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
 
                         Senate Bill 207
 
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 as
introduced.
 
  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.
 
                        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 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, 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 person to undergo a mental, physical, chemical
dependency or competency evaluation at the person's expense when
the board has objectively reasonable grounds to believe that the
person is or may be unable to practice naturopathic medicine with
reasonable skill and safety. The results of the evaluation shall
be reported to the board. The report shall not be disclosed to
the public but may be received into evidence in a proceeding
between the board and the person when the mental, physical,
chemical dependency or competency of the person is at issue,
notwithstanding any claim of privilege by the person + }.
  (3) 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.
                         ----------