75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2118
LC 964/HB 2118-2
HOUSE AMENDMENTS TO
HOUSE BILL 2118
By COMMITTEE ON HEALTH CARE
May 5
On page 1 of the printed bill, line 2, delete 'and'.
In line 4, after '676.165,' insert '676.608,'.
In line 5, delete '678.126,'.
In line 6, after '681.350,' insert '681.400,'.
In line 7, delete '684.200,'.
In line 8, delete '687.122,' and delete '688.555,' and delete
'689.125,'.
In line 9, delete '689.155,'.
In line 10, after '692.320' insert '; and repealing ORS
689.125'.
Delete lines 15 through 24 and delete page 2.
On page 3, delete lines 1 through 17 and insert:
' { + SECTION 1. + } { + (1) As used in this section:
' (a) 'Health professional regulatory board' means the agencies
listed in ORS 676.160 and the Oregon Health Licensing Agency
created in ORS 676.605.
' (b) 'Impairment' means an inability to practice with
reasonable competence and safety due to the habitual or excessive
use of drugs or alcohol, other chemical dependency or a mental
health condition.
' (c) 'License' means a license, registration, certification or
other authorization to engage in a profession.
' (d) 'Licensee' means a person licensed, registered, certified
or otherwise authorized by a health professional regulatory board
to engage in a profession.
' (2) All health professional regulatory boards shall operate
with the primary purposes of promoting the quality of health
services provided, protecting the public health, safety and
welfare by ensuring that licensees practice with professional
skill and safety and addressing impairment among licensees.
' (3) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, a health professional
regulatory board may require the fingerprints of a licensee
seeking renewal of a license, an applicant for a license, a board
employee or volunteer or an applicant for employment with the
board. + }
' { + SECTION 2. + } { + (1) As used in this section:
' (a) 'Health professional regulatory board' means the agencies
listed in ORS 676.160 and the Oregon Health Licensing Agency
created in ORS 676.605.
' (b) 'License' means a license, registration, certification or
other authorization to engage in a profession.
' (2) A health professional regulatory board continues to have
jurisdiction for licensing, regulatory and disciplinary purposes
related to acts and omissions that occur while a person is
licensed or required to be licensed, regardless of any changes in
the licensing status of the person.
' (3) A person who obtains, but is not required to obtain, a
license to engage in a profession regulated by a health
professional regulatory board, and whose license expires, lapses
or is voluntarily surrendered while the person is under
investigation by the board, or whose license is suspended or
revoked, may not engage in that profession unless the person
again obtains a license from the relevant health professional
regulatory board to engage in the profession.
' (4) Nothing in this section limits the jurisdictional,
investigatory or other authority otherwise provided by law to a
health professional regulatory board. + }
' { + SECTION 3. + } { + (1) As used in this section,
'health professional regulatory board' means the agencies listed
in ORS 676.160 and the Oregon Health Licensing Agency created in
ORS 676.605.
' (2) Notwithstanding ORS 192.410 to 192.505, a health
professional regulatory board may, at its discretion, release or
withhold the personal electronic mail address, home address and
personal telephone number for a person licensed, registered or
certified by the board. If the personal electronic mail address,
home address or personal telephone number is requested for a
public health or state health planning purpose, the board shall
release the information. + }
' { + SECTION 4. + } { + (1) As used in this section,
'health professional regulatory board' means a health
professional regulatory board described in ORS 676.160 other than
the Department of Human Services with regard to the certification
of emergency medical technicians.
' (2) Subject to applicable provisions of the State Personnel
Relations Law and the approval of the Governor, notwithstanding
ORS 182.468, each health professional regulatory board shall
appoint an executive director and prescribe the duties and fix
the compensation of the executive director. The executive
director shall serve at the pleasure of the Governor under the
direct supervision of the appointing board. The board may request
that the Governor remove the executive director.
' (3) In addition to any other duties imposed by law or
otherwise required of state agencies, the executive director
shall keep all records of the board and discharge all duties
prescribed by the board.
' (4) The executive director shall prepare periodic reports
regarding the licensing, monitoring and investigative activities
of the board. The executive director shall submit the reports to
the board and the Governor. The Oregon Department of
Administrative Services, in consultation with the board, shall
adopt rules specifying requirements for the report content and
processes for preparing and submitting the reports. The rules may
be consistent with performance management measures and processes
initiated by the department. The rules shall require each board
to undergo a peer review of board activities by a team of
executive directors of other health professional regulatory
boards and at least one public member. The department may assess
the board for the cost of the peer review. + }
' { + SECTION 5. + } ORS 676.165 is amended to read:
' 676.165. (1) { - Upon receipt of - } { + When a health
professional regulatory board or the Oregon Health Licensing
Agency receives + }a complaint by any person against a licensee
{ - or applicant, a health professional regulatory - } { + ,
applicant or other person alleged to be practicing in violation
of law, the + } board { + or agency + } shall assign one or more
persons to act as investigator of the complaint.
' (2) The investigator shall collect evidence and interview
witnesses and shall make a report to the board { + or
agency + }. The investigator shall have all investigatory powers
possessed by the board { + or agency + }.
' (3) The report to the board { + or agency + } shall describe
the evidence gathered, the results of witness interviews and any
other information considered in preparing the report of the
investigator. The investigator shall consider, and include in the
report, any disciplinary history { + with the board or
agency + } of the licensee { + , + } { - or - } applicant
{ - with the board - } { + or other person alleged to be
practicing in violation of law + }.
' (4) The investigator shall make the report to the board
{ + or agency + } not later than 120 days after the board
{ + or agency + } receives the complaint. However, the board
{ + or agency + } may extend the time for making the report by
up to 30 days for just cause. The board { + or agency + } may
grant more than one extension of time.
' (5) Investigatory information obtained by an investigator and
the report issued by the investigator shall be exempt from public
disclosure.
' { + (6) When a health professional regulatory board reviews
the investigatory information and report, the public members of
the board must be actively involved. + }
' { + SECTION 5a. + } ORS 676.608 is amended to read:
' 676.608. (1) { + (a) + } Upon its own motion { - or upon
any complaint - } , the Oregon Health Licensing Agency may
initiate and conduct investigations of matters relating to the
practice of occupations or professions subject to the authority
of the boards, councils and programs listed in ORS 676.606.
' { + (b) When the agency receives a complaint by any person
against a holder of a certificate, permit, license or
registration to practice issued by the agency, the agency shall
investigate the complaint as provided in ORS 676.165. + }
' (2) While conducting an investigation authorized under
subsection (1) of this section or a hearing related to an
investigation, the agency may:
' (a) Take evidence;
' (b) Administer oaths;
' (c) Take the depositions of witnesses, including the person
charged;
' (d) Compel the appearance of witnesses, including the person
charged;
' (e) Require answers to interrogatories;
' (f) Compel the production of books, papers, accounts,
documents and testimony pertaining to the matter under
investigation; and
' (g) Conduct criminal and civil background checks to determine
conviction of a crime that bears a demonstrable relationship to
the field of practice.
' (3) In exercising its authority under this section, the
agency may issue subpoenas over the signature of the Director of
the Oregon Health Licensing Agency or designated employee thereof
and in the name of the State of Oregon.
' (4) If a person fails to comply with a subpoena issued under
this section, the judge of the Circuit Court for Marion County
may compel obedience by initiating proceedings for contempt as in
the case of disobedience of the requirements of a subpoena issued
from the court.
' (5) If necessary, the director, or an employee designated by
the director, may appear before a magistrate empowered to issue
warrants in criminal cases to request that the magistrate issue a
warrant. The magistrate shall issue a warrant, directing it to
any sheriff or deputy or police officer, to enter the described
property, to remove any person or obstacle, to defend any
threatened violence to the director or a designee of the director
or an officer, upon entering private property, or to assist the
director in enforcing the agency's authority in any way.
' (6) In all investigations and hearings, the agency and any
person affected thereby may have the benefit of counsel.
' { + SECTION 5b. + } { + Section 5c of this 2009 Act is
added to and made a part of ORS 676.605 to 676.625. + }
' { + SECTION 5c. + } { + (1) In addition to any other
duties imposed by law or otherwise required of state agencies,
the Director of the Oregon Health Licensing Agency shall keep all
records of the agency and discharge all duties prescribed by the
agency.
' (2) The director shall prepare periodic reports regarding the
licensing, monitoring and investigative activities of the agency.
The director shall submit the reports to the Governor. The Oregon
Department of Administrative Services, in consultation with the
agency, shall adopt rules specifying requirements for the report
content and processes for preparing and submitting the reports.
The rules may be consistent with performance management measures
and processes initiated by the department. The rules shall
require the agency to undergo a peer review of agency activities
by a team of executive directors of health professional
regulatory boards, as defined in ORS 676.160, and at least one
public member of a health professional regulatory board. The
department may assess the agency for the cost of the peer
review.' + } .
On page 4, delete lines 27 through 45.
On page 5, delete lines 1 through 6 and insert:
' { + SECTION 7. + } ORS 675.100 is amended to read:
' 675.100. (1) There hereby is created a State Board of
Psychologist Examiners consisting of seven members appointed by
the Governor { + and subject to confirmation by the Senate in
the manner provided in ORS 171.562 and 171.565 + }. { + All
members of the board must be Oregon residents. Of the members of
the board:
' (a) + } Five of the members { - shall be residents of
Oregon, - } { + must + } have doctoral degrees with primary
emphasis in psychology and
{ - shall be licensed under ORS 675.010 to 675.150. - } { +
must be licensed psychologists or former licensed psychologists
who are retired from the practice of psychology; and
' (b) + } Two { + of the + } members { - shall be residents
of Oregon and shall serve as public members. - } { + must be
members of the public and may not be:
' (A) Otherwise eligible for appointment to the board; or
' (B) A spouse, domestic partner, child, parent or sibling of a
licensed psychologist.
' (2)(a) Board members required to be licensed psychologists
may be appointed from a list of three to five nominees for each
vacancy, submitted by any professional organization that
represents psychologists.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group. + }
' { - (2) - } { + (3)(a) + } The term of office of a board
member { - shall be three - } { + is three + } years, but
{ - the members shall serve - } { + a member serves + } at the
pleasure of the Governor.
' { + (b) + }Before the expiration of the term of a member,
the Governor shall appoint a successor to assume duties on July 1
next following. A member shall be eligible for one consecutive
reappointment only. In case of a vacancy for any cause, the
Governor shall make an appointment to become immediately
effective for the unexpired term.
' { - (3) All appointments of members of the board by the
Governor are subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. - }
' (4) Before entering upon the duties of office, each board
member shall subscribe to an oath that the member will faithfully
and impartially discharge the duties of office and that the
member will support the Constitution of the United States and the
Constitution of this state. The oath shall be filed with the
Secretary of State.
' (5) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495.'.
Delete line 45.
On page 6, delete lines 1 through 18 and insert:
' { + SECTION 10. + } ORS 675.310 is amended to read:
' 675.310. (1) There is created { - in the Department of
Human Services - } the Occupational Therapy Licensing Board. The
board is composed of five members appointed by the Governor
{ + and subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565 + }. { + All members of the
board must be residents of this state. Of the members of the
board:
' (a) + }Two { - members shall - } { + must + } be
licensed occupational therapists in this state with no less than
three years of experience in occupational therapy immediately
preceding their appointment { - . - } { + ;
' (b) + }One { - member shall - } { + must + } be a
licensed occupational therapy assistant { - . - } { + ; and
' (c) + }Two { - members shall - } { + must + } be members
of the public { - . - } { + who are not:
' (A) Otherwise eligible for appointment to the board; or
' (B) A spouse, domestic partner, child, parent or sibling of
an individual who is a licensed occupational therapist or
licensed occupational therapy assistant.
' (2)(a) + }Board members required to be occupational
therapists { + or occupational therapy assistants + } may be
selected by the Governor from { + a list of three to five + }
nominees { + for each vacancy, + } submitted by { + :
' (A) + } The Occupational Therapy Association of Oregon
{ - and the board. - } { + , if the vacancy is in an
occupational therapist position; or
' (B) Any professional organization representing occupational
therapy assistants, if the vacancy is in an occupational therapy
assistant position.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group. + }
' { - (2) - } { + (3) + } Members are entitled to
compensation and expenses as provided in ORS 292.495.
' { - (3) - } { + (4) Board + } members { - shall - }
serve a term of four years and may not serve more than two
consecutive terms. { + A member serves at the pleasure of the
Governor.'. + }
On page 8, lines 29 through 32, delete the boldfaced material.
Delete lines 37 through 45.
On page 9, delete lines 1 through 18 and insert:
' { + SECTION 15. + } ORS 675.590 is amended to read:
' 675.590. (1) There is established a State Board of Clinical
Social Workers. { + The board shall consist of seven members
appointed by the Governor and subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565. All
members of the board must be residents of this state. Of the
members of the board:
' (a) Four members must be licensed clinical social workers who
are licensed in accordance with the provisions of ORS 675.510 to
675.600; and
' (b) Three members must be members of the public who have
demonstrated an interest in the field of clinical social work and
who are not:
' (A) Licensed clinical social workers; or
' (B) A spouse, domestic partner, child, parent or sibling of a
licensed clinical social worker. + }
' { - (2) The Governor shall appoint seven members to the
board, consisting of members as specified in subsection (4) of
this section. - }
' { + (2)(a) Board members required to be licensed clinical
social workers may be appointed from a list of three to five
nominees for each vacancy, submitted by any professional
organization that represents clinical social workers.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group. + }
' (3) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for one consecutive reappointment. If there is a vacancy
for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
' { - (4) The composition of the board shall be as
follows: - }
' { - (a) Four members shall be licensed clinical social
workers who are licensed in accordance with the provisions of ORS
675.510 to 675.600; and - }
' { - (b) Three members shall be public citizens who have
demonstrated an interest in the field of clinical social
work. - }
' { - (5) - } { + (4) + } Members { + of the board + } are
entitled to compensation and expenses as provided in ORS
292.495.'.
On page 10, delete lines 34 through 45.
On page 11, delete lines 1 through 22 and insert:
' { + SECTION 18. + } ORS 675.775 is amended to read:
' 675.775. (1) The Oregon Board of Licensed Professional
Counselors and Therapists is established.
' { - (2) - } The board { - shall consist - }
{ + consists + } of seven members
{ - who shall be - } appointed by the Governor { - . - }
{ + and subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. All members of the board
must be residents of this state. Of the members of the board:
' (a) Three must be licensed as professional counselors under
ORS 675.715;
' (b) Two must be licensed as marriage and family therapists
under ORS 675.715;
' (c) One must be from the faculty of a school within this
state that has programs to train persons to become professional
counselors or marriage and family therapists; and
' (d) One must be a member of the public who has demonstrated
an interest in the fields of professional counseling and marriage
and family therapy but who is not a:
' (A) Licensed professional counselor or marriage and family
therapist; or
' (B) Spouse, domestic partner, child, parent or sibling of a
licensee.
' (2)(a) Board members required to be licensees may be selected
by the Governor from a list of three to five nominees for each
vacancy, submitted by any professional organization representing
licensees. + }
' { - (3) - } { + (b) + } In selecting the members of the
board, the Governor shall strive to balance the representation
according to { + :
' (A) + } Geographic areas of this state { - , gender, age - }
{ + ; + } and
' { + (B) + } Ethnic group.
' { - (4) The board shall consist of: - }
' { - (a) Three members who are persons licensed as
professional counselors under ORS 675.715; - }
' { - (b) Two members who are persons licensed as marriage and
family therapists under ORS 675.715; - }
' { - (c) One member from the faculty of a school within this
state that has programs to train persons to become professional
counselors or marriage and family therapists; and - }
' { - (d) One member from the public who has demonstrated an
interest in the fields of professional counseling and marriage
and family therapy. - }
' { - (5) Statewide counselor and marriage and family
therapist organizations may recommend names of qualified persons
to the Governor at the time for filling vacancies on the
board. - }
' { - (6) - } { + (3) + }The term of office of each member
is three years, but a member serves at the pleasure of the
Governor. By October 1 of each year, the Governor shall appoint
persons to fill positions on the board that are due to become
vacant on October 1 of that year. A member is eligible for one
consecutive reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately
effective for the unexpired term.'.
On page 12, lines 5 through 7, delete the boldfaced material.
On page 15, line 14, delete 'reasonable' and insert '
professional'.
On page 18, delete lines 6 through 45.
On page 19, delete lines 1 through 3 and insert:
' { + SECTION 24. + } ORS 677.235 is amended to read:
' 677.235. (1) The Oregon Medical Board consists of 12 members
appointed by the Governor { - . - } { + and subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. All members of the board must be residents of this
state. Of the members of the board:
' (a) + }Seven { - of the members shall be appointed from
among persons having - } { + must have + }the degree of Doctor
of Medicine { - , - } { + ; + }
' { + (b) + }Two { - from among persons having - }
{ + must have + }the degree of Doctor of Osteopathy
{ - and - } { + ;
' (c) + } One { - from among persons having - } { + must
have + } the degree of Doctor of Podiatric Medicine { - . Of the
seven members who hold the degree of Doctor of Medicine, there
shall be at least one member appointed from each federal
congressional district. In addition to the 10 named persons
described, there shall be appointed - } { + ; and
' (d) + } Two { - public - } { + must be + }members { +
of the public + }representing health consumers { - . All
persons appointed must have been residents of this state for at
least seven years. - } { + who are not:
' (A) Otherwise eligible for appointment to the board; or
' (B) A spouse, domestic partner, child, parent or sibling of
an individual having the degree of Doctor of Medicine, Doctor of
Osteopathy or Doctor of Podiatric Medicine.
' (2)(a)(A) Board members required to possess the degree of
Doctor of Medicine may be selected by the Governor from a list of
three to five physicians for each physician member of the board
whose term expires in that year, submitted by the Oregon Medical
Association not later than February 1.
' (B) Board members required to possess the degree of Doctor of
Osteopathy may be selected by the Governor from a list of three
to five qualified physicians for each vacancy, submitted by the
Osteopathic Physicians and Surgeons of Oregon, Inc., not later
than February 1 of each odd-numbered year.
' (C) The board member required to possess the degree of Doctor
of Podiatric Medicine may be selected by the Governor from a list
of three to five qualified physicians submitted by the Oregon
Podiatric Medical Association not later than February 1 of each
fourth year.
' (b) + }The physician members and the member who is a
podiatric physician and surgeon must have been in the active
practice of their profession for at least five years immediately
preceding their appointment.
' { + (c) + } Neither the public members nor any person
{ - within the immediate family of the public members shall - }
{ + who is a spouse, domestic partner, child, parent or sibling
of a public member may + } be employed as a health professional
or in any health-related industry. { - The public members shall
be members of the investigative committee of the board. - }
' { + (d)(A) In selecting the members of the board, the
Governor shall strive to balance the representation on the board
according to geographic areas of this state and ethnic group.
' (B) Of the seven members who hold the degree of Doctor of
Medicine, there shall be at least one member appointed from each
federal congressional district. + }
' { - (2) Not later than February 1 of each year, the Oregon
Medical Association shall nominate three qualified physicians for
each physician member of the board whose term expires in that
year, and shall certify its nominees to the Governor. Not later
than February 1 of each odd-numbered year, the Osteopathic
Physicians and Surgeons of Oregon, Inc., shall nominate three
physicians possessing the degree of Doctor of Osteopathy and
shall certify its nominees to the Governor. Not later than
February 1 of each third year, the Oregon Podiatric Medical
Association shall nominate three podiatric physicians and
surgeons possessing the degree of Doctor of Podiatric Medicine
and shall certify its nominees to the Governor. The Governor
shall consider these nominees in selecting successors to retiring
board members. - }
' (3) { + (a) + } { - Each member of the board shall serve
for a term of three years beginning - } { + The term of office
of each board member is three years, but a member serves at the
pleasure of the Governor. A term begins + }on March 1 of the
year the member is appointed and
{ - ending - } { + ends + }on the last day of February of
the third year thereafter. No member shall serve more than two
consecutive terms.
' { + (b) + }If a vacancy occurs on the board, another
qualifying member possessing the same professional degree or
fulfilling the same public capacity as the person whose position
has been vacated shall be appointed as provided in this section
to fill the unexpired term.
' { - (4) All appointments of members of the board by the
Governor are subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. - } '.
On page 20, line 1, delete the boldfaced material.
On page 23, delete lines 8 through 45.
On page 24, delete lines 1 through 12 and insert:
' { + NOTE: + } Section 33 was deleted by amendment.
Subsequent sections were not renumbered.
' { + SECTION 34. + } ORS 678.140 is amended to read:
' 678.140. (1) There is created an Oregon State Board of
Nursing composed of nine members { - , - } { + appointed by
the Governor and subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. All members of the
board must be residents of this state. Of the members of the
board:
' (a) + } Five { - of whom shall - } { + must + }be
registered nurses { - , - } { + ;
' (b) + } Two { - of whom shall - } { + must + }be
licensed practical nurses { + ; + } and
' { + (c) + }Two { - of whom shall - } { + must + }be
members of the public who are otherwise not eligible for
appointment to the board.
' { + (2)(a) Board members required to be nurse members may
be selected by the Governor from a list of three to five nominees
for each vacancy, submitted two months before the expiration of
the term of office of a nurse member by:
' (A) The Oregon Nurses Association or any other professional
organization representing registered nurses, if the vacancy is in
a registered nurse position; or
' (B) The Oregon Licensed Practical Nurses Association or any
other professional organization representing licensed practical
nurses, if the vacancy is in a licensed practical nurse position.
' (b) Each nurse member must:
' (A) Be currently licensed and not under disciplinary status
with the board in the category for which appointed; and
' (B) Have at least five years' experience in the category in
which the nurse member is appointed, three of which were
immediately prior to appointment.
' (c) The public members and any person who is a spouse,
domestic partner, child, parent or sibling of a public member may
not be employed as a health professional or in any health-related
industry. + }
' { - (2) - } { + (d) + } In making appointments of
registered nurses, the Governor shall { - consider geographic
balance in making the appointments and shall - } ensure that the
following areas of practice are represented on the board:
' { - (a) - } { + (A) + } One nursing educator;
' { - (b) - } { + (B) + } One nursing administrator;
' { - (c) - } { + (C) + } Two nonsupervisory nurses involved
in direct patient care; and
' { - (d) - } { + (D) + } One nurse practitioner.
' (3) The members of the board shall be appointed by the
Governor for terms of three years, beginning on January 1. No
member shall be eligible to appointment for more than two
consecutive terms. { + A member serves at the pleasure of the
Governor. + }An unexpired term of a board member shall be filled
in the same manner as an original appointment is made. The
appointment shall be for the remainder of the unexpired term.
{ - All appointments of members of the board by the Governor are
subject to confirmation by the Senate pursuant to section 4,
Article III of the Oregon Constitution. - }
' { - (4) Two months before the expiration of the term of
office of a nurse member of the board, or when a vacancy occurs
in the office of a nurse member, the Oregon Nurses Association or
any other organization representing registered nurses, if the
vacancy is in a registered nurse position, or the Oregon Licensed
Practical Nurses Association or any other organization
representing licensed practical nurses, if the vacancy is in a
licensed practical nurse position, may submit a list of three
names of persons qualified for the appointment. The appointment
of nurse members or practical nurse members may be made from the
respective lists. - }
' { - (5) At the time of appointment, each member of the board
must be a citizen of the United States and a resident of Oregon.
Each nurse member must be currently licensed and not under
disciplinary status with the board in the category for which
appointed with at least five years' experience therein, three of
which were immediately prior to appointment. The public members
and any person in the immediate family of the public members
shall not be employed as a health professional or in any
health-related industry. - }
' { - (6) The Governor may remove a member of the board for
cause. - } '.
On page 27, delete lines 22 through 45.
On page 28, delete lines 1 through 17 and insert:
' { + SECTION 38. + } ORS 678.800 is amended to read:
' 678.800. (1) There is hereby created a Board of Examiners of
Nursing Home Administrators { - in the Department of Human
Services - } . { + The board consists of nine members appointed
by the Governor and subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. All members of the
board must be concerned with the care and treatment of the
chronically ill or infirm elderly patients and must be residents
of this state. Of the members of the board: + }
' { - (2) The board shall be composed of nine individuals
concerned with the care and treatment of the chronically ill or
infirm elderly patients and shall be appointed by the Governor
after consultation with the associations and societies
appropriate to the professions and institutions: - }
' (a) Three { - members shall - } { + must + } be nursing
home administrators licensed under ORS 678.710 to 678.780,
678.800 to 678.840 and 678.990 (2);
' (b) One { + must be + }a medical doctor licensed by the
Oregon Medical Board actively engaged in private practice and
conversant with the care and treatment of the long-term patient;
' (c) One { + must be a + }licensed professional nurse
actively engaged in caring for chronically ill and infirm
patients and licensed by the Oregon State Board of Nursing;
' { - (d) Three members representative of the public at large,
at least one of whom shall be at least 62 years of age; - }
' { - (e) - } { + (d) One must be + } a pharmacist licensed
by the State Board of Pharmacy; and
' { + (e) Three must be members of the public who are not:
' (A) Otherwise eligible for appointment to the board; or
' (B) A spouse, domestic partner, child, parent or sibling of a
nursing home administrator.
' (2)(a) Board members required to be nursing home
administrators may be selected by the Governor from a list of
three to five nominees submitted by any professional organization
representing nursing home administrators. + }
' { - (f) - } { + (b) + } Except for those persons described
in paragraph (a) of this subsection, no member of the board
{ - shall - } { + may + } have a direct financial interest in
a nursing home.
' { - (3) All members of the board shall be citizens of the
United States or shall have declared their intent to become
citizens of the United States and shall be residents of this
state. - }
' { + (c) + }No more than two of the members of the board
may be officials or full-time employees of state or local
governments.
' { + (d) At least one public member must be at least 62
years of age.
' (e) No public members of the board may hold any pecuniary
interest in, or have any employment contract with, a long term
care facility.
' (f) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group. + }
' { - (4) - } { + (3) + } The term of office of each member
is three years but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on July 1
next following. A member is eligible for reappointment but no
member shall serve more than two consecutive terms. If there is a
vacancy for any cause the Governor shall make an appointment to
become immediately effective for the unexpired term.
' { - (5) All appointments of members of the board by the
Governor are subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. - }
' { - (6) - } { + (4) + } The members of the board are
entitled to compensation and expenses as provided in ORS 292.495.
' { - (7) No public members of the board shall hold any
pecuniary interest in, or have any employment contract with, a
long term care facility. - } '.
On page 30, delete lines 28 through 45.
On page 31, delete lines 1 through 18 and insert:
' { + SECTION 40. + } ORS 679.230 is amended to read:
' 679.230. { + (1) + }The Oregon Board of Dentistry
{ - shall consist - } { + consists + }of nine members { - . A
member shall be - } appointed { - to the board - } by the
Governor { - upon the expiration of the term of office of each
of the preceding board members. Appointments to the board by the
Governor are - } { + and + }subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565.
{ - Each member shall hold the office for four years and until
the member's successor is appointed and qualified. - } { + All
members of the board must be residents of this state. Of the
members of the board:
' (a) Six must be Oregon active licensed dentists, of which at
least one must be a dentist practicing in a dental specialty
recognized by the American Dental Association;
' (b) Two must be Oregon active licensed dental hygienists; and
' (c) One must be a member of the public who is not:
' (A) Otherwise eligible for appointment to the board; or
' (B) A spouse, domestic partner, child, parent or sibling of a
dentist or dental hygienist.
' (2)(a) Board members required to be Oregon active licensed
dentists or dental hygienists may be selected by the Governor
from a list of three to five nominees for each vacancy, submitted
by:
' (A) The Oregon Dental Association, if the vacancy is in a
dentist position;
' (B) The Oregon Dental Hygienists' Association, if the vacancy
is in a dental hygienist position; or
' (C) Any of the professional organizations representing a
dental specialty, if the vacancy is in a dental specialty
position.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group.
' (3) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. + }Terms of
office begin on the first Monday of April after the time of
appointment.
{ - No person is eligible to membership on the board who is not
a citizen of the United States or a resident of the State of
Oregon. Six members shall be Oregon active licensed dentists, of
which at least one shall be a dentist practicing in a dental
specialty recognized by the American Dental Association, one
member shall be a public member and two members shall be Oregon
active licensed dental hygienists. Appointments of dentists made
by the Governor to the Oregon Board of Dentistry may be selected
by the Governor from a list of five names for each appointment
suggested by the Oregon Dental Association. Appointments of
dental hygienists made by the Governor to the Oregon Board of
Dentistry may be selected by the Governor from a list of five
names suggested by the Oregon Dental Hygienists' Association.
Appointments of dental specialists by the Governor to the Oregon
Board of Dentistry may be selected by the Governor from one name
suggested by each of the organizations representing a dental
specialty. - }
' { + (4) + }Members { + of the board + } are entitled to
compensation and expenses as provided in ORS 292.495.'.
On page 33, delete lines 36 through 45.
On page 34, delete lines 1 through 9 and insert:
' { + SECTION 43a. + } ORS 681.400 is amended to read:
' 681.400. (1) There is established a State Board of Examiners
for Speech-Language Pathology and Audiology
{ - consisting - } { + . The board consists + } of seven
members appointed by the Governor { - . - } { + and subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. All members of the board must be residents of this
state. Of the members of the board:
' (a) Two must be audiologists licensed under this chapter.
' (b) Two must be speech-language pathologists licensed under
this chapter.
' (c) One must be a person licensed to practice medicine who
also holds board certification from the American Board of
Otolaryngology.
' (d) Two must be members of the public who are not:
' (A) Otherwise eligible for appointment to the board; or
' (B) A spouse, domestic partner, child, parent or sibling of
an audiologist, speech-language pathologist or a person licensed
to practice medicine who also holds board certification from the
American Board of Otolaryngology.
' (2)(a) Board members required to be licensed audiologists or
licensed speech-language pathologists may be selected by the
Governor from a list of three to five nominees for each vacancy,
submitted by:
' (A) Any professional organization representing audiologists,
if the vacancy on the board is for an audiologist position; or
' (B) Any professional organization representing
speech-language pathologists, if the vacancy on the board is for
a speech-language pathologist position.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group. + }
' { - (2) - } { + (3) + } The term of office of each member
is three years, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on July 1
next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
' { + SECTION 44. + } ORS 681.410 is amended to read:
' 681.410. { - (1) Of the membership of the State Board of
Examiners for Speech-Language Pathology and Audiology: - }
' { - (a) All members must be residents of this state. - }
' { - (b) Two members must be audiologists licensed under this
chapter. - }
' { - (c) Two members must be speech-language pathologists
licensed under this chapter. - }
' { - (d) One member must be a person licensed to practice
medicine who also holds board certification from the American
Board of Otolaryngology. - }
' { - (e) Two members must be public members who do not
possess the qualifications of any member described in paragraphs
(b) to (d) of this subsection. - }
' { - (2) - } A member of the { - board - } { + State
Board of Examiners for Speech-Language Pathology and
Audiology + } shall receive compensation and expenses as provided
in ORS 292.495.'.
On page 35, delete lines 22 through 45.
On page 36, delete lines 1 through 11 and insert:
' { + SECTION 47. + } ORS 683.250 is amended to read:
' 683.250. { + (1) + } The Oregon Board of Optometry
{ - shall operate - } { + operates + }as a semi-independent
state agency subject to ORS 182.456 to 182.472, for the purpose
of carrying out this chapter. The board { - shall consist - }
{ + consists + }of five members appointed by the Governor
{ - . Each member of the board shall qualify by taking and
subscribing the oath of office required by the Constitution,
which shall be filed in the office of the Secretary of State. - }
{ + and subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. All members of the board
must be residents of this state. Of the members of the board:
' (a) + }Four { - of the members of this board shall - }
{ + must + }be doctors of optometry licensed and in practice in
Oregon { + ; + } and { - the fifth member shall be a public - }
' { + (b) One + }member { + must be a member of the public
who + }
{ - representing - } { + represents + }health consumers
{ - . Each of the members shall hold office for a term of three
years or until a successor is appointed and qualified and shall
be so classified - } { + and who:
' (A) Is not otherwise eligible for appointment to the board;
' (B) Is not the spouse, domestic partner, child, parent or
sibling of a doctor of optometry; and
' (C) Does not have a direct or indirect relationship to health
care professionals, to the health care industry or to the
ophthalmic optical industry.
' (2)(a) Board members required to be a doctor of optometry may
be selected by the Governor from a list of three to five nominees
for each vacancy, submitted by a professional organization
representing doctors of optometry.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group.
' (3) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. The terms must be
staggered so + }that at least one optometrist member of the
board retires each year.
' { + (4) Each member of the board shall qualify by taking
and subscribing the oath of office required by the Oregon
Constitution, which shall be filed in the office of the Secretary
of State.
' (5) + } A majority of the members { - constitute - }
{ + constitutes + } a quorum for the transaction of business.
' { + SECTION 48. + } ORS 683.260 is amended to read:
' 683.260. (1) { - No person is eligible to membership on the
Oregon Board of Optometry who - } { + A person may not be a
member of the Oregon Board of Optometry if the person + } is a
stockholder in, or owner of, or a member of the faculty of or of
the board of trustees of any school of optometry. { - The
person appointed to represent health consumers and any person in
the immediate family of the person shall not have any direct or
indirect relationships to health care professionals, to the
health care industry or to the ophthalmic optical industry. - }
' (2) { - No - } { + A + } member of the board
{ - shall - } { + may not + } be financially interested in any
purchase or contract in which the board is interested.
{ - No - } { + A + } member of the board { - shall - }
{ + may not + } be financially interested in the sale of any
property or optical supplies to any prospective candidate for
examination before the board.'.
On page 39, delete lines 30 through 45.
On page 40, delete lines 1 through 4 and insert:
' { + SECTION 52. + } ORS 684.130 is amended to read:
' 684.130. (1) There is established the State Board of
Chiropractic Examiners. { - The board shall be composed of five
chiropractors and two public members who are residents of this
state. - } { + The board consists of seven members appointed by
the Governor and subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. All members of the
board must be residents of this state. Of the members of the
board:
' (a) Five must be chiropractors; and
' (b) Two must be members of the public who are not
chiropractors or a spouse, domestic partner, child, parent or
sibling of a chiropractor.
' (2)(a) Board members required to be chiropractors may be
selected by the Governor from a list of three to five nominees
for each vacancy, submitted by any professional organization
representing chiropractors.
' (b) + } The chiropractor members must have practiced
chiropractic in this state for five years prior to appointment.
' { + (c) In selecting the members of the board, the Governor
shall strive to balance the representation on the board according
to:
' (A) Geographic areas of this state; and
' (B) Ethnic group.
' (3) + } Annually, upon the expiration of the term of any
{ - members - } { + member + } of the board, the Governor
shall appoint one or more qualified persons to the board to serve
for a period of three years. { + A member serves at the pleasure
of the Governor. + }
' { - (2) The Governor shall fill vacancies on the board,
occasioned by death or otherwise. Upon sufficient proof to the
Governor of the inability or misconduct of a member of the board,
the member shall be dismissed and the Governor shall appoint as
successor a person qualified to fill the vacancy. - }
' { - (3) All appointments of members of the board by the
Governor are subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. - } '.
Delete lines 15 through 23 and insert:
' { + NOTE: + } Section 55 was deleted by amendment.
Subsequent sections were not renumbered.'.
On page 41, delete lines 25 through 45.
On page 42, delete lines 1 through 3 and insert:
' { + SECTION 57. + } ORS 685.160 is amended to read:
' 685.160. (1) There hereby is created the Board of
Naturopathic Examiners { - in the Department of Human
Services - } . The board { - shall consist - } { +
consists + } of seven members appointed by the Governor { - for
terms of three years commencing - } { + and subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. All members of the board must be residents of this
state. Of the members of the board:
' (a) Five must be naturopathic physicians who have each
practiced continuously in this state for the five years
immediately prior to the date of appointment.
' (b) Two must be members of the general public who are not
naturopathic physicians or a spouse, domestic partner, child,
parent or sibling of a naturopathic physician.
' (2)(a) Board members required to be naturopathic physicians
may be selected by the Governor from a list of three to five
nominees for each vacancy, submitted by a professional
organization representing naturopathic physicians.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group.
' (3) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. A term of office
commences + } July 1 { - , and - } { + . Unless a member is
removed prior to the end of the term, a member continues to serve
on the board + } until
{ - their successors are - } { + a successor is + } appointed
and qualified. A majority of the members of the board constitutes
a quorum. If there is a vacancy for any cause, the Governor shall
appoint a member to serve for the remainder of the unexpired
term. { - All appointments of members of the board by the
Governor are subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. - }
' { - (2) Of the membership of the Board of Naturopathic
Examiners: - }
' { - (a) All members must be citizens of this state. - }
' { - (b) Five members shall be naturopaths who have each
practiced continuously in this state for the five years
immediately prior to the date of appointment. - }
' { - (c) Two shall be members of the general public who do
not possess the qualifications set forth in paragraph (b) of this
subsection. - }
' { - (3) - } { + (4) + } The board shall carry into effect
the provisions of this chapter and is authorized to issue
licenses to practice naturopathic medicine in this state. The
possession of a common seal by the board hereby is authorized.'.
On page 43, delete lines 34 through 36 and insert:
' (2) All members of the board must be residents of this state.
A public member may not be a person licensed under this chapter
or a person who has a spouse, domestic partner, child, parent or
sibling who is licensed under this chapter.'.
On page 46, delete lines 20 through 45.
On page 47, delete lines 1 through 19 and insert:
' { + SECTION 64. + } ORS 687.115 is amended to read:
' 687.115. (1) The State Board of Massage Therapists
{ - shall operate - } { + operates + } as a semi-independent
state agency subject to ORS 182.456 to 182.472, for purposes of
carrying out the provisions of ORS 687.011 to 687.250, 687.895
and 687.991. The board { - shall be composed of - }
{ + consists of + } seven members { - , - } { + appointed by
the Governor and subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. All members of the
board must be residents of this state. Of the members of the
board:
' (a) + }Four { - of whom shall - } { + must + } be
licensed massage therapists { - and - } { + .
' (b) + } Three { - of whom shall - } { + must + } be
members of the public, including one public member selected from
a health related field { - , who shall be appointed by the
Governor for terms of four years. Members serve at the option of
the Governor - } . { + Public members may not be:
' (A) Massage therapists; or
' (B) A spouse, domestic partner, child, parent or sibling of a
massage therapist.
' (2)(a) Board members required to be licensed massage
therapists may be selected by the Governor from a list of three
to five nominees for each vacancy, submitted by a professional
organization representing massage therapists.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group.
' (3) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. + }
' { - (2) - } { + (4) + } Members are entitled to
compensation and expenses as determined by the board.
' { - (3) - } { + (5) + } The board may:
' (a) Hold meetings at times and locations determined by the
board.
' (b) Hire, define the duties and fix the salary of an
administrator who may hire and define the duties and provide
supervision and evaluation of other employees as necessary to
carry out the provisions of ORS 687.011 to 687.250, 687.895 and
687.991. The administrator, with approval of the board, may also
employ special consultants. All salaries, compensation and
expenses incurred or allowed shall be paid out of funds received
by the board.
' { + NOTE: + } Section 65 was deleted by amendment.
Subsequent sections were not renumbered.'.
On page 49, delete lines 42 through 45 and delete page 50.
On page 51, delete lines 1 through 20 and insert:
' { + SECTION 67. + } ORS 688.160 is amended to read:
' 688.160. (1) The Physical Therapist Licensing Board
{ - shall operate - } { + operates + } as a semi-independent
state agency subject to ORS 182.456 to 182.472, for purposes of
carrying out the provisions of ORS 688.010 to 688.201 and 688.990
(1). The Physical Therapist Licensing Board { - shall
consist - } { + consists + } of seven members appointed by the
Governor { - who may be appointed from a list of not fewer than
nine names, submitted by the Oregon Physical Therapy
Association. - } { + and subject to confirmation by the Senate
in the manner provided in ORS 171.562 and 171.565. All members of
the board must be residents of this state. Of the members of the
board:
' (a) + } Five { - members shall - } { + must + } be
physical therapists who are Oregon residents, possess
unrestricted licenses to practice physical therapy in this state,
have been practicing in this state for at least two years
immediately preceding their appointments and have been practicing
in the field of physical therapy for at least five years.
' { + (b) + } One { - member shall - } { + must + } be a
licensed physical therapist assistant.
' { + (c) + } One { - member shall - } { + must + } be a
public member who has an interest in consumer rights { - . - }
{ + and who is not:
' (A) Otherwise eligible for appointment to the board; or
' (B) The spouse, domestic partner, child, parent or sibling of
a physical therapist or physical therapist assistant. + }
{ - All members shall have equal voting privileges. - }
' (2) { + (a) Board members required to be physical therapists
or physical therapist assistants may be selected by the Governor
from a list of three to five nominees for each vacancy, submitted
by the Oregon Physical Therapy Association.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group.
' (3)(a) + } { - Upon the expiration of the term of a member
of the board, the Governor shall appoint a successor who may be
appointed from a list of three names submitted to the Governor by
the Oregon Physical Therapy Association to serve a term of four
years. A member may not serve for more than two consecutive
four-year terms. - } { + The term of office of each member is
four years, but a member serves at the pleasure of the
Governor. + }
' { - (3) - } { + (b) + } In the event of a vacancy in the
office of a member of the board other than by reason of the
expiration of a term, the Governor, not later than 90 days after
the occurrence of the vacancy, shall appoint a person to fill the
vacancy for the unexpired term. { - The person may be appointed
from a list of three names submitted as provided in subsection
(2) of this section. If requested by the board, the Governor may
remove any member of the board for misconduct, incompetence or
neglect of duty. - }
' (4) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
' (5) A board member who acts within the scope of board duties,
without malice and in reasonable belief that the member's action
is warranted by law, is immune from civil liability.
' (6) The board shall have power to:
' (a) Establish matters of policy affecting administration of
ORS 688.010 to 688.201;
' (b) Provide for examinations for physical therapists and
physical therapist assistants and adopt passing scores for the
examinations;
' (c) Adopt rules necessary to carry out and enforce the
provisions of ORS 688.010 to 688.201;
' (d) Establish standards and tests to determine the
qualifications of applicants for licenses to practice physical
therapy in this state;
' (e) Issue licenses to persons who meet the requirements of
ORS 688.010 to 688.201;
' (f) Adopt rules relating to the supervision and the duties of
physical therapist aides who assist in performing routine work
under supervision;
' (g) Adopt rules establishing minimum continuing education
requirements for all licensees;
' (h) Exercise general supervision over the practice of
physical therapy within this state;
' (i) Establish and collect fees for the application or
examination for, or the renewal, reinstatement or duplication of,
a license under ORS 688.040, 688.080 or 688.100 or for the
issuance of a temporary permit under ORS 688.110; and
' (j) Establish and collect fees to carry out and enforce the
provisions of ORS 688.010 to 688.201.
' (7) The board shall meet as determined by the board and at
any other time at the call of the board chairperson, who shall be
elected by the members of the board.
' (8) The board may appoint and fix the compensation of
{ - an executive director and other - } staff as necessary to
carry out the operations of the board.
' (9) The board shall:
' (a) Maintain a current list of all persons regulated under
ORS 688.010 to 688.201, including the persons' names, current
business and residential addresses, telephone numbers, electronic
mail addresses and license numbers.
' (b) Provide information to the public regarding the procedure
for filing a complaint against a physical therapist or physical
therapist assistant.
' (c) Publish at least annually, and in a format or place
determined by the board, final disciplinary actions taken against
physical therapists and physical therapist assistants and other
information, including rules, in order to guide physical
therapists and physical therapist assistants regulated pursuant
to ORS 688.010 to 688.201.'.
On page 52, delete lines 2 through 45.
On page 53, delete lines 1 through 4 and insert:
' { + SECTION 69. + } ORS 688.545 is amended to read:
' 688.545. (1) { - (a) - } There is created { - in the
Department of Human Services - } a Board of Radiologic
Technology { - consisting of nine members who shall be
appointed by the Governor - } . { + The board consists of nine
members appointed by the Governor and subject to confirmation by
the Senate in the manner provided in ORS 171.562 and 171.565. + }
Each member of the board { - shall be a citizen of the United
States and - } { + must be + } a resident of { - the - }
{ + this + } state { - of Oregon. Each appointed member is
entitled to vote - } .
' { - (b) - } Of the members of the board:
' { - (A) - } { + (a) + } One { - shall - } { + must + }
be a radiologist;
' { - (B) At least one shall be a lay person; - }
' { - (C) - } { + (b) + } At least one { - shall - } { +
must + } be a limited permit holder; { - and - }
' { - (D) - } { + (c) + } At least five { - shall - }
{ + must + } be licensed practicing radiologic technologists,
one of whom { - shall - } { + must + } be a radiation
therapist { - . - } { + ; and
' (d) At least one must be a member of the public. A public
member appointed under this paragraph may not be:
' (A) Otherwise eligible for appointment to the board; or
' (B) The spouse, domestic partner, child, parent or sibling of
a radiologist, limited permit holder or radiologic technologist.
' (2)(a) Board members required to be limited permit holders or
licensed practicing radiologic technologists may be selected by
the Governor from a list of three to five nominees for each
vacancy, submitted by:
' (A) A professional organization representing limited permit
holders, if the vacancy is in a limited permit holder position;
' (B) A professional organization representing radiation
therapists, if the vacancy is in the radiation therapist
position; or
' (C) A professional organization representing radiologic
technologists, if the vacancy is in a radiologic technologist or
radiation therapist position.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group. + }
' { - (2) - } { + (3) + } The section manager of the
Radiation Protection Services Section of the Department of Human
Services, or a person appointed by the section manager, shall be
an advisory member of the board for the purpose of providing
counsel and { - shall not be - } { + is not + } entitled to
vote.
' { - (3) - } { + (4) + } The term of office of the members
of the board
{ - shall be - } { + is + } three years { - and - } { + ,
but a member serves at the pleasure of the Governor. + } A member
may be reappointed to serve not more than two full terms.
' { - (4) - } { + (5) + } Members of the board { - shall
be - } { + are + } entitled to compensation and expenses as
provided in ORS 292.495.
' { - (5) - } { + (6) + } The board shall annually elect a
board chairperson and a vice chairperson from the members of the
board.
' { - (6) - } { + (7) + } For the purpose of transacting its
business, the board shall meet at least once every three months
at times and places designated by resolution. Special meetings
may also be held at such times as the board may elect or at the
call of the chairperson. Notification of the time, place and
purpose of any special meeting shall be sent to all members of
the board at least 15 days before the date of the meeting. All
meetings are subject to ORS 192.610 to 192.690.
' { - (7) - } { + (8) + } Five members of the board
{ - shall - } constitute a quorum for the transaction of
business at any meeting. Five affirmative votes { - shall
be - } { + are + } required to take action.
' { + NOTE: + } Section 70 was deleted by amendment.
Subsequent sections were not renumbered.'.
On page 56, delete lines 6 through 45 and delete page 57.
On page 58, delete lines 1 through 16 and insert:
' { + SECTION 72. + } ORS 689.115 is amended to read:
' 689.115. (1) The State Board of Pharmacy { - shall
consist - } { + consists + } of seven members { - , two of whom
shall be representatives of the public, and the remaining Five of
whom shall - } { + appointed by the Governor and subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. All members of the board must be residents of this
state. Of the members of the board:
' (a) Five must + } be licensed pharmacists. { - The members
shall possess the qualifications specified in subsections (2) and
(3) of this section. - }
' { + (b) Two must be members of the public who are not
licensed pharmacists or a spouse, domestic partner, child, parent
or sibling of a pharmacist.
' (2)(a) Board members required to be licensed pharmacists may
be selected by the Governor from a list of three to five nominees
for each vacancy, submitted by a task force assembled by the
Oregon State Pharmacists Association to represent all of the
interested pharmacy groups. + }
' { - (2) - } { + (b) + } The public members of the State
Board of Pharmacy
{ - shall be residents of this state who - } { + must be
individuals who:
' (A) + }Have attained the age of majority { - and shall not
be nor shall they ever have been a member - } { + ;
' (B) Are not former members + }of the profession of pharmacy
{ - , or persons who have any immediate family in the profession
of pharmacy or persons who have ever had - } { + ;
' (C) Do not have and have never had + } any material financial
interest in the providing of pharmacy service { - or who
have - } { + ; and
' (D) Have not + } engaged in any activity directly related to
the practice of pharmacy.
' { - (3) - } { + (c) + } The licensed pharmacist members of
the board
{ - shall - } { + must + } at the time of their appointment:
' { - (a) Be residents of this state; - }
' { - (b) - } { + (A) + } Be licensed and in good standing
to engage in the practice of pharmacy in this state;
' { - (c) - } { + (B) + } Be engaged in the practice of
pharmacy in this state; and
' { - (d) - } { + (C) + } Have five years of experience in
the practice of pharmacy in this state after licensure.
' { + (d) In selecting the members of the board, the Governor
shall strive to balance the representation on the board according
to:
' (A) Geographic areas of this state; and
' (B) Ethnic group. + }
' { - (4) The Governor shall appoint the members of the State
Board of Pharmacy, subject to the advice and consent of the
Senate, and in accordance with the other provisions of subsection
(5) of this section. - }
' { - (5) At least five recommendations for appointment to
each vacancy on the board may be made to the Governor by a task
force assembled by the Oregon State Pharmacists Association to
represent all of the interested pharmacy groups. Such nominations
shall be recommendations only and shall not be binding in any
manner upon the Governor. - }
' { - (6) - } { + (3) + } { - Any vacancy which occurs in
the membership of the board for any reason, including expiration
of term, removal, resignation, death, disability or
disqualification, shall be filled by the Governor in the manner
prescribed by subsections (4) and (5) of this section. - }
{ + The term of office of each member is three years, but a
member serves at the pleasure of the Governor. + } The Governor
shall fill vacancies which occur by expiration of full terms
within 90 days prior to each date of expiration, and shall fill
vacancies which occur for any other reason within 60 days after
each such vacancy occurs.
' { + SECTION 73. + } { + ORS 689.125 is repealed. + }
' { + NOTE: + } Section 74 was repealed. Subsequent sections
were not renumbered.'.
On page 61, delete lines 13 through 33 and insert:
' { + SECTION 81. + } ORS 691.485 is amended to read:
' 691.485. (1) There is established a Board of Examiners of
Licensed Dietitians { - within the Department of Human
Services - } for the purpose of carrying out and enforcing the
provisions of ORS 691.405 to 691.585. { + The board consists of
seven members appointed by the Governor and subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. All members of the board must be residents of this
state. Of the members of the board: + }
' { - (2) The board shall consist of seven members appointed
by the department of which: - }
' (a) Two { - are - } { + must be + } members of the
general public { + who are not otherwise qualified for
membership on the board and who are not a spouse, domestic
partner, child, parent or sibling of a licensed dietitian + };
' (b) One { - is - } { + must be + } a physician trained in
clinical nutrition; and
' (c) Four { - are - } { + must be licensed + }dietitians
{ - licensed under ORS 691.405 to 691.585 - } who have been
engaged in the practice of dietetics for no fewer than five
years.
' { + (2)(a) Board members required to be licensed dietitians
may be selected by the Governor from a list of three to five
nominees for each vacancy, submitted by a professional
organization representing dietitians.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group. + }
' { - (3) Members of the board shall be appointed for
three-year terms and are eligible for reappointment, but none
shall serve more than two consecutive terms. - }
' { + (3) The term of office of each member is three years,
but a member serves at the pleasure of the Governor. + }
' (4) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495.'.
On page 62, lines 12 and 13, delete the boldfaced material.
On page 63, delete lines 43 through 45.
On page 64, delete lines 1 through 22 and insert:
' { + SECTION 85. + } ORS 692.300 is amended to read:
' 692.300. (1) There is created the State Mortuary and Cemetery
Board { - in the Department of Human Services - } to carry out
the purposes and enforce the provisions of this chapter.
{ - The board shall consist of 11 members. The members of the
board shall be as follows: - } { + The board consists of 11
members appointed by the Governor and subject to confirmation by
the Senate in the manner provided in ORS 171.562 and 171.565. All
members of the board must be residents of this state. Of the
members of the board: + }
' (a) Two members { - shall - } { + must + } be licensed
funeral service practitioners. One of the members under this
paragraph { - shall - } { + must + } be a funeral service
practitioner who does not offer embalming.
' (b) One member { - shall - } { + must + } be a licensed
embalmer.
' (c) Three members { - shall - } { + must + } be
representatives of cemeteries, one representing for-profit
cemeteries, one representing a city or county owned or operated
cemetery and one representing a special district owned or
operated cemetery.
' (d) One member { - shall - } { + must + } be a
representative of a crematorium.
' (e) Four members { - shall - } { + must + } be
representatives of the public, one of whom { - shall - }
{ + must + } be a member of a recognized senior citizen
organization.
' { + (2)(a) Board members required to be licensed funeral
service practitioners or licensed embalmers may be selected by
the Governor from a list of three to five nominees for each
vacancy, submitted by:
' (A) Any professional organization representing funeral
service practitioners, if the vacancy on the board is for a
funeral service practitioner position; or
' (B) Any professional organization representing embalmers, if
the vacancy on the board is for an embalmer position.
' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
' (A) Geographic areas of this state; and
' (B) Ethnic group. + }
' { - (2) - } { + (3) + }The term of office of the members
of the board shall be four years ending on December 31 { + , but
a member serves at the pleasure of the Governor + }. A member is
eligible for no more than two consecutive terms. { - They shall
be appointed by the Governor and hold office until the
appointment and qualification of their successors. - } '.
On page 65, delete lines 6 through 21 and insert:
' { + SECTION 87. + } { + (1) The amendments to ORS 676.165
and 676.608 by sections 5 and 5a of this 2009 Act apply to
complaints received on or after the effective date of this 2009
Act.
' (2) The amendments to ORS 675.100, 675.310, 675.590, 675.775,
677.235, 678.140, 678.800, 679.230, 681.400, 681.410, 683.250,
683.260, 684.130, 685.160, 686.210, 687.115, 688.160, 688.545,
689.115, 691.485 and 692.300 by sections 7, 10, 15, 18, 24, 34,
38, 40, 43a, 44, 47, 48, 52, 57, 61, 64, 67, 69, 72, 81 and 85 of
this 2009 Act:
' (a) Apply to board membership appointments made on or after
the effective date of this 2009 Act; and
' (b) Do not disqualify any member of a board appointed before
the effective date of this 2009 Act from completing the term to
which the member was appointed.
' (3) Sections 4 and 5c of this 2009 Act and the amendments to
ORS 675.130, 675.320, 675.600, 675.785, 677.275, 678.150,
679.250, 681.450, 685.170, 686.210, 688.160, 688.555, 689.165,
691.505 and 692.320 by sections 8, 11, 16, 19, 27, 35, 41, 45,
58, 61, 67, 70, 75, 82 and 86 of this 2009 Act do not affect the
employment status or seniority of any person employed by a health
professional regulatory board before the effective date of this
2009 Act.
' (4) Section 2 of this 2009 Act applies to persons who receive
a license or whose license is renewed on or after the effective
date of this 2009 Act. + } ' .
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