Chapter 327
AN ACT
SB 206
Relating to regulation of naturopathic medicine; amending ORS 685.060,
685.070, 685.080, 685.100, 685.102, 685.104 and 685.170.
Be It Enacted by the People of
the State of
SECTION 1. ORS 685.060 is amended to read:
685.060. (1) The minimum educational requirements for a 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
accredited naturopathic school or college.
(2)(a) The [studies] areas of study required
of [the] an 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] basic sciences, clinical sciences and any naturopathic
subjects [as] specified by the
Board of Naturopathic Examiners [may
require, except major surgery, with a total of not less than 4,000 lecture or
recitation hours] by rule.
(b) The board may not
include major surgery as a required area of study under paragraph (a) of this
subsection.
SECTION 2. ORS 685.070 is amended to read:
685.070. Any person who
wishes to practice naturopathic medicine in this state shall make application
to the Board of Naturopathic Examiners for an examination for a license to
practice naturopathic medicine. The application shall be filed with the board
not less than [10] 20 days
before the date of the examination upon blanks provided by the board. The
applicant shall pay to the board the appropriate nonrefundable examination fee.
SECTION 3. ORS 685.080 is amended to read:
685.080. (1) [For the purpose of determining the
qualifications of applicants for license under this chapter, the Board of
Naturopathic Examiners shall hold meetings and conduct examinations
of applicants for licenses at such time and places and under such rules as a
majority of the board may determine. The time and place of holding such an
examination shall be published at least 30 days prior to the date of the
examination.] An applicant for licensure under this chapter shall:
(a) Provide evidence
satisfactory to the Board of Naturopathic Examiners of having successfully
passed the basic science and the core clinical science examinations
administered by the North American Board of Naturopathic Examiners; and
(b) Pass any additional
examinations required for licensure by the Board of Naturopathic Examiners by
rule.
[(2) At the time and place the board has previously designated, the
applicant shall appear before the board to be examined as to the fitness of the
applicant to practice naturopathic medicine. The examination shall be in
writing and embrace and be restricted to the subjects listed in ORS 685.060.]
(2) Notwithstanding
subsection (1)(a) of this section, the board may waive
the basic science examination requirement for licensure for an applicant who is
qualified in basic science as a result of successful performance on an
examination determined by the board to be comparable to the basic science
examination required under subsection (1)(a) of this section and to have been
taken recently enough to ensure the currency of the applicant’s knowledge.
(3) At a time and place
designated by the board, an applicant for licensure shall take any examinations
required by the board by rule. The board shall publish the time and place of
the examinations at least 30 days prior to the date of the examinations.
[(3)] (4) If the applicant passes the [examination] required examinations and satisfies all other
requirements for licensure under this chapter, upon payment of the [appropriate] initial license fee
assessed under ORS 685.100, the board shall issue to [such] the applicant a license to practice naturopathic
medicine.
[(4)] (5) If an applicant fails to pass either the basic
science or core clinical science section of the examination,
or fails to pass the sections of the examination covering those subjects
required by the board by rule, then without losing credits for [subjects] sections passed, the
applicant shall be permitted to retake each [subject] section a total of two times within a period of two
years. If, after three attempts, the applicant has not passed the [entire] basic science or core
clinical science section of the examination, the applicant shall be
required to wait one year and retake the [complete]
section.
[(5) The board may waive the basic science portion of its own
examination for an applicant whom it declares qualified in basic science as a
result of successful performance on a comparable examination, taken recently
enough to assure the currency of the applicant’s knowledge. In such cases, the
board shall determine the necessary comparability through evaluation of both
examination content and testing procedures, and shall determine the appropriate
qualifying score for waiver regardless of any nominal passing score.]
SECTION 4. ORS 685.100 is amended to read:
685.100. (1) Upon [receipt] approval of an
application for a [license]
licensure, [accompanied by the
appropriate fee,] the Board of Naturopathic Examiners shall issue [to the applicant] a license certificate[. The certificate shall, at all times, be
displayed] that shall be displayed at all times in the office of the
person to whom it was issued while the license is active [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] active license renewal
fee established by the board under subsection (8) of this section.
(3) Failure to submit a
completed renewal application annually 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.
(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.
(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]
renewal fee for an active license and demonstrating compliance with ORS 685.102.
A fee paid to place the license in inactive status shall not be credited toward
payment of the [biennial] renewal fee
for an active license. The board may prorate the [biennial] 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] 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] renewal fee.
(7) The [secretary] executive director of
the board shall [notify] issue a
renewal notice to each person holding a license under this chapter [that the registration application and fee
are due] by the first day of November of each year.
(8) The board shall
assess fees for:
(a) An initial license.
(b) Examination.
(c) Renewal of [a biennial] an active 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.
(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 5. 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 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] a
person [shall] may not 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 calendar 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 (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 685.104 is amended to read:
685.104. (1) The Board
of Naturopathic Examiners shall refuse to issue the certificate of [biennial] registration to any person
holding a license under this chapter who fails to submit with any fees due
the [registration fee] proof required
under ORS 685.102, unless [it] the
board has exempted the person from the requirements of ORS 685.102 (1). The
board shall return [the biennial
registration fee to the person] any fees submitted by a person that
fails to submit proof required under ORS 685.102 or that fails to submit all
fees due.
(2) After January 1 of
any year, the board may issue a certificate of [biennial] registration to any holder of a license under this
chapter who had been refused such certificate under subsection (1) of this
section upon submission of the evidence required under ORS 685.102 (1),
accompanied by the required [registration
fees] license renewal fee for each year the [registration] fee remains unpaid and a restoration fee of $75 for
each year the license remains revoked.
(3) If the person
completes an approved program after January 1 to meet the requirements of ORS
685.102 for the year beginning January 1, such completion does not meet the
requirements of ORS 685.102 for the subsequent year.
SECTION 7. ORS 685.170 is amended to read:
685.170. Annually,
the Board of Naturopathic Examiners shall elect one of its members chair. The
chair shall have power during the term of office to summon witnesses,
administer oaths and [to] take
testimony and affidavits. The [staff]
executive director of the board or a designee of the executive
director shall keep a record of all actions of the board, including a
detailed register of applicants for a license. The board [may] shall
employ or appoint a person to act as [staff
to] executive director of the board and perform such duties and
functions as may be prescribed by the board.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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