Oregon Statutes 682.220 – Denial, suspension or revocation of license; investigation; confidentiality of information
(1) The Oregon Health Authority may deny, suspend or revoke licenses for ambulances and ambulance services in accordance with the provisions of ORS Chapter 183 for a failure to comply with any of the requirements of ORS § 820.350 to 820.380 and this chapter or the rules adopted thereunder.
Terms Used In Oregon Statutes 682.220
- Ambulance service: means a person, governmental unit or other entity that operates ambulances and that holds itself out as providing prehospital care or medical transportation to persons who are ill or injured or who have disabilities. See Oregon Statutes 682.025
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Emergency medical services provider: means a person who has received formal training in prehospital and emergency care, and is licensed to attend any person who is ill or injured or who has a disability. See Oregon Statutes 682.025
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Nonemergency care: means the performance of acts or procedures on a patient who is not expected to die, become permanently disabled or suffer permanent harm within the next 24 hours, including but not limited to observation, care and counsel of a patient and the administration of medications prescribed by a physician licensed under ORS Chapter 677 or naturopathic physician licensed under ORS Chapter 685, insofar as any of those acts are based upon knowledge and application of the principles of biological, physical and social science and are performed in accordance with scope of practice rules adopted by the Oregon Medical Board or Oregon Board of Naturopathic Medicine in the course of providing prehospital care. See Oregon Statutes 682.025
- Owner: means the person having all the incidents of ownership in an ambulance service or an ambulance vehicle or where the incidents of ownership are in different persons, the person, other than a security interest holder or lessor, entitled to the possession of an ambulance vehicle or operation of an ambulance service under a security agreement or a lease for a term of 10 or more successive days. See Oregon Statutes 682.025
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Scope of practice: means the maximum level of emergency or nonemergency care that an emergency medical services provider may provide. See Oregon Statutes 682.025
- Standing orders: means the written protocols that an emergency medical services provider follows to treat patients when direct contact with a physician is not maintained. See Oregon Statutes 682.025
- Subpoena: A command to a witness to appear and give testimony.
- Supervising physician: means a physician licensed under ORS § 677. See Oregon Statutes 682.025
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Unprofessional conduct: means conduct unbecoming a person licensed to perform emergency care, or detrimental to the best interests of the public and includes:
(a) Any conduct or practice contrary to recognized standards of ethics of the medical profession or any conduct or practice which does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition which does or might impair an emergency medical services provider's ability safely and skillfully to practice emergency or nonemergency care;
(b) Willful performance of any medical treatment which is contrary to acceptable medical standards; and
(c) Willful and consistent utilization of medical service for treatment which is or may be considered inappropriate or unnecessary. See Oregon Statutes 682.025
(2) The license of an emergency medical services provider may be denied, suspended or revoked in accordance with the provisions of ORS Chapter 183 for any of the following reasons:
(a) A failure to have completed successfully an authority approved course.
(b) In the case of a provisional license, failure to have completed successfully an authority approved course.
(c) Failure to meet or continue to meet the physical and mental qualifications required under ORS § 682.208.
(d) The use of fraud or deception in receiving a license.
(e) Practicing skills beyond the scope of practice established by the Oregon Medical Board under ORS § 682.245.
(f) Rendering emergency or nonemergency care under an assumed name.
(g) The impersonation of another emergency medical services provider.
(h) Unprofessional conduct.
(i) Obtaining a fee by fraud or misrepresentation.
(j) Habitual or excessive use of intoxicants or drugs.
(k) The presence of a mental disorder that demonstrably affects an emergency medical services provider’s performance, as certified by two psychiatrists retained by the authority.
(L) Subject to ORS § 670.280, conviction of any criminal offense that reasonably raises questions about the ability of the emergency medical services provider to perform the duties of an emergency medical services provider in accordance with the standards established by this chapter. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, is conclusive evidence of the conviction.
(m) Suspension or revocation of an emergency medical services provider license issued by another state:
(A) For a reason that would permit the authority to suspend or revoke a license issued under this chapter; and
(B) Evidenced by a certified copy of the order of suspension or revocation.
(n) Gross negligence or repeated negligence in rendering emergency medical assistance.
(o) Rendering emergency or nonemergency care without being licensed, except as provided in ORS § 30.800.
(p) Rendering emergency or nonemergency care as an emergency medical services provider without written authorization and standing orders from a supervising physician who has been approved by the Oregon Medical Board in accordance with ORS § 682.245.
(q) Refusing an invitation for an interview with the authority as specified in this section.
(3) The authority may investigate any evidence that appears to show that an emergency medical services provider licensed by the authority is or may be medically incompetent, guilty of unprofessional or dishonorable conduct or mentally or physically unable to safely function as an emergency medical services provider. The authority may investigate the off-duty conduct of an emergency medical services provider to the extent that such conduct may reasonably raise questions about the ability of the emergency medical services provider to perform the duties of an emergency medical services provider in accordance with the standards established by this chapter. Upon receipt of a complaint about an emergency medical services provider or applicant, the authority shall conduct an investigation as described under ORS § 676.165. The authority shall conduct the investigation in accordance with ORS § 676.175.
(4)(a) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any health care facility licensed under ORS § 441.015 to 441.119, 441.820 and 441.993, any physician licensed under ORS § 677.100 to 677.228, any owner of an ambulance licensed under this chapter or any emergency medical services provider licensed under this chapter shall report to the authority any information the person may have that appears to show that an emergency medical services provider is or may be medically incompetent, guilty of unprofessional or dishonorable conduct or mentally or physically unable to safely function as an emergency medical services provider.
(b) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, an emergency medical services provider licensed under this chapter 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.
(5) If, in the opinion of the authority, it appears that the information provided to it under provisions of this section is or may be true, the authority may request an interview with the emergency medical services provider. At the time the authority requests an interview, the authority shall provide the emergency medical services provider with a general statement of the issue or issues of concern to the authority. The request must include a statement of the procedural safeguards available to the emergency medical services provider, including the right to end the interview on request, the right to have counsel present and the following statement: ‘Any action proposed by the Oregon Health Authority shall provide for a contested case hearing.’
(6) Information regarding an ambulance service provided to the authority pursuant to this section is confidential and is not subject to public disclosure or admissible as evidence in any judicial proceeding. Information that the authority obtains as part of an investigation into the conduct of an emergency medical services provider or applicant or as part of a contested case proceeding, consent order or stipulated agreement involving the conduct of an emergency medical services provider or applicant is confidential as provided under ORS § 676.175. Information regarding an ambulance service does not become confidential due to its use in a disciplinary proceeding against an emergency medical services provider.
(7) A person who reports or provides information to the authority under this section and who provides information in good faith is not subject to an action for civil damage as a result thereof.
(8) In conducting an investigation under subsection (3) of this section, the authority may:
(a) Take evidence;
(b) Take depositions of witnesses, including the person under investigation, in the manner provided by law in civil cases;
(c) Compel the appearance of witnesses, including the person under investigation, in the manner provided by law in civil cases;
(d) Require answers to interrogatories; and
(e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.
(9) The authority may issue subpoenas to compel compliance with the provisions of subsection (8) of this section. If any person fails to comply with a subpoena issued under this subsection, or refuses to testify on matters on which the person may lawfully be interrogated, a court may compel obedience as provided in ORS § 183.440. [Formerly 682.175; 2009 c.536 § 31; 2009 c.595 § 1086; 2011 c.703 § 15; 2017 c.409 § 30]