ORS 676.608
Investigative authority

  • conduct of investigation

(1)

As used in this section, “public entity” has the meaning given that term in ORS 676.177 (Disclosure of confidential information to another public entity).

(2)

Intentionally left blank —Ed.

(a)

The Health Licensing Office shall carry out the investigatory duties necessary to enforce the provisions of ORS 676.560 (Purpose of Health Licensing Office) to 676.625 (Health Licensing Office Account) and 676.992 (Civil penalties).

(b)

Subject to subsection (12) of this section, the office, upon its own motion, may initiate and conduct investigations of matters relating to the practice of occupations or professions subject to the authority of the boards, councils and programs listed in ORS 676.565 (Oversight and centralized service by office).

(c)

Subject to subsection (12) of this section, the office shall investigate all complaints received by the office relating to the practice of occupations or professions subject to the authority of the boards, councils and programs listed in ORS 676.565 (Oversight and centralized service by office).

(3)

While conducting an investigation authorized under subsection (2) of this section or a hearing related to an investigation, the office may:

(a)

Take evidence;

(b)

Administer oaths;

(c)

Take the depositions of witnesses, including the person charged;

(d)

Compel the appearance of witnesses, including the person charged;

(e)

Require answers to interrogatories;

(f)

Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation; and

(g)

Conduct criminal and civil background checks to determine conviction of a crime that bears a demonstrable relationship to the field of practice.

(4)

In exercising its authority under this section, the office may issue subpoenas over the signature of the Director of the Health Licensing Office or designated employee of the director and in the name of the State of Oregon.

(5)

If a person fails to comply with a subpoena issued under this section, the judge of the Circuit Court for Marion County may compel obedience by initiating proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court.

(6)

If necessary, the director, or an employee designated by the director, may appear before a magistrate empowered to issue warrants in criminal cases to request that the magistrate issue a warrant. The magistrate shall issue a warrant, directing it to any sheriff or deputy or police officer, to enter the described property, to remove any person or obstacle, to defend any threatened violence to the director or a designee of the director or an officer, upon entering private property, or to assist the director in enforcing the office’s authority in any way.

(7)

In all investigations and hearings, the office and any person affected by the investigation or hearing may have the benefit of counsel.

(8)

If an authorization holder who is the subject of a complaint or an investigation is to appear before the office, the office shall provide the authorization holder with a current summary of the complaint or the matter being investigated not less than 10 days before the date that the authorization holder is to appear. At the time the summary of the complaint or the matter being investigated is provided, the office shall provide the authorization holder with a current summary of documents or alleged facts that the office has acquired as a result of the investigation. The name of the complainant may be withheld from the authorization holder.

(9)

An authorization holder who is the subject of an investigation, and any person acting on behalf of the authorization holder, may not contact the complainant until the authorization holder has requested a contested case hearing and the office has authorized the taking of the complainant’s deposition pursuant to ORS 183.425 (Depositions or subpoena of material witness).

(10)

Except in an investigation or proceeding conducted by the office or another public entity, or in an action, suit or proceeding in which a public entity is a party, an authorization holder may not be questioned or examined regarding any communication with the office made in an appearance before the office as part of an investigation.

(11)

This section does not prohibit examination or questioning of an authorization holder regarding records about the authorization holder’s care and treatment of a patient or affect the admissibility of those records.

(12)

In conducting an investigation related to the practice of direct entry midwifery, as defined in ORS 687.405 (“Direct entry midwifery” defined), the office shall:

(a)

Allow the State Board of Direct Entry Midwifery to review the motion or complaint before beginning the investigation;

(b)

Allow the board to prioritize the investigation with respect to other investigations related to the practice of direct entry midwifery; and

(c)

Consult with the board during and after the investigation for the purpose of determining whether to pursue disciplinary action. [2003 c.547 §1; 2005 c.648 §4; 2009 c.701 §10; 2009 c.756 §§5a,92; 2013 c.314 §10; 2013 c.568 §25; 2013 c.657 §5; 2017 c.101 §22; 2017 c.155 §12d; 2017 c.499 §12; 2019 c.456 §19]

Source: Section 676.608 — Investigative authority; conduct of investigation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors676.­html.

676.108
Definition of “health professional regulatory board.”
676.110
Use of title “doctor.”
676.115
Use of title “nurse.”
676.120
Use of deceased licensee’s name
676.130
Enforcement of ORS 676.110, 676.115 and 676.120
676.150
Duty to report prohibited or unprofessional conduct, arrests and convictions
676.160
Definitions for ORS 676.165 to 676.180
676.165
Complaint investigation
676.170
Immunity of information providers
676.175
Complaints and investigations confidential
676.177
Disclosure of confidential information to another public entity
676.180
Notice prior to disclosure
676.185
Definitions for ORS 676.185 to 676.200
676.190
Establishment of program
676.194
Impaired Health Professional Program Work Group
676.200
Board participation in program
676.205
Continuing jurisdiction of boards
676.210
Practice of health care profession after suspension or revocation of license prohibited
676.220
Enjoining health care professional from practicing after suspension or revocation of license
676.230
Injunction as cumulative remedy
676.260
Health care facility notification of blood alcohol level or presence of cannabis or controlled substance in blood
676.280
Immunity of person providing notice to law enforcement of blood test results
676.300
Authority of health care provider to notify law enforcement agency that patient who is under influence of intoxicants is about to drive vehicle
676.303
Purposes of health professional regulatory boards
676.306
Executive directors
676.308
Authorization for military spouse or domestic partner to practice health profession
676.310
Fees for laboratory testing
676.330
Approved osteopathic residency training and certification included as medical specialty certification
676.340
Limitations on liability of health practitioners providing health care services without compensation
676.345
Registration program for health care professionals claiming liability limitation
676.350
Authority of health professional regulatory boards to adopt rules permitting expedited partner therapy
676.360
Pelvic examinations
676.400
Racial and ethnic composition of regulated health professions
676.405
Release of personal information
676.410
Information required for renewal of certain licenses
676.440
Duty of health professional regulatory boards to encourage multidisciplinary pain management services
676.450
Health Care Provider Incentive Fund
676.454
Health care provider incentive program
676.459
Health care workforce needs
676.463
Financial incentive program participation data
676.467
Allocation of moneys
676.551
Needlestick injury
676.553
Prohibitions relating to provision of substance abuse, problem gambling or mental health services and support
676.560
Purpose of Health Licensing Office
676.562
Definitions for ORS 676.560 to 676.625
676.565
Oversight and centralized service by office
676.568
Office responsibilities
676.572
Issuance of authorizations
676.576
Fees
676.579
Director
676.585
Duty of director to keep records and prepare reports
676.590
Disclosure of investigatory information, records
676.595
Disclosure of certain investigatory information
676.599
Disclosure of information to other public entity
676.608
Investigative authority
676.612
Disciplinary authority
676.613
Injunctions
676.615
Rulemaking authority
676.616
Final order authority for contested cases related to practice of direct entry midwifery
676.618
Inspection of facilities
676.622
Exemption from certain requirements for original signatures
676.625
Health Licensing Office Account
676.630
Definitions for ORS 676.630 to 676.660
676.635
Prohibition on unauthorized practice of advanced nonablative esthetics procedures or unauthorized use of title
676.640
Certification for practice of advanced nonablative esthetics procedures
676.645
Renewal of certificate
676.647
Prohibition on use of unregistered device
676.650
Board of Certified Advanced Estheticians
676.655
Board powers
676.660
Health Licensing Office authority to discipline persons certified to practice advanced nonablative esthetics procedures
676.665
Definitions for ORS 676.665 to 676.689
676.669
Lactation consultant license
676.673
Continuing education
676.677
Standards of practice and professional responsibility
676.681
Prohibition on unauthorized practice, use of title
676.685
Discipline
676.689
Rules
676.730
Definitions for ORS 676.730 to 676.748
676.733
Genetic counseling license
676.736
Prohibition on unauthorized practice, use of title
676.739
Requirement to refer for diagnosis, certain treatment
676.742
Requirement to practice, provide services in culturally, linguistically appropriate manner
676.745
Discipline
676.748
Rules
676.802
Definitions for ORS 676.802, 676.806 and 676.810 to 676.820
676.806
Behavior Analysis Regulatory Board
676.810
Board duties
676.815
Behavior analysis interventionists
676.820
Use of titles “licensed behavior analyst,” “licensed assistant behavior analyst,” “registered behavior analysis interventionist.”
676.825
Disciplinary authority over persons licensed or registered
676.830
Health benefit plan credentialing for applied behavior analysis providers
676.850
Authority of regulatory boards to require cultural competency continuing education
676.855
Authority of public universities and community colleges to require cultural competency continuing education
676.860
Suicide risk assessment, treatment and management continuing education for physical health care providers
676.863
Oregon Health Authority list of continuing education opportunities
676.866
Suicide risk assessment, treatment and management continuing education for behavioral health care providers
676.870
Definitions for ORS 676.870 to 676.890
676.875
Requirements for practice of surgical technology in health care facilities
676.880
Exemption
676.885
Practice of surgical technology in health care facility in rural or medically underserved community
676.890
Penalties
676.990
Criminal penalties
676.992
Civil penalties
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