Chapter 676 — Health
Professions Generally
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
HEALTH PROFESSIONS GENERALLY
OCCUPATIONS AND PROFESSIONS
USE OF TITLES IMPORTING HEALTH CARE
PROFESSION
676.110 Use
of title “doctor”
676.120 Use
of deceased licensee’s name
676.130 Enforcement
of ORS 676.110 and 676.120
REPORTING OBLIGATIONS
676.150 Duty
to report prohibited or unprofessional conduct, arrests and convictions;
investigation; confidentiality; immunity from liability
PROCESSING OF COMPLAINTS AGAINST HEALTH
PROFESSIONALS
676.160 Definitions
for ORS 676.165 to 676.180
676.165 Complaint
investigation
676.170 Immunity
of information providers
676.175 Complaints
and investigations confidential; exceptions; fees
676.177 Disclosure
of confidential information to another public entity; criteria
676.180 Notice
prior to disclosure
IMPAIRED HEALTH PROFESSIONAL PROGRAM
676.185 Definitions
for ORS 676.185 to 676.200
676.190 Establishment
of program; reports of noncompliance; diversion agreements; audit; rules
676.195 Monitoring
entity; reports to health professional licensing boards; audit; fees
676.200 Board
participation in program; rules
EFFECT OF EXPIRATION, LAPSE, SURRENDER,
SUSPENSION OR REVOCATION OF LICENSE
676.205 Continuing
jurisdiction of boards; effect of expiration, lapse, surrender, suspension or
revocation of license
676.210 Practice
of health care profession after suspension or revocation of license prohibited
676.220 Enjoining
health care professional from practicing after suspension or revocation of
license
676.230 Injunction
as cumulative remedy
HEALTH CARE FACILITY REPORTING OF BLOOD
ALCOHOL LEVEL OR
PRESENCE OF CONTROLLED SUBSTANCE
676.260 Health
care facility notification of blood alcohol level or presence of controlled
substance in blood; content of notice
676.280 Immunity
of person participating in report pursuant to ORS 676.260
676.300 Authority
of health care provider to notify law enforcement agency that patient who is
under influence of intoxicants is about to drive vehicle; immunity
MISCELLANEOUS
676.303 Purposes
of health professional regulatory boards; authority of boards to require
fingerprints
676.306 Executive
directors; reports; rules
676.310 Fees
for laboratory testing; itemized billing; failure to comply considered
unprofessional conduct
676.330 Approved
osteopathic residency training and certification included as medical specialty
certification
676.340 Limitations
on liability of health practitioners providing health care services without
compensation; requirements; exceptions; attorney fees; applicability
676.345 Registration
program for health care professionals claiming liability limitation; program
requirements
676.350 Authority
of health professional regulatory boards to adopt rules permitting expedited partner
therapy
676.360 Pelvic
examinations
676.400 Racial
and ethnic composition of regulated health professions; findings; duties of
health professional regulatory boards
676.405 Release
of personal information
676.410 Information
required for issuance or renewal of certain licenses; confidentiality; fees
676.440 Duty
of health professional regulatory boards to encourage multidisciplinary pain
management services
Note Task
Force on Oregon Curriculum and Training Standards for Performing Clinical Breast
Examinations--2011 c.425 §§1,2
SUBSIDIES FOR MEDICAL PROFESSIONAL
LIABILITY INSURANCE
676.550 Subsidies
for medical professional liability insurance; rules
676.552 Amount
of subsidy
676.554 Report
to legislature
676.556 Rural
Medical Liability Subsidy Fund
OREGON HEALTH LICENSING AGENCY
676.605 Purpose
of Oregon Health Licensing Agency
676.606 Oversight
and centralized service by agency
676.607 Agency
responsibilities; enumeration of powers not exclusive; rules
676.608 Investigative
authority; conduct of investigation
676.609 Disclosure
of records
676.610 Director;
appointment and qualifications; responsibilities; duties
676.611 Duty
of director to keep records and prepare reports; peer review of agency
activities; rules
676.612 Disciplinary
authority; authority of agency to require fingerprints
676.613 Injunctions
676.615 Rulemaking
authority
676.617 Single
facility license; rules; fees
676.618 Inspection
of facilities
676.620 Use
of services of Oregon Department of Administrative Services
676.622 Electronic
and facsimile signatures
676.625 Oregon
Health Licensing Agency Account; fees; record keeping; disposition of receipts
PENALTIES
676.990 Criminal
penalties
676.992 Civil
penalties
676.010
[Amended by 1967 c.470 §64; repealed by 1973 c.31 §5]
676.020
[Amended by 1953 c.203 §1; 1957 c.212 §1; repealed by 1973 c.31 §5]
676.030
[Amended by 1957 c.212 §2; 1967 c.470 §65; repealed by 1973 c.31 §5]
676.035 [1967
c.184 §1; 1971 c.15 §1; repealed by 1973 c.31 §5]
676.040
[Amended by 1957 c.212 §3; repealed by 1973 c.31 §5]
676.050
[Amended by 1953 c.203 §2; 1957 c.212 §4; repealed by 1973 c.31 §5]
676.060
[Repealed by 1973 c.31 §5]
676.070
[Repealed by 1973 c.31 §5]
676.080
[Repealed by 1973 c.31 §5]
676.090
[Repealed by 1973 c.31 §5]
USE OF TITLES IMPORTING HEALTH CARE
PROFESSION
676.100
[Repealed by 2009 c.142 §6]
676.110 Use of title “doctor.”
(1) An individual practicing a health care profession may not use the title “doctor”
in connection with the profession, unless the individual:
(a)
Has earned a doctoral degree in the individual’s field of practice; and
(b)(A)
Is licensed by a health professional regulatory board as defined in ORS 676.160
to practice the particular health care profession in which the individual’s
doctoral degree was earned; or
(B)
Is working under a board-approved residency contract and is practicing under
the license of a supervisor who is licensed by a health professional regulatory
board as defined in ORS 676.160 to practice the particular health care
profession in which the individual’s doctoral degree was earned.
(2)
If an individual uses the title “doctor” in connection with a health care
profession at any time, the individual must designate the health care
profession in which the individual’s doctoral degree was earned on all written
or printed matter, advertising, billboards, signs or professional notices used
in connection with the health care profession, regardless of whether the
individual’s name or the title “doctor” appears on the written or printed
matter, advertising, billboard, sign or professional notice. The designation
must be in letters or print at least one-fourth the size of the largest letters
used on the written or printed matter, advertising, billboard, sign or professional
notice, and in material, color, type or illumination to give display and
legibility of at least one-fourth that of the largest letters used on the
written or printed matter, advertising, billboard, sign or professional notice.
(3)
Subsection (1) of this section does not prohibit:
(a)
A chiropractic physician licensed under ORS chapter 684 from using the title “chiropractic
physician”;
(b)
A naturopathic physician licensed under ORS chapter 685 from using the title “naturopathic
physician”;
(c)
A person licensed to practice optometry under ORS chapter 683 from using the
title “doctor of optometry” or “optometric physician”; or
(d)
A podiatric physician licensed under ORS 677.805 to 677.840 from using the
title “podiatric physician.” [Amended by 1967 c.470 §66; 1983 c.169 §29; 1983
c.486 §1a; 1983 c.769 §1; 1991 c.314 §4; 1995 c.765 §1; 2007 c.418 §1; 2009
c.142 §1; 2011 c.108 §1]
676.120 Use of deceased licensee’s name.
Notwithstanding ORS 676.110, upon the death of any person duly licensed by a health
professional regulatory board as defined in ORS 676.160, the executors of the
estate or the heirs, assigns, associates or partners may retain the use of the
decedent’s name, where it appears other than as a part of an assumed name, for
no more than one year after the death of such person or until the estate is
settled, whichever is sooner. [Amended by 1953 c.137 §2; 1983 c.769 §2; 1991
c.314 §5; 2009 c.142 §2]
676.130 Enforcement of ORS 676.110 and
676.120. Each health professional regulatory
board as defined in ORS 676.160 shall notify the appropriate district attorney
of any violation of ORS 676.110 and 676.120 which may be brought to the
attention of such board. The district attorney of the county in which any
violation of those sections takes place shall prosecute the violation upon
being informed of the violation by any person or by one of such boards. [Amended
by 1983 c.769 §3; 2009 c.142 §3]
676.140
[Repealed by 1967 c.470 §68]
REPORTING OBLIGATIONS
676.150 Duty to report prohibited or unprofessional
conduct, arrests and convictions; investigation; confidentiality; immunity from
liability. (1) As used in this section:
(a)
“Board” means the:
(A)
State Board of Examiners for Speech-Language Pathology and Audiology;
(B)
State Board of Chiropractic Examiners;
(C)
State Board of Licensed Social Workers;
(D)
Oregon Board of Licensed Professional Counselors and Therapists;
(E)
Oregon Board of Dentistry;
(F)
Board of Licensed Dietitians;
(G)
State Board of Massage Therapists;
(H)
Oregon Board of Naturopathic Medicine;
(I)
Oregon State Board of Nursing;
(J)
Nursing Home Administrators Board;
(K)
Oregon Board of Optometry;
(L)
State Board of Pharmacy;
(M)
Oregon Medical Board;
(N)
Occupational Therapy Licensing Board;
(O)
Physical Therapist Licensing Board;
(P)
State Board of Psychologist Examiners;
(Q)
Board of Medical Imaging;
(R)
State Board of Direct Entry Midwifery;
(S)
State Board of Denture Technology;
(T)
Respiratory Therapist and Polysomnographic Technologist Licensing Board;
(U)
Oregon Health Authority, to the extent that the authority licenses emergency
medical services providers;
(V)
Oregon State Veterinary Medical Examining Board; or
(W)
State Mortuary and Cemetery Board.
(b)
“Licensee” means a health professional licensed or certified by or registered
with a board.
(c)
“Prohibited conduct” means conduct by a licensee that:
(A)
Constitutes a criminal act against a patient or client; or
(B)
Constitutes a criminal act that creates a risk of harm to a patient or client.
(d)
“Unprofessional conduct” means conduct unbecoming a licensee or detrimental to
the best interests of the public, including conduct contrary to recognized
standards of ethics of the licensee’s profession or conduct that endangers the
health, safety or welfare of a patient or client.
(2)
Unless state or federal laws relating to confidentiality or the protection of
health information prohibit disclosure, a licensee who has reasonable cause to
believe that another licensee has engaged in prohibited or unprofessional
conduct shall report the conduct to the board responsible for the licensee who
is believed to have engaged in the conduct. The reporting licensee shall report
the conduct without undue delay, but in no event later than 10 working days after
the reporting licensee learns of the conduct.
(3)
A licensee who is convicted of a misdemeanor or felony or who is arrested for a
felony crime shall report the conviction or arrest to the licensee’s board
within 10 days after the conviction or arrest.
(4)
The board responsible for a licensee who is reported to have engaged in
prohibited or unprofessional conduct shall investigate in accordance with the
board’s rules. If the board has reasonable cause to believe that the licensee
has engaged in prohibited conduct, the board shall present the facts to an
appropriate law enforcement agency without undue delay, but in no event later
than 10 working days after the board finds reasonable cause to believe that the
licensee engaged in prohibited conduct.
(5)
A licensee who fails to report prohibited or unprofessional conduct as required
by subsection (2) of this section or the licensee’s conviction or arrest as
required by subsection (3) of this section is subject to discipline by the
board responsible for the licensee.
(6)
A licensee who fails to report prohibited conduct as required by subsection (2)
of this section commits a Class A violation.
(7)
Notwithstanding any other provision of law, a report under subsection (2) or
(3) of this section is confidential under ORS 676.175. A board may disclose a
report as provided in ORS 676.177.
(8)
Except as part of an application for a license or for renewal of a license and
except as provided in subsection (3) of this section, a board may not require a
licensee to report the licensee’s criminal conduct.
(9)
The obligations imposed by this section are in addition to and not in lieu of
other obligations to report unprofessional conduct as provided by statute.
(10)
A licensee who reports to a board in good faith as required by subsection (2)
of this section is immune from civil liability for making the report.
(11)
A board and the members, employees and contractors of the board are immune from
civil liability for actions taken in good faith as a result of a report received
under subsection (2) or (3) of this section. [2009 c.536 §1; 2011 c.630 §21;
2011 c.703 §44; 2011 c.715 §19; 2011 c.720 §213]
PROCESSING OF COMPLAINTS AGAINST HEALTH
PROFESSIONALS
676.160 Definitions for ORS 676.165 to
676.180. As used in ORS 676.165 to 676.180, “health
professional regulatory board” means the:
(1)
State Board of Examiners for Speech-Language Pathology and Audiology;
(2)
State Board of Chiropractic Examiners;
(3)
State Board of Licensed Social Workers;
(4)
Oregon Board of Licensed Professional Counselors and Therapists;
(5)
Oregon Board of Dentistry;
(6)
Board of Licensed Dietitians;
(7)
State Board of Massage Therapists;
(8)
State Mortuary and Cemetery Board;
(9)
Oregon Board of Naturopathic Medicine;
(10)
Oregon State Board of Nursing;
(11)
Nursing Home Administrators Board;
(12)
Oregon Board of Optometry;
(13)
State Board of Pharmacy;
(14)
Oregon Medical Board;
(15)
Occupational Therapy Licensing Board;
(16)
Physical Therapist Licensing Board;
(17)
State Board of Psychologist Examiners;
(18)
Board of Medical Imaging;
(19)
Oregon State Veterinary Medical Examining Board; and
(20)
Oregon Health Authority, to the extent that the authority licenses emergency
medical services providers. [1997 c.791 §1; 1999 c.537 §4; 2001 c.274 §4; 2009
c.43 §9; 2009 c.442 §44; 2009 c.595 §1051; 2009 c.768 §33; 2009 c.833 §25; 2011
c.630 §22; 2011 c.703 §45]
676.165 Complaint investigation.
(1) When a health professional regulatory board or the Oregon Health Licensing
Agency receives a complaint by any person against a licensee, applicant or
other person alleged to be practicing in violation of law, the board or agency
shall assign one or more persons to act as investigator of the complaint.
(2)
The investigator shall collect evidence and interview witnesses and shall make
a report to the board or agency. The investigator shall have all investigatory
powers possessed by the board or agency.
(3)
The report to the board or agency shall describe the evidence gathered, the
results of witness interviews and any other information considered in preparing
the report of the investigator. The investigator shall consider, and include in
the report, any disciplinary history with the board or agency of the licensee,
applicant or other person alleged to be practicing in violation of law.
(4)
The investigator shall make the report to the board or agency not later than
120 days after the board or agency receives the complaint. However, the board
or agency may extend the time for making the report by up to 30 days for just
cause. The board or agency may grant more than one extension of time.
(5)
Investigatory information obtained by an investigator and the report issued by
the investigator shall be exempt from public disclosure.
(6)
When a health professional regulatory board reviews the investigatory
information and report, the public members of the board must be actively
involved. [1997 c.791 §5; 2009 c.756 §5]
676.170 Immunity of information providers.
A person who reports or supplies information in good faith to a health
professional regulatory board or to a committee reporting to a health
professional regulatory board shall be immune from an action for civil damages
as a result thereof. [1997 c.791 §4]
676.175 Complaints and investigations confidential;
exceptions; fees. (1) A health professional
regulatory board shall keep confidential and not disclose to the public any
information obtained by the board as part of an investigation of a licensee or
applicant, including complaints concerning licensee or applicant conduct and
information permitting the identification of complainants, licensees or
applicants. However, the board may disclose information obtained in the course
of an investigation of a licensee or applicant to the extent necessary to conduct
a full and proper investigation.
(2)
Notwithstanding subsection (1) of this section, if a health professional
regulatory board votes not to issue a notice of intent to impose a disciplinary
sanction:
(a)
The board shall disclose information obtained as part of an investigation of an
applicant or licensee if the person requesting the information demonstrates by
clear and convincing evidence that the public interest in disclosure outweighs
other interests in nondisclosure, including but not limited to the public
interest in nondisclosure.
(b)
The board may disclose to a complainant a written summary of information
obtained as part of an investigation of an applicant or licensee resulting from
the complaint to the extent the board determines necessary to explain the
reasons for the board’s decision. An applicant or licensee may review and
obtain a copy of any written summary of information disclosed to a complainant
by the board after the board has deleted any information that could reasonably
be used to identify the complainant.
(3)
If a health professional regulatory board votes to issue a notice of intent to
impose a disciplinary sanction, upon written request by the licensee or
applicant, the board shall disclose to the licensee or applicant all information
obtained by the board in the investigation of the allegations in the notice
except:
(a)
Information that is privileged or confidential under a law other than this
section.
(b)
Information that would permit the identification of any person who provided
information that led to the filing of the notice and who will not provide
testimony at a hearing arising out of the investigation.
(c)
Information that would permit the identification of any person as a person who
made a complaint to the board about a licensee or applicant.
(d)
Reports of expert witnesses.
(4)
Information disclosed to a licensee or applicant under subsection (3) of this
section may be further disclosed by the licensee or applicant only to the
extent necessary to prepare for a hearing on the notice of intent to impose a
disciplinary sanction.
(5)(a)
A health professional regulatory board shall disclose:
(A)
A notice of intent to impose a disciplinary sanction against a licensee or
applicant that has been issued by vote of the board;
(B)
A final order that results from the board’s notice of intent to impose a
disciplinary sanction;
(C)
An emergency suspension order;
(D)
A consent order or stipulated agreement that involves licensee or applicant
conduct; and
(E)
Information to further an investigation into board conduct under ORS 192.685.
(b)
A health professional regulatory board may make the information required to be
disclosed under paragraph (a)(A) to (D) of this subsection available in
electronic form, accessible by use of a personal computer or similar technology
that provides direct electronic access to the information.
(6)
If a notice of intent to impose a disciplinary sanction has been issued by vote
of a health professional regulatory board, a final order that results from the
board’s notice of intent to impose a disciplinary sanction, an emergency
suspension order or a consent order or stipulated agreement that involves
licensee or applicant conduct shall summarize the factual basis for the board’s
disposition of the matter.
(7)
A health professional regulatory board record or order, or any part thereof,
obtained as part of or resulting from an investigation, contested case
proceeding, consent order or stipulated agreement, is not admissible as
evidence and may not preclude an issue or claim in any civil proceeding except
in a proceeding between the board and the licensee or applicant as otherwise
allowed by law.
(8)(a)
Notwithstanding subsection (1) of this section, it is not disclosure to the
public for a board to permit other public officials and members of the press to
attend executive sessions where information obtained as part of an
investigation is discussed. Public officials and members of the press attending
such executive sessions shall not disclose information obtained as part of an
investigation to any other member of the public.
(b)
For purposes of this subsection, “public official” means a member or
member-elect, or any member of the staff or an employee, of a public entity as
defined by ORS 676.177.
(9)
A health professional regulatory board may establish fees reasonably calculated
to reimburse the actual cost of disclosing information to licensees or
applicants as required by subsection (3) of this section. [1997 c.791 §2; 1999
c.751 §3; 2005 c.801 §1]
676.177 Disclosure of confidential
information to another public entity; criteria.
(1) Notwithstanding any other provision of ORS 676.165 to 676.180, a health
professional regulatory board, upon a determination by the board that it
possesses otherwise confidential information that reasonably relates to the
regulatory or enforcement function of another public entity, may disclose that
information to the other public entity.
(2)
Any public entity that receives information pursuant to subsection (1) of this section
shall agree to take all reasonable steps to maintain the confidentiality of the
information, except that the public entity may use or disclose the information
to the extent necessary to carry out the regulatory or enforcement functions of
the public entity.
(3)
For purposes of this section, “public entity” means:
(a)
A board or agency of this state, or a board or agency of another state with
regulatory or enforcement functions similar to the functions of a health
professional regulatory board of this state;
(b)
A district attorney;
(c)
The Department of Justice;
(d)
A state or local public body of this state that licenses, franchises or
provides emergency medical services; or
(e)
A law enforcement agency of this state, another state or the federal
government. [1999 c.751 §2]
676.180 Notice prior to disclosure.
If a health professional regulatory board intends to disclose a record pursuant
to ORS 676.175 (2), the board shall provide the licensee or applicant seven
days’ prior written notice by first class mail. The notice shall describe the
record that the board intends to disclose in sufficient detail to permit the
licensee or applicant to know the contents of the record. In any subsequent
action for injunctive or declaratory relief, the burden shall be on the person
seeking disclosure to demonstrate by clear and convincing evidence that the
public interest in disclosure outweighs other interests in nondisclosure,
including but not limited to the public interest in nondisclosure. [1997 c.791 §3]
IMPAIRED HEALTH PROFESSIONAL PROGRAM
676.185 Definitions for ORS 676.185 to
676.200. As used in ORS 676.185 to 676.200:
(1)
“Health profession licensing board” means:
(a)
A health professional regulatory board as defined in ORS 676.160; or
(b)
The Oregon Health Licensing Agency for a board, council or program listed in
ORS 676.606.
(2)
“Impaired professional” means a licensee who is unable to practice with
professional skill and safety by reason of habitual or excessive use or abuse
of drugs, alcohol or other substances that impair ability or by reason of a
mental health disorder.
(3)
“Licensee” means a health professional licensed or certified by or registered
with a health profession licensing board. [2009 c.697 §1]
676.190 Establishment of program; reports
of noncompliance; diversion agreements; audit; rules.
(1) The Oregon Health Authority shall establish or contract to establish an
impaired health professional program. The program must:
(a)
Enroll licensees of participating health profession licensing boards who have
been diagnosed with alcohol or substance abuse or a mental health disorder;
(b)
Require that a licensee sign a written consent prior to enrollment in the
program allowing disclosure and exchange of information between the program,
the licensee’s board, the monitoring entity established under ORS 676.195, the
licensee’s employer, evaluators and treatment entities in compliance with ORS
179.505 and 42 C.F.R. part 2;
(c)
Enter into diversion agreements with enrolled licensees;
(d)
Assess and evaluate compliance with diversion agreements by enrolled licensees;
(e)
Assess the ability of an enrolled licensee’s employer to supervise the licensee
and require an enrolled licensee’s employer to establish minimum training
requirements for supervisors of enrolled licensees;
(f)
Report substantial noncompliance with a diversion agreement to the monitoring
entity established under ORS 676.195 within one business day after the program
learns of the substantial noncompliance, including but not limited to
information that a licensee:
(A)
Engaged in criminal behavior;
(B)
Engaged in conduct that caused injury, death or harm to the public, including
engaging in sexual impropriety with a patient;
(C)
Was impaired in a health care setting in the course of the licensee’s
employment;
(D)
Received a positive toxicology test result as determined by federal regulations
pertaining to drug testing;
(E)
Violated a restriction on the licensee’s practice imposed by the program or the
licensee’s board;
(F)
Was admitted to the hospital for mental illness or adjudged to be mentally
incompetent;
(G)
Entered into a diversion agreement, but failed to participate in the program;
or
(H)
Was referred to the program but failed to enroll in the program; and
(g)
At least weekly, submit a list of licensees who are enrolled in the program and
a list of licensees who successfully complete the program to the monitoring
entity established under ORS 676.195.
(2)
When the program reports noncompliance to the monitoring entity, the report
must include:
(a)
A description of the noncompliance;
(b)
A copy of a report from the independent third party who diagnosed the licensee
under ORS 676.200 (2)(a) or subsection (5)(a) of this section stating the
licensee’s diagnosis;
(c)
A copy of the licensee’s diversion agreement; and
(d)
The licensee’s employment status.
(3)
The program may not diagnose or treat licensees enrolled in the program.
(4)
The diversion agreement required by subsection (1) of this section must:
(a)
Require the licensee to consent to disclosure and exchange of information
between the program, the licensee’s board, the monitoring entity established
under ORS 676.195, the licensee’s employer, evaluators and treatment providers,
in compliance with ORS 179.505 and 42 C.F.R. part 2;
(b)
Require that the licensee comply continuously with the agreement for at least
two years to successfully complete the program;
(c)
Based on an individualized assessment, require that the licensee abstain from
mind-altering or intoxicating substances or potentially addictive drugs, unless
the drug is approved by the program and prescribed for a documented medical
condition by a person authorized by law to prescribe the drug to the licensee;
(d)
Require the licensee to report use of mind-altering or intoxicating substances
or potentially addictive drugs within 24 hours;
(e)
Require the licensee to agree to participate in a treatment plan approved by a
third party;
(f)
Contain limits on the licensee’s practice of the licensee’s health profession;
(g)
Provide for employer monitoring of the licensee;
(h)
Provide that the program may require an evaluation of the licensee’s fitness to
practice before removing the limits on the licensee’s practice of the licensee’s
health profession;
(i)
Require the licensee to submit to random drug or alcohol testing in accordance
with federal regulations;
(j)
Require the licensee to report at least weekly to the program regarding the
licensee’s compliance with the agreement;
(k)
Require the licensee to report any arrest for or conviction of a misdemeanor or
felony crime to the program within three business days after the licensee is
arrested or convicted;
(L)
Require the licensee to report applications for licensure in other states,
changes in employment and changes in practice setting; and
(m)
Provide that the licensee is responsible for the cost of evaluations,
toxicology testing and treatment.
(5)(a)
A licensee of a board participating in the program may self-refer to the
program.
(b)
The program shall require the licensee to attest that the licensee is not, to
the best of the licensee’s knowledge, under investigation by the licensee’s
board. The program shall enroll the licensee on the date on which the licensee
attests that the licensee, to the best of the licensee’s knowledge, is not
under investigation by the licensee’s board.
(c)
When a licensee self-refers to the program, the program shall:
(A)
Require that an independent third party approved by the licensee’s board to
evaluate alcohol or substance abuse or mental health disorders evaluate the
licensee for alcohol or substance abuse or mental health disorders; and
(B)
Investigate to determine whether the licensee’s practice while impaired has
presented or presents a danger to the public.
(6)
The authority shall adopt rules establishing a fee to be paid by the boards
participating in the impaired health professional program for administration of
the program.
(7)
The authority shall arrange for an independent third party to audit the program
to ensure compliance with program guidelines. The authority shall report the
results of the audit to the Legislative Assembly, the Governor and the health
profession licensing boards. The report may not contain individually
identifiable information about licensees.
(8)
The authority may adopt rules to carry out this section. [2009 c.697 §1b; 2009
c.828 §73]
676.195 Monitoring entity; reports to
health professional licensing boards; audit; fees.
(1) The Oregon Health Authority shall contract with an independent third party
to establish a monitoring entity for impaired professionals. The monitoring
entity shall:
(a)
Compare the weekly lists submitted by the impaired health professional program
under ORS 676.190 to determine if any enrollees are no longer participating in
the impaired health professional program; and
(b)
Report to a health profession licensing board when:
(A)
The monitoring entity receives a report from the impaired health professional
program established under ORS 676.190 that a licensee is substantially
noncompliant with the licensee’s diversion agreement;
(B)
Comparison of the weekly lists submitted by the impaired health professional
program under ORS 676.190 shows that a licensee is no longer participating in
the impaired health professional program; and
(C)
The monitoring entity receives a report from the impaired health professional
program under ORS 676.190 that a licensee referred by the board has completed
the impaired health professional program.
(2)
The monitoring entity may not have any contact with a licensee and has no
discretion in deciding whether to make a report required under this section.
(3)
The weekly lists submitted by the impaired health professional program under
ORS 676.190 are exempt from disclosure under public records law.
(4)
If a licensee self-refers to the impaired health professional program, the
monitoring entity may not report the licensee’s enrollment or successful
completion of the impaired health professional program to the licensee’s board.
(5)
The authority shall arrange for an independent third party to audit the
monitoring entity to ensure compliance with program guidelines. The authority
shall report the results of the audit to the Legislative Assembly, the Governor
and the health profession licensing boards. The report may not contain
individually identifiable information about licensees.
(6)
The authority may adopt rules assessing fees to health profession licensing
boards participating in the program for the costs of administering the monitoring
entity. [2009 c.697 §1c; 2009 c.828 §74]
676.200 Board participation in program;
rules. (1)(a) A health profession licensing
board that is authorized by law to take disciplinary action against licensees
may adopt rules opting to participate in the impaired health professional
program established under ORS 676.190.
(b)
A board may only refer impaired professionals to the impaired health
professional program established under ORS 676.190 and may not establish the
board’s own impaired health professional program.
(c)
A board may adopt rules establishing additional requirements for licensees
referred to the impaired health professional program established under ORS
676.190.
(2)
If a board participates in the impaired health professional program, the board
shall establish by rule a procedure for referring licensees to the program. The
procedure must provide that, before the board refers a licensee to the program,
the board shall ensure that:
(a)
An independent third party approved by the board to evaluate alcohol or
substance abuse or mental health disorders has diagnosed the licensee with
alcohol or substance abuse or a mental health disorder and provided the
diagnosis and treatment options to the licensee and the board;
(b)
The board has investigated to determine whether the licensee’s professional
practice while impaired has presented or presents a danger to the public; and
(c)
The licensee has agreed to report any arrest for or conviction of a misdemeanor
or felony crime to the board within three business days after the licensee is
arrested or convicted.
(3)
A board that participates in the impaired health professional program shall
investigate reports received from the monitoring entity established under ORS
676.195. If the board finds that a licensee is substantially noncompliant with
a diversion agreement entered into under ORS 676.190, the board may suspend,
restrict, modify or revoke the licensee’s license or end the licensee’s
participation in the impaired health professional program.
(4)
A board may not discipline a licensee solely because the licensee:
(a)
Self-refers to or participates in the impaired health professional program;
(b)
Has been diagnosed with alcohol or substance abuse or a mental health disorder;
or
(c)
Used controlled substances before entry into the impaired health professional
program, if the licensee did not practice while impaired. [2009 c.697 §1a]
Note:
Section 23, chapter 697, Oregon Laws 2009, provides:
Sec. 23. (1)
Before the operative date specified in section 22, chapter 697, Oregon Laws
2009 [July 1, 2010], the Oregon Health Authority and the health profession
licensing boards that opt to participate in the impaired health professional
program established under section 1b, chapter 697, Oregon Laws 2009 [676.190],
shall collaborate to transfer existing impaired professional programs and
funding, and licensees who are subject to existing impaired professional
programs, to the impaired health professional program established under section
1b, chapter 697, Oregon Laws 2009.
(2)
When a licensee is transferred to the impaired health professional program
established under section 1b, chapter 697, Oregon Laws 2009, pursuant to
subsection (1) of this section, the program shall honor the terms of the
licensee’s existing diversion agreement if the terms of the agreement are
consistent with the requirements of section 1b, chapter 697, Oregon Laws 2009.
If the terms of the licensee’s existing diversion agreement are not consistent
with the requirements of section 1b, chapter 697, Oregon Laws 2009, the
diversion agreement entered into by the program and the licensee must comply
with section 1b, chapter 697, Oregon Laws 2009.
(3)
When a licensee who self-referred to an impaired professional program before
the effective date of chapter 697, Oregon Laws 2009 [July 14, 2009], is
transferred to the impaired health professional program established under
section 1b, chapter 697, Oregon Laws 2009, pursuant to subsection (1) of this
section:
(a)
The program may not disclose the licensee’s enrollment in the program to the
licensee’s board unless the licensee:
(A)
Ceases to participate in the program before completing the program; or
(B)
Engages in substantial noncompliance as described in section 1b (1)(f)(A) to
(H), chapter 697, Oregon Laws 2009.
(b)
The program may not disclose the licensee’s successful completion of the
program to the licensee’s board. [2009 c.697 §23; 2009 c.828 §77]
EFFECT OF EXPIRATION, LAPSE, SURRENDER,
SUSPENSION OR REVOCATION OF LICENSE
676.205 Continuing jurisdiction of boards;
effect of expiration, lapse, surrender, suspension or revocation of license.
(1) As used in this section:
(a)
“Health professional regulatory board” means the agencies listed in ORS 676.160
and the Oregon Health Licensing Agency created in ORS 676.605.
(b)
“License” means a license, registration, certification or other authorization
to engage in a profession.
(2)
A health professional regulatory board continues to have jurisdiction for
licensing, regulatory and disciplinary purposes related to acts and omissions
that occur while a person is licensed or required to be licensed, regardless of
any changes in the licensing status of the person.
(3)
A person who obtains, but is not required to obtain, a license to engage in a
profession regulated by a health professional regulatory board, and whose
license expires, lapses or is voluntarily surrendered while the person is under
investigation by the board, or whose license is suspended or revoked, may not
engage in that profession unless the person again obtains a license from the
relevant health professional regulatory board to engage in the profession.
(4)
Nothing in this section limits the jurisdictional, investigatory or other
authority otherwise provided by law to a health professional regulatory board. [2009
c.756 §2]
676.210 Practice of health care profession
after suspension or revocation of license prohibited.
No person whose license has been revoked or suspended by any board authorized
by the statutes of the State of Oregon to issue licenses to practice a health
care profession shall continue the practice of this profession after the order
or decision of the board suspending or revoking the license of the person has
been made. The license shall remain suspended or revoked until a final
determination of an appeal from the decision or order of the board has been
made by the court. [1953 c.592 §1; 1983 c.769 §4]
676.220 Enjoining health care professional
from practicing after suspension or revocation of license.
(1) If at any time the board suspending or revoking the license of any
licentiate of a health care profession determines that such licentiate is
continuing to practice the health care profession notwithstanding, the board
shall in its own name bring an action to enjoin such licentiate.
(2)
If the court shall find that the licentiate has been or is continuing the
practice of the health care profession for which the license has been revoked
or suspended it shall issue an injunction restraining the licentiate. The
commission of a single act constituting the practice of the respective health
care profession shall be prima facie evidence warranting the issuance of such
injunction. [1953 c.592 §2; 1979 c.284 §191; 1983 c.769 §5]
676.230 Injunction as cumulative remedy.
The remedy herein provided is cumulative and shall be without prejudice to any
other civil or criminal remedy. [1953 c.592 §3]
HEALTH CARE FACILITY REPORTING OF BLOOD
ALCOHOL LEVEL OR PRESENCE OF CONTROLLED SUBSTANCE
676.260 Health care facility notification
of blood alcohol level or presence of controlled substance in blood; content of
notice. (1) A health care facility that
provides medical care immediately after a motor vehicle accident to a person
reasonably believed to be the operator of a motor vehicle involved in the
accident shall notify any law enforcement officer who is at the health care
facility and is acting in an official capacity in relation to the motor vehicle
accident if the health care facility becomes aware, as a result of any blood
test performed in the course of that treatment, that:
(a)
The person’s blood alcohol level meets or exceeds the percent specified in ORS
813.010; or
(b)
The person’s blood contains a controlled substance, as defined in ORS 475.005.
(2)
If a health care facility is required to notify a law enforcement officer of
test results under subsection (1) of this section and no law enforcement
officer is present in an official capacity at the health care facility, the
health care facility shall notify a law enforcement agency in the county in
which the accident occurred, or an Oregon State Police dispatch center, as soon
as possible but no more than 72 hours after becoming aware of the results of
the blood test.
(3)
A notice required under this section must consist of:
(a)
The name of the person being treated;
(b)
The blood alcohol level and name and level of any controlled substance
disclosed by the test; and
(c)
The date and time of the administration of the test.
(4)
ORS 40.225 to 40.295 do not affect the requirement to provide notice imposed by
this section, and the health care facility shall not be considered to have
breached any duty under ORS 40.225 to 40.295 owed to the person about whom the
notice is made. [1995 c.546 §1; 2003 c.89 §2; 2007 c.662 §1; 2011 c.672 §1]
676.280 Immunity of person participating
in report pursuant to ORS 676.260. No action or
administrative proceeding shall be brought against anyone participating in good
faith in providing notice pursuant to ORS 676.260 and any person participating
in providing notice shall have immunity from any liability, civil or criminal,
and from any professional disciplinary action, that might otherwise be incurred
or imposed with respect to the notification or the content of the notice. Any
such participant shall have the same immunity with respect to participating in
any judicial proceeding resulting from the notice. [1995 c.546 §2; 2003 c.89 §3]
676.300 Authority of health care provider
to notify law enforcement agency that patient who is under influence of intoxicants
is about to drive vehicle; immunity. (1) If a
health care provider who is providing emergency medical care in a health care
facility to a person has reason to believe that the person is under the
influence of intoxicants and is about to drive a motor vehicle on a highway as
defined in ORS 801.305 or a premises open to the public as defined in ORS
801.400 and is a clear and present danger to society, the health care provider
may notify as soon as reasonably possible the law enforcement agency which has
jurisdiction over the health care facility site.
(2)
The notice shall consist of the name and physical description of the person
being treated and the fact that the health care provider believes the person is
intoxicated and is about to drive a motor vehicle as described in subsection
(1) of this section.
(3)
The health care provider may inform the person if the health care provider
intends to notify the law enforcement agency described in subsection (1) of
this section. The person’s consent is not required.
(4)
Anyone participating in good faith in the making of a report or not making a
report pursuant to subsections (1) to (3) of this section shall have immunity
from any liability, civil or criminal, that might otherwise be incurred or
imposed with respect to the making or the content of such report. Any such
participant shall have the same immunity with respect to participating in any
judicial proceeding resulting from such report. [Formerly 441.827]
MISCELLANEOUS
676.303 Purposes of health professional
regulatory boards; authority of boards to require fingerprints.
(1) As used in this section:
(a)
“Health professional regulatory board” means the agencies listed in ORS 676.160
and the Oregon Health Licensing Agency created in ORS 676.605.
(b)
“Impairment” means an inability to practice with reasonable competence and
safety due to the habitual or excessive use of drugs or alcohol, other chemical
dependency or a mental health condition.
(c)
“License” means a license, registration, certification or other authorization
to engage in a profession.
(d)
“Licensee” means a person licensed, registered, certified or otherwise
authorized by a health professional regulatory board to engage in a profession.
(2)
All health professional regulatory boards shall operate with the primary
purposes of promoting the quality of health services provided, protecting the
public health, safety and welfare by ensuring that licensees practice with
professional skill and safety and addressing impairment among licensees.
(3)
For the purpose of requesting a state or nationwide criminal records check
under ORS 181.534, a health professional regulatory board may require the
fingerprints of a licensee seeking renewal of a license, an applicant for a
license, a board employee or volunteer or an applicant for employment with the
board. [2009 c.756 §1]
676.306 Executive directors; reports;
rules. (1) As used in this section, “health
professional regulatory board” means a health professional regulatory board
described in ORS 676.160 other than the Oregon Health Authority with regard to
the licensure of emergency medical services providers.
(2)
Subject to applicable provisions of the State Personnel Relations Law and the
approval of the Governor, notwithstanding ORS 182.468, each health professional
regulatory board shall appoint an executive director and prescribe the duties
and fix the compensation of the executive director. The executive director
shall serve at the pleasure of the Governor under the direct supervision of the
appointing board. The board may request that the Governor remove the executive
director.
(3)
In addition to any other duties imposed by law or otherwise required of state
agencies, the executive director shall keep all records of the board and
discharge all duties prescribed by the board.
(4)
The executive director shall prepare periodic reports regarding the licensing,
monitoring and investigative activities of the board. The executive director
shall submit the reports to the board and the Governor. The Oregon Department
of Administrative Services, in consultation with the board, shall adopt rules
specifying requirements for the report content and processes for preparing and
submitting the reports. The rules may be consistent with performance management
measures and processes initiated by the department. The rules shall require
each board to undergo a peer review of board activities by a team of executive
directors of other health professional regulatory boards and at least one
public member. The department may assess the board for the cost of the peer
review. [2009 c.756 §4; 2011 c.703 §46; 2011 c.720 §214]
676.310 Fees for laboratory testing;
itemized billing; failure to comply considered unprofessional conduct.
(1) Any person authorized by law to order laboratory testing may charge a
reasonable fee for all laboratory and other specialized testing performed by
the practitioner or by a person in the practitioner’s employ. In addition, the
practitioner is entitled to charge a reasonable fee for collecting and
preparing specimens to be sent to independent persons or laboratories for
testing, and for the preparation of the billing to the patient for the test.
However, a practitioner shall not mark up, or charge a commission or make a
profit on services rendered by an independent person or laboratory.
(2)
A practitioner shall prepare an itemized billing, indicating the charges for
each service rendered to the patient. Any services rendered to the patient that
were performed by persons other than those in the direct employ of the
practitioner and the charges therefor shall be indicated separately on the
patient’s bill.
(3)
Failure to comply with the requirements of this section shall be considered to
be unprofessional conduct and may be subject to disciplinary action by the
appropriate licensing board.
(4)
As used in this section, “practitioner” means a person licensed to practice
medicine, dentistry, naturopathic medicine or chiropractic or to be a nurse
practitioner. [1979 c.428 §1]
676.330 Approved osteopathic residency
training and certification included as medical specialty certification.
Any health care entity, hospital, hospital medical staff, health care service
contractor, independent practice association, health insurance company or any
other entity that requires physicians to be certified or eligible for
certification in a medical specialty shall include residency training and
certification approved by the American Osteopathic Association and the American
Board of Medical Specialties. [1995 c.627 §1]
676.340 Limitations on liability of health
practitioners providing health care services without compensation;
requirements; exceptions; attorney fees; applicability.
(1) Notwithstanding any other provision of law, a health practitioner described
in subsection (7) of this section who has registered under ORS 676.345 and who
provides health care services without compensation is not liable for any
injury, death or other loss arising out of the provision of those services,
unless the injury, death or other loss results from the gross negligence of the
health practitioner.
(2)
A health practitioner may claim the limitation on liability provided by this
section only if the patient receiving health care services, or a person who has
authority under law to make health care decisions for the patient, signs a
statement that notifies the patient that the health care services are provided
without compensation and that the health practitioner may be held liable for
death, injury or other loss only to the extent provided by this section. The
statement required under this subsection must be signed before the health care
services are provided.
(3)
A health practitioner may claim the limitation on liability provided by this
section only if the health practitioner obtains the patient’s informed consent
for the health care services before providing the services, or receives the
informed consent of a person who has authority under law to make health care
decisions for the patient.
(4)
A health practitioner provides health care services without compensation for
the purposes of subsection (1) of this section even though the practitioner
requires payment of laboratory fees, testing services and other out-of-pocket
expenses.
(5)
A health practitioner provides health care services without compensation for
the purposes of subsection (1) of this section even though the practitioner
provides services at a health clinic that receives compensation from the
patient, as long as the health practitioner does not personally receive
compensation for the services.
(6)
In any civil action in which a health practitioner prevails based on the
limitation on liability provided by this section, the court shall award all
reasonable attorney fees incurred by the health practitioner in defending the
action.
(7)
This section applies only to:
(a)
A physician licensed under ORS 677.100 to 677.228;
(b)
A nurse licensed under ORS 678.040 to 678.101;
(c)
A nurse practitioner licensed under ORS 678.375 to 678.390;
(d)
A clinical nurse specialist certified under ORS 678.370 and 678.372;
(e)
A physician assistant licensed under ORS 677.505 to 677.525;
(f)
A dental hygienist licensed under ORS 680.010 to 680.205; and
(g)
A dentist licensed under ORS 679.060 to 679.180. [1999 c.771 §1; 1999 c.771 §3;
2005 c.462 §2]
676.345 Registration program for health
care professionals claiming liability limitation; program requirements.
(1) A health practitioner described in ORS 676.340 (7) may claim the liability
limitation provided by ORS 676.340 only if the health practitioner has
registered with a health professional regulatory board in the manner provided
by this section. Registration under this section must be made:
(a)
By a physician or physician assistant, with the Oregon Medical Board;
(b)
By a nurse, nurse practitioner or clinical nurse specialist, with the Oregon
State Board of Nursing; and
(c)
By a dentist or dental hygienist, with the Oregon Board of Dentistry.
(2)
The health professional regulatory boards listed in subsection (1) of this
section shall establish a registration program for the health practitioners who
provide health care services without compensation and who wish to be subject to
the liability limitation provided by ORS 676.340. All health practitioners
registering under the program must provide the health professional regulatory
board with:
(a)
A statement that the health practitioner will provide health care services to
patients without compensation, except for reimbursement for laboratory fees,
testing services and other out-of-pocket expenses;
(b)
A statement that the health practitioner will provide the notice required by
ORS 676.340 (2) in the manner provided by ORS 676.340 (2) before providing the
services; and
(c)
A statement that the health practitioner will only provide health care services
without compensation that are within the scope of the health practitioner’s
license.
(3)
Registration under this section must be made annually. The health professional
regulatory boards listed in subsection (1) of this section shall charge no fee
for registration under this section. [1999 c.771 §2; 1999 c.771 §4; 2005 c.462 §3]
676.350 Authority of health professional
regulatory boards to adopt rules permitting expedited partner therapy.
(1) As used in this section:
(a)
“Expedited partner therapy” means the practice of prescribing or dispensing
antibiotic drugs for the treatment of a sexually transmitted disease to the
partner of a patient without first examining the partner of the patient.
(b)
“Partner of a patient” means a person whom a patient diagnosed with a sexually
transmitted disease identifies as a sexual partner of the patient.
(c)
“Practitioner” has the meaning given that term in ORS 475.005.
(2)
A health professional regulatory board, as defined in ORS 676.160, may adopt
rules permitting practitioners to practice expedited partner therapy. If a
board adopts rules permitting practitioners to practice expedited partner
therapy, the board shall consult with the Oregon Health Authority to determine
which sexually transmitted diseases are appropriately addressed with expedited
partner therapy.
(3)
A prescription issued in the practice of expedited partner therapy authorized
by the rules of a board is valid even if the name of the patient for whom the
prescription is intended is not on the prescription.
(4)
The authority shall make available informational material about expedited
partner therapy that a practitioner may distribute to patients. [2009 c.522 §1;
2011 c.720 §215]
676.360 Pelvic examinations.
(1) A person may not knowingly perform a pelvic examination on a woman who is
anesthetized or unconscious in a hospital or medical clinic unless:
(a)
The woman or a person authorized to make health care decisions for the woman
has given specific informed consent to the examination;
(b)
The examination is necessary for diagnostic or treatment purposes; or
(c)
A court orders the performance of the examination for the collection of
evidence.
(2)
A person who violates subsection (1) of this section is subject to discipline
by any licensing board that licenses the person. [2011 c.200 §1]
676.400 Racial and ethnic composition of
regulated health professions; findings; duties of health professional
regulatory boards. (1) It is the intention of the
Legislative Assembly to achieve the goal of universal access to adequate levels
of high quality health care at an affordable cost for all Oregonians,
regardless of ethnic or cultural background.
(2)
The Legislative Assembly finds that:
(a)
Access to health care is of value when it leads to treatment that substantially
improves health outcomes;
(b)
Health care is most effective when it accounts for the contribution of culture
to health status and health outcomes;
(c)
Ethnic and racial minorities experience more than their statistically fair share
of undesirable health outcomes;
(d)
The lack of licensed health care professionals from ethnic and racial
minorities or who are bilingual contributes to the inadequacy of health
outcomes in communities of color in this state; and
(e)
The development of a partnership between health professional regulatory boards
and communities of color to increase the representation of people of color and
bilingual people in health care professions has significant potential to
improve the health outcomes of people of color and bilingual citizens of this
state.
(3)
Health professional regulatory boards shall establish programs to increase the
representation of people of color and bilingual people on the boards and in the
professions that they regulate. Such programs must include activities to
promote the education, recruitment and professional practice of members of
these targeted populations in Oregon.
(4)
Each health professional regulatory board shall maintain records of the racial
and ethnic makeup of applicants and professionals regulated by the board. Such
information shall be requested from applicants and the professionals regulated
who shall be informed in writing that the provision of such information is
voluntary and not required.
(5)
Each health professional regulatory board shall report biennially to the
Legislative Assembly in the manner required by ORS 192.245. The report shall
contain:
(a)
Data detailing the efforts of the board to comply with the requirements of
subsection (3) of this section; and
(b)
Data collected under subsection (4) of this section documenting the ethnic and
racial makeup of the applicants and of the professionals regulated by the
board.
(6)
For purposes of this section, “health professional regulatory board” has the
meaning given that term in ORS 676.160. [2001 c.973 §1]
676.405 Release of personal information.
(1) As used in this section, “health professional regulatory board” means the
agencies listed in ORS 676.160 and the Oregon Health Licensing Agency created
in ORS 676.605.
(2)
Notwithstanding ORS 192.410 to 192.505, a health professional regulatory board
may, at its discretion, release or withhold the personal electronic mail
address, home address and personal telephone number for a person licensed,
registered or certified by the board. If the personal electronic mail address,
home address or personal telephone number is requested for a public health or
state health planning purpose, the board shall release the information. [2009
c.756 §3]
676.410 Information required for issuance
or renewal of certain licenses; confidentiality; fees.
(1) As used in this section, “healthcare workforce regulatory board” means the:
(a)
Occupational Therapy Licensing Board;
(b)
Oregon Medical Board;
(c)
Oregon State Board of Nursing;
(d)
Oregon Board of Dentistry;
(e)
Physical Therapist Licensing Board;
(f)
State Board of Pharmacy; and
(g)
Board of Licensed Dietitians.
(2)(a)
An applicant for a license from a healthcare workforce regulatory board or
renewal of a license by a healthcare workforce regulatory board shall provide
the information prescribed by the Office for Oregon Health Policy and Research
pursuant to subsection (3) of this section.
(b)
Except as provided in subsection (4) of this section, a healthcare workforce
regulatory board may not approve a subsequent application for a license or
renewal of a license until the applicant provides the information.
(3)
The Administrator for the Office for Oregon Health Policy and Research shall
collaborate with the healthcare workforce regulatory boards to adopt rules for
the manner, form and content for reporting, and the information that must be
provided to a healthcare workforce regulatory board under subsection (2) of
this section, which may include:
(a)
Demographics, including race and ethnicity.
(b)
Education information.
(c)
License information.
(d)
Employment information.
(e)
Primary and secondary practice information.
(f)
Anticipated changes in the practice.
(g)
Languages spoken.
(4)(a)
A healthcare workforce regulatory board shall report healthcare workforce
information collected under subsection (2) of this section to the Office for
Oregon Health Policy and Research.
(b)
A healthcare workforce regulatory board shall keep confidential and not release
personally identifiable data collected under this section for a person
licensed, registered or certified by a board. This paragraph does not apply to
the release of information to a law enforcement agency for investigative
purposes or to the release to the Office for Oregon Health Policy and Research
for state health planning purposes.
(5)
The requirements of subsection (2) of this section apply to an applicant for
issuance or renewal of a license who is or who is applying to become:
(a)
An occupational therapist or certified occupational therapy assistant as
defined in ORS 675.210;
(b)
A physician as defined in ORS 677.010;
(c)
A physician assistant as defined in ORS 677.495;
(d)
A nurse or nursing assistant licensed or certified under ORS 678.010 to
678.410;
(e)
A dentist or dental hygienist as defined in ORS 679.010;
(f)
A physical therapist or physical therapist assistant as defined in ORS 688.010;
(g)
A pharmacist or pharmacy technician as defined in ORS 689.005; or
(h)
A licensed dietitian, as defined in ORS 691.405.
(6)
A healthcare workforce regulatory board may adopt rules as necessary to perform
the board’s duties under this section.
(7)
In addition to licensing fees that may be imposed by a healthcare workforce
regulatory board, the Oregon Health Policy Board shall establish fees to be
paid by applicants for issuance or renewal of licenses reasonably calculated to
reimburse the actual cost of obtaining or reporting information as required by
subsection (2) of this section. [2009 c.595 §1175; 2011 c.630 §23]
676.440 Duty of health professional
regulatory boards to encourage multidisciplinary pain management services.
(1) Health professional regulatory boards shall encourage the development of
state-of-the-art multidisciplinary pain management services and the
availability of these services to the public.
(2)
As used in subsection (1) of this section, “health professional regulatory
boards” means the:
(a)
Oregon Medical Board;
(b)
Oregon Board of Naturopathic Medicine;
(c)
Oregon Board of Dentistry;
(d)
Oregon State Board of Nursing;
(e)
Physical Therapist Licensing Board;
(f)
State Board of Chiropractic Examiners;
(g)
State Board of Pharmacy; and
(h)
State Board of Psychologist Examiners. [2003 c.325 §1; 2009 c.43 §10]
Note:
Sections 1 and 2, chapter 425, Oregon Laws 2011, provide:
Sec. 1. Task Force on Oregon Curriculum
and Training Standards for Performing Clinical Breast Examinations.
(1) The Task Force on Oregon Curriculum and Training Standards for Performing
Clinical Breast Examinations is established. The Governor shall appoint nine
members to the task force as follows:
(a)
One representative of a statewide association of physicians;
(b)
One representative of a statewide association of nurses;
(c)
One representative of a statewide association of family physicians;
(d)
One representative of a statewide association of physician assistants;
(e)
One representative of a statewide association of nurse practitioners;
(f)
One representative of hospitals in this state;
(g)
One representative of a national organization relating to breast cancer;
(h)
One breast cancer survivor; and
(i)
One person who is an expert in breast cancer screening, including clinical
breast examinations.
(2)
The task force shall:
(a)
Investigate ways to decrease the number of delayed breast cancer diagnoses in
Oregon;
(b)
Review existing clinical breast examination curricula and training standards at
medical schools and hospitals in this state;
(c)
Review existing clinical breast examination curricula and training standards
for health care providers in this state;
(d)
Identify deficiencies in increasing awareness about the need for health care
provider training that reflects evolving best practices for breast cancer
screening;
(e)
Explore whether this state should adopt a standardized clinical breast
examination protocol; and
(f)
Explore whether this state should require clinical breast examination providers
to follow a standardized clinical breast examination protocol.
(3)
A majority of the members of the task force constitutes a quorum for the
transaction of business.
(4)
Official action by the task force requires the approval of a majority of the
members of the task force.
(5)
The task force shall elect one of its members to serve as chairperson.
(6)
If there is a vacancy for any cause, the Governor shall make an appointment to
become immediately effective.
(7)
The task force shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the task force.
(8)
The task force may adopt rules necessary for the operation of the task force.
(9)
The task force shall submit a report, and may include recommendations for
legislation, to the Legislative Assembly as provided in ORS 192.245 or to an
interim committee of the Legislative Assembly related to health care no later
than the date of the convening of the 2013 regular session of the Legislative
Assembly as specified in ORS 171.010 [February 4, 2013].
(10)
The task force may accept gifts, grants or contributions from public or private
source for the purpose of carrying out the duties of the task force.
(11)
Members of the task force are not entitled to compensation or reimbursement for
expenses and serve as volunteers on the task force.
(12)
All agencies of state government, as defined in ORS 174.111, are directed to
assist the task force in the performance of its duties and, to the extent
permitted by laws relating to confidentiality, to furnish such information and
advice as the members of the task force consider necessary to perform their
duties. [2011 c.425 §1]
Sec. 2.
Section 1 of this 2011 Act is repealed on the date of the convening of the 2014
regular session of the Legislative Assembly as specified in ORS 171.010
[February 3, 2014]. [2011 c.425 §2]
SUBSIDIES FOR MEDICAL PROFESSIONAL LIABILITY
INSURANCE
676.550 Subsidies for medical professional
liability insurance; rules. (1) As used in this section:
(a)
“Medical assistance” has the meaning given that term in ORS 414.025.
(b)
“Medicare” means medical coverage provided under Title XVIII of the Social
Security Act.
(c)(A)
“Practitioner” means a physician licensed under ORS chapter 677 or a nurse
practitioner certified under ORS 678.375 who has a rural practice that meets
criteria established by the Office of Rural Health that applied as of January
1, 2004, for the purposes of ORS 315.613.
(B)
“Practitioner” does not include a physician or nurse practitioner who is
located in an urbanized area of Jackson County, as defined by the United States
Census Bureau according to the most recent federal decennial census taken
pursuant to the authority of the United States Department of Commerce under 13
U.S.C. 141(a), unless the practitioner is:
(i)
A physician who specializes in obstetrics or who specializes in family or general
practice and provides obstetrical services; or
(ii)
A nurse practitioner who is certified for obstetric care.
(2)
The Oregon Health Authority shall establish a program to provide payments to
medical professional liability insurance insurers to subsidize the cost of
premiums charged by the insurers to practitioners described in subsection (3)
of this section.
(3)
A practitioner is eligible for a subsidy under this section if the
practitioner:
(a)
Holds an active, unrestricted license or certification;
(b)
Is covered by a medical professional liability insurance policy issued by an
authorized insurer with minimum limits of coverage of $1 million per occurrence
and $1 million annual aggregate; and
(c)
Except for a nurse practitioner participating in the program who is employed by
a licensed physician, is willing to serve patients with Medicare coverage and
patients receiving medical assistance in at least the same proportion to the
practitioner’s total number of patients as the Medicare and medical assistance
populations represent of the total number of individuals determined by the
Office of Rural Health to be in need of care in the areas served by the
practice.
(4)
A practitioner whose medical professional liability insurance coverage is
provided through a health care facility, as defined in ORS 442.400, and who
otherwise meets the requirements of subsection (3) of this section is eligible
for a subsidy if the office determines that the practitioner:
(a)
Is not an employee of the health care facility;
(b)
Is covered by a medical professional liability insurance policy that names the
practitioner and separately calculates the premium for the practitioner; and
(c)
Fully reimburses the health care facility for the premium calculated for the
practitioner.
(5)
The Oregon Health Authority shall contract with the Office of Rural Health to
establish by rule criteria and procedures for an annual attestation by
participating practitioners of compliance with the requirements of subsection
(3)(c) of this section. [2011 c.560 §1]
676.552 Amount of subsidy.
(1)(a) The amount of the subsidy paid by the Oregon Health Authority under ORS
676.550 shall be a percentage of the actual premium charged for medical
professional liability insurance with limits of coverage of $1 million per
occurrence and up to $3 million annual aggregate. However, the premium subsidy
for a practitioner referred to in paragraph (b)(C) or (D) of this subsection
shall be the lesser of the percentage of the premium due or paid for the current
calendar year and the premium paid in the previous calendar year. When
determining the lesser amount under this paragraph, any step increases in the
premium owing to the claims-made nature of the policy may not be considered.
(b)
The subsidy paid by the Oregon Health Authority under ORS 676.550 shall be:
(A)
Eighty percent for physicians specializing in obstetrics and nurse
practitioners certified for obstetric care;
(B)
Sixty percent for physicians specializing in family or general practice who
provide obstetrical services;
(C)
Forty percent for physicians and nurse practitioners engaging in one or more of
the following practices:
(i)
Family practice without obstetrical services;
(ii)
General practice without obstetrical services;
(iii)
Internal medicine;
(iv)
Geriatrics;
(v)
Pulmonary medicine;
(vi)
Pediatrics;
(vii)
General surgery; and
(viii)
Anesthesiology; and
(D)
Fifteen percent for physicians and nurse practitioners other than those
included in subparagraphs (A) to (C) of this paragraph.
(2)
If the funds available for the subsidy program are insufficient to provide the
maximum premium subsidy for all practitioners who qualify for the program, the
authority shall reduce or eliminate subsidies for practitioners described in
subsection (1)(b)(D) of this section. If, after eliminating subsidies for
practitioners described in subsection (1)(b)(D) of this section, the funds are
insufficient to provide the maximum premium subsidies for the remaining
practitioners, the authority shall also reduce or eliminate the subsidies for
practitioners described in subsection (1)(b)(C) of this section.
(3)
An insurer shall reduce the premium charged to a practitioner by the amount of
any premium subsidy paid or to be paid under this section and ORS 676.550. [2011
c.560 §2]
676.554 Report to legislature.
On or before January 31 of each odd-numbered year, the Director of the Oregon
Health Authority shall report in the manner provided by ORS 192.245 to the
Legislative Assembly on the performance of the program established under ORS
676.550. [2011 c.560 §6]
676.556 Rural Medical Liability Subsidy
Fund. (1) The Rural Medical Liability Subsidy
Fund is established in the State Treasury separate and distinct from the
General Fund. The Rural Medical Liability Subsidy Fund is established for the
purpose of providing payments under the subsidy program established under ORS
676.550. Interest earned by the Rural Medical Liability Subsidy Fund shall be
credited to the fund. All moneys in the fund are continuously appropriated to
the Oregon Health Authority.
(2)
All moneys received by the Oregon Health Authority for the purposes of the
subsidy program established in ORS 676.550 shall be deposited to the Rural
Medical Liability Subsidy Fund.
(3)
All payments authorized to be made by the authority under the subsidy program
established under ORS 676.550 shall be made from the Rural Medical Liability
Subsidy Fund. [2011 c.560 §3]
OREGON HEALTH LICENSING AGENCY
676.600 [1999
c.885 §1; repealed by 2005 c.648 §121]
676.605 Purpose of Oregon Health Licensing
Agency. (1) To provide for the more effective
coordination of administrative and regulatory functions of certain health
boards, councils and programs involved in protecting the public through the
licensing and regulation of health-related professions and occupations
practiced in this state under uniform mission and goals, there is hereby
created the Oregon Health Licensing Agency.
(2)
The mission of the agency is to serve the public by providing a uniform
structure and accountability for the boards, councils and programs under its
administration to protect the public from harm. The agency’s focus is to:
(a)
Promote effective health policy that protects the public from incompetent or
unauthorized individuals and allows consumers to select a provider from a range
of safe options.
(b)
Provide outreach and training to stakeholders to improve compliance with public
health and safety standards, and to involve stakeholders in the regulation of
the various disciplines and fields of practice.
(c)
Form partnerships and work in collaboration with each constituency, local and
state governmental agencies, educators, organizations and other affected
entities to encourage diverse opinions and perspectives.
(d)
Provide the boards, councils and programs with a standardized administrative
forum and procedures for operation, fiscal services, licensing, enforcement and
complaint resolution.
(e)
Resolve disputes between regulatory entities regarding the scope of practice of
persons licensed by those entities. [1999 c.885 §2; 2001 c.54 §1; 2005 c.648 §1]
676.606 Oversight and centralized service
by agency. Pursuant to ORS 676.607, the Oregon
Health Licensing Agency shall provide administrative and regulatory oversight
and centralized service for the following boards, advisory councils and
programs:
(1)
Board of Athletic Trainers, as provided in ORS 688.701 to 688.734;
(2)
Board of Cosmetology, as provided in ORS 690.005 to 690.235;
(3)
State Board of Denture Technology, as provided in ORS 680.500 to 680.565;
(4)
State Board of Direct Entry Midwifery, as provided in ORS 687.405 to 687.495;
(5)
Respiratory Therapist and Polysomnographic Technologist Licensing Board, as
provided in ORS 688.800 to 688.840;
(6)
Environmental Health Registration Board, as provided in ORS chapter 700;
(7)
Board of Body Art Practitioners, as provided in ORS 690.350 to 690.415;
(8)
Advisory Council on Hearing Aids, as provided in ORS 694.015 to 694.185;
(9)
Sex Offender Treatment Board, as provided in ORS 675.360 to 675.410;
(10)
Nursing Home Administrators Board, as provided in ORS 678.710 to 678.820; and
(11)
Board of Licensed Dietitians, as provided in ORS 691.405 to 691.485. [2003
c.547 §6; 2005 c.648 §2; 2007 c.841 §13; 2009 c.701 §8; 2009 c.768 §27; 2011 c.346
§24; 2011 c.630 §14; 2011 c.715 §20]
676.607 Agency responsibilities;
enumeration of powers not exclusive; rules. (1)
The Oregon Health Licensing Agency is responsible for the administration and
regulatory oversight of the boards, councils and programs listed in ORS
676.606. The responsibilities of the agency include, but are not limited to:
(a)
Budgeting;
(b)
Record keeping;
(c)
Staffing;
(d)
Contracting;
(e)
Consumer protection and investigating complaints;
(f)
Approving and collecting fees;
(g)
Establishing and administering uniform application processes for the issuance
of certificates, licenses, permits and registrations;
(h)
Issuing and renewing certificates, licenses, permits and registrations;
(i)
Conditioning, limiting, suspending, revoking or refusing to issue or renew a
certificate, license, permit or registration or otherwise disciplining
applicants, certificate holders, licensees, permit holders and registration
holders;
(j)
Sanctioning any examination service provider, interpreter or proctor who is
under contract or agreement with the agency and who compromises the security,
confidentiality or integrity of examinations developed or conducted pursuant to
the statutory authority of the boards and councils listed in ORS 676.606;
(k)
Enforcing all administrative rules adopted under any statute the agency is
charged with enforcing, including board, council and program administrative
rules establishing professional code of conduct and practice standards,
continuing education requirements, the scope of professional practice and
requirements for obtaining informed consent before providing certain services
or performing any procedure on clients;
(L)
Preparing, tracking and reporting agency performance measures;
(m)
Implementing regulatory streamlining initiatives to reduce regulatory burdens
without compromising regulatory standards;
(n)
Preparing and circulating printed and electronic materials for educating or
otherwise assisting applicants, certificate holders, licensees, permit holders
and registration holders and the public;
(o)
Adopting rules for the issuance of waivers or provisional authorizations to
practice, and establishing special conditions of practice, during a state of
emergency declared by the Governor under ORS 401.165;
(p)
Referring impaired practitioners to a diversion program approved or recognized
by the agency and establishing criteria by rule for monitoring the impaired
practitioner’s progress and successful completion of the program; and
(q)
Establishing requirements for additional education, training or supervised
experience to achieve compliance with the laws and rules governing professional
practice.
(2)
The enumeration of duties, functions and powers in subsection (1) of this
section is not intended to be exclusive or to limit the duties, functions and
powers imposed on or vested in the agency by other statutes. [1999 c.885 §3;
2005 c.648 §3; 2009 c.701 §9]
676.608 Investigative authority; conduct
of investigation. (1) As used in this section:
(a)
“Holder” means a person who holds a certificate, license, permit or
registration to practice issued by the Oregon Health Licensing Agency.
(b)
“Public entity” has the meaning given that term in ORS 676.177.
(2)(a)
The agency shall carry out all investigatory duties.
(b)
Upon its own motion, the agency may initiate and conduct investigations of
matters relating to the practice of occupations or professions subject to the
authority of the boards, councils and programs listed in ORS 676.606.
(c)
When the agency receives a complaint by any person against a holder, the agency
shall investigate the complaint as provided in ORS 676.165.
(3)
While conducting an investigation authorized under subsection (2) of this
section or a hearing related to an investigation, the agency may:
(a)
Take evidence;
(b)
Administer oaths;
(c)
Take the depositions of witnesses, including the person charged;
(d)
Compel the appearance of witnesses, including the person charged;
(e)
Require answers to interrogatories;
(f)
Compel the production of books, papers, accounts, documents and testimony
pertaining to the matter under investigation; and
(g)
Conduct criminal and civil background checks to determine conviction of a crime
that bears a demonstrable relationship to the field of practice.
(4)
In exercising its authority under this section, the agency may issue subpoenas
over the signature of the Director of the Oregon Health Licensing Agency or
designated employee thereof and in the name of the State of Oregon.
(5)
If a person fails to comply with a subpoena issued under this section, the
judge of the Circuit Court for Marion County may compel obedience by initiating
proceedings for contempt as in the case of disobedience of the requirements of
a subpoena issued from the court.
(6)
If necessary, the director, or an employee designated by the director, may
appear before a magistrate empowered to issue warrants in criminal cases to
request that the magistrate issue a warrant. The magistrate shall issue a
warrant, directing it to any sheriff or deputy or police officer, to enter the
described property, to remove any person or obstacle, to defend any threatened
violence to the director or a designee of the director or an officer, upon
entering private property, or to assist the director in enforcing the agency’s
authority in any way.
(7)
In all investigations and hearings, the agency and any person affected thereby
may have the benefit of counsel.
(8)
If a holder who is the subject of a complaint or an investigation is to appear
before the agency, the agency shall provide the holder with a current summary
of the complaint or the matter being investigated not less than 10 days before
the date that the holder is to appear. At the time the summary of the complaint
or the matter being investigated is provided, the agency shall provide the
holder with a current summary of documents or alleged facts that the agency has
acquired as a result of the investigation. The name of the complainant may be
withheld from the holder.
(9)
A holder who is the subject of an investigation, and any person acting on
behalf of the holder, may not contact the complainant until the holder has
requested a contested case hearing and the agency has authorized the taking of
the complainant’s deposition pursuant to ORS 183.425.
(10)
Except in an investigation or proceeding conducted by the agency or another
public entity, or in an action, suit or proceeding in which a public entity is
a party, a holder may not be questioned or examined regarding any communication
with the agency made in an appearance before the agency as part of an
investigation.
(11)
This section does not prohibit examination or questioning of a holder regarding
records about the holder’s care and treatment of a patient or affect the
admissibility of those records. [2003 c.547 §1; 2005 c.648 §4; 2009 c.701 §10;
2009 c.756 §§5a,92]
676.609 Disclosure of records.
(1) If the Oregon Health Licensing Agency intends to disclose a record pursuant
to ORS 676.608, the agency shall:
(a)
Send a notice of the intended disclosure to the person who is the subject of a
complaint or an investigation by first class mail at least 14 days before the
disclosure date; and
(b)
Describe in the notice the type of record being disclosed in sufficient detail
to allow the person who is the subject of a complaint or an investigation to
understand the contents of the record that the agency intends to disclose.
(2)
The agency shall disclose information obtained as part of an investigation of a
person charged if another person requesting the information demonstrates by
clear and convincing evidence that the public interest in disclosure outweighs
other interests in nondisclosure, including but not limited to the public
interest in nondisclosure. [2009 c.701 §2]
676.610 Director; appointment and
qualifications; responsibilities; duties. (1)(a)
The Oregon Health Licensing Agency is under the supervision and control of a
director, who is responsible for the performance of the duties, functions and
powers and for the organization of the agency.
(b)
The Director of the Oregon Department of Administrative Services shall
establish the qualifications for and appoint the Director of the Oregon Health
Licensing Agency, who holds office at the pleasure of the Director of the
Oregon Department of Administrative Services.
(c)
The Director of the Oregon Health Licensing Agency shall receive a salary as
provided by law or, if not so provided, as prescribed by the Director of the
Oregon Department of Administrative Services.
(d)
The Director of the Oregon Health Licensing Agency is in the unclassified
service.
(2)
The Director of the Oregon Health Licensing Agency shall provide the boards,
councils and programs administered by the agency with such services and
employees as the agency requires to carry out the agency’s duties. Subject to
any applicable provisions of the State Personnel Relations Law, the Director of
the Oregon Health Licensing Agency shall appoint all subordinate officers and
employees of the agency, prescribe their duties and fix their compensation.
(3)
The Director of the Oregon Health Licensing Agency is responsible for carrying
out the duties, functions and powers under ORS 675.360 to 675.410, 676.605 to
676.625, 676.992, 678.710 to 678.820, 680.500 to 680.565, 687.405 to 687.495, 687.895,
688.701 to 688.734, 688.800 to 688.840, 690.005 to 690.235, 690.350 to 690.415,
691.405 to 691.485 and 694.015 to 694.185 and ORS chapter 700.
(4)
The enumeration of duties, functions and powers in subsection (3) of this
section is not intended to be exclusive or to limit the duties, functions and
powers imposed on or vested in the Oregon Health Licensing Agency by other
statutes. [1999 c.885 §6; 2001 c.324 §1; 2005 c.648 §5; 2007 c.841 §14; 2009
c.701 §11; 2009 c.768 §28; 2011 c.346 §25; 2011 c.630 §15]
676.611 Duty of director to keep records
and prepare reports; peer review of agency activities; rules.
(1) In addition to any other duties imposed by law or otherwise required of
state agencies, the Director of the Oregon Health Licensing Agency shall keep
all records of the agency and discharge all duties prescribed by the agency.
(2)
The director shall prepare periodic reports regarding the licensing, monitoring
and investigative activities of the agency. The director shall submit the
reports to the Governor. The Oregon Department of Administrative Services, in
consultation with the agency, shall adopt rules specifying requirements for the
report content and processes for preparing and submitting the reports. The
rules may be consistent with performance management measures and processes
initiated by the department. The rules shall require the agency to undergo a
peer review of agency activities by a team of executive directors of health
professional regulatory boards, as defined in ORS 676.160, and at least one
public member of a health professional regulatory board. The department may
assess the agency for the cost of the peer review. [2009 c.756 §5c]
676.612 Disciplinary authority; authority
of agency to require fingerprints. (1) In the
manner prescribed in ORS chapter 183 for contested cases and as specified in
ORS 675.385, 678.780, 680.535, 687.445, 688.734, 688.836, 690.167, 690.407,
691.477, 694.147 and 700.111, the Oregon Health Licensing Agency may refuse to
issue or renew, may suspend or revoke or may otherwise condition or limit a
certificate, license, permit or registration to practice issued by the agency
or may discipline or place on probation a holder of a certificate, license,
permit or registration for commission of the prohibited acts listed in
subsection (2) of this section.
(2)
A person subject to the authority of a board, council or program listed in ORS
676.606 commits a prohibited act if the person engages in:
(a)
Fraud, misrepresentation, concealment of material facts or deception in
applying for or obtaining an authorization to practice in this state, or in any
written or oral communication to the agency concerning the issuance or
retention of the authorization.
(b)
Using, causing or promoting the use of any advertising matter, promotional
literature, testimonial, guarantee, warranty, label, insignia or any other
representation, however disseminated or published, that is false, misleading or
deceptive.
(c)
Making a representation that the certificate, license, permit or registration
holder knew or should have known is false or misleading regarding skill or the
efficacy or value of treatment or remedy administered by the holder.
(d)
Practicing under a false, misleading or deceptive name, or impersonating
another certificate, license, permit or registration holder.
(e)
Permitting a person other than the certificate, license, permit or registration
holder to use the certificate, license, permit or registration.
(f)
Practicing with a physical or mental condition that presents an unreasonable
risk of harm to the holder of a certificate, license, permit or registration or
to the person or property of others in the course of performing the holder’s
duties.
(g)
Practicing while under the influence of alcohol, controlled substances or other
skill-impairing substances, or engaging in the illegal use of controlled
substances or other skill-impairing substances so as to create a risk of harm
to the person or property of others in the course of performing the duties of a
holder of a certificate, license, permit or registration.
(h)
Failing to properly and reasonably accept responsibility for the actions of
employees.
(i)
Employing, directly or indirectly, any suspended, uncertified, unlicensed or
unregistered person to practice a regulated occupation or profession subject to
the authority of the boards, councils and programs listed in ORS 676.606.
(j)
Unprofessional conduct, negligence, incompetence, repeated violations or any
departure from or failure to conform to standards of practice in performing
services or practicing in a regulated occupation or profession subject to the
authority of the boards, councils and programs listed under ORS 676.606.
(k)
Conviction of any criminal offense, subject to ORS 670.280. A copy of the
record of conviction, certified by the clerk of the court entering the
conviction, is conclusive evidence of the conviction. A plea of no contest or
an admission of guilt shall be considered a conviction for purposes of this
paragraph.
(L)
Failing to report any adverse action, as required by statute or rule, taken
against the certificate, license, permit or registration holder by another
regulatory jurisdiction or any peer review body, health care institution,
professional association, governmental agency, law enforcement agency or court
for acts or conduct similar to acts or conduct that would constitute grounds
for disciplinary action as described in this section.
(m)
Violation of a statute regulating an occupation or profession subject to the
authority of the boards, councils and programs listed in ORS 676.606.
(n)
Violation of any rule regulating an occupation or profession subject to the
authority of the boards, councils and programs listed in ORS 676.606.
(o)
Failing to cooperate with the agency in any investigation, inspection or
request for information.
(p)
Selling or fraudulently obtaining or furnishing any certificate, license,
permit or registration to practice in a regulated occupation or profession
subject to the authority of the boards, councils and programs listed in ORS
676.606, or aiding or abetting such an act.
(q)
Selling or fraudulently obtaining or furnishing any record related to practice
in a regulated occupation or profession subject to the authority of the boards,
councils and programs listed in ORS 676.606, or aiding or abetting such an act.
(r)
Failing to pay an outstanding civil penalty or fee that is due or failing to
meet the terms of any order issued by the agency that has become final.
(3)
For the purpose of requesting a state or nationwide criminal records check
under ORS 181.534, the agency may require the fingerprints of a person who is:
(a)
Applying for a certificate, license, permit or registration that is issued by
the agency;
(b)
Applying for renewal of a certificate, license, permit or registration that is
issued by the agency; or
(c)
Under investigation by the agency.
(4)
If the agency places a holder of a certificate, license, permit or registration
on probation under subsection (1) of this section, the agency, in consultation
with the appropriate board, council or program, may determine and at any time
modify the conditions of the probation.
(5)
If a certificate, license, permit or registration is suspended, the holder may
not practice during the term of suspension. Upon the expiration of the term of
suspension, the certificate, license, permit or registration may be reinstated
by the agency if the conditions of suspension no longer exist and the holder
has satisfied all requirements in the relevant statutes or administrative rules
for issuance, renewal or reinstatement. [2003 c.547 §3; 2005 c.648 §6; 2005
c.730 §66; 2007 c.841 §15; 2009 c.701 §12; 2009 c.768 §29; 2011 c.346 §26; 2011
c.630 §16]
676.613 Injunctions.
(1) In addition to all other remedies, when it appears to the Oregon Health
Licensing Agency that a person is engaged in, has engaged in or is about to
engage in any act, practice or transaction that violates any provision of ORS
675.360 to 675.410, 676.617, 678.710 to 678.820, 680.500 to 680.565, 687.405 to
687.495, 688.701 to 688.734, 688.800 to 688.840, 690.005 to 690.235, 690.350 to
690.415, 691.405 to 691.485 or 694.015 to 694.185 or ORS chapter 700, the
agency may, through the Attorney General or the district attorney of the county
in which the act, practice or transaction occurs or will occur, apply to the
court for an injunction restraining the person from the act, practice or
transaction.
(2)
A court may issue an injunction under this section without proof of actual
damages. An injunction issued under this section does not relieve a person from
any other prosecution or enforcement action taken for violation of statutes
listed in subsection (1) of this section. [2003 c.547 §5; 2005 c.648 §7; 2007
c.841 §16; 2009 c.768 §30; 2011 c.346 §27; 2011 c.630 §17]
676.615 Rulemaking authority.
(1) In accordance with applicable provisions of ORS chapter 183, the Director
of the Oregon Health Licensing Agency may adopt rules necessary for the
administration of the laws that the Oregon Health Licensing Agency is charged
with administering.
(2)
In accordance with applicable provisions of ORS chapter 183, the director may
adopt rules necessary for the administration of ORS 676.605 to 676.625 and
676.992.
(3)
The agency may adopt rules establishing requirements for placement of a
certificate, license, permit or registration issued by the agency in a dormant
status upon application by the holder and establishing conditions for
reactivation of the certificate, license, permit or registration.
(4)
Pursuant to ORS 676.605 and 676.607, the agency may adopt rules to recognize
specialties within a regulated field of practice subject to the authority of
the boards, councils or programs listed in ORS 676.606 and may establish
requirements for education, experience, examinations and supervision as
necessary to ensure public safety and competency within the specialty. [1999
c.885 §7; 2005 c.648 §8; 2009 c.701 §13]
676.617 Single facility license; rules;
fees. (1) As used in this section, “single
facility license” means a license to provide services in a single location in
more than one of the following fields of practice:
(a)
Barbering, esthetics, hair design or nail technology, as provided in ORS
690.005 to 690.235; and
(b)
Electrolysis, tattooing, body piercing, dermal implanting or scarification as
provided in ORS 690.350 to 690.415.
(2)
The Oregon Health Licensing Agency may issue a single facility license to an
applicant that:
(a)
Owns the facility to be licensed;
(b)
If a natural person, is at least 18 years of age or, if an entity other than a
natural person, is formed and operated in accordance with Oregon law;
(c)
Has paid all required fees, as determined by the agency; and
(d)
Has filed an application in the form and manner required by the agency.
(3)(a)
A single facility license expires annually, unless otherwise specified by rule
adopted by the agency, on a date determined by the agency.
(b)
A single facility license may be renewed by submitting, prior to the expiration
date of the license, the required renewal fees and a renewal application in the
form and manner prescribed by the agency.
(c)
The agency may impose a delinquency fee or require a new application for the
failure to renew a single facility license prior to the date on which it
expires.
(4)
The agency shall establish by rule and collect fees associated with single
facility licenses. Fees shall be established for:
(a)
Application;
(b)
Original license;
(c)
License renewal;
(d)
Delinquent renewal;
(e)
Replacement license; and
(f)
Compiling, photocopying, preparing and delivering copies of documents and
records.
(5)
All moneys received by the agency under this section shall be paid into the
General Fund of the State Treasury and credited to the Oregon Health Licensing
Agency Account, and are appropriated continuously to and shall be used by the
agency as authorized by ORS 676.625.
(6)
A single facility license holder shall ensure that the:
(a)
Single facility license is displayed in public view where services are being
rendered; and
(b)
Facility authorized by the single facility license complies with all statutes
and rules governing facilities in which services in the practice areas
authorized by the license of the holder are provided.
(7)
The agency may suspend, condition, limit, revoke or refuse to issue or renew a
single facility license, or may place on probation or otherwise discipline a
single facility license holder, for the reasons specified in ORS 676.612,
690.167 or 690.407 or for failure to comply with subsection (6) of this section.
[2005 c.648 §10; 2009 c.701 §14; 2011 c.346 §28]
676.618 Inspection of facilities.
(1) Upon its own motion or upon any complaint, the Oregon Health Licensing
Agency may conduct an inspection to determine whether a facility or a part of
the facility that is the subject of the inspection complies with the licensing,
safety, infection control and sterilization requirements imposed by statute or
rule of the agency or the boards, councils and programs administered by the
agency.
(2)
The agency shall provide for the periodic inspection of facilities, business
premises or other locations where services are performed by the practitioners
of the occupations or professions subject to the authority of the boards,
councils and programs that are administered and regulated by the agency
pursuant to ORS 676.606. [2003 c.547 §2; 2005 c.648 §11]
676.620 Use of services of Oregon
Department of Administrative Services. In performing
its powers and duties under ORS 676.605 to 676.625 and 676.992, the Oregon
Health Licensing Agency may utilize the administrative assistance of the Oregon
Department of Administrative Services. The agency shall pay to the department a
proportionate share of the cost of such administrative services, such share to
be fixed by biennial negotiation between the agency and the department. [1999
c.885 §13; 2001 c.104 §259; 2005 c.648 §12; 2009 c.701 §15]
676.622 Electronic and facsimile
signatures. (1) A transaction conducted through a
state or local system or network that provides electronic access to the Oregon
Health Licensing Agency information and services is exempt from any requirement
under ORS 675.360 to 675.410, 676.605 to 676.625, 676.992, 680.500 to 680.565,
687.405 to 687.495, 688.701 to 688.734, 688.800 to 688.840, 690.005 to 690.235,
690.350 to 690.415, 691.405 to 691.485 and 694.015 to 694.185 and ORS chapter
700, and rules adopted thereunder, requiring an original signature or the
submission of handwritten materials.
(2)
Electronic signatures subject to ORS 84.001 to 84.061 and facsimile signatures
are acceptable and have the same force as original signatures. [2009 c.701 §3;
2011 c.346 §29; 2011 c.630 §18]
676.625 Oregon Health Licensing Agency
Account; fees; record keeping; disposition of receipts.
(1) The Oregon Health Licensing Agency shall establish by rule and shall
collect fees and charges to carry out the agency’s responsibilities under ORS
676.605 to 676.625 and 676.992 and any responsibility imposed on the agency
pertaining to the boards, councils and programs administered and regulated by
the agency pursuant to ORS 676.606.
(2)
The Oregon Health Licensing Agency Account is established in the General Fund
of the State Treasury. The account shall consist of the moneys credited to the
account by the Legislative Assembly. All moneys in the account are appropriated
continuously to and shall be used by the Oregon Health Licensing Agency for
payment of expenses of the agency in carrying out the duties, functions and
obligations of the agency, and for payment of the expenses of the boards,
councils and programs administered and regulated by the agency pursuant to ORS
676.606. The agency shall keep a record of all moneys credited to the account
and report the source from which the moneys are derived and the activity of
each board, council or program that generated the moneys.
(3)
Subject to prior approval of the Oregon Department of Administrative Services
and a report to the Emergency Board prior to adopting fees and charges credited
to the account, the fees and charges may not exceed the cost of administering
the agency and the boards, councils and programs within the agency, as
authorized by the Legislative Assembly within the agency’s budget, as the
budget may be modified by the Emergency Board.
(4)
All moneys credited to the account pursuant to ORS 675.405, 676.617, 680.525,
687.435, 688.728, 688.834, 690.235, 690.415, 691.479, 694.185 and 700.080, and
moneys credited to the account from other agency and program fees established
by the agency by rule, are continuously appropriated to the agency for carrying
out the duties, functions and powers of the agency under ORS 676.605 to 676.625
and 676.992.
(5)
The moneys received from civil penalties assessed under ORS 676.992 shall be
deposited and accounted for as are other moneys received by the agency and
shall be for the administration and enforcement of the statutes governing the
boards, councils and programs administered by the agency. [1999 c.885 §14; 2005
c.648 §13; 2009 c.701 §16; 2011 c.346 §30; 2011 c.630 §19]
PENALTIES
676.990 Criminal penalties.
Violation of any of the provisions of ORS 676.110 to 676.130 is a Class C
misdemeanor. [Amended by 2011 c.597 §278]
676.992 Civil penalties.
(1) Except as provided in subsection (3) of this section, and in addition to
any other penalty or remedy provided by law, the Oregon Health Licensing Agency
may impose a civil penalty not to exceed $5,000 for each violation of the
following statutes and any rule adopted thereunder:
(a)
ORS 688.701 to 688.734 (athletic training);
(b)
ORS 690.005 to 690.235 (cosmetology);
(c)
ORS 680.500 to 680.565 (denture technology);
(d)
ORS 687.405 to 687.495 (direct entry midwifery);
(e)
ORS 690.350 to 690.415 (tattooing, electrolysis, body piercing, dermal
implanting and scarification);
(f)
ORS 694.015 to 694.185 (dealing in hearing aids);
(g)
ORS 688.800 to 688.840 (respiratory therapy and polysomnography);
(h)
ORS chapter 700 (environmental sanitation);
(i)
ORS 676.617 (single facility licensure);
(j)
ORS 675.360 to 675.410 (sex offender treatment);
(k)
ORS 678.710 to 678.820 (nursing home administrators);
(L)
ORS 691.405 to 691.485 (dietitians); and
(m)
ORS 676.612 (prohibited acts).
(2)
The agency may take any other disciplinary action that it finds proper,
including but not limited to assessment of costs of disciplinary proceedings,
not to exceed $5,000, for violation of any statute listed in subsection (1) of
this section or any rule adopted under any statute listed in subsection (1) of
this section.
(3)
Subsection (1) of this section does not limit the amount of the civil penalty
resulting from a violation of ORS 694.042.
(4)
In imposing a civil penalty pursuant to this section, the agency shall consider
the following factors:
(a)
The immediacy and extent to which the violation threatens the public health or
safety;
(b)
Any prior violations of statutes, rules or orders;
(c)
The history of the person incurring a penalty in taking all feasible steps to
correct any violation; and
(d)
Any other aggravating or mitigating factors.
(5)
Civil penalties under this section shall be imposed as provided in ORS 183.745.
(6)
The moneys received by the agency from civil penalties under this section shall
be paid into the General Fund of the State Treasury and credited to the Oregon
Health Licensing Agency Account established under ORS 676.625. Such moneys are
continuously appropriated to the agency for the administration and enforcement
of the laws the agency is charged with administering and enforcing that govern
the person against whom the penalty was imposed. [2003 c.547 §4; 2005 c.648 §14;
2007 c.841 §17; 2009 c.701 §17; 2009 c.768 §31; 2011 c.346 §31; 2011 c.630 §20;
2011 c.715 §21]
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