2017 ORS 677.415¹
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)(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)(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]

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

Chapter 677

Atty. Gen. Opinions

Extent of grandfather right under 1969 Act amending barbers law, (1972) Vol 36, p 23; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188

1 Legislative Counsel Committee, CHAPTER 677—Regulation of Medicine, Podiatry and Acupuncture, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors677.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 677, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano677.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.