Physicians licensed in Oregon are generally required by law to self-report certain actions or events to the Oregon Medical Board (OMB or “the Board”). Knowing when to self-report—and what must be reported—can sometimes be unclear and require the advice of an attorney. Navigating the applicable rules and regulations associated with self-reporting with an experienced attorney is essential to safeguarding your medical license and avoiding potential disciplinary action.
Understanding a physician’s obligation to self-report to the OMB can be complex, but Oregon law outlines specific key circumstances. Common situations that may require self-reporting to the OMB include:
Under Oregon law, physicians are required to self-report within ten days of a reportable event.10 Timely reporting through an experienced attorney ensures compliance, in addition to signaling a physician’s willingness to cooperate with the Board. Failure to timely self-report can result in fines or other disciplinary action from the OMB, which is another reason why it is important to obtain legal counsel.11
Ensuring compliance with your reporting obligations is crucial to protecting your career and medical license. Athan Law regularly advices physicians in Oregon on OMB issues. For assistance, visit www.athan-law.com/contact to reach us.
1See ORS § 676.150(3) (stating that “[a] licensee who is convicted of a misdemeanor or felony or who is arrested for a felony crime shall report the conviction or arrest to the licensee’s board within 10 days after the conviction or arrest”); ORS § 676.150(5) (authorizing the board to discipline a licensee for failing to “report prohibited or unprofessional conduct” or “the licensee’s conviction or arrest”).
2See ORS § 677.190(26) (stating that “[f]ailure by the licensee to report to the board any adverse action taken against the licensee 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”); OAR § 847-010-0073(1) (detailing mandatory self-reporting requirements for board licensees and health care facilities) (citing ORS §§ 676.150, 677.092, 677.190, and 677.415 for specific obligations and disciplinary grounds).
3See ORS § 677.415(4) (stating “[a] licensee shall self-report within 10 working days any official action taken against the licensee”); ORS § 677.205(1) (authorizing the OMB to discipline a licensee for violations, including admitting to complaint allegations, violating disciplinary grounds, automatic license suspension, or failing to report under ORS § 677.415); OAR 847-010-0073(1).
4See ORS § 677.415(6) (stating “[a] licensee’s voluntary withdrawal from the practice of medicine or podiatry, voluntary resignation from the staff of a health care facility or voluntary limitation of the licensee’s staff privileges at such a health care facility shall be promptly reported to the Oregon Medical Board by the health care facility and the licensee if the licensee’s voluntary action occurs while the licensee is under investigation by the health care facility or a committee thereof for any reason related to possible medical incompetence, unprofessional conduct or physical incapacity or impairment as defined in ORS 676.303”); ORS § 677.205(1); ORS § 677.190(27) (stating “[f]ailure by the licensee to notify the board of the licensee’s voluntary resignation from the staff of a health care institution or voluntary limitation of a licensee’s staff privileges at the institution if that action occurs while the licensee is under investigation by the institution or a committee thereof for any reason related to medical incompetence, unprofessional conduct, physical incapacity or impairment.”); OAR § 847-010-0073 (1).
5See OAR § 847-017-0037 (stating “[l]icensees performing office-based surgery must report the following complications and adverse incidents to the Board within ten business days of the event if the complication occurred within 30 days of the procedure.”).
6See ORS § 677.228(1)(b) (stating “[a] person’s license to practice under this chapter automatically lapses if the licensee fails to notify the board of a change of location not later than the 30th day after such change”); ORS § 677.190(18) (stating “[f]ailing to report the change of the location of practice of the licensee as required by ORS § 677.172”); ORS § 677.172 (stating “[a]ny person licensed to practice under this chapter who changes location during the period between any two registration dates shall notify the Oregon Medical Board of the change within 30 days after such change”); OAR § 847-008-0060 (stating “[e]ach licensee of the Board shall notify the Board in writing within 30 days of any change in residence address, practice location, or mailing address”).
7See ORS § 677.175 (stating “[a] person licensed to practice under this chapter may retire from practice by notifying the Oregon Medical Board in writing of such intention to retire”).
8See ORS § 677.092 (stating “[u]nless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a physician who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150”); ORS § 676.150(2) (stating “[u]nless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee who has reasonable cause to believe that another licensee has engaged in prohibited or unprofessional conduct shall report the conduct to the board responsible for the licensee who is believed to have engaged in the conduct. The reporting licensee shall report the conduct without undue delay, but in no event later than 10 working days after the reporting licensee learns of the conduct.”); ORS § 676.150(5) (stating “[a] licensee who fails to report prohibited or unprofessional conduct as required by subsection (2) of this section or the licensee’s conviction or arrest as required by subsection (3) of this section is subject to discipline by the board responsible for the licensee.”); OAR § 847-010-0073(1).
9See ORS § 677.415(3) (stating “[a] licensee licensed by the Oregon Medical Board, the Oregon Medical Association, Inc., or any component society thereof, the Osteopathic Physicians and Surgeons of Oregon, Inc. or the Oregon Podiatric Medical Association shall report within 10 working days, and any other person may report, to the board any information such licensee, association, society or person may have 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.”); OAR § 847-010-0073(1).
10See ORS § 677.415(4); OAR § 847-010-0073(1)(a)(A) (stating, “[a]ny conviction of a misdemeanor or felony or any arrest for a felony crime to the Board within 10 days after the conviction or arrest”); ORS § 676.150(3); OAR § 847-010-0073(1)(c) (stating “[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”).
11See ORS § 677.205(1)(d) (stating that “[f]ailure to make a report as required under ORS 677.415”).
Disclaimer: The information provided on this article is for educational purposes only and is not intended as legal advice. Every case or situation is unique, and you should consult with a licensed attorney before taking any action. No attorney-client relationship is formed by downloading or reading this article.
Posted October 11, 2024
