Chapter 726 Oregon Laws 2005

AN ACT

HB 2058

Relating to health-related licensing boards; creating new provisions; amending ORS 97.931, 97.948, 293.110, 409.320, 432.312, 675.330, 675.336, 678.810, 678.830, 681.480, 685.201, 686.170, 686.246, 688.585, 688.915, 689.135, 689.445, 689.832, 689.854, 691.565 and 692.375; repealing ORS 681.470 and section 17, chapter 736, Oregon Laws 1999; appropriating money; and declaring an emergency.

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

SECTION 1. ORS 692.375 is amended to read:

692.375. The State Mortuary and Cemetery Board Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the [Department of Human Services] State Mortuary and Cemetery Board under this chapter shall be paid into the [General Fund in the State Treasury and placed to the credit of the Public Health] account[. The moneys] and are appropriated continuously [and shall] to be used only for the administration and enforcement of this chapter, for the administration and enforcement of ORS 97.931 and for the purpose of education of funeral service practitioners and embalmers. Any interest or other income from moneys in the account shall be credited to the account.

SECTION 2. ORS 97.931 is amended to read:

97.931. (1) A salesperson may not engage in prearrangement sales made by endowment care cemeteries under ORS 97.929 or in preconstruction sales or prearrangement sales unless the salesperson is registered with the State Mortuary and Cemetery Board or holds a current funeral service practitioner license, embalmer license, funeral service practitioner apprentice registration or embalmer apprentice registration. The board by rule shall:

(a) Establish procedures for issuing salesperson registrations under this subsection;

(b) Establish standards for determining whether a salesperson registration should be issued;

(d) Require biennial renewal of salesperson registrations.

(2) The [State Mortuary and Cemetery] board may conduct a background check of any salesperson applying for registration under subsection (1) of this section. The background check may include information solicited from the Department of State Police. After consideration of information obtained from any background check and any other information in its possession, the [State Mortuary and Cemetery] board shall determine whether to register the salesperson.

(3)(a) The [State Mortuary and Cemetery] board may impose a civil penalty of up to $1,000 per violation or suspend, revoke or refuse to issue or renew the registration of a salesperson described in subsection (1) of this section upon a determination that the applicant or holder has not complied with the provisions of ORS 97.923 to 97.949 or ORS chapter 692, or any rules adopted thereunder. When the board proposes to take such action, the person affected by the action shall be accorded notice and an opportunity for hearing as provided by ORS chapter 183. The board shall notify the Director of the Department of Consumer and Business Services of its intent to take action against a salesperson or person acting as a salesperson.

(b) The board shall suspend, revoke or refuse to issue or renew the registration of a salesperson if the director requests the board to take such action.

(4) Fees and other moneys received by the [State Mortuary and Cemetery] board under this section shall be [paid into the General Fund and placed to the credit of the Public Health Account] deposited into the State Mortuary and Cemetery Board Account established in ORS 692.375.

SECTION 3. ORS 432.312 is amended to read:

432.312. (1) The Department of Human Services shall impose and collect a filing fee of $7 for each certificate of death [to be deposited to the credit of the Public Health Account]. Of the fee, $2 shall be deposited to the credit of the Public Health Account and used to carry out the purposes of ORS 97.170 (5) and $5 shall be deposited to the credit of the State Mortuary and Cemetery Board Account and used in the same manner as funds credited to the account under ORS 692.375.

(2) The expenditures under ORS 97.170 (5) and 692.375 shall not exceed the funds collected under subsection (1) of this section, and in no event shall expenditure on the administration of the funds exceed five percent of the moneys collected.

SECTION 4. ORS 97.948 is amended to read:

97.948. (1) The Director of the Department of Consumer and Business Services may discipline as provided in this section any certified provider or master trustee, or person acting as a certified provider or master trustee without a certification or registration, who has been found by an audit or examination conducted by the director to be:

(a) [To be] In violation of one or more of the provisions of ORS 97.923 to 97.949;

(b) [To be] Insolvent because the certified provider’s or master trustee’s liabilities exceed the certified provider’s or master trustee’s assets;

(d) [The certified provider or master trustee is] In such financial condition that the certified provider, [or] master trustee or person acting as a certified provider or master trustee without a certification or registration cannot adequately protect the interests of the customers of the certified [provider’s or master trustee’s customers] provider, master trustee or the person acting as a certified provider or master trustee without a certification or registration.

(2) In disciplining a certified provider, master trustee or person acting as a certified provider or master trustee without a certification or registration as authorized by subsection (1) of this section, the director may take any or all of the following actions:

(a) Impose probation.

(b) Suspend the certificate or registration.

(d) Place limitations on the certificate or registration.

(e) Refuse to issue or renew a certificate or registration.

(f) Take such other disciplinary action as the director in the director’s discretion finds proper, including assessment of the costs of the investigation and disciplinary proceedings and assessment of a civil penalty not to exceed $10,000 per violation.

(3) If the certificate or registration of a certified provider or master trustee is suspended under this section, the holder of the certificate or registration may not engage in the activities allowed by the certificate or registration during the term of suspension. Upon the expiration of the term of suspension, the director shall reinstate the certificate or registration if the conditions for which the certificate or registration was suspended no longer exist.

(4) The director shall enter each case of disciplinary action on the records of the Department of Consumer and Business Services.

(5) Civil penalties under this section may be imposed as provided in ORS 183.745.

(6) If the director takes disciplinary action under this section, the director may send a notice of the action to the State Mortuary and Cemetery Board and to the Attorney General.

SECTION 4a. If Senate Bill 120 becomes law, section 4 of this 2005 Act (amending ORS 97.948) is repealed.

SECTION 5. ORS 691.565 is amended to read:

691.565. (1) The Board of Examiners of Licensed Dietitians Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the [Department of Human Services] Board of Examiners of Licensed Dietitians under ORS 691.405 to 691.585 shall be deposited into the [General Fund and placed to the credit of the department, and such moneys shall] account and are continuously appropriated to the board to be used only for the administration and enforcement of ORS 691.405 to 691.585. Any interest or other income from moneys in the account shall be credited to the account.

(2) All fines collected or received for violations of or prosecutions under ORS 691.405 to 691.585 shall be paid into the [General Fund and placed for the credit of the Public Health] account[, and such moneys shall be continuously appropriated] and used only for the administration and enforcement of ORS 691.405 to 691.585.

SECTION 6. ORS 685.201 is amended to read:

685.201. The Board of Naturopathic Examiners Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the [Department of Human Services] Board of Naturopathic Examiners under this chapter shall be [paid into the General Fund in the State Treasury and placed to the credit of the Public Health Account and such moneys hereby are appropriated continuously and shall] deposited into the account and are continuously appropriated to the board to be used only for the administration and enforcement of this chapter. Any interest or other income from moneys in the account shall be credited to the account.

SECTION 7. ORS 678.830 is amended to read:

678.830. (1) The Board of Examiners of Nursing Home Administrators Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the [Department of Human Services] Board of Examiners of Nursing Home Administrators under ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990 (2) shall be [paid into the General Fund in the State Treasury and placed to the credit of the Public Health Account and such moneys hereby are appropriated continuously and shall] deposited into the account and are continuously appropriated to the board to be used only for the administration of ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990 (2) and the rules of the board adopted thereunder and the provisions of ORS 441.015 to 441.063 and the rules for nursing homes adopted by the Department of Human Services thereunder. Any interest or other income from moneys in the account shall be credited to the account.

(2) If a license is denied under ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990 (2), 50 percent of the fee for the license shall be refunded to the applicant. No portion of an examination fee is refundable.

SECTION 8. ORS 678.810 is amended to read:

678.810. (1) The Board of Examiners of Nursing Home Administrators shall hold at least two meetings each year. At any meeting a majority of the members of the board shall constitute a quorum for the transaction of business.

(2) The board shall elect annually from its membership a chairperson and a vice chairperson.

[(3) The Director of Human Services or a representative appointed by the director from the staff of the Department of Human Services shall serve without voting rights as secretary to the board. The secretary shall keep a record of the transactions of the board and have custody of the records, documents and other property belonging to it.]

[(4) At the direction of the board, all other ministerial functions associated with carrying on the duties, functions and powers of the board, including, but not limited to, secretarial, clerical, investigative and fiscal shall be performed by the secretary or under the direction of the secretary by employees of the department.]

SECTION 9. Section 10 of this 2005 Act is added to and made a part of ORS chapter 689.

SECTION 10. The State Board of Pharmacy Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the State Board of Pharmacy shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board. Any interest or other income from moneys in the account shall be credited to the account.

SECTION 11. ORS 689.135 is amended to read:

689.135. (1) The State Board of Pharmacy shall have such other duties, powers and authority as may be necessary to the enforcement of this chapter and to the enforcement of board rules made pursuant thereto, which shall include, but are not limited to, the following:

(a) Cause to have printed and circulated annually copies of any changes in the laws relating to pharmacy, controlled substances, drugs and poisons and the rules adopted to enforce such laws, and set reasonable charges therefor.

(b) Appoint advisory committees.

(2) The board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board.

(3) In addition to any statutory requirements, the board may require such surety bonds as it deems necessary to guarantee the performance and discharge of the duties of any officer or employee receiving and disbursing funds.

(4) The executive director of the board shall keep the seal of the board and shall affix it only in such manner as may be prescribed by the board.

(5) The board shall determine within 30 days prior to the beginning of each state fiscal year the fees to be collected for:

(a) Examinations and reexaminations, which fee shall not exceed $400.

(b) Pharmacist licenses, which fee shall not exceed $250.

(d) Intern license, which fee shall not exceed $50.

(e) Duplicate pharmacist certificate, which fee shall not exceed $50.

(f) Pharmacist license, delinquent renewal fee, which fee shall not exceed $50.

(g) Certification of approved providers of continuing education courses, which fee shall not exceed $300.

(h) Registration of drug outlets other than pharmacies and renewal of registration, which fee shall not exceed $500.

(i) Initial pharmacy or institutional drug outlet, which fee shall not exceed $300.

(j) Annual pharmacy or institutional drug outlet, which fee shall not exceed $300.

(k) Pharmacy or institutional drug outlet delinquent renewal fee, which fee shall not exceed $200.

(L) Nonprescription drug outlets, which fee shall not exceed $50.

(m) Nonprescription drug outlet delinquent renewal fee, which fee shall not exceed $50.

(n) Reinspection fee, which fee shall not exceed $100.

(o) Drug outlets, other than pharmacies or institutional drug outlets, delinquent renewal fee, which fee shall not exceed $100.

(6) All moneys collected either as costs or fines under ORS 435.010 to 435.130, 453.175, 453.185 and 453.990 and this chapter shall be paid by the magistrate or other officer receiving them to the treasurer of the county where the prosecution is conducted. These moneys shall be applied, first, to the payment of the costs of such prosecution[;]. The remainder shall be paid by the county treasurer [to the General Fund in] into the State Treasury and, in the case of:

(a) All moneys except criminal fines, placed to the credit of the [Public Health Account and such moneys hereby are appropriated continuously and shall] State Board of Pharmacy Account established in section 10 of this 2005 Act to be used only for the administration and enforcement of ORS 435.010 to 435.130 and this chapter.

(b) Criminal fines, placed to the credit of the Criminal Fine and Assessment Account.

(7) Except as provided in subsection (6) of this section, all moneys received [by the Department of Human Services] under ORS 435.010 to 435.130, 453.185 and 453.990 and this chapter shall be paid into the [General Fund in the] State Treasury and placed to the credit of the [Public Health] State Board of Pharmacy Account [and such moneys hereby are appropriated continuously and shall] to be used only for the administration and enforcement of ORS 435.010 to 435.130 and this chapter.

(8) The board may receive and expend funds, in addition to its [annual] biennial appropriation, from parties other than the state, provided:

(a) Such moneys are awarded for the pursuit of a specific objective which the board is authorized to accomplish by this chapter, or which the board is qualified to accomplish by reason of its jurisdiction or professional expertise;

(b) Such moneys are expended for the pursuit of the objective for which they are awarded;

(c) Activities connected with or occasioned by the expenditures of such funds do not interfere with or impair the performance of the board’s duties and responsibilities and do not conflict with the exercise of the board’s powers as specified by this chapter;

(d) Such moneys are kept in a separate, special state account; and

(e) Periodic reports are made to the Governor concerning the board’s receipt and expenditure of such moneys.

(9) The board may assign to each drug outlet under its jurisdiction, a uniform state number, coordinated where possible with all other states which adopt the same uniform numbering system.

(10) The board or its authorized representatives shall also have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules of the board.

(11) The president and vice president of the board may administer oaths in connection with the duties of the board.

(12) The books, registers and records of the board as made and kept by the executive director or under the supervision of the executive director, subject to the direction of the board, shall be prima facie evidence of the matter recorded therein, in any court of law.

(13) The board may administer oaths, issue notices and subpoenas in the name of the board, enforce subpoenas in the manner authorized by ORS 183.440, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter.

(14)(a) Notwithstanding anything in this chapter to the contrary, whenever a duly authorized representative of the board finds or has probable cause to believe that any drug or device is adulterated, misbranded or a new drug, as defined in Section 201(p) of the Federal Food, Drug and Cosmetic Act, for which there is no approval in effect pursuant to Section 505(b) of the federal Act nor an approved notice of claimed investigational exemption pursuant to Section 505(i) of the federal Act, or otherwise rendered unsafe for use as a result of fire, flood or other natural disaster, the representative shall affix to such drug or device a tag or other appropriate marking giving notice that such article is or is suspected of being adulterated, misbranded, or otherwise rendered unsafe and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until provision for removal or disposal is given by the board, its agent or the court. No person shall remove or dispose of such embargoed drug or device by sale or otherwise without the permission of the board or its agent or, after summary proceedings have been instituted, without permission from the court.

(b) When a drug or device detained or embargoed under paragraph (a) of this subsection has been declared by such representative to be adulterated, misbranded or a new drug, or rendered unsafe, the board shall, as soon as practical thereafter, petition the judge of the circuit court in whose jurisdiction the article is detained or embargoed for an order for condemnation of such article. If the judge determines that the drug or device so detained or embargoed is not adulterated or misbranded or rendered unsafe, the board shall direct the immediate removal of the tag or other marking.

(c) If the court finds the detained or embargoed drug or device is adulterated or misbranded or rendered unsafe, such drug or device, after entry of the judgment, shall be destroyed at the expense of the owner under the supervision of a board representative and all court costs and fees, storage and other proper expense shall be borne by the owner of such drug or device. When the adulteration or misbranding can be corrected by proper labeling or processing of the drug or device, the court, after entry of the judgment and after such costs, fees and expenses have been paid and a good and sufficient bond has been posted, may direct that such drug or device be delivered to the owner thereof for such labeling or processing under the supervision of a board representative. Expense of such supervision shall be paid by the owner. Such bond shall be returned to the owner of the drug or device on representation to the court by the board that the drug or device is no longer in violation of the embargo and the expense of supervision has been paid.

(d) It is the duty of the Attorney General to whom the board reports any violation of this subsection to cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. Nothing in this subsection shall be construed to require the board to report violations whenever the board believes the public’s interest will be adequately served in the circumstances by a suitable written notice or warning.

(15) Except as otherwise provided to the contrary, the board shall exercise all of its duties, powers and authority in accordance with ORS chapter 183.

SECTION 12. ORS 689.445 is amended to read:

689.445. (1) Upon the finding of the existence of grounds for discipline of any person holding a license, seeking a license or renewal of a license under the provisions of ORS 435.010 to 435.030, 475.125 and 475.135 and this chapter, the State Board of Pharmacy may impose one or more of the following penalties:

(a) Suspension of the offender’s license for a term to be determined by the board;

(b) Revocation of the offender’s license;

(c) Restriction of the offender’s license to prohibit the offender from performing certain acts or from engaging in the practice of pharmacy in a particular manner for a term to be determined by the board;

(d) Imposition of a civil penalty not to exceed $1,000 for each offense;

(e) Refusal to renew offender’s license; or

(f) Placement of the offender on probation and supervision by the board for a period to be determined by the board.

(2) Any person whose license issued pursuant to this chapter has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may in its discretion grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications. Pardon and restoration of civil rights to any person formerly licensed by the board does not obligate the board to restore revoked, restricted or suspended licenses.

(3) Nothing in this chapter shall be construed as barring criminal prosecutions for violations of ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.805, 475.940 to 475.999 and this chapter where such violations are deemed as criminal offenses in other statutes of this state or of the United States.

(4) Civil penalties under this section shall be imposed as provided in ORS 183.745.

(5) All penalties recovered under ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.805, 475.940 to 475.999 and this chapter shall be [paid into the State Treasury and credited to] deposited into the State Board of Pharmacy Account [in the Public Health Account] established in section 10 of this 2005 Act.

SECTION 13. ORS 689.832 is amended to read:

689.832. (1) In addition to any other liability or penalty provided by law, the State Board of Pharmacy may impose a civil penalty [of] not to exceed $1,000 for each violation on any person who violates [the provisions] any provision of this chapter or ORS chapter 475 or any rule of the board.

(2) All penalties recovered under this section shall be [paid into the State Treasury and credited to] deposited into the State Board of Pharmacy Account [in the Public Health Account] established in section 10 of this 2005 Act.

(3) Any civil penalty under this section shall be imposed in the manner provided in ORS 183.745.

(4) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the board.

SECTION 14. ORS 689.854 is amended to read:

689.854. (1) In addition to all other penalties provided by law every person who violates ORS 689.515 or any rule adopted thereunder may incur a civil penalty of up to $250 for every such violation.

(2) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the State Board of Pharmacy considers proper and consistent with the public health and safety.

(3) Civil penalties under this section shall be imposed as provided in ORS 183.745.

(4) Civil penalties recovered under this section shall be deposited into the State Board of Pharmacy Account established in section 10 of this 2005 Act.

SECTION 15. ORS 688.585 is amended to read:

688.585. (1) The Board of Radiologic Technology [Fund] Account is established in the [Public Health Account of the] State Treasury, separate and distinct from the General Fund. Except for moneys otherwise designated by statute, all fees, contributions and other moneys received by the Board of Radiologic Technology shall be paid into the State Treasury and credited to the account. All moneys in the account are continuously appropriated [continuously and shall] to the board to be used by the board for purposes of ORS 688.405 to 688.605. Any interest or other income from moneys in the account shall be credited to the account.

(2) The board shall keep a record of all moneys deposited in the account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program for which each withdrawal is charged.

SECTION 16. ORS 688.915 is amended to read:

688.915. (1) In addition to any other sanction authorized by law, the Board of Radiologic Technology may impose a civil penalty not to exceed $1,000 for any violation of ORS 688.405 to 688.605, or of any rules promulgated pursuant to those provisions. The penalty may be imposed whether or not the person incurring the penalty has been licensed or been issued a permit under ORS 688.405 to 688.605, or has made application for a license or permit under those sections. A civil penalty may be imposed in lieu of a refusal to grant or renew a license or permit, or a suspension or revocation of a license or permit, under ORS 688.525.

(2) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745.

(3) All penalties recovered under this section shall be credited to the Board of Radiologic Technology [Fund] Account established under ORS 688.585.

SECTION 17. ORS 681.470 is repealed.

SECTION 18. ORS 681.480 is amended to read:

681.480. The State Board of Examiners for Speech-Language Pathology and Audiology Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the [Department of Human Services] State Board of Examiners for Speech-Language Pathology and Audiology under this chapter shall be [paid into the Public Health Account in the General Fund in the State Treasury and such moneys hereby are appropriated continuously] deposited into the account and are continuously appropriated to the board for the administration and enforcement of this chapter. Any interest or other income from moneys in the account shall be credited to the account.

SECTION 18a. If House Bill 2065 becomes law, section 18 of this 2005 Act (amending ORS 681.480) is repealed and ORS 681.480, as amended by section 20, chapter 698, Oregon Laws 2005 (Enrolled House Bill 2065), is amended to read:

681.480. [(1)] The State Board of Examiners for Speech-Language Pathology and Audiology Account is established in the State Treasury, separate and distinct from the General Fund.

[(2)] All moneys received by the State Board of Examiners for Speech-Language Pathology and Audiology under this chapter shall be [paid] deposited into the [State Board of Examiners for Speech-Language Pathology and Audiology] account and are [appropriated] continuously appropriated to the board for the administration and enforcement of this chapter. Any interest or other income from moneys in the account shall be credited to the account.

SECTION 19. ORS 686.246 is amended to read:

686.246. The Oregon State Veterinary Medical Examining Board Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the [Department of Human Services] Oregon State Veterinary Medical Examining Board under this chapter shall be [paid into the General Fund in the State Treasury and placed to the credit of the Public Health Account and such moneys hereby are appropriated continuously and shall] deposited into the account and are continuously appropriated to the board to be used only for the administration and enforcement of this chapter. Any interest or other income from moneys in the account shall be credited to the account.

SECTION 20. ORS 293.110 is amended to read:

293.110. (1) All payments of money into the State Treasury by virtue of any statute providing for, creating, authorizing or continuing any of the funds and accounts enumerated in subsection (2) of this section shall be paid into and become a part of the General Fund.

(2) The following funds and accounts shall be a part of the General Fund:

(a) Forest Patrol Fund.

(b) Motor Vehicle Fund.

[(c) Oregon State Veterinary Medical Fund.]

[(d)] (c) State Institutional Betterment Fund.

[(e)] (d) Miscellaneous Receipts Account for the State Library.

[(f)] (e) State Library School Library Fund.

[(g)] (f) Administrative Services Economic Development Fund.

[(h)] (g) All other funds or accounts created by law that are specifically established in the law creating them as funds or accounts in the General Fund.

SECTION 21. ORS 686.170 is amended to read:

686.170. (1) The Oregon State Veterinary Medical Examining Board is authorized to appoint a committee of not less than three licensed, practicing veterinarians to investigate any charge made accusing any person of violating any of the provisions of this chapter, and to report to the board any facts concerning the charge, together with any recommendations the committee sees fit to make. No member of the committee shall reside in the same territory served by the accused person. The expenses of the committee shall be paid out of the Oregon State Veterinary Medical [Fund] Examining Board Account established in ORS 686.246.

(2) Upon receipt of a complaint under this chapter, the board and any committee shall conduct an investigation as described under ORS 676.165.

SECTION 22. ORS 675.330 is amended to read:

675.330. (1) The Occupational Therapy Licensing Board Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the [Department of Human Services] Occupational Therapy Licensing Board under ORS 675.210 to 675.340 shall be deposited into the [General Fund in the State Treasury and placed to the credit of the Department of Human Services, and such moneys hereby appropriated continuously and shall] account and are continuously appropriated to the board to be used only for the administration and enforcement of ORS 675.210 to 675.340 and 675.990 (2). Any interest or other income from moneys in the account shall be credited to the account.

(2) All civil penalties collected or received for violations of or in prosecutions under ORS 675.210 to 675.340 [and 675.990 (2)] shall be [paid] deposited into the [General Fund of the State Treasury and placed to the credit of the Public Health Account, and such moneys hereby are appropriated continuously and] Occupational Therapy Licensing Board Account and shall be used only for the administration and enforcement of ORS 675.210 to 675.340 [and 675.990 (2)].

(3) All fines collected or received for violations of or in prosecutions under ORS 675.210 to 675.340 and 675.990 (2) shall be forwarded to the Department of Revenue for deposit in the Criminal Fine and Assessment Account.

SECTION 23. ORS 675.336 is amended to read:

675.336. (1) In addition to any other liability or penalty provided by law, the Occupational Therapy Licensing Board may impose a civil penalty on a person who violates the provisions of ORS 675.210 to 675.340.

(2) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745.

(3) All penalties recovered under this section shall be paid into the [General Fund of the State Treasury and credited to the Public Health Account, and such moneys are appropriated continuously] Occupational Therapy Licensing Board Account established in ORS 675.330 and shall be used only for the administration and enforcement of ORS 675.210 to 675.340.

SECTION 24. ORS 409.320 is amended to read:

409.320. The Director of Human Services shall[:]

[(1)] require each licensing board in the Department of Human Services to maintain a register of the names and current addresses of all persons holding valid licenses, certificates of registration or other evidence of authority required to practice the occupation or profession, or operate the facility within the jurisdiction of such board and periodically, as the director may require, to file a copy of the register at the office of the department. Any board that is authorized or required to distribute a register described in this section may collect a fee to cover the costs of publication, such fee to be handled as other receipts of the board are handled.

[(2) In consultation with the licensing boards, designate a qualified person in the department as coordinator for the accounting and other processes of the licensing boards who shall be responsible for providing such services as the licensing boards may request.]

SECTION 25. Section 17, chapter 736, Oregon Laws 1999, is repealed.

SECTION 26. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect July 1, 2005.

Approved by the Governor August 17, 2005

Filed in the office of Secretary of State August 17, 2005

Effective date August 17, 2005

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