As used in ORS
676.100 to 676.130, unless the context requires otherwise, “person” means
and includes any “clinic,” “institute,” “specialist” or any group or
combination of persons.Any person practicing a health care profession who uses the
title “doctor,” or any contraction thereof, “clinic,” “institute,”
“specialist” or any other assumed or artificial name or title, in
connection with the business or profession, on any written or printed
matter, or in connection with any advertising, billboards, signs or
professional notices, shall add after the name of the person, or after
any such assumed or artificial names, one of the following respective
designations in letters or print which shall be at least one-fourth the
size of the largest letters used in the title or name, and in material,
color, type or illumination to give display and legibility of at least
one-fourth that of the title or name:
(1) In the case of a person practicing podiatry, the word
“podiatrist” or the words “podiatric physician” or “podiatric physician
and surgeon.”
(2) In the case of a person practicing chiropractic, the word
“chiropractor” or the words “chiropractic physician.”
(3) In the case of a person practicing dentistry, the word
“dentist” or “dentistry.”
(4) In the case of a person practicing naturopathic medicine, the
word “naturopath” or the words “naturopathic physician.”
(5) In the case of a person practicing optometry, the word
“optometrist” or the words “doctor of optometry” or “optometric
physician.”
(6) In the case of a person licensed to practice medicine by the
Board of Medical Examiners for the State of Oregon who holds the degree
of Doctor of Osteopathy, or the equivalent, the word “osteopath” or the
words “osteopathic physician” or “osteopathic physician and surgeon.”
(7) In the case of a person licensed to practice medicine by the
Board of Medical Examiners for the State of Oregon who holds the degree
of Doctor of Medicine, or the equivalent, the word “physician” or the
word “surgeon” or the words “physician and surgeon.”
(8) In the case of a person practicing veterinary medicine, the
word “veterinarian.”
(9) In the case of a person practicing acupuncture, the word
“acupuncturist.” [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]No person shall use
any of the designations stated in ORS 676.110 (1) to (9), in connection
with the name, business or profession of the person or in connection with
an assumed or artificial name, or “clinic,” “institute” or “specialist,”
unless the person is licensed under the laws of this state to practice
the particular health care profession indicated by such designation, as
stated in ORS 676.110. However, upon the death of any person duly
licensed by any board empowered to license any practitioner of a health
care profession, the executors of the estate or the heirs, assigns,
associates or partners may retain the use of the decedent’s name, where
it appears other than as a part of an assumed name, for no more than one
year after the death of such person or until the estate is settled,
whichever is sooner. [Amended by 1953 c.137 §2; 1983 c.769 §2; 1991 c.314
§5] Each board licensing
any of the health care professions, within this state, shall notify the
appropriate district attorney of any violation of ORS 676.100 to 676.120
which may be brought to the attention of such board. The district
attorney of the county in which any violation of those sections takes
place shall prosecute the violation upon being informed of the violation
by any person or by one of such boards. [Amended by 1983 c.769 §3]PROCESSING OF COMPLAINTS AGAINST HEALTH PROFESSIONALS As used in ORS
676.165 to 676.180, “health professional regulatory board” means the:
(1) State Board of Examiners for Speech-Language Pathology and
Audiology;
(2) State Board of Chiropractic Examiners;
(3) State Board of Clinical Social Workers;
(4) Oregon Board of Licensed Professional Counselors and Therapists;
(5) Oregon Board of Dentistry;
(6) Board of Examiners of Licensed Dietitians;
(7) State Board of Massage Therapists;
(8) State Mortuary and Cemetery Board;
(9) Board of Naturopathic Examiners;
(10) Oregon State Board of Nursing;
(11) Board of Examiners of Nursing Home Administrators;
(12) Oregon Board of Optometry;
(13) State Board of Pharmacy;
(14) Board of Medical Examiners;
(15) Occupational Therapy Licensing Board;
(16) Physical Therapist Licensing Board;
(17) State Board of Psychologist Examiners;
(18) Board of Radiologic Technology;
(19) Oregon State Veterinary Medical Examining Board; and
(20) Department of Human Services to the extent that the department
certifies emergency medical technicians. [1997 c.791 §1; 1999 c.537 §4;
2001 c.274 §4]Note: 676.160 to 676.180 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapters 676 to 681
or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation. (1) Upon receipt of a complaint by
any person against a licensee or applicant, a health professional
regulatory board shall assign one or more persons to act as investigator
of the complaint.
(2) The investigator shall collect evidence and interview witnesses
and shall make a report to the board. The investigator shall have all
investigatory powers possessed by the board.
(3) The report to the board shall describe the evidence gathered,
the results of witness interviews and any other information considered in
preparing the report of the investigator. The investigator shall
consider, and include in the report, any disciplinary history of the
licensee or applicant with the board.
(4) The investigator shall make the report to the board not later
than 120 days after the board receives the complaint. However, the board
may extend the time for making the report by up to 30 days for just
cause. The board may grant more than one extension of time.
(5) Investigatory information obtained by an investigator and the
report issued by the investigator shall be exempt from public disclosure.
[1997 c.791 §5]Note: See note under 676.160. A person who reports or
supplies information in good faith to a health professional regulatory
board or to a committee reporting to a health professional regulatory
board shall be immune from an action for civil damages as a result
thereof. [1997 c.791 §4]Note: See note under 676.160.(1) A health professional regulatory board shall keep confidential
and not disclose to the public any information obtained by the board as
part of an investigation of a licensee or applicant, including complaints
concerning licensee or applicant conduct and information permitting the
identification of complainants, licensees or applicants. However, the
board may disclose information obtained in the course of an investigation
of a licensee or applicant to the extent necessary to conduct a full and
proper investigation.
(2) Notwithstanding subsection (1) of this section, if a health
professional regulatory board votes not to issue a notice of intent to
impose a disciplinary sanction:
(a) The board shall disclose information obtained as part of an
investigation of an applicant or licensee if the person requesting the
information demonstrates by clear and convincing evidence that the public
interest in disclosure outweighs other interests in nondisclosure,
including but not limited to the public interest in nondisclosure.
(b) The board may disclose to a complainant a written summary of
information obtained as part of an investigation of an applicant or
licensee resulting from the complaint to the extent the board determines
necessary to explain the reasons for the board’s decision. An applicant
or licensee may review and obtain a copy of any written summary of
information disclosed to a complainant by the board after the board has
deleted any information that could reasonably be used to identify the
complainant.
(3) If a health professional regulatory board votes to issue a
notice of intent to impose a disciplinary sanction, upon written request
by the licensee or applicant, the board shall disclose to the licensee or
applicant all information obtained by the board in the investigation of
the allegations in the notice except:
(a) Information that is privileged or confidential under a law
other than this section.
(b) Information that would permit the identification of any person
who provided information that led to the filing of the notice and who
will not provide testimony at a hearing arising out of the investigation.
(c) Information that would permit the identification of any person
as a person who made a complaint to the board about a licensee or
applicant.
(d) Reports of expert witnesses.
(4) Information disclosed to a licensee or applicant under
subsection (3) of this section may be further disclosed by the licensee
or applicant only to the extent necessary to prepare for a hearing on the
notice of intent to impose a disciplinary sanction.
(5)(a) A health professional regulatory board shall disclose:
(A) A notice of intent to impose a disciplinary sanction against a
licensee or applicant that has been issued by vote of the board;
(B) A final order that results from the board’s notice of intent to
impose a disciplinary sanction;
(C) An emergency suspension order;
(D) A consent order or stipulated agreement that involves licensee
or applicant conduct; and
(E) Information to further an investigation into board conduct
under ORS 192.685.
(b) A health professional regulatory board may make the information
required to be disclosed under paragraph (a)(A) to (D) of this subsection
available in electronic form, accessible by use of a personal computer or
similar technology that provides direct electronic access to the
information.
(6) If a notice of intent to impose a disciplinary sanction has
been issued by vote of a health professional regulatory board, a final
order that results from the board’s notice of intent to impose a
disciplinary sanction, an emergency suspension order or a consent order
or stipulated agreement that involves licensee or applicant conduct shall
summarize the factual basis for the board’s disposition of the matter.
(7) A health professional regulatory board record or order, or any
part thereof, obtained as part of or resulting from an investigation,
contested case proceeding, consent order or stipulated agreement, is not
admissible as evidence and may not preclude an issue or claim in any
civil proceeding except in a proceeding between the board and the
licensee or applicant as otherwise allowed by law.
(8)(a) Notwithstanding subsection (1) of this section, it is not
disclosure to the public for a board to permit other public officials and
members of the press to attend executive sessions where information
obtained as part of an investigation is discussed. Public officials and
members of the press attending such executive sessions shall not disclose
information obtained as part of an investigation to any other member of
the public.
(b) For purposes of this subsection, “public official” means a
member or member-elect, or any member of the staff or an employee, of a
public entity as defined by ORS 676.177.
(9) A health professional regulatory board may establish fees
reasonably calculated to reimburse the actual cost of disclosing
information to licensees or applicants as required by subsection (3) of
this section. [1997 c.791 §2; 1999 c.751 §3; 2005 c.801 §1]Note: See note under 676.160.(1) Notwithstanding any other provision of ORS 676.165
to 676.180, a health professional regulatory board, upon a determination
by the board that it possesses otherwise confidential information that
reasonably relates to the regulatory or enforcement function of another
public entity, may disclose that information to the other public entity.
(2) Any public entity that receives information pursuant to
subsection (1) of this section shall agree to take all reasonable steps
to maintain the confidentiality of the information, except that the
public entity may use or disclose the information to the extent necessary
to carry out the regulatory or enforcement functions of the public entity.
(3) For purposes of this section, “public entity” means:
(a) A board or agency of this state, or a board or agency of
another state with regulatory or enforcement functions similar to the
functions of a health professional regulatory board of this state;
(b) A district attorney;
(c) The Department of Justice;
(d) A state or local public body of this state that licenses,
franchises or provides emergency medical services; or
(e) A law enforcement agency of this state, another state or the
federal government. [1999 c.751 §2]Note: See note under 676.160. If a health professional
regulatory board intends to disclose a record pursuant to ORS 676.175
(2), the board shall provide the licensee or applicant seven days’ prior
written notice by first class mail. The notice shall describe the record
that the board intends to disclose in sufficient detail to permit the
licensee or applicant to know the contents of the record. In any
subsequent action for injunctive or declaratory relief, the burden shall
be on the person seeking disclosure to demonstrate by clear and
convincing evidence that the public interest in disclosure outweighs
other interests in nondisclosure, including but not limited to the public
interest in nondisclosure. [1997 c.791 §3]Note: See note under 676.160.ENJOINING PRACTICE AFTER SUSPENSION OR REVOCATION OF LICENSENo person whose license has been
revoked or suspended by any board authorized by the statutes of the State
of Oregon to issue licenses to practice a health care profession shall
continue the practice of this profession after the order or decision of
the board suspending or revoking the license of the person has been made.
The license shall remain suspended or revoked until a final determination
of an appeal from the decision or order of the board has been made by the
court. [1953 c.592 §1; 1983 c.769 §4](1) If at any time the board
suspending or revoking the license of any licentiate of a health care
profession determines that such licentiate is continuing to practice the
health care profession notwithstanding, the board shall in its own name
bring an action to enjoin such licentiate.
(2) If the court shall find that the licentiate has been or is
continuing the practice of the health care profession for which the
license has been revoked or suspended it shall issue an injunction
restraining the licentiate. The commission of a single act constituting
the practice of the respective health care profession shall be prima
facie evidence warranting the issuance of such injunction. [1953 c.592
§2; 1979 c.284 §191; 1983 c.769 §5] The remedy herein provided
is cumulative and shall be without prejudice to any other civil or
criminal remedy. [1953 c.592 §3]HEALTH CARE PROVIDER REPORTING OF BLOOD ALCOHOL LEVEL(1) If a health care provider who is providing medical
care in a health care facility immediately after a motor vehicle accident
to a person reasonably believed to be the operator of a motor vehicle
involved in the accident, becomes aware, as a result of any blood test
performed in the course of that treatment, that the person’s blood
alcohol level meets or exceeds the percent specified in ORS 813.010, the
health care provider must notify, within five calendar days, any law
enforcement officer or agency.
(2) The notice shall consist of the name of the person being
treated, the blood alcohol level disclosed by the test and the date and
time of the administration of the test.
(3) Nothing contained in ORS 40.225 to 40.295 affects the
requirement to provide notice imposed by this section, and the health
care provider shall not be considered to have breached any duty under ORS
40.225 to 40.295 owed to the person about whom the notice is made. [1995
c.546 §1; 2003 c.89 §2]Note: 676.260 and 676.280 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapters 676 to 681
or any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation.No action or administrative proceeding shall be brought against
anyone participating in good faith in providing notice pursuant to ORS
676.260 and any person participating in providing notice shall have
immunity from any liability, civil or criminal, and from any professional
disciplinary action, that might otherwise be incurred or imposed with
respect to the notification or the content of the notice. Any such
participant shall have the same immunity with respect to participating in
any judicial proceeding resulting from the notice. [1995 c.546 §2; 2003
c.89 §3]Note: See note under 676.260.(1) If a health care provider who is providing
emergency medical care in a health care facility to a person has reason
to believe that the person is under the influence of intoxicants and is
about to drive a motor vehicle on a highway as defined in ORS 801.305 or
a premises open to the public as defined in ORS 801.400 and is a clear
and present danger to society, the health care provider may notify as
soon as reasonably possible the law enforcement agency which has
jurisdiction over the health care facility site.
(2) The notice shall consist of the name and physical description
of the person being treated and the fact that the health care provider
believes the person is intoxicated and is about to drive a motor vehicle
as described in subsection (1) of this section.
(3) The health care provider may inform the person if the health
care provider intends to notify the law enforcement agency described in
subsection (1) of this section. The person’s consent is not required.
(4) Anyone participating in good faith in the making of a report or
not making a report pursuant to subsections (1) to (3) of this section
shall have immunity from any liability, civil or criminal, that might
otherwise be incurred or imposed with respect to the making or the
content of such report. Any such participant shall have the same immunity
with respect to participating in any judicial proceeding resulting from
such report. [Formerly 441.827]Note: 676.300 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapters 676 to 681 or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.MISCELLANEOUS(1) Any person authorized by
law to order laboratory testing may charge a reasonable fee for all
laboratory and other specialized testing performed by the practitioner or
by a person in the practitioner’s employ. In addition, the practitioner
is entitled to charge a reasonable fee for collecting and preparing
specimens to be sent to independent persons or laboratories for testing,
and for the preparation of the billing to the patient for the test.
However, a practitioner shall not mark up, or charge a commission or make
a profit on services rendered by an independent person or laboratory.
(2) A practitioner shall prepare an itemized billing, indicating
the charges for each service rendered to the patient. Any services
rendered to the patient that were performed by persons other than those
in the direct employ of the practitioner and the charges therefor shall
be indicated separately on the patient’s bill.
(3) Failure to comply with the requirements of this section shall
be considered to be unprofessional conduct and may be subject to
disciplinary action by the appropriate licensing board.
(4) As used in this section, “practitioner” means a person licensed
to practice medicine, dentistry, naturopathic medicine or chiropractic or
to be a nurse practitioner. [1979 c.428 §1]Any health care entity,
hospital, hospital medical staff, health care service contractor,
independent practice association, health insurance company or any other
entity that requires physicians to be certified or eligible for
certification in a medical specialty shall include residency training and
certification approved by the American Osteopathic Association and the
American Board of Medical Specialties. [1995 c.627 §1]Note: 676.330 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapters 676 to 681 or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) Notwithstanding any other provision of
law, a health practitioner described in subsection (7) of this section
who has registered under ORS 676.345 and who provides health care
services without compensation is not liable for any injury, death or
other loss arising out of the provision of those services, unless the
injury, death or other loss results from the gross negligence of the
health practitioner.
(2) A health practitioner may claim the limitation on liability
provided by this section only if the patient receiving health care
services, or a person who has authority under law to make health care
decisions for the patient, signs a statement that notifies the patient
that the health care services are provided without compensation and that
the health practitioner may be held liable for death, injury or other
loss only to the extent provided by this section. The statement required
under this subsection must be signed before the health care services are
provided.
(3) A health practitioner may claim the limitation on liability
provided by this section only if the health practitioner obtains the
patient’s informed consent for the health care services before providing
the services, or receives the informed consent of a person who has
authority under law to make health care decisions for the patient.
(4) A health practitioner provides health care services without
compensation for the purposes of subsection (1) of this section even
though the practitioner requires payment of laboratory fees, testing
services and other out-of-pocket expenses.
(5) A health practitioner provides health care services without
compensation for the purposes of subsection (1) of this section even
though the practitioner provides services at a health clinic that
receives compensation from the patient, as long as the health
practitioner does not personally receive compensation for the services.
(6) In any civil action in which a health practitioner prevails
based on the limitation on liability provided by this section, the court
shall award all reasonable attorney fees incurred by the health
practitioner in defending the action.
(7) This section applies only to:
(a) A physician licensed under ORS 677.100 to 677.228;
(b) A nurse licensed under ORS 678.040 to 678.101;
(c) A nurse practitioner licensed under ORS 678.375 to 678.390;
(d) A clinical nurse specialist certified under ORS 678.370 and
678.372;
(e) A physician assistant licensed under ORS 677.505 to 677.525;
(f) A dental hygienist licensed under ORS 680.010 to 680.205; and
(g) A dentist licensed under ORS 679.060 to 679.180. [1999 c.771
§1; 1999 c.771 §3; 2005 c.462 §2]Note: 676.340 and 676.345 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapters 676 to 681
or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.(1) A health practitioner
described in ORS 676.340 (7) may claim the liability limitation provided
by ORS 676.340 only if the health practitioner has registered with a
health professional regulatory board in the manner provided by this
section. Registration under this section must be made:
(a) By a physician or physician assistant, with the Board of
Medical Examiners;
(b) By a nurse, nurse practitioner or clinical nurse specialist,
with the Oregon State Board of Nursing; and
(c) By a dentist or dental hygienist, with the Oregon Board of
Dentistry.
(2) The health professional regulatory boards listed in subsection
(1) of this section shall establish a registration program for the health
practitioners who provide health care services without compensation and
who wish to be subject to the liability limitation provided by ORS
676.340. All health practitioners registering under the program must
provide the health professional regulatory board with:
(a) A statement that the health practitioner will provide health
care services to patients without compensation, except for reimbursement
for laboratory fees, testing services and other out-of-pocket expenses;
(b) A statement that the health practitioner will provide the
notice required by ORS 676.340 (2) in the manner provided by ORS 676.340
(2) before providing the services; and
(c) A statement that the health practitioner will only provide
health care services without compensation that are within the scope of
the health practitioner’s license.
(3) Registration under this section must be made annually. The
health professional regulatory boards listed in subsection (1) of this
section shall charge no fee for registration under this section. [1999
c.771 §2; 1999 c.771 §4; 2005 c.462 §3]Note: See note under 676.340.(1) It is the intention of the Legislative Assembly to achieve the goal
of universal access to adequate levels of high quality health care at an
affordable cost for all Oregonians, regardless of ethnic or cultural
background.
(2) The Legislative Assembly finds that:
(a) Access to health care is of value when it leads to treatment
that substantially improves health outcomes;
(b) Health care is most effective when it accounts for the
contribution of culture to health status and health outcomes;
(c) Ethnic and racial minorities experience more than their
statistically fair share of undesirable health outcomes;
(d) The lack of licensed health care professionals from ethnic and
racial minorities or who are bilingual contributes to the inadequacy of
health outcomes in communities of color in this state; and
(e) The development of a partnership between health professional
regulatory boards and communities of color to increase the representation
of people of color and bilingual people in health care professions has
significant potential to improve the health outcomes of people of color
and bilingual citizens of this state.
(3) Health professional regulatory boards shall establish programs
to increase the representation of people of color and bilingual people on
the boards and in the professions that they regulate. Such programs must
include activities to promote the education, recruitment and professional
practice of members of these targeted populations in Oregon.
(4) Each health professional regulatory board shall maintain
records of the racial and ethnic makeup of applicants and professionals
regulated by the board. Such information shall be requested from
applicants and the professionals regulated who shall be informed in
writing that the provision of such information is voluntary and not
required.
(5) Each health professional regulatory board shall report
biennially to the Legislative Assembly in the manner required by ORS
192.245. The report shall contain:
(a) Data detailing the efforts of the board to comply with the
requirements of subsection (3) of this section; and
(b) Data collected under subsection (4) of this section documenting
the ethnic and racial makeup of the applicants and of the professionals
regulated by the board.
(6) For purposes of this section, “health professional regulatory
board” has the meaning given that term in ORS 676.160. [2001 c.973 §1]Note: 676.400 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapters 676 to 681 or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) Health professional
regulatory boards shall encourage the development of state-of-the-art
multidisciplinary pain management services and the availability of these
services to the public.
(2) As used in subsection (1) of this section, “health professional
regulatory boards” means the:
(a) Board of Medical Examiners;
(b) Board of Naturopathic Examiners;
(c) Oregon Board of Dentistry;
(d) Oregon State Board of Nursing;
(e) Physical Therapist Licensing Board;
(f) State Board of Chiropractic Examiners;
(g) State Board of Pharmacy; and
(h) State Board of Psychologist Examiners. [2003 c.325 §1]Note: 676.440 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapters 676 to 681 or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.OREGON HEALTH LICENSING AGENCY (1) To provide
for the more effective coordination of administrative and regulatory
functions of certain health boards, councils and programs involved in
protecting the public through the licensing and regulation of
health-related professions and occupations practiced in this state under
uniform mission and goals, there is hereby created the Oregon Health
Licensing Agency.
(2) The mission of the agency is to serve the public by providing a
uniform structure and accountability for the boards, councils and
programs under its administration to protect the public from harm. The
agency’s focus is to:
(a) Promote effective health policy that protects the public from
incompetent or unauthorized individuals and allows consumers to select a
provider from a range of safe options.
(b) Provide outreach and training to stakeholders to improve
compliance with public health and safety standards, and to involve
stakeholders in the regulation of the various disciplines and fields of
practice.
(c) Form partnerships and work in collaboration with each
constituency, local and state governmental agencies, educators,
organizations and other affected entities to encourage diverse opinions
and perspectives.
(d) Provide the boards, councils and programs with a standardized
administrative forum and procedures for operation, fiscal services,
licensing, enforcement and complaint resolution.
(e) Resolve disputes between regulatory entities regarding the
scope of practice of persons licensed by those entities. [1999 c.885 §2;
2001 c.54 §1; 2005 c.648 §1]Note: 676.605 to 676.625 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapters 676 to 681
or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation. Pursuant to
ORS 676.607, the Oregon Health Licensing Agency shall provide
administrative and regulatory oversight and centralized service for the
following boards, advisory councils and program:
(1) Board of Athletic Trainers, as provided in ORS 688.701 to
688.734;
(2) Board of Cosmetology, as provided in ORS 690.005 to 690.235;
(3) State Board of Denture Technology, as provided in ORS 680.500
to 680.570;
(4) State Board of Direct Entry Midwifery, as provided in ORS
687.405 to 687.495;
(5) Respiratory Therapist Licensing Board, as provided in ORS
688.800 to 688.840;
(6) Environmental Health Registration Board, as provided in ORS
chapter 700;
(7) Advisory Council for Electrologists and Permanent Color
Technicians and Tattoo Artists, as provided in ORS 690.350 to 690.430;
(8) Advisory Council on Hearing Aids, as provided in ORS 694.015 to
694.185; and
(9) Body piercing licensing program, as provided in ORS 690.500 to
690.570. [2003 c.547 §6; 2005 c.648 §2]Note: See note under 676.605.(1) The Oregon Health Licensing Agency is responsible for the
administration and regulatory oversight of the boards, councils and
programs listed in ORS 676.606. The responsibilities of the agency
include, but are not limited to:
(a) Budgeting;
(b) Record keeping;
(c) Staffing;
(d) Contracting;
(e) Consumer protection and investigating complaints;
(f) Approving and collecting fees;
(g) Establishing and administering uniform application processes
for the issuance of licenses, certificates, permits and registrations;
(h) Issuing and renewing licenses, certificates, permits and
registrations;
(i) Conditioning, limiting, suspending, revoking or refusing to
issue or renew a license, certificate, permit or registration or
otherwise disciplining applicants, licensees, certificate holders, permit
holders and registration holders;
(j) Sanctioning any examination service provider, interpreter or
proctor who is under contract or agreement with the agency and who
compromises the security, confidentiality or integrity of examinations
developed or conducted pursuant to the statutory authority of the boards
and councils listed in ORS 676.606;
(k) Adopting and enforcing all administrative rules promulgated
under any statute the agency is charged with enforcing, including board,
council and program administrative rules establishing professional
standards, continuing education requirements or scope of practice issues;
(L) Preparing, tracking and reporting agency performance measures;
(m) Implementing regulatory streamlining initiatives to reduce
regulatory burdens without compromising regulatory standards; and
(n) Preparing and circulating printed and electronic materials for
educating or otherwise assisting applicants, licensees, certificate
holders, permit holders and registration holders and the public.
(2) The enumeration of duties, functions and powers in subsection
(1) of this section is not intended to be exclusive nor to limit the
duties, functions and powers imposed on or vested in the agency by other
statutes. [1999 c.885 §3; 2005 c.648 §3]Note: See note under 676.605. (1) Upon its own motion or upon
any complaint, the Oregon Health Licensing Agency may initiate and
conduct investigations of matters relating to the practice of occupations
or professions subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(2) While conducting an investigation authorized under subsection
(1) of this section or a hearing related to an investigation, the agency
may:
(a) Take evidence;
(b) Administer oaths;
(c) Take the depositions of witnesses, including the person charged;
(d) Compel the appearance of witnesses, including the person
charged;
(e) Require answers to interrogatories;
(f) Compel the production of books, papers, accounts, documents and
testimony pertaining to the matter under investigation; and
(g) Conduct criminal and civil background checks to determine
conviction of a crime that bears a demonstrable relationship to the field
of practice.
(3) In exercising its authority under this section, the agency may
issue subpoenas over the signature of the Director of the Oregon Health
Licensing Agency or designated employee thereof and in the name of the
State of Oregon.
(4) If a person fails to comply with a subpoena issued under this
section, the judge of the Circuit Court for Marion County may compel
obedience by initiating proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from the court.
(5) If necessary, the director, or an employee designated by the
director, may appear before a magistrate empowered to issue warrants in
criminal cases to request that the magistrate issue a warrant. The
magistrate shall issue a warrant, directing it to any sheriff or deputy
or police officer, to enter the described property, to remove any person
or obstacle, to defend any threatened violence to the director or a
designee of the director or an officer, upon entering private property,
or to assist the director in enforcing the agency’s authority in any way.
(6) In all investigations and hearings, the agency and any person
affected thereby may have the benefit of counsel. [2003 c.547 §1; 2005
c.648 §4]Note: See note under 676.605.(1)(a) The Oregon Health Licensing Agency is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers and for the organization
of the agency.
(b) The Director of the Oregon Department of Administrative
Services shall establish the qualifications for and appoint the Director
of the Oregon Health Licensing Agency, who holds office at the pleasure
of the Director of the Oregon Department of Administrative Services.
(c) The Director of the Oregon Health Licensing Agency shall
receive a salary as provided by law or, if not so provided, as prescribed
by the Director of the Oregon Department of Administrative Services.
(d) The Director of the Oregon Health Licensing Agency shall be in
the unclassified service.
(2) The Director of the Oregon Health Licensing Agency shall be
responsible for the performance of duties and functions of the boards,
councils and programs administered by the agency. The Director of the
Oregon Health Licensing Agency shall provide the boards, councils and
programs with such services and employees as the agency requires to carry
out its duties. Subject to any applicable provisions of the State
Personnel Relations Law, the Director of the Oregon Health Licensing
Agency shall appoint all subordinate officers and employees of the
agency, prescribe their duties and fix their compensation.
(3) Except as provided in section 18, chapter 885, Oregon Laws
1999, the Director of the Oregon Health Licensing Agency shall be
responsible for carrying out the duties, functions and powers under ORS
680.500 to 680.570, 680.990 (2), 687.405 to 687.495, 688.800 to 688.840,
688.995, 690.005 to 690.235, 690.350 to 690.430, 690.500 to 690.570,
690.992 and 694.015 to 694.185 and ORS chapter 700. [1999 c.885 §6; 2001
c.324 §1; 2005 c.648 §5]Note: See note under 676.605.(1) In the manner prescribed in ORS chapter 183 for
contested cases and as specified in ORS 680.535, 687.445, 688.734,
688.836, 690.167, 690.407, 690.515, 694.147 and 700.111, the Oregon
Health Licensing Agency may refuse to issue or renew, may suspend or
revoke or may place on probation or otherwise discipline a holder of a
certificate, permit, license or registration to practice issued by the
agency for any of the following reasons:
(a) Fraud, misrepresentation, concealment of material facts or
deception in applying for or obtaining an authorization to practice in
this state, or in any written or oral communication to the agency
concerning the issuance or retention of the authorization.
(b) Using, causing or promoting the use of any advertising matter,
promotional literature, testimonial, guarantee, warranty, label, insignia
or any other representation, however disseminated or published, that is
false, misleading or deceptive.
(c) Making a representation that the certificate, permit, license
or registration holder knew or should have known is false or misleading
regarding skill or the efficacy or value of treatment or remedy
administered by the holder.
(d) Practicing under a false, misleading or deceptive name, or
impersonating another certificate, permit, license or registration holder.
(e) Permitting a person other than the certificate, permit, license
or registration holder to use the certificate, permit, license or
registration.
(f) Practicing with a physical or mental condition that presents an
unreasonable risk of harm to the practitioner or to the person or
property of others in the course of performing the practitioner’s duties.
(g) Practicing while under the influence of alcohol, controlled
substances or other skill-impairing substances, or engaging in the
illegal use of controlled substances or other skill-impairing substances
so as to create a risk of harm to the person or property of others in the
course of performing the practitioner’s duties.
(h) Failing to properly and reasonably accept responsibility for
the actions of employees.
(i) Employing, directly or indirectly, any suspended, uncertified,
unlicensed or unregistered person to practice a regulated occupation or
profession subject to the authority of the boards, councils and programs
listed in ORS 676.606.
(j) Unprofessional conduct, negligence, incompetence, repeated
violations or any departure from or failure to conform to standards of
practice in performing services or practicing in a regulated occupation
or profession subject to the authority of the boards, councils and
programs listed under ORS 676.606.
(k) Conviction of any criminal offense, subject to ORS 670.280. A
copy of the record of conviction, certified by the clerk of the court
entering the conviction, is conclusive evidence of the conviction. A plea
of no contest or an admission of guilt shall be considered a conviction
for purposes of this paragraph.
(L) Failing to report any adverse action, as required by statute or
rule, taken against the certificate, permit, license, or registration
holder by another regulatory jurisdiction or any peer review body, health
care institution, professional association, governmental agency, law
enforcement agency or court for acts or conduct similar to acts or
conduct that would constitute grounds for disciplinary action as
described in this section.
(m) Violation of a statute regulating an occupation or profession
subject to the authority of the boards, councils and programs listed in
ORS 676.606.
(n) Violation of any rule regulating an occupation or profession
subject to the authority of the boards, councils and programs listed in
ORS 676.606.
(o) Failing to cooperate with the agency in any investigation,
inspection or request for information.
(2) The agency may refuse to issue or renew, may suspend or revoke
or may place on probation or otherwise sanction a holder of a
certificate, permit, license or registration to practice issued by the
agency for failure to pay an outstanding civil penalty or fee that is due
or for failure to meet the terms of any order issued by the agency that
has become final.
(3) For the purpose of requesting a state or nationwide criminal
records check under ORS 181.534, the agency may require the fingerprints
of a person who is:
(a) Applying for a certificate, permit, license or registration
that is issued by the agency;
(b) Applying for renewal of a certificate, permit, license or
registration that is issued by the agency; or
(c) Under investigation by the agency.
(4) If the agency places a holder of a certificate, permit, license
or registration on probation under subsection (1) of this section, the
agency, in consultation with the appropriate board, council or program,
may determine and at any time modify the conditions of the probation.
(5) If a certificate, permit, license or registration is suspended,
the holder may not practice during the term of suspension. Upon the
expiration of the term of suspension, the certificate, permit, license or
registration may be reinstated by the agency if the conditions of
suspension no longer exist and the holder has satisfied all requirements
in the relevant statutes or administrative rules for issuance, renewal or
reinstatement. [2003 c.547 §3; 2005 c.648 §6; 2005 c.730 §66]Note: See note under 676.605. (1) In addition to all other remedies, when it
appears to the Oregon Health Licensing Agency that a person is engaged
in, has engaged in or is about to engage in any act, practice or
transaction that violates any provision of ORS 676.617, 680.500 to
680.570, 687.405 to 687.495, 688.701 to 688.734, 688.800 to 688.840,
690.005 to 690.235, 690.350 to 690.430, 690.500 to 690.570 or 694.015 to
694.185 or ORS chapter 700, the agency may, through the Attorney General
or the district attorney of the county in which the act, practice or
transaction occurs or will occur, apply to the court for an injunction
restraining the person from the act, practice or transaction.
(2) A court may issue an injunction under this section without
proof of actual damages. An injunction issued under this section does not
relieve a person from any other prosecution or enforcement action taken
for violation of statutes listed in subsection (1) of this section. [2003
c.547 §5; 2005 c.648 §7]Note: See note under 676.605. (1) In accordance with applicable
provisions of ORS chapter 183, the Director of the Oregon Health
Licensing Agency may adopt rules necessary for the administration of the
laws that the Oregon Health Licensing Agency is charged with
administering.
(2) In accordance with applicable provisions of ORS chapter 183,
the director may adopt rules necessary for the administration of ORS
676.605 to 676.625 and 676.992. [1999 c.885 §7; 2005 c.648 §8]Note: See note under 676.605. (1) As used in this
section, “single facility license” means a license to provide services in
a single location in more than one of the following practice areas:
(a) Cosmetology, as provided in ORS 690.005 to 690.235;
(b) Electrolysis, as provided in ORS 690.350 to 690.430;
(c) Permanent coloring, as provided in ORS 690.350 to 690.430;
(d) Tattooing, as provided in ORS 690.350 to 690.430; and
(e) Body piercing, as provided in ORS 690.500 to 690.550.
(2) The Oregon Health Licensing Agency may issue a single facility
license to an applicant that:
(a) Owns the facility to be licensed;
(b) If a natural person, is at least 18 years of age or, if an
entity other than a natural person, is formed and operated in accordance
with Oregon law;
(c) Has paid all required fees, as determined by the agency; and
(d) Has filed an application in the form and manner required by the
agency.
(3)(a) A single facility license expires annually on a date
determined by the agency.
(b) A single facility license may be renewed by submitting, prior
to the expiration date of the license, the required renewal fees and a
renewal application in the form and manner prescribed by the agency.
(c) The agency may impose a late fee or require a new application
for the failure to renew a single facility license prior to the date on
which it expires.
(4) The agency shall establish by rule and collect fees associated
with single facility licenses. Fees shall be established for:
(a) Application for licensure;
(b) An original license;
(c) License renewal;
(d) Late renewal of a license;
(e) Issuance of a duplicate or replacement license; and
(f) Costs of compiling, photocopying, preparing and delivering
copies of documents and records.
(5) All moneys received by the agency under this section shall be
paid into the General Fund of the State Treasury and credited to the
Oregon Health Licensing Agency Account, and are appropriated continuously
to and shall be used by the agency only for the administration and
enforcement of the provisions of this section.
(6) The fees established by the agency under subsection (4) of this
section are subject to the prior approval of the Oregon Department of
Administrative Services. The fees shall not exceed the cost of
administering the provisions of this section pertaining to the purpose
for which the fee is established, as authorized by the Legislative
Assembly within the budget of the agency, as that budget may be modified
by the Emergency Board.
(7) A single facility license holder shall ensure that the:
(a) Single facility license is displayed in public view where
services are being rendered; and
(b) Facility authorized by the single facility license complies
with all statutes and rules governing facilities in which services in the
practice areas authorized by the license of the holder are provided.
(8) The agency may suspend, condition, limit, revoke or refuse to
issue or renew a single facility license, or may place on probation or
otherwise discipline a single facility license holder, for the reasons
specified in ORS 676.612, 690.167, 690.407 or 690.515 or for failure to
comply with subsection (7) of this section. [2005 c.648 §10]Note: See note under 676.605. (1) Upon its own motion or upon
any complaint, the Oregon Health Licensing Agency may conduct an
inspection to determine whether a facility or a part of the facility that
is the subject of the inspection complies with the licensing, safety,
infection control and sterilization requirements imposed by statute or
rule of the agency or the boards, councils and programs administered by
the agency.
(2) The agency shall provide for the periodic inspection of
facilities, business premises or other locations where services are
performed by the practitioners of the occupations or professions subject
to the authority of the boards, councils and programs that are
administered and regulated by the agency pursuant to ORS 676.606. [2003
c.547 §2; 2005 c.648 §11]Note: See note under 676.605.In performing its powers and duties under chapter 885, Oregon
Laws 1999, the Oregon Health Licensing Agency may utilize the
administrative assistance of the Oregon Department of Administrative
Services. The agency shall pay to the department a proportionate share of
the cost of such administrative services, such share to be fixed by
biennial negotiation between the agency and the department. [1999 c.885
§13; 2001 c.104 §259; 2005 c.648 §12]Note: Legislative Counsel has substituted “chapter 885, Oregon Laws
1999,” for the words “this 1999 Act” in section 13, chapter 885, Oregon
Laws 1999, compiled as 676.620. Specific ORS references have not been
substituted, pursuant to 173.160. The sections for which substitution
otherwise would be made may be determined by referring to the 1999
Comparative Section Table located in Volume 20 of ORS.Note: See note under 676.605.(1) The Oregon Health Licensing Agency
Account is established in the General Fund of the State Treasury. The
account shall consist of the moneys credited to the account by the
Legislative Assembly. All moneys in the account are appropriated
continuously to and shall be used by the Oregon Health Licensing Agency
for payment of expenses of the agency in carrying out the duties and
obligations of the boards, councils and programs administered and
regulated by the agency pursuant to ORS 676.606.
(2) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior to
adopting fees and charges credited to the account, the fees and charges
shall not exceed the cost of administering the boards, councils and
programs within the agency pertaining to the purposes for which the fee
or charge is established, as authorized by the Legislative Assembly
within the agency’s budget, as the budget may be modified by the
Emergency Board.
(3) The agency shall keep a record of all moneys deposited into the
account. The record shall indicate by separate cumulative accounts the
source from which the moneys are derived and the individual activity of
each board, council or program.
(4) The moneys received from civil penalties assessed under ORS
676.992 shall be deposited and accounted for as are other moneys received
by the agency and shall be for the administration and enforcement of
those laws of the boards, councils and programs administered by the
agency. [1999 c.885 §14; 2005 c.648 §13]Note: See note under 676.605.PENALTIES Violation of any of the provisions of
ORS 676.100 to 676.130 is punishable, upon conviction, by a fine of not
more than $250, or by imprisonment in the county jail for not more than
30 days, or by both. (1) Except as provided in subsection (3)
of this section, and in addition to any other penalty or remedy provided
by law, the Oregon Health Licensing Agency may impose a civil penalty not
to exceed $5,000 for each violation of the following statutes and any
rule adopted thereunder:
(a) ORS 688.701 to 688.734 (athletic training);
(b) ORS 690.500 to 690.570 (body piercing);
(c) ORS 690.005 to 690.235 (cosmetology);
(d) ORS 680.500 to 680.570 (denture technology);
(e) ORS 687.405 to 687.495 (direct entry midwifery);
(f) ORS 690.350 to 690.430 (electrology and permanent coloring or
tattooing);
(g) ORS 694.015 to 694.185 (dealing in hearing aids);
(h) ORS 688.800 to 688.840 (respiratory therapy);
(i) ORS chapter 700 (environmental sanitation); and
(j) ORS 676.617 (single facility licensure).
(2) The agency may take any other disciplinary action that it finds
proper, including but not limited to assessment of costs of disciplinary
proceedings, not to exceed $5,000, for violation of any statute or rule
adopted under any statute listed in subsection (1) of this section.
(3) Subsection (1) of this section does not limit the amount of the
civil penalty resulting from a violation of ORS 694.042.
(4) In imposing a civil penalty pursuant to this section, the
agency shall consider the following factors:
(a) The immediacy and extent to which the violation threatens the
public health or safety;
(b) Any prior violations of statutes, rules or orders;
(c) The history of the person incurring a penalty in taking all
feasible steps to correct any violation; and
(d) Any other aggravating or mitigating factors.
(5) Civil penalties under this section shall be imposed as provided
in ORS 183.745.
(6) The moneys received by the agency from civil penalties under
this section shall be paid into the General Fund of the State Treasury
and credited to the Oregon Health Licensing Agency Account established
under ORS 676.625. Such moneys are continuously appropriated to the
agency for the administration and enforcement of the laws the agency is
charged with administering and enforcing that govern the person against
whom the penalty was imposed. [2003 c.547 §4; 2005 c.648 §14]Note: 676.992 was added to and made a part of 676.605 to 676.625 by
legislative action but was not added to ORS chapters 676 to 681 or any
chapter or series therein. See Preface to Oregon Revised Statutes for
further explanation._______________
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