Or. Admin. Code § 331-020-0075 - Unprofessional Conduct

Unprofessional conduct under ORS 676.612, includes, but is not limited to:

(1) Sexual misconduct or harassment.

(2) Practicing outside the authorization holder's scope of practice.

(3) Advertising services outside the authorization holder's scope of practice.

(4) Practicing in a manner inconsistent with the health and safety of the client.

(5) Deceptive business practices with clients.

(6) Misrepresentation or fraud in any aspect of the profession, including, but not limited to, charging for unnecessary services, charging for services not provided, failing to provide services that are paid in full, or failure to comply with Oregon insurance billing laws and rules.

(7) Failing to report in writing to the Office any adverse action as described in ORS 676.612(2)(L) within 10 days.

(8) Falsifying or altering any record in any aspect of the profession.

(9) Commission of any crime or any act that would constitute a criminal act, while providing services.

(10) Engaging in any conduct likely to deceive or defraud the public or a program under the authority of the Office.

(11) Implying a medical affiliation, medical skill or training that is false, misleading or deceptive, including but not limited to:

(a) Using "medical," "medical grade," or "medi" when referring to nonmedical services or services that are outside the authorization holder's scope of practice;

(b) Attaching "medical" to an authorization holder title;

(c) Advertising or implying that the authorization holder is "certified" or similarly accredited or qualified, in a regulated procedure that is outside the authorization holder's scope of practice;

(12) Using a title or initials that imply that the authorization holder holds an authorization to practice that the authorization holder does not hold, or using a title or initials that are false, misleading or deceptive.

(13) Attempting to influence a witness or complainant in an investigation, including but not limited to:

(a) Inducing or attempting to induce, or allow anyone on an authorization holders behalf to induce or attempt to induce, a witness, or a person the authorization holder believes may be a witness, in any investigation or in an official proceeding to offer false information or testimony or unlawfully withhold any testimony; or

(b) Inducing or attempting to induce, or allow anyone on an authorization holder's behalf to induce or attempt to induce, a witness to be absent from or be uncooperative with any investigation or official proceeding.

(14) Using or attempting to use another person's identification or credentials to obtain an authorization.

(15) Using or attempting to use fraudulent diplomas or certifications ("diploma mill") to obtain an authorization.

(16) Failure to report to the appropriate board that another authorization holder has or may have engaged in prohibited or unprofessional conduct as required in ORS 676.150.

(17) Failure to report to the Office arrests or convictions within 10 days as required in ORS 676.150.

(18) Violating the client's rights of privacy, and confidentiality.

(19) Photographing or filming the body or any body part or pose of a client without consent.

Notes

Or. Admin. Code § 331-020-0075

HLO 71-2018, adopt filed 04/30/2018, effective 5/1/2018

Statutory/Other Authority: ORS 676.565, ORS 676.612, ORS 676.992 & ORS 681.700-681.730

Statutes/Other Implemented: ORS 676.565, ORS 676.612, ORS 676.992 & ORS 681.700-681.730