Investigation of alleged violations; power of board; subpoenas; peer review committees.

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(2) In the conduct of investigations, the board may:

(a) Take evidence;

(b) Take the depositions of witnesses, including the person charged, in the manner provided by law in civil cases;

(c) Compel the appearance of witnesses, including the person charged, before the board in person the same as in civil cases;

(d) Require answers to interrogatories;

(e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation;

(f) Require a person to undergo a mental, physical, chemical dependency or competency evaluation at the person’s expense when the board has reasonable grounds to believe that the person is or may be unable to practice a medical imaging modality with reasonable skill and safety or may constitute a risk to the public, with the results being reported to the board. The report may not be disclosed to the public but may be received into evidence in a proceeding between the board and the person when the mental, physical, chemical dependency or competency of the person is at issue, notwithstanding any claim of privilege by the person; and

(g) Issue subpoenas over the signature of the board chairperson or executive director and the seal of the board in the name of the State of Oregon.

(3) For the purpose of disciplinary issues concerning scope of practice and standards of practice, the board may form temporary peer review committees in the relevant modality or subspecialty to advise the board of appropriate action. The composition, authority and responsibilities of a temporary committee must be defined in rules adopted by the board. [1989 c.843 §10; 2009 c.833 §22; 2021 c.134 §1]


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