71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1004
House Bill 2247
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Health Licensing Office)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies relationship of Respiratory Therapist Licensing Board
and Health Licensing Office. Establishes grounds and procedures
for investigation of licensees. Delineates grounds for and
methods of discipline. Authorizes imposition of civil penalties
for certain violations. Authorizes referrals to diversion
program. Establishes civil immunity for good faith actions by
members of board and staff of office.
A BILL FOR AN ACT
Relating to practice of respiratory therapy; creating new
provisions; amending ORS 688.815, 688.830 and 688.835; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 688.815 is amended to read:
688.815. (1) An applicant for a license to practice respiratory
care shall submit to the { - Respiratory Therapist Licensing
Board - } { + Health Licensing Office + } written evidence,
verified by oath, that the applicant:
(a) Is at least 18 years of age;
(b) Has completed an approved four-year high school course of
study or the equivalent thereof determined by the appropriate
educational agency; and
(c) Has completed a respiratory care education program approved
by the American Medical Association in collaboration with the
Joint Review Committee for Respiratory Therapy Education or their
successors or equivalent organizations, as approved by the { +
Respiratory Therapist Licensing + } Board.
(2) The applicant shall be required to pass an examination,
whereupon the { - board - } { + office + } may issue to the
applicant a license to practice respiratory care.
(3) The { - board - } { + office + } may choose to issue a
license to practice respiratory care by indorsement to:
(a) An applicant who is currently licensed to practice
respiratory care under the laws of another state, territory or
country if the qualifications of the applicant are considered by
the { - board - } { + office + } to be equivalent to those
required in this state.
(b) An applicant holding a credential conferred by the National
Board for Respiratory Care as a Certified Respiratory Therapy
Technician (CRTT) or as a Registered Respiratory Therapist (RRT),
or both, providing such credential has not been suspended or
revoked.
SECTION 2. ORS 688.830 is amended to read:
688.830. { + (1) + } The { + Health Licensing Office in
consultation with the + } Respiratory Therapist Licensing Board
shall:
{ - (1) - } { + (a) + } Determine the qualifications and
fitness of applicants for licensure, renewal of license and
reciprocal licenses.
{ - (2) - } { + (b) + } Adopt rules that are necessary to
conduct its business, carry out its duties and administer ORS
688.800 to 688.835.
{ - (3) - } { + (c) + } Examine, approve, issue, deny,
revoke, suspend and renew licenses to practice respiratory care
under ORS 688.800 to 688.835.
{ - (4) - } { + (d) + } Maintain a public record of persons
licensed by the
{ - board - } { + office to practice respiratory care + }.
{ - (5) - } { + (2) The Respiratory Therapist Licensing
Board shall:
(a) + } Establish standards of { - professional
responsibility and - } practice { + and professional
responsibility + } for persons licensed by the { - board - }
{ + office + }.
{ - (6) - } { + (b) + } Select a licensing examination that
meets the standards of the National Commission for Health
Certifying Agencies or an equivalent that is nationally
recognized in testing respiratory care competencies.
{ - (7) - } { + (c) + } Establish continuing education
requirements for renewal of a license.
{ - (8) - } { + (d) + } Provide for waivers of
examinations, grandfathering requirements and temporary licenses
as considered appropriate.
{ - (9) - } { + (e) + } Establish examination and licensing
fees, renewal fees and fees for duplicate licenses. Subject to
the review of the Oregon Department of Administrative Services,
the fees established under this { - subsection - } { +
paragraph + } shall not exceed the cost of administering the
regulatory program of the board pertaining to the purpose for
which the fee is established, as recognized by the Legislative
Assembly in the board's budget, as the budget may be modified by
the Emergency Board.
SECTION 3. ORS 688.835 is amended to read:
688.835. { - The Respiratory Therapist Licensing Board may
administer oaths, take depositions and issue subpoenas to compel
the attendance of witnesses and the production of documents or
other written information necessary to carry out ORS 688.800 to
688.835. If any person fails to comply with a subpoena issued
under this section or refuses to testify on matters on which the
person lawfully may be interrogated, the procedure set out in ORS
183.440 shall be followed to compel obedience. - }
{ + (1) Upon the complaint of any citizen of this state or
upon its own initiative, the Health Licensing Office may
investigate any alleged violation of the provisions of ORS
688.800 to 688.835.
(2) In the conduct of investigations, the office may:
(a) Take evidence;
(b) Take the depositions of witnesses, including the person
charged;
(c) Compel the appearance of witnesses, including the person
charged;
(d) Require answers to interrogatories; and
(e) Compel the production of books, papers, records, accounts,
documents or testimony pertaining to the matter under
investigation.
(3) In exercising its authority under subsection (2) of this
section, the office may issue subpoenas over the signature of the
Director of the Health Licensing Office or any person the
director may designate by rule.
(4) The circuit court for any county, upon application by the
director, shall compel obedience to a subpoena issued and served
pursuant to this section and shall punish disobedience of any
such subpoena, or any refusal to testify at any authorized
hearing or to answer any lawful inquiry of the director or any
designated representative of the director, in the same manner as
a refusal to testify in the circuit court or as disobedience of
the requirements of a subpoena issued from the circuit court is
punished.
(5) The office, a licensee or a witness may have benefit of
counsel during any investigation. + }
SECTION 4. { + Sections 5 to 9 of this 2001 Act are added to
and made a part of ORS 688.800 to 688.835. + }
SECTION 5. { + The Health Licensing Office, in consultation
with the Respiratory Therapist Licensing Board, may discipline a
person licensed under ORS 688.800 to 688.835 for any of the
following reasons:
(1) Unprofessional conduct, negligence or incompetence in the
practice of respiratory care.
(2) Fraud or misrepresentation in applying for or procuring a
license to practice in this state.
(3) Use of advertising statements that are untruthful or that
deceive or mislead the public.
(4) Making statements that the licensee knows, or with the
exercise of reasonable care should know, are false or misleading
regarding the skill, efficacy or value of the treatment or remedy
administered by the licensee in treating any disease or other
condition of the human body.
(5) Impersonating another licensee or permitting another person
to use a license issued under ORS 688.830.
(6) Subject to ORS 670.280, conviction of any criminal offense.
A copy of the record of conviction, certified by the clerk of the
court entering the conviction, shall be conclusive evidence of
the conviction.
(7) Disciplinary action by another state of a licensee to
practice respiratory therapy, based upon acts by the licensee
similar to acts described in this section. A certified copy of
the record of the disciplinary action of the other state is
evidence from which the office may presume that the licensee was
properly disciplined for the reasons stated.
(8) Practicing respiratory care or related services while under
the influence of alcohol, controlled substances or other
skill-impairing substances that creates a risk of harm to
clients.
(9) Any violation of the provisions of ORS 688.800 to 688.835
or of rules adopted in accordance with ORS 688.830 (1)(b). + }
SECTION 6. { + (1) In disciplining a licensee as authorized by
section 5 of this 2001 Act, the Health Licensing Office, in
consultation with the Respiratory Therapist Licensing Board, may
use any or all of the following methods:
(a) Refuse to issue or renew the license.
(b) Place the licensee on probation.
(c) Suspend the license.
(d) Revoke the license.
(e) Place limitations on the license.
(f) Take such other disciplinary action as the office finds
proper, including assessment of the costs of the disciplinary
proceedings as a civil penalty or assessment of a civil penalty
not to exceed $5,000, or both.
(2) The office may deny a license or issue a conditional,
limited or probationary license to an applicant for licensure for
any of the grounds for which a licensee may be disciplined.
(3) If the office places a licensee on probation under
subsection (1)(b) of this section, the office, in consultation
with the board, may determine and may at any time modify the
conditions of the probation. The office may include among the
conditions of the probation any reasonable condition for the
purpose of protecting the public or rehabilitating the
probationer, or both.
(4) If a license issued under ORS 688.800 to 688.835 is
suspended, the holder of the license may not practice respiratory
care during the term of suspension. Upon the expiration of the
term of suspension, the license shall be reinstated by the office
if the conditions for which the license was suspended no longer
exist.
(5) In addition to all other remedies, when it appears to the
office that a person is engaged in, or has engaged in, any act,
practice or transaction that violates any provision of ORS
688.800 to 688.835, the office may direct the Attorney General or
the district attorney of the county in which the act, practice or
transaction occurs to apply to the court for an injunction
restraining the person from violating the provisions of ORS
688.800 to 688.835.
(6) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(7) All moneys received by the office under ORS 688.800 to
688.835 shall be paid into the General Fund in the State Treasury
and placed to the credit of the Health Licensing Office Account.
Such moneys are appropriated continuously and shall be used only
for the administration and enforcement of ORS 688.800 to
688.835. + }
SECTION 7. { + (1) In addition to or in lieu of any
disciplinary action under section 6 of this 2001 Act, the Health
Licensing Office, in consultation with the Respiratory Therapist
Licensing Board, may refer a licensee or applicant for licensure
who is or may be chemically dependent to a diversion program
approved by the office.
(2) The office shall report to the board and provide all
pertinent information concerning a licensee or applicant for
licensure who is referred to a diversion program under subsection
(1) of this section, who fails to complete a diversion program or
who fails to participate in good faith in a diversion
program. + }
SECTION 8. { + (1) All records obtained by the Respiratory
Therapist Licensing Board and the Health Licensing Office that
relate to a diversion program referred to in section 7 of this
2001 Act are confidential and shall not be subject to public
disclosure, nor shall those records be admissible as evidence in
any judicial, administrative, arbitration or mediation proceeding
except proceedings involving the licensee or applicant for
licensure and the Health Licensing Office.
(2) A licensee or applicant for licensure who voluntarily and
in good faith participates in a diversion program approved by the
office and successfully completes the diversion program shall not
be subject to disciplinary investigation or sanctions unless the
licensee or applicant for licensure is suspected of a violation
of any provision of ORS 688.800 to 688.835. + }
SECTION 9. { + The Respiratory Therapist Licensing Board and
its members and the Health Licensing Office and its employees and
contractors are immune from any civil liability arising from good
faith actions taken pursuant to ORS 688.800 to 688.835. + }
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