Chapter 377 Oregon Laws 2005

AN ACT

HB 2059

Relating to criminal records checks by the Board of Medical Examiners; amending ORS 677.265.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 677.265 is amended to read:

677.265. In addition to any other powers granted by this chapter, the Board of Medical Examiners for the State of Oregon may:

(1) Adopt necessary and proper rules for administration of this chapter including but not limited to:

(a) Establishing fees and charges to carry out its legal responsibilities, subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges. [Such] The fees and charges shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fees and charges established under this section [shall] may not exceed the cost of administering the program or the purpose for which the fee or charge is established, as authorized by the Legislative Assembly for the board’s budget, or as modified by the Emergency Board or future sessions of the Legislative Assembly.

(b) Establishing standards and tests to determine the moral, intellectual, educational, scientific, technical and professional qualifications required of applicants for licenses under this chapter.

(c) Enforcing the provisions of this chapter and exercising general supervision over the practice of medicine and podiatry within this state. In determining whether to discipline a licensee for a standard of care violation, the board shall determine whether the licensee used that degree of care, skill and diligence that is used by ordinarily careful physicians or podiatric physicians and surgeons in the same or similar circumstances in the community of the physician or podiatric physician and surgeon or a similar community.

(2) Issue, deny, suspend and revoke licenses and limited licenses, assess costs of proceedings and fines and place licensees on probation as provided in this chapter.

(3) Use the gratuitous services and facilities of private organizations to receive the assistance and recommendations of [such] the organizations in administering this chapter.

(4) Make its personnel and facilities available to other regulatory agencies of this state, or other bodies interested in the development and improvement of the practice of medicine or podiatry in this state, upon [such] terms and conditions for reimbursement as are agreed to by the board and the other agency or body.

(5) Appoint examiners, who need not be members of the board, and employ or contract with the American Public Health Association or the National Board of Medical Examiners or other organizations, agencies and persons to prepare examination questions and score examination papers.

(6) Determine the schools, colleges, universities, institutions and training acceptable in connection with licensing under this chapter. All residency, internship and other training programs carried on in this state by any hospital, institution or medical facility shall be subject to approval by the board. The board shall accept the approval by the American Osteopathic Association or the American Medical Association.

(7) Prescribe the time, place, method, manner, scope and subjects of examinations under this chapter.

(8) Prescribe all forms that it considers appropriate for the purposes of this chapter, and require the submission of photographs[, fingerprints] and relevant personal history data by applicants for licensure under this chapter.

(9)(a) Require each applicant and licensee to furnish a full set of fingerprints for a nationwide criminal records check. The board shall submit completed fingerprint cards to the Department of State Police. The Department of State Police is authorized to submit the fingerprint cards to the Federal Bureau of Investigation for a nationwide criminal records check. The board may use information obtained from the nationwide criminal records check to determine the individual’s eligibility for licensing or renewal, or in the course of investigations under ORS 676.165 or 677.320.

(b) The Federal Bureau of Investigation shall return or destroy the fingerprint cards used to conduct a nationwide criminal records check and may not keep any record of the fingerprints. If the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the Department of State Police shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.

(c) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

(d) Notwithstanding the provisions of ORS 192.410 to 192.505 relating to public records, the fingerprints and any photographs, records or reports compiled under this section are confidential and exempt from public inspection, except:

(A) As ordered by a court; or

(B) For access by the individual who is the subject of the fingerprints, photographs, records or reports.

[(9)] (10) Administer oaths, issue notices and subpoenas in the name of the board, enforce subpoenas in the manner authorized by ORS 183.440, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter.

Approved by the Governor June 29, 2005

Filed in the office of Secretary of State June 29, 2005

Effective date January 1, 2006

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