Statute Text
Disciplinary authority; authority of office to require fingerprints.
(1) Subject to ORS 676.616 and
687.445, and in the manner prescribed in ORS chapter 183 for contested cases
and as specified in ORS 675.385, 676.660, 676.685, 676.745, 676.777, 676.825,
678.780, 679.720, 680.535, 681.733, 681.755, 687.445, 688.734, 688.836,
690.167, 690.407, 691.477, 694.147 and 700.111, the Health Licensing Office may
refuse to issue or renew, may suspend or revoke or may otherwise condition or
limit an authorization or may discipline or place on probation an authorization
holder for commission of the prohibited acts listed in subsection (2) of this
section.
(2) A person
subject to the authority of a board, council or program listed in ORS 676.565
commits a prohibited act if the person engages in:
(a) Fraud,
misrepresentation, concealment of material facts or deception in applying for
or obtaining an authorization to practice in this state, or in any written or
oral communication to the office concerning the issuance or retention of the
authorization.
(b) Using,
causing or promoting the use of any advertising matter, promotional literature,
testimonial, guarantee, warranty, label, insignia or any other representation,
however disseminated or published, that is false, misleading or deceptive.
(c) Making a
representation that the authorization holder knew or should have known is false
or misleading regarding skill or the efficacy or value of treatment or remedy
administered by the authorization holder.
(d) Practicing
under a false, misleading or deceptive name, or impersonating another
authorization holder.
(e) Permitting a
person other than the authorization holder to use the authorization.
(f) Practicing
with a physical or mental condition that presents an unreasonable risk of harm
to the authorization holder or to the person or property of others in the
course of performing the authorization holders duties.
(g) Practicing
while under the influence of alcohol, cannabis, controlled substances or other
skill-impairing substances, or engaging in the illegal use of controlled
substances or other skill-impairing substances so as to create a risk of harm
to the person or property of others in the course of performing the duties of
an authorization holder.
(h) Failing to
properly and reasonably accept responsibility for the actions of employees.
(i) Employing,
directly or indirectly, any suspended, uncertified, unlicensed or unregistered
person to practice a regulated occupation or profession subject to the
authority of the boards, councils and programs listed in ORS 676.565.
(j)
Unprofessional conduct, negligence, incompetence, repeated violations or any
departure from or failure to conform to standards of practice in performing
services or practicing in a regulated occupation or profession subject to the
authority of the boards, councils and programs listed under ORS 676.565.
(k) Conviction of
any criminal offense, subject to ORS 670.280. A copy of the record of
conviction, certified by the clerk of the court entering the conviction, is
conclusive evidence of the conviction. A plea of no contest or an admission of
guilt is a conviction for purposes of this paragraph.
(L) Failing to
report any adverse action, as required by statute or rule, taken against the
authorization holder by another regulatory jurisdiction or any peer review
body, health care institution, professional 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 this
section.
(m) Violation of
a statute regulating an occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.565.
(n) Violation of
any rule regulating an occupation or profession subject to the authority of the
boards, councils and programs listed in ORS 676.565.
(o) Failing to
cooperate with the office in any investigation, inspection or request for
information.
(p) Selling or
fraudulently obtaining or furnishing an authorization to practice in a
regulated occupation or profession subject to the authority of the boards,
councils and programs listed in ORS 676.565, or aiding or abetting such an act.
(q) Selling or fraudulently
obtaining or furnishing any record related to practice in a regulated
occupation or profession subject to the authority of the boards, councils and
programs listed in ORS 676.565, or aiding or abetting such an act.
(r) Failing to
pay an outstanding civil penalty or fee that is due or failing to meet the
terms of any order issued by the office that has become final.
(3) For the
purpose of requesting a state or nationwide criminal records check under ORS
181A.195, the office may require the fingerprints of a person who is:
(a) Applying for
an authorization;
(b) Applying for
renewal of an authorization; or
(c) Under
investigation by the off