Or. Admin. Code § 850-050-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 850-050-0010 - Sanctions for Violations

The following lists the Board's disciplinary practices with respect to most common violations of law. Other less common violations may also result in discipline. The Board will determine the severity of each violation and decide the discipline to impose accordingly.

(1) General violations.

(a) The Board may attempt to resolve by non-disciplinary means, allegations of the following kinds of violations, if the Board determines there are compelling mitigating circumstances and if the licensee has not been the subject of a final order which finds the licensee committed a violation of a similar nature:

(A) Practicing outside the scope of practice;

(B) Inadequate charting;

(C) Failure to report a change of address;

(D) Prescribing off the formulary;

(E) False or misleading advertising; or

(F) Failure to refer upon termination.

(c) The Board generally will take formal disciplinary action for allegations of the following kinds of violations

(A) Negligent prescribing;

(B) Negligent treatment;

(C) Failure to act in accordance with the American Association of Naturopathic Physicians Code of Ethics as adopted by the Board;

(D) Failure to refer when referral is appropriate;

(E) Untimely response to Board investigation;

(F) Aiding or abetting unlawful practice by an unlicensed person;

(G) Sexual impropriety with a patient; or

(H) Conviction of a crime involving moral turpitude.

(d) Discipline for violations listed in (1)(c) may include a letter of reprimand, a civil penalty, probation, license suspension, license limitations, and license revocation.

(e) For violations which are not listed in subsections (1)(a) and (b) of this rule, the Board will determine the appropriate discipline.

(2) Aggravating and Mitigating Factors or Circumstances. Discipline proposed by the Board may increase in severity, possibly up to license revocation, if there are aggravating circumstances. Discipline may decrease in severity if there are mitigating circumstances.

(a) Aggravating circumstances include, but are not limited to, the following:

(A) The same or similar violation has occurred more than once;

(B) The violation occurred or was repeated over a significant length of time;

(C) The licensee has previously been disciplined by the Board or in another jurisdiction;

(D) The violation was deliberate or grossly negligent;

(E) The licensee received some benefit from committing the violation;

(F) The violation involved a significant chance for causing harm to the patient or the public.

(b) Mitigating circumstances include, but are not limited to, the following:

(A) The licensee accepted responsibility for the violation;

(B) The licensee practiced a significant period of time without complaints or disciplinary action taken by the Board or any other jurisdiction.

(3) Probation. Probation may be added where the circumstances indicate that future monitoring, training, or other follow-up is necessary or appropriate. Probation may include completion of an approved treatment program when a licensee is alleged to engage in habitual or excessive use of drugs or alcohol.

(4) Practice Restriction. Practice restriction or practice limitation may be added where the circumstances warrant more than a civil penalty but less than a license suspension.

(5) Education. Education may be required when the circumstances indicate that further education is merited to prevent a recurrence of the violation.

Or. Admin. Code § 850-050-0010

BNE 7-2005, f. & cert. ef. 10-27-05; OBNM 1-2016, f. & cert. ef. 10/12/2016; OBNM 2-2018, amend filed 02/16/2018, effective 2/16/2018

Statutory/Other Authority: ORS 685.125

Statutes/Other Implemented: ORS 685.110