Oregon Revised Statutes Chapter 677 § 677.190 — Grounds for suspending, revoking or refusing to grant license, registration or

Grounds for suspending, revoking or refusing to grant license, registration or certification; alternative medicine not unprofessional conduct. The Oregon Medical Board may refuse to grant, or may suspend or revoke, a license to practice for any of the following reasons: (1)(a) Unprofessional or dishonorable conduct. (b) For purposes of this subsection, the use of an alternative medical treatment shall not by itself constitute unprofessional conduct. For purposes of this paragraph: (A) “Alternative medical treatment” means: (i) A treatment that the treating physician, based on the physician’s professional experience, has an objective basis to believe has a reasonable probability for effectiveness in its intended use even if the treatment is outside recognized scientific guidelines, is unproven, is no longer used as a generally recognized or standard treatment or lacks the approval of the United States Food and Drug Administration; (ii) A treatment that is supported for specific usages or outcomes by at least one other physician licensed by the Oregon Medical Board; and (iii) A treatment that poses no greater risk to a patient than the generally recognized or standard treatment. (B) “Alternative medical treatment” does not include use by a physician of controlled substances in the treatment of a person for chemical dependency resulting from the use of controlled substances. (2) Employing any person to solicit patients for the licensee. However, a managed care organization, independent practice association, preferred provider organization or other medical service provider organization may contract for patients on behalf of physicians. (3) Representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured. (4) Obtaining any fee by fraud or misrepresentation. (5) Willfully or negligently divulging a professional secret without the written consent of the patient. (6)(a) Except as provided in paragraph (b) of this subsection, conviction of any offense punishable by incarceration in a Department of Corrections institution or in a federal prison, subject to ORS 670.280. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction. (b) The board may not suspend or revoke a person’s license, or refuse to grant a license to a person, because of a conviction resulting solely from the person’s provision of a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the person provided the service, so long as the service provided was performed in accordance with the standard of care applicable to the service. (7) Impairment as defined in ORS 676.303. (8) Fraud or misrepresentation in applying for or procuring a license to practice in this state, or in connection with applying for or procuring registration. (9) Making statements that the licensee knows, or with the exercise of reasonable care should know, are false or misleading, regarding skill or the efficacy or value of the medicine, treatment or remedy prescribed or administered by the licensee or at the direction of the licensee in the treatment of any disease or other condition of the human body or mind. (10) Impersonating another licensee licensed under this chapter or permitting or allowing any person to use the license. (11) Aiding or abetting the practice of medicine or podiatry by a person not licensed by the board, when the licensee knows, or with the exercise of reasonable care should know, that the person is not licensed. (12) Using the name of the licensee under the designation “doctor,” “Dr.,” “D.O.” or “M.D.,” “D.P.M.,” “Acupuncturist,” “P.A.” or any similar designation in any form of advertising that is untruthful or is intended to deceive or mislead the public. (13) Gross negligence or repeated negligence in the practice of medicine or podiatry. (14) Incapacity to practice medicine or podiatry. If the board has evidence indicating incapacity, the board may order a licensee to submit to a standardized competency examination. The licensee shall have access to the result of the examination and to the criteria used for grading and evaluating the examination. If the examination is given orally, the licensee shall have the right to have the examination recorded. (15)(a) Except as provided in paragraph (b) of this subsection, disciplinary action by another state of a license to practice, based upon acts by the licensee similar to acts described in this section. A certified copy of the record of the disciplinary action of the state is conclusive evidence thereof. (b) The board may not suspend or revoke a person’s license, or refuse to grant a license to a person, because of a disciplinary action by another state resulting solely from the person’s provision of a reproductive or gender-affirming