Regulation of Medicine, Podiatry and Acupuncture

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]

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)

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