Disciplinary Procedures, Prohibited Conduct, and Enforcement
Complaint and investigation
The board receives complaints from consumers, other licensees, and public agencies. Staff investigate, may inspect establishments and records, and may seek a consent order. If informal resolution fails, the board issues a notice of intent or charges and the matter proceeds as a contested case under the Administrative Procedures Act, with hearing rights, representation, and appeal.
Grounds and penalties
Grounds include unprofessional conduct, gross negligence, incompetence, fraud, misrepresentation, conviction of certain crimes, practicing while unlicensed, aiding unlicensed practice, failing to maintain records, and violating preneed trust or sanitation rules. Penalties include reprimand, probation, suspension, revocation, civil penalties up to the statutory maximum per violation, restitution, and conditions on licensure.
Reporting and cooperation
Licensees must cooperate with investigations and produce records. Falsifying records or trying to influence a witness is itself a separate violation. The board may act on conduct that occurs outside Oregon if it bears on fitness to practice.
Worked example
An FSP signs a death certificate as certifier when no physician was involved and later alters the file to show a physician’s name. The falsification is both a vital records violation and unprofessional conduct. The board can revoke or suspend, impose a civil penalty, and require ethics education; the medical examiner and prosecutors may also act.
Traps
Do not assume a criminal acquittal bars board discipline-the standards differ. Do not ignore a board subpoena. Do not treat a consent order as no discipline; it is a public order with conditions. Do not assume the board cannot fine as well as suspend.