Chapter 676 — HealthProfessions Generally

 

2009 EDITION

 

 

HEALTHPROFESSIONS GENERALLY

 

OCCUPATIONSAND PROFESSIONS

 

USEOF TITLES IMPORTING HEALTH CARE PROFESSION

 

676.110 Useof title “doctor”

 

676.120 Useof deceased licensee’s name

 

676.130 Enforcementof ORS 676.110 and 676.120

 

REPORTINGOBLIGATIONS

 

676.150 Dutyto report prohibited or unprofessional conduct, arrests and convictions;investigation; confidentiality; immunity from liability

 

PROCESSINGOF COMPLAINTS AGAINST HEALTH PROFESSIONALS

 

676.160 Definitionsfor ORS 676.165 to 676.180

 

676.165 Complaintinvestigation

 

676.170 Immunityof information providers

 

676.175 Complaintsand investigations confidential; exceptions; fees

 

676.177 Disclosureof confidential information to another public entity; criteria

 

676.180 Noticeprior to disclosure

 

IMPAIREDHEALTH PROFESSIONAL PROGRAM

 

676.185 Definitionsfor ORS 676.185 to 676.200

 

676.190 Establishmentof program; reports of noncompliance; diversion agreements; audit; rules

 

676.195 Monitoringentity; reports to health professional licensing boards; audit; fees

 

676.200 Boardparticipation in program; rules

 

EFFECTOF EXPIRATION, LAPSE, SURRENDER, SUSPENSION OR REVOCATION OF LICENSE

 

676.205 Continuingjurisdiction of boards; effect of expiration, lapse, surrender, suspension orrevocation of license

 

676.210 Practiceof health care profession after suspension or revocation of license prohibited

 

676.220 Enjoininghealth care professional from practicing after suspension or revocation oflicense

 

676.230 Injunctionas cumulative remedy

 

HEALTHCARE PROVIDER REPORTING OF BLOOD ALCOHOL LEVEL

676.260 Healthcare provider notification of blood alcohol level; content of notice

676.280 Immunityof person participating in report pursuant to ORS 676.260

676.300 Authorityof health care provider to notify law enforcement agency that patient who isunder influence of intoxicants is about to drive vehicle; immunity

 

MISCELLANEOUS

 

676.303 Purposesof health professional regulatory boards; authority of boards to requirefingerprints

 

676.306 Executivedirectors; reports; rules

 

676.310 Feesfor laboratory testing; itemized billing; failure to comply consideredunprofessional conduct

 

676.330 Approvedosteopathic residency training and certification included as medical specialtycertification

676.340 Limitationson liability of health practitioners providing health care services withoutcompensation; requirements; exceptions; attorney fees; applicability

 

676.345 Registrationprogram for health care professionals claiming liability limitation; programrequirements

 

676.350 Authorityof health professional regulatory boards to adopt rules permitting expeditedpartner therapy

 

676.400 Racialand ethnic composition of regulated health professions; findings; duties of healthprofessional regulatory boards

 

676.405 Releaseof personal information

 

676.410 Informationrequired for issuance or renewal of certain licenses; confidentiality; fees

 

676.440 Dutyof health professional regulatory boards to encourage multidisciplinary painmanagement services

 

OREGONHEALTH LICENSING AGENCY

 

676.605 Purposeof Oregon Health Licensing Agency

 

676.606 Oversightand centralized service by agency

 

676.607 Agencyresponsibilities; enumeration of powers not exclusive; rules

 

676.608 Investigativeauthority; conduct of investigation

 

676.609 Disclosureof records

 

676.610 Director;appointment and qualifications; responsibilities; duties

 

676.611 Dutyof director to keep records and prepare reports; peer review of agencyactivities; rules

 

676.612 Disciplinaryauthority; authority of agency to require fingerprints

 

676.613 Injunctions

 

676.615 Rulemakingauthority

 

676.617 Singlefacility license; rules; fees

 

676.618 Inspectionof facilities

 

676.620 Useof services of Oregon Department of Administrative Services

 

676.622 Electronicand facsimile signatures

 

676.625 OregonHealth Licensing Agency Account; fees; record keeping; disposition of receipts

 

PENALTIES

 

676.990 Criminalpenalties

 

676.992 Civilpenalties

 

676.010 [Amended by1967 c.470 §64; repealed by 1973 c.31 §5]

 

676.020 [Amended by1953 c.203 §1; 1957 c.212 §1; repealed by 1973 c.31 §5]

 

676.030 [Amended by1957 c.212 §2; 1967 c.470 §65; repealed by 1973 c.31 §5]

 

676.035 [1967 c.184 §1;1971 c.15 §1; repealed by 1973 c.31 §5]

 

676.040 [Amended by1957 c.212 §3; repealed by 1973 c.31 §5]

 

676.050 [Amended by1953 c.203 §2; 1957 c.212 §4; repealed by 1973 c.31 §5]

 

676.060 [Repealed by1973 c.31 §5]

 

676.070 [Repealed by1973 c.31 §5]

 

676.080 [Repealed by1973 c.31 §5]

 

676.090 [Repealed by1973 c.31 §5]

 

USEOF TITLES IMPORTING HEALTH CARE PROFESSION

 

676.100 [Repealed by2009 c.142 §6]

 

676.110Use of title “doctor.” (1) An individual practicing a health careprofession may not use the title “doctor” in connection with the profession,unless the individual:

(a)Has earned a doctoral degree in the individual’s field of practice; and

(b)(A)Is licensed by a health professional regulatory board as defined in ORS 676.160to practice the particular health care profession in which the individual’sdoctoral degree was earned; or

(B)Is working under a board-approved residency contract and is practicing underthe license of a supervisor who is licensed by a health professional regulatoryboard as defined in ORS 676.160 to practice the particular health careprofession in which the individual’s doctoral degree was earned.

(2)When an individual uses the title “doctor” on written or printed matter or inconnection with advertising, billboards, signs or professional notices, theindividual shall designate the health care profession in which the individual’sdoctoral degree was earned. The designation must be in letters or print atleast one-fourth the size of the largest letters used in the title “doctor,”and in material, color, type or illumination to give display and legibility ofat least one-fourth that of the title “doctor.”

(3)Subsection (1) of this section does not prohibit:

(a)A chiropractic physician licensed under ORS chapter 684 from using the title “chiropracticphysician”;

(b)A naturopathic physician licensed under ORS chapter 685 from using the title “naturopathicphysician”;

(c)A person licensed to practice optometry under ORS chapter 683 from using thetitle “doctor of optometry” or “optometric physician”; or

(d)A podiatric physician licensed under ORS 677.805 to 677.840 from using thetitle “podiatric physician.” [Amended by 1967 c.470 §66; 1983 c.169 §29; 1983c.486 §1a; 1983 c.769 §1; 1991 c.314 §4; 1995 c.765 §1; 2007 c.418 §1; 2009c.142 §1]

 

676.120Use of deceased licensee’s name. Notwithstanding ORS 676.110, upon thedeath of any person duly licensed by a health professional regulatory board asdefined in ORS 676.160, the executors of the estate or the heirs, assigns,associates or partners may retain the use of the decedent’s name, where itappears other than as a part of an assumed name, for no more than one yearafter the death of such person or until the estate is settled, whichever issooner. [Amended by 1953 c.137 §2; 1983 c.769 §2; 1991 c.314 §5; 2009 c.142 §2]

 

676.130Enforcement of ORS 676.110 and 676.120. Each health professional regulatoryboard as defined in ORS 676.160 shall notify the appropriate district attorneyof any violation of ORS 676.110 and 676.120 which may be brought to theattention of such board. The district attorney of the county in which anyviolation of those sections takes place shall prosecute the violation uponbeing informed of the violation by any person or by one of such boards. [Amendedby 1983 c.769 §3; 2009 c.142 §3]

 

676.140 [Repealed by1967 c.470 §68]

 

REPORTINGOBLIGATIONS

 

676.150Duty to report prohibited or unprofessional conduct, arrests and convictions;investigation; confidentiality; immunity from liability. (1) As used inthis section:

(a)“Board” means the:

(A)State Board of Examiners for Speech-Language Pathology and Audiology;

(B)State Board of Chiropractic Examiners;

(C)State Board of Licensed Social Workers;

(D)Oregon Board of Licensed Professional Counselors and Therapists;

(E)Oregon Board of Dentistry;

(F)Board of Examiners of Licensed Dietitians;

(G)State Board of Massage Therapists;

(H)Oregon Board of Naturopathic Medicine;

(I)Oregon State Board of Nursing;

(J)Nursing Home Administrators Board;

(K)Oregon Board of Optometry;

(L)State Board of Pharmacy;

(M)Oregon Medical Board;

(N)Occupational Therapy Licensing Board;

(O)Physical Therapist Licensing Board;

(P)State Board of Psychologist Examiners;

(Q)Board of Radiologic Technology;

(R)State Board of Direct Entry Midwifery;

(S)State Board of Denture Technology;

(T)Respiratory Therapist Licensing Board;

(U)Department of Human Services, to the extent that the department certifiesemergency medical technicians;

(V)Oregon State Veterinary Medical Examining Board; or

(W)State Mortuary and Cemetery Board.

(b)“Licensee” means a health professional licensed or certified by or registeredwith a board.

(c)“Prohibited conduct” means conduct by a licensee that:

(A)Constitutes a criminal act against a patient or client; or

(B)Constitutes a criminal act that creates a risk of harm to a patient or client.

(d)“Unprofessional conduct” means conduct unbecoming a licensee or detrimental tothe best interests of the public, including conduct contrary to recognizedstandards of ethics of the licensee’s profession or conduct that endangers thehealth, safety or welfare of a patient or client.

(2)Unless state or federal laws relating to confidentiality or the protection ofhealth information prohibit disclosure, a licensee who has reasonable cause tobelieve that another licensee has engaged in prohibited or unprofessionalconduct shall report the conduct to the board responsible for the licensee whois believed to have engaged in the conduct. The reporting licensee shall reportthe conduct without undue delay, but in no event later than 10 working daysafter the reporting licensee learns of the conduct.

(3)A licensee who is convicted of a misdemeanor or felony or who is arrested for afelony crime shall report the conviction or arrest to the licensee’s boardwithin 10 days after the conviction or arrest.

(4)The board responsible for a licensee who is reported to have engaged inprohibited or unprofessional conduct shall investigate in accordance with theboard’s rules. If the board has reasonable cause to believe that the licenseehas engaged in prohibited conduct, the board shall present the facts to anappropriate law enforcement agency without undue delay, but in no event laterthan 10 working days after the board finds reasonable cause to believe that thelicensee engaged in prohibited conduct.

(5)A licensee who fails to report prohibited or unprofessional conduct as requiredby subsection (2) of this section or the licensee’s conviction or arrest asrequired by subsection (3) of this section is subject to discipline by theboard responsible for the licensee.

(6)A licensee who fails to report prohibited conduct as required by subsection (2)of this section commits a Class A violation.

(7)Notwithst