74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 884
 
                           A-Engrossed
 
                         Senate Bill 207
                   Ordered by the House May 17
             Including House Amendments dated May 17
 
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)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Authorizes Board of Naturopathic Examiners to contract for
services for impaired naturopathic physicians. Allows board to
refer impaired naturopathic physician to board-approved diversion
program in addition to or instead of imposition of disciplinary
sanction. Permits board to require certain evaluations of
 { - persons who are subject of investigation - }  { +  licensee
or other person charged with violation of provisions relating to
naturopathic physicians + }.
   { +  Directs board to notify licensee or other person and
provide copies of evaluation results to licensee or other person.
Allows licensee or other person to request contested case hearing
within 10 days after receiving board's notice or within longer
period of time if authorized by board. + }
 
                        A BILL FOR AN ACT
Relating to authority of Board of Naturopathic Examiners;
  creating new provisions; and amending ORS 685.225.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 685. + }
  SECTION 2.  { + (1)(a) The Board of Naturopathic Examiners may
enter into contracts to make services available to impaired
naturopathic physicians.
  (b) The board may, in accordance with ORS chapter 183, adopt
rules for the administration of a diversion program for impaired
naturopathic physicians.
  (2) In addition to or instead of any disciplinary action under
ORS 685.110, the board may refer an impaired naturopathic
physician to a board-approved diversion program.
  (3) The program administrator shall report to the board and
provide all pertinent information concerning an impaired
naturopathic physician who is referred to the program. + }
  SECTION 3. ORS 685.225 is amended to read:
 
  685.225. (1) Upon the complaint of any   { - citizen - }
 { + resident + } of this state, or upon its own motion, the
Board of Naturopathic Examiners may investigate any alleged
violation of this chapter.
  (2) In the conduct of investigations, the board may:
  (a) Take evidence;
  (b) Take the depositions of witnesses, including the person
charged { +  with a violation of this chapter + }, in the manner
provided by law in civil cases;
  (c) Compel the appearance of witnesses, including the person
charged, before the board in person the same as in civil cases;
  (d) Require answers to interrogatories;   { - and - }
  (e) Compel the production of books, papers, accounts, documents
and testimony pertaining to the matter under investigation { + ;
and
  (f) Require a licensee under this chapter or another person
charged with a violation of this chapter to undergo a mental,
physical, chemical dependency or competency evaluation at the
person's expense when there is an objectively reasonable basis to
believe that the licensee or other person is unable to practice
naturopathic medicine safely. An evaluation conducted under this
subsection must be performed:
  (A) By qualified, impartial professionals;
  (B) In a timely manner; and
  (C) In a cost-effective manner if the licensee or other person
is required to pay the cost of the evaluation.
  (3) If the board intends to require a licensee or another
person charged with a violation of this chapter to undergo an
evaluation described in subsection (2)(f) of this section, the
board must first issue a notice to the licensee or other person
as required under ORS 183.415. The licensee or other person may
request a contested case hearing on the order within 10 days
after receiving the board's notice or within any longer period of
time the board authorizes. If a licensee or other person charged
with a violation of this chapter does not request a hearing in
the time authorized, the notice shall constitute the board's
final order requiring the evaluation. A hearing conducted in
accordance with this subsection shall consider only whether the
board has complied with the procedural requirements for ordering
the evaluation and whether an adequate substantive basis exists
for the board's order.
  (4) Upon receipt of the results of an evaluation conducted
under this section, the board must immediately provide to the
licensee or other person who was evaluated copies of any
evaluation reports and all documents or other information
produced or reviewed by the persons who conducted the evaluation.
  (5) Subsection (3) of this section does not apply to board
orders requiring tests for controlled substances + }.
    { - (3) - }   { + (6) + } In exercising its authority under
subsection (2) of this section, the board may issue subpoenas
over the signature of the board chairperson and the seal of the
board in the name of the State of Oregon.
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