74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 206
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 Board of Naturopathic Examiners)
CHAPTER ................
AN ACT
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 Oregon:
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
Enrolled Senate Bill 206 (SB 206-A) Page 1
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
Enrolled Senate Bill 206 (SB 206-A) Page 2
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
Enrolled Senate Bill 206 (SB 206-A) Page 3
{ - 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
Enrolled Senate Bill 206 (SB 206-A) Page 4
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.
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Enrolled Senate Bill 206 (SB 206-A) Page 5
Passed by Senate March 19, 2007
Repassed by Senate May 25, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 22, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 206 (SB 206-A) Page 6
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 206 (SB 206-A) Page 7