74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 326
LC 1655/SB 326-4
SENATE AMENDMENTS TO
SENATE BILL 326
By COMMITTEE ON HEALTH AND HUMAN SERVICES
April 30
On page 1 of the printed bill, line 3, after '676.606 ' insert
'and 676.612'.
Delete lines 5 through 29 and delete pages 2 through 4 and
insert:
' { + SECTION 1. + } { + As used in sections 1 to 9 of this
2007 Act:
' (1) 'Orthotic device' means a device that supports, aligns,
prevents or corrects deformities of, or improves the functioning
of, movable parts of the body.
' (2) 'Orthotics' means the practice of evaluation,
measurement, design, fabrication, assembly, fitting, adjustment
or servicing of an orthotic device for the support, correction or
alleviation of neuromuscular or musculoskeletal dysfunction,
disease, injury or deformity.
' (3) 'Orthotist' means a person licensed to practice orthotics
under section 5 of this 2007 Act.
' (4) 'Prosthetic device' means an artificial limb device or
appliance designed to replace in whole or in part an arm, hand,
leg or foot.
' (5) 'Prosthetics' means the practice of evaluation,
measurement, design, fabrication, assembly, fitting, alignment,
adjustment or servicing of a prosthetic device for the
replacement of external parts of a human body lost due to
amputation or congenital deformity.
' (6) 'Prosthetist' means a person who is licensed to practice
prosthetics under section 5 of this 2007 Act. + }
' { + SECTION 2. + } { + (1) There is created within the
Oregon Health Licensing Agency the Orthotics and Prosthetics
Board of Examiners consisting of seven members appointed by the
Governor.
' (2) All members of the board shall be residents of Oregon.
Of the members of the board:
' (a) Two members shall be orthotists;
' (b) Two members shall be prosthetists;
' (c) One member shall be a licensed physician or a licensed
podiatric physician and surgeon; and
' (d) Two members shall be members of the general public, one
of whom uses a prosthetic device and one of whom uses an orthotic
device.
' (3) A member of the board shall serve for a term of three
years and is eligible for reappointment. A member holds office
until the appointment and qualification of a successor. Vacancies
shall be filled for the unexpired term only.
' (4) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. + }
' { + SECTION 3. + } { + (1) The Orthotics and Prosthetics
Board of Examiners shall elect one of its members as chairperson
and another as vice chairperson.
' (2) A majority of the members of the board constitutes a
quorum for the transaction of business.
' (3) Regular meetings of the board shall be held at such times
and places as the Oregon Health Licensing Agency prescribes. At
least one regular meeting shall be held each year. + }
' { + SECTION 4. + } { + The Orthotics and Prosthetics Board
of Examiners shall:
' (1) Determine the qualifications and fitness of applicants
for licensure as an orthotist, a prosthetist, an
orthotist-prosthetist, an orthotist assistant, a prosthetist
assistant and an orthotist-prosthetist assistant.
' (2) Establish minimum requirements for orthotist, prosthetist
and orthotist-prosthetist licenses and for orthotist assistant,
prosthetist assistant and orthotist-prosthetist assistant
licenses.
' (3) Establish standards, guidelines and procedures for the
completion of clinical internships.
' (4) Supervise the examination of applicants.
' (5) Establish basic requirements for continuing education.
' (6) Provide for waivers of examinations, grandfathering
requirements and temporary licenses as considered
appropriate. + }
' { + SECTION 5. + } { + The Oregon Health Licensing Agency
shall:
' (1)(a) Issue licenses to persons determined by the Orthotics
and Prosthetics Board of Examiners to be qualified; and
' (b) Deny, revoke, suspend and renew licenses to practice as
an orthotist, a prosthetist, an orthotist-prosthetist, an
orthotist assistant, a prosthetist assistant and an
orthotist-prosthetist assistant under sections 1 to 9 of this
2007 Act.
' (2) Maintain a public record of persons licensed by the
agency to practice orthotics or prosthetics.
' (3) Keep a record of its proceedings relating to the
issuance, refusal, suspension and revocation of licenses under
sections 1 to 9 of this 2007 Act.
' (4) Evaluate the qualifications of an applicant for licensure
as an orthotist, a prosthetist, an orthotist-prosthetist, an
orthotist assistant, a prosthetist assistant or an
orthotist-prosthetist assistant.
' (5) Keep a record of all complaints received, including the
date of receipt, name and place of business of each practitioner
involved, the name and address of each complainant and the nature
of the complaint.
' (6) Take any actions at the request of the chairperson of the
board that may be necessary or appropriate to achieve the
purposes of sections 1 to 9 of this 2007 Act.
' (7) Adopt rules for the administration of sections 1 to 9 of
this 2007 Act. + }
' { + SECTION 6. + } { + A person may not, unless the person
holds a valid license issued under section 5 of this 2007 Act:
' (1) Engage or offer to engage in the practice of orthotics or
prosthetics or claim to be a licensed orthotist, prosthetist or
orthotist-prosthetist; or
' (2) Use in connection with the name of the person the word '
orthotist,' 'prosthetist' or 'orthotist-prosthetist' or any other
words, letters, abbreviations or insignia tending to indicate
that the person is engaged in the practice of orthotics or
prosthetics. + }
' { + SECTION 7. + } { + Sections 1 to 9 of this 2007 Act do
not:
' (1) Limit, preclude or otherwise interfere with the practices
of health care providers and other persons, including physical
therapists and occupational therapists, licensed or registered in
this state under any other statutes, or prevent health care
providers and other persons, including physical therapists and
occupational therapists, from engaging in the profession or
occupation for which the health care provider or other person,
including a physical therapist or an occupational therapist, is
licensed or registered;
' (2) Prevent any person from practicing orthotics or
prosthetics if the person is employed as an orthotist, a
prosthetist or an orthotist-prosthetist by the federal government
or any of its agencies;
' (3) Preclude any person from pursuing a supervised course of
study leading to a degree or registration as an orthotist, a
prosthetist or an orthotist-prosthetist in an accredited or
approved educational program if the person is identified by a
title that clearly indicates student or trainee status;
' (4) Prevent any person from completing any supervised
practical experience requirements established by the Oregon
Health Licensing Agency by rule; or
' (5) Prohibit any person from performing orthotic or
prosthetic services in this state for purposes of continuing
education or consulting if the services are performed for no more
than 60 days in any calendar year and are performed in
association with a licensed orthotist, prosthetist or
orthotist-prosthetist if the person is registered, certified or
licensed and in good standing as an orthotist, a prosthetist or
an orthotist-prosthetist. + }
' { + SECTION 8. + } { + In the manner prescribed in ORS
chapter 183 for contested cases, the Oregon Health Licensing
Agency may impose discipline as described in ORS 676.612 against
a licensed orthotist, prosthetist or orthotist-prosthetist for
any of the grounds listed in ORS 676.612 or for any violation of
the provisions of sections 1 to 9 of this 2007 Act or the rules
adopted under sections 1 to 9 of this 2007 Act. + }
' { + SECTION 9. + } { + (1) The Oregon Health Licensing
Agency shall establish by rule and collect fees related to the
practice of orthotics and prosthetics under sections 1 to 9 of
this 2007 Act.
' (2) All moneys received by the Oregon Health Licensing Agency
under this section shall be paid into the General Fund of the
State Treasury and credited to the Oregon Health Licensing Agency
Account, and are appropriated continuously to and shall be used
by the agency only for the administration and enforcement of
sections 1 to 9 of this 2007 Act.
' (3) The fees established by the Oregon Health Licensing
Agency under subsection (1) of this section are subject to the
prior approval of the Oregon Department of Administrative
Services. The fees may not exceed the cost of administering
sections 1 to 9 of this 2007 Act pertaining to the purpose for
which the fee is established, as authorized by the Legislative
Assembly within the budget of the agency, as that budget may be
modified by the Emergency Board.
' (4) In addition to the fees established under subsection (1)
of this section, the Oregon Health Licensing Agency may assess
fees for providing copies of official documents or records and
for recovering administrative costs associated with compiling,
photocopying or preparing and delivering the records. + }
' { + SECTION 10. + } ORS 676.606 is amended to read:
' 676.606. Pursuant to ORS 676.607, the Oregon Health Licensing
Agency shall provide administrative and regulatory oversight and
centralized service for the following boards, advisory councils
and program:
' (1) Board of Athletic Trainers, as provided in ORS 688.701 to
688.734;
' (2) Board of Cosmetology, as provided in ORS 690.005 to
690.235;
' (3) State Board of Denture Technology, as provided in ORS
680.500 to 680.570;
' (4) State Board of Direct Entry Midwifery, as provided in ORS
687.405 to 687.495;
' (5) Respiratory Therapist Licensing Board, as provided in ORS
688.800 to 688.840;
' (6) Environmental Health Registration Board, as provided in
ORS chapter 700;
' (7) Advisory Council for Electrologists and Permanent Color
Technicians and Tattoo Artists, as provided in ORS 690.350 to
690.430;
' (8) Advisory Council on Hearing Aids, as provided in ORS
694.015 to 694.185; { - and - }
' (9) Body piercing licensing program, as provided in ORS
690.500 to 690.570 { - . - } { + ; and
' (10) Orthotics and Prosthetics Board of Examiners, as
provided in sections 1 to 9 of this 2007 Act. + }
' { + SECTION 11. + } ORS 676.612 is amended to read:
' 676.612. (1) In the manner prescribed in ORS chapter 183 for
contested cases and as specified in ORS 680.535, 687.445,
688.734, 688.836, 690.167, 690.407, 690.515, 694.147 and 700.111
{ + and section 8 of this 2007 Act + }, the Oregon Health
Licensing Agency may refuse to issue or renew, may suspend or
revoke or may place on probation or otherwise discipline a holder
of a certificate, permit, license or registration to practice
issued by the agency for any of the following reasons:
' (a) Fraud, misrepresentation, concealment of material facts
or deception in applying for or obtaining an authorization to
practice in this state, or in any written or oral communication
to the agency concerning the issuance or retention of the
authorization.
' (b) Using, causing or promoting the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, insignia or any other representation, however disseminated
or published, that is false, misleading or deceptive.
' (c) Making a representation that the certificate, permit,
license or registration holder knew or should have known is false
or misleading regarding skill or the efficacy or value of
treatment or remedy administered by the holder.
' (d) Practicing under a false, misleading or deceptive name,
or impersonating another certificate, permit, license or
registration holder.
' (e) Permitting a person other than the certificate, permit,
license or registration holder to use the certificate, permit,
license or registration.
' (f) Practicing with a physical or mental condition that
presents an unreasonable risk of harm to the practitioner or to
the person or property of others in the course of performing the
practitioner's duties.
' (g) Practicing while under the influence of alcohol,
controlled substances or other skill-impairing substances, or
engaging in the illegal use of controlled substances or other
skill-impairing substances so as to create a risk of harm to the
person or property of others in the course of performing the
practitioner's duties.
' (h) Failing to properly and reasonably accept responsibility
for the actions of employees.
' (i) Employing, directly or indirectly, any suspended,
uncertified, unlicensed or unregistered person to practice a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.606.
' (j) Unprofessional conduct, negligence, incompetence,
repeated violations or any departure from or failure to conform
to standards of practice in performing services or practicing in
a regulated occupation or profession subject to the authority of
the boards, councils and programs listed under ORS 676.606.
' (k) Conviction of any criminal offense, subject to ORS
670.280. A copy of the record of conviction, certified by the
clerk of the court entering the conviction, is conclusive
evidence of the conviction. A plea of no contest or an admission
of guilt shall be considered a conviction for purposes of this
paragraph.
' (L) Failing to report any adverse action, as required by
statute or rule, taken against the certificate, permit, license,
or registration holder by another regulatory jurisdiction or any
peer review body, health care institution, professional
association, governmental agency, law enforcement agency or court
for acts or conduct similar to acts or conduct that would
constitute grounds for disciplinary action as described in this
section.
' (m) Violation of a statute regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
' (n) Violation of any rule regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
' (o) Failing to cooperate with the agency in any
investigation, inspection or request for information.
' (2) The agency may refuse to issue or renew, may suspend or
revoke or may place on probation or otherwise sanction a holder
of a certificate, permit, license or registration to practice
issued by the agency for failure to pay an outstanding civil
penalty or fee that is due or for failure to meet the terms of
any order issued by the agency that has become final.
' (3) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the agency may require
the fingerprints of a person who is:
' (a) Applying for a certificate, permit, license or
registration that is issued by the agency;
' (b) Applying for renewal of a certificate, permit, license or
registration that is issued by the agency; or
' (c) Under investigation by the agency.
' (4) If the agency places a holder of a certificate, permit,
license or registration on probation under subsection (1) of this
section, the agency, in consultation with the appropriate board,
council or program, may determine and at any time modify the
conditions of the probation.
' (5) If a certificate, permit, license or registration is
suspended, the holder may not practice during the term of
suspension. Upon the expiration of the term of suspension, the
certificate, permit, license or registration may be reinstated by
the agency if the conditions of suspension no longer exist and
the holder has satisfied all requirements in the relevant
statutes or administrative rules for issuance, renewal or
reinstatement.
' { + SECTION 12. + } { + (1) Notwithstanding the term of
office specified by section 2 of this 2007 Act, of the members
first appointed to the Orthotics and Prosthetics Board of
Examiners:
' (a) Two members shall serve for terms ending January 1, 2009.
' (b) Two members shall serve for terms ending January 1, 2010.
' (c) Three members shall serve for terms ending January 1,
2011.
' (2) A board member appointed under this section who is a
practitioner of orthotics or prosthetics, as defined in section 1
of this 2007 Act, must meet all requirements for licensure under
section 5 of this 2007 Act and shall obtain a license within 12
months of appointment. + }
' { + SECTION 13. + } { + (1) Any person actively engaged in
the practice of orthotics or prosthetics on the effective date of
this 2007 Act is considered licensed under sections 1 to 9 of
this 2007 Act if the person submits an application for a license
and the appropriate fee as determined by rule as provided under
sections 1 to 9 of this 2007 Act.
' (2) A person described in subsection (1) of this section must
submit an application for a license and the appropriate fee
within 90 days after the operative date of section 4 of this 2007
Act. + }
' { + SECTION 14. + } { + The members of the Orthotics and
Prosthetics Board of Examiners shall meet as soon as possible
after appointment to the board to carry out their duties under
section 4 of this 2007 Act. + }
' { + SECTION 15. + } { + Sections 1, 4 to 6, 8 and 9 of
this 2007 Act become operative on January 1, 2008. + }
' { + SECTION 16. + } { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect on its passage. + } ' .
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