72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 163
 
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)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to disciplinary authority of Board of Naturopathic
  Examiners; amending ORS 685.110.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. 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,  { + may issue a letter of
reprimand and + }
  { - 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.
  (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 { +  for the treatment
of a mental disease that affects the ability of the applicant or
licensee to safely practice naturopathic medicine + }.
  (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 conduct or practice contrary to a recognized standard
of ethics of the profession or any conduct or practice that does
or might constitute a danger to the health or safety of a patient
or the public or any conduct, practice or condition that does or
 
 
 
Enrolled Senate Bill 163 (SB 163-INTRO)                    Page 1
 
 
 
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 that is contrary to
recognized standards of practice of the naturopathic profession.
  (17) Failure to notify the board  { + within 30 days + } of a
change in the location of practice { +  or of mailing
address + }.
  (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.
  (19) Suspension or revocation of a license to practice
naturopathic medicine in another jurisdiction.
  (20) Employing unlicensed persons to practice naturopathic
medicine.
  (21) Practicing natural childbirth without first obtaining a
certificate of special competency.
  (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) - }   { + (23) + } Failure to respond in a timely
manner to a request for information   { - from - }
 { + regarding a complaint or the investigation of a complaint
by + } the board.
    { - (25) - }   { + (24) + } Failure to pay a civil penalty in
the time specified by the order imposing the penalty.
    { - (26) - }   { + (25) + } Violation of any provision of
this chapter or rules adopted by the board.
                         ----------
 
 
Passed by Senate February 6, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 9, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 163 (SB 163-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 163 (SB 163-INTRO)                    Page 3