Bill Text: OR HB2065 | 2013 | Regular Session | Introduced

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Bill Title: Relating to practice of dentistry.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2065 Detail]

Download: Oregon-2013-HB2065-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1954

                         House Bill 2065

Sponsored by Representative GILLIAM (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates process through which licensee or applicant to practice
dentistry may petition Oregon Board of Dentistry to expunge from
board records information related to disciplinary hearings.

                        A BILL FOR AN ACT
Relating to practice of dentistry; amending ORS 679.140.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 679.140 is amended to read:
  679.140. (1) The Oregon Board of Dentistry may discipline as
provided in this section any person licensed to practice
dentistry in this state for any of the following causes:
  (a) Conviction of any violation of the law for which the court
could impose a punishment if the board makes the finding required
by ORS 670.280. The record of conviction or a certified copy
thereof, certified by the clerk of the court or by the judge in
whose court the conviction is entered, is conclusive evidence of
the conviction.
  (b) Renting or lending a license or diploma of the dentist to
be used as the license or diploma of another person.
  (c) Unprofessional conduct.
  (d) Any violation of this chapter or ORS 680.010 to 680.205, of
rules adopted pursuant to this chapter or ORS 680.010 to 680.205
or of an order issued by the board.
  (e) Engaging in or permitting the performance of unacceptable
patient care by the dentist or by any person working under the
supervision of the dentist due to a deliberate or negligent act
or failure to act by the dentist, regardless of whether actual
injury to the patient is established.
  (f) Incapacity to practice safely.
  (2) 'Unprofessional conduct' as used in this chapter includes
but is not limited to the following:
  (a) Obtaining any fee by fraud or misrepresentation.
  (b) Willfully betraying confidences involved in the
patient-dentist relationship.
  (c) Employing, aiding, abetting or permitting any unlicensed
personnel to practice dentistry or dental hygiene.
  (d) Making use of any advertising statements of a character
tending to deceive or mislead the public or that are untruthful.
  (e) Impairment as defined in ORS 676.303.
  (f) Obtaining or attempting to obtain a controlled substance in
any manner proscribed by the rules of the board.
  (g) Prescribing or dispensing drugs outside the scope of the
practice of dentistry or in a manner that impairs the health and
safety of an individual.
  (h) Disciplinary action by a state licensing or regulatory
agency of this or another state regarding a license to practice
dentistry, dental hygiene or any other health care profession
when, in the judgment of the board, the act or conduct resulting
in the disciplinary action bears a demonstrable relationship to
the ability of the licensee or applicant to practice dentistry or
dental hygiene in accordance with the provisions of this chapter.
A certified copy of the record of the disciplinary action is
conclusive evidence of the disciplinary action.
  (3) The proceedings under this section may be taken by the
board from the matters within its knowledge or may be taken upon
the information of another, but if the informant is a member of
the board, the other members of the board shall constitute the
board for the purpose of finding judgment of the accused.
  (4) In determining what constitutes unacceptable patient care,
the board may take into account all relevant factors and
practices, including but not limited to the practices generally
and currently followed and accepted by persons licensed to
practice dentistry in this state, the current teachings at
accredited dental schools, relevant technical reports published
in recognized dental journals and the desirability of reasonable
experimentation in the furtherance of the dental arts.
  (5) In disciplining a person as authorized by subsection (1) of
this section, the board may use any or all of the following
methods:
  (a) Suspend judgment.
  (b) Place a licensee on probation.
  (c) Suspend a license to practice dentistry in this state.
  (d) Revoke a license to practice dentistry in this state.
  (e) Place limitations on a license to practice dentistry in
this state.
  (f) Refuse to renew a license to practice dentistry in this
state.
  (g) Accept the resignation of a licensee to practice dentistry
in this state.
  (h) Assess a civil penalty.
  (i) Reprimand a licensee.
  (j) Impose any other disciplinary action the board in its
discretion finds proper, including assessment of the costs of the
disciplinary proceedings as a civil penalty.
  (6) If the board places any person upon probation as set forth
in subsection (5)(b) of this section, the board may determine and
may at any time modify the conditions of the probation and may
include among them any reasonable condition for the purpose of
protection of the public and for the purpose of the
rehabilitation of the probationer or both. Upon expiration of the
term of probation, further proceedings shall be abated by the
board if the person holding the license furnishes the board with
evidence that the person is competent to practice dentistry and
has complied with the terms of probation. If the evidence fails
to establish competence to the satisfaction of the board or if
the evidence shows failure to comply with the terms of the
probation, the board may revoke or suspend the license.
  (7) If a license to practice dentistry in this state is
suspended, the person holding the license may not practice during
the term of suspension. Upon the expiration of the term of
suspension, the license shall be reinstated by the board if the
board finds, based upon evidence furnished by the person, that
the person is competent to practice dentistry and has not
practiced dentistry in this state during the term of suspension.
If the evidence fails to establish to the satisfaction of the
board that the person is competent or if any evidence shows the
person has practiced dentistry in this state during the term of
suspension, the board may revoke the license after notice and
hearing.
  (8) Upon receipt of a complaint under this chapter or ORS
680.010 to 680.205, the board shall conduct an investigation as
described under ORS 676.165.
  (9) { + (a) + } Information that the board obtains as part of
an investigation into licensee or applicant conduct or as part of
a contested case proceeding, consent order or stipulated
agreement involving licensee or applicant conduct is confidential
as provided under ORS 676.175. Notwithstanding ORS 676.165 to
676.180, the board may disclose confidential information
regarding a licensee or an applicant to persons who may evaluate
or treat the licensee or applicant for drug abuse, alcohol abuse
or any other health related conditions.
   { +  (b) If a licensee or applicant is disciplined under this
section, the licensee or applicant may petition the board, three
years after the date on which the disciplinary sanction ends, to
expunge from the board's records information described in
paragraph (a) of this subsection. The board shall expunge from
the board's records the information if the board finds that the
cause for which the licensee or applicant had been disciplined no
longer presents a risk of harm to the public. The board shall
adopt by rule a process for making a petition under this
paragraph. + }
  (10) The board may impose against any person who violates the
provisions of this chapter or ORS 680.010 to 680.205 or rules of
the board a civil penalty of up to $5,000 for each violation. Any
civil penalty imposed under this section shall be imposed in the
manner provided in ORS 183.745.
  (11) Notwithstanding the expiration, suspension, revocation or
surrender of the license, or the resignation or retirement of the
licensee, the board may:
  (a) Proceed with any investigation of, or any action or
disciplinary proceedings against, the dentist or dental
hygienist; or
  (b) Revise or render void an order suspending or revoking the
license.
  (12)(a) The board may continue with any proceeding or
investigation for a period not to exceed four years from the date
of the expiration, suspension, revocation or surrender of the
license, or the resignation or retirement of the licensee; or
  (b) If the board receives a complaint or initiates an
investigation within that four-year period, the board's
jurisdiction continues until the matter is concluded by a final
order of the board following any appeal.
  (13) Withdrawing the application for license does not close any
investigation, action or proceeding against an applicant.
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