72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 553
 
                         House Bill 2165
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Board of Medical Examiners for the State of
  Oregon)
 
 
                             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.
 
  Requires certain organizations to report information concerning
conduct of physicians to Board of Medical Examiners.  Requires
licensees to self-report certain conduct to board.
 
                        A BILL FOR AN ACT
Relating to required reporting to Board of Medical Examiners for
  the State of Oregon; amending ORS 677.415.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 677.415 is amended to read:
  677.415. (1) The Board of Medical Examiners   { - for the State
of Oregon - }  on its own motion may investigate any evidence
 { - which - }  { +  that + } appears to show that a licensee
licensed by the board is or may be medically incompetent or is or
may be guilty of unprofessional or dishonorable conduct or is or
may be an impaired physician unable safely to engage in the
practice of medicine or podiatry.
  (2) Any health care facility licensed under ORS 441.015 to
441.087 and 441.820  { - , - }   { + and + } any licensee
licensed by the board, the Oregon Medical Association, Inc., or
any component society thereof, the Osteopathic Physicians and
Surgeons of Oregon, Inc. { + , the Oregon Society of Physician
Assistants, the Oregon Acupuncture Association, the Acupuncture
and Oriental Medicine Society of Oregon + } or the Oregon
Podiatric Medical Association shall { +  report within five
working days + }, and any other person may  { - , - }
report { + , + } to the board any information such licensee,
association, society or person may have   { - which - }
 { + that + } appears to show that a licensee is or may be
medically incompetent or is or may be guilty of unprofessional or
dishonorable conduct or is or may be an impaired physician unable
safely to engage in the practice of medicine or podiatry.
However, a physician who is treating another physician for a
mental disability   { - shall have - }   { + has + } a duty to
report  { + within five working days + } the physician patient
unless, in the opinion of the treating physician, the patient is
not impaired.
 
 
   { +  (3)(a) A licensee is required to self-report within five
working days any official incident or event that appears to show
that the licensee is or may be:
  (A) Medically incompetent;
  (B) Guilty of unprofessional conduct; or
  (C) An impaired physician.
  (b) For the purposes of this subsection, 'official incident or
event' includes, but is not limited to, an action taken by a
government agency or a hospital that restricts or terminates the
privileges of a physician to practice medicine, a
hospitalization, or withdrawal from the practice of medicine. + }
    { - (3) - }   { + (4) + } A licensee's voluntary resignation
from the staff of a health care institution or voluntary
limitation of the licensee's staff privileges at such an
institution shall be promptly reported to the board by the
institution and the licensee if that action occurs while the
licensee is under investigation by the institution or a committee
thereof for any reason related to possible medical incompetence,
unprofessional conduct or mental or physical impairment.
    { - (4) - }   { + (5) + } If, in the opinion of the board, it
appears that information provided to it under this section is or
may be true, the board may order an informal interview with the
licensee subject to the notice requirement of ORS 677.320.
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