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 1523
 
                         Senate Bill 455
 
Sponsored by Senator BROWN (at the request of Oregon Acupuncture
  Association)
 
 
                             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.
 
  Prohibits Board of Medical Examiners from requiring
fingerprints for purposes of requesting criminal records check of
person applying for license to practice acupuncture.
 
                        A BILL FOR AN ACT
Relating to requirements for license to practice acupuncture;
  creating new provisions; and amending ORS 677.265.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 677.265 is amended to read:
  677.265. In addition to any other powers granted by this
chapter, the Board of Medical Examiners for the State of Oregon
may:
  (1) Adopt necessary and proper rules for administration of this
chapter including but not limited to:
  (a) Establishing fees and charges to carry out its legal
responsibilities, subject to prior approval by the Oregon
Department of Administrative Services and a report to the
Emergency Board prior to adopting the fees and charges. The fees
and charges shall be within the budget authorized by the
Legislative Assembly as that budget may be modified by the
Emergency Board. The fees and charges established under this
section may not exceed the cost of administering the program or
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly for the board's budget, or
as modified by the Emergency Board or future sessions of the
Legislative Assembly.
  (b) Establishing standards and tests to determine the moral,
intellectual, educational, scientific, technical and professional
qualifications required of applicants for licenses under this
chapter.
  (c) Enforcing the provisions of this chapter and exercising
general supervision over the practice of medicine and podiatry
within this state. In determining whether to discipline a
licensee for a standard of care violation, the board shall
determine whether the licensee used that degree of care, skill
and diligence that is used by ordinarily careful physicians or
podiatric physicians and surgeons in the same or similar
circumstances in the community of the physician or podiatric
physician and surgeon or a similar community.
 
  (2) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and fines and place
licensees on probation as provided in this chapter.
  (3) Use the gratuitous services and facilities of private
organizations to receive the assistance and recommendations of
the organizations in administering this chapter.
  (4) Make its personnel and facilities available to other
regulatory agencies of this state, or other bodies interested in
the development and improvement of the practice of medicine or
podiatry in this state, upon terms and conditions for
reimbursement as are agreed to by the board and the other agency
or body.
  (5) Appoint examiners, who need not be members of the board,
and employ or contract with the American Public Health
Association or the National Board of Medical Examiners or other
organizations, agencies and persons to prepare examination
questions and score examination papers.
  (6) Determine the schools, colleges, universities, institutions
and training acceptable in connection with licensing under this
chapter. All residency, internship and other training programs
carried on in this state by any hospital, institution or medical
facility shall be subject to approval by the board. The board
shall accept the approval by the American Osteopathic Association
or the American Medical Association.
  (7) Prescribe the time, place, method, manner, scope and
subjects of examinations under this chapter.
  (8) Prescribe all forms that it considers appropriate for the
purposes of this chapter, and require the submission of
photographs and relevant personal history data by applicants for
licensure under this chapter.
  (9)  { + Except as provided in section 3 of this 2007 Act, + }
for the purpose of requesting a state or nationwide criminal
records check under ORS 181.534, require the fingerprints of a
person who is:
  (a) Applying for a license that is issued by the board;
  (b) Applying for renewal of a license that is issued by the
board; or
  (c) Under investigation by the board.
  (10) Administer oaths, issue notices and subpoenas in the name
of the board, enforce subpoenas in the manner authorized by ORS
183.440, hold hearings and perform such other acts as are
reasonably necessary to carry out its duties under this chapter.
  SECTION 2.  { + Section 3 of this 2007 Act is added to and made
a part of ORS 677.757 to 677.770. + }
  SECTION 3.  { + The provisions of ORS 677.265 (9) do not apply
to a person seeking initial licensure or renewal of a license to
practice acupuncture as required by ORS 677.759. + }
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