676.165
Complaint investigation.
(1) When a health professional regulatory board receives a complaint by any
person against a licensee, applicant or other person alleged to be practicing
in violation of law, the board shall assign one or more persons to act as
investigator of the complaint.
(2) The
investigator shall collect evidence and interview witnesses and shall make a
report to the board. The investigator shall have all investigatory powers
possessed by the board.
(3) The report to
the board shall describe the evidence gathered, the results of witness
interviews and any other information considered in preparing the report of the
investigator. The investigator shall consider, and include in the report, any
disciplinary history with the board of the licensee, applicant or other person
alleged to be practicing in violation of law.
(4) The
investigator shall make the report to the board not later than 120 days after
the board receives the complaint. However, the board may extend the time for
making the report by up to 30 days for just cause. The board may grant more
than one extension of time.
(5) Investigatory
information obtained by an investigator and the report issued by the
investigator shall be exempt from public disclosure.
(6) When a health
professional regulatory board reviews the investigatory information and report,
the public members of the board must be actively involved. [1997 c.791 §5; 2009
c.756 §5; 2013 c.568 §18; 2017 c.101 §9]
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2008–2022 · leading case:
Shank v. Bd. of Nursing, 185 P.3d 532 (Or. Ct. App. 2008).
Shank v. Bd. of Nursing, 185 P.3d 532 (Or. Ct. App. 2008).
“” 13 As part of the statutory context, we have also considered ORS 676.165, which concerns investigation of complaints.”
Harmon v. Oregon Med. Bd., 510 P.3d 949 (Or. Ct. App. 2022).
· cites it 5× “2 ORS 676.165 is an exemption from disclosure under the public records laws, ORS 192.”
Koller v. Schmaing, 296 P.3d 529 (Or. Ct. App. 2012).
· cites it 2× “Specifically, ORS 676.165 provides that the veterinary board shall investigate complaints made against a licensed veterinarian.”
Wang v. Bd. of Massage Therapists, 519 P.3d 1281 (Or. Ct. App. 2022).
“See ORS 676.165(5) (“Investigatory information obtained by an investigator and the report issued by the investigator shall be exempt from public disclosure.”
— Or. Rev. Stat. § 676.165(1) — 1 case
Koller v. Schmaing, 296 P.3d 529 (Or. Ct. App. 2012).
“Specifically, ORS 676.165 provides that the veterinary board shall investigate complaints made against a licensed veterinarian.”
— Or. Rev. Stat. § 676.165(5) — 2 cases
Harmon v. Oregon Med. Bd., 510 P.3d 949 (Or. Ct. App. 2022).
“2 ORS 676.165 is an exemption from disclosure under the public records laws, ORS 192.”
Wang v. Bd. of Massage Therapists, 519 P.3d 1281 (Or. Ct. App. 2022).
“See ORS 676.165(5) (“Investigatory information obtained by an investigator and the report issued by the investigator shall be exempt from public disclosure.”
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