74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 620
 
Sponsored by Senator MORRISETTE
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to naturopathic physicians; amending ORS 685.010,
  807.090 and 807.710.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 685.010 is amended to read:
  685.010. As used in this chapter:
  (1) 'Accredited naturopathic school or college' means any
naturopathic school or college offering a four-year full-time
resident program of study in naturopathy leading to a doctoral
degree in naturopathic medicine, such program having been
approved by the board to meet the standards specifically
incorporated into board rules.
  (2) 'Board' means the Board of Naturopathic Examiners.
  (3) 'Drugs' means all medicines and preparations and all
substances, except nonpoisonous plant or animal substances in
therapeutic dosages, food and water, substances listed on the
formulary established under ORS 685.145 (3), over-the-counter
substances, nonprescriptive and non Drug Enforcement Agency
regulated homeopathic substances and nutritional supplements,
used or intended to be used for the diagnosis, cure, treatment,
mitigation or prevention of diseases or abnormalities of humans,
which are recognized in the latest editions of the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia,
official National Formulary, or any supplement to any of them, or
otherwise established as drugs.
  (4) 'Minor surgery' means the use of electrical or other
methods for the surgical repair and care incident thereto of
superficial lacerations and abrasions, benign superficial
lesions, and the removal of foreign bodies located in the
superficial structures; and the use of antiseptics and local
anesthetics in connection therewith.
  (5) 'Naturopathic medicine' means the discipline that includes
physiotherapy, natural healing processes and minor surgery and
has as its objective the maintaining of the body in, or of
restoring it to, a state of normal health.
   { +  (6) 'Naturopathic physician' means a person who holds a
degree of Doctor of Naturopathic Medicine and is licensed under
this chapter. + }
    { - (6) - }  { +  (7) + } 'Nonpoisonous' means a substance
taken in accepted therapeutic dosage that by its action on organs
or tissue does not adversely impair function or destroy human
life.
 
 
 
Enrolled Senate Bill 620 (SB 620-INTRO)                    Page 1
 
 
 
    { - (7) - }   { + (8) + } 'Plant or animal substances' means
those substances found in nature that comprise the whole or parts
of plants or animals and constituents thereof and that have not
had changes made in their molecular structure as found in nature.
  SECTION 2. ORS 807.090 is amended to read:
  807.090. (1) If the Department of Transportation determines
that a person may be ineligible for a license because the person
has a mental or physical condition or impairment that affects the
person's ability to safely operate a motor vehicle, the person
may establish eligibility for a license, notwithstanding the
mental or physical condition or impairment:
  (a) By personally demonstrating to the satisfaction of the
department that, notwithstanding the mental or physical condition
or impairment, the person is qualified to safely operate a motor
vehicle; or
  (b) If the department reasonably believes that, notwithstanding
the demonstration under paragraph (a) of this subsection, the
person's mental or physical condition or impairment affects the
person's ability to safely operate a motor vehicle, by obtaining
a certificate of eligibility from the State Health Officer under
this section.
  (2) The State Health Officer shall issue to the department a
certificate of eligibility required under this section if an
applicant for a certificate establishes to the satisfaction of
the State Health Officer that the person's mental or physical
condition or impairment does not affect the person's ability to
safely operate a motor vehicle. The State Health Officer shall
use the following to establish qualification for a certificate of
eligibility under this subsection:
  (a) A report from the applicant's physician, nurse practitioner
or physician assistant of the applicant's condition or
impairment.
  (b) If the applicant's condition or impairment apparently
involves only visual deficiencies, the department may require an
applicant to submit a report from a licensed optometrist or a
licensed physician who specializes in diagnosis and treatment of
diseases of the eye.
  (c) The State Health Officer may require an examination and a
written report of findings and recommendations from a physician,
nurse practitioner or physician assistant designated by the State
Health Officer in addition to other reports submitted.
  (3) If a person establishes eligibility for a license under
this section by obtaining a certificate of eligibility, the
department may require the person to reestablish eligibility at
reasonable intervals. The frequency of reestablishing eligibility
under this subsection shall be established by the State Health
Officer after reviewing recommendations from the physician, nurse
practitioner or physician assistant of the person required to
reestablish eligibility.
  (4) The State Health Officer may enter into an agreement with
any physician, nurse practitioner or physician assistant allowing
the physician, nurse practitioner or physician assistant to
perform the duties assigned to the State Health Officer by this
section.
   { +  (5) As used in this section, 'physician' means a person
who holds a degree of Doctor of Medicine or Doctor of Osteopathy
and is licensed under ORS chapter 677 and a person who holds a
degree of Doctor of Naturopathic Medicine and is licensed under
ORS chapter 685. + }
  SECTION 3. ORS 807.710 is amended to read:
 
 
Enrolled Senate Bill 620 (SB 620-INTRO)                    Page 2
 
 
 
  807.710. (1) For the purposes of this section:
  (a) 'Physician' means a  { + person who holds a degree of + }
Doctor of Medicine or  { + Doctor of + } Osteopathy  { + and
is + } licensed   { - to practice medicine by the Board of
Medical Examiners for the State of Oregon - }  { +  under ORS
chapter 677 and a person who holds a degree of Doctor of
Naturopathic Medicine and is licensed under ORS chapter 685 + }.
  (b) 'Health care provider' means a person licensed, certified
or otherwise authorized or permitted by the laws of this state to
administer health care.
  (2) In consultation with medical experts and experts on
cognitive or functional impairments, the Department of
Transportation shall adopt rules requiring reporting and:
  (a) Designating physicians and health care providers required
to report to the department a person whose cognitive or
functional impairment affects that person's ability to safely
operate a motor vehicle. If a designated physician or health care
provider makes a report to the department in good faith, that
person shall be immune from civil liability that might otherwise
result from making the report. If a designated physician or
health care provider does not make a report, that person shall be
immune from civil liability that might otherwise result from not
making the report.
  (b) Designating the cognitive or functional impairments that
are likely to affect a person's ability to safely operate a motor
vehicle.
  (3) Determinations regarding a person's ability to safely
operate a motor vehicle may not be based solely on the diagnosis
of a medical condition or cognitive or functional impairment, but
must be based on the actual effect of that condition or
impairment on the person's ability to safely operate a motor
vehicle.
  (4) Reports required by the department under this section shall
be upon forms prescribed or provided by the department. Each
report shall include the person's name, address, date of birth,
sex and a description of how the person's current medical status
affects the person's ability to safely operate a motor vehicle.
The State Health Officer shall consider this information in
determining whether to issue a certificate of eligibility under
ORS 807.090.
  (5) Except as provided in ORS 802.240, the reports required by
the department under this section are confidential and shall be
used by the department only to determine the qualifications of
persons to operate motor vehicles upon the highways.
                         ----------
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 620 (SB 620-INTRO)                    Page 3
 
 
 
 
 
Passed by Senate March 19, 2007
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 18, 2007
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 620 (SB 620-INTRO)                    Page 4
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 620 (SB 620-INTRO)                    Page 5