Grounds for suspending, revoking or refusing to grant license, registration or certification
- alternative medicine not unprofessional conduct
Source:
Section 677.190 — Grounds for suspending, revoking or refusing to grant license, registration or certification; alternative medicine not unprofessional conduct, https://www.oregonlegislature.gov/bills_laws/ors/ors677.html.
Notes of Decisions
As “wilful and consistent utilization of medical service or treatment which is or may be considered inappropriate or unnecessary” (grounds for suspension of physician’s license) is part of definition of unprofessional or dishonorable conduct under this section, it is not conduct which must be defined by administrative rule, but is rather conduct which must be determined on individual case basis through testimony of qualified physicians as to prevailing norm in medical community. Spray v. Bd. of Medical Examiners, 50 Or App 311, 624 P2d 125 (1981), modified 51 Or App 773, 627 P2d 25 (1981)
Prohibition against willfully or negligently divulging professional secret establishes duty of secrecy in medical relationship, and breach of duty in confidential relationship is actionable wrong. Humphers v. First Interstate Bank, 298 Or 706, 696 P2d 527 (1985)
ORS 677.415 does not limit Board of Medical Examiners to one investigatory interview and where petitioner’s license to practice medicine was revoked by Board for failure to comply with investigatory interview, absent evidence in form of record that interview would actually have been non-investigatory and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
Defendant hospital’s duty of confidentiality did not extend beyond patient to patient’s family where facts disclosed did not concern family and did not arise out of any family involvement in patient’s treatment. Doe v. Portland Health Centers, Inc., 99 Or App 423, 782 P2d 446 (1989)
Where petitioner had his license suspended or revoked in another state based upon acts constituting unprofessional conduct within meaning of this section, it was not necessary for Board of Medical Examiners to evaluate sufficiency of other state’s proof of underlying conduct, nor was it required to engage in prior rulemaking defining “unprofessional conduct” or “recognized standards of ethics.” McKay v. Board of Medical Examiners, 100 Or App 685, 788 P2d 476 (1990)
Law Review Citations
51 OLR 504-508 (1972)
Up to date