Oregon Statutes 677.225 – Automatic suspension of license for mental illness or imprisonment; exception; termination of suspension
(1) A person‘s license issued under this chapter is suspended automatically if:
Terms Used In Oregon Statutes 677.225
- Board: means the Oregon Medical Board. See Oregon Statutes 677.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means permission to practice, whether by license, registration or certification. See Oregon Statutes 677.010
- Licensee: means an individual holding a valid license issued by the board. See Oregon Statutes 677.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) The licensee is adjudged to be a person with mental illness under ORS § 426.130 or is admitted on a voluntary basis to a treatment facility for mental illness that affects the ability of the licensee to safely practice medicine and if the licensee’s residence in the hospital exceeds 25 consecutive days; or
(b) Except as provided in subsection (4) of this section, the licensee is an adult in custody in a penal institution.
(2)(a) The clerk of the court ordering commitment or incarceration under subsection (1)(a) or (b) of this section shall cause to be mailed to the Oregon Medical Board, as soon as possible, a certified copy of the court order. The clerk may not charge a fee for performing the duties prescribed by this paragraph.
(b) The administrator of the hospital to which a person with a license issued under this chapter has voluntarily applied for admission shall cause to be mailed to the board as soon as possible, a certified copy of the record of the voluntary admission of the person.
(c) Written evidence received from the supervisory authority of a penal or mental institution that the licensee is an adult in custody or patient therein is prima facie evidence for the purpose of subsection (1)(a) or (b) of this section.
(3) A suspension under this section may be terminated by the board when:
(a)(A) The board receives evidence satisfactory to the board that the licensee is not a person with mental illness as defined in ORS § 426.005; or
(B) The board receives evidence satisfactory to the board that the licensee is no longer incarcerated; and
(b) The board is satisfied, with due regard for the public interest, that the licensee’s privilege to practice may be restored.
(4) This section does not apply to a licensee who is an adult in custody in a penal institution if the sole reason for incarceration is the licensee’s performance of, or assistance in the performance of, a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the licensee provided, or assisted in the provision of, the service, so long as the service provided was performed in accordance with the standard of care applicable to the service. [1955 c.317 § 1; 1961 c.257 § 1; 1967 c.470 § 39; 1983 c.486 § 27; 1983 c.740 § 250; 1989 c.830 § 15; 1997 c.792 § 22; 2013 c.360 § 62; 2019 c.213 § 115; 2023 c.228 § 33]