Oregon Administrative Rules
Chapter 847 - OREGON MEDICAL BOARD
Division 10 - GENERAL
Section 847-010-0073 - Reporting Requirements
Universal Citation: OR Admin Rules 847-010-0073
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Board licensees and health care facilities must report to the Board as required by ORS 676.150, 677.092, 677.190, and 677.415. These reports include, but are not limited to, the following:
(a) A licensee must self-report to the Board:
(A) Any conviction of a misdemeanor or felony
or any arrest for a felony crime to the Board within 10 days after the
conviction or arrest;
(B) Any
adverse action taken by another licensing jurisdiction or any peer review body,
health care institution, professional or medical society or association,
governmental agency, law enforcement agency or court for acts or conduct
similar to acts or conduct that would constitute grounds for disciplinary
action as described in ORS chapter 677;
(C) Any official action taken against the
licensee within 10 business days of the official action; or
(D) A voluntary withdrawal from practice,
voluntary resignation from the staff of a health care facility or voluntary
limitation of the licensee's staff privileges at a health care facility if the
licensee's voluntary action occurs while the licensee is under investigation by
the health care facility or its committee for any reason related to possible
medical incompetence, unprofessional conduct or physical incapacity or
impairment.
(b) A
licensee who has reasonable cause to believe that another state licensed health
care professional has engaged in prohibited or unprofessional conduct must
report the conduct within 10 working days to the board responsible for the
other professional unless disclosure is prohibited by state or federal laws
relating to confidentiality or protection of health information.
(c) A licensee must report within 10 business
days to the Board any information that appears to show that a licensee is or
may be medically incompetent or is or may be guilty of unprofessional or
dishonorable conduct or is or may be a licensee with a physical
incapacity.
(d) A health care
facility must report to the Board:
(A) Any
official action taken against a licensee within 10 business days of the date of
the official action; or
(B) A
licensee's voluntary withdrawal from practice, voluntary resignation from the
staff of a health care facility or voluntary limitation of the licensee's staff
privileges at a health care facility if the licensee's voluntary action occurs
while the licensee is under investigation by the health care facility or its
committee for any reason related to possible medical incompetence,
unprofessional conduct or physical incapacity or impairment.
(2) For purposes of the statutes, reporting to the Board means making a report to the Board's Investigation Unit or the Board's Executive Director or the Board's Medical Director. Making a report to the Board's Health Professionals' Services Program (HPSP) or HPSP's Medical Director does not satisfy the duty to report to the Board.
(3) For the purposes of ORS chapters 676 and 677, the terms medical incompetence, unprofessional conduct, and impaired licensee have the following meanings:
(a) Medical Incompetence: A licensee who is
medically incompetent is one who is unable to practice medicine with reasonable
skill or safety due to lack of knowledge, lack of ability, or impairment.
Evidence of medical incompetence shall include:
(A) Gross or repeated acts of negligence
involving patient care.
(B) Failure
to achieve a passing score or satisfactory rating on a competency examination
or program of evaluation when the examination or evaluation is ordered or
directed by the Board or a health care facility.
(C) Failure to complete a course or program
of remedial education when ordered or directed to do so by the Board or a
health care facility, or a medical education or training program.
(b) Unprofessional conduct:
Unprofessional conduct includes the behavior described in ORS
677.188(4),
defined as conduct which is unbecoming to a person licensed by the Board or
detrimental to the best interest of the public, and which includes:
(A)
(i) Any
conduct or practice contrary to recognized standards of ethics of the medical,
podiatric, or acupuncture professions, or
(ii) Any conduct which does or might
constitute a danger to the health or safety of a patient or the public, to
include a violation of patient boundaries, or
(iii) Any conduct or practice which does or
might adversely affect a provider's ability to safely and skillfully practice
medicine, podiatry, or acupuncture; or
(iv) Practicing with a condition that is
adversely affecting a provider's ability to safely and skillfully practice
medicine, podiatry, or acupuncture.
(B) Willful performance of any surgical or
medical treatment which is contrary to acceptable medical standards.
(C)
(i)
Willful and repeated ordering or performance of unnecessary laboratory tests or
radiologic studies; or
(ii)
Administration of unnecessary treatment; or
(iii) Employment of outmoded, unproved, or
unscientific treatments, except as allowed in ORS
677.190(1)(b);
or
(iv) Failing to obtain
consultations when failing to do so is not consistent with the standard of
care; or
(v) Otherwise utilizing
medical service for diagnosis or treatment which is or may be considered
inappropriate or unnecessary.
(D) Fraud in the performance of, or the
billing for, medical procedures.
(E) Repeated instances of disruptive behavior
in the health care setting that could adversely affect the delivery of health
care to patients.
(F) Sexual
misconduct: Licensee sexual misconduct is behavior that exploits the
licensee-patient relationship in a sexual way. The behavior is non-diagnostic
and non-therapeutic, may be verbal, physical or other behavior, and may include
expressions of thoughts and feelings or gestures that are sexual or that
reasonably may be construed by a patient as sexual. Sexual misconduct includes
but is not limited to:
(i) Sexual violation:
Licensee-patient sex, whether or not initiated by the patient, and engaging in
any conduct with a patient or the patient's immediate family that is sexual or
may be reasonably interpreted as sexual, including but not limited to:
(I) Sexual intercourse;
(II) Genital to genital contact;
(III) Oral to genital contact;
(IV) Oral to anal contact;
(V) Genital to anal contact;
(VI) Kissing in a romantic or sexual
manner;
(VII) Touching breasts,
genitals, or any sexualized body part for any purpose other than appropriate
examination or treatment, or where the patient has refused or has withdrawn
consent;
(VIII) Encouraging the
patient to masturbate in the presence of the licensee or masturbation by the
licensee while the patient is present; or
(IX) Offering to provide practice-related
services, such as medications, in exchange for sexual favors.
(ii) Sexual impropriety: Behavior,
gestures, or expressions that are seductive, sexually suggestive, or sexually
demeaning to a patient or the patient's immediate family, to include:
(I) Sexually exploitative behavior, to
include taking, transmitting, viewing, or in any way using photos or any other
image of a patient, their family or associates for the prurient interest of
others.
(II) Intentional viewing in
the health care setting of any sexually explicit conduct for prurient
interests.
(III) Having any
involvement with child pornography, which is defined as any visual depiction of
a minor (a child younger than 18) engaged in sexually explicit
conduct.
(IV) Sexually explicit
communication in person, by mail, by telephone, or by other electronic means,
including but not limited to text message, e-mail, video or social
media.
(G)
Conduct not otherwise allowed by Oregon law which is contrary to or
inconsistent with recognized standards of ethics of the medical, podiatric, or
acupuncture professions, specifically conduct that is contrary to or
inconsistent with:
(i) Any principle, opinion,
or provision of the American Medical Association's 2016 Code of
Ethics.
(ii) Ethical standards
established by a specialty board as defined in OAR 847-020-0100:
(I) In which the licensee is certified,
and
(II) Which were in place at the
time the conduct occurred.
(iii) Ethical standards established by the
medical college or specialty society:
(I) In
which the licensee practices or practiced at the time of the conduct,
and
(II) Which were in effect as of
April 7, 2022.
(iv) Any
provision of the American Osteopathic Association's 2016 Code of
Ethics.
(v) Any provision of the
American Podiatric Medical Association's 2017 Code of Ethics.
(vi) Any provision of the 2008 (reaffirmed in
2013) American Association of Physician Assistants' Guidelines for Ethical
Conduct for the Physician Assistant Profession.
(vii) Any provision of the Oregon Association
of Acupuncture and Oriental Medicine's 2008 Code of Ethics.
(viii) Any provision of the National
Certification Commission for Acupuncture and Oriental Medicine's 2016 Code of
Ethics.
(H)
Intentionally contacting the known complainant or allowing any person
authorized to act on behalf of the licensee to contact the known complainant in
regard to the complaint or investigation unless and 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.
(c) Licensee Impairment: A
licensee who is impaired is a licensee who is unable to practice medicine with
reasonable skill or safety due to factors which include, but are not limited
to:
(A) The use of alcohol, drugs, prescribed
medication, or other substances while on or off duty which causes impairment
when on duty, including taking call or supervising other healthcare
professionals, regardless of practice setting.
(B) Mental or emotional illness.
(C) Physical deterioration or long term
illness or injury which adversely affects cognition, motor, or perceptive
skills.
(4) For the purposes of the reporting requirements of this rule and ORS 677.415, licensees shall be considered to be impaired if they refuse to undergo an evaluation for mental or physical competence or chemical impairment, or if they resign their privileges to avoid such an evaluation, when the evaluation is ordered or directed by a health care facility or by this Board.
(5) For the purposes of the reporting requirements of this rule and ORS 677.415, official action does not include administrative suspensions of seven or fewer calendar days for failure to maintain or complete records. Administrative suspensions described in this section must be reported as an official action when the suspensions occur more than three times in any 12-month period.
(6) A report made by a board licensee or the Oregon Medical Association or other health professional association, to include the Osteopathic Physicians and Surgeons of Oregon, Inc, or the Oregon Podiatric Medical Association to the Board under ORS 677.415 shall include the following information:
(a)
The name, title, address and telephone number of the person making the
report;
(b) The information that
appears to show that a licensee is or may be medically incompetent, is or may
be guilty of unprofessional or dishonorable conduct or is or may be a licensee
with an impairment.
(7) A report made by a health care facility to the Board under ORS 677.415(5) and (6) shall include:
(a) The name, title, address and telephone
number of the health care facility making the report;
(b) The date of an official action taken
against the licensee or the licensee's voluntary action withdrawing from
practice, voluntary resignation or voluntary limitation of licensee staff
privileges; and
(c) A description
of the official action or the licensee's voluntary action, as appropriate to
the report, including:
(A) The specific
restriction, limitation, suspension, loss or denial of the licensee's medical
staff privileges and the effective date or term of the restriction, limitation,
suspension, loss or denial; or
(B)
The fact that the licensee has voluntarily withdrawn from the practice of
medicine or podiatry, voluntarily resigned from the staff of a health care
facility or voluntarily limited the licensee's privileges at a health care
facility and the effective date of the withdrawal, resignation or
limitation.
(8) A report made under ORS 677.415 Section 2 may not include any information that is privileged peer review data, see ORS 41.675.
(9) All required reports shall be made in writing.
(10) Any person who reports or provides information in good faith as required by the statutes is immune from civil liability for making the report.
Statutory/Other Authority: ORS 677.265 & 677.417
Statutes/Other Implemented: ORS 676.150, 677.092, 677.190, 677.205, 677.265 & 677.415
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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