677.188
Definitions for ORS 677.190.
As used in ORS 677.190, unless the context requires otherwise:
(1) “Fraud or
misrepresentation” means the intentional misrepresentation or misstatement of a
material fact, concealment of or failure to make known any material fact, or
any other means by which misinformation or a false impression knowingly is
given.
(2) “Fraudulent
claim” means a claim submitted to any patient, insurance or indemnity
association, company or individual for the purpose of gaining compensation,
which the person making the claim knows to be false.
(3) “Manifestly
incurable condition, sickness, disease or injury” means one that is declared to
be incurable by competent physicians or by other recognized authority.
(4) “Unprofessional
or dishonorable conduct” means conduct unbecoming a person licensed to practice
medicine or podiatry, 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 or
podiatric 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 adversely affect a physician’s
ability safely and skillfully to practice medicine or podiatry;
(b) Willful
performance of any surgical or medical treatment which is contrary to
acceptable medical standards; and
(c) Willful and
repeated ordering or performance of unnecessary laboratory tests or radiologic
studies; administration of unnecessary treatment; employment of outmoded,
unproved or unscientific treatments; failure to obtain consultations when
failing to do so is not consistent with the standard of care; or otherwise
utilizing medical service for diagnosis or treatment which is or may be
considered inappropriate or unnecessary. [1967 c.470 §29; 1969 c.684 §14; 1975
c.796 §1; 1983 c.486 §21; 1987 c.377 §3; 2009 c.756 §22; 2013 c.129 §11]
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1981–2021 · leading case:
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
· cites it 27× “" In some respects, the Murphy notice was superior to the notice in this case because it narrowed "unprofessional or dishonorable conduct" to ORS 677.188 (4)(a). Here, the board did no such narrowing.”
Spray v. Bd. of Med. Examiners, 624 P.2d 125 (Or. Ct. App. 1981).
· cites it 8× “‡ ‡ ‡ » ORS 677.188(4) defines "unprofessional or dishonorable conduct:” "(4) 'Unprofessional or dishonorable conduct’ means conduct unbecoming a person licensed to practice medicine, or deterimental to the best interest of the public, and includes: "(a) Any conduct or practice…”
Murphy v. Oregon Med. Bd., 348 P.3d 1173 (Or. Ct. App. 2015).
· cites it 12× “The rule provides, in part: “Unprofessional conduct: Unprofessional conduct includes the behavior described in ORS 677.188(4) and is conduct which is unbecoming to a person licensed by the Board of Medical Examiners or detrimental to the best interest of the public and includes:…”
McKay v. Bd. of Med. Examiners, 788 P.2d 476 (Or. Ct. App. 1990).
· cites it 4× “190(1) in two respects: “(a) Making unnecessary house calls to a patient which resulted in the Licensee receiving ‘loans’ from an elderly, vulnerable patient with no documentation or loan repayment schedule was conduct unbecoming a person licensed to practice medicine and was…”
Read v. Oregon Med. Bd., 260 P.3d 771 (Or. Ct. App. 2011).
· cites it 2× “In light of the elaborated definition of “unprofessional” and “dishonorable” conduct in ORS 677.188(4), it is far from plain that the terms are too vague to comprehend.”
Eusterman v. Nw. Permanente, P.C., 129 P.3d 213 (Or. Ct. App. 2006).
“190(l)(a) provides that the Board of Medical Examiners may suspend or revoke the license of a doctor for unprofessional or dishonorable conduct, which ORS 677.188(4)(a) defines to include conduct or practices that violate ethical standards or that might endanger patients or…”
Murphy v. Goss, 103 F. Supp. 3d 1234 (D. Or. 2015).
· cites it 2× “190(l)(a) by engaging in unprofessional or dishonorable conduct as defined by ORS § 677.188(4)(a). That statutory provision defines unprofessional ór dishonorable conduct to include any conduct or practice that does or might constitute a danger to the health or safety of a…”
Ivanov v. Farmers Ins., 140 P.3d 1189 (Or. Ct. App. 2006).
“Those amendments are not relevant to this appeal. All references in this opinion are to the 1999 versions of those statutes.”
Lee v. State of Or., 891 F. Supp. 1429 (D. Or. 1995).
“See also ORS 677.188(4)(a). Two of these statutes are more fully discussed in the text of this opinion: ORS 426.”
Grobovsky v. Bd. of Med. Examiners, 159 P.3d 1245 (Or. Ct. App. 2007).
“]” ORS 677.188(4)(a). Evidence that a physician used alcohol excessively or was under its influence while at work could tend to prove that the physician had violated that statute.”
Gambee v. Bd. of Med. Examiners, 923 P.2d 679 (Or. Ct. App. 1996).
· cites it 2× “190(1), 1 alleging that petitioner had engaged in “unprofessional conduct,” as defined in ORS 677.188(4). That statute defines “unprofessional or dishonorable conduct” as “conduct unbecoming a person licensed to practice medicine or podiatry, or detrimental to the best interests…”
LaTulippe v. Harder (D. Or. 2021).
“LaTulippe ‘engaged in unprofessional conduct or dishonorable conduct, as defined in ORS 677.188(4)(a)[.]’” FAC ¶ 56. Second, Defendants’ action to suspend Plaintiff’s medical license was not “taken in the complete absence of all jurisdiction.”
— Or. Rev. Stat. § 677.188(4) — 7 cases
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
“" In some respects, the Murphy notice was superior to the notice in this case because it narrowed "unprofessional or dishonorable conduct" to ORS 677.188 (4)(a). Here, the board did no such narrowing.”
Spray v. Bd. of Med. Examiners, 624 P.2d 125 (Or. Ct. App. 1981).
“‡ ‡ ‡ » ORS 677.188(4) defines "unprofessional or dishonorable conduct:” "(4) 'Unprofessional or dishonorable conduct’ means conduct unbecoming a person licensed to practice medicine, or deterimental to the best interest of the public, and includes: "(a) Any conduct or practice…”
Read v. Oregon Med. Bd., 260 P.3d 771 (Or. Ct. App. 2011).
“In light of the elaborated definition of “unprofessional” and “dishonorable” conduct in ORS 677.188(4), it is far from plain that the terms are too vague to comprehend.”
McKay v. Bd. of Med. Examiners, 788 P.2d 476 (Or. Ct. App. 1990).
“190(1) in two respects: “(a) Making unnecessary house calls to a patient which resulted in the Licensee receiving ‘loans’ from an elderly, vulnerable patient with no documentation or loan repayment schedule was conduct unbecoming a person licensed to practice medicine and was…”
Murphy v. Oregon Med. Bd., 348 P.3d 1173 (Or. Ct. App. 2015).
“The rule provides, in part: “Unprofessional conduct: Unprofessional conduct includes the behavior described in ORS 677.188(4) and is conduct which is unbecoming to a person licensed by the Board of Medical Examiners or detrimental to the best interest of the public and includes:…”
— Or. Rev. Stat. § 677.188(4)(a) — 9 cases
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
“" In some respects, the Murphy notice was superior to the notice in this case because it narrowed "unprofessional or dishonorable conduct" to ORS 677.188 (4)(a). Here, the board did no such narrowing.”
Murphy v. Oregon Med. Bd., 348 P.3d 1173 (Or. Ct. App. 2015).
“The rule provides, in part: “Unprofessional conduct: Unprofessional conduct includes the behavior described in ORS 677.188(4) and is conduct which is unbecoming to a person licensed by the Board of Medical Examiners or detrimental to the best interest of the public and includes:…”
Eusterman v. Nw. Permanente, P.C., 129 P.3d 213 (Or. Ct. App. 2006).
“190(l)(a) provides that the Board of Medical Examiners may suspend or revoke the license of a doctor for unprofessional or dishonorable conduct, which ORS 677.188(4)(a) defines to include conduct or practices that violate ethical standards or that might endanger patients or…”
Murphy v. Goss, 103 F. Supp. 3d 1234 (D. Or. 2015).
“190(l)(a) by engaging in unprofessional or dishonorable conduct as defined by ORS § 677.188(4)(a). That statutory provision defines unprofessional ór dishonorable conduct to include any conduct or practice that does or might constitute a danger to the health or safety of a…”
Lee v. State of Or., 891 F. Supp. 1429 (D. Or. 1995).
“See also ORS 677.188(4)(a). Two of these statutes are more fully discussed in the text of this opinion: ORS 426.”
— Or. Rev. Stat. § 677.188(4)(b) — 1 case
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
“" In some respects, the Murphy notice was superior to the notice in this case because it narrowed "unprofessional or dishonorable conduct" to ORS 677.188 (4)(a). Here, the board did no such narrowing.”
— Or. Rev. Stat. § 677.188(4)(c) — 2 cases
Spray v. Bd. of Med. Examiners, 624 P.2d 125 (Or. Ct. App. 1981).
“‡ ‡ ‡ » ORS 677.188(4) defines "unprofessional or dishonorable conduct:” "(4) 'Unprofessional or dishonorable conduct’ means conduct unbecoming a person licensed to practice medicine, or deterimental to the best interest of the public, and includes: "(a) Any conduct or practice…”
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
“" In some respects, the Murphy notice was superior to the notice in this case because it narrowed "unprofessional or dishonorable conduct" to ORS 677.188 (4)(a). Here, the board did no such narrowing.”
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