Oregon Medical Board Updates Definition of “Medical Incompetence”

OAR 847-010-007 was amended to further define “medical incompetence.” The rule amendments define “medical incompetence” and clarify that evidence of medical incompetence also includes failure to pass a competency exam/program or complete a course/program when required by the Board or a health care facility. The rulemaking breaks out the nine separate types of conduct within the definition of “unprofessional or dishonorable conduct” in ORS 677.188(4) and states that a licensee may not intentionally contact the known complainant, until the licensee has requested a contested case hearing and the Board has authorized the taking of the complainant’s deposition. Of course, this means that a deposition of a complainant will never be taken because the Board will never allow it. But, this is nothing new in contested case hearings. Lastly, the amendments incorporate by reference the ethics standards of the Board’s regulated professions. This had been a point of contention between defense counsel and the Board in prior matters, since the various Boards repeatedly incorporated these ethics rules within the body of their proposed notices of discipline without any apparent authority to do so.