71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 885
Sponsored by Senator DUKES; Senators BURDICK, CASTILLO
CHAPTER ................
AN ACT
Relating to pain management; creating new provisions; amending
ORS 675.110, 677.228, 677.510, 678.101, 684.092 and 685.102;
and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Pain Management Commission is
established within the Department of Human Services. The
commission shall:
(a) Develop a pain management practice program for providers;
(b) Develop pain management recommendations;
(c) Develop ways to improve pain management services through
research, policy analysis and model projects; and
(d) Represent the concerns of patients in Oregon on issues of
pain management to the Governor and the Legislative Assembly.
(2) The pain management coordinator of the Department of Human
Services shall serve as staff to the commission. + }
SECTION 2. { + (1) The Pain Management Commission shall
consist of 19 members as follows:
(a) Seventeen members shall be appointed by the Director of
Human Services. Prior to making appointments, the director shall
request and consider recommendations from individuals and public
and private agencies and organizations with experience or a
demonstrated interest in pain management issues, including but
not limited to:
(A) Physicians licensed under ORS chapter 677 or organizations
representing physicians;
(B) Nurses licensed under ORS chapter 678 or organizations
representing nurses;
(C) Psychologists licensed under ORS 675.010 to 675.150 or
organizations representing psychologists;
(D) Physician assistants licensed under ORS 677.495 to 677.545
or organizations representing physician assistants;
(E) Chiropractic physicians licensed under ORS chapter 684 or
organizations representing chiropractic physicians;
(F) Naturopaths licensed under ORS chapter 685 or organizations
representing naturopaths;
(G) Clinical social workers licensed under ORS chapter 675 or
organizations representing clinical social workers;
(H) Palliative care professionals or organizations representing
palliative care professionals;
(I) Mental health professionals or organizations representing
mental health professionals;
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(J) Health care consumers or organizations representing health
care consumers;
(K) Hospitals and health plans or organizations representing
hospitals and health plans;
(L) Patients or advocacy groups representing patients; and
(M) Members of the public.
(b) Two members shall be members of a legislative committee
with jurisdiction over human services issues, one appointed by
the President of the Senate and one appointed by the Speaker of
the House of Representatives. Both members shall be nonvoting, ex
officio members of the commission.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the appointing authority. Before
the expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term. + }
SECTION 3. { + The Pain Management Commission shall:
(1) Develop a pain management education program curriculum and
update it biennially;
(2) Provide health professional regulatory boards and other
health boards, committees or task forces with the curriculum; and
(3) Work with health professional regulatory boards and other
health boards, committees or task forces to develop approved pain
management education programs as required. + }
SECTION 4. { + Notwithstanding the term of office specified by
section 2 of this 2001 Act, of the members first appointed to the
Pain Management Commission:
(1) Five shall serve for a term ending July 1, 2003.
(2) Five shall serve for a term ending July 1, 2004.
(3) Five shall serve for a term ending July 1, 2005.
(4) Four shall serve for a term ending July 1, 2006. + }
SECTION 5. { + (1) The Director of Human Services shall select
one member of the Pain Management Commission as chairperson and
another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of such
offices as the director determines.
(2) A majority of the voting members of the commission
constitutes a quorum for the transaction of business.
(3) The commission shall meet at least once every six months at
a place, day and hour determined by the director. The commission
also shall meet at other times and places specified by the call
of the chairperson or of a majority of the members of the
commission. + }
SECTION 6. { + The Pain Management Commission may accept
contributions of funds and assistance from the United States
Government or its agencies or from any other source, public or
private, and agree to conditions thereon not inconsistent with
the purposes of the commission. All such funds shall be deposited
in the Pain Management Fund established in section 9 of this 2001
Act to aid in financing the duties, functions and powers of the
commission. + }
SECTION 7. { + The pain management education program
curriculum described in section 3 of this 2001 Act shall be
completed by January 1, 2003. + }
SECTION 8. { + In accordance with applicable provisions of ORS
183.310 to 183.550, the Pain Management Commission may adopt
Enrolled Senate Bill 885 (SB 885-C) Page 2
rules necessary to implement sections 1 to 9 of this 2001
Act. + }
SECTION 9. { + There is established the Pain Management Fund
in the Department of Human Services Account established under ORS
409.060. All moneys credited to the Pain Management Fund are
continuously appropriated for the purposes of sections 1 to 9 of
this 2001 Act to be expended by the Pain Management Commission
established under section 1 of this 2001 Act. + }
SECTION 10. { + (1) A physician assistant licensed under ORS
chapter 677, a nurse licensed under ORS chapter 678, a
psychologist licensed under ORS 675.010 to 675.150, a
chiropractic physician licensed under ORS chapter 684 or a
naturopath licensed under ORS chapter 685 must complete one pain
management education program established under section 3 of this
2001 Act.
(2) The Board of Medical Examiners, in consultation with the
Pain Management Commission, shall identify by rule physicians
licensed under ORS chapter 677 who, on an ongoing basis, treat
patients in chronic or terminal pain and who must complete one
pain management education program established under section 3 of
this 2001 Act. The board may identify by rule circumstances under
which the requirement under this section may be waived. + }
SECTION 11. { + A person required to complete one pain
management education program established under section 3 of this
2001 Act shall complete the program within 24 months of the
operative date of this section or within 24 months of the first
renewal of the person's license after the operative date of this
section. + }
SECTION 11a. If Senate Bill 569 becomes law, section 11 of this
2001 Act is amended to read:
{ + Sec. 11. + } A person required to complete one pain
management education program established under section 3 of this
2001 Act shall complete the program { + : + }
{ + (1) + } Within 24 months of the operative date of this
section { + ; + }
{ - or - }
{ + (2) + } Within 24 months of the first renewal of the
person's license after the operative date of this section { + ;
or
(3) For a physician assistant for whom an application under ORS
677.510 (1) has been approved before the operative date of this
section, within 24 months after the operative date of this
section + }.
SECTION 12. ORS 675.110 is amended to read:
675.110. The State Board of Psychologist Examiners shall have
the following powers, in addition to the powers otherwise granted
under ORS 675.010 to 675.150, and shall have all powers necessary
or proper to carry the granted powers into effect:
(1) To determine qualifications of applicants to practice
psychology in this state; to cause to have examinations prepared,
conducted and graded and to grant licensing to qualified
applicants upon their compliance with the provisions of ORS
675.010 to 675.150 and the rules of the board.
(2) To grant or deny annual renewal of licenses, and to renew
licenses which have lapsed for nonpayment of the renewal fee,
subject to the provisions of ORS 675.010 to 675.150.
(3) To suspend or revoke licenses, subject to ORS 675.010 to
675.150.
Enrolled Senate Bill 885 (SB 885-C) Page 3
(4) To issue letters of reprimand, to impose probationary
periods with the authority to restrict the scope of practice of a
licensed psychologist or to require practice under supervision.
(5) To impose civil penalties not to exceed $1,000.
(6) To restore licenses which have been suspended or revoked or
voided by nonpayment of the renewal fee.
(7)(a) To collect annual fees for application, examination and
licensing of applicants, for renewal of licenses, and for
issuance of limited permits, such fees to be used to defray the
expenses of the board as provided in ORS 675.140.
(b) The board may collect a delinquent renewal fee for licenses
renewed after January 1 but before February 1.
(8) To investigate alleged violations of ORS 675.010 to
675.150.
(9) To issue subpoenas for the attendance of witnesses, take
testimony, administer oaths or affirmations to witnesses, conduct
hearings, require the production of relevant documents in all
proceedings pertaining to the duties and powers of the board.
(10) To enforce ORS 675.010 to 675.150 and to exercise general
supervision over the practice of psychology in this state.
(11) To adopt a common seal.
(12) To formulate a code of professional conduct for the
practice of psychology giving particular consideration to the
Ethical Standards of Psychologists promulgated by the American
Psychological Association.
(13) To establish standards of service and training and
educational qualifications for the rendering of ethical
psychological services in this state, including the formulation
of standards for the issuance of licenses for areas of special
competence.
(14) To formulate and enforce continuing education requirements
for duly licensed psychologists to insure the highest quality of
professional services to the public.
{ + (15) To deny annual renewal of a license, or renewal of a
license that has lapsed for nonpayment of the renewal fee, unless
prior to payment of the renewal fee described in subsection (7)
of this section the applicant completes, or provides
documentation of previous completion of:
(a) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under section 1 of this 2001 Act; or
(b) An equivalent pain management education program, as
determined by the board. + }
{ - (15) - } { + (16) + } Subject to the applicable
provisions of ORS 183.310 to 183.550, to adopt reasonable rules
to carry out the provisions of ORS 675.010 to 675.150.
SECTION 13. ORS 677.228 is amended to read:
677.228. (1) A person's license to practice under this chapter
automatically lapses if the licensee fails to:
(a) Pay the registration fee as required by rule of the Board
of Medical Examiners for the State of Oregon.
(b) Notify the board of a change of location not later than the
30th day after such change.
{ + (c) Complete prior to payment of the registration fee
described in paragraph (a) of this subsection, or provide
documentation of previous completion of, if required by rule of
the board:
(A) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under section 1 of this 2001 Act; or
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(B) An equivalent pain management education program, as
determined by the board. + }
(2) If a license issued automatically lapses under this
section, the holder of the license shall not practice until the
conditions for which the license automatically lapsed no longer
exist.
(3) A person whose license has automatically lapsed under
subsection (1)(a) of this section is reinstated automatically
when the licensee pays the registration fee plus all late fees
then due.
(4) A person whose license has automatically lapsed under
subsection (1)(b) of this section is reinstated automatically if
the board receives notification of the current and correct
address of the licensee not later than the 10th day after such
automatic lapse takes effect. Otherwise the lapse continues until
terminated by the board.
{ + (5) A person whose license has automatically lapsed under
subsection (1)(c) of this section is reinstated automatically
when the board receives documentation of the person's completion
of a pain management education program if required by subsection
(1)(c) of this section. + }
SECTION 14. ORS 677.510 is amended to read:
677.510. (1) A person licensed to practice medicine under this
chapter shall not use the services of a physician assistant
without the prior approval of the Board of Medical Examiners. The
application shall state the name of the physician assistant,
describe the manner and extent to which the physician assistant's
services would be used and supervised, state the education,
training and experience of the physician assistant and provide
such other information in such a form as the board may require.
(2) The board may approve or reject an application, or it may
modify the proposed use of the services of the physician
assistant and approve the application as modified. Approval shall
be valid for no more than one year but may be renewed annually.
When it appears to the board that the services of a physician
assistant are being used in a manner inconsistent with the
approval granted, the board may withdraw its approval. If a
hearing is requested by the physician or the physician assistant
upon the rejection of an application, or upon the withdrawal of
an approval, a hearing shall be conducted in accordance with ORS
677.200.
(3) The supervising physician may have a different specialty
from the physician assistant. A physician assistant may be
supervised by no more than four physicians. A physician may
supervise two physician assistants. However, in population groups
federally designated as underserved, or in geographic areas of
the state that are federally designated health professional
shortage areas, federally designated medically underserved areas
or areas designated as medically disadvantaged and in need of
primary health care providers by the Director of Human Services
or the Office of Rural Health, a physician may supervise four
physician assistants. The board may review and approve
applications from physicians serving federally designated
underserved populations, or physicians in federally designated
health professional shortage areas, federally designated
medically underserved areas or areas designated as medically
disadvantaged and in need of primary health care providers by the
Director of Human Services or the Office of Rural Health to
supervise more than four physician assistants, and applications
from physician assistants to be supervised by more than four
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physicians. A physician assistant may render services in an
emergency room and other hospital settings, a nursing home, a
corrections institution and any site included in the practice
description.
(4) A licensed physician assistant may make application to the
board for emergency drug dispensing authority. The board shall
consider the criteria adopted by the Physician Assistant
Committee under ORS 677.545 (4) in reviewing the application.
Such emergency dispensing shall be of drugs prepared or
prepackaged by a licensed pharmacist, manufacturing drug outlet
or wholesale drug outlet authorized to do so under ORS chapter
689.
{ + (5) Notwithstanding subsection (2) of this section, the
board may not renew approval for use of the services of a
physician assistant unless the physician assistant completes
prior to the application for renewal, or provides documentation
of previous completion of:
(a) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under section 1 of this 2001 Act; or
(b) An equivalent pain management education program, as
determined by the board. + }
SECTION 14a. { + If Senate Bill 569 becomes law, section 14 of
this 2001 Act (amending ORS 677.510) is repealed and ORS 677.510,
as amended by sections 1 and 2, chapter 743, Oregon Laws 2001
(Enrolled Senate Bill 569), is amended to read: + }
677.510. (1) A person licensed to practice medicine under this
chapter shall not use the services of a physician assistant
without the prior approval of the Board of Medical Examiners. The
application shall state the name of the physician assistant,
describe the manner and extent to which the physician assistant's
services would be used and supervised, state the education,
training and experience of the physician assistant and provide
such other information in such a form as the board may require.
(2) The board may approve or reject an application, or it may
modify the proposed use of the services of the physician
assistant and approve the application as modified. When it
appears to the board that the services of a physician assistant
are being used in a manner inconsistent with the approval
granted, the board may withdraw its approval. If a hearing is
requested by the physician or the physician assistant upon the
rejection of an application, or upon the withdrawal of an
approval, a hearing shall be conducted in accordance with ORS
677.200.
(3) The supervising physician may have a different specialty
from the physician assistant. A physician assistant may be
supervised by no more than four physicians. A physician may
supervise two physician assistants. However, in population groups
federally designated as underserved, or in geographic areas of
the state that are federally designated health professional
shortage areas, federally designated medically underserved areas
or areas designated as medically disadvantaged and in need of
primary health care providers by the Director of Human Services
or the Office of Rural Health, a physician may supervise four
physician assistants. The board may review and approve
applications from physicians serving federally designated
underserved populations, or physicians in federally designated
health professional shortage areas, federally designated
medically underserved areas or areas designated as medically
disadvantaged and in need of primary health care providers by the
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Director of Human Services or the Office of Rural Health to
supervise more than four physician assistants, and applications
from physician assistants to be supervised by more than four
physicians. A physician assistant may render services in an
emergency room and other hospital settings, a nursing home, a
corrections institution and any site included in the practice
description.
(4) A licensed physician assistant may make application to the
board for emergency drug dispensing authority. The board shall
consider the criteria adopted by the Physician Assistant
Committee under ORS 677.545 (4) in reviewing the application.
Such emergency dispensing shall be of drugs prepared or
prepackaged by a licensed pharmacist, manufacturing drug outlet
or wholesale drug outlet authorized to do so under ORS chapter
689.
{ + (5) A physician assistant for whom an application under
subsection (1) of this section has been approved by the board on
or after the operative date of this section shall submit to the
board, within 24 months after the approval, documentation of
completion of:
(a) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under section 1 of this 2001 Act; or
(b) An equivalent pain management education program, as
determined by the board. + }
SECTION 15. ORS 678.101 is amended to read:
678.101. { + (1) + } Every person licensed to practice nursing
shall apply for renewal of the license other than a limited
license in every second year before 12:01 a.m. on the anniversary
of the birthdate of the person in the odd-numbered year for
persons whose birth occurred in an odd-numbered year and in the
even-numbered year for persons whose birth occurred in an
even-numbered year. Persons whose birthdate anniversary falls on
February 29 shall be treated as if the anniversary were March 1.
{ + (2) + } Each application shall be accompanied by a
nonrefundable renewal fee payable to the Oregon State Board of
Nursing.
{ + (3) The board may not renew the license of a person
licensed to practice nursing unless:
(a) The requirements of subsections (1) and (2) of this section
are met; and
(b) Prior to payment of the renewal fee described in subsection
(2) of this section the applicant completes, or provides
documentation of previous completion of:
(A) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under section 1 of this 2001 Act; or
(B) An equivalent pain management education program, as
determined by the board.
(4) + } The license of any person not { - submitting,
personally or by appropriately postmarked letter, the application
and renewal fee before 12:01 a.m. on the proper date of the
appropriate year - } { + renewed for failure to comply with
subsections (1) to (3) of this section + } is expired and the
person shall be considered delinquent and { - shall be - }
{ + is + } subject to the delinquent fee specified in ORS
678.410.
{ + (5) + } A registered nurse who has been issued a
certificate as a nurse practitioner shall apply, personally or by
appropriately postmarked letter, for renewal of the certificate
Enrolled Senate Bill 885 (SB 885-C) Page 7
and for renewal of the prescriptive privileges in every second
year before 12:01 a.m. on the anniversary of the birthdate, as
determined for the person's license to practice nursing.
SECTION 16. ORS 684.092 is amended to read:
684.092. (1) Except as provided in subsection (2) of this
section, a chiropractic physician submitting a fee under ORS
684.090 shall, at the same time, submit satisfactory evidence of
the successful completion of 20 or more hours of approved
continuing chiropractic education during the preceding 12-month
period { + and completion, or documentation of previous
completion, of:
(a) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under section 1 of this 2001 Act; or
(b) An equivalent pain management education program, as
determined by the board + }.
(2) The State Board of Chiropractic Examiners may exempt a
chiropractic physician from the requirements of subsection (1) of
this section upon an application by the chiropractic physician
showing by evidence satisfactory to the board that the
chiropractic physician is unable to comply with the requirements
because of unusual or extenuating circumstances or because no
program has been approved by the board.
SECTION 17. ORS 685.102 is amended to read:
685.102. (1) Except as provided in subsections (2) and (5) of
this section, each person holding a license under this chapter
shall submit annually by December 31, evidence satisfactory to
the Board of Naturopathic Examiners of successful completion of
an approved program of continuing education of at least 20 hours
in naturopathic medicine, completed in the calendar year
preceding the date on which the evidence is submitted { + , and
completion during the renewal period, or documentation of
previous completion, of:
(a) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under section 1 of this 2001 Act; or
(b) An equivalent pain management education program, as
determined by the board + }.
(2) The board may exempt any person holding a license under
this chapter from the requirements of subsection (1) of this
section upon application showing evidence satisfactory to the
board of inability to comply with the requirements because of
physical or mental condition or because of other unusual or
extenuating circumstances. However, no person shall be exempted
from the requirements of subsection (1) of this section more than
once in any five-year period.
(3) Notwithstanding subsection (2) of this section, a person
holding a license under this chapter may be exempted from the
requirements of subsection (1) of this section upon application
showing evidence satisfactory to the board that the applicant is
or will be in the next calendar year at least 70 years of age and
is retired or will retire in the next calendar year from the
practice of naturopathic medicine.
(4) The board shall require licensees to obtain continuing
education for the use of pharmacological substances for
diagnostic, preventive and therapeutic purposes in order to
maintain current licensure.
(5) A person whose license is in inactive status must submit by
December 31 of each year evidence satisfactory to the board of
Enrolled Senate Bill 885 (SB 885-C) Page 8
completion of 10 hours of approved continuing education in the
year preceding the date on which the evidence is submitted.
(6) Notwithstanding subsections (1), (2) and (5) of this
section, in the case of an applicant under ORS 685.100 (4)(b) for
reactivation of an inactive license, the continuing education
requirement for reactivation shall be set by rule of the board.
SECTION 18. { + Sections 10, 11 and 11a of this 2001 Act and
the amendments to ORS 675.110, 677.228, 677.510, 678.101, 684.092
and 685.102 by sections 12 to 17 of this 2001 Act become
operative on January 2, 2006. + }
----------
Passed by Senate June 4, 2001
Repassed by Senate July 5, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 5, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 885 (SB 885-C) Page 9
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 885 (SB 885-C) Page 10