HLO Statutes Flashcards
Purpose of Health Licensing Office
(1) To provide for the more effective coordination
of administrative and regulatory functions of certain health boards, councils and programs involved in
protecting the public through the licensing and regulation of health-related professions and
occupations practiced in this state under a uniform mission and uniform goals, the Health Licensing
Office is created within the Oregon Health Authority.
(2) The mission of the office 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 office’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 with
authorization by those entities in the professions and occupations overseen by those boards, councils
and programs.
Active authorization
authorization that is current and not suspended.
Authorization
a certificate, license, permit or registration issued by the Health Licensing Office that allows a person to practice:
(a) One of the occupations or professions or maintain a facility subject to the authority of the
boards, councils and programs listed in ORS 676.565; or
(b) A profession or occupation subject to direct oversight by the office.
(3) “Expired authorization” means an authorization that has been not current for more than three
years.
(4) “Inactive authorization” means an authorization that has been not current for three years or
less.
Public Entity
(2)(a) The Health Licensing Office shall carry out the investigatory duties necessary to enforce the
provisions of ORS 676.560 to 676.625 and 676.992.
(b) Subject to subsection (12) of this section, the office, upon its own motion, may initiate and
conduct investigations of matters relating to the practice of occupations or professions subject to the
authority of the boards, councils and programs listed in ORS 676.565.
(c) Subject to subsection (12) of this section, the office shall investigate all complaints received by
the office relating to the practice of occupations or professions subject to the authority of the boards,
councils and programs listed in ORS 676.565.
(3) While conducting an investigation authorized under subsection (2) of this section or a hearing
related to an investigation, the office may:
(a) Take evidence;
(b) Administer oaths;
(c) Take the depositions of witnesses, including the person charged;
(d) Compel the appearance of witnesses, including the person charged;
(e) Require answers to interrogatories;
(f) Compel the production of books, papers, accounts, documents and testimony pertaining to the
matter under investigation; and
(g) Conduct criminal and civil background checks to determine conviction of a crime that bears a
demonstrable relationship to the field of practice.
(4) In exercising its authority under this section, the office may issue subpoenas over the
signature of the Director of the Health Licensing Office or designated employee of the director and in
the name of the State of Oregon.
(5) If a person fails to comply with a subpoena issued under this section, the judge of the Circuit
Court for Marion County may compel obedience by initiating proceedings for contempt as in the case
of disobedience of the requirements of a subpoena issued from the court.
(6) If necessary, the director, or an employee designated by the director, may appear before a
magistrate empowered to issue warrants in criminal cases to request that the magistrate issue a
warrant. The magistrate shall issue a warrant, directing it to any sheriff or deputy or police officer, to
enter the described property, to remove any person or obstacle, to defend any threatened violence to
the director or a designee of the director or an officer, upon entering private property, or to assist the
director in enforcing the office’s authority in any way.
(7) In all investigations and hearings, the office and any person affected by the investigation or
hearing may have the benefit of counsel.
(8) If an authorization holder who is the subject of a complaint or an investigation is to appear
before the office, the office shall provide the authorization holder with a current summary of the
complaint or the matter being investigated not less than 10 days before the date that the authorization
holder is to appear. At the time the summary of the complaint or the matter being investigated is
provided, the office shall provide the authorization holder with a current summary of documents or alleged facts that the office has acquired as a result of the investigation. The name of the complainant
may be withheld from the authorization holder.
(9) An authorization holder who is the subject of an investigation, and any person acting on behalf
of the authorization holder, may not contact the complainant until the authorization holder has
requested a contested case hearing and the office has authorized the taking of the complainant’s
deposition pursuant to ORS 183.425.
(10) Except in an investigation or proceeding conducted by the office or another public entity, or in
an action, suit or proceeding in which a public entity is a party, an authorization holder may not be
questioned or examined regarding any communication with the office made in an appearance before
the office as part of an investigation.
(11) This section does not prohibit examination or questioning of an authorization holder
regarding records about the authorization holder’s care and treatment of a patient or affect the
admissibility of those records.
(12) In conducting an investigation related to the practice of direct entry midwifery, as defined in
ORS 687.405, the office shall:
(a) Allow the State Board of Direct Entry Midwifery to review the motion or complaint before
beginning the investigation;
(b) Allow the board to prioritize the investigation with respect to other investigations related to the
practice of direct entry midwifery; and
(c) Consult with the board during and after the investigation for the purpose of determining
whether to pursue disciplinary action.
Discipline authority
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 holder’s duties.
(g) Practicing while under the influence of alcohol, cannabis, controlled substances or other skillimpairing 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 office.(4) If the office places an authorization holder on probation under subsection (1) of this section,
the office, in consultation with the appropriate board, council or program, may determine and at any time modify the conditions of the probation.
(5) If an authorization is suspended, the authorization holder may not practice during the term of suspension. Upon the expiration of the term of suspension, the authorization may be reinstated by the office if the conditions of suspension no longer exist and the authorization holder has satisfied all requirements in the relevant statutes or administrative rules for issuance, renewal or reinstatement.
Injunctions
(1) In addition to all other remedies, when it appears to the Health Licensing
Office that a person is engaged in, has engaged in or is about to engage in any act, practice or transaction that violates any provision of ORS 675.365 to 675.410, 676.665 to the office may, through the Attorney General or the district attorney of the county in which the act, practice or transaction occurs or will occur, apply to the court for an injunction restraining the person from the act, practice or transaction.
(2) A court may issue an injunction under this section without proof of actual damages. An
injunction issued under this section does not relieve a person from any other prosecution or enforcement action taken for violation of statutes listed in subsection (1) of this section.
Rule making Authority
(1) In accordance with applicable provisions of ORS chapter
183, the Director of the Health Licensing Office may adopt rules necessary for the administration of
the laws that the Health Licensing Office is charged with administering.
(2) In accordance with applicable provisions of ORS chapter 183, the director may adopt rules
necessary for the administration of ORS 676.560 to 676.625 and 676.992.
(3) The office may adopt rules establishing requirements for placement of an authorization issued
by the office in a dormant status upon application by the authorization holder and establishing
conditions for reactivation of the authorization.
(4) Pursuant to ORS 676.560 and 676.568, the office may adopt rules to recognize specialties
within a regulated field of practice subject to the authority of the boards, councils and programs listed
in ORS 676.565 and may establish requirements for education, experience, examinations and
supervision as necessary to ensure public safety and competency within the specialty.
Inspection of facilities
. (1) Upon its own motion or upon any complaint, the Health
Licensing Office may conduct an inspection to determine whether a facility or a part of the facility that
is the subject of the inspection complies with the authorization, safety, infection control and
sterilization requirements imposed by statute or rule of the office or the boards and councils
administered by the office.
(2) The office shall provide for the periodic inspection of facilities, business premises or other
locations where services are performed by the practitioners of the occupations or professions subject
to the authority of the boards and councils that are administered and regulated by the office pursuant
to ORS 676.565.
Fees/record keeping/disposition of receipts
(1) The Health Licensing Office shall establish by rule and shall collect fees and charges to carry out the
office’s responsibilities under ORS 676.560 to 676.625, 676.850 and 676.992 and any responsibility
imposed on the office pertaining to the boards, councils and programs administered and regulated by
the office pursuant to ORS 676.565.
(2) The Health Licensing Office Account is established separate and distinct from the General
Fund. The account shall consist of the moneys credited to the account by the Legislative Assembly.
All moneys in the account are continuously appropriated to and shall be used by the office for
payment of expenses of the office in carrying out the duties, functions and obligations of the office,
and for payment of the expenses of the boards, councils and programs administered and regulated
by the office pursuant to ORS 676.565. The office shall keep a record of all moneys credited to the
account and report the source from which the moneys are derived and the activity of each board,
council or program that generated the moneys.
(3) Subject to prior approval of the Oregon Department of Administrative Services and a report to
the Emergency Board prior to establishing fees and charges credited to the account, the fees and
charges may not exceed the cost of administering the office and the boards, councils and programs
within the office, as authorized by the Legislative Assembly within the office’s budget, as the budget
may be modified by the Emergency Board.
(4) All moneys credited to the account pursuant to ORS 676.576 and 676.806, and moneys
credited to the account from other office and program fees established by the office by rule, are continuously appropriated to the office for carrying out the duties, functions and powers of the office
under ORS 676.560 to 676.625, 676.806, 676.850 and 676.992.
(5) The moneys received from civil penalties assessed under ORS 676.992 shall be deposited
and accounted for as are other moneys received by the office and shall be for the administration and
enforcement of the statutes governing the boards, councils and programs administered by the office.
