75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to B-Eng. HB 2118 (A to RC)
LC 964/HB 2118-B10
SENATE AMENDMENTS TO
B-ENGROSSED HOUSE BILL 2118
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By JOINT COMMITTEE ON WAYS AND MEANS
June 26
On page 1 of the printed B-engrossed bill, line 9, after '
692.320' insert 'and section 38, chapter 43, Oregon Laws 2009
(Enrolled Senate Bill 131), and section 50, chapter ___, Oregon
Laws 2009 (Enrolled Senate Bill 177)'.
In line 10, before the period insert 'and section 1, chapter
43, Oregon Laws 2009 (Enrolled Senate Bill 131), and section 2,
chapter ___, Oregon Laws 2009 (Enrolled Senate Bill 177)'.
On page 49, line 7, after 'practice' insert 'with'.
On page 67, after line 13, insert:
'
{ + CONFLICT AMENDMENTS + }
' { + SECTION 87. + } { + If House Bill 2058 becomes law,
sections 10 (amending ORS 675.310), 18 (amending ORS 675.775), 34
(amending ORS 678.140), 40 (amending ORS 679.230), 69 (amending
ORS 688.545) and 72 (amending ORS 689.115) of this 2009 Act are
repealed. + }
' { + SECTION 88. + } { + If Senate Bill 177 becomes law,
section 12 of this 2009 Act (amending ORS 675.510) is repealed
and ORS 675.510, as amended by section 1, chapter ___, Oregon
Laws 2009 (Enrolled Senate Bill 177), is amended to read: + }
' 675.510. As used in ORS 675.510 to 675.600, unless the
context requires otherwise:
' (1) 'Authorization to practice regulated social work' means a
certificate or license issued by the State Board of Licensed
Social Workers under ORS 675.510 to 675.600.
' (2) 'Clinical social work' means the professional practice of
applying principles and methods with individuals, couples,
families, children and groups, which include, but are not
restricted to:
' (a) Providing diagnostic, preventive and treatment services
of a psychosocial nature pertaining to personality adjustment,
behavior problems, interpersonal dysfunctioning or
deinstitutionalization;
' (b) Developing a psychotherapeutic relationship to employ a
series of problem solving techniques for the purpose of removing,
modifying, or retarding disrupted patterns of behavior, and for
promoting positive personality growth and development;
' (c) Counseling and the use of psychotherapeutic techniques,
such as disciplined interviewing which is supportive, directive
or insight oriented depending upon diagnosed problems,
observation and feedback, systematic analysis, and
recommendations;
' (d) Modifying internal and external conditions that affect a
client's behavior, emotions, thinking, or intrapersonal
processes;
' (e) Explaining and interpreting the psychosocial dynamics of
human behavior to facilitate problem solving; and
' (f) Supervising, administering or teaching clinical social
work practice.
' { - (3) 'Impaired clinical social worker' means a person who
is unable to perform the practice of clinical social work by
reason of mental illness, physical illness or alcohol or other
drug abuse. - }
' { - (4) - } { + (3) + } 'Regulated social worker' means a
clinical social work associate certified under ORS 675.537 or a
clinical social worker licensed under ORS 675.530.
' { - (5) - } { + (4) + } 'Unprofessional conduct' includes,
but is not limited to, any conduct or practice contrary to
recognized standards of ethics of the social work profession or
any conduct that constitutes or might constitute a danger to the
health or safety of a client or the public or in any other manner
fails or might fail to adhere to the recognized standards of the
profession.
' { + SECTION 88a. + } { + If Senate Bill 177 becomes law,
section 2, chapter ___, Oregon Laws 2009 (Enrolled Senate Bill
177) (amending ORS 675.510), is repealed and ORS 675.510, as
amended by section 1, chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 177), and section 88 of this 2009 Act, is amended to
read: + }
' 675.510. As used in ORS 675.510 to 675.600, unless the
context requires otherwise:
' (1) 'Authorization to practice regulated social work' means a
certificate or license issued by the State Board of Licensed
Social Workers under ORS 675.510 to 675.600.
' (2) 'Clinical social work' means the professional practice of
applying principles and methods with individuals, couples,
families, children and groups, which include, but are not
restricted to:
' (a) Providing diagnostic, preventive and treatment services
of a psychosocial nature pertaining to personality adjustment,
behavior problems, interpersonal dysfunctioning or
deinstitutionalization;
' (b) Developing a psychotherapeutic relationship to employ a
series of problem solving techniques for the purpose of removing,
modifying, or retarding disrupted patterns of behavior, and for
promoting positive personality growth and development;
' (c) Counseling and the use of psychotherapeutic techniques,
such as disciplined interviewing which is supportive, directive
or insight oriented depending upon diagnosed problems,
observation and feedback, systematic analysis, and
recommendations;
' (d) Modifying internal and external conditions that affect a
client's behavior, emotions, thinking, or intrapersonal
processes;
' (e) Explaining and interpreting the psychosocial dynamics of
human behavior to facilitate problem solving; and
' (f) Supervising, administering or teaching clinical social
work practice.
' (3) 'Regulated social worker' means a { + baccalaureate
social worker registered under section 6, chapter ___, Oregon
Laws 2009 (Enrolled Senate Bill 177), a master's social worker
licensed under section 7, chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 177), a + } clinical social work associate certified
under ORS 675.537 or a clinical social worker licensed under ORS
675.530.
' (4) 'Unprofessional conduct' includes, but is not limited to,
any conduct or practice contrary to recognized standards of
ethics of the social work profession or any conduct that
constitutes or might constitute a danger to the health or safety
of a client or the public or in any other manner fails or might
fail to adhere to the recognized standards of the profession.
' { + SECTION 88b. + } Section 50, chapter ___, Oregon Laws
2009 (Enrolled Senate Bill 177), is amended to read:
{ + Sec. 50. + } Sections 4a, 6, 7, 12a and 12b { + , chapter
___, Oregon Laws 2009 (Enrolled Senate Bill 177), + } { - of
this 2009 Act and - } the amendments to ORS { - 675.510
and - } 675.530 by { - sections 2 and 9 of this 2009 Act - }
{ + section 9, chapter ___, Oregon Laws 2009 (Enrolled Senate
Bill 177), and the amendments to ORS 675.510 by section 88a of
this 2009 Act + } become operative on January 1, 2011.
' { + SECTION 89. + } If House Bill 2345 becomes law and
Senate Bill 177 does not become law, ORS 675.583, as amended by
section 14 of this 2009 Act, is amended to read:
' 675.583. (1) A licensed clinical social worker shall report
to the State Board of Clinical Social Workers any information the
licensed clinical social worker has that appears to show that a
licensed clinical social worker { - has or may have a physical
illness that makes the clinical social worker unable to
practice - } { + is or may be an impaired professional as
defined in section 1, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2345) + }, or may be guilty of unprofessional conduct
according to the guidelines of the code of ethics, to the extent
that disclosure does not conflict with the requirements of ORS
675.580.
' (2) Any information that the board obtains pursuant to
subsection (1) of this section is confidential as provided under
ORS 676.175.
' (3) Any person who reports or provides information to the
board under subsection (1) of this section in good faith
{ - shall not be - } { + is not + } subject to an action for
civil damages as a result
{ - thereof - } { + of reporting or providing information to
the board + }.
' { + SECTION 89a. + } { + If Senate Bill 177 becomes law,
section 14 of this 2009 Act (amending ORS 675.583) is repealed
and ORS 675.583, as amended by section 18, chapter ___, Oregon
Laws 2009 (Enrolled Senate Bill 177), is amended to read: + }
' 675.583. (1) A regulated social worker shall report to the
State Board of Licensed Social Workers any information the
regulated social worker has that appears to show that a regulated
social worker { - is or may be an impaired social worker,
or - } { + has or may have a physical illness that makes the
regulated social worker unable to practice, or + } may have
engaged in unprofessional conduct according to the guidelines of
the code of ethics, to the extent that disclosure does not
conflict with the requirements of ORS 675.580.
' (2) Notwithstanding ORS 676.175, any information that the
board obtains pursuant to subsection (1) of this section is
confidential and may not be disclosed except as provided by the
board by rule.
' (3) A person who reports or provides information to the board
under subsection (1) of this section in good faith is not subject
to an action for civil damages as a result thereof.
' { + SECTION 89b. + } If both Senate Bill 177 and House Bill
2345 become law, ORS 675.583, as amended by section 18, chapter
___, Oregon Laws 2009 (Enrolled Senate Bill 177), and section 89a
of this 2009 Act, is amended to read:
' 675.583. (1) A regulated social worker shall report to the
State Board of Licensed Social Workers any information the
regulated social worker has that appears to show that a regulated
social worker { - has or may have a physical illness that makes
the regulated social worker unable to practice - } { + is or
may be an impaired professional as defined in section 1, chapter
___, Oregon Laws 2009 (Enrolled House Bill 2345) + }, or may have
engaged in unprofessional conduct according to the guidelines of
the code of ethics, to the extent that disclosure does not
conflict with the requirements of ORS 675.580.
' (2) Notwithstanding ORS 676.175, any information that the
board obtains pursuant to subsection (1) of this section is
confidential and may not be disclosed except as provided by the
board by rule.
' (3) A person who reports or provides information to the board
under subsection (1) of this section in good faith is not subject
to an action for civil damages as a result thereof.
' { + SECTION 89c. + } { + The amendments to ORS 675.583 by
sections 89 and 89b of this 2009 Act become operative on July 1,
2010. + }
' { + SECTION 90. + } { + If Senate Bill 177 becomes law and
House Bill 2058 does not become law, section 15 of this 2009 Act
(amending ORS 675.590) is repealed and ORS 675.590, as amended by
section 20, chapter ___, Oregon Laws 2009 (Enrolled Senate Bill
177), is amended to read: + }
' 675.590. (1) There is established a State Board of Licensed
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 clinical social workers licensed
under ORS 675.530; 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 clinical social
workers licensed under ORS 675.530 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 clinical social workers
licensed under ORS 675.530; and - }
' { - (b) Three members shall be public members 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.
' { + SECTION 90a. + } { + If both Senate Bill 177 and House
Bill 2058 become law, section 15 of this 2009 Act (amending ORS
675.590) is repealed. + }
' { + SECTION 91. + } { + If Senate Bill 177 becomes law,
section 16 of this 2009 Act (amending ORS 675.600) is repealed
and ORS 675.600, as amended by section 23, chapter ___, Oregon
Laws 2009 (Enrolled Senate Bill 177), is amended to read: + }
' 675.600. (1) The State Board of Licensed Social Workers
shall:
' (a) Pursuant to ORS chapter 183, make rules necessary to
carry out the provisions of ORS 675.510 to 675.600.
' (b) Publish annually a list of the names and addresses of all
persons who have been authorized to practice regulated social
work.
' (c) Establish a program for { - impaired - } { +
regulated + } social workers { + who have an impairment as
defined in section 1 of this 2009 Act or who are unable to
practice due to physical illness, + } to assist regulated social
workers to regain or retain their authorizations to practice
regulated social work and impose the requirement of participation
as a condition to reissuance or retention of the authorization.
' (d) Establish a voluntary arbitration procedure that may be
invoked with the consent of clients and regulated social workers
whereby disputes between clients and workers may be resolved.
' (e) Report to the Legislative Assembly on its activities
regarding authorizations to practice regulated social work during
the preceding biennium.
' { - (2) The board may appoint an administrator who may not
be a member of the board. The board shall fix the compensation
for the administrator. - }
' { - (3) - } { + (2) + } Any information obtained by the
board as part of the { - impaired social workers - }
program { + for regulated social workers who have an
impairment + } is confidential and may not be disclosed except as
provided by the board by rule.
' { + SECTION 91a. + } If House Bill 2345 becomes law and
Senate Bill 177 does not become law, ORS 675.600, as amended by
section 16 of this 2009 Act, is amended to read:
' 675.600. The State Board of Clinical Social Workers shall:
' (1) Pursuant to ORS chapter 183, make rules necessary to
carry out the provisions of ORS 675.510 to 675.600;
' (2) Publish annually a list of the names and addresses of all
persons who have been certified or licensed under ORS 675.510 to
675.600;
' { - (3) Establish a program for clinical social workers who
have an impairment as defined in section 1 of this 2009 Act or
who are unable to practice due to physical illness, to assist
licensed clinical social workers to regain or retain their
certification or licensure and impose the requirement of
participation as a condition to reissuance or retention of the
certificate or license; - }
' { - (4) - } { + (3) + } Establish a voluntary arbitration
procedure that may be invoked with the consent of clients and the
licensed clinical social workers whereby disputes between clients
and workers may be resolved; and
' { - (5) - } { + (4) + } Report to the Legislative Assembly
on its activities regarding the certification or licensure of
clinical social workers during the preceding biennium.
' { + SECTION 91b. + } If both House Bill 2345 and Senate
Bill 177 become law, ORS 675.600, as amended by section 23,
chapter ___, Oregon Laws 2009 (Enrolled Senate Bill 177), and
section 91 of this 2009 Act, is amended to read:
' 675.600. { - (1) - } The State Board of Licensed Social
Workers shall:
' { - (a) - } { + (1) + } Pursuant to ORS chapter 183, make
rules necessary to carry out the provisions of ORS 675.510 to
675.600.
' { - (b) - } { + (2) + } Publish annually a list of the
names and addresses of all persons who have been authorized to
practice regulated social work.
' { - (c) Establish a program for regulated social workers who
have an impairment as defined in section 1 of this 2009 Act or
who are unable to practice due to physical illness, to assist
regulated social workers to regain or retain their authorizations
to practice regulated social work and impose the requirement of
participation as a condition to reissuance or retention of the
authorization. - }
' { - (d) - } { + (3) + } Establish a voluntary arbitration
procedure that may be invoked with the consent of clients and
regulated social workers whereby disputes between clients and
workers may be resolved.
' { - (e) - } { + (4) + } Report to the Legislative Assembly
on its activities regarding authorizations to practice regulated
social work during the preceding biennium.
' { - (2) Any information obtained by the board as part of the
program for regulated social workers who have an impairment is
confidential and may not be disclosed except as provided by the
board by rule. - }
' { + SECTION 91c. + } If both House Bill 2345 and Senate
Bill 177 become law, ORS 675.600, as amended by section 23,
chapter ___, Oregon Laws 2009 (Enrolled Senate Bill 177), and
section 20, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2345), is amended to read:
' 675.600. { - (1) - } The State Board of Licensed Social
Workers shall:
' { - (a) - } { + (1) + } Pursuant to ORS chapter 183, adopt
rules necessary to carry out the provisions of ORS 675.510 to
675.600.
' { - (b) - } { + (2) + } Publish annually a list of the
names and addresses of all persons who have been authorized to
practice regulated social work.
' { - (c) - } { + (3) + } Establish a voluntary arbitration
procedure that may be invoked with the consent of clients and
regulated social workers whereby disputes between clients and
workers may be resolved.
' { - (d) - } { + (4) + } Report to the Legislative Assembly
on its activities regarding authorizations to practice regulated
social work during the preceding biennium.
' { - (2) The board may appoint an administrator who may not
be a member of the board. The board shall fix the compensation
for the administrator. - }
' { + SECTION 91d. + } { + The amendments to ORS 675.600 by
sections 91a, 91b and 91c of this 2009 Act become operative July
1, 2010. + }
' { + SECTION 92. + } If House Bill 3232 becomes law, ORS
676.608, as amended by section 5a of this 2009 Act, is amended to
read:
' 676.608. (1)(a) Upon its own motion, 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 93. + } { + If House Bill 2058 becomes law,
section 24 of this 2009 Act (amending ORS 677.235) is repealed
and ORS 677.235, as amended by section 5, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2058), 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 must have the degree of Doctor of Medicine;
' (b) Two must have the degree of Doctor of Osteopathy;
' (c) One must have the degree of Doctor of Podiatric Medicine;
and
' (d) Two must be members of the public representing health
consumers { + and + } 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 who is a
spouse, domestic partner, child, parent or sibling of a public
member may be employed as a health professional. { - The public
members are 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.
' (3)(a) The term of office of each board member is three
years, but a member serves at the pleasure of the Governor. The
terms must be staggered so that no more than four terms end each
year. A term begins on March 1 of the year the member is
appointed and ends on the last day of February of the third year
thereafter. A member may not 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.
' (c) A board member shall be removed immediately from the
board if, during the member's term, the member:
' (A) Is not a resident of this state;
' (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused; or
' (C) Is not a current licensee or a retired licensee whose
license was in good standing at the time of retirement, if the
board member was appointed to serve on the board as a licensee.
' (4) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
' { + SECTION 94. + } If House Bill 2345 becomes law, ORS
678.112, as amended by section 32 of this 2009 Act, is amended to
read:
' 678.112. { - (1) When a person licensed to practice nursing
voluntarily seeks treatment for an impairment or physical problem
that otherwise may lead to formal disciplinary action under ORS
678.111, the Oregon State Board of Nursing may abstain from
taking such formal disciplinary action if the board finds that
the licensee can be treated effectively and that there is no
danger to the public health, safety or welfare. - }
' { - (2) If the board abstains from taking such formal
disciplinary action, it may require the licensee to be subject to
the voluntary monitoring program as established by the board. - }
' { - (3) All records of the voluntary monitoring program are
confidential and shall not be subject to public disclosure, nor
shall the records be admissible as evidence in any judicial
proceedings. - }
' { - (4) A licensee voluntarily participating in the
voluntary monitoring program shall not be subject to
investigation or disciplinary action by the board for the same
offense, if the licensee complies with the terms and conditions
of the monitoring program. - }
' { - (5) The board shall establish by rule criteria for
eligibility to participate in the voluntary monitoring program
and criteria for successful completion of the program. - }
' { - (6) Licensees - } { + Persons licensed to practice
nursing + } who elect not to participate in the { - voluntary
monitoring program - } { + impaired health professional program
established under section 1b, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2345), + } or who fail to comply with the
terms of participation shall be reported to the { - board - }
{ + Oregon State Board of Nursing + } for formal disciplinary
action under ORS 678.111.
' { + SECTION 94a. + } { + The amendments to ORS 678.112 by
section 94 of this 2009 Act become operative on July 1, 2010. + }
' { + SECTION 95. + } { + If House Bill 2243 becomes law,
sections 37 (amending ORS 678.780) and 38 (amending ORS 678.800)
of this 2009 Act are repealed. + }
' { + SECTION 96. + } { + If House Bill 2058 becomes law,
section 47 of this 2009 Act (amending ORS 683.250) is repealed
and ORS 683.250, as amended by section 18, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2058), is amended to read: + }
' 683.250. (1) The Oregon Board of Optometry 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 consists
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) Four must be doctors of optometry licensed and in
practice in Oregon; and
' (b) One member must be a member of the public who represents
health consumers and who { - is not - } :
' (A) { + Is not + } otherwise eligible for appointment to the
board;
{ - or - }
' (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)(a) 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 no more than two terms end each year. A
member is eligible for reappointment. If a vacancy occurs in the
membership of the board for any reason, the Governor shall make
an appointment to become immediately effective for the unexpired
term.
' (b) 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.
' (c) A board member shall be removed immediately from the
board if, during the member's term, the member:
' (A) Is not a resident of this state;
' (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused; or
' (C) Is not a licensed doctor of optometry or a retired doctor
of optometry who was a licensed doctor of optometry in good
standing at the time of retirement, if the board member was
appointed to serve on the board as a doctor of optometry.
' (4) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
' (5) A majority of the members { - constitute - } { +
constitutes + } a quorum for the transaction of business.
' { + SECTION 97. + } { + If Senate Bill 131 becomes law,
section 56 of this 2009 Act (amending ORS 685.110) is repealed
and ORS 685.110, as amended by section 22, chapter 43, Oregon
Laws 2009 (Enrolled Senate Bill 131), is amended to read: + }
' 685.110. The Oregon Board of Naturopathic Medicine may refuse
to grant a license, may suspend or revoke a license, may limit a
license, may impose probation, may issue a letter of reprimand
and may impose a civil penalty not to exceed $1,000 for each
offense for any of the following reasons:
' (1) Using fraud or deception in securing a license.
' (2) Impersonating another physician.
' (3) Practicing naturopathic medicine under an assumed name.
' (4) Performing an abortion.
' (5) Being convicted of a crime involving moral turpitude.
' (6) Any other reason that renders the applicant or licensee
unfit to perform the duties of a naturopathic physician.
' (7) Being convicted of a crime relating to practice of
naturopathic medicine.
' (8) Committing negligence related to the practice of
naturopathic medicine.
' (9) { - Using intoxicants, drugs or controlled substances
when the use is habitual or excessive - } { + Having an
impairment as defined in section 1 of this 2009 Act + }.
' (10) Prescribing or dispensing drugs outside the scope of
practice.
' { - (11) Being committed to a mental institution for the
treatment of a mental disease that affects the ability of the
applicant or licensee to safely practice naturopathic
medicine. - }
' { - (12) - } { + (11) + } Obtaining a fee through fraud or
misrepresentation.
' { - (13) - } { + (12) + } Committing gross or repeated
malpractice.
' { - (14) - } { + (13) + } Representing to a patient that a
manifestly incurable condition of sickness, disease or injury can
be permanently cured.
' { - (15) - } { + (14) + } Engaging in any conduct or
practice contrary to a recognized standard of ethics of the
profession or any conduct or practice that does or might
constitute a danger to the health or safety of a patient or the
public or any conduct, practice or condition that does or might
{ - impair - } { + adversely affect + } a physician's ability
safely and skillfully to practice naturopathic medicine.
' { - (16) - } { + (15) + } Willfully and consistently
utilizing any naturopathic service, X-ray equipment or treatment
contrary to recognized standards of practice of the naturopathic
profession.
' { - (17) - } { + (16) + } Failing to notify the board
within 30 days of a change in the location of practice or of
mailing address.
' { - (18) - } { + (17) + } Attempting to practice
naturopathic medicine or practicing or claiming to practice
naturopathic medicine or any of its components in this state
without first complying with the provisions of this chapter.
' { - (19) - } { + (18) + } Having a license to practice
naturopathic medicine in another jurisdiction suspended or
revoked.
' { - (20) - } { + (19) + } Employing unlicensed persons to
practice naturopathic medicine.
' { - (21) - } { + (20) + } Practicing natural childbirth
without first obtaining a certificate of special competency.
' { - (22) - } { + (21) + } Representing that the licensee
is a medical specialist or practices a medical specialty.
' { - (23) - } { + (22) + } Failing to respond in a timely
manner to a request for information regarding a complaint or the
investigation of a complaint by the board.
' { - (24) - } { + (23) + } Failing to pay a civil penalty
in the time specified by the order imposing the penalty.
' { - (25) - } { + (24) + } Violating any provision of this
chapter or rules adopted by the board.
' { + SECTION 98. + } { + If House Bill 2009 becomes law and
House Bill 2129 does not become law, section 57 of this 2009 Act
(amending ORS 685.160) is repealed and ORS 685.160, as amended by
section 1091, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2009), is amended to read: + }
' 685.160. (1) There hereby is created the Board of
Naturopathic Examiners { - in the Oregon Health Authority - } .
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.
' { + SECTION 98a. + } { + If Senate Bill 131 becomes law
and House Bill 2009 does not become law, section 1, chapter 43,
Oregon Laws 2009 (Enrolled Senate Bill 131) (amending ORS
685.160), is repealed and ORS 685.160, as amended by section 57
of this 2009 Act, is amended to read: + }
' 685.160. (1) There hereby is created the { - Board of
Naturopathic Examiners - } { + Oregon Board of Naturopathic
Medicine + }. 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 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. Unless a member is removed prior to the end of
the term, a member continues to serve on the board until 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.
' (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.
' { + SECTION 98b. + } If Senate Bill 131 becomes law and
House Bills 2009 and 2058 do not become law, section 38, chapter
43, Oregon Laws 2009 (Enrolled Senate Bill 131), is amended to
read:
' { + Sec. 38. + } (1) The amendments to { - ORS 685.160 by
section 1 of this 2009 Act - } { + ORS 685.170 by section 28,
chapter 43, Oregon Laws 2009 (Enrolled Senate Bill 131), + } are
intended to change the name of the 'Board of Naturopathic
Examiners' to the 'Oregon Board of Naturopathic Medicine. '
' (2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Board of
Naturopathic Examiners,' wherever they occur in Oregon Revised
Statutes, other words designating the 'Oregon Board of
Naturopathic Medicine. '
' { + SECTION 98c. + } { + If both Senate Bill 131 and House
Bill 2009 become law and House Bill 2129 does not become law,
section 1, chapter 43, Oregon Laws 2009 (Enrolled Senate Bill
131) (amending ORS 685.160), is repealed and ORS 685.160, as
amended by section 1091, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009), and section 98 of this 2009 Act, is amended to
read: + }
' 685.160. (1) There hereby is created the { - Board of
Naturopathic Examiners - } { + Oregon Board of Naturopathic
Medicine + }. 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 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. Unless a member is removed prior to the end of
the term, a member continues to serve on the board until 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.
' (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.
' { + SECTION 98d. + } If Senate Bill 131 and House Bill 2009
become law and House Bill 2058 does not become law, section 38,
chapter 43, Oregon Laws 2009 (Enrolled Senate Bill 131), is
amended to read:
' { + Sec. 38. + } (1) The amendments to { - ORS 685.160 by
section 1 of this 2009 Act - } { + ORS 685.170 by section 28,
chapter 43, Oregon Laws 2009 (Enrolled Senate Bill 131), + } are
intended to change the name of the 'Board of Naturopathic
Examiners' to the 'Oregon Board of Naturopathic Medicine. '
' (2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Board of
Naturopathic Examiners,' wherever they occur in Oregon Revised
Statutes, other words designating the 'Oregon Board of
Naturopathic Medicine. '
' { + SECTION 98e. + } { + If House Bill 2009, House Bill
2129 and Senate Bill 131 become law and House Bill 2058 does not
become law, ORS 685.160, as amended by section 1091, chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2009), and section 3,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2129), is
amended to read: + }
' 685.160. { - (1) There hereby is created the Oregon Board
of Naturopathic Medicine. The board consists of seven members
appointed by the Governor for terms of three years commencing
July 1, and until their successors are 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 Oregon Board of
Naturopathic Medicine: - }
' { - (a) Five members shall be naturopaths who have each
practiced continuously in this state for the five years
immediately prior to the date of appointment. - }
' { - (b) Two shall be members of the general public who do
not possess the qualifications set forth in paragraph (a) of this
subsection. - }
' { - (3) All members of the board must be residents of this
state. - }
' { + (1) There hereby is created the Oregon Board of
Naturopathic Medicine. 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 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. Unless a member is removed prior to the end of
the term, a member continues to serve on the board until 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. + }
' (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.
' { + SECTION 98f. + } If House Bill 2009, House Bill 2129
and Senate Bill 131 become law and House Bill 2058 does not
become law, ORS 685.160, as amended by section 57 of this 2009
Act, is amended to read:
' 685.160. (1) There hereby is created the { - Board of
Naturopathic Examiners - } { + Oregon Board of Naturopathic
Medicine + }. 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 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. Unless a member is removed prior to the end of
the term, a member continues to serve on the board until 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.
' (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.
' { + SECTION 98g. + } { + If House Bill 2009 and House Bill
2129 become law and House Bill 2058 and Senate Bill 131 do not
become law, section 57 of this 2009 Act (amending ORS 685.160) is
repealed and ORS 685.160, as amended by section 1091, chapter
___, Oregon Laws 2009 (Enrolled House Bill 2009), is amended to
read: + }
' 685.160. (1) There hereby is created the Board of
Naturopathic Examiners { - in the Oregon Health Authority - } .
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.
' { + SECTION 99. + } { + If House Bill 2345 becomes law,
section 63 (amending ORS 687.081) of this 2009 Act is
repealed. + }
' { + SECTION 100. + } { + If House Bill 2058 becomes law,
section 67 of this 2009 Act (amending ORS 688.160) is repealed
and ORS 688.160, as amended by section 26, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2058), is amended to read: + }
' 688.160. (1) The Physical Therapist Licensing Board 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 consists of eight 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 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 must be a licensed physical therapist assistant.
' (c) Two must be public members who have an interest in
consumer rights and who are 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.
' (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) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. The terms must be
staggered so that no more than three terms end each year. A
member is eligible for reappointment.
' (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.
' (c) A board member shall be removed immediately from the
board if, during the member's term, the member:
' (A) Is not a resident of this state;
' (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused;
' (C) Is not a licensed physical therapist or a retired
physical therapist who was a licensed physical therapist in good
standing at the time of retirement, if the board member was
appointed to serve on the board as a physical therapist; or
' (D) Is not a licensed physical therapist assistant or a
retired physical therapist assistant who was a licensed physical
therapist assistant in good standing at the time of retirement,
if the board member was appointed to serve on the board as a
retired physical therapist assistant.
' (4) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate 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. All members have equal
voting privileges.
' (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.
' { + SECTION 101. + } { + If House Bill 2009 becomes law
and House Bill 2058 does not become law, section 69 (amending ORS
688.545) of this 2009 Act is repealed and ORS 688.545, as amended
by section 1092, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2009), is amended to read: + }
' 688.545. (1) { - (a) - } There is created { - in the
Oregon Health Authority - } 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 Oregon Health
Authority, 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.
' { + SECTION 102. + } { + If House Bill 2009 becomes law
and House Bill 2129 does not become law, section 81 of this 2009
Act (amending ORS 691.485) is repealed and ORS 691.485, as
amended by section 1109, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009), is amended to read: + }
' 691.485. (1) There is established a Board of Examiners of
Licensed Dietitians { - within the Oregon Health Authority - }
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 authority 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.
' { + SECTION 103. + } { + If House Bill 2009 becomes law
and House Bill 2129 does not become law, section 85 of this 2009
Act (amending ORS 692.300) is repealed and ORS 692.300, as
amended by section 1110, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009), is amended to read: + }
' 692.300. (1) There is created the State Mortuary and Cemetery
Board { - in the Oregon Health Authority - } 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. - } '.
In line 17, delete '87' and insert '104'.
After line 33, insert:
' { + SECTION 104a. + } If House Bill 2058 becomes law,
section 104 of this 2009 Act is amended to read:
' { + Sec. 104. + } (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 { + , 93, 96 and 100 + } 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 { + and 100 + } 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.
' { + SECTION 104b. + } If Senate Bill 177 becomes law and
House Bill 2058 does not become law, section 104 of this 2009 Act
is amended to read:
' { + Sec. 104. + } (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 { + and 90 + } 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 { +
and 91 + } 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.
' { + SECTION 104c. + } If both Senate Bill 177 and House
Bill 2058 become law, section 104 of this 2009 Act is amended to
read:
' { + Sec. 104c. + } (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 { +
and 91 + } 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.
' { + SECTION 104d. + } If House Bill 2243 becomes law,
section 104 of this 2009 Act is amended to read:
' { + Sec. 104. + } (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.
' { + SECTION 104e. + } If House Bill 2009 becomes law,
section 104 of this 2009 Act is amended to read:
' { + Sec. 104. + } (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 - } { + 98, 102 and 103 + } 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.
' { + SECTION 104f. + } If House Bill 2009 becomes law and
House Bill 2058 does not become law, section 104 of this 2009 Act
is amended to read:
' { + Sec. 104. + } (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 { + and 101 + } 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.'.
In line 37, delete '88' and insert '105'.
----------