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 754
 
                         Senate Bill 148
 
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.
 
  Increases maximum amount of civil penalty that may be assessed
by Board of Medical Examiners.
  Declares emergency, effective July 1, 2007.
 
                        A BILL FOR AN ACT
Relating to civil penalties imposed by Board of Medical
  Examiners; amending ORS 677.205; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 677.205 is amended to read:
  677.205. (1) The Board of Medical Examiners for the State of
Oregon may discipline as provided in this section any person
licensed, registered or certified under this chapter who has:
  (a) Admitted the facts of a complaint filed in accordance with
ORS 677.200 (1) alleging facts which establish that such person
is in violation of one or more of the grounds for suspension or
revocation of a license as set forth in ORS 677.190;
  (b) Been found to be in violation of one or more of the grounds
for disciplinary action of a licensee as set forth in this
chapter; or
  (c) Had an automatic license suspension as provided in ORS
677.225.
  (2) In disciplining a licensee as authorized by subsection (1)
of this section, the board may use any or all of the following
methods:
  (a) Suspend judgment.
  (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 board in its
discretion 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 - }  { +  $50,000 + },
or both.
  (3) In addition to the action authorized by subsection (2) of
this section, the board may temporarily suspend a license without
a hearing, simultaneously with the commencement of proceedings
under ORS 677.200 if the board finds that evidence in its
possession indicates that a continuation in practice of the
licensee constitutes an immediate danger to the public.
  (4) If the board places any licensee on probation as set forth
in subsection (2)(b) of this section, the board may determine,
and may at any time modify, the conditions of the probation and
may include among them any reasonable condition for the purpose
of protection of the public or for the purpose of the
rehabilitation of the probationer, or both. Upon expiration of
the term of probation, further proceedings shall be abated if the
licensee has complied with the terms of the probation.
  (5) If a license issued under this chapter is suspended, the
holder of the license may not practice during the term of
suspension. Upon the expiration of the term of suspension, the
license shall be reinstated by the board if the conditions for
which the license was suspended no longer exist.
  (6) The board shall enter each case of disciplinary action on
its records.
  (7) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
  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. + }
                         ----------