2013 ORS § 682.220¹
Denial, suspension or revocation of license
  • investigation
  • confidentiality of information

(1) The Oregon Health Authority may deny, suspend or revoke licenses for ambulances and ambulance services in accordance with the provisions of ORS chapter 183 for a failure to comply with any of the requirements of ORS 820.350 (Ambulance warning lights) to 820.380 (Illegal ambulance or emergency vehicle sirens) and this chapter or the rules adopted thereunder.

(2) The license of an emergency medical services provider may be denied, suspended or revoked in accordance with the provisions of ORS chapter 183 for any of the following reasons:

(a) A failure to have completed successfully an authority approved course.

(b) In the case of a provisional license, failure to have completed successfully an authority approved course.

(c) Failure to meet or continue to meet the physical and mental qualifications required under ORS 682.208 (License from Oregon Health Authority).

(d) The use of fraud or deception in receiving a license.

(e) Practicing skills beyond the scope of practice established by the Oregon Medical Board under ORS 682.245 (Rulemaking with respect to scope of practice of emergency medical services providers).

(f) Rendering emergency or nonemergency care under an assumed name.

(g) The impersonation of another emergency medical services provider.

(h) Unprofessional conduct.

(i) Obtaining a fee by fraud or misrepresentation.

(j) Habitual or excessive use of intoxicants or drugs.

(k) The presence of a mental disorder that demonstrably affects an emergency medical services providers performance, as certified by two psychiatrists retained by the authority.

(L) Subject to ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction), conviction of any criminal offense that reasonably raises questions about the ability of the emergency medical services provider to perform the duties of an emergency medical services provider in accordance with the standards established by this chapter. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, is conclusive evidence of the conviction.

(m) Suspension or revocation of an emergency medical services provider license issued by another state:

(A) For a reason that would permit the authority to suspend or revoke a license issued under this chapter; and

(B) Evidenced by a certified copy of the order of suspension or revocation.

(n) Gross negligence or repeated negligence in rendering emergency medical assistance.

(o) Rendering emergency or nonemergency care without being licensed, except as provided in ORS 30.800 (Liability for emergency medical assistance).

(p) Rendering emergency or nonemergency care as an emergency medical services provider without written authorization and standing orders from a supervising physician who has been approved by the Oregon Medical Board in accordance with ORS 682.245 (Rulemaking with respect to scope of practice of emergency medical services providers).

(q) Refusing an invitation for an interview with the authority as specified in this section.

(3) The authority may investigate any evidence that appears to show that an emergency medical services provider licensed by the authority is or may be medically incompetent, guilty of unprofessional or dishonorable conduct or mentally or physically unable to safely function as an emergency medical services provider. The authority may investigate the off-duty conduct of an emergency medical services provider to the extent that such conduct may reasonably raise questions about the ability of the emergency medical services provider to perform the duties of an emergency medical services provider in accordance with the standards established by this chapter. Upon receipt of a complaint about an emergency medical services provider or applicant, the authority shall conduct an investigation as described under ORS 676.165 (Complaint investigation). The authority shall conduct the investigation in accordance with ORS 676.175 (Complaints and investigations confidential).

(4)(a) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any health care facility licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) and 441.820 (Procedure for termination of physicians privilege to practice medicine at health care facility), any medical or osteopathic physician licensed under ORS chapter 677, any owner of an ambulance licensed under this chapter or any emergency medical services provider licensed under this chapter shall report to the authority any information the person may have that appears to show that an emergency medical services provider is or may be medically incompetent, guilty of unprofessional or dishonorable conduct or mentally or physically unable to safely function as an emergency medical services provider.

(b) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, an emergency medical services provider licensed under this chapter who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions) shall report the prohibited conduct in the manner provided in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions).

(5) If, in the opinion of the authority, it appears that the information provided to it under provisions of this section is or may be true, the authority may request an interview with the emergency medical services provider. At the time the authority requests an interview, the authority shall provide the emergency medical services provider with a general statement of the issue or issues of concern to the authority. The request must include a statement of the procedural safeguards available to the emergency medical services provider, including the right to end the interview on request, the right to have counsel present and the following statement: Any action proposed by the Oregon Health Authority shall provide for a contested case hearing.

(6) Information regarding an ambulance service provided to the authority pursuant to this section is confidential and is not subject to public disclosure or admissible as evidence in any judicial proceeding. Information that the authority obtains as part of an investigation into the conduct of an emergency medical services provider or applicant or as part of a contested case proceeding, consent order or stipulated agreement involving the conduct of an emergency medical services provider or applicant is confidential as provided under ORS 676.175 (Complaints and investigations confidential). Information regarding an ambulance service does not become confidential due to its use in a disciplinary proceeding against an emergency medical services provider.

(7) A person who reports or provides information to the authority under this section and who provides information in good faith is not subject to an action for civil damage as a result thereof.

(8) In conducting an investigation under subsection (3) of this section, the authority may:

(a) Take evidence;

(b) Take depositions of witnesses, including the person under investigation, in the manner provided by law in civil cases;

(c) Compel the appearance of witnesses, including the person under investigation, in the manner provided by law in civil cases;

(d) Require answers to interrogatories; and

(e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.

(9) The authority may issue subpoenas to compel compliance with the provisions of subsection (8) of this section. If any person fails to comply with a subpoena issued under this subsection, or refuses to testify on matters on which the person may lawfully be interrogated, a court may compel obedience as provided in ORS 183.440 (Subpoenas in contested cases). [Formerly 682.175; 2009 c.536 §31; 2009 c.595 §1086; 2011 c.703 §15]