Workgroup Overview
In January 2021, the Oregon Medical Board formed a Workgroup on Sexual Misconduct that was charged with reviewing statutes, rules, and policies regarding the board's approach to sexual misconduct allegations and enforcement. The Workgroup held a series of public meetings in February, March, and April 2021, and was composed of three public Board members and two licensee Board members. During the October 2021 Board meeting, the Board voted to reconvene the Sexual Misconduct Workgroup at a later date to focus on rulemaking details and further development of an informational brochure.
Policy: Institute a zero-tolerance culture.
| Complaints of sexual misconduct will be investigated and expedited. Notices of Proposed Discipline will include the term “sexual misconduct" rather than the non-specific term “unprofessional conduct."
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Rulemaking: Require medical chaperones be present for sensitive examinations performed by Board licensees
effective January 1, 2023.
| The Board provided a public comment period in August through October 6, 2021. Based on the volume and content of the comments, the Board extended the comment period and is reconvening the Workgroup to review comments and make recommendations. See the
rulemaking information sheet for draft language and more details.
|
Rulemaking: Require the OMB monitor the National
Practitioner Data Bank (NPDB) Continuous Query alert
system for two years from the date of an allegation of
sexual misconduct.
| The Board filed a permanent rule on October 13, 2021, see
OAR 847-001-0024(3). This will provide continuous monitoring and ensure the Board receives timely notice of any additional actions and does not reflect on the licensee’s NPDB record.
|
Brochure: Physical Examination & Identifying Sexual
Misconduct, Patient Rights & Resources
| Board staff drafted a brochure for review by the Workgroup at their next meeting.
|
Communication: Send a letter to law enforcement agencies
throughout Oregon with information on how to contact the
Board in the event a licensee is suspected of a sexual (or
other) crime.
| Letter being reviewed by Other Oregon health care boards.
|
Next Workgroup Meeting
Wednesday, November 17, 2021, 5 p.m.
The workgroup will review the draft medical chaperone rule and draft patient brochure. Additional comments for review by the workgroup may be submitted until Monday,
November 8,
2021 at 5 p.m. via email to elizabeth.ross@omb.oregon.gov.
The meeting will be
held via videoconference/phone and is open to the public to attend. For
information
on attending or to request accommodation, contact Gretchen Kingham,
Executive Assistant, at gretchen.kingham@omb.oregon.gov or (971) 673-2700.
The Oregon Medical Board recognizes that the practice of medicine entails a unique relationship between the medical professional and the patient. The patient's trust and confidence in a provider's professional status grants power and influence to the licensee. When there is a violation of that relationship through sexual misconduct, such behavior and actions can have a profound, enduring, and traumatic impact on the individual being exploited, their family, the public at large, and the medical profession as a whole. Therefore, successfully addressing sexual misconduct by Oregon licensees is imperative.
Additional references:
Prior Meeting Minutes
- Updated October 2021