74th OREGON LEGISLATIVE ASSEMBLY--2007 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 558
 
                         Senate Bill 146
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Board of Medical Examiners)
 
 
                             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.
 
  Authorizes Board of Medical Examiners to impose civil penalties
and to assess enforcement costs against violators.
  Declares emergency, effective July 1, 2007.
 
                        A BILL FOR AN ACT
Relating to enforcement authority of Board of Medical Examiners;
  amending ORS 677.990; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 677.990 is amended to read:
  677.990. (1) Violation of any provision of this chapter is a
misdemeanor. In any prosecution for such violation, it shall be
sufficient to sustain a conviction to show a single act of
conduct in violation of any of the provisions of this chapter and
it shall not be necessary to show a general course of such
conduct.
  (2) Any person who practices medicine without being licensed
under this chapter as prohibited in ORS 677.080 (4) commits a
Class C felony.
  (3) A person who violates the provisions of ORS 677.360 to
677.370 commits a Class C misdemeanor.
   { +  (4)(a) Any person who violates any provision of this
chapter or any rule adopted thereunder shall forfeit and pay into
the General Fund to the credit of the Board of Medical Examiners
Account a civil penalty in an amount determined by the Board of
Medical Examiners. The amount of the penalty may not exceed
$100,000 for each offense.
  (b) In addition to any civil penalty forfeited and paid
pursuant to paragraph (a) of this subsection, the board may
assess from any person subject to a civil penalty any costs
incurred by the board in enforcing the civil penalty provisions
of this subsection.
  (c) The civil penalty and the enforcement costs assessed under
this subsection may be recovered by the Attorney General in an
action brought in the name of the State of Oregon in any court of
appropriate jurisdiction or may be imposed as provided in ORS
183.745.
 
  (d) The provisions of this subsection are in addition to and
not in lieu of any other penalty provided by law. + }
  SECTION 2.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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