ORS 677.205
Grounds for discipline

  • action by board
  • penalties

(1)

The Oregon Medical Board may discipline as provided in this section any person licensed, registered or certified under this chapter who has:

(a)

Admitted the facts of a complaint filed in accordance with ORS 677.200 (Disciplinary procedure) (1) alleging facts which establish that such person is in violation of one or more of the grounds for suspension or revocation of a license as set forth in ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification);

(b)

Been found to be in violation of one or more of the grounds for disciplinary action of a licensee as set forth in this chapter;

(c)

Had an automatic license suspension as provided in ORS 677.225 (Automatic suspension of license for mental illness or imprisonment); or

(d)

Failed to make a report as required under ORS 677.415 (Investigation of incompetence).

(2)

In disciplining a licensee as authorized by subsection (1) of this section, the board may use any or all of the following methods:

(a)

Suspend judgment.

(b)

Place the licensee on probation.

(c)

Suspend the license.

(d)

Revoke the license.

(e)

Place limitations on the license.

(f)

Take such other disciplinary action as the board in its discretion finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty or assessment of a civil penalty not to exceed $10,000, or both.

(3)

In addition to the action authorized by subsection (2) of this section, the board may temporarily suspend a license without a hearing, simultaneously with the commencement of proceedings under ORS 677.200 (Disciplinary procedure) if the board finds that evidence in its possession indicates that a continuation in practice of the licensee constitutes an immediate danger to the public.

(4)

If the board places any licensee on probation as set forth in subsection (2)(b) of this section, the board may determine, and may at any time modify, the conditions of the probation and may include among them any reasonable condition for the purpose of protection of the public or for the purpose of the rehabilitation of the probationer, or both. Upon expiration of the term of probation, further proceedings shall be abated if the licensee has complied with the terms of the probation.

(5)

If a license issued under this chapter is suspended, the holder of the license may not practice during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated by the board if the conditions for which the license was suspended no longer exist.

(6)

The board shall enter each case of disciplinary action on its records.

(7)

Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures). [1957 c.681 §8; 1967 c.470 §34; 1975 c.796 §3; 1983 c.486 §25; 1989 c.830 §13; 1991 c.734 §71; 2007 c.803 §3]

Source: Section 677.205 — Grounds for discipline; action by board; penalties, https://www.­oregonlegislature.­gov/bills_laws/ors/ors677.­html.

Notes of Decisions

Court would not determine if probation condition that “licentiate shall not indulge in any act which may be deemed to be act of sexual deviation” was beyond statutory authority granted board by this section, where order revoking doctor’s license did not interpret condition or state that it relied on condition. Stalder v. Bd. of Medical Examiners, 37 Or App 853, 588 P2d 659 (1978)

Assessment of all “costs” of disciplinary proceeding as civil penalty is not limited to costs recoverable under ORCP 68. Adams v. Board of Medical Examiners, 170 Or App 1, 11 P3d 676 (2000)

677.010
Definitions for chapter 677.015
Statement of purpose 677.060
Persons and practices not within scope of chapter 677.080
Prohibited acts 677.082
Expression of regret or apology 677.085
What constitutes practice of medicine 677.087
Physicians required to perform agreed upon surgery personally 677.089
Physicians dispensing prescription drugs to do so personally 677.091
Guidelines, recommendations for prescription of opiates 677.092
Duty to report prohibited conduct 677.095
Duty of care 677.097
Procedure to obtain informed consent of patient 677.099
Notice of participation or nonparticipation in Medicare assignment program 677.100
Qualifications of applicant for license 677.110
Scope and administration of examination 677.120
Reciprocity 677.125
Reciprocal agreements 677.132
Limited license 677.133
Expedited license by endorsement 677.135
“Practice of medicine across state lines” defined for ORS 677.135 to 677.141 677.137
License required for practice of medicine across state lines 677.139
License to practice medicine across state lines 677.141
Responsibilities 677.172
Change of location of practice 677.175
Retirement 677.184
License to show degree held 677.188
Definitions for ORS 677.190 677.190
Grounds for suspending, revoking or refusing to grant license, registration or certification 677.200
Disciplinary procedure 677.202
When procedure inapplicable 677.205
Grounds for discipline 677.208
Hearing 677.220
Issuance or restoration of license after denial or revocation 677.225
Automatic suspension of license for mental illness or imprisonment 677.228
Automatic lapse of license for failure to pay registration fee or report change of location 677.235
Oregon Medical Board 677.240
Oaths, officers and meetings of board 677.250
Records to be kept 677.265
Powers of board generally 677.270
Proceedings upon refusal to testify or failure to obey rule, order or subpoena of board 677.275
Administrative law judges 677.280
Employment of personnel 677.290
Disposition of receipts 677.305
Petty cash fund 677.320
Investigation of complaints and suspected violations 677.325
Enjoining unlicensed practice of medicine 677.330
Duty of district attorney and Attorney General 677.335
Official actions of board and personnel 677.355
“Artificial insemination” defined 677.360
Who may select donors and perform procedure 677.365
Consent required 677.370
Eligibility to be donor 677.410
Voluntary limitation of license 677.415
Investigation of incompetence 677.417
Medical incompetence, unprofessional conduct, physical incapacity, impairment 677.420
Competency examination 677.425
Confidential information 677.450
Release of certain information to health care facilities 677.470
Definitions for ORS 677.470 to 677.480 677.474
Administration of controlled substances for pain allowed 677.480
Discipline 677.487
Continuing medical education related to Alzheimer’s disease 677.490
Fees when patient served by or referred to diabetes self-management program 677.491
Reporting toy-related injury or death 677.492
Liability of physician for acts of certain other health care providers 677.495
Definitions for ORS 677.495 to 677.535 677.500
Policy 677.505
Application of provisions governing physician assistants to other health professions 677.510
Board approval of using services of physician assistant 677.511
Physician assistant authority to dispense prescription drugs 677.512
Licensure 677.515
Medical services provided by physician assistant 677.518
Authority to sign reports of death 677.520
Performance of medical services by unlicensed physician assistant prohibited 677.525
Fees 677.535
Limited license 677.757
Definitions for ORS 677.757 to 677.770 677.759
License required 677.761
Persons and practices not within scope of ORS 677.757 to 677.770 677.765
Unauthorized practice by acupuncturist 677.770
Fees 677.780
Acupuncture Advisory Committee 677.785
Duties of committee 677.805
“Ankle” defined for ORS 677.805 to 677.840 677.810
License required to practice podiatry 677.812
Surgery on ankle 677.814
Assisting in surgery 677.815
Application of ORS 677.805 to 677.840 677.820
Qualifications of applicants 677.825
Examination of applicants 677.830
Reciprocal licensing 677.837
Continuing podiatric education required 677.840
Fees 677.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 677.205’s source at oregon​.gov