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. The reconveined Workgroup held a second series of public meetings in November 2021, January and March 2022, and is was comprised of three public Board members and four licensee Board members whose current practice includes conducting sensitive exams.
Workgroup recommendations are expected to be presented to the June 8th Administrative Affairs Committee and to the full Board in July.
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 a universal offering of a medical chaperone during all breast, genital, and rectal examinations, no matter the medical specialty, 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.
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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.
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Brochure: Physical Examination & Identifying Sexual
Misconduct, Patient Rights & Resources
| Board staff drafted a brochure for review by the Workgroup at their next meeting.
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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 was mailed to letters to law enforcement and district attorneys agencies in January 2022.
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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.
Workgroup Meeting Dates:
- November 17, 2021, 5-6 p.m.
- January 27, 5-6:30 p.m.
- March 16, 5-6:30 p.m.
Workgroup Materials:
For information on attending or to request accommodation, contact Gretchen Kingham, Executive Assistant, at
gretchen.kingham@omb.oregon.gov or (971) 673-2700.