Regulation of Medicine, Podiatry and Acupuncture

ORS 677.188
Definitions for ORS 677.190


As used in ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification), unless the context requires otherwise:

(1)

“Fraud or misrepresentation” means the intentional misrepresentation or misstatement of a material fact, concealment of or failure to make known any material fact, or any other means by which misinformation or a false impression knowingly is given.

(2)

“Fraudulent claim” means a claim submitted to any patient, insurance or indemnity association, company or individual for the purpose of gaining compensation, which the person making the claim knows to be false.

(3)

“Manifestly incurable condition, sickness, disease or injury” means one that is declared to be incurable by competent physicians or by other recognized authority.

(4)

“Unprofessional or dishonorable conduct” means conduct unbecoming a person licensed to practice medicine or podiatry, or detrimental to the best interests of the public, and includes:

(a)

Any conduct or practice contrary to recognized standards of ethics of the medical or podiatric profession or any conduct or practice which does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition which does or might adversely affect a physician’s ability safely and skillfully to practice medicine or podiatry;

(b)

Willful performance of any surgical or medical treatment which is contrary to acceptable medical standards; and

(c)

Willful and repeated ordering or performance of unnecessary laboratory tests or radiologic studies; administration of unnecessary treatment; employment of outmoded, unproved or unscientific treatments; failure to obtain consultations when failing to do so is not consistent with the standard of care; or otherwise utilizing medical service for diagnosis or treatment which is or may be considered inappropriate or unnecessary. [1967 c.470 §29; 1969 c.684 §14; 1975 c.796 §1; 1983 c.486 §21; 1987 c.377 §3; 2009 c.756 §22; 2013 c.129 §11]

Notes of Decisions

Board of Medical Examiners need not promulgate administrative rules defining "unprofessional or dishonorable conduct" when conduct giving rise to suspension of physician's license consisted of "wilful and consistent utilization of medical service or treatment which is or may be considered inappropriate or unnecessary." Spray v. Bd. of Medical Examiners, 50 Or App 311, 624 P2d 125 (1981), modified 51 Or App 773, 627 P2d 25 (1981)

Law Review Citations

51 OLR 504-508 (1972)

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


Source

Last accessed
Jun. 26, 2021