Oregon Chapter 676
Chapter 676 — Health Professions GenerallyDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 676 —
Health Professions Generally
2007 EDITION
HEALTH PROFESSIONS GENERALLY
OCCUPATIONS AND PROFESSIONS
USE OF TITLES IMPORTING HEALTH CARE
PROFESSION
676.100 Definitions
for ORS 676.100 to 676.130
676.110 Practitioner
to designate particular business or profession
676.120 Use
of business or professional designation by unlicensed person prohibited; use of
deceased licensee’s name
676.130 Enforcement
of ORS 676.100 to 676.120
PROCESSING OF COMPLAINTS AGAINST HEALTH
PROFESSIONALS
676.160 Definitions
for ORS 676.165 to 676.180
676.165 Complaint
investigation
676.170 Immunity
of information providers
676.175 Complaints
and investigations confidential; exceptions; fees
676.177 Disclosure
of confidential information to another public entity; criteria
676.180 Notice
prior to disclosure
ENJOINING PRACTICE AFTER SUSPENSION OR
REVOCATION OF LICENSE
676.210 Practice
of health care profession after suspension or revocation of license prohibited
676.220 Enjoining
health care professional from practicing after suspension or revocation of
license
676.230 Injunction
as cumulative remedy
HEALTH CARE PROVIDER REPORTING OF BLOOD
ALCOHOL LEVEL
676.260 Health
care provider notification of blood alcohol level; content of notice
676.280 Immunity
of person participating in report pursuant to ORS 676.260
676.300 Authority
of health care provider to notify law enforcement agency that patient who is
under influence of intoxicants is about to drive vehicle; immunity
MISCELLANEOUS
676.310 Fees
for laboratory testing; itemized billing; failure to comply considered
unprofessional conduct
676.330 Approved
osteopathic residency training and certification included as medical specialty
certification
676.340 Limitations
on liability of health practitioners providing health care services without
compensation; requirements; exceptions; attorney fees; applicability
676.345 Registration
program for health care professionals claiming liability limitation; program
requirements
676.400 Racial
and ethnic composition of regulated health professions; findings; duties of
health professional regulatory boards
676.440 Duty
of health professional regulatory boards to encourage multidisciplinary pain
management services
676.605 Purpose
of
676.606 Oversight
and centralized service by agency
676.607 Agency
responsibilities; enumeration of powers not exclusive; rules
676.608 Investigative
authority
676.610 Director;
appointment and qualifications; responsibilities; duties
676.612 Disciplinary
authority; authority of agency to require fingerprints
676.613 Injunctions
676.615 Rulemaking
authority
676.617 Single
facility license; rules; fees
676.618 Inspection
of facilities
676.620 Use
of services of Oregon Department of Administrative Services
676.625 Oregon
Health Licensing Agency Account; fees; record keeping; disposition of receipts
PENALTIES
676.990 Criminal
penalties
676.992 Civil
penalties
676.010 [Amended by 1967 c.470 §64; repealed by 1973 c.31 §5]
676.020 [Amended by 1953 c.203 §1; 1957 c.212 §1;
repealed by 1973 c.31 §5]
676.030 [Amended by 1957 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 by 1957 c.212 §3; repealed by 1973
c.31 §5]
676.050 [Amended by 1953 c.203 §2; 1957 c.212 §4;
repealed by 1973 c.31 §5]
676.060 [Repealed by 1973 c.31 §5]
676.070 [Repealed by 1973 c.31 §5]
676.080 [Repealed by 1973 c.31 §5]
676.090 [Repealed by 1973 c.31 §5]
USE OF TITLES
IMPORTING HEALTH CARE PROFESSION
676.100
Definitions for ORS 676.100 to 676.130. As used in ORS 676.100 to 676.130, unless the context requires
otherwise, “person” means and includes any “clinic,” “institute,” “specialist”
or any group or combination of persons.
676.110
Practitioner to designate particular business or profession. Any person practicing a health care
profession who uses the title “doctor,” or any contraction thereof, “clinic,” “institute,”
“specialist” or any other assumed or artificial name or title, in connection
with the business or profession, on any written or printed matter, or in
connection with any advertising, billboards, signs or professional notices,
shall add after the name of the person, or after any such assumed or artificial
names, one of the following respective designations in letters or print which
shall be at least one-fourth the size of the largest letters used in the title
or name, and in material, color, type or illumination to give display and legibility
of at least one-fourth that of the title or name:
(1) In the case of a person practicing
podiatry, the word “podiatrist” or the words “podiatric physician” or “podiatric
physician and surgeon.”
(2) In the case of a person practicing
chiropractic, the word “chiropractor” or the words “chiropractic physician.”
(3) In the case of a person practicing
dentistry, the word “dentist” or “dentistry.”
(4) In the case of a person practicing
naturopathic medicine, the word “naturopath” or the words “naturopathic
physician.”
(5) In the case of a person practicing
optometry, the word “optometrist” or the words “doctor of optometry” or “optometric
physician.”
(6) In the case of a person licensed to
practice medicine by the Oregon Medical Board who holds the degree of Doctor of
Osteopathy, or the equivalent, the word “osteopath” or the words “osteopathic
physician” or “osteopathic physician and surgeon.”
(7) In the case of a person licensed to
practice medicine by the Oregon Medical Board who holds the degree of Doctor of
Medicine, or the equivalent, the word “physician” or the word “surgeon” or the
words “physician and surgeon.”
(8) In the case of a person practicing
veterinary medicine, the word “veterinarian.”
(9) In the case of a person practicing
acupuncture, the word “acupuncturist” and in the case of a person who has
completed a program that leads to a doctoral degree in Oriental Medicine and
Acupuncture from a school that has federally recognized accreditation, the
words “doctor of acupuncture and oriental medicine.” [Amended by 1967 c.470 §66;
1983 c.169 §29; 1983 c.486 §1a; 1983 c.769 §1; 1991 c.314 §4; 1995 c.765 §1;
2007 c.418 §1]
676.120
Use of business or professional designation by unlicensed person prohibited;
use of deceased licensee’s name. No person shall use any of the designations stated in ORS 676.110 (1)
to (9), in connection with the name, business or profession of the person or in
connection with an assumed or artificial name, or “clinic,” “institute” or “specialist,”
unless the person is licensed under the laws of this state to practice the
particular health care profession indicated by such designation, as stated in
ORS 676.110. However, upon the death of any person duly licensed by any board
empowered to license any practitioner of a health care profession, the
executors of the estate or the heirs, assigns, associates or partners may
retain the use of the decedent’s name, where it appears other than as a part of
an assumed name, for no more than one year after the death of such person or until
the estate is settled, whichever is sooner. [Amended by 1953 c.137 §2; 1983
c.769 §2; 1991 c.314 §5]
676.130
Enforcement of ORS 676.100 to 676.120. Each board licensing any of the health care professions, within this
state, shall notify the appropriate district attorney of any violation of ORS
676.100 to 676.120 which may be brought to the attention of such board. The
district attorney of the county in which any violation of those sections takes
place shall prosecute the violation upon being informed of the violation by any
person or by one of such boards. [Amended by 1983 c.769 §3]
676.140 [Repealed by 1967 c.470 §68]
PROCESSING OF
COMPLAINTS AGAINST HEALTH PROFESSIONALS
676.160
Definitions for ORS 676.165 to 676.180. As used in ORS 676.165 to 676.180, “health professional regulatory
board” means the:
(1) State Board of Examiners for
Speech-Language Pathology and Audiology;
(2) State Board of Chiropractic Examiners;
(3) State Board of Clinical Social
Workers;
(4)
(5)
(6) Board of Examiners of Licensed
Dietitians;
(7) State Board of Massage Therapists;
(8) State Mortuary and Cemetery Board;
(9) Board of Naturopathic Examiners;
(10)
(11) Board of Examiners of Nursing Home
Administrators;
(12)
(13) State Board of Pharmacy;
(14)
(15) Occupational Therapy Licensing Board;
(16) Physical Therapist Licensing Board;
(17) State Board of Psychologist
Examiners;
(18) Board of Radiologic Technology;
(19)
(20) Department of Human Services to the
extent that the department certifies emergency medical technicians. [1997 c.791
§1; 1999 c.537 §4; 2001 c.274 §4]
Note: 676.160 to 676.180 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapters
676 to 681 or any chapter or series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.
676.165
Complaint investigation. (1)
Upon receipt of a complaint by any person against a licensee or applicant, a
health professional regulatory board shall assign one or more persons to act as
investigator of the complaint.
(2) The investigator shall collect
evidence and interview witnesses and shall make a report to the board. The
investigator shall have all investigatory powers possessed by the board.
(3) The report to the board shall describe
the evidence gathered, the results of witness interviews and any other
information considered in preparing the report of the investigator. The
investigator shall consider, and include in the report, any disciplinary
history of the licensee or applicant with the board.
(4) The investigator shall make the report
to the board not later than 120 days after the board receives the complaint.
However, the board may extend the time for making the report by up to 30 days
for just cause. The board may grant more than one extension of time.
(5) Investigatory information obtained by
an investigator and the report issued by the investigator shall be exempt from
public disclosure. [1997 c.791 §5]
Note: See note under 676.160.
676.170
Immunity of information providers. A person who reports or supplies information in good faith to a health
professional regulatory board or to a committee reporting to a health
professional regulatory board shall be immune from an action for civil damages
as a result thereof. [1997 c.791 §4]
Note: See note under 676.160.
676.175
Complaints and investigations confidential; exceptions; fees. (1) A health professional regulatory board
shall keep confidential and not disclose to the public any information obtained
by the board as part of an investigation of a licensee or applicant, including
complaints concerning licensee or applicant conduct and information permitting
the identification of complainants, licensees or applicants. However, the board
may disclose information obtained in the course of an investigation of a
licensee or applicant to the extent necessary to conduct a full and proper
investigation.
(2) Notwithstanding subsection (1) of this
section, if a health professional regulatory board votes not to issue a notice
of intent to impose a disciplinary sanction:
(a) The board shall disclose information
obtained as part of an investigation of an applicant or licensee if the person
requesting the information demonstrates by clear and convincing evidence that
the public interest in disclosure outweighs other interests in nondisclosure,
including but not limited to the public interest in nondisclosure.
(b) The board may disclose to a
complainant a written summary of information obtained as part of an
investigation of an applicant or licensee resulting from the complaint to the
extent the board determines necessary to explain the reasons for the board’s
decision. An applicant or licensee may review and obtain a copy of any written
summary of information disclosed to a complainant by the board after the board
has deleted any information that could reasonably be used to identify the
complainant.
(3) If a health professional regulatory
board votes to issue a notice of intent to impose a disciplinary sanction, upon
written request by the licensee or applicant, the board shall disclose to the
licensee or applicant all information obtained by the board in the
investigation of the allegations in the notice except:
(a) Information that is privileged or
confidential under a law other than this section.
(b) Information that would permit the
identification of any person who provided information that led to the filing of
the notice and who will not provide testimony at a hearing arising out of the
investigation.
(c) Information that would permit the
identification of any person as a person who made a complaint to the board
about a licensee or applicant.
(d) Reports of expert witnesses.
(4) Information disclosed to a licensee or
applicant under subsection (3) of this section may be further disclosed by the
licensee or applicant only to the extent necessary to prepare for a hearing on
the notice of intent to impose a disciplinary sanction.
(5)(a) A health professional regulatory
board shall disclose:
(A) A notice of intent to impose a
disciplinary sanction against a licensee or applicant that has been issued by
vote of the board;
(B) A final order that results from the
board’s notice of intent to impose a disciplinary sanction;
(C) An emergency suspension order;
(D) A consent order or stipulated
agreement that involves licensee or applicant conduct; and
(E) Information to further an
investigation into board conduct under ORS 192.685.
(b) A health professional regulatory board
may make the information required to be disclosed under paragraph (a)(A) to (D)
of this subsection available in electronic form, accessible by use of a
personal computer or similar technology that provides direct electronic access
to the information.
(6) If a notice of intent to impose a
disciplinary sanction has been issued by vote of a health professional
regulatory board, a final order that results from the board’s notice of intent
to impose a disciplinary sanction, an emergency suspension order or a consent
order or stipulated agreement that involves licensee or applicant conduct shall
summarize the factual basis for the board’s disposition of the matter.
(7) A health professional regulatory board
record or order, or any part thereof, obtained as part of or resulting from an
investigation, contested case proceeding, consent order or stipulated
agreement, is not admissible as evidence and may not preclude an issue or claim
in any civil proceeding except in a proceeding between the board and the
licensee or applicant as otherwise allowed by law.
(8)(a) Notwithstanding subsection (1) of this
section, it is not disclosure to the public for a board to permit other public
officials and members of the press to attend executive sessions where
information obtained as part of an investigation is discussed. Public officials
and members of the press attending such executive sessions shall not disclose
information obtained as part of an investigation to any other member of the
public.
(b) For purposes of this subsection, “public
official” means a member or member-elect, or any member of the staff or an
employee, of a public entity as defined by ORS 676.177.
(9) A health professional regulatory board
may establish fees reasonably calculated to reimburse the actual cost of
disclosing information to licensees or applicants as required by subsection (3)
of this section. [1997 c.791 §2; 1999 c.751 §3; 2005 c.801 §1]
Note: See note under 676.160.
676.177
Disclosure of confidential information to another public entity; criteria. (1) Notwithstanding any other provision of
ORS 676.165 to 676.180, a health professional regulatory board, upon a
determination by the board that it possesses otherwise confidential information
that reasonably relates to the regulatory or enforcement function of another
public entity, may disclose that information to the other public entity.
(2) Any public entity that receives
information pursuant to subsection (1) of this section shall agree to take all
reasonable steps to maintain the confidentiality of the information, except
that the public entity may use or disclose the information to the extent
necessary to carry out the regulatory or enforcement functions of the public
entity.
(3) For purposes of this section, “public
entity” means:
(a) A board or agency of this state, or a
board or agency of another state with regulatory or enforcement functions
similar to the functions of a health professional regulatory board of this
state;
(b) A district attorney;
(c) The Department of Justice;
(d) A state or local public body of this
state that licenses, franchises or provides emergency medical services; or
(e) A law enforcement agency of this
state, another state or the federal government. [1999 c.751 §2]
Note: See note under 676.160.
676.180
Notice prior to disclosure.
If a health professional regulatory board intends to disclose a record pursuant
to ORS 676.175 (2), the board shall provide the licensee or applicant seven
days’ prior written notice by first class mail. The notice shall describe the
record that the board intends to disclose in sufficient detail to permit the licensee
or applicant to know the contents of the record. In any subsequent action for
injunctive or declaratory relief, the burden shall be on the person seeking
disclosure to demonstrate by clear and convincing evidence that the public
interest in disclosure outweighs other interests in nondisclosure, including
but not limited to the public interest in nondisclosure. [1997 c.791 §3]
Note: See note under 676.160.
ENJOINING
PRACTICE AFTER SUSPENSION OR REVOCATION OF LICENSE
676.210
Practice of health care profession after suspension or revocation of license
prohibited. No person whose
license has been revoked or suspended by any board authorized by the statutes
of the State of
676.220
Enjoining health care professional from practicing after suspension or
revocation of license. (1)
If at any time the board suspending or revoking the license of any licentiate
of a health care profession determines that such licentiate is continuing to
practice the health care profession notwithstanding, the board shall in its own
name bring an action to enjoin such licentiate.
(2) If the court shall find that the
licentiate has been or is continuing the practice of the health care profession
for which the license has been revoked or suspended it shall issue an
injunction restraining the licentiate. The commission of a single act
constituting the practice of the respective health care profession shall be
prima facie evidence warranting the issuance of such injunction. [1953 c.592 §2;
1979 c.284 §191; 1983 c.769 §5]
676.230
Injunction as cumulative remedy. The remedy herein provided is cumulative and shall be without
prejudice to any other civil or criminal remedy. [1953 c.592 §3]
HEALTH CARE
PROVIDER REPORTING OF BLOOD ALCOHOL LEVEL
676.260
Health care provider notification of blood alcohol level; content of notice. (1) If a health care provider who is
providing medical care in a health care facility immediately after a motor
vehicle accident to a person reasonably believed to be the operator of a motor
vehicle involved in the accident, becomes aware, as a result of any blood test
performed in the course of that treatment, that the person’s blood alcohol
level meets or exceeds the percent specified in ORS 813.010, the health care
provider must notify any law enforcement officer who is at the health care
facility and is acting in an official capacity in relation to the motor vehicle
accident. If no law enforcement officer is present in an official capacity at
the health care facility, the health care facility must notify a law
enforcement agency in the county in which the accident occurred, or an Oregon
State Police dispatch center, as soon as possible but no more than 72 hours
after becoming aware of the results of the blood test.
(2) The notice shall consist of the name
of the person being treated, the blood alcohol level disclosed by the test and
the date and time of the administration of the test.
(3) Nothing contained in ORS 40.225 to
40.295 affects the requirement to provide notice imposed by this section, and
the health care provider shall not be considered to have breached any duty
under ORS 40.225 to 40.295 owed to the person about whom the notice is made. [1995
c.546 §1; 2003 c.89 §2; 2007 c.662 §1]
Note: 676.260 and 676.280 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapters
676 to 681 or any chapter or series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.
676.280
Immunity of person participating in report pursuant to ORS 676.260. No action or administrative proceeding shall
be brought against anyone participating in good faith in providing notice
pursuant to ORS 676.260 and any person participating in providing notice shall
have immunity from any liability, civil or criminal, and from any professional
disciplinary action, that might otherwise be incurred or imposed with respect
to the notification or the content of the notice. Any such participant shall
have the same immunity with respect to participating in any judicial proceeding
resulting from the notice. [1995 c.546 §2; 2003 c.89 §3]
Note: See note under 676.260.
676.300
Authority of health care provider to notify law enforcement agency that patient
who is under influence of intoxicants is about to drive vehicle; immunity. (1) If a health care provider who is
providing emergency medical care in a health care facility to a person has
reason to believe that the person is under the influence of intoxicants and is
about to drive a motor vehicle on a highway as defined in ORS 801.305 or a
premises open to the public as defined in ORS 801.400 and is a clear and
present danger to society, the health care provider may notify as soon as
reasonably possible the law enforcement agency which has jurisdiction over the
health care facility site.
(2) The notice shall consist of the name
and physical description of the person being treated and the fact that the
health care provider believes the person is intoxicated and is about to drive a
motor vehicle as described in subsection (1) of this section.
(3) The health care provider may inform
the person if the health care provider intends to notify the law enforcement
agency described in subsection (1) of this section. The person’s consent is not
required.
(4) Anyone participating in good faith in
the making of a report or not making a report pursuant to subsections (1) to
(3) of this section shall have immunity from any liability, civil or criminal,
that might otherwise be incurred or imposed with respect to the making or the
content of such report. Any such participant shall have the same immunity with
respect to participating in any judicial proceeding resulting from such report.
[Formerly 441.827]
Note: 676.300 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapters 676 to
681 or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
MISCELLANEOUS
676.310
Fees for laboratory testing; itemized billing; failure to comply considered
unprofessional conduct. (1)
Any person authorized by law to order laboratory testing may charge a reasonable
fee for all laboratory and other specialized testing performed by the
practitioner or by a person in the practitioner’s employ. In addition, the
practitioner is entitled to charge a reasonable fee for collecting and
preparing specimens to be sent to independent persons or laboratories for
testing, and for the preparation of the billing to the patient for the test.
However, a practitioner shall not mark up, or charge a commission or make a
profit on services rendered by an independent person or laboratory.
(2) A practitioner shall prepare an
itemized billing, indicating the charges for each service rendered to the
patient. Any services rendered to the patient that were performed by persons
other than those in the direct employ of the practitioner and the charges
therefor shall be indicated separately on the patient’s bill.
(3) Failure to comply with the
requirements of this section shall be considered to be unprofessional conduct
and may be subject to disciplinary action by the appropriate licensing board.
(4) As used in this section, “practitioner”
means a person licensed to practice medicine, dentistry, naturopathic medicine
or chiropractic or to be a nurse practitioner. [1979 c.428 §1]
676.330
Approved osteopathic residency training and certification included as medical
specialty certification. Any
health care entity, hospital, hospital medical staff, health care service
contractor, independent practice association, health insurance company or any
other entity that requires physicians to be certified or eligible for
certification in a medical specialty shall include residency training and
certification approved by the American Osteopathic Association and the American
Board of Medical Specialties. [1995 c.627 §1]
Note: 676.330 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapters 676 to
681 or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
676.340
Limitations on liability of health practitioners providing health care services
without compensation; requirements; exceptions; attorney fees; applicability. (1) Notwithstanding any other provision of
law, a health practitioner described in subsection (7) of this section who has
registered under ORS 676.345 and who provides health care services without
compensation is not liable for any injury, death or other loss arising out of
the provision of those services, unless the injury, death or other loss results
from the gross negligence of the health practitioner.
(2) A health practitioner may claim the
limitation on liability provided by this section only if the patient receiving
health care services, or a person who has authority under law to make health
care decisions for the patient, signs a statement that notifies the patient
that the health care services are provided without compensation and that the
health practitioner may be held liable for death, injury or other loss only to
the extent provided by this section. The statement required under this
subsection must be signed before the health care services are provided.
(3) A health practitioner may claim the
limitation on liability provided by this section only if the health
practitioner obtains the patient’s informed consent for the health care
services before providing the services, or receives the informed consent of a
person who has authority under law to make health care decisions for the
patient.
(4) A health practitioner provides health
care services without compensation for the purposes of subsection (1) of this
section even though the practitioner requires payment of laboratory fees,
testing services and other out-of-pocket expenses.
(5) A health practitioner provides health
care services without compensation for the purposes of subsection (1) of this
section even though the practitioner provides services at a health clinic that
receives compensation from the patient, as long as the health practitioner does
not personally receive compensation for the services.
(6) In any civil action in which a health
practitioner prevails based on the limitation on liability provided by this
section, the court shall award all reasonable attorney fees incurred by the
health practitioner in defending the action.
(7) This section applies only to:
(a) A physician licensed under ORS 677.100
to 677.228;
(b) A nurse licensed under ORS 678.040 to
678.101;
(c) A nurse practitioner licensed under
ORS 678.375 to 678.390;
(d) A clinical nurse specialist certified
under ORS 678.370 and 678.372;
(e) A physician assistant licensed under
ORS 677.505 to 677.525;
(f) A dental hygienist licensed under ORS
680.010 to 680.205; and
(g) A dentist licensed under ORS 679.060
to 679.180. [1999 c.771 §1; 1999 c.771 §3; 2005 c.462 §2]
Note: 676.340 and 676.345 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapters
676 to 681 or any chapter or series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.
676.345
Registration program for health care professionals claiming liability limitation;
program requirements. (1) A
health practitioner described in ORS 676.340 (7) may claim the liability
limitation provided by ORS 676.340 only if the health practitioner has
registered with a health professional regulatory board in the manner provided
by this section. Registration under this section must be made:
(a) By a physician or physician assistant,
with the Oregon Medical Board;
(b) By a nurse, nurse practitioner or
clinical nurse specialist, with the Oregon State Board of Nursing; and
(c) By a dentist or dental hygienist, with
the Oregon Board of Dentistry.
(2) The health professional regulatory
boards listed in subsection (1) of this section shall establish a registration
program for the health practitioners who provide health care services without
compensation and who wish to be subject to the liability limitation provided by
ORS 676.340. All health practitioners registering under the program must
provide the health professional regulatory board with:
(a) A statement that the health
practitioner will provide health care services to patients without
compensation, except for reimbursement for laboratory fees, testing services
and other out-of-pocket expenses;
(b) A statement that the health
practitioner will provide the notice required by ORS 676.340 (2) in the manner
provided by ORS 676.340 (2) before providing the services; and
(c) A statement that the health
practitioner will only provide health care services without compensation that
are within the scope of the health practitioner’s license.
(3) Registration under this section must
be made annually. The health professional regulatory boards listed in
subsection (1) of this section shall charge no fee for registration under this
section. [1999 c.771 §2; 1999 c.771 §4; 2005 c.462 §3]
Note: See note under 676.340.
676.400
Racial and ethnic composition of regulated health professions; findings; duties
of health professional regulatory boards. (1) It is the intention of the Legislative Assembly to achieve the
goal of universal access to adequate levels of high quality health care at an
affordable cost for all Oregonians, regardless of ethnic or cultural
background.
(2) The Legislative Assembly finds that:
(a) Access to health care is of value when
it leads to treatment that substantially improves health outcomes;
(b) Health care is most effective when it
accounts for the contribution of culture to health status and health outcomes;
(c) Ethnic and racial minorities
experience more than their statistically fair share of undesirable health
outcomes;
(d) The lack of licensed health care
professionals from ethnic and racial minorities or who are bilingual
contributes to the inadequacy of health outcomes in communities of color in
this state; and
(e) The development of a partnership
between health professional regulatory boards and communities of color to
increase the representation of people of color and bilingual people in health
care professions has significant potential to improve the health outcomes of
people of color and bilingual citizens of this state.
(3) Health professional regulatory boards
shall establish programs to increase the representation of people of color and
bilingual people on the boards and in the professions that they regulate. Such
programs must include activities to promote the education, recruitment and
professional practice of members of these targeted populations in
(4) Each health professional regulatory
board shall maintain records of the racial and ethnic makeup of applicants and
professionals regulated by the board. Such information shall be requested from
applicants and the professionals regulated who shall be informed in writing
that the provision of such information is voluntary and not required.
(5) Each health professional regulatory
board shall report biennially to the Legislative Assembly in the manner
required by ORS 192.245. The report shall contain:
(a) Data detailing the efforts of the
board to comply with the requirements of subsection (3) of this section; and
(b) Data collected under subsection (4) of
this section documenting the ethnic and racial makeup of the applicants and of
the professionals regulated by the board.
(6) For purposes of this section, “health
professional regulatory board” has the meaning given that term in ORS 676.160. [2001
c.973 §1]
Note: 676.400 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapters 676 to
681 or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
676.440
Duty of health professional regulatory boards to encourage multidisciplinary
pain management services.
(1) Health professional regulatory boards shall encourage the development of
state-of-the-art multidisciplinary pain management services and the
availability of these services to the public.
(2) As used in subsection (1) of this
section, “health professional regulatory boards” means the:
(a)
(b) Board of Naturopathic Examiners;
(c)
(d)
(e) Physical Therapist Licensing Board;
(f) State Board of Chiropractic Examiners;
(g) State Board of Pharmacy; and
(h) State Board of Psychologist Examiners.
[2003 c.325 §1]
Note: 676.440 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapters 676 to
681 or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
676.600 [1999 c.885 §1; repealed by 2005 c.648 §121]
676.605
Purpose of
(2) The mission of the agency is to serve
the public by providing a uniform structure and accountability for the boards,
councils and programs under its administration to protect the public from harm.
The agency’s focus is to:
(a) Promote effective health policy that
protects the public from incompetent or unauthorized individuals and allows
consumers to select a provider from a range of safe options.
(b) Provide outreach and training to
stakeholders to improve compliance with public health and safety standards, and
to involve stakeholders in the regulation of the various disciplines and fields
of practice.
(c) Form partnerships and work in
collaboration with each constituency, local and state governmental agencies,
educators, organizations and other affected entities to encourage diverse
opinions and perspectives.
(d) Provide the boards, councils and
programs with a standardized administrative forum and procedures for operation,
fiscal services, licensing, enforcement and complaint resolution.
(e) Resolve disputes between regulatory
entities regarding the scope of practice of persons licensed by those entities.
[1999 c.885 §2; 2001 c.54 §1; 2005 c.648 §1]
Note: 676.605 to 676.625 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapters
676 to 681 or any chapter or series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.
676.606
Oversight and centralized service by agency. Pursuant to ORS 676.607, the Oregon Health Licensing Agency shall
provide administrative and regulatory oversight and centralized service for the
following boards, advisory councils and program:
(1) Board of Athletic Trainers, as
provided in ORS 688.701 to 688.734;
(2) Board of Cosmetology, as provided in
ORS 690.005 to 690.235;
(3) State Board of Denture Technology, as
provided in ORS 680.500 to 680.570;
(4) State Board of Direct Entry Midwifery,
as provided in ORS 687.405 to 687.495;
(5) Respiratory Therapist Licensing Board,
as provided in ORS 688.800 to 688.840;
(6) Environmental Health Registration
Board, as provided in ORS chapter 700;
(7) Advisory Council for Electrologists
and Permanent Color Technicians and Tattoo Artists, as provided in ORS 690.350
to 690.430;
(8) Advisory Council on Hearing Aids, as
provided in ORS 694.015 to 694.185;
(9) Body piercing licensing program, as
provided in ORS 690.500 to 690.570; and
(10) Sex Offender Treatment Board, as
provided in ORS 675.360 to 675.410. [2003 c.547 §6; 2005 c.648 §2; 2007 c.841 §13]
Note: See note under 676.605.
676.607
Agency responsibilities; enumeration of powers not exclusive; rules. (1) The Oregon Health Licensing Agency is
responsible for the administration and regulatory oversight of the boards,
councils and programs listed in ORS 676.606. The responsibilities of the agency
include, but are not limited to:
(a) Budgeting;
(b) Record keeping;
(c) Staffing;
(d) Contracting;
(e) Consumer protection and investigating
complaints;
(f) Approving and collecting fees;
(g) Establishing and administering uniform
application processes for the issuance of licenses, certificates, permits and
registrations;
(h) Issuing and renewing licenses,
certificates, permits and registrations;
(i) Conditioning, limiting, suspending,
revoking or refusing to issue or renew a license, certificate, permit or
registration or otherwise disciplining applicants, licensees, certificate
holders, permit holders and registration holders;
(j) Sanctioning any examination service
provider, interpreter or proctor who is under contract or agreement with the
agency and who compromises the security, confidentiality or integrity of
examinations developed or conducted pursuant to the statutory authority of the
boards and councils listed in ORS 676.606;
(k) Adopting and enforcing all
administrative rules promulgated under any statute the agency is charged with
enforcing, including board, council and program administrative rules
establishing professional standards, continuing education requirements or scope
of practice issues;