68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1596

                         House Bill 2523

Sponsored by Representative WATT (at the request of Oregon
  Medical Association)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Repeals requirement of continuing education for workers'
compensation medical providers.

                        A BILL FOR AN ACT
Relating to continuing education for workers' compensation
  medical providers; amending ORS 656.254; and repealing ORS
  656.329.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + ORS 656.329 is repealed. + }
  SECTION 2. ORS 656.254 is amended to read:
  656.254. (1) The Director  { + of the Department of Consumer
and Business Services + } shall establish medical report forms,
in duplicate snap-outs where applicable, to be used by insurers,
self-insured employers and physicians, including in such forms
information necessary to establish facts required in the
determination of the claim.
  (2) The director shall establish sanctions for the enforcement
of medical reporting requirements. Such sanctions may include,
but are not limited to, forfeiture of fees and penalty not to
exceed $1,000 for each occurrence.
  (3) In accordance with the provisions of ORS 183.310 to
183.550, if the director finds that a health care practitioner
has:
  (a) Been found, pursuant to ORS 656.327, to have failed to
comply with rules adopted pursuant to this chapter regarding the
performance of medical services for injured workers or to have
provided medical treatment that is excessive, inappropriate or
ineffectual, the director may impose a sanction that includes
forfeiture of fees and a penalty not to exceed $1,000 for each
occurrence. If the failure to comply or perform is repeated and
willful, the director may declare the health care practitioner
ineligible for reimbursement for treating workers' compensation
claimants for a period not to exceed three years.
  (b) Had the health care practitioner's license revoked or
suspended by the practitioner's professional licensing board for
a violation of that profession's ethical standards, the director
may declare the health care practitioner ineligible for
reimbursement for treating workers' compensation claimants for a
period not to exceed three years or the period the practitioner's
license is suspended or revoked, whichever period is the longer.
  (c) Has engaged in any course of conduct demonstrated to be
dangerous to the health or safety of a workers' compensation
claimant, the director may impose a sanction that includes
forfeiture of fees and a penalty not to exceed $1,000 for each
occurrence. If the conduct is repeated and willful, the director
may declare the health care practitioner ineligible for
reimbursement for treating workers' compensation claimants for a
period not to exceed three years.
    { - (d) Has failed after January 1, 1989, to participate in a
continuing education program that meets the requirements of ORS
656.329, the director may impose a sanction that includes
forfeiture of fees and may declare the health care practitioner
ineligible for reimbursement for treating workers' compensation
claimants until the health care practitioner participates in the
continuing education program. - }
  (4) Any declaration that a health care practitioner is
ineligible to receive reimbursement under this chapter shall not
otherwise interfere with or impair treatment of any person by the
health care practitioner.
  (5) ORS 656.735 (5) to (7) and 656.740 also apply to orders and
penalties assessed under this section.
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