72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 547
 
                           A-Engrossed
 
                         Senate Bill 162
                Ordered by the Senate February 24
          Including Senate Amendments dated February 24
 
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 Theodore R.
  Kulongoski for the Board of Naturopathic Examiners)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires licensees of Board of Naturopathic Examiners to have
graduated from accredited naturopathic school or college.
Modifies requirements for license renewal. Increases number of
continuing education hours required for licensees.
 
                        A BILL FOR AN ACT
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.
  (c) Renewal of a biennial license.
  (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:
  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, 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 ORS 409.500; 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
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 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.
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