ORS Chapter 676
Chapter 676 — HealthProfessions Generally
2009 EDITION
HEALTHPROFESSIONS GENERALLY
OCCUPATIONSAND PROFESSIONS
USEOF TITLES IMPORTING HEALTH CARE PROFESSION
676.110 Useof title “doctor”
676.120 Useof deceased licensee’s name
676.130 Enforcementof ORS 676.110 and 676.120
REPORTINGOBLIGATIONS
676.150 Dutyto report prohibited or unprofessional conduct, arrests and convictions;investigation; confidentiality; immunity from liability
PROCESSINGOF COMPLAINTS AGAINST HEALTH PROFESSIONALS
676.160 Definitionsfor ORS 676.165 to 676.180
676.165 Complaintinvestigation
676.170 Immunityof information providers
676.175 Complaintsand investigations confidential; exceptions; fees
676.177 Disclosureof confidential information to another public entity; criteria
676.180 Noticeprior to disclosure
IMPAIREDHEALTH PROFESSIONAL PROGRAM
676.185 Definitionsfor ORS 676.185 to 676.200
676.190 Establishmentof program; reports of noncompliance; diversion agreements; audit; rules
676.195 Monitoringentity; reports to health professional licensing boards; audit; fees
676.200 Boardparticipation in program; rules
EFFECTOF EXPIRATION, LAPSE, SURRENDER, SUSPENSION OR REVOCATION OF LICENSE
676.205 Continuingjurisdiction of boards; effect of expiration, lapse, surrender, suspension orrevocation of license
676.210 Practiceof health care profession after suspension or revocation of license prohibited
676.220 Enjoininghealth care professional from practicing after suspension or revocation oflicense
676.230 Injunctionas cumulative remedy
HEALTHCARE PROVIDER REPORTING OF BLOOD ALCOHOL LEVEL
676.260 Healthcare provider notification of blood alcohol level; content of notice
676.280 Immunityof person participating in report pursuant to ORS 676.260
676.300 Authorityof health care provider to notify law enforcement agency that patient who isunder influence of intoxicants is about to drive vehicle; immunity
MISCELLANEOUS
676.303 Purposesof health professional regulatory boards; authority of boards to requirefingerprints
676.306 Executivedirectors; reports; rules
676.310 Feesfor laboratory testing; itemized billing; failure to comply consideredunprofessional conduct
676.330 Approvedosteopathic residency training and certification included as medical specialtycertification
676.340 Limitationson liability of health practitioners providing health care services withoutcompensation; requirements; exceptions; attorney fees; applicability
676.345 Registrationprogram for health care professionals claiming liability limitation; programrequirements
676.350 Authorityof health professional regulatory boards to adopt rules permitting expeditedpartner therapy
676.400 Racialand ethnic composition of regulated health professions; findings; duties of healthprofessional regulatory boards
676.405 Releaseof personal information
676.410 Informationrequired for issuance or renewal of certain licenses; confidentiality; fees
676.440 Dutyof health professional regulatory boards to encourage multidisciplinary painmanagement services
OREGONHEALTH LICENSING AGENCY
676.605 Purposeof Oregon Health Licensing Agency
676.606 Oversightand centralized service by agency
676.607 Agencyresponsibilities; enumeration of powers not exclusive; rules
676.608 Investigativeauthority; conduct of investigation
676.609 Disclosureof records
676.610 Director;appointment and qualifications; responsibilities; duties
676.611 Dutyof director to keep records and prepare reports; peer review of agencyactivities; rules
676.612 Disciplinaryauthority; authority of agency to require fingerprints
676.613 Injunctions
676.615 Rulemakingauthority
676.617 Singlefacility license; rules; fees
676.618 Inspectionof facilities
676.620 Useof services of Oregon Department of Administrative Services
676.622 Electronicand facsimile signatures
676.625 OregonHealth Licensing Agency Account; fees; record keeping; disposition of receipts
PENALTIES
676.990 Criminalpenalties
676.992 Civilpenalties
676.010 [Amended by1967 c.470 §64; repealed by 1973 c.31 §5]
676.020 [Amended by1953 c.203 §1; 1957 c.212 §1; repealed by 1973 c.31 §5]
676.030 [Amended by1957 c.212 §2; 1967 c.470 §65; repealed by 1973 c.31 §5]
676.035 [1967 c.184 §1;1971 c.15 §1; repealed by 1973 c.31 §5]
676.040 [Amended by1957 c.212 §3; repealed by 1973 c.31 §5]
676.050 [Amended by1953 c.203 §2; 1957 c.212 §4; repealed by 1973 c.31 §5]
676.060 [Repealed by1973 c.31 §5]
676.070 [Repealed by1973 c.31 §5]
676.080 [Repealed by1973 c.31 §5]
676.090 [Repealed by1973 c.31 §5]
USEOF TITLES IMPORTING HEALTH CARE PROFESSION
676.100 [Repealed by2009 c.142 §6]
676.110Use of title “doctor.” (1) An individual practicing a health careprofession may not use the title “doctor” in connection with the profession,unless the individual:
(a)Has earned a doctoral degree in the individual’s field of practice; and
(b)(A)Is licensed by a health professional regulatory board as defined in ORS 676.160to practice the particular health care profession in which the individual’sdoctoral degree was earned; or
(B)Is working under a board-approved residency contract and is practicing underthe license of a supervisor who is licensed by a health professional regulatoryboard as defined in ORS 676.160 to practice the particular health careprofession in which the individual’s doctoral degree was earned.
(2)When an individual uses the title “doctor” on written or printed matter or inconnection with advertising, billboards, signs or professional notices, theindividual shall designate the health care profession in which the individual’sdoctoral degree was earned. The designation must be in letters or print atleast one-fourth the size of the largest letters used in the title “doctor,”and in material, color, type or illumination to give display and legibility ofat least one-fourth that of the title “doctor.”
(3)Subsection (1) of this section does not prohibit:
(a)A chiropractic physician licensed under ORS chapter 684 from using the title “chiropracticphysician”;
(b)A naturopathic physician licensed under ORS chapter 685 from using the title “naturopathicphysician”;
(c)A person licensed to practice optometry under ORS chapter 683 from using thetitle “doctor of optometry” or “optometric physician”; or
(d)A podiatric physician licensed under ORS 677.805 to 677.840 from using thetitle “podiatric physician.” [Amended by 1967 c.470 §66; 1983 c.169 §29; 1983c.486 §1a; 1983 c.769 §1; 1991 c.314 §4; 1995 c.765 §1; 2007 c.418 §1; 2009c.142 §1]
676.120Use of deceased licensee’s name. Notwithstanding ORS 676.110, upon thedeath of any person duly licensed by a health professional regulatory board asdefined in ORS 676.160, the executors of the estate or the heirs, assigns,associates or partners may retain the use of the decedent’s name, where itappears other than as a part of an assumed name, for no more than one yearafter the death of such person or until the estate is settled, whichever issooner. [Amended by 1953 c.137 §2; 1983 c.769 §2; 1991 c.314 §5; 2009 c.142 §2]
676.130Enforcement of ORS 676.110 and 676.120. Each health professional regulatoryboard as defined in ORS 676.160 shall notify the appropriate district attorneyof any violation of ORS 676.110 and 676.120 which may be brought to theattention of such board. The district attorney of the county in which anyviolation of those sections takes place shall prosecute the violation uponbeing informed of the violation by any person or by one of such boards. [Amendedby 1983 c.769 §3; 2009 c.142 §3]
676.140 [Repealed by1967 c.470 §68]
REPORTINGOBLIGATIONS
676.150Duty to report prohibited or unprofessional conduct, arrests and convictions;investigation; confidentiality; immunity from liability. (1) As used inthis section:
(a)“Board” means the:
(A)State Board of Examiners for Speech-Language Pathology and Audiology;
(B)State Board of Chiropractic Examiners;
(C)State Board of Licensed Social Workers;
(D)Oregon Board of Licensed Professional Counselors and Therapists;
(E)Oregon Board of Dentistry;
(F)Board of Examiners of Licensed Dietitians;
(G)State Board of Massage Therapists;
(H)Oregon Board of Naturopathic Medicine;
(I)Oregon State Board of Nursing;
(J)Nursing Home Administrators Board;
(K)Oregon Board of Optometry;
(L)State Board of Pharmacy;
(M)Oregon Medical Board;
(N)Occupational Therapy Licensing Board;
(O)Physical Therapist Licensing Board;
(P)State Board of Psychologist Examiners;
(Q)Board of Radiologic Technology;
(R)State Board of Direct Entry Midwifery;
(S)State Board of Denture Technology;
(T)Respiratory Therapist Licensing Board;
(U)Department of Human Services, to the extent that the department certifiesemergency medical technicians;
(V)Oregon State Veterinary Medical Examining Board; or
(W)State Mortuary and Cemetery Board.
(b)“Licensee” means a health professional licensed or certified by or registeredwith a board.
(c)“Prohibited conduct” means conduct by a licensee that:
(A)Constitutes a criminal act against a patient or client; or
(B)Constitutes a criminal act that creates a risk of harm to a patient or client.
(d)“Unprofessional conduct” means conduct unbecoming a licensee or detrimental tothe best interests of the public, including conduct contrary to recognizedstandards of ethics of the licensee’s profession or conduct that endangers thehealth, safety or welfare of a patient or client.
(2)Unless state or federal laws relating to confidentiality or the protection ofhealth information prohibit disclosure, a licensee who has reasonable cause tobelieve that another licensee has engaged in prohibited or unprofessionalconduct shall report the conduct to the board responsible for the licensee whois believed to have engaged in the conduct. The reporting licensee shall reportthe conduct without undue delay, but in no event later than 10 working daysafter the reporting licensee learns of the conduct.
(3)A licensee who is convicted of a misdemeanor or felony or who is arrested for afelony crime shall report the conviction or arrest to the licensee’s boardwithin 10 days after the conviction or arrest.
(4)The board responsible for a licensee who is reported to have engaged inprohibited or unprofessional conduct shall investigate in accordance with theboard’s rules. If the board has reasonable cause to believe that the licenseehas engaged in prohibited conduct, the board shall present the facts to anappropriate law enforcement agency without undue delay, but in no event laterthan 10 working days after the board finds reasonable cause to believe that thelicensee engaged in prohibited conduct.
(5)A licensee who fails to report prohibited or unprofessional conduct as requiredby subsection (2) of this section or the licensee’s conviction or arrest asrequired by subsection (3) of this section is subject to discipline by theboard responsible for the licensee.
(6)A licensee who fails to report prohibited conduct as required by subsection (2)of this section commits a Class A violation.
(7)Notwithst