Regulation of Medicine, Podiatry and Acupuncture
Investigation of complaints and suspected violations
(1)Upon the complaint of any citizen of this state, or upon its own initiative, the Oregon Medical Board may investigate any alleged violation of this chapter. If, after the investigation, the board has reason to believe that any person is subject to prosecution criminally for the violation of this chapter, it shall lay the facts before the proper district attorney.
(2)In the conduct of investigations, the board or its designated representative may:
(b)Take the depositions of witnesses, including the person charged;
(c)Compel the appearance of witnesses, including the person charged;
(d)Require answers to interrogatories; and
(e)Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.
(3)In exercising its authority under subsection (2) of this section, the board may issue subpoenas over the signature of the executive director and the seal of the board in the name of the State of Oregon.
(4)In any proceeding under this section where the subpoena is addressed to a licensee of this board, it shall not be a defense that the material that is subject to the subpoena is protected under a patient and physician privilege.
(5)If a licensee who is the subject of an investigation or complaint is to appear before members of the board investigating the complaint, the board shall provide the licensee with a current summary of the complaint or the matter being investigated not less than five days prior to the date that the licensee is to appear. At the time the summary of the complaint or the matter being investigated is provided, the board shall provide to the licensee a current summary of documents or alleged facts that the board has acquired as a result of the investigation. The name of the complainant or other information that reasonably may be used to identify the complainant may be withheld from the licensee.
(6)A licensee who is the subject of an investigation and any person authorized to act on behalf of the licensee shall not knowingly contact the complainant until the licensee has requested a contested case hearing and the board has authorized the taking of the complainant’s deposition pursuant to ORS 183.425 (Depositions or subpoena of material witness).
(7)Except in an investigation or proceeding conducted by the board or another public entity, or in an action, suit or proceeding where a public entity is a party, a licensee shall not be questioned or examined regarding any communication with the board made in an appearance before the board as part of an investigation. This section shall not prohibit examination or questioning of a licensee regarding records dealing with a patient’s care and treatment or affect the admissibility of those records. 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). [Amended by 1983 c.486 §40; 1989 c.830 §25; 1997 c.792 §26; 1999 c.751 §5]
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