676 - Oregon State Legislature · HEALTH PROFESSIONS GENERALLY 676.150 676.010 [Amended by 1967 c.470 §64; repealed by 1973 c.31 §5] 676.020 [Amended by 1953 c.203 §1; 1957 c.212

Chapter 6762011 EDITION

Health Professions Generally

USE OF TITLES IMPORTING HEALTH CARE PROFESSION

676.110 Use of title “doctor”676.120 Use of deceased licensee’s name676.130 Enforcement of ORS 676.110 and 676.120

REPORTING OBLIGATIONS676.150 Duty to report prohibited or unprofes-

sional conduct, arrests and convictions;investigation; confidentiality; immunityfrom liability

PROCESSING OF COMPLAINTS AGAINST HEALTH PROFESSIONALS

676.160 Definitions for ORS 676.165 to 676.180676.165 Complaint investigation676.170 Immunity of information providers676.175 Complaints and investigations confiden-

tial; exceptions; fees676.177 Disclosure of confidential information to

another public entity; criteria676.180 Notice prior to disclosure

IMPAIRED HEALTH PROFESSIONALPROGRAM

676.185 Definitions for ORS 676.185 to 676.200676.190 Establishment of program; reports of

noncompliance; diversion agreements; au-dit; rules

676.195 Monitoring entity; reports to health pro-fessional licensing boards; audit; fees

676.200 Board participation in program; rules

EFFECT OF EXPIRATION, LAPSE, SURRENDER, SUSPENSION OR

REVOCATION OF LICENSE676.205 Continuing jurisdiction of boards; effect

of expiration, lapse, surrender, suspensionor revocation of license

676.210 Practice of health care profession aftersuspension or revocation of license pro-hibited

676.220 Enjoining health care professional frompracticing after suspension or revocationof license

676.230 Injunction as cumulative remedy

HEALTH CARE FACILITY REPORTINGOF BLOOD ALCOHOL LEVEL OR

PRESENCE OF CONTROLLEDSUBSTANCE

676.260 Health care facility notification of bloodalcohol level or presence of controlledsubstance in blood; content of notice

676.280 Immunity of person participating in re-port pursuant to ORS 676.260

676.300 Authority of health care provider to no-tify law enforcement agency that patientwho is under influence of intoxicants isabout to drive vehicle; immunity

MISCELLANEOUS676.303 Purposes of health professional regulatory

boards; authority of boards to requirefingerprints

676.306 Executive directors; reports; rules676.310 Fees for laboratory testing; itemized bill-

ing; failure to comply considered unpro-fessional conduct

676.330 Approved osteopathic residency trainingand certification included as medical spe-cialty certification

676.340 Limitations on liability of health practi-tioners providing health care serviceswithout compensation; requirements; ex-ceptions; attorney fees; applicability

676.345 Registration program for health care pro-fessionals claiming liability limitation;program requirements

676.350 Authority of health professional regula-tory boards to adopt rules permitting ex-pedited partner therapy

676.360 Pelvic examinations676.400 Racial and ethnic composition of regu-

lated health professions; findings; dutiesof health professional regulatory boards

676.405 Release of personal information676.410 Information required for issuance or re-

newal of certain licenses; confidentiality;fees

676.440 Duty of health professional regulatoryboards to encourage multidisciplinarypain management services

Note Task Force on Oregon Curriculum andTraining Standards for Performing Clin-ical Breast Examinations--2011 c.425 §§1,2

SUBSIDIES FOR MEDICALPROFESSIONAL LIABILITY INSURANCE

676.550 Subsidies for medical professional liabilityinsurance; rules

676.552 Amount of subsidy676.554 Report to legislature676.556 Rural Medical Liability Subsidy Fund

OREGON HEALTH LICENSING AGENCY676.605 Purpose of Oregon Health Licensing

Agency676.606 Oversight and centralized service by

agency676.607 Agency responsibilities; enumeration of

powers not exclusive; rules676.608 Investigative authority; conduct of inves-

tigation676.609 Disclosure of records676.610 Director; appointment and qualifications;

responsibilities; duties676.611 Duty of director to keep records and pre-

pare reports; peer review of agency activ-ities; rules

Title 52 Page 1 (2011 Edition)

OCCUPATIONS AND PROFESSIONS

676.612 Disciplinary authority; authority ofagency to require fingerprints

676.613 Injunctions676.615 Rulemaking authority676.617 Single facility license; rules; fees676.618 Inspection of facilities676.620 Use of services of Oregon Department of

Administrative Services

676.622 Electronic and facsimile signatures676.625 Oregon Health Licensing Agency Ac-

count; fees; record keeping; disposition ofreceipts

PENALTIES676.990 Criminal penalties676.992 Civil penalties


HEALTH PROFESSIONS GENERALLY 676.150

676.010 [Amended by 1967 c.470 §64; repealed by1973 c.31 §5]

676.020 [Amended by 1953 c.203 §1; 1957 c.212 §1;repealed by 1973 c.31 §5]


676.035 [1967 c.184 §1; 1971 c.15 §1; repealed by 1973c.31 §5]

676.040 [Amended by 1957 c.212 §3; repealed by 1973c.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 in-dividual practicing a health care professionmay not use the title “doctor” in connectionwith the profession, unless the individual:

(a) Has earned a doctoral degree in theindividual’s field of practice; and

(b)(A) Is licensed by a health professionalregulatory board as defined in ORS 676.160to practice the particular health care profes-sion in which the individual’s doctoral de-gree was earned; or

(B) Is working under a board-approvedresidency contract and is practicing underthe license of a supervisor who is licensedby a health professional regulatory board asdefined in ORS 676.160 to practice the par-ticular health care profession in which theindividual’s doctoral degree was earned.

(2) If an individual uses the title“doctor” in connection with a health careprofession at any time, the individual mustdesignate the health care profession in whichthe individual’s doctoral degree was earnedon all written or printed matter, advertising,billboards, signs or professional notices usedin connection with the health care profes-sion, regardless of whether the individual’sname or the title “doctor” appears on thewritten or printed matter, advertising,billboard, sign or professional notice. Thedesignation must be in letters or print atleast one-fourth the size of the largest lettersused on the written or printed matter, ad-vertising, billboard, sign or professional no-tice, and in material, color, type orillumination to give display and legibility ofat least one-fourth that of the largest lettersused on the written or printed matter, ad-vertising, billboard, sign or professional no-tice.

(3) Subsection (1) of this section does notprohibit:

(a) A chiropractic physician licensed un-der ORS chapter 684 from using the title“chiropractic physician”;

(b) A naturopathic physician licensed un-der ORS chapter 685 from using the title“naturopathic physician”;

(c) A person licensed to practiceoptometry under ORS chapter 683 from usingthe title “doctor of optometry” or“optometric physician”; or

(d) A podiatric physician licensed underORS 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’sname. Notwithstanding ORS 676.110, uponthe death of any person duly licensed by ahealth professional regulatory board as de-fined in ORS 676.160, the executors of theestate or the heirs, assigns, associates orpartners may retain the use of the decedent’sname, where it appears other than as a partof an assumed name, for no more than oneyear after the death of such person or untilthe 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 676.110and 676.120. Each health professional regu-latory board as defined in ORS 676.160 shallnotify the appropriate district attorney ofany violation of ORS 676.110 and 676.120which may be brought to the attention ofsuch board. The district attorney of thecounty in which any violation of thosesections takes place shall prosecute the vio-lation upon being informed of the violationby 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 OBLIGATIONS676.150 Duty to report prohibited or

unprofessional conduct, arrests and con-victions; investigation; confidentiality;immunity from liability. (1) As used in thissection:

(a) “Board” means the:(A) State Board of Examiners for

Speech-Language Pathology and Audiology;(B) State Board of Chiropractic Examin-

ers;(C) State Board of Licensed Social Work-

ers;(D) Oregon Board of Licensed Profes-

sional Counselors and Therapists;(E) Oregon Board of Dentistry;(F) Board of Licensed Dietitians;(G) State Board of Massage Therapists;


676.160 OCCUPATIONS AND PROFESSIONS

(H) Oregon Board of Naturopathic Medi-cine;

(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 Examin-

ers;(Q) Board of Medical Imaging;(R) State Board of Direct Entry Mid-

wifery;(S) State Board of Denture Technology;(T) Respiratory Therapist and Polysom-

nographic Technologist Licensing Board;(U) Oregon Health Authority, to the ex-

tent that the authority licenses emergencymedical services providers;

(V) Oregon State Veterinary Medical Ex-amining Board; or

(W) State Mortuary and Cemetery Board.(b) “Licensee” means a health profes-

sional licensed or certified by or registeredwith a board.

(c) “Prohibited conduct” means conductby a licensee that:

(A) Constitutes a criminal act against apatient or client; or

(B) Constitutes a criminal act that cre-ates a risk of harm to a patient or client.

(d) “Unprofessional conduct” means con-duct unbecoming a licensee or detrimental tothe best interests of the public, includingconduct contrary to recognized standards ofethics of the licensee’s profession or conductthat endangers the health, safety or welfareof a patient or client.

(2) Unless state or federal laws relatingto confidentiality or the protection of healthinformation prohibit disclosure, a licenseewho has reasonable cause to believe that an-other licensee has engaged in prohibited orunprofessional conduct shall report the con-duct to the board responsible for the licenseewho is believed to have engaged in the con-duct. The reporting licensee shall report theconduct without undue delay, but in no eventlater than 10 working days after the report-ing licensee learns of the conduct.

(3) A licensee who is convicted of a mis-demeanor or felony or who is arrested for afelony crime shall report the conviction orarrest to the licensee’s board within 10 daysafter the conviction or arrest.

(4) The board responsible for a licenseewho is reported to have engaged in prohib-ited or unprofessional conduct shall investi-gate in accordance with the board’s rules. Ifthe board has reasonable cause to believethat the licensee has engaged in prohibitedconduct, the board shall present the facts toan appropriate law enforcement agencywithout undue delay, but in no event laterthan 10 working days after the board findsreasonable cause to believe that the licenseeengaged in prohibited conduct.

(5) A licensee who fails to report prohib-ited or unprofessional conduct as required bysubsection (2) of this section or the licensee’sconviction or arrest as required by subsec-tion (3) of this section is subject to disciplineby the board responsible for the licensee.

(6) A licensee who fails to report prohib-ited conduct as required by subsection (2) ofthis section commits a Class A violation.

(7) Notwithstanding any other provisionof law, a report under subsection (2) or (3)of this section is confidential under ORS676.175. A board may disclose a report asprovided in ORS 676.177.

(8) Except as part of an application for alicense or for renewal of a license and exceptas provided in subsection (3) of this section,a board may not require a licensee to reportthe licensee’s criminal conduct.

(9) The obligations imposed by this sec-tion are in addition to and not in lieu ofother obligations to report unprofessionalconduct as provided by statute.

(10) A licensee who reports to a board ingood faith as required by subsection (2) ofthis section is immune from civil liability formaking the report.

(11) A board and the members, employeesand contractors of the board are immunefrom civil liability for actions taken in goodfaith as a result of a report received undersubsection (2) or (3) of this section. [2009 c.536§1; 2011 c.630 §21; 2011 c.703 §44; 2011 c.715 §19; 2011c.720 §213]

PROCESSING OF COMPLAINTS AGAINST HEALTH PROFESSIONALS

676.160 Definitions for ORS 676.165 to676.180. As used in ORS 676.165 to 676.180,“health professional regulatory board” meansthe:

(1) State Board of Examiners for Speech-Language Pathology and Audiology;

(2) State Board of Chiropractic Examin-ers;

(3) State Board of Licensed Social Work-ers;

(4) Oregon Board of Licensed Profes-sional 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 Medi-

cine;(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 Examin-

ers;(18) Board of Medical Imaging;(19) Oregon State Veterinary Medical

Examining Board; and(20) Oregon Health Authority, to the ex-

tent that the authority licenses emergencymedical services providers. [1997 c.791 §1; 1999c.537 §4; 2001 c.274 §4; 2009 c.43 §9; 2009 c.442 §44; 2009c.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 boardor the Oregon Health Licensing Agency re-ceives a complaint by any person against alicensee, applicant or other person alleged tobe practicing in violation of law, the boardor agency shall assign one or more personsto act as investigator of the complaint.

(2) The investigator shall collect evidenceand interview witnesses and shall make areport to the board or agency. The investi-gator shall have all investigatory powerspossessed by the board or agency.

(3) The report to the board or agencyshall describe the evidence gathered, the re-sults of witness interviews and any other in-formation considered in preparing the reportof the investigator. The investigator shallconsider, and include in the report, any dis-ciplinary history with the board or agencyof the licensee, applicant or other person al-leged to be practicing in violation of law.

(4) The investigator shall make the re-port to the board or agency not later than120 days after the board or agency receivesthe complaint. However, the board or agencymay extend the time for making the reportby up to 30 days for just cause. The board oragency may grant more than one extensionof time.

(5) Investigatory information obtained byan investigator and the report issued by theinvestigator shall be exempt from public dis-closure.

(6) When a health professional regulatoryboard reviews the investigatory informationand report, the public members of the boardmust be actively involved. [1997 c.791 §5; 2009c.756 §5]

676.170 Immunity of information pro-viders. A person who reports or supplies in-formation in good faith to a healthprofessional regulatory board or to a com-mittee reporting to a health professionalregulatory board shall be immune from anaction for civil damages as a result thereof.[1997 c.791 §4]

676.175 Complaints and investigationsconfidential; exceptions; fees. (1) A healthprofessional regulatory board shall keep con-fidential and not disclose to the public anyinformation obtained by the board as part ofan investigation of a licensee or applicant,including complaints concerning licensee orapplicant conduct and information permittingthe identification of complainants, licenseesor applicants. However, the board may dis-close information obtained in the course ofan investigation of a licensee or applicant tothe extent necessary to conduct a full andproper investigation.

(2) Notwithstanding subsection (1) of thissection, if a health professional regulatoryboard votes not to issue a notice of intent toimpose a disciplinary sanction:

(a) The board shall disclose informationobtained as part of an investigation of anapplicant or licensee if the person requestingthe information demonstrates by clear andconvincing evidence that the public interestin disclosure outweighs other interests innondisclosure, including but not limited tothe public interest in nondisclosure.

(b) The board may disclose to a com-plainant a written summary of informationobtained as part of an investigation of anapplicant or licensee resulting from the com-plaint to the extent the board determinesnecessary to explain the reasons for theboard’s decision. An applicant or licenseemay review and obtain a copy of any writtensummary of information disclosed to a com-plainant by the board after the board hasdeleted any information that could reason-ably be used to identify the complainant.

(3) If a health professional regulatoryboard votes to issue a notice of intent to im-pose a disciplinary sanction, upon writtenrequest by the licensee or applicant, theboard shall disclose to the licensee or appli-cant all information obtained by the board inthe investigation of the allegations in thenotice except:

(a) Information that is privileged or con-fidential under a law other than this section.



(b) Information that would permit theidentification of any person who provided in-formation that led to the filing of the noticeand who will not provide testimony at ahearing arising out of the investigation.

(c) Information that would permit theidentification of any person as a person whomade a complaint to the board about a li-censee or applicant.

(d) Reports of expert witnesses.(4) Information disclosed to a licensee or

applicant under subsection (3) of this sectionmay be further disclosed by the licensee orapplicant only to the extent necessary toprepare for a hearing on the notice of intentto impose a disciplinary sanction.

(5)(a) A health professional regulatoryboard shall disclose:

(A) A notice of intent to impose a disci-plinary sanction against a licensee or appli-cant that has been issued by vote of theboard;

(B) A final order that results from theboard’s notice of intent to impose a discipli-nary sanction;

(C) An emergency suspension order;(D) A consent order or stipulated agree-

ment that involves licensee or applicant con-duct; and

(E) Information to further an investi-gation into board conduct under ORS192.685.

(b) A health professional regulatoryboard may make the information required tobe disclosed under paragraph (a)(A) to (D) ofthis subsection available in electronic form,accessible by use of a personal computer orsimilar technology that provides direct elec-tronic access to the information.

(6) If a notice of intent to impose a dis-ciplinary sanction has been issued by vote ofa health professional regulatory board, afinal order that results from the board’s no-tice of intent to impose a disciplinary sanc-tion, an emergency suspension order or aconsent order or stipulated agreement thatinvolves licensee or applicant conduct shallsummarize the factual basis for the board’sdisposition of the matter.

(7) A health professional regulatoryboard record or order, or any part thereof,obtained as part of or resulting from an in-vestigation, contested case proceeding, con-sent order or stipulated agreement, is notadmissible as evidence and may not precludean issue or claim in any civil proceeding ex-cept in a proceeding between the board andthe licensee or applicant as otherwise al-lowed by law.

(8)(a) Notwithstanding subsection (1) ofthis section, it is not disclosure to the publicfor a board to permit other public officialsand members of the press to attend executivesessions where information obtained as partof an investigation is discussed. Public offi-cials and members of the press attendingsuch executive sessions shall not disclose in-formation obtained as part of an investi-gation to any other member of the public.

(b) For purposes of this subsection, “pub-lic official” means a member or member-elect, or any member of the staff or anemployee, of a public entity as defined byORS 676.177.

(9) A health professional regulatoryboard may establish fees reasonably calcu-lated to reimburse the actual cost of disclos-ing information to licensees or applicants asrequired by subsection (3) of this section.[1997 c.791 §2; 1999 c.751 §3; 2005 c.801 §1]

676.177 Disclosure of confidential in-formation to another public entity; crite-ria. (1) Notwithstanding any other provisionof ORS 676.165 to 676.180, a health profes-sional regulatory board, upon a determi-nation by the board that it possessesotherwise confidential information that rea-sonably relates to the regulatory or enforce-ment function of another public entity, maydisclose that information to the other publicentity.

(2) Any public entity that receives infor-mation pursuant to subsection (1) of thissection shall agree to take all reasonablesteps to maintain the confidentiality of theinformation, except that the public entitymay use or disclose the information to theextent necessary to carry out the regulatoryor enforcement functions of the public entity.

(3) For purposes of this section, “publicentity” means:

(a) A board or agency of this state, or aboard or agency of another state with regu-latory or enforcement functions similar tothe functions of a health professional regula-tory 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 providesemergency medical services; or

(e) A law enforcement agency of thisstate, another state or the federal govern-ment. [1999 c.751 §2]

676.180 Notice prior to disclosure. If ahealth professional regulatory board intendsto disclose a record pursuant to ORS 676.175(2), the board shall provide the licensee orapplicant seven days’ prior written notice byfirst class mail. The notice shall describe



the record that the board intends to disclosein sufficient detail to permit the licensee orapplicant to know the contents of the record.In any subsequent action for injunctive ordeclaratory relief, the burden shall be on theperson seeking disclosure to demonstrate byclear and convincing evidence that the publicinterest in disclosure outweighs other inter-ests in nondisclosure, including but not lim-ited to the public interest in nondisclosure.[1997 c.791 §3]

IMPAIRED HEALTH PROFESSIONALPROGRAM

676.185 Definitions for ORS 676.185 to676.200. As used in ORS 676.185 to 676.200:

(1) “Health profession licensing board”means:

(a) A health professional regulatoryboard as defined in ORS 676.160; or

(b) The Oregon Health Licensing Agencyfor a board, council or program listed in ORS676.606.

(2) “Impaired professional” means a li-censee who is unable to practice with pro-fessional skill and safety by reason ofhabitual or excessive use or abuse of drugs,alcohol or other substances that impair abil-ity or by reason of a mental health disorder.

(3) “Licensee” means a health profes-sional licensed or certified by or registeredwith a health profession licensing board.[2009 c.697 §1]

676.190 Establishment of program; re-ports of noncompliance; diversion agree-ments; audit; rules. (1) The Oregon HealthAuthority shall establish or contract to es-tablish an impaired health professional pro-gram. The program must:

(a) Enroll licensees of participatinghealth profession licensing boards who havebeen diagnosed with alcohol or substanceabuse or a mental health disorder;

(b) Require that a licensee sign a writtenconsent prior to enrollment in the programallowing disclosure and exchange of informa-tion between the program, the licensee’sboard, the monitoring entity established un-der ORS 676.195, the licensee’s employer,evaluators and treatment entities in compli-ance with ORS 179.505 and 42 C.F.R. part 2;

(c) Enter into diversion agreements withenrolled licensees;

(d) Assess and evaluate compliance withdiversion agreements by enrolled licensees;

(e) Assess the ability of an enrolledlicensee’s employer to supervise the licenseeand require an enrolled licensee’s employerto establish minimum training requirementsfor supervisors of enrolled licensees;

(f) Report substantial noncompliancewith a diversion agreement to the monitoringentity established under ORS 676.195 withinone business day after the program learns ofthe substantial noncompliance, including butnot limited to information that a licensee:

(A) Engaged in criminal behavior;(B) Engaged in conduct that caused in-

jury, death or harm to the public, includingengaging in sexual impropriety with a pa-tient;

(C) Was impaired in a health care settingin the course of the licensee’s employment;

(D) Received a positive toxicology testresult as determined by federal regulationspertaining to drug testing;

(E) Violated a restriction on thelicensee’s practice imposed by the programor the licensee’s board;

(F) Was admitted to the hospital formental illness or adjudged to be mentally in-competent;

(G) Entered into a diversion agreement,but failed to participate in the program; or

(H) Was referred to the program butfailed to enroll in the program; and

(g) At least weekly, submit a list of li-censees who are enrolled in the program anda list of licensees who successfully completethe program to the monitoring entity estab-lished under ORS 676.195.

(2) When the program reports noncompli-ance to the monitoring entity, the reportmust include:

(a) A description of the noncompliance;(b) A copy of a report from the inde-

pendent third party who diagnosed the li-censee under ORS 676.200 (2)(a) orsubsection (5)(a) of this section stating thelicensee’s diagnosis;

(c) A copy of the licensee’s diversionagreement; 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 be-tween the program, the licensee’s board, themonitoring entity established under ORS676.195, the licensee’s employer, evaluatorsand treatment providers, in compliance withORS 179.505 and 42 C.F.R. part 2;

(b) Require that the licensee comply con-tinuously with the agreement for at least twoyears to successfully complete the program;

(c) Based on an individualized assess-ment, require that the licensee abstain from



mind-altering or intoxicating substances orpotentially addictive drugs, unless the drugis approved by the program and prescribedfor a documented medical condition by aperson authorized by law to prescribe thedrug to the licensee;

(d) Require the licensee to report use ofmind-altering or intoxicating substances orpotentially addictive drugs within 24 hours;

(e) Require the licensee to agree to par-ticipate in a treatment plan approved by athird party;

(f) Contain limits on the licensee’s prac-tice of the licensee’s health profession;

(g) Provide for employer monitoring ofthe licensee;

(h) Provide that the program may requirean evaluation of the licensee’s fitness topractice before removing the limits on thelicensee’s practice of the licensee’s healthprofession;

(i) Require the licensee to submit to ran-dom drug or alcohol testing in accordancewith federal regulations;

(j) Require the licensee to report at leastweekly to the program regarding thelicensee’s compliance with the agreement;

(k) Require the licensee to report anyarrest for or conviction of a misdemeanor orfelony crime to the program within threebusiness days after the licensee is arrestedor convicted;

(L) Require the licensee to report appli-cations for licensure in other states, changesin employment and changes in practice set-ting; and

(m) Provide that the licensee is responsi-ble for the cost of evaluations, toxicologytesting and treatment.

(5)(a) A licensee of a board participatingin the program may self-refer to the program.

(b) The program shall require the li-censee to attest that the licensee is not, tothe best of the licensee’s knowledge, underinvestigation by the licensee’s board. Theprogram shall enroll the licensee on the dateon which the licensee attests that the li-censee, to the best of the licensee’s know-ledge, is not under investigation by thelicensee’s board.

(c) When a licensee self-refers to theprogram, the program shall:

(A) Require that an independent thirdparty approved by the licensee’s board toevaluate alcohol or substance abuse or men-tal health disorders evaluate the licensee foralcohol or substance abuse or mental healthdisorders; and

(B) Investigate to determine whether thelicensee’s practice while impaired has pre-sented or presents a danger to the public.

(6) The authority shall adopt rules estab-lishing a fee to be paid by the boards partic-ipating in the impaired health professionalprogram for administration of the program.

(7) The authority shall arrange for an in-dependent third party to audit the programto ensure compliance with program guide-lines. The authority shall report the resultsof the audit to the Legislative Assembly, theGovernor and the health profession licensingboards. The report may not contain individ-ually identifiable information about licens-ees.

(8) The authority may adopt rules tocarry out this section. [2009 c.697 §1b; 2009 c.828§73]

676.195 Monitoring entity; reports tohealth professional licensing boards; au-dit; fees. (1) The Oregon Health Authorityshall contract with an independent thirdparty to establish a monitoring entity forimpaired professionals. The monitoring entityshall:

(a) Compare the weekly lists submittedby the impaired health professional programunder ORS 676.190 to determine if any en-rollees are no longer participating in the im-paired health professional program; and

(b) Report to a health profession licens-ing board when:

(A) The monitoring entity receives a re-port from the impaired health professionalprogram established under ORS 676.190 thata licensee is substantially noncompliant withthe licensee’s diversion agreement;

(B) Comparison of the weekly lists sub-mitted by the impaired health professionalprogram under ORS 676.190 shows that a li-censee is no longer participating in the im-paired health professional program; and

(C) The monitoring entity receives a re-port from the impaired health professionalprogram under ORS 676.190 that a licenseereferred by the board has completed the im-paired health professional program.

(2) The monitoring entity may not haveany contact with a licensee and has no dis-cretion in deciding whether to make a reportrequired under this section.

(3) The weekly lists submitted by the im-paired health professional program underORS 676.190 are exempt from disclosure un-der public records law.

(4) If a licensee self-refers to the impairedhealth professional program, the monitoringentity may not report the licensee’s enroll-ment or successful completion of the im-



paired health professional program to thelicensee’s board.

(5) The authority shall arrange for an in-dependent third party to audit the monitor-ing entity to ensure compliance withprogram guidelines. The authority shall re-port the results of the audit to the Legisla-tive Assembly, the Governor and the healthprofession licensing boards. The report maynot contain individually identifiable informa-tion about licensees.

(6) The authority may adopt rules assess-ing fees to health profession licensing boardsparticipating in the program for the costs ofadministering the monitoring entity. [2009c.697 §1c; 2009 c.828 §74]

676.200 Board participation in pro-gram; rules. (1)(a) A health profession li-censing board that is authorized by law totake disciplinary action against licenseesmay adopt rules opting to participate in theimpaired health professional program estab-lished under ORS 676.190.

(b) A board may only refer impaired pro-fessionals to the impaired health professionalprogram established under ORS 676.190 andmay not establish the board’s own impairedhealth professional program.

(c) A board may adopt rules establishingadditional requirements for licensees referredto the impaired health professional programestablished under ORS 676.190.

(2) If a board participates in the impairedhealth professional program, the board shallestablish by rule a procedure for referringlicensees to the program. The proceduremust provide that, before the board refers alicensee to the program, the board shall en-sure that:

(a) An independent third party approvedby the board to evaluate alcohol or substanceabuse or mental health disorders has diag-nosed the licensee with alcohol or substanceabuse or a mental health disorder and pro-vided the diagnosis and treatment options tothe licensee and the board;

(b) The board has investigated to deter-mine whether the licensee’s professionalpractice while impaired has presented orpresents a danger to the public; and

(c) The licensee has agreed to report anyarrest for or conviction of a misdemeanor orfelony crime to the board within three busi-ness days after the licensee is arrested orconvicted.

(3) A board that participates in the im-paired health professional program shall in-vestigate reports received from themonitoring entity established under ORS676.195. If the board finds that a licensee issubstantially noncompliant with a diversion

agreement entered into under ORS 676.190,the board may suspend, restrict, modify orrevoke the licensee’s license or end thelicensee’s participation in the impairedhealth professional program.

(4) A board may not discipline a licenseesolely because the licensee:

(a) Self-refers to or participates in theimpaired health professional program;

(b) Has been diagnosed with alcohol orsubstance abuse or a mental health disorder;or

(c) Used controlled substances beforeentry into the impaired health professionalprogram, if the licensee did not practicewhile impaired. [2009 c.697 §1a]

Note: Section 23, chapter 697, Oregon Laws 2009,provides:

Sec. 23. (1) Before the operative date specified insection 22, chapter 697, Oregon Laws 2009 [July 1, 2010],the Oregon Health Authority and the health professionlicensing boards that opt to participate in the impairedhealth professional program established under section1b, chapter 697, Oregon Laws 2009 [676.190], shall col-laborate to transfer existing impaired professional pro-grams and funding, and licensees who are subject toexisting impaired professional programs, to the impairedhealth professional program established under section1b, chapter 697, Oregon Laws 2009.

(2) When a licensee is transferred to the impairedhealth professional program established under section1b, chapter 697, Oregon Laws 2009, pursuant to subsec-tion (1) of this section, the program shall honor theterms of the licensee’s existing diversion agreement ifthe terms of the agreement are consistent with the re-quirements of section 1b, chapter 697, Oregon Laws 2009.If the terms of the licensee’s existing diversion agree-ment are not consistent with the requirements of section1b, chapter 697, Oregon Laws 2009, the diversion agree-ment entered into by the program and the licensee mustcomply with section 1b, chapter 697, Oregon Laws 2009.

(3) When a licensee who self-referred to an im-paired professional program before the effective date ofchapter 697, Oregon Laws 2009 [July 14, 2009], is trans-ferred to the impaired health professional program es-tablished under section 1b, chapter 697, Oregon Laws2009, pursuant to subsection (1) of this section:

(a) The program may not disclose the licensee’senrollment in the program to the licensee’s board unlessthe licensee:

(A) Ceases to participate in the program beforecompleting the program; or

(B) Engages in substantial noncompliance as de-scribed in section 1b (1)(f)(A) to (H), chapter 697, OregonLaws 2009.

(b) The program may not disclose the licensee’ssuccessful completion of the program to the licensee’sboard. [2009 c.697 §23; 2009 c.828 §77]

EFFECT OF EXPIRATION, LAPSE, SURRENDER, SUSPENSION OR

REVOCATION OF LICENSE676.205 Continuing jurisdiction of

boards; effect of expiration, lapse, sur-render, suspension or revocation of li-cense. (1) As used in this section:

(a) “Health professional regulatoryboard” means the agencies listed in ORS



676.160 and the Oregon Health LicensingAgency created in ORS 676.605.

(b) “License” means a license, registra-tion, certification or other authorization toengage in a profession.

(2) A health professional regulatoryboard continues to have jurisdiction for li-censing, regulatory and disciplinary purposesrelated to acts and omissions that occurwhile a person is licensed or required to belicensed, regardless of any changes in the li-censing status of the person.

(3) A person who obtains, but is not re-quired to obtain, a license to engage in aprofession regulated by a health professionalregulatory board, and whose license expires,lapses or is voluntarily surrendered while theperson is under investigation by the board,or whose license is suspended or revoked,may not engage in that profession unless theperson again obtains a license from the rele-vant health professional regulatory board toengage in the profession.

(4) Nothing in this section limits the ju-risdictional, investigatory or other authorityotherwise provided by law to a health pro-fessional regulatory board. [2009 c.756 §2]

676.210 Practice of health care profes-sion after suspension or revocation of li-cense prohibited. No person whose licensehas been revoked or suspended by any boardauthorized by the statutes of the State ofOregon to issue licenses to practice a healthcare profession shall continue the practiceof this profession after the order or decisionof the board suspending or revoking the li-cense of the person has been made. The li-cense shall remain suspended or revokeduntil a final determination of an appeal fromthe decision or order of the board has beenmade by the court. [1953 c.592 §1; 1983 c.769 §4]

676.220 Enjoining health care profes-sional from practicing after suspensionor revocation of license. (1) If at any timethe board suspending or revoking the licenseof any licentiate of a health care professiondetermines that such licentiate is continuingto practice the health care profession not-withstanding, the board shall in its ownname bring an action to enjoin suchlicentiate.

(2) If the court shall find that thelicentiate has been or is continuing thepractice of the health care profession forwhich the license has been revoked or sus-pended it shall issue an injunction restrain-ing the licentiate. The commission of a singleact constituting the practice of the respec-tive health care profession shall be primafacie evidence warranting the issuance ofsuch injunction. [1953 c.592 §2; 1979 c.284 §191; 1983c.769 §5]

676.230 Injunction as cumulative rem-edy. The remedy herein provided is cumula-tive and shall be without prejudice to anyother civil or criminal remedy. [1953 c.592 §3]

HEALTH CARE FACILITY REPORTING OF BLOOD ALCOHOL LEVEL OR

PRESENCE OF CONTROLLEDSUBSTANCE

676.260 Health care facility notifica-tion of blood alcohol level or presence ofcontrolled substance in blood; content ofnotice. (1) A health care facility that pro-vides medical care immediately after a motorvehicle accident to a person reasonably be-lieved to be the operator of a motor vehicleinvolved in the accident shall notify any lawenforcement officer who is at the health carefacility and is acting in an official capacityin relation to the motor vehicle accident ifthe health care facility becomes aware, as aresult of any blood test performed in thecourse of that treatment, that:

(a) The person’s blood alcohol level meetsor exceeds the percent specified in ORS813.010; or

(b) The person’s blood contains a con-trolled substance, as defined in ORS 475.005.

(2) If a health care facility is required tonotify a law enforcement officer of test re-sults under subsection (1) of this section andno law enforcement officer is present in anofficial capacity at the health care facility,the health care facility shall notify a lawenforcement agency in the county in whichthe accident occurred, or an Oregon StatePolice dispatch center, as soon as possiblebut no more than 72 hours after becomingaware of the results of the blood test.

(3) A notice required under this sectionmust consist of:

(a) The name of the person being treated;(b) The blood alcohol level and name and

level of any controlled substance disclosedby the test; and

(c) The date and time of the administra-tion of the test.

(4) ORS 40.225 to 40.295 do not affect therequirement to provide notice imposed bythis section, and the health care facility shallnot be considered to have breached any dutyunder ORS 40.225 to 40.295 owed to the per-son 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 partic-ipating in report pursuant to ORS676.260. No action or administrative pro-ceeding shall be brought against anyone par-ticipating in good faith in providing noticepursuant to ORS 676.260 and any personparticipating in providing notice shall have



immunity from any liability, civil or crimi-nal, and from any professional disciplinaryaction, that might otherwise be incurred orimposed with respect to the notification orthe content of the notice. Any such partic-ipant shall have the same immunity with re-spect to participating in any judicialproceeding resulting from the notice. [1995c.546 §2; 2003 c.89 §3]

676.300 Authority of health care pro-vider to notify law enforcement agencythat patient who is under influence ofintoxicants is about to drive vehicle; im-munity. (1) If a health care provider who isproviding emergency medical care in ahealth care facility to a person has reason tobelieve that the person is under the influenceof intoxicants and is about to drive a motorvehicle on a highway as defined in ORS801.305 or a premises open to the public asdefined in ORS 801.400 and is a clear andpresent danger to society, the health careprovider may notify as soon as reasonablypossible the law enforcement agency whichhas jurisdiction over the health care facilitysite.

(2) The notice shall consist of the nameand physical description of the person beingtreated and the fact that the health careprovider believes the person is intoxicatedand is about to drive a motor vehicle as de-scribed in subsection (1) of this section.

(3) The health care provider may informthe person if the health care provider intendsto notify the law enforcement agency de-scribed in subsection (1) of this section. Theperson’s consent is not required.

(4) Anyone participating in good faith inthe making of a report or not making a re-port pursuant to subsections (1) to (3) of thissection shall have immunity from any liabil-ity, civil or criminal, that might otherwisebe incurred or imposed with respect to themaking or the content of such report. Anysuch participant shall have the same immu-nity with respect to participating in any ju-dicial proceeding resulting from such report.[Formerly 441.827]

MISCELLANEOUS676.303 Purposes of health profes-

sional regulatory boards; authority ofboards to require fingerprints. (1) As usedin this section:

(a) “Health professional regulatoryboard” means the agencies listed in ORS676.160 and the Oregon Health LicensingAgency created in ORS 676.605.

(b) “Impairment” means an inability topractice with reasonable competence andsafety due to the habitual or excessive use

of drugs or alcohol, other chemical depend-ency or a mental health condition.

(c) “License” means a license, registra-tion, certification or other authorization toengage in a profession.

(d) “Licensee” means a person licensed,registered, certified or otherwise authorizedby a health professional regulatory board toengage in a profession.

(2) All health professional regulatoryboards shall operate with the primary pur-poses of promoting the quality of health ser-vices provided, protecting the public health,safety and welfare by ensuring that licenseespractice with professional skill and safetyand addressing impairment among licensees.

(3) For the purpose of requesting a stateor nationwide criminal records check underORS 181.534, a health professional regulatoryboard may require the fingerprints of a li-censee seeking renewal of a license, an ap-plicant for a license, a board employee orvolunteer or an applicant for employmentwith the board. [2009 c.756 §1]

676.306 Executive directors; reports;rules. (1) As used in this section, “healthprofessional regulatory board” means ahealth professional regulatory board de-scribed in ORS 676.160 other than the Ore-gon Health Authority with regard to thelicensure of emergency medical services pro-viders.

(2) Subject to applicable provisions of theState Personnel Relations Law and the ap-proval of the Governor, notwithstanding ORS182.468, each health professional regulatoryboard shall appoint an executive director andprescribe the duties and fix the compensationof the executive director. The executive di-rector shall serve at the pleasure of theGovernor under the direct supervision of theappointing board. The board may requestthat the Governor remove the executive di-rector.

(3) In addition to any other duties im-posed by law or otherwise required of stateagencies, the executive director shall keepall records of the board and discharge allduties prescribed by the board.

(4) The executive director shall prepareperiodic reports regarding the licensing,monitoring and investigative activities of theboard. The executive director shall submitthe reports to the board and the Governor.The Oregon Department of AdministrativeServices, in consultation with the board,shall adopt rules specifying requirements forthe report content and processes for prepar-ing and submitting the reports. The rulesmay be consistent with performance manage-ment measures and processes initiated by thedepartment. The rules shall require each



board to undergo a peer review of board ac-tivities by a team of executive directors ofother health professional regulatory boardsand at least one public member. The depart-ment may assess the board for the cost of thepeer review. [2009 c.756 §4; 2011 c.703 §46; 2011 c.720§214]

676.310 Fees for laboratory testing;itemized billing; failure to comply consid-ered unprofessional conduct. (1) Any per-son authorized by law to order laboratorytesting may charge a reasonable fee for alllaboratory and other specialized testing per-formed by the practitioner or by a person inthe practitioner’s employ. In addition, thepractitioner is entitled to charge a reason-able fee for collecting and preparing speci-mens to be sent to independent persons orlaboratories for testing, and for the prepara-tion of the billing to the patient for the test.However, a practitioner shall not mark up,or charge a commission or make a profit onservices rendered by an independent personor laboratory.

(2) A practitioner shall prepare an item-ized billing, indicating the charges for eachservice rendered to the patient. Any servicesrendered to the patient that were performedby persons other than those in the directemploy of the practitioner and the chargestherefor shall be indicated separately on thepatient’s bill.

(3) Failure to comply with the require-ments of this section shall be considered tobe unprofessional conduct and may be sub-ject to disciplinary action by the appropriatelicensing board. (4) As used in this section,“practitioner” means a person licensed topractice medicine, dentistry, naturopathicmedicine or chiropractic or to be a nursepractitioner. [1979 c.428 §1]

676.330 Approved osteopathic resi-dency training and certification includedas medical specialty certification. Anyhealth care entity, hospital, hospital medicalstaff, health care service contractor, inde-pendent practice association, health insur-ance company or any other entity thatrequires physicians to be certified or eligiblefor certification in a medical specialty shallinclude residency training and certificationapproved by the American Osteopathic Asso-ciation and the American Board of MedicalSpecialties. [1995 c.627 §1]

676.340 Limitations on liability ofhealth practitioners providing health careservices without compensation; require-ments; exceptions; attorney fees; applica-bility. (1) Notwithstanding any otherprovision of law, a health practitioner de-scribed in subsection (7) of this section who

has registered under ORS 676.345 and whoprovides health care services without com-pensation is not liable for any injury, deathor other loss arising out of the provision ofthose services, unless the injury, death orother loss results from the gross negligenceof the health practitioner.

(2) A health practitioner may claim thelimitation on liability provided by this sec-tion only if the patient receiving health careservices, or a person who has authority un-der law to make health care decisions for thepatient, signs a statement that notifies thepatient that the health care services areprovided without compensation and that thehealth practitioner may be held liable fordeath, injury or other loss only to the extentprovided by this section. The statement re-quired under this subsection must be signedbefore the health care services are provided.

(3) A health practitioner may claim thelimitation on liability provided by this sec-tion only if the health practitioner obtainsthe patient’s informed consent for the healthcare services before providing the services,or receives the informed consent of a personwho has authority under law to make healthcare decisions for the patient.

(4) A health practitioner provides healthcare services without compensation for thepurposes of subsection (1) of this sectioneven though the practitioner requires pay-ment of laboratory fees, testing services andother out-of-pocket expenses.

(5) A health practitioner provides healthcare services without compensation for thepurposes of subsection (1) of this sectioneven though the practitioner provides ser-vices at a health clinic that receives com-pensation from the patient, as long as thehealth practitioner does not personally re-ceive compensation for the services.

(6) In any civil action in which a healthpractitioner prevails based on the limitationon liability provided by this section, thecourt shall award all reasonable attorneyfees incurred by the health practitioner indefending 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 679.060to 679.180. [1999 c.771 §1; 1999 c.771 §3; 2005 c.462§2]

676.345 Registration program forhealth care professionals claiming liabil-ity limitation; program requirements. (1)A health practitioner described in ORS676.340 (7) may claim the liability limitationprovided by ORS 676.340 only if the healthpractitioner has registered with a healthprofessional regulatory board in the mannerprovided by this section. Registration underthis section must be made:

(a) By a physician or physician assistant,with the Oregon Medical Board;

(b) By a nurse, nurse practitioner orclinical nurse specialist, with the OregonState Board of Nursing; and

(c) By a dentist or dental hygienist, withthe Oregon Board of Dentistry.

(2) The health professional regulatoryboards listed in subsection (1) of this sectionshall establish a registration program for thehealth practitioners who provide health careservices without compensation and who wishto be subject to the liability limitation pro-vided by ORS 676.340. All health practition-ers registering under the program mustprovide the health professional regulatoryboard with:

(a) A statement that the health practi-tioner will provide health care services topatients without compensation, except forreimbursement for laboratory fees, testingservices and other out-of-pocket expenses;

(b) A statement that the health practi-tioner will provide the notice required byORS 676.340 (2) in the manner provided byORS 676.340 (2) before providing the services;and

(c) A statement that the health practi-tioner will only provide health care serviceswithout compensation that are within thescope of the health practitioner’s license.

(3) Registration under this section mustbe made annually. The health professionalregulatory boards listed in subsection (1) ofthis section shall charge no fee for registra-tion under this section. [1999 c.771 §2; 1999 c.771§4; 2005 c.462 §3]

676.350 Authority of health profes-sional regulatory boards to adopt rulespermitting expedited partner therapy. (1)As used in this section:

(a) “Expedited partner therapy” meansthe practice of prescribing or dispensing an-tibiotic drugs for the treatment of a sexuallytransmitted disease to the partner of a pa-tient without first examining the partner ofthe patient.

(b) “Partner of a patient” means a personwhom a patient diagnosed with a sexuallytransmitted disease identifies as a sexualpartner of the patient.

(c) “Practitioner” has the meaning giventhat term in ORS 475.005.

(2) A health professional regulatoryboard, as defined in ORS 676.160, may adoptrules permitting practitioners to practice ex-pedited partner therapy. If a board adoptsrules permitting practitioners to practice ex-pedited partner therapy, the board shall con-sult with the Oregon Health Authority todetermine which sexually transmitted dis-eases are appropriately addressed with expe-dited partner therapy.

(3) A prescription issued in the practiceof expedited partner therapy authorized bythe rules of a board is valid even if the nameof the patient for whom the prescription isintended is not on the prescription.

(4) The authority shall make availableinformational material about expedited part-ner therapy that a practitioner may distrib-ute to patients. [2009 c.522 §1; 2011 c.720 §215]

676.360 Pelvic examinations. (1) A per-son may not knowingly perform a pelvic ex-amination on a woman who is anesthetizedor unconscious in a hospital or medicalclinic unless:

(a) The woman or a person authorized tomake health care decisions for the womanhas given specific informed consent to theexamination;

(b) The examination is necessary for di-agnostic or treatment purposes; or

(c) A court orders the performance of theexamination for the collection of evidence.

(2) A person who violates subsection (1)of this section is subject to discipline by anylicensing board that licenses the person. [2011c.200 §1]

676.400 Racial and ethnic compositionof regulated health professions; findings;duties of health professional regulatoryboards. (1) It is the intention of the Legis-lative Assembly to achieve the goal of uni-versal access to adequate levels of highquality health care at an affordable cost forall Oregonians, regardless of ethnic or cul-tural background.

(2) The Legislative Assembly finds that:(a) Access to health care is of value

when it leads to treatment that substantiallyimproves health outcomes;

(b) Health care is most effective when itaccounts for the contribution of culture tohealth status and health outcomes;



(c) Ethnic and racial minorities experi-ence more than their statistically fair shareof undesirable health outcomes;

(d) The lack of licensed health care pro-fessionals from ethnic and racial minoritiesor who are bilingual contributes to the inad-equacy of health outcomes in communitiesof color in this state; and

(e) The development of a partnership be-tween health professional regulatory boardsand communities of color to increase therepresentation of people of color and bilin-gual people in health care professions hassignificant potential to improve the healthoutcomes of people of color and bilingualcitizens of this state.

(3) Health professional regulatory boardsshall establish programs to increase the rep-resentation of people of color and bilingualpeople on the boards and in the professionsthat they regulate. Such programs must in-clude activities to promote the education,recruitment and professional practice ofmembers of these targeted populations inOregon.

(4) Each health professional regulatoryboard shall maintain records of the racialand ethnic makeup of applicants and profes-sionals regulated by the board. Such infor-mation shall be requested from applicantsand the professionals regulated who shall beinformed in writing that the provision ofsuch information is voluntary and not re-quired.

(5) Each health professional regulatoryboard shall report biennially to the Legisla-tive Assembly in the manner required byORS 192.245. The report shall contain:

(a) Data detailing the efforts of the boardto comply with the requirements of subsec-tion (3) of this section; and

(b) Data collected under subsection (4) ofthis section documenting the ethnic and ra-cial makeup of the applicants and of theprofessionals regulated by the board.

(6) For purposes of this section, “healthprofessional regulatory board” has the mean-ing given that term in ORS 676.160. [2001 c.973§1]

676.405 Release of personal informa-tion. (1) As used in this section, “healthprofessional regulatory board” means theagencies listed in ORS 676.160 and the Ore-gon Health Licensing Agency created in ORS676.605.

(2) Notwithstanding ORS 192.410 to192.505, a health professional regulatoryboard may, at its discretion, release or with-hold the personal electronic mail address,home address and personal telephone numberfor a person licensed, registered or certified

by the board. If the personal electronic mailaddress, home address or personal telephonenumber is requested for a public health orstate health planning purpose, the boardshall release the information. [2009 c.756 §3]

676.410 Information required for issu-ance or renewal of certain licenses; con-fidentiality; fees. (1) As used in this section,“healthcare workforce regulatory board”means the:

(a) Occupational Therapy LicensingBoard;

(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 re-newal of a license by a healthcare workforceregulatory board shall provide the informa-tion prescribed by the Office for OregonHealth Policy and Research pursuant to sub-section (3) of this section.

(b) Except as provided in subsection (4)of this section, a healthcare workforce regu-latory board may not approve a subsequentapplication for a license or renewal of a li-cense until the applicant provides the infor-mation.

(3) The Administrator for the Office forOregon Health Policy and Research shallcollaborate with the healthcare workforceregulatory boards to adopt rules for themanner, form and content for reporting, andthe information that must be provided to ahealthcare workforce regulatory board undersubsection (2) of this section, which may in-clude:

(a) Demographics, including race andethnicity.

(b) Education information.(c) License information.(d) Employment information.(e) Primary and secondary practice infor-

mation.(f) Anticipated changes in the practice.(g) Languages spoken.(4)(a) A healthcare workforce regulatory

board shall report healthcare workforce in-formation collected under subsection (2) ofthis section to the Office for Oregon HealthPolicy and Research.

(b) A healthcare workforce regulatoryboard shall keep confidential and not releasepersonally identifiable data collected underthis section for a person licensed, registered



or certified by a board. This paragraph doesnot apply to the release of information to alaw enforcement agency for investigativepurposes or to the release to the Office forOregon Health Policy and Research for statehealth planning purposes.

(5) The requirements of subsection (2) ofthis section apply to an applicant for issu-ance or renewal of a license who is or whois applying to become:

(a) An occupational therapist or certifiedoccupational therapy assistant as defined inORS 675.210;

(b) A physician as defined in ORS677.010;

(c) A physician assistant as defined inORS 677.495;

(d) A nurse or nursing assistant licensedor certified under ORS 678.010 to 678.410;

(e) A dentist or dental hygienist as de-fined in ORS 679.010;

(f) A physical therapist or physical ther-apist assistant as defined in ORS 688.010;

(g) A pharmacist or pharmacy technicianas defined in ORS 689.005; or

(h) A licensed dietitian, as defined inORS 691.405.

(6) A healthcare workforce regulatoryboard may adopt rules as necessary to per-form the board’s duties under this section.

(7) In addition to licensing fees that maybe imposed by a healthcare workforce regu-latory board, the Oregon Health PolicyBoard shall establish fees to be paid by ap-plicants for issuance or renewal of licensesreasonably calculated to reimburse the ac-tual cost of obtaining or reporting informa-tion as required by subsection (2) of thissection. [2009 c.595 §1175; 2011 c.630 §23]

676.440 Duty of health professionalregulatory boards to encourage multidis-ciplinary pain management services. (1)Health professional regulatory boards shallencourage the development of state-of-the-artmultidisciplinary pain management servicesand the availability of these services to thepublic.

(2) As used in subsection (1) of this sec-tion, “health professional regulatory boards”means the:

(a) Oregon Medical Board;(b) Oregon Board of Naturopathic Medi-

cine;(c) Oregon Board of Dentistry;(d) Oregon State Board of Nursing;(e) Physical Therapist Licensing Board;(f) State Board of Chiropractic Examin-

ers;

(g) State Board of Pharmacy; and(h) State Board of Psychologist Examin-

ers. [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 BreastExaminations. (1) The Task Force on Oregon Curric-ulum and Training Standards for Performing ClinicalBreast Examinations is established. The Governor shallappoint nine members to the task force as follows:

(a) One representative of a statewide associationof physicians;

(b) One representative of a statewide associationof nurses;

(c) One representative of a statewide associationof family physicians;

(d) One representative of a statewide associationof physician assistants;

(e) One representative of a statewide associationof 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 de-

layed breast cancer diagnoses in Oregon;(b) Review existing clinical breast examination

curricula and training standards at medical schools andhospitals in this state;

(c) Review existing clinical breast examinationcurricula and training standards for health care pro-viders in this state;

(d) Identify deficiencies in increasing awarenessabout the need for health care provider training thatreflects evolving best practices for breast cancerscreening;

(e) Explore whether this state should adopt astandardized clinical breast examination protocol; and

(f) Explore whether this state should require clin-ical breast examination providers to follow a standard-ized clinical breast examination protocol.

(3) A majority of the members of the task forceconstitutes a quorum for the transaction of business.

(4) Official action by the task force requires theapproval of a majority of the members of the task force.

(5) The task force shall elect one of its members toserve as chairperson.

(6) If there is a vacancy for any cause, the Gover-nor shall make an appointment to become immediatelyeffective.

(7) The task force shall meet at times and placesspecified by the call of the chairperson or of a majorityof the members of the task force.

(8) The task force may adopt rules necessary forthe operation of the task force.

(9) The task force shall submit a report, and mayinclude recommendations for legislation, to the Legisla-tive Assembly as provided in ORS 192.245 or to an in-terim committee of the Legislative Assembly related tohealth care no later than the date of the convening ofthe 2013 regular session of the Legislative Assembly asspecified in ORS 171.010 [February 4, 2013].



(10) The task force may accept gifts, grants orcontributions from public or private source for thepurpose of carrying out the duties of the task force.

(11) Members of the task force are not entitled tocompensation or reimbursement for expenses and serveas volunteers on the task force.

(12) All agencies of state government, as defined inORS 174.111, are directed to assist the task force in theperformance of its duties and, to the extent permittedby laws relating to confidentiality, to furnish such in-formation and advice as the members of the task forceconsider necessary to perform their duties. [2011 c.425§1]

Sec. 2. Section 1 of this 2011 Act is repealed on thedate of the convening of the 2014 regular session of theLegislative Assembly as specified in ORS 171.010[February 3, 2014]. [2011 c.425 §2]

SUBSIDIES FOR MEDICALPROFESSIONAL

LIABILITY INSURANCE676.550 Subsidies for medical profes-

sional liability insurance; rules. (1) Asused in this section:

(a) “Medical assistance” has the meaninggiven that term in ORS 414.025.

(b) “Medicare” means medical coverageprovided under Title XVIII of the Social Se-curity Act.

(c)(A) “Practitioner” means a physicianlicensed under ORS chapter 677 or a nursepractitioner certified under ORS 678.375 whohas a rural practice that meets criteria es-tablished by the Office of Rural Health thatapplied as of January 1, 2004, for the pur-poses of ORS 315.613.

(B) “Practitioner” does not include aphysician or nurse practitioner who is lo-cated in an urbanized area of JacksonCounty, as defined by the United StatesCensus Bureau according to the most recentfederal decennial census taken pursuant tothe authority of the United States Depart-ment of Commerce under 13 U.S.C. 141(a),unless the practitioner is:

(i) A physician who specializes inobstetrics or who specializes in family orgeneral practice and provides obstetrical ser-vices; or

(ii) A nurse practitioner who is certifiedfor obstetric care.

(2) The Oregon Health Authority shallestablish a program to provide payments tomedical professional liability insurance in-surers to subsidize the cost of premiumscharged by the insurers to practitioners de-scribed in subsection (3) of this section.

(3) A practitioner is eligible for a subsidyunder this section if the practitioner:

(a) Holds an active, unrestricted licenseor certification;

(b) Is covered by a medical professionalliability insurance policy issued by an au-

thorized insurer with minimum limits of cov-erage of $1 million per occurrence and $1million annual aggregate; and

(c) Except for a nurse practitioner par-ticipating in the program who is employedby a licensed physician, is willing to servepatients with Medicare coverage and patientsreceiving medical assistance in at least thesame proportion to the practitioner’s totalnumber of patients as the Medicare andmedical assistance populations represent ofthe total number of individuals determinedby the Office of Rural Health to be in needof care in the areas served by the practice.

(4) A practitioner whose medical profes-sional liability insurance coverage is pro-vided through a health care facility, asdefined in ORS 442.400, and who otherwisemeets the requirements of subsection (3) ofthis section is eligible for a subsidy if theoffice determines that the practitioner:

(a) Is not an employee of the health carefacility;

(b) Is covered by a medical professionalliability insurance policy that names thepractitioner and separately calculates thepremium for the practitioner; and

(c) Fully reimburses the health care fa-cility for the premium calculated for thepractitioner.

(5) The Oregon Health Authority shallcontract with the Office of Rural Health toestablish by rule criteria and procedures foran annual attestation by participating prac-titioners of compliance with the require-ments of subsection (3)(c) of this section.[2011 c.560 §1]

676.552 Amount of subsidy. (1)(a) Theamount of the subsidy paid by the OregonHealth Authority under ORS 676.550 shall bea percentage of the actual premium chargedfor medical professional liability insurancewith limits of coverage of $1 million per oc-currence and up to $3 million annual aggre-gate. However, the premium subsidy for apractitioner referred to in paragraph (b)(C)or (D) of this subsection shall be the lesserof the percentage of the premium due or paidfor the current calendar year and the pre-mium paid in the previous calendar year.When determining the lesser amount underthis paragraph, any step increases in thepremium owing to the claims-made nature ofthe policy may not be considered.

(b) The subsidy paid by the OregonHealth Authority under ORS 676.550 shallbe:

(A) Eighty percent for physicians spe-cializing in obstetrics and nurse practitionerscertified for obstetric care;



(B) Sixty percent for physicians special-izing in family or general practice who pro-vide obstetrical services;

(C) Forty percent for physicians andnurse practitioners engaging in one or moreof the following practices:

(i) Family practice without obstetricalservices;

(ii) General practice without obstetricalservices;

(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 includedin subparagraphs (A) to (C) of this para-graph.

(2) If the funds available for the subsidyprogram are insufficient to provide the max-imum premium subsidy for all practitionerswho qualify for the program, the authorityshall reduce or eliminate subsidies for prac-titioners described in subsection (1)(b)(D) ofthis section. If, after eliminating subsidies forpractitioners described in subsection (1)(b)(D)of this section, the funds are insufficient toprovide the maximum premium subsidies forthe remaining practitioners, the authorityshall also reduce or eliminate the subsidiesfor practitioners described in subsection(1)(b)(C) of this section.

(3) An insurer shall reduce the premiumcharged to a practitioner by the amount ofany premium subsidy paid or to be paid un-der this section and ORS 676.550. [2011 c.560§2]

676.554 Report to legislature. On orbefore January 31 of each odd-numberedyear, the Director of the Oregon Health Au-thority shall report in the manner providedby ORS 192.245 to the Legislative Assemblyon the performance of the program estab-lished under ORS 676.550. [2011 c.560 §6]

676.556 Rural Medical Liability Sub-sidy Fund. (1) The Rural Medical LiabilitySubsidy Fund is established in the StateTreasury separate and distinct from theGeneral Fund. The Rural Medical LiabilitySubsidy Fund is established for the purposeof providing payments under the subsidyprogram established under ORS 676.550. In-terest earned by the Rural Medical LiabilitySubsidy Fund shall be credited to the fund.All moneys in the fund are continuously ap-propriated to the Oregon Health Authority.

(2) All moneys received by the OregonHealth Authority for the purposes of the

subsidy program established in ORS 676.550shall be deposited to the Rural Medical Li-ability Subsidy Fund.

(3) All payments authorized to be madeby the authority under the subsidy programestablished under ORS 676.550 shall be madefrom the Rural Medical Liability SubsidyFund. [2011 c.560 §3]

OREGON HEALTH LICENSINGAGENCY

676.600 [1999 c.885 §1; repealed by 2005 c.648 §121]

676.605 Purpose of Oregon Health Li-censing Agency. (1) To provide for the moreeffective coordination of administrative andregulatory functions of certain health boards,councils and programs involved in protectingthe public through the licensing and regu-lation of health-related professions and occu-pations practiced in this state under uniformmission and goals, there is hereby createdthe Oregon Health Licensing Agency.

(2) The mission of the agency is to servethe public by providing a uniform structureand accountability for the boards, councilsand programs under its administration toprotect the public from harm. The agency’sfocus is to:

(a) Promote effective health policy thatprotects the public from incompetent or un-authorized individuals and allows consumersto select a provider from a range of safeoptions.

(b) Provide outreach and training tostakeholders to improve compliance withpublic health and safety standards, and toinvolve stakeholders in the regulation of thevarious disciplines and fields of practice.

(c) Form partnerships and work in col-laboration with each constituency, local andstate governmental agencies, educators, or-ganizations and other affected entities to en-courage diverse opinions and perspectives.

(d) Provide the boards, councils and pro-grams with a standardized administrative fo-rum and procedures for operation, fiscalservices, licensing, enforcement and com-plaint resolution.

(e) Resolve disputes between regulatoryentities regarding the scope of practice ofpersons licensed by those entities. [1999 c.885§2; 2001 c.54 §1; 2005 c.648 §1]

676.606 Oversight and centralized ser-vice by agency. Pursuant to ORS 676.607,the Oregon Health Licensing Agency shallprovide administrative and regulatory over-sight and centralized service for the follow-ing boards, advisory councils and programs:

(1) Board of Athletic Trainers, as pro-vided in ORS 688.701 to 688.734;



(2) Board of Cosmetology, as provided inORS 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 Mid-wifery, as provided in ORS 687.405 to 687.495;

(5) Respiratory Therapist and Polysomno-graphic Technologist Licensing Board, asprovided in ORS 688.800 to 688.840;

(6) Environmental Health RegistrationBoard, as provided in ORS chapter 700;

(7) Board of Body Art Practitioners, asprovided in ORS 690.350 to 690.415;

(8) Advisory Council on Hearing Aids, asprovided in ORS 694.015 to 694.185;

(9) Sex Offender Treatment Board, asprovided 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 pro-vided 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; enu-meration of powers not exclusive; rules.(1) The Oregon Health Licensing Agency isresponsible for the administration and regu-latory oversight of the boards, councils andprograms listed in ORS 676.606. The respon-sibilities of the agency include, but are notlimited to:

(a) Budgeting;(b) Record keeping;(c) Staffing;(d) Contracting;(e) Consumer protection and investigat-

ing complaints;(f) Approving and collecting fees;(g) Establishing and administering uni-

form application processes for the issuanceof certificates, licenses, permits and registra-tions;

(h) Issuing and renewing certificates, li-censes, permits and registrations;

(i) Conditioning, limiting, suspending, re-voking or refusing to issue or renew a cer-tificate, license, permit or registration orotherwise disciplining applicants, certificateholders, licensees, permit holders and regis-tration holders;

(j) Sanctioning any examination serviceprovider, interpreter or proctor who is undercontract or agreement with the agency andwho compromises the security, confidential-ity or integrity of examinations developed orconducted pursuant to the statutory author-ity of the boards and councils listed in ORS676.606;

(k) Enforcing all administrative rulesadopted under any statute the agency ischarged with enforcing, including board,council and program administrative rules es-tablishing professional code of conduct andpractice standards, continuing education re-quirements, the scope of professional practiceand requirements for obtaining informedconsent before providing certain services orperforming any procedure on clients;

(L) Preparing, tracking and reportingagency performance measures;

(m) Implementing regulatory streamlininginitiatives to reduce regulatory burdenswithout compromising regulatory standards;

(n) Preparing and circulating printed andelectronic materials for educating or other-wise assisting applicants, certificate holders,licensees, permit holders and registrationholders and the public;

(o) Adopting rules for the issuance ofwaivers or provisional authorizations topractice, and establishing special conditionsof practice, during a state of emergency de-clared by the Governor under ORS 401.165;

(p) Referring impaired practitioners to adiversion program approved or recognized bythe agency and establishing criteria by rulefor monitoring the impaired practitioner’sprogress and successful completion of theprogram; and

(q) Establishing requirements for addi-tional education, training or supervised ex-perience to achieve compliance with the lawsand rules governing professional practice.

(2) The enumeration of duties, functionsand powers in subsection (1) of this sectionis not intended to be exclusive or to limit theduties, functions and powers imposed on orvested in the agency by other statutes. [1999c.885 §3; 2005 c.648 §3; 2009 c.701 §9]

676.608 Investigative authority; con-duct of investigation. (1) As used in thissection:

(a) “Holder” means a person who holdsa certificate, license, permit or registrationto practice issued by the Oregon Health Li-censing Agency.

(b) “Public entity” has the meaning giventhat term in ORS 676.177.

(2)(a) The agency shall carry out all in-vestigatory duties.

(b) Upon its own motion, the agency mayinitiate and conduct investigations of mattersrelating to the practice of occupations orprofessions subject to the authority of theboards, councils and programs listed in ORS676.606.

(c) When the agency receives a complaintby any person against a holder, the agency



shall investigate the complaint as provided inORS 676.165.

(3) While conducting an investigationauthorized under subsection (2) of this sec-tion or a hearing related to an investigation,the agency may:

(a) Take evidence;(b) Administer oaths;(c) Take the depositions of witnesses, in-

cluding the person charged;(d) Compel the appearance of witnesses,

including the person charged;(e) Require answers to interrogatories;(f) Compel the production of books, pa-

pers, accounts, documents and testimonypertaining to the matter under investigation;and

(g) Conduct criminal and civil back-ground checks to determine conviction of acrime that bears a demonstrable relationshipto the field of practice.

(4) In exercising its authority under thissection, the agency may issue subpoenas overthe signature of the Director of the OregonHealth Licensing Agency or designated em-ployee thereof and in the name of the Stateof Oregon.

(5) If a person fails to comply with asubpoena issued under this section, the judgeof the Circuit Court for Marion County maycompel obedience by initiating proceedingsfor contempt as in the case of disobedienceof the requirements of a subpoena issuedfrom the court.

(6) If necessary, the director, or an em-ployee designated by the director, may ap-pear before a magistrate empowered to issuewarrants in criminal cases to request thatthe magistrate issue a warrant. The magis-trate shall issue a warrant, directing it toany sheriff or deputy or police officer, to en-ter the described property, to remove anyperson or obstacle, to defend any threatenedviolence to the director or a designee of thedirector or an officer, upon entering privateproperty, or to assist the director in enforc-ing the agency’s authority in any way.

(7) In all investigations and hearings, theagency and any person affected thereby mayhave the benefit of counsel.

(8) If a holder who is the subject of acomplaint or an investigation is to appearbefore the agency, the agency shall providethe holder with a current summary of thecomplaint or the matter being investigatednot less than 10 days before the date that theholder is to appear. At the time the summaryof the complaint or the matter being investi-gated is provided, the agency shall providethe holder with a current summary of docu-

ments or alleged facts that the agency hasacquired as a result of the investigation. Thename of the complainant may be withheldfrom the holder.

(9) A holder who is the subject of an in-vestigation, and any person acting on behalfof the holder, may not contact the complain-ant until the holder has requested a con-tested case hearing and the agency hasauthorized the taking of the complainant’sdeposition pursuant to ORS 183.425.

(10) Except in an investigation or pro-ceeding conducted by the agency or anotherpublic entity, or in an action, suit or pro-ceeding in which a public entity is a party,a holder may not be questioned or examinedregarding any communication with theagency made in an appearance before theagency as part of an investigation.

(11) This section does not prohibit exam-ination or questioning of a holder regardingrecords about the holder’s care and treat-ment of a patient or affect the admissibilityof those records. [2003 c.547 §1; 2005 c.648 §4; 2009c.701 §10; 2009 c.756 §§5a,92]

676.609 Disclosure of records. (1) If theOregon Health Licensing Agency intends todisclose a record pursuant to ORS 676.608,the agency shall:

(a) Send a notice of the intended disclo-sure to the person who is the subject of acomplaint or an investigation by first classmail at least 14 days before the disclosuredate; and

(b) Describe in the notice the type of re-cord being disclosed in sufficient detail toallow the person who is the subject of acomplaint or an investigation to understandthe contents of the record that the agencyintends to disclose.

(2) The agency shall disclose informationobtained as part of an investigation of a per-son charged if another person requesting theinformation demonstrates by clear and con-vincing evidence that the public interest indisclosure outweighs other interests in non-disclosure, including but not limited to thepublic interest in nondisclosure. [2009 c.701 §2]

676.610 Director; appointment andqualifications; responsibilities; duties.(1)(a) The Oregon Health Licensing Agencyis under the supervision and control of a di-rector, who is responsible for the perform-ance of the duties, functions and powers andfor the organization of the agency.

(b) The Director of the Oregon Depart-ment of Administrative Services shall estab-lish the qualifications for and appoint theDirector of the Oregon Health LicensingAgency, who holds office at the pleasure ofthe Director of the Oregon Department ofAdministrative Services.



(c) The Director of the Oregon HealthLicensing Agency shall receive a salary asprovided by law or, if not so provided, asprescribed by the Director of the OregonDepartment of Administrative Services.

(d) The Director of the Oregon HealthLicensing Agency is in the unclassified ser-vice.

(2) The Director of the Oregon HealthLicensing Agency shall provide the boards,councils and programs administered by theagency with such services and employees asthe agency requires to carry out the agency’sduties. Subject to any applicable provisionsof the State Personnel Relations Law, theDirector of the Oregon Health LicensingAgency shall appoint all subordinate officersand employees of the agency, prescribe theirduties and fix their compensation.

(3) The Director of the Oregon HealthLicensing Agency is responsible for carryingout the duties, functions and powers underORS 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, 690.350to 690.415, 691.405 to 691.485 and 694.015 to694.185 and ORS chapter 700.

(4) The enumeration of duties, functionsand powers in subsection (3) of this sectionis not intended to be exclusive or to limit theduties, functions and powers imposed on orvested in the Oregon Health LicensingAgency by other statutes. [1999 c.885 §6; 2001c.324 §1; 2005 c.648 §5; 2007 c.841 §14; 2009 c.701 §11; 2009c.768 §28; 2011 c.346 §25; 2011 c.630 §15]

676.611 Duty of director to keep re-cords and prepare reports; peer reviewof agency activities; rules. (1) In additionto any other duties imposed by law or other-wise required of state agencies, the Directorof the Oregon Health Licensing Agency shallkeep all records of the agency and dischargeall duties prescribed by the agency.

(2) The director shall prepare periodicreports regarding the licensing, monitoringand investigative activities of the agency.The director shall submit the reports to theGovernor. The Oregon Department of Ad-ministrative Services, in consultation withthe agency, shall adopt rules specifying re-quirements for the report content and proc-esses for preparing and submitting thereports. The rules may be consistent withperformance management measures andprocesses initiated by the department. Therules shall require the agency to undergo apeer review of agency activities by a teamof executive directors of health professionalregulatory boards, as defined in ORS 676.160,and at least one public member of a healthprofessional regulatory board. The depart-

ment may assess the agency for the cost ofthe peer review. [2009 c.756 §5c]

676.612 Disciplinary authority; au-thority of agency to require fingerprints.(1) In the manner prescribed in ORS chapter183 for contested cases and as specified inORS 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 Li-censing Agency may refuse to issue or re-new, may suspend or revoke or mayotherwise condition or limit a certificate, li-cense, permit or registration to practice is-sued by the agency or may discipline or placeon probation a holder of a certificate, li-cense, permit or registration for commissionof the prohibited acts listed in subsection (2)of this section.

(2) A person subject to the authority ofa board, council or program listed in ORS676.606 commits a prohibited act if the per-son engages in:

(a) Fraud, misrepresentation, conceal-ment of material facts or deception in apply-ing for or obtaining an authorization topractice in this state, or in any written ororal communication to the agency concern-ing the issuance or retention of the authori-zation.

(b) Using, causing or promoting the useof any advertising matter, promotional liter-ature, testimonial, guarantee, warranty, la-bel, insignia or any other representation,however disseminated or published, that isfalse, misleading or deceptive.

(c) Making a representation that the cer-tificate, license, permit or registration holderknew or should have known is false or mis-leading regarding skill or the efficacy orvalue of treatment or remedy administeredby the holder.

(d) Practicing under a false, misleadingor deceptive name, or impersonating anothercertificate, license, permit or registrationholder.

(e) Permitting a person other than thecertificate, license, permit or registrationholder to use the certificate, license, permitor registration.

(f) Practicing with a physical or mentalcondition that presents an unreasonable riskof harm to the holder of a certificate, license,permit or registration or to the person orproperty of others in the course of perform-ing the holder’s duties.

(g) Practicing while under the influenceof alcohol, controlled substances or otherskill-impairing substances, or engaging in theillegal use of controlled substances or otherskill-impairing substances so as to create arisk of harm to the person or property ofothers in the course of performing the duties



of a holder of a certificate, license, permit orregistration.

(h) Failing to properly and reasonablyaccept responsibility for the actions of em-ployees.

(i) Employing, directly or indirectly, anysuspended, uncertified, unlicensed or unreg-istered person to practice a regulated occu-pation or profession subject to the authorityof the boards, councils and programs listedin ORS 676.606.

(j) Unprofessional conduct, negligence,incompetence, repeated violations or any de-parture from or failure to conform to stan-dards of practice in performing services orpracticing in a regulated occupation or pro-fession subject to the authority of the boards,councils and programs listed under ORS676.606.

(k) Conviction of any criminal offense,subject to ORS 670.280. A copy of the recordof conviction, certified by the clerk of thecourt entering the conviction, is conclusiveevidence of the conviction. A plea of no con-test or an admission of guilt shall be consid-ered a conviction for purposes of thisparagraph.

(L) Failing to report any adverse action,as required by statute or rule, taken againstthe certificate, license, permit or registrationholder by another regulatory jurisdiction orany peer review body, health care institution,professional association, governmentalagency, law enforcement agency or court foracts or conduct similar to acts or conductthat would constitute grounds for discipli-nary action as described in this section.

(m) Violation of a statute regulating anoccupation or profession subject to the au-thority of the boards, councils and programslisted in ORS 676.606.

(n) Violation of any rule regulating anoccupation or profession subject to the au-thority of the boards, councils and programslisted in ORS 676.606.

(o) Failing to cooperate with the agencyin any investigation, inspection or requestfor information.

(p) Selling or fraudulently obtaining orfurnishing any certificate, license, permit orregistration to practice in a regulated occu-pation or profession subject to the authorityof the boards, councils and programs listedin ORS 676.606, or aiding or abetting suchan act.

(q) Selling or fraudulently obtaining orfurnishing any record related to practice ina regulated occupation or profession subjectto the authority of the boards, councils andprograms listed in ORS 676.606, or aiding orabetting such an act.

(r) Failing to pay an outstanding civilpenalty or fee that is due or failing to meetthe terms of any order issued by the agencythat has become final.

(3) For the purpose of requesting a stateor nationwide criminal records check underORS 181.534, the agency may require thefingerprints of a person who is:

(a) Applying for a certificate, license,permit or registration that is issued by theagency;

(b) Applying for renewal of a certificate,license, permit or registration that is issuedby the agency; or

(c) Under investigation by the agency.(4) If the agency places a holder of a

certificate, license, permit or registration onprobation under subsection (1) of this sec-tion, the agency, in consultation with theappropriate board, council or program, maydetermine and at any time modify the condi-tions of the probation.

(5) If a certificate, license, permit or reg-istration is suspended, the holder may notpractice during the term of suspension. Uponthe expiration of the term of suspension, thecertificate, license, permit or registrationmay be reinstated by the agency if the con-ditions of suspension no longer exist and theholder has satisfied all requirements in therelevant statutes or administrative rules forissuance, 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 toall other remedies, when it appears to theOregon Health Licensing Agency that a per-son is engaged in, has engaged in or is aboutto engage in any act, practice or transactionthat violates any provision of ORS 675.360 to675.410, 676.617, 678.710 to 678.820, 680.500 to680.565, 687.405 to 687.495, 688.701 to 688.734,688.800 to 688.840, 690.005 to 690.235, 690.350to 690.415, 691.405 to 691.485 or 694.015 to694.185 or ORS chapter 700, the agency may,through the Attorney General or the districtattorney of the county in which the act,practice or transaction occurs or will occur,apply to the court for an injunction re-straining the person from the act, practiceor transaction.

(2) A court may issue an injunction un-der this section without proof of actual dam-ages. An injunction issued under this sectiondoes not relieve a person from any otherprosecution or enforcement action taken forviolation of statutes listed in subsection (1)of this section. [2003 c.547 §5; 2005 c.648 §7; 2007c.841 §16; 2009 c.768 §30; 2011 c.346 §27; 2011 c.630 §17]

676.615 Rulemaking authority. (1) Inaccordance with applicable provisions of ORSchapter 183, the Director of the Oregon



Health Licensing Agency may adopt rulesnecessary for the administration of the lawsthat the Oregon Health Licensing Agency ischarged with administering.

(2) In accordance with applicable pro-visions of ORS chapter 183, the director mayadopt rules necessary for the administrationof ORS 676.605 to 676.625 and 676.992.

(3) The agency may adopt rules estab-lishing requirements for placement of a cer-tificate, license, permit or registration issuedby the agency in a dormant status upon ap-plication by the holder and establishing con-ditions for reactivation of the certificate,license, permit or registration.

(4) Pursuant to ORS 676.605 and 676.607,the agency may adopt rules to recognizespecialties within a regulated field of prac-tice subject to the authority of the boards,councils or programs listed in ORS 676.606and may establish requirements for educa-tion, experience, examinations and super-vision as necessary to ensure public safetyand competency within the specialty. [1999c.885 §7; 2005 c.648 §8; 2009 c.701 §13]

676.617 Single facility license; rules;fees. (1) As used in this section, “single fa-cility license” means a license to provideservices in a single location in more thanone of the following fields of practice:

(a) Barbering, esthetics, hair design ornail technology, as provided in ORS 690.005to 690.235; and

(b) Electrolysis, tattooing, body piercing,dermal implanting or scarification as pro-vided in ORS 690.350 to 690.415.

(2) The Oregon Health Licensing Agencymay issue a single facility license to an ap-plicant 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 na-tural person, is formed and operated in ac-cordance with Oregon law;

(c) Has paid all required fees, as deter-mined by the agency; and

(d) Has filed an application in the formand manner required by the agency.

(3)(a) A single facility license expires an-nually, unless otherwise specified by ruleadopted by the agency, on a date determinedby the agency.

(b) A single facility license may be re-newed by submitting, prior to the expirationdate of the license, the required renewal feesand a renewal application in the form andmanner prescribed by the agency.

(c) The agency may impose a delinquencyfee or require a new application for the fail-

ure to renew a single facility license prior tothe date on which it expires.

(4) The agency shall establish by rule andcollect fees associated with single facility li-censes. 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 re-cords.

(5) All moneys received by the agencyunder this section shall be paid into theGeneral Fund of the State Treasury andcredited to the Oregon Health LicensingAgency Account, and are appropriated con-tinuously to and shall be used by the agencyas authorized by ORS 676.625.

(6) A single facility license holder shallensure that the:

(a) Single facility license is displayed inpublic view where services are being ren-dered; and

(b) Facility authorized by the single fa-cility license complies with all statutes andrules governing facilities in which servicesin the practice areas authorized by the li-cense of the holder are provided.

(7) The agency may suspend, condition,limit, revoke or refuse to issue or renew asingle facility license, or may place on pro-bation or otherwise discipline a single facil-ity license holder, for the reasons specifiedin ORS 676.612, 690.167 or 690.407 or forfailure to comply with subsection (6) of thissection. [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 mayconduct an inspection to determine whethera facility or a part of the facility that is thesubject of the inspection complies with thelicensing, safety, infection control andsterilization requirements imposed by statuteor rule of the agency or the boards, councilsand programs administered by the agency.

(2) The agency shall provide for the peri-odic inspection of facilities, business prem-ises or other locations where services areperformed by the practitioners of the occu-pations or professions subject to the author-ity of the boards, councils and programs thatare administered and regulated by the agencypursuant to ORS 676.606. [2003 c.547 §2; 2005 c.648§11]



676.620 Use of services of Oregon De-partment of Administrative Services. Inperforming its powers and duties under ORS676.605 to 676.625 and 676.992, the OregonHealth Licensing Agency may utilize the ad-ministrative assistance of the Oregon De-partment of Administrative Services. Theagency shall pay to the department a pro-portionate share of the cost of such adminis-trative services, such share to be fixed bybiennial negotiation between the agency andthe department. [1999 c.885 §13; 2001 c.104 §259; 2005c.648 §12; 2009 c.701 §15]

676.622 Electronic and facsimile sig-natures. (1) A transaction conductedthrough a state or local system or networkthat provides electronic access to the OregonHealth Licensing Agency information andservices is exempt from any requirement un-der ORS 675.360 to 675.410, 676.605 to676.625, 676.992, 680.500 to 680.565, 687.405 to687.495, 688.701 to 688.734, 688.800 to 688.840,690.005 to 690.235, 690.350 to 690.415, 691.405to 691.485 and 694.015 to 694.185 and ORSchapter 700, and rules adopted thereunder,requiring an original signature or the sub-mission of handwritten materials.

(2) Electronic signatures subject to ORS84.001 to 84.061 and facsimile signatures areacceptable and have the same force as ori-ginal signatures. [2009 c.701 §3; 2011 c.346 §29; 2011c.630 §18]

676.625 Oregon Health LicensingAgency Account; fees; record keeping;disposition of receipts. (1) The OregonHealth Licensing Agency shall establish byrule and shall collect fees and charges tocarry out the agency’s responsibilities underORS 676.605 to 676.625 and 676.992 and anyresponsibility imposed on the agency per-taining to the boards, councils and programsadministered and regulated by the agencypursuant to ORS 676.606.

(2) The Oregon Health Licensing AgencyAccount is established in the General Fundof the State Treasury. The account shallconsist of the moneys credited to the accountby the Legislative Assembly. All moneys inthe account are appropriated continuously toand shall be used by the Oregon Health Li-censing Agency for payment of expenses ofthe agency in carrying out the duties, func-tions and obligations of the agency, and forpayment of the expenses of the boards, coun-cils and programs administered and regulatedby the agency pursuant to ORS 676.606. Theagency shall keep a record of all moneyscredited to the account and report the sourcefrom which the moneys are derived and theactivity of each board, council or programthat generated the moneys.

(3) Subject to prior approval of the Ore-gon Department of Administrative Services

and a report to the Emergency Board priorto adopting fees and charges credited to theaccount, the fees and charges may not ex-ceed the cost of administering the agencyand the boards, councils and programs withinthe agency, as authorized by the LegislativeAssembly within the agency’s budget, as thebudget may be modified by the EmergencyBoard.

(4) All moneys credited to the accountpursuant 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 moneyscredited to the account from other agencyand program fees established by the agencyby rule, are continuously appropriated to theagency for carrying out the duties, functionsand powers of the agency under ORS 676.605to 676.625 and 676.992.

(5) The moneys received from civil pen-alties assessed under ORS 676.992 shall bedeposited and accounted for as are othermoneys received by the agency and shall befor the administration and enforcement ofthe statutes governing the boards, councilsand 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]

PENALTIES676.990 Criminal penalties. Violation of

any of the provisions of ORS 676.110 to676.130 is a Class C misdemeanor. [Amendedby 2011 c.597 §278]

676.992 Civil penalties. (1) Except asprovided in subsection (3) of this section, andin addition to any other penalty or remedyprovided by law, the Oregon Health Licens-ing Agency may impose a civil penalty notto exceed $5,000 for each violation of thefollowing statutes and any rule adoptedthereunder:

(a) ORS 688.701 to 688.734 (athletictraining);

(b) ORS 690.005 to 690.235 (cosmetology);(c) ORS 680.500 to 680.565 (denture tech-

nology);(d) ORS 687.405 to 687.495 (direct entry

midwifery);(e) ORS 690.350 to 690.415 (tattooing,

electrolysis, body piercing, dermal implantingand scarification);

(f) ORS 694.015 to 694.185 (dealing inhearing aids);

(g) ORS 688.800 to 688.840 (respiratorytherapy and polysomnography);

(h) ORS chapter 700 (environmental san-itation);

(i) ORS 676.617 (single facility licensure);



(j) ORS 675.360 to 675.410 (sex offendertreatment);

(k) ORS 678.710 to 678.820 (nursing homeadministrators);

(L) ORS 691.405 to 691.485 (dietitians);and

(m) ORS 676.612 (prohibited acts).(2) The agency may take any other disci-

plinary action that it finds proper, includingbut not limited to assessment of costs of dis-ciplinary proceedings, not to exceed $5,000,for violation of any statute listed in subsec-tion (1) of this section or any rule adoptedunder any statute listed in subsection (1) ofthis section.

(3) Subsection (1) of this section does notlimit the amount of the civil penalty result-ing from a violation of ORS 694.042.

(4) In imposing a civil penalty pursuantto this section, the agency shall consider thefollowing factors:

(a) The immediacy and extent to whichthe violation threatens the public health orsafety;

(b) Any prior violations of statutes, rulesor orders;

(c) The history of the person incurring apenalty in taking all feasible steps to correctany violation; and

(d) Any other aggravating or mitigatingfactors.

(5) Civil penalties under this sectionshall be imposed as provided in ORS 183.745.

(6) The moneys received by the agencyfrom civil penalties under this section shallbe paid into the General Fund of the StateTreasury and credited to the Oregon HealthLicensing Agency Account established underORS 676.625. Such moneys are continuouslyappropriated to the agency for the adminis-tration and enforcement of the laws theagency is charged with administering andenforcing that govern the person againstwhom 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]


Documents

676 - Oregon State Legislature · HEALTH PROFESSIONS GENERALLY 676.150 676.010 [Amended by 1967 c.470 §64; repealed by 1973 c.31 §5] 676.020 [Amended by 1953 c.203 §1; 1957 c.212