ORS 677.415
Investigation of incompetence

  • reports to board
  • contents
  • informal interview
  • penalty for failure to report official action

(1)

As used in this section:

(a)

“Health care facility” means a facility licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility).

(b)

“Official action” means a restriction, limitation, loss or denial of privileges of a licensee to practice medicine, or any formal action taken against a licensee by a government agency or a health care facility based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment.

(2)

The Oregon Medical Board on the board’s own motion may investigate any evidence that appears to show that a licensee licensed by the board is or may be medically incompetent or is or may be guilty of unprofessional or dishonorable conduct or is or may be a licensee with a physical incapacity or an impairment as defined in ORS 676.303 (Purposes of health professional regulatory boards).

(3)

A licensee licensed by the Oregon Medical Board, the Oregon Medical Association, Inc., or any component society thereof, the Osteopathic Physicians and Surgeons of Oregon, Inc. or the Oregon Podiatric Medical Association shall report within 10 working days, and any other person may report, to the board any information such licensee, association, society or person may have that appears to show that a licensee is or may be medically incompetent or is or may be guilty of unprofessional or dishonorable conduct or is or may be a licensee with a physical incapacity.

(4)

A licensee shall self-report within 10 working days any official action taken against the licensee.

(5)

A health care facility shall report to the Oregon Medical Board any official action taken against a licensee within 10 business days of the date of the official action.

(6)

A licensee’s voluntary withdrawal from the practice of medicine or podiatry, voluntary resignation from the staff of a health care facility or voluntary limitation of the licensee’s staff privileges at such a health care facility shall be promptly reported to the Oregon Medical Board by the health care facility and the licensee if the licensee’s voluntary action occurs while the licensee is under investigation by the health care facility or a committee thereof for any reason related to possible medical incompetence, unprofessional conduct or physical incapacity or impairment as defined in ORS 676.303 (Purposes of health professional regulatory boards).

(7)

Intentionally left blank —Ed.

(a)

A report made in accordance with subsection (3) of this section shall contain:

(A)

The name, title, address and telephone number of the person making the report; and

(B)

Information that appears to show that a licensee is or may be medically incompetent, is or may be guilty of unprofessional or dishonorable conduct or is or may be a licensee with a physical incapacity.

(b)

The Oregon Medical Board may not require in a report made in accordance with subsection (5) or (6) of this section more than:

(A)

The name, title, address and telephone number of the licensee making the report or the name, address and telephone number of the health care facility making the report;

(B)

The date of an official action taken against the licensee or the licensee’s voluntary action under subsection (6) of this section; and

(C)

A description of the official action or the licensee’s voluntary action, as appropriate to the report, including:
(i)
The specific restriction, limitation, suspension, loss or denial of the licensee’s medical staff privileges and the effective date or term of the restriction, limitation, suspension, loss or denial; or
(ii)
The fact that the licensee has voluntarily withdrawn from the practice of medicine or podiatry, voluntarily resigned from the staff of a health care facility or voluntarily limited the licensee’s privileges at a health care facility and the effective date of the withdrawal, resignation or limitation.

(c)

The Oregon Medical Board may not require in a report made in accordance with subsection (4) of this section more than:

(A)

The name, title, address and telephone number of the licensee making the report; and

(B)

The specific restriction, limitation, suspension, loss or denial of the licensee’s staff privileges and the effective date or term of the restriction, limitation, suspension, loss or denial.

(8)

A report made in accordance with this section may not include any data that is privileged under ORS 41.675 (Inadmissibility of certain data provided to peer review body of health care providers and health care groups).

(9)

If, in the opinion of the Oregon Medical Board, it appears that information provided to it under this section is or may be true, the board may order an informal interview with the licensee subject to the notice requirement of ORS 677.320 (Investigation of complaints and suspected violations).

(10)

Intentionally left blank —Ed.

(a)

A health care facility’s failure to report an official action as required under subsection (5) of this section constitutes a violation of this section. The health care facility is subject to a penalty of not more than $10,000 for each violation. The Oregon Medical Board may impose the penalty in accordance with ORS 183.745 (Civil penalty procedures) and, in addition to the penalty, may assess reasonable costs the board incurs in enforcing the requirements of this section against the health care facility if the enforcement results in the imposition of a civil penalty.

(b)

The Attorney General may bring an action in the name of the State of Oregon in a court of appropriate jurisdiction to recover a civil penalty and costs assessed under this subsection.

(c)

A civil penalty assessed or recovered in accordance with this subsection shall be paid to the State Treasury and the State Treasurer shall credit the amount of the payment to the Primary Care Services Fund established under ORS 442.570 (Primary Care Services Fund).

(11)

A person who reports in good faith to the Oregon Medical Board as required by this section is immune from civil liability by reason of making the report. [1975 c.796 §6; 1977 c.448 §11; 1981 c.339 §2; 1983 c.486 §42; 1985 c.322 §5; 1989 c.830 §27; 1997 c.792 §27; 2003 c.554 §1; 2007 c.70 §302; 2007 c.803 §2; 2009 c.756 §28; 2010 c.42 §15]

Source: Section 677.415 — Investigation of incompetence; reports to board; contents; informal interview; penalty for failure to report official action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors677.­html.

Notes of Decisions

Where doctor’s actions were taken as part of Board of Medical Examiner’s consideration of complaints against medical practitioners, actions were immune from antitrust liability. Patrick v. Burget, 800 F2d 1498 (1986)

Where petitioner’s license to practice medicine was revoked by Board for failure to comply with investigatory interview, and statute does not limit Board of Medical Examiners to one investigatory interview, absent evidence in form of record that interview would actually have been non-investigatory and would have required contested case procedures, petitioner’s refusal to participate was grounds for revocation of license. Anderson v. Board of Medical Examiners, 95 Or App 676, 770 P2d 947 (1989), Sup Ct review denied

677.010
Definitions for chapter
677.015
Statement of purpose
677.060
Persons and practices not within scope of chapter
677.080
Prohibited acts
677.082
Expression of regret or apology
677.085
What constitutes practice of medicine
677.087
Physicians required to perform agreed upon surgery personally
677.089
Physicians dispensing prescription drugs to do so personally
677.091
Guidelines, recommendations for prescription of opiates
677.092
Duty to report prohibited conduct
677.095
Duty of care
677.097
Procedure to obtain informed consent of patient
677.099
Notice of participation or nonparticipation in Medicare assignment program
677.100
Qualifications of applicant for license
677.110
Scope and administration of examination
677.120
Reciprocity
677.125
Reciprocal agreements
677.132
Limited license
677.133
Expedited license by endorsement
677.135
“Practice of medicine across state lines” defined for ORS 677.135 to 677.141
677.137
License required for practice of medicine across state lines
677.139
License to practice medicine across state lines
677.141
Responsibilities
677.172
Change of location of practice
677.175
Retirement
677.184
License to show degree held
677.188
Definitions for ORS 677.190
677.190
Grounds for suspending, revoking or refusing to grant license, registration or certification
677.200
Disciplinary procedure
677.202
When procedure inapplicable
677.205
Grounds for discipline
677.208
Hearing
677.220
Issuance or restoration of license after denial or revocation
677.225
Automatic suspension of license for mental illness or imprisonment
677.228
Automatic lapse of license for failure to pay registration fee or report change of location
677.235
Oregon Medical Board
677.240
Oaths, officers and meetings of board
677.250
Records to be kept
677.265
Powers of board generally
677.270
Proceedings upon refusal to testify or failure to obey rule, order or subpoena of board
677.275
Administrative law judges
677.280
Employment of personnel
677.290
Disposition of receipts
677.305
Petty cash fund
677.320
Investigation of complaints and suspected violations
677.325
Enjoining unlicensed practice of medicine
677.330
Duty of district attorney and Attorney General
677.335
Official actions of board and personnel
677.355
“Artificial insemination” defined
677.360
Who may select donors and perform procedure
677.365
Consent required
677.370
Eligibility to be donor
677.410
Voluntary limitation of license
677.415
Investigation of incompetence
677.417
Medical incompetence, unprofessional conduct, physical incapacity, impairment
677.420
Competency examination
677.425
Confidential information
677.450
Release of certain information to health care facilities
677.470
Definitions for ORS 677.470 to 677.480
677.474
Administration of controlled substances for pain allowed
677.480
Discipline
677.487
Continuing medical education related to Alzheimer’s disease
677.490
Fees when patient served by or referred to diabetes self-management program
677.491
Reporting toy-related injury or death
677.492
Liability of physician for acts of certain other health care providers
677.495
Definitions for ORS 677.495 to 677.535
677.500
Policy
677.505
Application of provisions governing physician assistants to other health professions
677.510
Board approval of using services of physician assistant
677.511
Physician assistant authority to dispense prescription drugs
677.512
Licensure
677.515
Medical services provided by physician assistant
677.518
Authority to sign reports of death
677.520
Performance of medical services by unlicensed physician assistant prohibited
677.525
Fees
677.535
Limited license
677.757
Definitions for ORS 677.757 to 677.770
677.759
License required
677.761
Persons and practices not within scope of ORS 677.757 to 677.770
677.765
Unauthorized practice by acupuncturist
677.770
Fees
677.780
Acupuncture Advisory Committee
677.785
Duties of committee
677.805
“Ankle” defined for ORS 677.805 to 677.840
677.810
License required to practice podiatry
677.812
Surgery on ankle
677.814
Assisting in surgery
677.815
Application of ORS 677.805 to 677.840
677.820
Qualifications of applicants
677.825
Examination of applicants
677.830
Reciprocal licensing
677.837
Continuing podiatric education required
677.840
Fees
677.990
Penalties
Green check means up to date. Up to date