68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
LC 2403
HOUSE AMENDMENTS TO
HOUSE BILL 2493
By COMMITTEE ON JUDICIARY
March 21
On page 1 of the printed bill, line 2, after 'boards ' insert a
period and delete the rest of the line and delete lines 3 through
5.
Delete lines 7 through 29 and pages 2 through 16 and insert:
' { + SECTION 1. + } { + As used in this Act:
' (1) 'Licensee' means any individual licensed, certified,
registered or otherwise authorized to practice by a professional
licensing board.
' (2) 'Professional licensing board' includes, but is not
limited to the:
' (a) State Board of Accountancy;
' (b) State Board of Architect Examiners;
' (c) State Landscape Architect Board;
' (d) State Board of Examiners for Speech Pathology and
Audiology;
' (e) State Board of Barbers and Hairdressers;
' (f) State Board of Chiropractic Examiners;
' (g) State Board of Clinical Social Workers;
' (h) Oregon Board of Licensed Professional Counselors and
Therapists;
' (i) Construction Contractors Board;
' (j) State Landscape Contractors Board;
' (k) Oregon Board of Dentistry;
' (L) State Board of Denture Technology;
' (m) Board of Examiners of Licensed Dietitians;
' (n) Commissioner of the Bureau of Labor and Industries to the
extent the commissioner certifies shorthand reporters and
licenses service dealers, technicians and trainees who service
consumer electronic entertainment equipment;
' (o) Real Estate Commissioner;
' (p) Health Division of the Department of Human Resources to
the extent that the Health Division certifies emergency medical
technicians and licenses electrologists and hearing aid dealers;
' (q) Mental Health and Developmental Disability Services
Division, the Senior and Disabled Services Division or the office
of Alcohol and Drug Abuse Programs of the Department of Human
Resources to the extent that these divisions and this office
license and regulate residential facilities operators subject to
ORS 443.400 to 443.455;
' (r) Electrical and Elevator Board;
' (s) State Board of Engineering Examiners;
' (t) State Board of Geologist Examiners;
' (u) State Marine Board to the extent that outfitters and
guides register with the board;
' (v) Department of Consumer and Business Services and Director
of the Department of Consumer and Business Services to the extent
that:
' (A) The department or director licenses insurance agents,
insurance adjusters and insurance consultants;
' (B) The department or director licenses broker-dealers,
investment advisors, investment advisor salespersons, mortgage
brokers and mortgage broker salespersons;
' (C) The department or director licenses pawnbrokers;
' (D) The department or director certifies workers'
compensation claims examiners and vocational rehabilitation
counselors; and
' (E) Collection agencies or debt consolidating agencies
register with the department or director;
' (w) Oregon Board of Maritime Pilots;
' (x) State Board of Massage Technicians;
' (y) State Mortuary and Cemetery Board;
' (z) Board of Naturopathic Examiners;
' (aa) Oregon State Board of Nursing;
' (bb) Board of Examiners of Nursing Home Administrators;
' (cc) Oregon Board of Optometry;
' (dd) State Board of Pharmacy;
' (ee) Board of Medical Examiners for the State of Oregon;
' (ff) Occupational Therapy Licensing Board;
' (gg) Physical Therapist Licensing Board;
' (hh) State Plumbing Board;
' (ii) Board on Public Safety Standards and Training;
' (jj) State Board of Psychologist Examiners;
' (kk) Board of Radiologic Technology;
' (LL) Appraiser Certification and Licensure Board;
' (mm) Real Estate Board;
' (nn) Sanitarians Registration Board;
' (oo) State Board of Tax Service Examiners;
' (pp) Teacher Standards and Practices Commission;
' (qq) Oregon State Veterinary Medical Examining Board; and
' (rr) Oregon State Bar.
' (3) 'Public record' has the meaning given the term in ORS
192.410. + }
' { + SECTION 2. + } { + (1) The Legislative Assembly
declares that the State of Oregon intends to protect persons
served by professional licensees and professional licensing
boards by encouraging individuals to file complaints, by both
guaranteeing public access to the disciplinary complaint process
of professional licensees to ensure that licensing boards are
accountable and protecting the integrity of continuing
investigations.
' (2) The Legislative Assembly further declares that this Act
governs complaints and investigations relating to individuals
licensed by professional licensing boards listed in section 1 of
this Act.
' (3) The Legislative Assembly further declares that sections
in the statutes specifically governing each professional
licensing board and concerning confidentiality of complaints and
investigations relating to persons other than individuals
licensed by the professional licensing board shall continue to
apply to such persons. + }
' { + SECTION 3. + } { + (1) Except as described in
subsection (2) of this section, any complaint to a professional
licensing board concerning the professional conduct of any
licensee is a public record available for public inspection.
' (2) Notwithstanding ORS 192.410 to 192.505, if an individual
requests confidentiality when filing a complaint, the
professional licensing board may withhold from disclosure the
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identity of the complainant and persons named in the complaint
other than the licensee only if the individual filing the
complaint shows compelling personal interest in maintaining
confidentiality and the complainant's identity, or the identity
of others named in the complaint, is not material to the
investigation of the complaint.
' (3) As used in this section, 'complaint' does not include
investigatory information as defined in section 4 of this
Act. + }
' { + SECTION 4. + } { + (1) A professional licensing board
shall investigate a complaint. Notwithstanding ORS 192.410 to
192.505, a professional licensing board may withhold from
disclosure investigatory information for 60 days following the
receipt of a complaint and may withhold from disclosure
investigatory information for an additional 60 days if the public
interest in nondisclosure clearly outweighs the public interest
in disclosure in the particular instance. All investigatory
information, except information that is otherwise confidential
under sections 3 and 5 of this Act, shall be available for public
inspection 120 days following the receipt of a complaint.
' (2) If any part of a public record contains investigatory
information that is not exempt from disclosure under this Act, as
well as material that is exempt from disclosure, the professional
licensing board shall separate the exempt and the nonexempt
material and make the nonexempt material available for
inspection.
' (3) As used in this section 'investigatory information '
means information gathered or used by a professional licensing
board to investigate a complaint concerning the conduct or
competency of a licensee of the board. 'Investigatory information
' does not include a complaint that initiates an investigation or
that the board uses in an investigation. + }
' { + SECTION 5. + } { + Nothing in this Act is intended to:
' (1) Require a professional licensing board to disclose the
name or information identifying a licensee who has participated
or is participating in an impairment or diversion program
approved or authorized by the professional licensing board or
similar program authorized or approved by the professional
licensing board. Each professional licensing board may define by
rule 'impaired licensee or person. '
' (2) Require a professional licensing board to disclose
information created for the purpose of a professional peer review
process that would otherwise be protected from disclosure under
Oregon law. + }
' { + SECTION 6. + } { + If a professional licensing board
refuses to disclose a public record under this Act, the person
requesting the disclosure of the public record may have the
refusal reviewed pursuant to ORS 192.450 to 192.490. + }
' { + SECTION 7. + } { + Whenever any professional licensing
board or agent appointed by the board conducts a hearing
concerning any disciplinary matter, including any contested case
hearing, the hearing shall be open to the public, and the record
thereof is a public record open to public inspection. When
children under 12 years of age provide testimony, the children
shall be afforded the protections set forth in ORS 40.460
(18a)(b) and (24) and 44.545 notwithstanding that the subject of
the testimony is other than sexual conduct. + }
' { + SECTION 8. + } { + (1) The professional licensing
board shall retain in its records materials that describe the
final disposition of each complaint and disciplinary action,
HA to HB 2493 Page 3
including but not limited to any final judicial disposition of
any disciplinary action. The record shall be retained for at
least 10 years.
' (2) The professional licensing board shall provide a copy of
the final disposition of each complaint to the complainant and to
the licensee and shall make copies available to the public. The
disposition shall include specific findings that the licensee has
or has not been found to have committed the actions or errors
giving rise to the complaint, that the actions or errors were or
were not a violation of applicable regulations or codes of
conduct, that insufficient evidence exists to make a definitive
decision on the merits of the complaint, that the complaint was
unjustified or that the complaint was outside the scope of the
professional licensing board's authority. The disposition shall
also include actions taken or required by the board as the result
of the complaint. + }
' { + SECTION 9. + } { + A professional licensing board may
charge a reasonable fee, not to exceed $1 per page, for
furnishing copies of material available for public inspection
under this Act. + }
' { + SECTION 10. + } { + (1) Any person who makes a
complaint in good faith to a professional licensing board as to
the performance or competence of a licensee or provides
information or testimony in connection with a complaint about the
performance or competence of a licensee, including information
provided in connection with peer review, shall not be subject to
an action for civil damages as a result thereof.
' (2) The same privileges and immunities from civil and
criminal proceedings that apply to prosecuting and judicial
officers of the state shall apply to the professional licensing
board, all officers and employees of the board and their
designees, including investigators, attorneys, counselors, staff
personnel and any other individual or entity acting on behalf of
or at the request of the board. + }
' { + SECTION 11. + } { + Any disciplinary proceedings,
including complaints, that are pending on the effective date of
this Act shall be subject to the confidentiality requirements in
effect when the complaint was filed. + }
' { + SECTION 12. + } { + This Act does not affect any
complaint submitted to or filed with a professional licensing
board concerning the performance or competency of a licensee
before the effective date of this Act. However, this Act applies
to any complaint submitted to or filed with a professional
licensing board concerning the performance or competency of a
licensee on or after the effective date of this Act. + } ' .
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