Chapter 154 Oregon Laws 2003

AN ACT

SB 162

Relating to naturopathic medicine; amending ORS 685.010, 685.060, 685.100, 685.102 and 685.170.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 685.010 is amended to read:

685.010. As used in this chapter:

(1) [“Approved] “Accredited naturopathic school or college” means any naturopathic school or college offering a four-year full-time resident program of study in naturopathy leading to a doctoral degree in naturopathic medicine, such program having been approved by the board to meet the standards specifically incorporated into board rules.

(2) “Board” means the Board of Naturopathic Examiners.

(3) “Drugs” means all medicines and preparations and all substances, except nonpoisonous plant or animal substances in therapeutic dosages, food and water, substances listed on the formulary established under ORS 685.145 (3), over-the-counter substances, nonprescriptive and non Drug Enforcement Agency regulated homeopathic substances and nutritional supplements, used or intended to be used for the diagnosis, cure, treatment, mitigation or prevention of diseases or abnormalities of humans, which are recognized in the latest editions of the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia, official National Formulary, or any supplement to any of them, or otherwise established as drugs.

(4) “Minor surgery” means the use of electrical or other methods for the surgical repair and care incident thereto of superficial lacerations and abrasions, benign superficial lesions, and the removal of foreign bodies located in the superficial structures; and the use of antiseptics and local anesthetics in connection therewith.

(5) “Naturopathic medicine” means the discipline that includes physiotherapy, natural healing processes and minor surgery and has as its objective the maintaining of the body in, or of restoring it to, a state of normal health.

(6) “Nonpoisonous” means a substance taken in accepted therapeutic dosage that by its action on organs or tissue does not adversely impair function or destroy human life.

(7) “Plant or animal substances” means those substances found in nature that comprise the whole or parts of plants or animals and constituents thereof and that have not had changes made in their molecular structure as found in nature.

SECTION 2. ORS 685.060 is amended to read:

685.060. (1) The minimum educational requirements for license under the provisions of this chapter shall be:

(a) At least two years’ satisfactory liberal arts and sciences study, or either, in a college or university accredited by either the Northwest Association of Schools and Colleges or a like regional association or in a college or university in Oregon approved for granting degrees by the Oregon Student Assistance Commission as evidenced by certificate or transcript of credits from the college or university; and

(b) Graduation from an [approved] accredited naturopathic school or college.

(2) The studies required of the applicant for a license to practice naturopathic medicine in this state shall include anatomy, histology, embryology, physiology, chemistry, pathology, bacteriology, public health and hygiene, toxicology, obstetrics and gynecology, diagnosis, theory, practice and philosophy of naturopathic medicine, electrotherapy, hydrotherapy, physiotherapy, clinics, eye-ear-nose-throat, minor surgery, first aid, herbology, proctology, dietetics, jurisprudence, and such other naturopathic subjects as the Board of Naturopathic Examiners may require, except major surgery, with a total of not less than 4,000 lecture or recitation hours.

SECTION 3. 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)] (1) Upon receipt of an application for [registration] a license, accompanied by the [registration] appropriate fee, the Board of Naturopathic Examiners shall issue to the applicant a license 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.

(2) A person holding an active license issued under this chapter may apply to the board for license renewal. A completed renewal application consists of:

(a) A completed board renewal form containing any information required by the board to determine the applicant’s eligibility for license renewal;

(b) Proof of compliance with continuing education requirements set by the board; and

(c) Payment of the biennial license renewal fee established by the board under subsection (8) of this section.

(3) Failure to submit a completed renewal application by December 31 shall result in the lapse of the license. A lapsed license may be restored by the board upon receipt, by January 31, of a completed renewal application and payment of the restoration fee under subsection (8) of this section.

(4) A license that has lapsed for more than one month may be restored by the board upon payment of the restoration fee established by the board and submission of a completed renewal application and any other information required by the board.

[(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.]

(5) A person holding an active license under this chapter may convert the license to inactive status by meeting the requirements set by rule of the board and paying any required fees. A person holding a license issued under this chapter who is at least 70 years of age and retired from the practice of naturopathic medicine may convert the license to retired status by meeting the requirements set by rule of the board and paying any required fees.

[(4)(a)] (6)(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] renewal 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] renewal fee for an active license. The board may prorate the biennial [registration] renewal 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] renewal 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] renewal fee.

[(5)] (7) The secretary of the board shall notify each person holding a license under this chapter that the registration application and fee are due.

[(6)] (8) The board shall assess fees for:

(a) An initial license.

(b) Examination.

(d) Yearly renewal of an inactive or retired license.

(e) Restoration of an inactive, lapsed or revoked license.

(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)] (9) 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 4. 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] 25 hours in naturopathic medicine, completed in the calendar year preceding the date on which the evidence is submitted.

(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 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)] (6)(b) for reactivation of an inactive license, the continuing education requirement for reactivation shall be set by rule of the board.

SECTION 5. ORS 685.102, as amended by section 17, chapter 987, Oregon Laws 2001, is amended to read:

(a) A pain management education program approved by the board and developed in conjunction with the Pain Management Commission established under ORS 409.500; or

(b) An equivalent pain management education program, as determined by the board.

SECTION 6. ORS 685.170 is amended to read:

685.170. Annually the Board of Naturopathic Examiners shall elect one of its members [president who] chair. The chair shall have power during the term of office to summon witnesses, administer oaths and to take testimony and affidavits[, certifying thereto, under the president’s hand and the seal of the board]. The staff of the board shall keep a record of all actions of the board, including a detailed register of applicants for license. The board may employ or appoint a person to act as staff to the board [who shall] and perform such duties and functions as may be prescribed by the board.

Approved by the Governor May 30, 2003

Filed in the office of Secretary of State June 2, 2003

Effective date January 1, 2004

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