Therapeutic and Technical Services: Physical Therapists

ORS 688.605
Duty to report violation

  • confidentiality
  • procedure on claims of violation


(1)

(a) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any person issued a license or permit by the Board of Medical Imaging or any employer of a licensee or permittee shall report to the board any suspected violation of ORS 688.405 (Definitions for ORS 688.405 to 688.605) to 688.605 (Duty to report violation) or any rule adopted by the board.

(b)

Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any person issued a license or permit by the board who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions) shall report the prohibited conduct in the manner provided in ORS 676.150 (Duty to report prohibited or unprofessional conduct, arrests and convictions).

(c)

Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any organization representing persons issued a license or permit by the board shall report to the board any suspected violation of ORS 688.405 (Definitions for ORS 688.405 to 688.605) to 688.605 (Duty to report violation) or any rule adopted by the board pursuant to ORS 688.405 (Definitions for ORS 688.405 to 688.605) to 688.605 (Duty to report violation).

(d)

Any person may report to the board any suspected violation of ORS 688.405 (Definitions for ORS 688.405 to 688.605) to 688.605 (Duty to report violation) or any rules adopted by the board pursuant to ORS 688.555 (Rulemaking).

(2)

Any information that the board obtains as the basis of a complaint or in the investigation of a complaint is confidential as provided under ORS 676.175 (Complaints and investigations confidential).

(3)

Any person who reports or provides information to the board and who does so in good faith is not subject to an action for civil damages as a result of reporting or providing information.

(4)

A claim of a violation of ORS 688.405 (Definitions for ORS 688.405 to 688.605) to 688.605 (Duty to report violation) shall be reported to the board and shall be substantiated by satisfactory evidence. If the board finds that a violation has occurred, the board shall, subject to the conditions of ORS 676.175 (Complaints and investigations confidential), report the violation to the Attorney General for prosecution. [1977 c.534 §22; 1993 c.247 §5; 1997 c.791 §47; 2009 c.536 §21; 2009 c.833 §43]
§§ 688.405 to 688.605

Atty. Gen. Opinions

Licensing requirements for hospital technicians employed by state correctional facilities, (1987) Vol 45, p 188


Source

Last accessed
Jun. 26, 2021