As used in ORS 677.190, unless the context requires otherwise: (1) Fraud or misrepresentation means the intentional misrepresentation or misstatement of a material fact, concealment of or failure to make known any material fact, or any other means by which misinformation or a false impression knowingly is given. (2) Fraudulent claim means a claim submitted to any patient, insurance or indemnity association, company or individual for the purpose of gaining compensation, which the person making the claim knows to be false. (3) Manifestly incurable condition, sickness, disease or injury means one that is declared to be incurable by competent physicians or by other recognized authority. (4) Unprofessional or dishonorable conduct means conduct unbecoming a person licensed to practice medicine or podiatry, or detrimental to the best interests of the public, and includes: (a) Any conduct or practice contrary to recognized standards of ethics of the medical or podiatric profession or any conduct or practice which does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition which does or might adversely affect a physicians ability safely and skillfully to practice medicine or podiatry; (b) Willful performance of any surgical or medical treatment which is contrary to acceptable medical standards; and (c) Willful and repeated ordering or performance of unnecessary laboratory tests or radiologic studies; administration of unnecessary treatment; employment of outmoded, unproved or unscientific treatments; failure to obtain consultations when failing to do so is not consistent with the standard of care; or otherwise utilizing medical service for diagnosis or treatment which is or may be considered inappropriate or unnecessary.
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