2011 ORS § 682.224¹
Discipline
  • purpose
  • civil penalty

(1) The Oregon Health Authority may discipline, as provided in this section, an ambulance service or an emergency medical services provider who has:

(a) Admitted the facts of a complaint that alleges facts that establish that the emergency medical services provider is guilty of one or more of the grounds for suspension or revocation of a license as set forth in ORS 682.220 (Denial, suspension or revocation of license) or that an ambulance service has violated the provisions of this chapter or the rules adopted thereunder.

(b) Been found guilty in accordance with ORS chapter 183 of one or more of the grounds for suspension or revocation of a license as set forth in ORS 682.220 (Denial, suspension or revocation of license) or that an ambulance service has violated the provisions of this chapter or the rules adopted thereunder.

(2) The purpose of disciplining an emergency medical services provider under this section is to ensure that the emergency medical services provider will provide services that are consistent with the obligations of this chapter. Prior to taking final disciplinary action, the authority shall determine if the emergency medical services provider has been disciplined for the questioned conduct by the emergency medical services providers employer or supervising physician. The authority shall consider any such discipline or any other corrective action in deciding whether additional discipline or corrective action by the authority is appropriate.

(3) In disciplining an emergency medical services provider or ambulance service as authorized by subsection (1) of this section, the authority may use any or all of the following methods:

(a) Suspend judgment.

(b) Issue a letter of reprimand.

(c) Issue a letter of instruction.

(d) Place the emergency medical services provider or ambulance service on probation.

(e) Suspend the license of the emergency medical services provider or ambulance service.

(f) Revoke the license of the emergency medical services provider or ambulance service.

(g) Place limitations on the license of the emergency medical services provider or ambulance service.

(h) Take such other disciplinary action as the authority in its discretion finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty or assessment of a civil penalty not to exceed $5,000, or both.

(4) In addition to the action authorized by subsection (3) of this section, the authority may temporarily suspend a license without a hearing, simultaneously with the commencement of proceedings under ORS chapter 183 if the authority finds that evidence in its possession indicates that a continuation in practice of the emergency medical services provider or operation of the ambulance service constitutes an immediate danger to the public.

(5) If the authority places any emergency medical services provider or ambulance service on probation as set forth in subsection (3)(d) of this section, the authority may determine, and may at any time modify, the conditions of the probation and may include among them any reasonable condition for the purpose of protection of the public and for the purpose of the rehabilitation of the emergency medical services provider or ambulance service, or both. Upon expiration of the term of probation, further proceedings shall be abated if the emergency medical services provider or ambulance service has complied with the terms of the probation.

(6)(a) If an emergency medical services providers license is suspended, the emergency medical services provider may not practice during the term of suspension.

(b) If an ambulance service licensed in this state is suspended, the ambulance service may not operate in this state during the term of the suspension, provided that the authority shall condition such suspension upon such arrangements as may be necessary to ensure the continued availability of ambulance service in the area served by that ambulance service.

(c) Upon expiration of the term of suspension, the license shall be reinstated by the authority if the conditions for which the license was suspended no longer exist.

(7) Whenever an emergency medical services provider or ambulance service license is denied or revoked for any cause, the authority may, in its discretion, after the lapse of two years from the date of the denial or revocation, upon written application by the person formerly licensed and after a hearing, issue or restore the emergency medical services provider or ambulance service license.

(8) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures). [Formerly 682.185; 2009 c.595 §1087; 2011 c.703 §16]