71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 413
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Board of Naturopathic Examiners)
CHAPTER ................
AN ACT
Relating to practice of naturopathic medicine; amending ORS
685.020, 685.030, 685.040, 685.050, 685.085, 685.100, 685.110,
685.115 and 685.205.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 685.020 is amended to read:
685.020. (1) Except as provided in subsection (3) of this
section, no person shall practice, attempt to practice, or claim
to practice naturopathic medicine in this state without first
complying with the provisions of this chapter.
(2) { - Licentiates - } { + Only licensees + } under this
chapter may use any or all of the following terms, consistent
with academic degrees earned: 'Doctor of Naturopathy' or its
abbreviation, ' N.D.,' 'Naturopath' or 'Naturopathic Physician.'
However, none of these terms, or any combination of them, shall
be so used as to convey the idea that the physician who uses them
practices anything other than { - drugless therapy - }
{ + naturopathic medicine + }.
(3) Subsection (1) of this section does not apply to a bona
fide student of naturopathic medicine who, during the period of
the student's enrollment and as part of a doctoral course of
study in an Oregon accredited naturopathic educational
institution, engages in clinical training under the supervision
of institution faculty, if the clinical training facility and
level of supervision meet the standards adopted by the Board of
Naturopathic Examiners by rule.
SECTION 2. ORS 685.030 is amended to read:
685.030. Nothing in this chapter shall be construed to:
(1) Apply to any physician and surgeon, osteopath or
chiropractor, or to any Christian Scientist or other person who
by religious or spiritual means endeavors to prevent or cure
disease or suffering in accord with the tenets of any church.
(2) Authorize { - licentiates - } { + licensees + } to
practice optometry or administer chiropractic adjustments, or any
system or method of treatment not authorized in this chapter, or
to administer or write prescriptions for or dispense drugs, or do
major surgery except that naturopathic physicians are not
prohibited from recommending the use of specific and appropriate
over-the-counter pharmaceuticals for their patients, or from
Enrolled Senate Bill 413 (SB 413-A) Page 1
prescribing codeine sulfate or codeine phosphate in an
appropriate and safe manner.
(3) Prevent { - one licensed - } { + a licensee + } under
this chapter from the administration of the anesthetics or
antiseptics authorized in ORS 685.010 (4) { + , from ordering
diagnostic tests, + } or { + from + } the use of radiopaque
substances administered by mouth or rectum necessary for Roentgen
diagnostic purposes.
(4) Authorize the administration of any substance by
penetration of the skin or mucous membrane of the human body
except for diagnostic and preventive purposes or for the
therapeutic purpose of administering vitamins and minerals.
SECTION 3. ORS 685.085 is amended to read:
685.085. A person licensed to practice naturopathic medicine
under the laws of another state { + or territory of the United
States, the District of Columbia or Canada + } who demonstrates
to the satisfaction of the Board of Naturopathic Examiners that
the person possesses qualifications at least equal to those
required of persons eligible for licensing under this chapter
{ - , - } may be issued a license to practice in this state
without written examination upon payment of the license fee
required under ORS 685.100.
SECTION 4. ORS 685.100 is amended to read:
685.100. (1) Every person holding a license under this chapter
shall apply to the Board of Naturopathic Examiners for a
certificate of biennial registration and at the time of applying
shall pay to the board a biennial registration fee. A person
holding a license under this chapter who chooses to allow the
license to become inactive, as that term is defined by the board
by rule, or { + who + } is at least 70 years of age and retired
from the practice of naturopathic medicine shall apply to the
board for a certificate of registration and at the time of
applying shall pay to the board a registration fee. The
application shall be made upon a blank form furnished by the
board, and shall contain such information as may be necessary to
enable the board to identify the applicant for registration and
the licensee to be what the licensee claims to be in the
application.
(2) Upon receipt of an application for registration,
accompanied by the registration fee, the board shall issue to the
applicant a certificate of registration. The certificate shall,
at all times, be displayed in the office of the person to whom it
was issued unless the person has allowed the license to become
inactive or is retired from the practice of naturopathic medicine
and does not maintain an office.
(3) The failure, neglect or refusal of any person holding a
license under this chapter to pay the registration fee as
required by subsection (1) of this section shall, from the date
of expiration, automatically revoke the license. A revoked
license shall not be restored except upon written application
therefor and the payment of a restoration fee for each period the
license remains revoked, which is in addition to the biennial
registration fee for each year the registration fee remains
unpaid. An applicant for the restoration of a license so revoked
shall not be required to submit to any examination as to
qualification to practice under this chapter. However, the board
may deny the restoration of any revoked license for which the
required registration fees have not been paid during the years
for which they are due if it finds that grounds for refusal to
grant or for revocation of the license exist under ORS 685.110.
Enrolled Senate Bill 413 (SB 413-A) Page 2
(4)(a) A person who chooses to allow a license to become
inactive may file a written application to reactivate a license
that has been inactive for one year or less by paying the
restoration fee and the biennial registration fee for an active
license and demonstrating compliance with ORS 685.102. A
registration fee paid to place the license fee in inactive status
shall not be credited toward payment of the biennial registration
fee for an active license. The board may prorate the biennial
registration fee.
(b) A person who chooses to allow a license to become inactive
may file a written application to reactivate a license that has
been inactive for more than one year by paying the biennial
registration fee for an active license and demonstrating
compliance with the continuing education requirement set by rule
of the board under ORS 685.102 (6). The board may prorate the
biennial registration fee.
(5) The secretary of the board shall notify each person holding
a license under this chapter that the registration application
and fee are due.
(6) The board shall assess fees for { - the following - } :
(a) { + An initial + } license.
(b) Examination.
{ - (c) Certificate of registration as active, inactive or
retired. - }
{ + (c) Renewal of a biennial license.
(d) Yearly renewal of an inactive or retired license. + }
{ - (d) - } { + (e) + } Restoration { + of an inactive or
revoked license + }.
{ - (e) - } { + (f) A + } certificate of special competency
in natural childbirth. { +
(g) A duplicate license.
(h) A wall certificate.
(i) Copies of public documents, mailing labels, lists and
diskettes. + }
(7) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fees and charges, the fees and charges
established under this section shall not exceed the cost of
administering the regulatory program of the board pertaining to
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly within the board's budget,
as the budget may be modified by the Emergency Board.
SECTION 5. ORS 685.110 is amended to read:
685.110. The Board of Naturopathic Examiners may refuse to
grant a license, may suspend or revoke a license, may limit a
license, may impose probation, or may impose a civil penalty not
to exceed $1,000 for each offense for any of the following
reasons:
(1) The use of fraud or deception in securing a license.
(2) The impersonation of another physician.
(3) Practicing naturopathic medicine under an assumed name.
(4) The performance of an abortion.
(5) The conviction of a crime involving moral turpitude.
(6) Any other reason that renders the applicant or licensee
unfit to perform the duties of a naturopathic physician.
(7) Conviction of a crime relating to practice of naturopathic
medicine.
(8) Negligence { + related to the practice of naturopathic
medicine + }.
Enrolled Senate Bill 413 (SB 413-A) Page 3
(9) Habitual or excessive use of intoxicants, drugs or
controlled substances.
(10) Prescribing or dispensing drugs outside the scope of
practice.
(11) Commitment to a mental institution.
(12) Obtaining a fee through fraud or misrepresentation.
(13) Gross or repeated malpractice.
(14) Representing to a patient that a manifestly incurable
condition of sickness, disease or injury can be permanently
cured.
(15) Any { - repeated - } conduct or practice contrary to a
recognized standard of ethics of the profession or any conduct or
practice { - which - } { + that + } does or might constitute
a danger to the health or safety of a patient or the public or
any conduct, practice or condition { - which - } { + that + }
does or might impair a physician's ability safely and skillfully
to practice naturopathic medicine.
(16) Willful and consistent utilization of any naturopathic
service, X-ray equipment or treatment { - which - }
{ + that + } is contrary to recognized standards of practice of
the naturopathic profession.
{ - (17) Gross malpractice or repeated malpractice. - }
{ - (18) - } { + (17) + } Failure to notify the board of a
change in the location of practice.
{ - (19) - } { + (18) + } Attempting to practice
naturopathic medicine or practicing or claiming to practice
naturopathic medicine or any of its components in this state
without first complying with the provisions of this chapter.
{ - (20) - } { + (19) + } Suspension or revocation of a
license to practice naturopathic medicine in another
jurisdiction.
{ - (21) - } { + (20) + } Employing unlicensed persons to
practice naturopathic medicine.
{ - (22) - } { + (21) + } Practicing natural childbirth
without first obtaining a certificate of special competency.
{ - (23) - } { + (22) + } Representing that the licensee is
a medical specialist or practices a medical specialty. { +
(23) Failure to inform the board of change of mailing or
practice address.
(24) Failure to respond in a timely manner to a request for
information from the board.
(25) Failure to pay a civil penalty in the time specified by
the order imposing the penalty.
(26) Violation of any provision of this chapter or rules
adopted by the board. + }
SECTION 6. ORS 685.040 is amended to read:
685.040. { - Licentiates - } { + Licensees + } under this
chapter shall observe and are subject to all state, county and
municipal laws and regulations relating to public health.
SECTION 7. ORS 685.050 is amended to read:
685.050. { - Licentiates - } { + Licensees + } under this
chapter are authorized to sign birth and death certificates. Such
certificates so signed shall be accepted as fulfilling all the
requirements of the laws dealing with such certificates.
SECTION 8. ORS 685.115 is amended to read:
685.115. (1) Any information that the Board of Naturopathic
Examiners obtains under ORS { - 685.110 - } { + 685.225 + }
is confidential as provided under ORS 676.175.
Enrolled Senate Bill 413 (SB 413-A) Page 4
(2) Any person who in good faith provides information to the
board shall not be subject to an action for civil damages as a
result thereof.
SECTION 9. ORS 685.205 is amended to read:
685.205. (1) The Board of Naturopathic Examiners shall appoint
a peer review committee consisting of five members. The peer
review committee shall evaluate complaints against naturopathic
physicians which are referred to it by the board, and make
recommendations to the board regarding those complaints. The
board exercises ultimate authority and control over all
complaints considered by the committee, approving or disapproving
the recommendations of the committee { - according to the
policies expressed in ORS 685.110 - } .
(2) The members of a peer review committee shall be appointed
from among those in the profession who are in active practice
with five or more years of practice experience. Members shall be
representative of affiliated and nonaffiliated naturopathic
physicians and representative of various aspects of the practice
of naturopathic medicine. To be appointed a member must receive
at least four votes from members of the state board. Members
shall each serve two-year terms. No member may serve more than
two consecutive terms.
(3) The peer review process shall be governed by rules of the
board adopted pursuant to ORS 183.310 to 183.550. The board shall
provide appropriate training for members of peer review
committees. The board by rule shall provide for a program of
active supervision by the board over the conduct of the peer
review committee to determine whether it comports with state
regulatory policy and to correct abuses, if any.
(4) Members of a peer review committee acting pursuant to this
section are agents of the board for purposes of ORS 30.260 to
30.300.
(5) Peer review shall not be used to replace independent
medical examinations.
(6) Any information provided to a peer review committee in the
performance of its duties is confidential and shall not be
subject to public disclosure or admissible as evidence in any
judicial proceeding, except that as a part of a peer review
report, this information may be disclosed to the board and the
person being reviewed.
(7) Any person who reports or provides information to a peer
review committee in the performance of its duties and who
provides information in good faith shall not be subject to an
action for civil damages as a result thereof.
(8) Upon receipt of a complaint under this chapter, the peer
review committee shall conduct an investigation as described
under ORS 676.165.
----------
Enrolled Senate Bill 413 (SB 413-A) Page 5
Passed by Senate March 13, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 31, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 413 (SB 413-A) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 413 (SB 413-A) Page 7