Chapter 434
AN ACT
SB 620
Relating to naturopathic physicians; amending ORS 685.010, 807.090 and
807.710.
Be It Enacted by the People of
the State of
SECTION 1. ORS 685.010 is amended to read:
685.010. As used in this
chapter:
(1) “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) “Naturopathic
physician” means a person who holds a degree of Doctor of Naturopathic Medicine
and is licensed under this chapter.
[(6)] (7) “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)] (8) “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 807.090 is amended to read:
807.090. (1) If the
Department of Transportation determines that a person may be ineligible for a
license because the person has a mental or physical condition or impairment
that affects the person’s ability to safely operate a motor vehicle, the person
may establish eligibility for a license, notwithstanding the mental or physical
condition or impairment:
(a) By personally
demonstrating to the satisfaction of the department that, notwithstanding the mental or physical condition or impairment, the person
is qualified to safely operate a motor vehicle; or
(b) If the department
reasonably believes that, notwithstanding the demonstration under paragraph (a)
of this subsection, the person’s mental or physical condition or impairment
affects the person’s ability to safely operate a motor vehicle, by obtaining a
certificate of eligibility from the State Health Officer under this section.
(2) The State Health
Officer shall issue to the department a certificate of eligibility required
under this section if an applicant for a certificate establishes to the
satisfaction of the State Health Officer that the person’s mental or physical
condition or impairment does not affect the person’s ability to safely operate
a motor vehicle. The State Health Officer shall use the following to establish
qualification for a certificate of eligibility under this subsection:
(a) A report from the
applicant’s physician, nurse practitioner or physician assistant of the
applicant’s condition or impairment.
(b) If the applicant’s
condition or impairment apparently involves only visual deficiencies, the
department may require an applicant to submit a report from a licensed
optometrist or a licensed physician who specializes in diagnosis and treatment
of diseases of the eye.
(c) The State Health
Officer may require an examination and a written report of findings and
recommendations from a physician, nurse practitioner or physician assistant
designated by the State Health Officer in addition to other reports submitted.
(3) If a person
establishes eligibility for a license under this section by obtaining a
certificate of eligibility, the department may require the person to
reestablish eligibility at reasonable intervals. The frequency of
reestablishing eligibility under this subsection shall be established by the
State Health Officer after reviewing recommendations from the physician, nurse
practitioner or physician assistant of the person required to reestablish
eligibility.
(4) The State Health
Officer may enter into an agreement with any physician, nurse practitioner or physician
assistant allowing the physician, nurse practitioner or physician assistant to
perform the duties assigned to the State Health Officer by this section.
(5) As used in this
section, “physician” means a person who holds a degree of Doctor of Medicine or
Doctor of Osteopathy and is licensed under ORS chapter 677 and a person who
holds a degree of Doctor of Naturopathic Medicine and is licensed under ORS
chapter 685.
SECTION 3. ORS 807.710 is amended to read:
807.710. (1) For the purposes of this section:
(a) “Physician” means a person
who holds a degree of Doctor of Medicine or Doctor of Osteopathy and
is licensed [to practice medicine by
the Board of Medical Examiners for the State of
(b) “Health care
provider” means a person licensed, certified or otherwise authorized or
permitted by the laws of this state to administer health care.
(2) In consultation with
medical experts and experts on cognitive or functional impairments, the
Department of Transportation shall adopt rules requiring reporting and:
(a) Designating
physicians and health care providers required to report to the department a
person whose cognitive or functional impairment affects that person’s ability
to safely operate a motor vehicle. If a designated physician or health care
provider makes a report to the department in good faith, that person shall be
immune from civil liability that might otherwise result from making the report.
If a designated physician or health care provider does not make a report, that
person shall be immune from civil liability that might otherwise result from
not making the report.
(b) Designating the
cognitive or functional impairments that are likely to affect a person’s
ability to safely operate a motor vehicle.
(3) Determinations
regarding a person’s ability to safely operate a motor vehicle may not be based
solely on the diagnosis of a medical condition or cognitive or functional
impairment, but must be based on the actual effect of that condition or
impairment on the person’s ability to safely operate a motor vehicle.
(4) Reports required by
the department under this section shall be upon forms prescribed or provided by
the department. Each report shall include the person’s name, address, date of birth, sex and a description of how the person’s
current medical status affects the person’s ability to safely operate a motor
vehicle. The State Health Officer shall consider this information in
determining whether to issue a certificate of eligibility under ORS 807.090.
(5) Except as provided
in ORS 802.240, the reports required by the department under this section are
confidential and shall be used by the department only to determine the
qualifications of persons to operate motor vehicles upon the highways.
Approved by the Governor June 15, 2007
Filed in the office of Secretary of State June 15, 2007
Effective date January 1, 2008
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