75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2118
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski)
CHAPTER ................
AN ACT
Relating to licensing boards; creating new provisions; amending
ORS 426.385, 675.070, 675.100, 675.130, 675.300, 675.310,
675.320, 675.510, 675.540, 675.583, 675.590, 675.600, 675.745,
675.775, 675.785, 676.165, 676.608, 677.010, 677.188, 677.190,
677.235, 677.250, 677.270, 677.275, 677.415, 677.417, 677.655,
678.111, 678.112, 678.140, 678.150, 678.442, 678.780, 678.800,
679.140, 679.230, 679.250, 679.290, 681.350, 681.400, 681.410,
681.450, 683.140, 683.250, 683.260, 684.010, 684.100, 684.103,
684.130, 684.140, 684.157, 685.110, 685.160, 685.170, 686.120,
686.130, 686.210, 687.051, 687.081, 687.115, 688.140, 688.160,
688.525, 688.545, 689.005, 689.115, 689.165, 689.195, 689.255,
689.265, 689.405, 689.508, 691.485, 691.505, 691.535, 692.180,
692.300 and 692.320 and section 38, chapter 43, Oregon Laws
2009 (Enrolled Senate Bill 131), and section 50, chapter ___,
Oregon Laws 2009 (Enrolled Senate Bill 177); and repealing ORS
689.125 and section 1, chapter 43, Oregon Laws 2009 (Enrolled
Senate Bill 131), and section 2, chapter ___, Oregon Laws 2009
(Enrolled Senate Bill 177).
Be It Enacted by the People of the State of Oregon:
{ +
HEALTH PROFESSIONAL LICENSING BOARDS GENERALLY + }
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
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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.
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(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;
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(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. + }
{ +
STATE BOARD OF PSYCHOLOGIST EXAMINERS + }
SECTION 6. ORS 675.070 is amended to read:
675.070. (1) Where any of the grounds enumerated in subsection
(2) of this section exist, the State Board of Psychologist
Examiners may impose any of the following sanctions:
(a) Deny a license to any applicant;
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(b) Refuse to renew the license of any psychologist or
psychologist associate;
(c) Suspend the license of any psychologist or psychologist
associate for a period of not less than one year;
(d) Issue a letter of reprimand;
(e) Impose probation with authority to restrict the scope of
practice of a psychologist or psychologist associate or require
practice under supervision;
(f) Revoke the license of any psychologist or psychologist
associate; or
(g) Impose a civil penalty not to exceed $1,000.
(2) Grounds exist for imposition of any of the sanctions
enumerated in subsection (1) of this section against any
psychologist or psychologist associate or applicant, or, where
applicable, any unlicensed person found in violation of ORS
675.010 to 675.150, when, in the judgment of the board, the
person:
(a) { - Abuses intoxicants or controlled substances to such
an extent as to incapacitate the person from the performance of
professional duties - } { + Has an impairment as defined in
section 1 of this 2009 Act + };
(b) Has been convicted of violation of any law relating to
controlled substances;
(c) Has been convicted of any felony or of any misdemeanor
involving moral turpitude;
(d) Is guilty of immoral or unprofessional conduct or of gross
negligence in the practice of psychology which includes but is
not limited to:
(A) Any conduct or practice contrary to recognized standard of
ethics of the psychological profession or any conduct or practice
{ - which - } { + that + } constitutes a danger to the health
or safety of a patient or the public, or any conduct, practice or
condition
{ - which impairs - } { + that adversely affects + } a
psychologist or psychologist associate's ability to practice
psychology safely and skillfully.
(B) Willful ordering or performing of unnecessary tests or
studies, administration of unnecessary treatment, failure to
obtain consultations or perform referrals when failing to do so
is not consistent with the standard of care, or otherwise
ordering or performing any psychological service or treatment
which is contrary to recognized standards of practice of the
psychological profession;
{ - (e) Is mentally or emotionally unfit to practice
psychology; - }
{ - (f) - } { + (e) + } Has practiced or attempted to
practice medicine without being licensed to do so;
{ - (g) - } { + (f) + } Has obtained or attempted to obtain
a license under ORS 675.010 to 675.150 by fraud or material
misrepresentation;
{ - (h) - } { + (g) + } Has impersonated a licensed
psychologist or psychologist associate or has allowed another
person to use the license of the psychologist;
{ - (i) - } { + (h) + } Has violated any provision of ORS
675.010 to 675.150 or any provision of the code of professional
conduct formulated under ORS 675.110 (12); or
{ - (j) - } { + (i) + } Has obtained a fee or payment from
a patient or third party payer through fraud or intentional
misrepresentation.
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(3) In case of any conviction required under subsection (2) of
this section as grounds for denial, refusal, suspension,
revocation, reprimand, probation or imposition of a civil
penalty, a certified copy of the record of the conviction shall
be conclusive evidence.
(4) The board may license an applicant or renew or restore any
license suspended or revoked under subsection { - (2)(e) - }
{ + (2)(a) + } of this section { - whenever - } { + due to
a mental health condition if + } the board determines that the
applicant or former licensed psychologist or former psychologist
associate { - is no longer mentally or emotionally unfit to
practice psychology - } { + no longer has an impairment due to
a mental health condition + }.
(5) License suspension or revocation in another state is
grounds for license denial or disciplinary action by the board.
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
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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.
SECTION 8. ORS 675.130 is amended to read:
675.130. (1) The State Board of Psychologist Examiners shall
select one of its members as chairperson, and another as vice
chairperson, for such terms and with such powers and duties
necessary for the performance of the functions of such offices as
the board shall determine.
(2) A majority of the board constitutes a quorum for the
transaction of business.
(3) The board shall meet at least once a year at a place, day
and hour determined by the board. The board shall also meet at
such other times and places as are specified by the call of the
chairperson, or of a majority of the members of the board or of
the Governor.
(4) The { + executive director of the + } board shall maintain
records of all { - of its - } { + board + } proceedings under
ORS 675.010 to 675.150.
(5) The { - board - } { + executive director + } shall
maintain a register of all living psychologists licensed under
ORS 675.010 to 675.150, showing their names, their last-known
business addresses, their last-known residential addresses, and
the dates and numbers of their licenses.
{ - (6) The board may appoint an executive secretary who
shall not be a member of the board. The board shall fix the
compensation for the executive secretary. - }
{ +
OCCUPATIONAL THERAPY LICENSING BOARD + }
SECTION 9. ORS 675.300 is amended to read:
675.300. (1) The Occupational Therapy Licensing Board may deny,
suspend, revoke or refuse to renew a license or may impose
probationary conditions where the licensee or applicant has been
guilty of:
(a) Unprofessional conduct as defined by the standards
established by the board;
(b) Obtaining or attempting to obtain a license by means of
fraud, misrepresentation or concealment of material facts;
(c) Violating any lawful order or rule adopted by the board
that may affect the health, welfare or safety of the public; or
(d) Gross negligence or incompetence in the performance of
professional duties.
(2) The board may suspend or revoke the license of any person
licensed under ORS 675.210 to 675.340 and 675.990 (2) if the
licensee has { - been adjudged mentally incompetent by a court
of competent jurisdiction - } { + an impairment as defined in
section 1 of this 2009 Act + }.
(3) Where the board proposes to refuse to issue or renew a
license or proposes to revoke or suspend a license, opportunity
for hearing shall be accorded as provided in ORS chapter 183.
(4) Judicial review of orders under subsection (3) of this
section shall be in accordance with ORS chapter 183.
(5) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
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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. + }
SECTION 11. ORS 675.320 is amended to read:
675.320. The Occupational Therapy Licensing Board shall have
the following powers in addition to powers otherwise granted
under ORS 675.210 to 675.340 or necessary to carry out the
provisions of ORS 675.210 to 675.340:
(1) To organize and elect from its membership a chairperson and
vice chairperson, each of whom shall hold office for one year or
until the election and qualification of a successor.
{ - (2) To appoint a director to perform such duties as the
board shall prescribe, and whose compensation shall be fixed by
the board subject to ORS 240.245. - }
{ - (3) - } { + (2) + } To authorize all necessary
disbursements to carry out the provisions of ORS 675.210 to
675.340, including, but not limited to, payment for necessary
supplies, office equipment and investigations and such other
expenditures as provided for in ORS 675.210 to 675.340.
{ - (4) - } { + (3) + } To suspend, revoke or invalidate
licenses for nonpayment of renewal fees.
{ - (5) - } { + (4) + } To restore licenses that have been
suspended, revoked or voided.
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{ - (6) - } { + (5) + } To adopt license and license
renewal fees under ORS 675.270, 675.280 and 675.290. The fees
must be approved by the Oregon Department of Administrative
Services and may not exceed the cost of administering ORS 675.210
to 675.340.
{ - (7) - } { + (6) + } To collect license applications and
renewal fees.
{ - (8) - } { + (7) + } To investigate alleged violations
of ORS 675.210 to 675.340.
{ - (9) - } { + (8) + } To enforce the provisions of ORS
675.210 to 675.340 and generally supervise the practice of
occupational therapy in this state.
{ - (10) - } { + (9) + } To make and enforce rules in
accordance with ORS chapter 183 for the procedure of the board
and for regulating the practice of occupational therapy not
inconsistent with the provisions of ORS 675.210 to 675.340.
{ - (11) - } { + (10) + } To establish minimum requirements
for continuing education to be complied with by all licensees
under ORS 675.210 to 675.340.
{ - (12) - } { + (11) + } To establish minimum requirements
for limited permit to be complied with by all applicants prior to
issuance of limited permit. A limited permit shall be issued to a
person at the discretion of the board upon application and
payment of a permit fee of $25.
{ - (13) - } { + (12) + } To establish official
abbreviations that may be used, under ORS 675.220 (1), by persons
licensed as occupational therapists or occupational therapy
assistants.
{ - (14) - } { + (13) + } To establish minimum requirements
for supervised field work necessary for applicants under ORS
675.240 or 675.250.
{ - (15) - } { + (14) + } To adopt rules that define the
scope of the practice of occupational therapy and that reflect
national standards for the practice of occupational therapy.
{ +
STATE BOARD OF CLINICAL SOCIAL WORKERS + }
SECTION 12. ORS 675.510 is amended to read:
675.510. As used in ORS 675.510 to 675.600, unless the context
requires otherwise:
(1) 'Board' means the State Board of Clinical Social Workers.
(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;
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(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) 'Clinical social work associate' means a person who holds a
master's degree from an accredited college or university
accredited by the Council on Social Work Education whose plan of
practice and supervision has been approved by the board, and who
is working toward licensure in accordance with ORS 675.510 to
675.600 and rules adopted by the board.
{ - (4) 'Impaired clinical social worker' means a person
unable to perform the practice of clinical social work by reason
of mental illness, physical illness or alcohol or other drug
abuse. - }
{ - (5) - } { + (4) + } 'Licensed clinical social worker'
means a person licensed under the provisions of ORS 675.510 to
675.600 to practice clinical social work.
{ - (6) - } { + (5) + } '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 13. ORS 675.540 is amended to read:
675.540. (1) The State Board of Clinical Social Workers may
impose any or all of the sanctions specified in subsection (2) of
this section, upon proof, after a hearing pursuant to the
provisions of ORS chapter 183 relating to a contested case, that
a person:
(a) Has been convicted in this or any other state of a crime
that is a felony in this state;
(b) Has been convicted of a felony in a federal court;
(c) Is unable to perform the practice of clinical social work
by reason of { - mental illness, physical illness or alcohol or
other drug abuse; - } { + physical illness;
(d) Has an impairment as defined in section 1 of this 2009
Act; + }
{ - (d) - } { + (e) + } Has been grossly negligent or has
engaged in unprofessional conduct in the practice of clinical
social work; or
{ - (e) - } { + (f) + } Has violated one or more of the
rules of the board pertaining to the certification or licensing
of clinical social workers.
(2) Pursuant to the provisions of subsection (1) of this
section, the board may:
(a) Deny, suspend, revoke or refuse to renew any certificate or
license issued under ORS 675.510 to 675.600.
(b) Place a licensed clinical social worker on probation and
impose conditions or limits on the scope of practice of a
licensed clinical social worker.
(c) Impose a civil penalty not to exceed $1,000.
(3) The expiration of a license or the voluntary surrender of a
license by the licensee shall not deprive the board of
jurisdiction to proceed with any investigation of, or any action
or disciplinary proceedings against, the licensee.
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(4) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
(5) Upon receipt of a complaint under ORS 675.510 to 675.600,
the board shall conduct an investigation as described under ORS
676.165.
SECTION 14. ORS 675.583 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 { - is or may be an impaired
clinical social worker, or - } { + has or may have a physical
illness that makes the clinical social worker unable to practice,
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
subject to an action for civil damages as a result thereof.
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: - }
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{ - (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.
SECTION 16. ORS 675.600 is amended to read:
675.600. { - (1) - } The State Board of Clinical 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 certified or
licensed under ORS 675.510 to 675.600;
{ - (c) - } { + (3) + } Establish a program for
{ - impaired - } 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;
{ - (d) - } { + (4) + } 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
{ - (e) - } { + (5) + } Report to the Legislative Assembly
on its activities regarding the certification or licensure of
clinical social workers during the preceding biennium.
{ - (2) The board may appoint an administrator who shall not
be a member of the board. The board shall fix the compensation
for the administrator. - }
{ +
OREGON BOARD OF LICENSED PROFESSIONAL + }
{ +
COUNSELORS AND THERAPISTS + }
SECTION 17. ORS 675.745 is amended to read:
675.745. (1) The Oregon Board of Licensed Professional
Counselors and Therapists may deny, suspend, revoke or refuse to
issue or to renew any license issued under ORS 675.715 to 675.835
upon proof that the applicant for licensure or the licensee:
(a) Has been convicted of violating ORS 675.825 or of a crime
in this or any other state or territory or against the federal
government that brings into question the competence of the
licensee in the role of a counselor or a therapist;
(b) Is unable to perform the practice of professional
counseling or marriage and family therapy by reason of
{ - mental illness, physical illness, drug addiction or alcohol
abuse - } { + physical illness + };
{ + (c) Has an impairment as defined in section 1 of this
2009 Act. + }
{ - (c) - } { + (d) + } Has been grossly negligent in the
practice of professional counseling or marriage and family
therapy;
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{ - (d) - } { + (e) + } Has violated one or more of the
rules of the board pertaining to the licensure of professional
counselors or licensed marriage and family therapists;
{ - (e) - } { + (f) + } Has failed to file a professional
disclosure statement or has filed a false, incomplete or
misleading professional disclosure statement;
{ - (f) - } { + (g) + } Has practiced outside the scope of
activities, including administering, constructing or interpreting
tests, for which the licensee has individual training and
qualification; or
{ - (g) - } { + (h) + } Has been disciplined by a state
mental health licensing board or program in this or any other
state for violation of competency or conduct standards.
(2)(a) The board may reprimand or impose probation on a
licensee or an intern registered under ORS 675.720 upon proof of
any of the grounds for discipline provided in subsection (1) of
this section.
(b) If the board elects to place a licensee or a registered
intern on probation, the board may impose:
(A) Restrictions on the scope of practice of the licensee or
intern;
(B) Requirements for specific training;
(C) Supervision of the practice of the licensee or intern; or
(D) Other conditions the board finds necessary for the
protection of the public.
(3) The board may initiate action against persons violating any
provision of ORS 675.715 to 675.835 or any rules adopted by the
board.
(4) Pursuant to ORS 183.745, the board may impose a civil
penalty of not more than $1,000 for each violation of subsection
(1) or (2) of this section.
(5) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
(6) In addition to the actions authorized by subsections (1)
and (2) of this section, the board may take such disciplinary
action as the board in its discretion finds proper, including but
not limited to the assessment of the costs of the disciplinary
process.
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:
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(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.
SECTION 19. ORS 675.785 is amended to read:
675.785. The Oregon Board of Licensed Professional Counselors
and Therapists has the following powers:
(1) In accordance with the applicable provisions of ORS chapter
183, the board shall adopt rules necessary for the administration
of the laws the board is charged with administering.
(2) Subject to any applicable provisions of the State Personnel
Relations Law, the board may appoint, prescribe the duties and
fix the compensation of { - an administrator and other - }
employees of the board necessary to carry out the duties of the
board.
(3) The board may impose nonrefundable fees in an amount set by
rule for the following:
(a) License application.
(b) First issuance of a license.
(c) Renewal of a license.
(d) Late filing of a license renewal.
(e) Renewal of registration as an intern.
(f) Examinations. Examination fees shall not exceed the costs
incurred in administering the particular examination. Fees
established under this subsection are subject to prior approval
of the Oregon Department of Administrative Services and a report
to the Emergency Board prior to adopting the fees and shall be
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within the budget authorized by the Legislative Assembly as that
budget may be modified by the Emergency Board.
(4) The board shall:
(a) Maintain a register of all current licensed professional
counselors and marriage and family therapists.
(b) Annually publish a directory listing all current licensed
professional counselors and marriage and family therapists. The
directory shall be available to the public, for which the board
may collect a publication fee.
(5) The board shall:
(a) Investigate alleged violations of the provisions of ORS
675.715 to 675.835 or rules adopted under authority of the board.
(b) Establish procedures to review the complaints of clients of
licensees of the board. Upon receipt of a complaint under ORS
675.715 to 675.835 against any licensed or unlicensed person, the
board shall conduct an investigation as described under ORS
676.165.
(6) The board shall report to the Legislative Assembly
concerning the activities of the board during the preceding
biennium.
(7) The board shall form standards committees to establish,
examine and pass on the qualifications of applicants to practice
professional counseling or marriage and family therapy in this
state. The standards committee for professional counselors shall
be made up of the professional counselors on the board, the
faculty member and the public member. The standards committee for
marriage and family therapists shall be made up of the marriage
and family members of the board, the faculty member and the
public member.
(8) The board shall grant licenses to applicants who qualify to
practice professional counseling or marriage and family therapy
in this state upon compliance with ORS 675.715 to 675.835 and the
rules of the board.
(9) The board may administer oaths, take depositions, defray
legal expenses and issue subpoenas to compel the attendance of
witnesses and the production of documents or written information
necessary to carry out ORS 675.715 to 675.835.
(10) The board may adopt a seal to be affixed to all licenses.
(11) The board shall adopt a code of ethics for licensees. The
board may use the ethical codes of professional counseling and
marriage and family therapy associations as models for the code
established by the board.
(12) The board may set academic and training standards
necessary under ORS 675.715 to 675.835, including, but not
limited to, the adoption of rules to establish semester hour
equivalents for qualification for licensing where quarter hours
are required under ORS 675.715 to 675.835.
(13) The board shall require the applicant for a professional
counselor license or a marriage and family therapy license to
receive a passing score on an examination of competency in
counseling or marriage and family therapy. The examination may be
the examination given nationally to certify counselors, or in the
case of marriage and family therapy, the examination approved by
the Association of Marital and Family Therapy Regulatory Boards.
(14) The standards committee shall establish standards and
requirements for continuing education and supervision, as
appropriate. { - The standards and requirements shall be in
effect July 1, 1992. - }
(15) The board shall establish a program for licensees whose
ability to perform professional counseling is impaired to assist
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those licensees in regaining or retaining their licensure and
shall impose the requirement of participation as a condition to
reissuance or retention of the license.
(16) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the board may require
the fingerprints of a person who is:
(a) Applying for a license that is issued by the board;
(b) Applying for renewal of a license that is issued by the
board; or
(c) Under investigation by the board.
{ +
OREGON MEDICAL BOARD + }
SECTION 20. ORS 426.385 is amended to read:
426.385. (1) Every mentally ill person committed to the
Department of Human Services shall have the right to:
(a) Communicate freely in person and by reasonable access to
telephones;
(b) Send and receive sealed mail, except that this right may be
limited for security reasons in state institutions as described
in ORS 426.010;
(c) Wear the clothing of the person;
(d) Keep personal possessions, including toilet articles;
(e) Religious freedom;
(f) A private storage area with free access thereto;
(g) Be furnished with a reasonable supply of writing materials
and stamps;
(h) A written treatment plan, kept current with the progress of
the person;
(i) Be represented by counsel whenever the substantial rights
of the person may be affected;
(j) Petition for a writ of habeas corpus;
(k) Not be required to perform routine labor tasks of the
facility except those essential for treatment;
(L) Be given reasonable compensation for all work performed
other than personal housekeeping duties;
(m) Daily access to fresh air and the outdoors, except that
this right may be limited when it would create significant risk
of harm to the person or others;
(n) Such other rights as may be specified by rule; and
(o) Exercise all civil rights in the same manner and with the
same effect as one not admitted to the facility, including, but
not limited to, the right to dispose of real property, execute
instruments, make purchases, enter contractual relationships, and
vote, unless the person has been adjudicated incompetent and has
not been restored to legal capacity. Disposal of personal
property in possession of the person in a state institution
described in ORS 426.010 is subject to limitation for security
reasons.
(2)(a) A person must be immediately informed, verbally and in
writing, of any limitation:
(A) Of the right to send or receive sealed mail under
subsection (1)(b) of this section;
(B) Regarding the disposal of personal property under
subsection (1)(o) of this section; and
(C) Of the right to daily access to fresh air and the outdoors
under subsection (1)(m) of this section.
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(b) Any limitation under this subsection and the reasons for
the limitation must be stated in the person's written treatment
plan.
(c) The person has the right to challenge any limitation under
this subsection pursuant to rules adopted by the department. The
person must be informed, verbally and in writing, of this right.
(3) Mentally ill persons committed to the department shall have
the right to be free from potentially unusual or hazardous
treatment procedures, including convulsive therapy, unless they
have given their express and informed consent or authorized the
treatment pursuant to ORS 127.700 to 127.737. This right may be
denied to such persons for good cause as defined in
administrative rule only by the director of the facility in which
the person is confined, but only after consultation with and
approval of an independent examining physician. Any denial shall
be entered into the patient's treatment record and shall include
the reasons for the denial. No patient shall be subjected to
psychosurgery, as defined in ORS 677.190 { - (22)(b) - } { +
(21)(b) + }.
(4) Mechanical restraints shall not be applied to a person
admitted to a facility unless it is determined by the chief
medical officer of the facility or designee to be required by the
medical needs of the person. Every use of a mechanical restraint
and the reasons therefor shall be made a part of the clinical
record of the person over the signature of the chief medical
officer of the facility or designee.
(5) Nothing in this section prevents the department from acting
to exclude contraband from its facilities and to prevent
possession or use of contraband in its facilities.
(6) As used in this section:
(a) 'Contraband' has the meaning given that term in ORS
162.135.
(b) 'Security reasons' means the protection of the mentally ill
person from serious and immediate harm and the protection of
others from threats or harassment as defined by rule of the
department.
SECTION 21. ORS 677.010 is amended to read:
677.010. As used in this chapter, subject to the exemptions in
ORS 677.060 and unless the context requires otherwise:
(1) 'Approved internship' means the first year of post-graduate
training served in a hospital that is approved by the board or by
the Accreditation Council of Graduate Medical Education, the
American Osteopathic Association or the Royal College of
Physicians and Surgeons of Canada.
(2) 'Approved school of medicine' means a school offering a
full-time resident program of study in medicine or osteopathy
leading to a degree of Doctor of Medicine or Doctor of
Osteopathy, such program having been fully accredited or
conditionally approved by the Liaison Committee on Medical
Education, or its successor agency, or the American Osteopathic
Association, or its successor agency, or having been otherwise
determined by the board to meet the association standards as
specifically incorporated into board rules.
(3) 'Board' means the Oregon Medical Board.
(4) 'Diagnose' means to examine another person in any manner to
determine the source or nature of a disease or other physical or
mental condition, or to hold oneself out or represent that a
person is so examining another person. It is not necessary that
the examination be made in the presence of such other person; it
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may be made on information supplied either directly or indirectly
by such other person.
(5) 'Dispense' means the preparation and delivery of a
prescription drug, pursuant to a lawful order of a practitioner,
in a suitable container appropriately labeled for subsequent
administration to or use by a patient or other individual
entitled to receive the prescription drug.
(6) 'Dispensing physician' means a physician or podiatric
physician and surgeon who purchases prescription drugs for the
purpose of dispensing them to patients or other individuals
entitled to receive the prescription drug and who dispenses them
accordingly.
(7) 'Drug' means all medicines and preparations for internal or
external use of humans, intended to be used for the cure,
mitigation or prevention of diseases or abnormalities of humans,
which are recognized in any published United States Pharmacopoeia
or National Formulary, or otherwise established as a drug.
(8) 'Fellow' means an individual who has not qualified under
ORS 677.100 (1) and (2) and who is pursuing some special line of
study as part of a supervised program of a school of medicine, a
hospital approved for internship or residency training, or an
institution for medical research or education that provides for a
period of study under the supervision of a responsible member of
that hospital or institution, such school, hospital or
institution having been approved by the board.
(9) 'Intern' means an individual who has entered into a
hospital or hospitals for the first year of post-graduate
training.
(10) 'License' means permission to practice, whether by
license, registration or certification.
(11) 'Licensee' means an individual holding a valid license
issued by the board.
{ - (12) 'Licensee with an impairment' means an individual
licensed under this chapter who is unable to practice the
profession for which the individual is licensed with reasonable
skill and safety by reason of mental illness; physical illness,
including, but not limited to, physical deterioration that
adversely affects cognition, motor or perceptive skill; or
habitual or excessive use or abuse of drugs, alcohol or other
substances that impair ability. - }
{ + (12) 'Physical incapacity' means a condition that renders
an individual licensed under this chapter unable to practice
under that license with professional skill and safety by reason
of physical illness or physical deterioration that adversely
affects cognition, motor or perceptive skill. + }
(13) 'Physician' means any person who holds a degree of Doctor
of Medicine or Doctor of Osteopathy.
(14) 'Podiatric physician and surgeon' means a podiatric
physician and surgeon licensed under ORS 677.805 to 677.840 to
treat ailments of the human foot, ankle and tendons directly
attached to and governing the function of the foot and ankle.
(15) 'Prescribe' means to direct, order or designate the use of
or manner of using by spoken or written words or other means.
(16) 'Resident' means an individual who, after the first year
of post-graduate training, in order to qualify for some
particular specialty in the field of medicine, pursues a special
line of study as part of a supervised program of a hospital
approved by the board.
SECTION 22. ORS 677.188 is amended to read:
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677.188. As used in ORS 677.190, unless the context requires
otherwise:
(1) 'Fraud or misrepresentation' means the intentional
misrepresentation or misstatement of a material fact, concealment
of or failure to make known any material fact, or any other means
by which misinformation or a false impression knowingly is given.
(2) 'Fraudulent claim' means a claim submitted to any patient,
insurance or indemnity association, company or individual for the
purpose of gaining compensation, which the person making the
claim knows to be false.
(3) 'Manifestly incurable condition, sickness, disease or
injury' means one that is declared to be incurable by competent
physicians and surgeons or by other recognized authority.
(4) 'Unprofessional or dishonorable conduct' means conduct
unbecoming a person licensed to practice medicine or podiatry, or
detrimental to the best interests of the public, and includes:
(a) Any conduct or practice contrary to recognized standards of
ethics of the medical or podiatric profession or any conduct or
practice which does or might constitute a danger to the health or
safety of a patient or the public or any conduct, practice or
condition which does or might { - impair - } { + adversely
affect + } a physician's or podiatric physician and surgeon's
ability safely and skillfully to practice medicine or podiatry;
(b) Willful performance of any surgical or medical treatment
which is contrary to acceptable medical standards; and
(c) Willful and repeated ordering or performance of unnecessary
laboratory tests or radiologic studies; administration of
unnecessary treatment; employment of outmoded, unproved or
unscientific treatments; failure to obtain consultations when
failing to do so is not consistent with the standard of care; or
otherwise utilizing medical service for diagnosis or treatment
which is or may be considered inappropriate or unnecessary.
SECTION 23. ORS 677.190 is amended to read:
677.190. The Oregon Medical Board may refuse to grant, or may
suspend or revoke a license to practice for any of the following
reasons:
(1)(a) Unprofessional or dishonorable conduct.
(b) For purposes of this subsection, the use of an alternative
medical treatment shall not by itself constitute unprofessional
conduct. For purposes of this paragraph:
(A) 'Alternative medical treatment' means:
(i) A treatment that the treating physician, based on the
physician's professional experience, has an objective basis to
believe has a reasonable probability for effectiveness in its
intended use even if the treatment is outside recognized
scientific guidelines, is unproven, is no longer used as a
generally recognized or standard treatment or lacks the approval
of the United States Food and Drug Administration;
(ii) A treatment that is supported for specific usages or
outcomes by at least one other physician licensed by the Oregon
Medical Board; and
(iii) A treatment that poses no greater risk to a patient than
the generally recognized or standard treatment.
(B) 'Alternative medical treatment' does not include use by a
physician of controlled substances in the treatment of a person
for chemical dependency resulting from the use of controlled
substances.
(2) Employing any person to solicit patients for the licensee.
However, a managed care organization, independent practice
association, preferred provider organization or other medical
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service provider organization may contract for patients on behalf
of physicians.
(3) Representing to a patient that a manifestly incurable
condition of sickness, disease or injury can be cured.
(4) Obtaining any fee by fraud or misrepresentation.
(5) Willfully or negligently divulging a professional secret
without the written consent of the patient.
(6) Conviction of any offense punishable by incarceration in a
Department of Corrections institution or in a federal prison,
subject to ORS 670.280. A copy of the record of conviction,
certified to by the clerk of the court entering the conviction,
shall be conclusive evidence of the conviction.
(7) { - Habitual or excessive use of intoxicants, drugs or
controlled substances. - } { + Impairment as defined in section
1 of this 2009 Act. + }
(8) Fraud or misrepresentation in applying for or procuring a
license to practice in this state, or in connection with applying
for or procuring registration.
(9) Making statements that the licensee knows, or with the
exercise of reasonable care should know, are false or misleading,
regarding skill or the efficacy or value of the medicine,
treatment or remedy prescribed or administered by the licensee or
at the direction of the licensee in the treatment of any disease
or other condition of the human body or mind.
(10) Impersonating another licensee licensed under this chapter
or permitting or allowing any person to use the license.
(11) Aiding or abetting the practice of medicine or podiatry by
a person not licensed by the board, when the licensee knows, or
with the exercise of reasonable care should know, that the person
is not licensed.
(12) Using the name of the licensee under the designation '
doctor,' 'Dr.,' 'D.O.' or 'M.D.,' 'D.P.M., ' ' Acupuncturist,'
'P.A.' or any similar designation in any form of advertising that
is untruthful or is intended to deceive or mislead the public.
{ - (13) Insanity or mental disease as evidenced by an
adjudication or voluntary commitment to an institution for the
treatment of a mental disease that affects the ability of the
licensee to safely practice medicine, or as determined by an
examination conducted by three impartial psychiatrists retained
by the board. - }
{ - (14) - } { + (13) + } Gross negligence or repeated
negligence in the practice of medicine or podiatry.
{ - (15) - } { + (14) + } Incapacity to practice medicine
or podiatry. If the board has evidence indicating incapacity, the
board may order a licensee to submit to a standardized competency
examination. The licensee shall have access to the result of the
examination and to the criteria used for grading and evaluating
the examination. If the examination is given orally, the licensee
shall have the right to have the examination recorded.
{ - (16) - } { + (15) + } Disciplinary action by another
state of a license to practice, based upon acts by the licensee
similar to acts described in this section. A certified copy of
the record of the disciplinary action of the state is conclusive
evidence thereof.
{ - (17) - } { + (16) + } Failing to designate the degree
appearing on the license under circumstances described in ORS
677.184 (3).
{ - (18) - } { + (17) + } Willfully violating any provision
of this chapter or any rule adopted by the board, board order, or
failing to comply with a board request pursuant to ORS 677.320.
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{ - (19) - } { + (18) + } Failing to report the change of
the location of practice of the licensee as required by ORS
677.172.
{ - (20) - } { + (19) + } { - Adjudication of or
admission to a hospital for mental illness or - } Imprisonment
as provided in ORS 677.225.
{ - (21) - } { + (20) + } Making a fraudulent claim.
{ - (22)(a) - } { + (21)(a) + } Performing psychosurgery.
(b) For purposes of this subsection and ORS 426.385, '
psychosurgery' means any operation designed to produce an
irreversible lesion or destroy brain tissue for the primary
purpose of altering the thoughts, emotions or behavior of a human
being. 'Psychosurgery' does not include procedures which may
produce an irreversible lesion or destroy brain tissues when
undertaken to cure well-defined disease states such as brain
tumor, epileptic foci and certain chronic pain syndromes.
{ - (23) - } { + (22) + } Refusing an invitation for an
informal interview with the board requested under ORS 677.415.
{ - (24) - } { + (23) + } Violation of the federal
Controlled Substances Act.
{ - (25) - } { + (24) + } Prescribing controlled substances
without a legitimate medical purpose, or prescribing controlled
substances without following accepted procedures for examination
of patients, or prescribing controlled substances without
following accepted procedures for record keeping.
{ - (26) - } { + (25) + } Failure by the licensee to report
to the board any adverse action taken against the licensee by
another licensing jurisdiction or any peer review body, health
care institution, professional or medical society or association,
governmental agency, law enforcement agency or court for acts or
conduct similar to acts or conduct that would constitute grounds
for disciplinary action as described in this section.
{ - (27) - } { + (26) + } Failure by the licensee to notify
the board of the licensee's voluntary resignation from the staff
of a health care institution or voluntary limitation of a
licensee's staff privileges at the institution if that action
occurs while the licensee is under investigation by the
institution or a committee thereof for any reason related to
medical incompetence, unprofessional conduct { + , physical
incapacity + }or { - mental or physical - } impairment.
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
Enrolled House Bill 2118 (HB 2118-C) Page 21
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.
Enrolled House Bill 2118 (HB 2118-C) Page 22
{ + (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. - }
SECTION 25. ORS 677.250 is amended to read:
677.250. The { + executive director of the + } Oregon Medical
Board shall keep a record of all { - the - } { + board + }
proceedings { - thereof - } , and also a record of all
applicants for a license, together with their ages, the time such
applicants have spent in the study and practice of medicine, the
name and location of all institutions granting to applicants
degrees in medicine and such other information as the board may
deem advisable. The record also shall show whether such
applicants were rejected or licensed under this chapter. The
record is prima facie evidence of all the matters therein
recorded, and failure of a person's name to appear in the record
is prima facie evidence that such person does not have a license
to practice medicine in this state.
SECTION 26. ORS 677.270 is amended to read:
677.270. If any licensee fails to comply with any lawful rule
or order of the Oregon Medical Board, or fails to obey any
subpoena issued by the board, or refuses to testify concerning
any matter on which the licensee may lawfully be interrogated by
the board, the board may apply to any circuit court of this
state, or the judge thereof, to compel obedience. The court or
judge, upon such application, shall institute proceedings for
contempt. The remedy provided in this section is in addition to,
and not exclusive of, the authority of the board to discipline
licensees for violations of ORS 677.190 { - (18) and (23) - }
{ + (17) and (22) + }.
SECTION 27. ORS 677.275 is amended to read:
677.275. { - (1) The Oregon Medical Board may appoint an
executive director, who need not be a member of the board, and
fix the compensation. The executive director shall be under the
supervision and control of the board, and may discharge all
duties as provided in the rules of the board or as directed by
the board. - }
{ - (2) - } Each administrative law judge conducting
hearings on behalf of the board is vested with the full authority
of the board to schedule and conduct hearings on behalf and in
the name of the board on all matters referred by the board,
including issuance of licenses, proceedings for placing licensees
on probation and for suspension and revocation of licenses, and
shall cause to be prepared and furnished to the board, for
decision thereon by the board, the complete written transcript of
the record of the hearing. This transcript shall contain all
evidence introduced at the hearing and all pleas, motions and
objections, and all rulings of the administrative law judge. Each
administrative law judge may administer oaths and issue
summonses, notices and subpoenas, but may not place any licensee
on probation or issue, refuse, suspend or revoke a license.
SECTION 28. ORS 677.415 is amended to read:
677.415. (1) As used in this section:
(a) 'Health care facility' means a facility licensed under ORS
441.015 to 441.087.
Enrolled House Bill 2118 (HB 2118-C) Page 23
(b) 'Official action' means a restriction, limitation, loss or
denial of privileges of a licensee to practice medicine, or any
formal action taken against a licensee by a government agency or
a health care facility based on a finding of medical
incompetence, unprofessional conduct { + , physical
incapacity + } or { - licensee - } impairment.
(2) The Oregon Medical Board on the board's own motion may
investigate any evidence that appears to show that a licensee
licensed by the board is or may be medically incompetent or is or
may be guilty of unprofessional or dishonorable conduct or is or
may be a licensee with { + a physical incapacity or + } an
impairment { + as defined in section 1 of this 2009 Act + }.
(3) A licensee licensed by the Oregon Medical Board, the Oregon
Medical Association, Inc., or any component society thereof, the
Osteopathic Physicians and Surgeons of Oregon, Inc. or the
Oregon Podiatric Medical Association shall report within 10
working days, and any other person may report, to the board any
information such licensee, association, society or person may
have that appears to show that a licensee is or may be medically
incompetent or is or may be guilty of unprofessional or
dishonorable conduct or is or may be a licensee with { + a
physical incapacity. + } { - an impairment. However, a licensee
who is treating another licensee for a mental disability has a
duty to report within 10 working days the licensee patient
unless, in the opinion of the treating licensee, the patient is
not impaired. - }
(4) A licensee shall self-report within 10 working days any
official action taken against the licensee.
(5) A health care facility shall report to the Oregon Medical
Board any official action taken against a licensee within 10
business days of the date of the official action.
(6) A licensee's voluntary withdrawal from the practice of
medicine or podiatry, voluntary resignation from the staff of a
health care facility or voluntary limitation of the licensee's
staff privileges at such a health care facility shall be promptly
reported to the Oregon Medical Board by the health care facility
and the licensee if the licensee's voluntary action occurs while
the licensee is under investigation by the health care facility
or a committee thereof for any reason related to possible medical
incompetence, unprofessional conduct or { - mental or - }
physical { + incapacity or + } impairment { + as defined in
section 1 of this 2009 Act + }.
(7)(a) A report made in accordance with subsection (3) of this
section shall contain:
(A) The name, title, address and telephone number of the person
making the report; and
(B) Information that appears to show that a licensee is or may
be medically incompetent, is or may be guilty of unprofessional
or dishonorable conduct or is or may be a licensee with { - an
impairment - } { + a physical incapacity + }.
(b) The Oregon Medical Board may not require in a report made
in accordance with subsection (5) or (6) of this section more
than:
(A) The name, title, address and telephone number of the
licensee making the report or the name, address and telephone
number of the health care facility making the report;
(B) The date of an official action taken against the licensee
or the licensee's voluntary action under subsection (6) of this
section; and
Enrolled House Bill 2118 (HB 2118-C) Page 24
(C) A description of the official action or the licensee's
voluntary action, as appropriate to the report, including:
(i) The specific restriction, limitation, suspension, loss or
denial of the licensee's medical staff privileges and the
effective date or term of the restriction, limitation,
suspension, loss or denial; or
(ii) The fact that the licensee has voluntarily withdrawn from
the practice of medicine or podiatry, voluntarily resigned from
the staff of a health care facility or voluntarily limited the
licensee's privileges at a health care facility and the effective
date of the withdrawal, resignation or limitation.
(c) The Oregon Medical Board may not require in a report made
in accordance with subsection (4) of this section more than:
(A) The name, title, address and telephone number of the
licensee making the report; and
(B) The specific restriction, limitation, suspension, loss or
denial of the licensee's staff privileges and the effective date
or term of the restriction, limitation, suspension, loss or
denial.
(8) A report made in accordance with this section may not
include any data that is privileged under ORS 41.675.
(9) If, in the opinion of the Oregon Medical Board, it appears
that information provided to it under this section is or may be
true, the board may order an informal interview with the licensee
subject to the notice requirement of ORS 677.320.
(10)(a) A health care facility's failure to report an official
action as required under subsection (5) of this section
constitutes a violation of this section. The health care facility
is subject to a penalty of not more than $10,000 for each
violation. The Oregon Medical Board may impose the penalty in
accordance with ORS 183.745 and, in addition to the penalty, may
assess reasonable costs the board incurs in enforcing the
requirements of this section against the health care facility if
the enforcement results in the imposition of a civil penalty.
(b) The Attorney General may bring an action in the name of the
State of Oregon in a court of appropriate jurisdiction to recover
a civil penalty and costs assessed under this subsection.
(c) A civil penalty assessed or recovered in accordance with
this subsection shall be paid to the State Treasury and the State
Treasurer shall credit the amount of the payment to the Rural
Health Services Fund established under ORS 442.570.
(11) A person who reports in good faith to the Oregon Medical
Board as required by this section is immune from civil liability
by reason of making the report.
SECTION 29. ORS 677.417 is amended to read:
677.417. The Oregon Medical Board shall determine by rule what
constitutes medical incompetence, unprofessional conduct { + ,
physical incapacity + } or { - licensee - } impairment for the
purposes of ORS chapter 677.
SECTION 30. ORS 677.655, as amended by section 5, chapter 796,
Oregon Laws 2007, is amended to read:
677.655. (1) All records and meetings of the Health
Professionals Program Supervisory Council are confidential and
shall not be subject to public disclosure, nor shall the records
be admissible as evidence in any judicial, administrative,
arbitration or mediation proceeding except proceedings between
the licensee or applicant and the Oregon Medical Board. Case
reviews, deliberations and communications regarding any
participant in the program are exempt from the provisions of ORS
192.610 to 192.690.
Enrolled House Bill 2118 (HB 2118-C) Page 25
(2) The members, employees, contractors and past or present
clients of the council shall not be subject to the disclosure
requirements in ORS 677.415.
(3) Any licensee who in good faith voluntarily participates in
an approved diversion program and successfully completes the
program shall not be subject to disciplinary investigation or
sanctions unless the licensee is suspected of a violation
described in ORS 677.190, except for ORS 677.190 (1)(a), by the
manner of obtaining or self-administration of intoxicants, drugs
or controlled substances or a violation described in ORS 677.190
(7), { - (13), (20) or (24) - } { + (19) or (23) + }.
(4) Except as otherwise provided in ORS 677.615 to 677.677,
disclosures of client records, including but not limited to
mental health records, by members, employees, contractors and
past or present clients of the council are subject to 42 C.F.R.
part 2, sections 2.1 through 2.67. For the purposes of this
subsection, medical health records and communications regarding
mental health treatment shall be treated with the same
confidentiality protections as alcohol and drug abuse patient
records under 42 C.F.R. part 2, sections 2.1 through 2.67.
{ +
OREGON STATE BOARD OF NURSING + }
SECTION 31. ORS 678.111 is amended to read:
678.111. In the manner prescribed in ORS chapter 183 for a
contested case:
(1) Issuance of the license to practice nursing, whether by
examination or by indorsement, of any person may be refused or
the license may be revoked or suspended or the licensee may be
placed on probation for a period specified by the Oregon State
Board of Nursing and subject to such condition as the board may
impose or may be issued a limited license or may be reprimanded
or censured by the board, for any of the following causes:
(a) Conviction of the licensee of crime where such crime bears
demonstrable relationship to the practice of nursing. A copy of
the record of such conviction, certified to by the clerk of the
court entering the conviction, shall be conclusive evidence of
the conviction.
(b) Gross incompetence or gross negligence of the licensee in
the practice of nursing at the level for which the licensee is
licensed.
(c) Any willful fraud or misrepresentation in applying for or
procuring a license or renewal thereof.
(d) Fraud or deceit of the licensee in the practice of nursing
or in admission to such practice.
(e) { - Use of any controlled substance or intoxicating
liquor to an extent or in a manner dangerous or injurious to the
licensee or others or to an extent that such use impairs the
ability to conduct safely the practice for which the licensee is
licensed. - } { + Impairment as defined in section 1 of this
2009 Act. + }
(f) Conduct derogatory to the standards of nursing.
(g) Violation of any provision of ORS 678.010 to 678.445 or
rules adopted thereunder.
(h) Revocation or suspension of a license to practice nursing
by any state or territory of the United States, or any foreign
jurisdiction authorized to issue nursing credentials whether or
not that license or credential was relied upon in issuing that
license in this state. A certified copy of the order of
Enrolled House Bill 2118 (HB 2118-C) Page 26
revocation or suspension shall be conclusive evidence of such
revocation or suspension.
(i) Physical { - or mental - } condition that makes the
licensee unable to conduct safely the practice for which the
licensee is licensed.
(j) Violation of any condition imposed by the board when
issuing a limited license.
(2) A certificate of special competence may be denied or
suspended or revoked for the reasons stated in subsection (1) of
this section.
(3) A license or certificate in inactive status may be denied
or suspended or revoked for the reasons stated in subsection (1)
of this section.
(4) A license or certificate in retired status may be denied or
suspended or revoked for any cause stated in subsection (1) of
this section.
SECTION 32. ORS 678.112 is amended to read:
678.112. (1) When a person licensed to practice nursing
voluntarily seeks treatment for { - chemical dependency or an
emotional - } { + 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 who elect not to participate in the voluntary
monitoring program or who fail to comply with the terms of
participation shall be reported to the board for formal
disciplinary action under ORS 678.111.
{ + 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.
Enrolled House Bill 2118 (HB 2118-C) Page 27
{ + (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. - }
Enrolled House Bill 2118 (HB 2118-C) Page 28
{ - (6) The Governor may remove a member of the board for
cause. - }
SECTION 35. ORS 678.150 is amended to read:
678.150. (1) The Oregon State Board of Nursing shall elect
annually from its number a president, a president-elect and a
secretary, each of whom shall serve until a successor is elected
and qualified. The board shall meet on the call of the president
or as the board may require. Special meetings of the board may be
called by the secretary upon the request of any three members.
Five members shall constitute a quorum.
(2) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. Notwithstanding ORS 292.495
(1), a board member shall receive up to $150 for each day or
portion thereof during which the member is actually engaged in
the performance of official duties.
(3) The board shall adopt a seal which shall be in the care of
the executive director.
(4) The board shall keep a record of all its proceedings and of
all persons licensed and schools or programs accredited or
approved under ORS 678.010 to 678.445. The records shall at all
reasonable times be open to public scrutiny.
(5) { - Subject to the State Personnel Relations Law, the
board shall hire, define the duties and fix the salary of an
executive director who shall hire and define the duties of such
other - } { + The executive director of the board may hire and
define the duties of + } employees as { - are - } necessary to
carry into effect the provisions of ORS 678.010 to 678.445. The
executive director, 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.
(6) The board shall determine the qualifications of applicants
for a license to practice nursing in this state and establish
educational and professional standards for such applicants
subject to laws of this state.
(7) The board shall:
(a) Exercise general supervision over the practice of nursing
in this state.
(b) Prescribe standards and approve curricula for nursing
education programs preparing persons for licensing under ORS
678.010 to 678.445.
(c) Provide for surveys of nursing education programs at such
times as may be necessary.
(d) Accredit such nursing education programs as meet the
requirements of ORS 678.010 to 678.445 and of the board.
(e) Deny or withdraw accreditation from nursing education
programs for failure to meet prescribed standards.
(f) Examine, license and renew the licenses of duly qualified
applicants and administer examinations for other states where
requested to do so by the other state.
(g) Issue subpoenas for any records relevant to a board
investigation, including patient and other medical records,
personnel records applicable to nurses and nursing assistants,
records of schools of nursing and nursing assistant training
records and any other relevant records; issue subpoenas to
persons for personal interviews relating to board investigations;
compel the attendance of witnesses; and administer oaths or
affirmations to persons giving testimony during an investigation
or at hearings. In any proceeding under this subsection, when a
subpoena is issued to an applicant, certificate holder or
Enrolled House Bill 2118 (HB 2118-C) Page 29
licensee of the board, a claim of nurse-patient privilege under
ORS 40.240 or of psychotherapist-patient privilege under ORS
40.230 is not grounds for quashing the subpoena or for refusing
to produce the material that is subject to the subpoena.
(h) Enforce the provisions of ORS 678.010 to 678.445, and incur
necessary expenses therefor.
(i) Prescribe standards for the delegation of special tasks of
patient care to nursing assistants and for the supervision of
nursing assistants. The standards must include rules governing
the delegation of administration of noninjectable medication by
nursing assistants and must include rules prescribing the types
of noninjectable medication that can be administered by nursing
assistants, and the circumstances, if any, and level of
supervision under which nursing assistants can administer
noninjectable medication. In formulating the rules governing the
administration of noninjectable medication by nursing assistants,
the board shall consult with nurses, physicians, gerontologists
and pharmacologists. Notwithstanding any other provision of this
paragraph, however, determination of the appropriateness of the
delegation of a special task of patient care shall remain with
the registered nurse issuing the order.
(j) Notify licensees at least annually of changes in
legislative or board rules that affect the licensees. Notice may
be by newsletter or other appropriate means.
(8) The board shall determine the scope of practice as
delineated by the knowledge acquired through approved courses of
education or through experience.
(9) For local correctional facilities, lockups and juvenile
detention facilities, as defined in ORS 169.005, youth correction
facilities as defined in ORS 420.005, for facilities operated by
a public agency for detoxification of persons who use alcohol
excessively, for homes or facilities licensed under ORS 443.705
to 443.825 for adult foster care, and for facilities licensed
under ORS 443.400 to 443.455 for residential care, training or
treatment, the board shall adopt rules pertaining to the
provision of nursing care, and to the various tasks relating to
the administration of noninjectable medication including
administration of controlled substances. The rules must provide
for delegation of nursing care and tasks relating to the
administration of medication to other than licensed nursing
personnel by a physician licensed by the Oregon Medical Board or
by a registered nurse, designated by the facility. Such
delegation must occur under the procedural guidance, initial
direction and periodic inspection and evaluation of the physician
or registered nurse. However, the provision of nursing care may
be delegated only by a registered nurse.
(10) The { - board - } { + Oregon State Board of
Nursing + } may require applicants, licensees and certificate
holders under ORS 678.010 to 678.445 to provide to the board data
concerning the individual's nursing employment and education.
(11) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the board may require
the fingerprints of a person who is:
(a) Applying for a license or certificate that is issued by the
board;
(b) Applying for renewal of a license or certificate that is
issued by the board; or
(c) Under investigation by the board.
(12) Pursuant to ORS chapter 183, the board shall adopt rules
necessary to carry out the provisions of ORS 678.010 to 678.445.
Enrolled House Bill 2118 (HB 2118-C) Page 30
SECTION 36. ORS 678.442 is amended to read:
678.442. (1) The Oregon State Board of Nursing shall establish
standards for certifying and shall certify as a nursing assistant
any person who applies therefor, shows completion of an approved
training program for nursing assistants and passes a board
approved examination.
(2) In the manner prescribed in ORS chapter 183, the board may
revoke or suspend a certificate issued under this section or may
reprimand a nursing assistant for the following reasons:
(a) Conviction of the certificate holder of a crime where such
crime bears demonstrable relationship to the duties of a nursing
assistant. A copy of the record of such conviction, certified to
by the clerk of the court entering the conviction, shall be
conclusive evidence of the conviction.
(b) Any willful fraud or misrepresentation in applying for or
procuring a certificate or renewal thereof.
(c) { - Use of any controlled substance or intoxicating
liquor to an extent or in a manner dangerous or injurious to the
certificate holder or others or to an extent that such use
impairs the ability to conduct safely the duties of a nursing
assistant. - } { + Impairment as defined in section 1 of this
2009 Act. + }
(d) Violation of any provisions of ORS 678.010 to 678.445 or
rules adopted thereunder.
(e) Physical { - or mental - } condition that makes the
certificate holder unable to perform safely the duties of a
nursing assistant.
(f) Conduct unbecoming a nursing assistant in the performance
of duties.
(3) The board shall establish by rule a procedure for the
biennial renewal of nursing assistant certificates. The
certificate renewal procedure shall be substantially like the
procedure established for the licensing of nurses under ORS
678.101.
{ +
BOARD OF EXAMINERS OF + }
{ +
NURSING HOME ADMINISTRATORS + }
SECTION 37. ORS 678.780 is amended to read:
678.780. (1) The sanctions authorized by subsection (2) of this
section may be imposed upon the following grounds:
(a) The employment of fraud or deception in applying for or
obtaining a nursing home administrator's license.
(b) Engaging in conduct in the course of acting as a nursing
home administrator involving fraud, dishonesty, malfeasance,
cheating or other conduct as the Board of Examiners of Nursing
Home Administrators of the State of Oregon may prohibit by rule.
(c) Conviction of a crime involving circumstances that relate
to the licensee's fitness to continue practicing as a nursing
home administrator.
(d) Mistake or inadvertence in the issuance of the license by
the board.
(e) Physical { - or mental - } incapacity that presents an
unreasonable risk of harm to the licensee or to the person or
property of others in the course of performing the duties of a
nursing home administrator.
(f) { - Use of any controlled substance or intoxicating
liquor in a manner that impairs the licensee's ability to conduct
Enrolled House Bill 2118 (HB 2118-C) Page 31
safely the practice for which the licensee is licensed. - } { +
Impairment as defined in section 1 of this 2009 Act. + }
(g) The licensee has engaged in conduct that would justify
denying a license to an applicant.
(h) Violation of or noncompliance with any applicable
provisions of ORS 678.710 to 678.780, 678.800 to 678.840 and
678.990 (2) or of any lawful rule or order of the board or
continuous or substantial violations of the rules adopted under
ORS 441.055.
(i) Discipline imposed by any other licensing body in this or
any other state based on conduct that would be grounds for
discipline under this section or rules adopted by the board.
(j) Incompetence in performing the duties of a nursing home
administrator as demonstrated by evidence that the licensee
either lacks or did not use the knowledge or skill necessary to
perform the administrator's duties in a minimally adequate
manner.
(k) Employing or otherwise assisting another person to act as a
nursing home administrator with knowledge that the person does
not hold a valid license to practice as a nursing home
administrator.
(L) Failure to pay a civil penalty imposed against the licensee
in a timely manner.
(m) Unprofessional conduct as defined in rules adopted by the
board.
(2) Subject to ORS chapter 183, the board may impose any or all
of the following sanctions:
(a) Suspend, revoke or refuse to renew any license required by
ORS 678.720.
(b) A civil penalty not to exceed $1,000.
(c) Probation, with authority to limit or restrict a license.
(d) Participation in a treatment program for intoxicating
liquor or controlled substances.
(3) Hearings under this section must be conducted by an
administrative law judge assigned from the Office of
Administrative Hearings established by ORS 183.605.
(4) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
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);
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(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. - }
{ +
OREGON BOARD OF DENTISTRY + }
SECTION 39. ORS 679.140 is amended to read:
Enrolled House Bill 2118 (HB 2118-C) Page 33
679.140. (1) The Oregon Board of Dentistry may discipline as
provided in this section any person licensed to practice
dentistry in this state for any of the following causes:
(a) Conviction of any violation of the law for which the court
could impose a punishment if the board makes the finding required
by ORS 670.280. The record of conviction or a certified copy
thereof, certified by the clerk of the court or by the judge in
whose court the conviction is entered, is conclusive evidence of
the conviction.
(b) Renting or lending a license or diploma of the dentist to
be used as the license or diploma of another person.
(c) Unprofessional conduct.
(d) Any violation of this chapter or ORS 680.010 to 680.205, of
rules adopted pursuant to this chapter or ORS 680.010 to 680.205
or of an order issued by the board.
(e) Engaging in or permitting the performance of unacceptable
patient care by the dentist or by any person working under the
supervision of the dentist due to a deliberate or negligent act
or failure to act by the dentist, regardless of whether actual
injury to the patient is established.
(f) Incapacity to practice safely.
(2) 'Unprofessional conduct' as used in this chapter includes
but is not limited to the following:
(a) Obtaining any fee by fraud or misrepresentation.
(b) Willfully betraying confidences involved in the
patient-dentist relationship.
(c) Employing, aiding, abetting or permitting any unlicensed
personnel to practice dentistry or dental hygiene.
(d) Making use of any advertising statements of a character
tending to deceive or mislead the public or that are untruthful.
(e) { - Addiction, dependency upon or self-abuse of alcohol
or other drugs. - } { + Impairment as defined in section 1 of
this 2009 Act. + }
(f) Obtaining or attempting to obtain a controlled substance in
any manner proscribed by the rules of the board.
(g) Prescribing or dispensing drugs outside the scope of the
practice of dentistry or in a manner that impairs the health and
safety of an individual.
(h) Disciplinary action by a state licensing or regulatory
agency of this or another state regarding a license to practice
dentistry, dental hygiene or any other health care profession
when, in the judgment of the board, the act or conduct resulting
in the disciplinary action bears a demonstrable relationship to
the ability of the licensee or applicant to practice dentistry or
dental hygiene in accordance with the provisions of this chapter.
A certified copy of the record of the disciplinary action is
conclusive evidence of the disciplinary action.
(3) The proceedings under this section may be taken by the
board from the matters within its knowledge or may be taken upon
the information of another, but if the informant is a member of
the board, the other members of the board shall constitute the
board for the purpose of finding judgment of the accused.
(4) In determining what constitutes unacceptable patient care,
the board may take into account all relevant factors and
practices, including but not limited to the practices generally
and currently followed and accepted by persons licensed to
practice dentistry in this state, the current teachings at
accredited dental schools, relevant technical reports published
in recognized dental journals and the desirability of reasonable
experimentation in the furtherance of the dental arts.
Enrolled House Bill 2118 (HB 2118-C) Page 34
(5) In disciplining a person as authorized by subsection (1) of
this section, the board may use any or all of the following
methods:
(a) Suspend judgment.
(b) Place a licensee on probation.
(c) Suspend a license to practice dentistry in this state.
(d) Revoke a license to practice dentistry in this state.
(e) Place limitations on a license to practice dentistry in
this state.
(f) Refuse to renew a license to practice dentistry in this
state.
(g) Accept the resignation of a licensee to practice dentistry
in this state.
(h) Assess a civil penalty.
(i) Reprimand a licensee.
(j) Impose any other disciplinary action the board in its
discretion finds proper, including assessment of the costs of the
disciplinary proceedings as a civil penalty.
(6) If the board places any person upon probation as set forth
in subsection (5)(b) of this section, the board may determine and
may at any time modify the conditions of the probation and may
include among them any reasonable condition for the purpose of
protection of the public and for the purpose of the
rehabilitation of the probationer or both. Upon expiration of the
term of probation, further proceedings shall be abated by the
board if the person holding the license furnishes the board with
evidence that the person is competent to practice dentistry and
has complied with the terms of probation. If the evidence fails
to establish competence to the satisfaction of the board or if
the evidence shows failure to comply with the terms of the
probation, the board may revoke or suspend the license.
(7) If a license to practice dentistry in this state is
suspended, the person holding the license may not practice during
the term of suspension. Upon the expiration of the term of
suspension, the license shall be reinstated by the board if the
board finds, based upon evidence furnished by the person, that
the person is competent to practice dentistry and has not
practiced dentistry in this state during the term of suspension.
If the evidence fails to establish to the satisfaction of the
board that the person is competent or if any evidence shows the
person has practiced dentistry in this state during the term of
suspension, the board may revoke the license after notice and
hearing.
(8) Upon receipt of a complaint under this chapter or ORS
680.010 to 680.205, the board shall conduct an investigation as
described under ORS 676.165.
(9) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175. Notwithstanding ORS 676.165 to
676.180, the board may disclose confidential information
regarding a licensee or an applicant to persons who may evaluate
or treat the licensee or applicant for drug abuse, alcohol abuse
or any other health related conditions.
(10) The board may impose against any person who violates the
provisions of this chapter or ORS 680.010 to 680.205 or rules of
the board a civil penalty of up to $5,000 for each violation. Any
civil penalty imposed under this section shall be imposed in the
manner provided in ORS 183.745.
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(11) Notwithstanding the expiration, suspension, revocation or
surrender of the license, or the resignation or retirement of the
licensee, the board may:
(a) Proceed with any investigation of, or any action or
disciplinary proceedings against, the dentist or dental
hygienist; or
(b) Revise or render void an order suspending or revoking the
license.
(12)(a) The board may continue with any proceeding or
investigation for a period not to exceed four years from the date
of the expiration, suspension, revocation or surrender of the
license, or the resignation or retirement of the licensee; or
(b) If the board receives a complaint or initiates an
investigation within that four-year period, the board's
jurisdiction continues until the matter is concluded by a final
order of the board following any appeal.
(13) Withdrawing the application for license does not close any
investigation, action or proceeding against an applicant.
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
Enrolled House Bill 2118 (HB 2118-C) Page 36
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.
SECTION 41. ORS 679.250 is amended to read:
679.250. The powers and duties of the Oregon Board of Dentistry
are as follows:
(1) To, during the month of April of each year, organize and
elect from its membership a president who shall hold office for
one year, or until the election and qualification of a successor.
{ - The board shall appoint an administrative officer who shall
discharge such duties as the board shall, from time to time,
prescribe. - }
(2) To authorize all necessary disbursements to carry out the
provisions of this chapter, including but not limited to, payment
for necessary supplies, office equipment, books and expenses for
the conduct of examinations, payment for legal and investigative
services rendered to the board, and such other expenditures as
are provided for in this chapter.
(3) To employ such inspectors, examiners, special agents,
investigators, clerical assistants, assistants and accountants as
are necessary for the investigation and prosecution of alleged
violations and the enforcement of this chapter and for such other
purposes as the board may require. Nothing in this chapter shall
be construed to prevent assistance being rendered by an employee
of the board in any hearing called by it. However, all
obligations for salaries and expenses incurred under this chapter
shall be paid from the fees accruing to the board under this
chapter and not otherwise.
(4)(a) To conduct examinations of applicants for license to
practice dentistry and dental hygiene at least twice in each
year.
(b) In conducting examinations for licensure, the board may
enter into a compact with other states for conducting regional
examinations with other board of dental examiners concerned, or
by a testing service recognized by such boards.
(5) To meet for the transaction of other business at the call
of the president. A majority of board members shall constitute a
quorum. A majority vote of those present shall be a decision of
the entire board. The board's proceedings shall be open to public
inspection in all matters affecting public interest.
(6) To keep an accurate record of all proceedings of the board
and of all its meetings, of all receipts and disbursements, of
all prosecutions for violation of this chapter, of all
examinations for license to practice dentistry, with the names
and qualifications for examination of any person examined,
together with the addresses of those licensed and the results of
such examinations, a record of the names of all persons licensed
to practice dentistry in Oregon together with the addresses of
Enrolled House Bill 2118 (HB 2118-C) Page 37
all such persons having paid the license fee prescribed in ORS
679.120 and the names of all persons whose license to practice
has been revoked or suspended.
(7) To make and enforce rules necessary for the procedure of
the board, for the conduct of examinations, for regulating the
practice of dentistry, and for regulating the services of dental
hygienists and dental auxiliary personnel not inconsistent with
the provisions of this chapter. As part of such rules, the board
may require the procurement of a permit or other certificate. Any
permit issued may be subject to periodic renewal. In adopting
rules, the board shall take into account all relevant factors
germane to an orderly and fair administration of this chapter and
of ORS 680.010 to 680.205, the practices and materials generally
and currently used and accepted by persons licensed to practice
dentistry in this state, dental techniques commonly in use,
relevant technical reports published in recognized dental
journals, the curriculum at accredited dental schools, the
desirability of reasonable experimentation in the furtherance of
the dental arts, and the desirability of providing the highest
standard of dental care to the public consistent with the lowest
economic cost.
(8) Upon its own motion or upon any complaint, to initiate and
conduct investigations of and hearings on all matters relating to
the practice of dentistry, the discipline of licensees, or
pertaining to the enforcement of any provision of this chapter.
In the conduct of investigations or upon the hearing of any
matter of which the board may have jurisdiction, the board may
take evidence, administer oaths, take the depositions of
witnesses, including the person charged, in the manner provided
by law in civil cases, and compel their appearance before it in
person the same as in civil cases, by subpoena issued over the
signature of an employee of the board and in the name of the
people of the State of Oregon, require answers to
interrogatories, and compel the production of books, papers,
accounts, documents and testimony pertaining to the matter under
investigation or to the hearing. In all investigations and
hearings, the board and any person affected thereby may have the
benefit of counsel, and all hearings shall be held in compliance
with ORS chapter 183. Notwithstanding ORS 676.165, 676.175 and
679.320, if a licensee who is the subject of an investigation or
complaint is to appear before members of the board investigating
the complaint, the board shall provide the licensee with a
current summary of the complaint or the matter being investigated
not less than five days prior to the date that the licensee is to
appear. At the time the summary of the complaint or the matter
being investigated is provided, the board shall provide to the
licensee a current summary of documents or alleged facts that the
board has acquired as a result of the investigation. The name of
the complainant or other information that reasonably may be used
to identify the complainant may be withheld from the licensee.
(9) To require evidence as determined by rule of continuing
education or to require satisfactory evidence of operative
competency before reissuing or renewing licenses for the practice
of dentistry or dental hygiene.
(10) To adopt and enforce rules regulating administration of
general anesthesia and conscious sedation by a dentist or under
the supervision of a dentist in the office of the dentist. As
part of such rules, the board may require the procurement of a
permit which must be periodically renewed.
Enrolled House Bill 2118 (HB 2118-C) Page 38
(11) To order an applicant or licensee to submit to a physical
examination, mental examination or a competency examination when
the board has evidence indicating the incapacity of the applicant
or licensee to practice safely.
SECTION 42. ORS 679.290 is amended to read:
679.290. (1) If a person fails to comply with any subpoena
issued under ORS 679.250 (8), a judge of the circuit court of any
county, on application of the { - administrative officer - }
{ + executive director + } of the Oregon Board of Dentistry,
shall compel obedience by proceedings for contempt as in the case
of disobedience of the requirements of a subpoena issued from the
circuit court.
(2) In any proceeding under subsection (1) of this section and
where the subpoena is addressed to a licensee of the board it
shall not be a defense that:
(a) No witness or mileage fee was paid; or
(b) The material that is subject to the subpoena is protected
under a patient and dentist privilege.
{ +
STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE + }
{ +
PATHOLOGY AND AUDIOLOGY + }
SECTION 43. ORS 681.350 is amended to read:
681.350. (1) The State Board of Examiners for Speech-Language
Pathology and Audiology may refuse to issue or renew any license
or conditional license, may suspend or revoke any license or
conditional license, may reprimand any licensee or conditional
licensee or may place any licensee or conditional licensee on
probation if the applicant, licensee or conditional licensee has:
(a) Obtained or attempted to obtain a license or conditional
license by means of fraud, misrepresentation, or concealment of
material facts.
(b) Violated any ethical standards of practice established
under ORS 681.420.
(c) Violated any lawful order or rule of the board.
(d) Violated any provisions of this chapter.
(e) Been disciplined by a professional licensing board in
another state or in this state.
{ + (f) An impairment as defined in section 1 of this 2009
Act. + }
(2) An applicant, a licensee or a conditional licensee is
entitled to an opportunity for a hearing that complies with all
applicable requirements of ORS chapter 183 before the board takes
final action under subsection (1) of this section.
(3) A person whose license has been revoked or whose
application for a license has been denied may apply for
reinstatement or licensure only under conditions, if any, set
forth in the board's final order of revocation or denial of
license.
(4) In disciplining a licensee or a conditional licensee, the
board may impose any disciplinary action the board finds proper,
including assessment of costs of the disciplinary proceedings as
a civil penalty.
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
Enrolled House Bill 2118 (HB 2118-C) Page 39
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.
SECTION 45. ORS 681.450 is amended to read:
681.450. { - (1) Subject to applicable provisions of the
State Personnel Relations Law, the State Board of Examiners for
Speech-Language Pathology and Audiology may appoint an executive
director and prescribe the duties and fix the compensation of the
executive director. - }
Enrolled House Bill 2118 (HB 2118-C) Page 40
{ - (2) The executive director shall keep all records of the
board and discharge any other duties that the board may
prescribe. - }
{ - (3) - } The executive director { + of the State Board
of Examiners for Speech-Language Pathology and Audiology + } may,
within guidelines established by the Oregon Department of
Administrative Services, hire employees and enter into contracts
for specific services necessary to carry out the administration
of this chapter.
{ +
OREGON BOARD OF OPTOMETRY + }
SECTION 46. ORS 683.140 is amended to read:
683.140. (1) The Oregon Board of Optometry may discipline as
provided in this section any optometrist or person, where
appropriate, for the following causes:
(a) Conviction of a felony or misdemeanor where such an offense
bears a demonstrable relationship to the duties of an
optometrist. The record of conviction, or a certified copy
thereof certified by the clerk of the court or by the judge in
whose court the conviction is had, shall be conclusive evidence
of such conviction.
(b) Securing a license by practicing fraud or deceit upon the
board.
(c) Unprofessional conduct, or for gross ignorance or
inefficiency in the profession.
(d) Obtaining any fee by fraud or misrepresentation.
(e) Employing directly or indirectly any suspended or
unlicensed optometrist to perform any work covered by ORS 683.010
to 683.335.
(f) Advertising optometric services or treatment or advice in
which untruthful, improbable, misleading or deceitful statements
are made.
(g) { - Habitual or excessive use of intoxicants, drugs or
controlled substances. - } { + Impairment as defined in section
1 of this 2009 Act. + }
(h) Permitting another person to use the optometrist's license.
(i) Using advertisements that do not indicate that a licensed
optometrist is practicing at the advertised location or locations
or advertising optometric services without having a licensed
optometrist at the location or locations.
(j) Advertising professional methods or professional
superiority.
(k) Failing to comply with the requirements for continuing
education.
(L) Violating the federal Controlled Substances Act.
(m) Prescribing controlled substances without a legitimate
optometric purpose, or without following accepted procedures for
examination of patients or for record keeping.
(n) Failing to report to the board any adverse action taken
against the optometrist or person by another licensing
jurisdiction, health regulatory board, peer review body, health
care institution, professional optometric society or association,
governmental agency, law enforcement agency or court for acts
similar to conduct that would constitute grounds for disciplinary
action as described in this section.
(o) Having been disciplined by any health regulatory board of
another state based on acts similar to acts described in this
section. A certified copy of the record of disciplinary action of
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the health regulatory board taking the disciplinary action is
considered conclusive evidence of the action.
(p) Any violation of the provisions of ORS 683.010 to 683.335.
(2) When disciplining an optometrist or other person as
authorized by subsection (1) of this section, the Oregon Board of
Optometry may do any or all of the following:
(a) Deny an initial license;
(b) Revoke, suspend or refuse to renew a license;
(c) Place the optometrist on probation;
(d) Impose limitations on the optometrist; or
(e) Take other disciplinary action as the board in its
discretion finds proper, including the assessment of the costs of
the disciplinary proceedings as a civil penalty or assessment of
a civil penalty not to exceed $10,000 for each violation, or
both.
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.
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(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.
{ +
STATE BOARD OF CHIROPRACTIC EXAMINERS + }
SECTION 49. ORS 684.010 is amended to read:
684.010. As used in this chapter:
(1) 'Active senior' means a person who:
(a) Is licensed under ORS 684.054;
(b) Is at least 60 years of age; and
(c) Has been in practice for 25 years or more.
(2) 'Chiropractic' is defined as:
(a) That system of adjusting with the hands the articulations
of the bony framework of the human body, and the employment and
practice of physiotherapy, electrotherapy, hydrotherapy and minor
surgery.
(b) The chiropractic diagnosis, treatment and prevention of
body dysfunction; correction, maintenance of the structural and
functional integrity of the neuro-musculoskeletal system and the
effects thereof or interferences therewith by the utilization of
all recognized and accepted chiropractic diagnostic procedures
and the employment of all rational therapeutic measures as taught
in approved chiropractic colleges.
(3) 'Chiropractic physician' means a person licensed by ORS
677.060, 684.025, 684.100, 684.155 or 688.010 to 688.201 and this
section as an attending physician.
(4) 'Drugs' means all medicines and preparations and all
substances, except over-the-counter nonprescription substances,
food, water and nutritional supplements taken orally, used or
intended to be used for the diagnosis, cure, treatment,
mitigation or prevention of diseases or abnormalities of humans,
which are recognized in the latest editions of the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia,
official National Formulary, or any supplement to any of them, or
otherwise established as drugs.
{ - (5) 'Impaired chiropractic physician' means a
chiropractic physician unable to practice chiropractic with
reasonable skill and safety by reason of habitual or excessive
use or abuse of drugs, alcohol or other substances that impair
ability. - }
{ - (6) - } { + (5) + } 'Minor surgery' means the use of
electrical or other methods for the surgical repair and care
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incident thereto of superficial lacerations and abrasions, benign
superficial lesions, and the removal of foreign bodies located in
the superficial structures; and the use of antiseptics and local
anesthetics in connection therewith.
SECTION 50. ORS 684.100 is amended to read:
684.100. (1) The State Board of Chiropractic Examiners may
refuse to grant a license to any applicant or may discipline a
person upon any of the following grounds:
(a) Fraud or misrepresentation.
(b) The practice of chiropractic under a false or assumed name.
(c) The impersonation of another practitioner of like or
different name.
(d) A conviction of a felony or misdemeanor involving moral
turpitude. A copy of the record of conviction, certified to by
the clerk of the court entering the conviction, is conclusive
evidence of the conviction.
{ - (e) Commitment to a mental institution. A copy of the
record of commitment, certified to by the clerk of the court
entering the commitment, is conclusive evidence of the
commitment. - }
{ - (f) Habitual intemperance in the use of intoxicants or
controlled substances to such an extent as to incapacitate the
person from the performance of professional duties. - }
{ + (e) Impairment as defined in section 1 of this 2009
Act. + }
{ - (g) - } { + (f) + } Unprofessional or dishonorable
conduct, including but not limited to:
(A) Any conduct or practice contrary to recognized standard of
ethics of the chiropractic 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
chiropractic.
(B) Willful ordering or performance of unnecessary laboratory
tests or studies; administration of unnecessary treatment;
failure to obtain consultations or perform referrals when failing
to do so is not consistent with the standard of care; or
otherwise ordering or performing any chiropractic service, X-ray
or treatment that is contrary to recognized standards of practice
of the chiropractic profession.
(C) Gross malpractice or repeated malpractice.
{ - (h) - } { + (g) + } Failing to notify the board of a
change in location of practice as provided in ORS 684.054.
{ - (i) - } { + (h) + } Representing to a patient that a
manifestly incurable condition of sickness, disease or injury can
be permanently cured.
{ - (j) - } { + (i) + } The use of any advertising making
untruthful, improper, misleading or deceptive statements.
{ - (k) - } { + (j) + } The advertising of techniques or
modalities to infer or imply superiority of treatment or
diagnosis by the use thereof that cannot be conclusively proven
to the satisfaction of the board.
{ - (L) - } { + (k) + } Knowingly permitting or allowing
any person to use the license of the person in the practice of
any system or mode of treating the sick.
{ - (m) - } { + (L) + } Advertising either in the name of
the person or under the name of another person, clinic or
concern, actual or pretended, in any newspaper, pamphlet,
circular or other written or printed paper or document,
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professing superiority to or a greater skill than that possessed
by other chiropractic physicians that cannot be conclusively
proven to the satisfaction of the board.
{ - (n) - } { + (m) + } Aiding or abetting the practice of
any of the healing arts by an unlicensed person.
{ - (o) - } { + (n) + } The use of the name of the person
under the designation, 'Doctor,' 'Dr.,' 'D.C.,' 'Chiropractor, '
' Chiropractic D.C.,' 'Chiropractic Physician,' or 'Ph.C., ' or
any similar designation with reference to the commercial
exploitation of any goods, wares or merchandise.
{ - (p) - } { + (o) + } The advertising or holding oneself
out to treat diseases or other abnormal conditions of the human
body by any secret formula, method, treatment or procedure.
{ - (q) - } { + (p) + } Violation of any provision of this
chapter or any rule adopted thereunder.
{ - (r) - } { + (q) + } Gross incompetency or gross
negligence.
{ - (s) - } { + (r) + } The suspension or revocation by
another state of a license to practice chiropractic, based upon
acts by the licensee similar to acts described in this section. A
certified copy of the record of suspension or revocation of the
state making the suspension or revocation is conclusive evidence
thereof.
{ - (t) - } { + (s) + } Failing to give prior notice to
patients of the permanent or temporary closure of the physician's
practice or failing to give reasonable access to the records and
files of the physician's patients at any time.
{ - (u) - } { + (t) + } The suspension or revocation by
another licensing board in the state of a license to practice as
another type of health care provider.
{ - (v) - } { + (u) + } An act or conduct that results in a
judgment of wrongdoing by a court of competent jurisdiction in
any state or a finding of wrongdoing in an administrative
proceeding in any state. The act or conduct must be rationally
connected to the ability to practice chiropractic or chiropractic
assisting.
(2) The board may, at any time two years or more after the
refusal, revocation or cancellation of registration under this
section, by a majority vote, issue a license restoring to or
conferring on the person all the rights and privileges of the
practice of chiropractic as defined and regulated by this
chapter. Any person to whom those rights have been restored
shall pay to the board the annual registration fee for the
license category plus one-half thereof.
(3) If the board determines that a chiropractic physician's
continuation in practice would constitute a serious danger to the
public, the board may suspend the license of the chiropractic
physician without a hearing. Simultaneously with the order of
suspension, the board must institute proceedings for a hearing
provided under this section and the suspension may continue
unless injunctive relief is obtained from a court of competent
jurisdiction showing just cause or undue burden under the
circumstances existing.
(4) If a physician refuses a written request for an informal
interview with the board, the board shall have grounds to suspend
or revoke the license of a physician pursuant to this section.
(5) Prior to or following an informal interview as described in
this section, the board may request any Oregon licensed
chiropractic physician in good standing to assist the board in
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preparing for or conducting any professional competency
examination as the board may deem appropriate.
(6) Notwithstanding any other provisions of ORS 684.010,
684.040, 684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and
684.155, the board may at any time direct and order a
professional competency examination limited to the area of
practice out of which a specific complaint has arisen and make an
investigation, including the taking of depositions or otherwise
in order to fully inform itself with respect to the performance
or conduct of a physician licensed under ORS 684.010, 684.040,
684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and 684.155.
(7) If the board has reasonable cause to believe that any:
(a) Chiropractic physician is or may be unable to practice with
reasonable skill and safety to patients, the board may:
(A) Cause a competency examination of the physician for
purposes of determining the physician's fitness to practice
chiropractic with reasonable skill and safety to patients; or
(B) Require the fingerprints and relevant personal history data
of the physician for the purpose of requesting a state or
nationwide criminal records check under ORS 181.534.
(b) Person certified to provide physiotherapy, electrotherapy
or hydrotherapy pursuant to ORS 684.155 (1)(c) is or may be
unable to provide the therapies with reasonable skill and safety
to patients, the board may:
(A) Cause a competency examination of the person for purposes
of determining the person's fitness to provide the therapies with
reasonable skill and safety to patients; or
(B) Require the fingerprints and relevant personal history data
of the person for the purpose of requesting a state or nationwide
criminal records check under ORS 181.534.
(8) Refusal by any person to take or appear for a competency
examination scheduled by the board or to submit fingerprints and
relevant personal history data as required by the board under
subsection (7) of this section shall constitute grounds for
disciplinary action.
(9) In disciplining a person as authorized by subsection (1) of
this section, the board may use any or all of the following
methods:
(a) Suspend judgment.
(b) Place the person on probation.
(c) Suspend the license of the person to practice chiropractic
in this state.
(d) Revoke the license of the person to practice chiropractic
in this state.
(e) Place limitations on the license of the person to practice
chiropractic in this state.
(f) Impose a civil penalty not to exceed $10,000.
(g) Take other disciplinary action as the board in its
discretion finds proper, including assessment of the costs of the
disciplinary proceedings.
(10)(a) Any information that the board obtains pursuant to ORS
684.100, 684.112 and 684.155 (9) is confidential as provided
under ORS 676.175.
(b) Any person who reports or provides information to the board
under ORS 684.090, 684.100, 684.112, 684.150 and 684.155 and who
provides information in good faith shall not be subject to an
action for civil damages as a result thereof.
SECTION 51. ORS 684.103 is amended to read:
684.103. (1) In addition to or instead of any disciplinary
action under ORS 684.100, the State Board of Chiropractic
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Examiners may refer { - an impaired - } { + a + }
chiropractic physician { + who has an impairment as defined in
section 1 of this 2009 Act + } to a board-approved diversion
program.
(2) The program administrator shall report to the board and
provide all pertinent information concerning an impaired
chiropractic physician who is referred to the program.
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. - }
SECTION 53. ORS 684.140 is amended to read:
684.140. The State Board of Chiropractic Examiners shall
annually elect a president, a vice president and a
secretary-treasurer from its membership. The { + executive
director of the + } board shall keep a record of the proceedings
of the board which shall be open to public inspection at all
times during business hours.
SECTION 54. ORS 684.157 is amended to read:
684.157. The State Board of Chiropractic Examiners may enter
into contracts to make services available to { - impaired - }
chiropractic physicians { + who have an impairment as defined in
section 1 of this 2009 Act + } and may, in accordance with ORS
chapter 183, adopt rules for the administration of a diversion
program for impaired chiropractic physicians.
{ + NOTE: + } Section 55 was deleted by amendment. Subsequent
sections were not renumbered.
Enrolled House Bill 2118 (HB 2118-C) Page 47
{ +
BOARD OF NATUROPATHIC EXAMINERS + }
SECTION 56. ORS 685.110 is amended to read:
685.110. The Board of Naturopathic Examiners 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) The use of fraud or deception in securing a license.
(2) The impersonation of another physician.
(3) Practicing naturopathic medicine under an assumed name.
(4) The performance of an abortion.
(5) The conviction 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) Conviction of a crime relating to practice of naturopathic
medicine.
(8) Negligence related to the practice of naturopathic
medicine.
(9) { - Habitual or excessive use of intoxicants, drugs or
controlled substances. - } { + Impairment as defined in section
1 of this 2009 Act. + }
(10) Prescribing or dispensing drugs outside the scope of
practice.
{ - (11) Commitment 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) + } 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) + } 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) + } Willful and consistent
utilization of any naturopathic service, X-ray equipment or
treatment that is contrary to recognized standards of practice of
the naturopathic profession.
{ - (17) - } { + (16) + } Failure 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) + } Suspension or revocation of a
license to practice naturopathic medicine in another
jurisdiction.
{ - (20) - } { + (19) + } Employing unlicensed persons to
practice naturopathic medicine.
{ - (21) - } { + (20) + } Practicing natural childbirth
without first obtaining a certificate of special competency.
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{ - (22) - } { + (21) + } Representing that the licensee is
a medical specialist or practices a medical specialty.
{ - (23) - } { + (22) + } Failure 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) + } Failure to pay a civil penalty in
the time specified by the order imposing the penalty.
{ - (25) - } { + (24) + } Violation of any provision of
this chapter or rules adopted by the board.
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.
SECTION 58. ORS 685.170 is amended to read:
685.170. Annually, the Board of Naturopathic Examiners shall
elect one of its members chair. The chair shall have power during
Enrolled House Bill 2118 (HB 2118-C) Page 49
the term of office to summon witnesses, administer oaths and take
testimony and affidavits. The executive director of the board or
a designee of the executive director shall keep a record of all
actions of the board, including a detailed register of applicants
for a license. { - The board shall employ or appoint a person
to act as executive director of the board and perform such duties
and functions as may be prescribed by the board. - }
{ +
OREGON STATE VETERINARY MEDICAL EXAMINING BOARD + }
SECTION 59. ORS 686.120 is amended to read:
686.120. (1) With the consent of five members, the Oregon State
Veterinary Medical Examining Board may discipline in accordance
with ORS 686.150 any permit or license holder under this chapter
for unprofessional or dishonorable conduct.
(2) The board may discipline in accordance with ORS 686.150 any
permit or license holder who:
(a) After undergoing a physical or mental health evaluation
ordered by the board, has been determined to have a physical
{ - or mental - } condition that makes the permit or license
holder unable to safely conduct the practice of veterinary
medicine;
{ + (b) Has an impairment as defined in section 1 of this
2009 Act; + }
{ - (b) - } { + (c) + } Publicly professes to cure or treat
diseases of a highly contagious, infectious and incurable nature;
{ - (c) - } { + (d) + } In any way cares or treats injury
and deformity in such a way as to deceive the public; or
{ - (d) - } { + (e) + } Tests any horse, mule or ass for
glanders, or cow or cattle for tuberculosis, and knowingly,
wrongfully and maliciously states verbally or in writing that the
animals are diseased or in a disease-free condition contrary to
the indication of the test made.
SECTION 60. ORS 686.130 is amended to read:
686.130. 'Unprofessional or dishonorable conduct,' as used in
this chapter, includes:
(1) The fraudulent use or misuse of any health certificate,
shipping certificate, brand inspection certificate, or other
blank forms used in practice, that might lead to the
dissemination of disease or the transportation of diseased
animals or the sale of inedible food products of animal origin
for human consumption.
(2) Dilatory methods, willful neglect or misrepresentation in
the inspection of meat.
(3) Misrepresentation of services rendered.
(4) Failure to report, or the negligent handling of the serious
epidemic diseases of animals, such as anthrax, rabies, glanders,
brucellosis, tuberculosis, foot and mouth disease, hog cholera,
blackleg, and any other communicable disease known to medical
science as being a menace to human and animal health.
(5) The dispensing or giving to anyone live culture or
attenuated live virus vaccine to be administered by a layperson
without providing instruction as to its administration and use
and without prior written authorization from the State
Veterinarian when such product is declared to be prohibited under
ORS 596.075.
(6) Having professional connection with, or lending one's name
to any illegal practitioner of veterinary medicine and the
various branches thereof.
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(7) { - Chronic alcohol abuse or habitual use of controlled
substances. - } { + Impairment as defined in section 1 of this
2009 Act. + }
(8) Fraud or dishonesty in applying or reporting on any test
for disease in animals.
(9) False or misleading advertising.
(10) Conviction of a crime involving moral turpitude or
conviction of a felony. The record of the conviction is
conclusive evidence.
(11) Conviction of a charge of cruelty to animals in Oregon or
any other state, county, or municipal court. The record of
conviction is conclusive evidence.
(12) The revocation, suspension or refusal to issue or renew a
license or practice credential to practice veterinary medicine in
any other state, territory or foreign jurisdiction if the cause
of that revocation, suspension or refusal to issue or renew is
cause in this state. The record of revocation, suspension or
refusal to issue or renew is conclusive evidence.
(13) Failure to keep one's premises and equipment therein in a
clean and sanitary condition.
(14) Gross ignorance, incompetence or inefficiency in the
profession. In determining what constitutes 'gross ignorance,
incompetence or inefficiency in the profession,' the Oregon State
Veterinary Medical Examining Board may take into account all
relevant factors, and practices, including but not limited to the
practices generally and currently followed and accepted by the
persons licensed to practice veterinary medicine in this state,
the current teaching at accredited veterinary schools, relevant
technical reports published in recognized veterinary medical
journals and the desirability of reasonable experimentation in
the furtherance of the veterinary medicine arts.
(15) Permitting the veterinary technician, preceptee, or
student intern to perform a duty, task or procedure not
specifically permitted by the board.
SECTION 61. ORS 686.210 is amended to read:
686.210. (1) There is created the Oregon State Veterinary
Medical Examining Board, which shall carry out the purposes and
enforce the provisions of this chapter. The board shall consist
of eight members appointed by the Governor for a term of four
years.
{ - Appointments made by the Governor to the board may be
selected from a list of five names for each appointment suggested
by the Oregon Veterinary Medical Association. - } Five members
shall be licensed to practice veterinary medicine, surgery and
dentistry in this state. Two members shall be public members. One
member shall be a certified veterinary technician.
{ + (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.
(3) A statewide professional association for veterinarians may
submit a list of suggested nominees for appointment to
veterinarian and public member positions on the board. A
statewide professional association for veterinary technicians may
submit a list of suggested nominees for appointment to veterinary
technician and public member positions on the board. In making
appointments to the board, the Governor shall give consideration
to the nominees suggested by an association. To the extent
practicable, the Governor shall attempt to make board
Enrolled House Bill 2118 (HB 2118-C) Page 51
appointments that are broadly representative of the geographic
and cultural diversity of the state.
(4) + } Any appointments to fill vacancies by reason of death,
resignation or removal shall be made by the Governor for the
residue of the term of the retiring member. 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) - } { + (5) + } { - The board may appoint an
executive director. - } Nothing in this chapter shall be
construed to prevent assistance being rendered by the executive
director of the board in any hearing called by it.
{ - (3) - } { + (6) + } Pursuant to ORS chapter 183 the
board may adopt rules necessary for the administration of this
chapter.
{ +
STATE BOARD OF MASSAGE THERAPISTS + }
SECTION 62. ORS 687.051 is amended to read:
687.051. (1) To be eligible for issuance of an initial license
in this state as a massage therapist { - after January 1,
1999 - } , the applicant shall:
(a) Furnish the State Board of Massage Therapists with any
personal references required by rule of the board.
(b) Have attained the age of 18 years.
(c) Furnish the board with educational certificates or
transcripts required by law or rule of the board including but
not limited to proof of certification in cardiopulmonary
resuscitation and the subjects listed in paragraph (d) of this
subsection.
(d) Have completed a minimum of 500 contact hours of certified
classes in the following subjects: Anatomy and physiology,
kinesiology, pathology, hydrotherapy, theory and hands-on
practice of massage and bodywork techniques and professional
practices, including client communication and boundaries,
professional and business ethics and sanitation. The board by
rule may set the minimum number of required hours for each
subject.
(e) Pass an examination prepared and conducted by the board or
its authorized representative establishing competency and ability
to engage in the practice of massage. The examination shall be
administered in the English language and may be in written, oral
or practical form and may test the applicant for the required
level of knowledge and skill in any subject related to massage
and bodywork. The board may accept passage of a board-approved
national standardized examination as meeting the written
examination requirement contained in this paragraph.
(f) Submit the application with payment for licensing within
one year after notification of having passed the qualifying
examination.
(2) An applicant must be a person of good moral character. For
purposes of this section, the lack of good moral character may be
established by reference to acts or conduct reflecting moral
turpitude or to acts or conduct that would cause a reasonable
person to have substantial doubts about the applicant's ability
to practice massage in accordance with ORS 687.011 to 687.250,
687.895 and 687.991 and rules of the board.
(3) The board may require that an applicant furnish evidence
satisfactory to the board that the applicant can safely and
competently practice the profession of massage. The board may
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consider evidence including, but not limited to, indications of
impairment { - by alcohol or controlled substances - } { + as
defined in section 1 of this 2009 Act + } or { + of + }
behavior, practices or conduct that would be considered
unprofessional or dishonorable conduct if engaged in by a person
licensed under ORS 687.011 to 687.250, 687.895 and 687.991.
(4) To be eligible for biennial renewal, a renewal applicant
shall submit evidence to the board, as determined by the board by
rule, that the applicant has completed a minimum of 12 hours of
board-approved continuing education.
(5) To be eligible for inactive status, a licensed massage
therapist must not be practicing massage in this state.
SECTION 63. ORS 687.081 is amended to read:
687.081. (1) The State Board of Massage Therapists may
discipline a licensee, deny, suspend, revoke or refuse to renew a
license, issue a reprimand, censure a licensee or place a
licensee on probation if the licensee:
(a) Has violated any provision of ORS 687.011 to 687.250,
687.895 and 687.991 or any rule of the board adopted under ORS
687.121.
(b) Has made any false representation or statement to the board
in order to induce or prevent action by the board.
(c) Has a physical { - or mental - } condition that makes
the licensee unable to conduct safely the practice of massage.
(d) { - Is habitually intemperate in the use of alcoholic
beverages or is addicted to the use of habit-forming drugs or
controlled substances - } { + Has an impairment as defined in
section 1 of this 2009 Act + }.
(e) Has misrepresented to any patron any services rendered.
(f) Has been convicted of a crime that bears a demonstrable
relationship to the practice of massage.
(g) Fails to meet with any requirement under ORS 687.051.
(h) Violates any provision of ORS 167.002 to 167.027.
(i) Engages in unprofessional or dishonorable conduct.
(j) Has been the subject of disciplinary action as a massage
therapist by any other state or territory of the United States or
by a foreign country and the board determines that the cause of
the disciplinary action would be a violation under ORS 687.011 to
687.250, 687.895 and 687.991 or rules of the board if it occurred
in this state.
(2) If the board places a licensee on probation pursuant to
subsection (1) of this section, the board may impose and at any
time modify the following conditions of probation:
(a) Limitation on the allowed scope of practice.
(b) If the board finds that the licensee { - is physically or
mentally impaired - } { + has a physical incapacity to practice
with reasonable competence and safety + }, a requirement for
successful completion of appropriate treatment as determined by
the board.
(c) Individual or peer supervision.
(d) Such other conditions as the board may deem necessary for
the protection of the public and the rehabilitation of the
licensee.
(3) If the board determines that a licensee's continued
practice constitutes a serious danger to the public, the board
may impose an emergency suspension of the license without a
hearing. Simultaneous with the order of suspension, the board
shall institute proceedings for a hearing as provided under ORS
687.011 to 687.250, 687.895 and 687.991. The suspension shall
continue unless and until the licensee obtains injunctive relief
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from a court of competent jurisdiction or the board determines
that the suspension is no longer necessary for the protection of
the public.
(4) In addition to the discipline described in subsection (1)
of this section, the board may impose a civil penalty as provided
under ORS 687.250. Civil penalties under this subsection shall be
imposed pursuant to ORS 183.745.
(5) Prior to imposing any of the sanctions authorized under
this section, the board shall consider, but is not limited to,
the following factors:
(a) The person's past history in observing the provisions of
ORS 687.011 to 687.250, 687.895 and 687.991 and the rules adopted
pursuant thereto;
(b) The effect of the violation on public safety and welfare;
(c) The degree to which the action subject to sanction violates
professional ethics and standards of practice;
(d) The economic and financial condition of the person subject
to sanction; and
(e) Any mitigating factors that the board may choose to
consider.
(6) In addition to the sanctions authorized by this section,
the board may assess against a licensee the costs associated with
the disciplinary action taken against the licensee.
(7) The board shall adopt a code of ethical standards for
practitioners of massage and shall take appropriate measures to
ensure that all applicants and practitioners of massage are aware
of those standards.
(8) Upon receipt of a complaint under ORS 687.011 to 687.250,
687.895 and 687.991, the board shall conduct an investigation as
described under ORS 676.165.
(9) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
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.
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(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.
{ +
PHYSICAL THERAPIST LICENSING BOARD + }
SECTION 66. ORS 688.140 is amended to read:
688.140. (1) The Physical Therapist Licensing Board, after
notice and hearing as provided in ORS 688.145, may impose any or
all of the following sanctions or take any of the following
actions upon any of the grounds specified in subsection (2) of
this section:
(a) Refuse to license any applicant.
(b) Refuse to renew the license of any physical therapist or
physical therapist assistant.
(c) Suspend or revoke the license of any physical therapist or
physical therapist assistant.
(d) Suspend or revoke a temporary permit issued under ORS
688.110.
(e) Impose a civil penalty not to exceed $5,000.
(f) Impose probation with authority to limit or restrict a
license.
(g) Impose conditions, restrictions or limitations on practice.
(h) Issue letters of reprimand.
(i) Impose any other appropriate sanction, including assessment
of the reasonable costs of a proceeding under ORS 688.145 as a
civil penalty. Costs include, but are not limited to, the costs
of investigation, attorney fees, hearing officer costs and the
costs of discovery.
(2) Grounds exist for the imposition of sanctions as specified
in subsection (1) of this section when a person:
(a) Violates any provision of ORS 688.010 to 688.201, board
rules or a written order from the board.
(b) Practices or offers to practice beyond the scope of
practice of physical therapy.
(c) Obtains or attempts to obtain or renew a license or
temporary permit by fraud or misrepresentation.
(d) Provides substandard care as a physical therapist through a
deliberate or negligent act or failure to act, regardless of
whether injury to the patient occurs.
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(e) Provides substandard care as a physical therapist assistant
by exceeding the authority to perform components of physical
therapy interventions selected by the supervising physical
therapist or through a deliberate or negligent act or failure to
act, regardless of whether injury to the patient occurs.
(f) Fails as a physical therapist to supervise physical
therapist assistants in accordance with board rules.
(g) Fails as a physical therapist or physical therapist
assistant to supervise physical therapist aides in accordance
with board rules.
(h) Subject to the provisions of ORS 670.280, has been
convicted of a crime in Oregon or any other state, territory or
country. For purposes of this paragraph, conviction includes a
verdict of guilty, a plea of guilty or a plea of no contest.
(i) { - Uses controlled substances or intoxicating liquors to
an extent or in a manner that is illegal, dangerous or injurious
to the licensee or others or that impairs the person's ability to
safely practice physical therapy. - } { + Has an impairment as
defined in section 1 of this 2009 Act. + }
(j) Has had an application for licensure refused because of
conduct or circumstances that would be grounds for sanctions by
the board, or a license revoked or suspended, or other
disciplinary action taken by the proper authorities of another
state, territory or country.
(k) Engages in sexual misconduct. For purposes of this
paragraph, sexual misconduct includes but is not limited to:
(A) Engaging in sexual conduct or soliciting a sexual
relationship with a current patient, whether consensual or
nonconsensual.
(B) Intentionally exposing or viewing a completely or partially
disrobed patient in the course of treatment if the exposure or
viewing is not related to patient diagnosis or treatment under
current practice standards.
(L) Directly or indirectly requests, receives, pays or
participates in dividing, transferring or assigning an unearned
fee or profits by a means of a credit or other valuable
consideration such as an unearned commission, discount or
gratuity in connection with the furnishing of physical therapy
services. This paragraph does not prohibit the members of any
regularly and properly organized business entity recognized by
law and comprised of physical therapists from dividing fees
received for professional services among themselves as they
determine.
(m) Fails to adhere to the standards of ethics of the physical
therapy profession established by board rule.
(n) Obtains or attempts to obtain a fee for physical therapy
services by fraud or misrepresentation.
(o) Makes misleading, deceptive or fraudulent representations
in the course of providing physical therapy services.
(p) Fails to report to the board, when the person has direct
knowledge of an unprofessional, incompetent or illegal act that
reasonably appears to be in violation of ORS 688.010 to 688.201
or any rules of the board.
(q) Interferes with an investigation or disciplinary proceeding
of the board.
(r) Aids or abets a person who is not licensed in this state to
practice physical therapy.
(s) Fails to maintain adequate patient records.
(t) Fails to maintain patient confidentiality.
Enrolled House Bill 2118 (HB 2118-C) Page 56
(u) Provides treatment intervention that is not warranted by
the patient's condition or continues treatment beyond the point
of reasonable benefit to the patient.
(v) Provides physical therapy services or participates in
physical therapy services solely for reasons of personal or
institutional financial gain.
(w) Aids or causes another person, directly or indirectly, to
violate ORS 688.010 to 688.201 or rules of the board,
fraudulently uses or permits the use of a license number in any
way, or acts with the intent to violate ORS 688.010 to 688.201 or
rules of the board.
(3) To enforce the provisions of this section, the board is
authorized to initiate an investigation and take the following
actions:
(a) Receive complaints filed against persons and conduct timely
investigations.
(b) Initiate its own investigation if the board has reason to
believe that there may have been a violation of ORS 688.010 to
688.201.
(c) Issue a subpoena to compel the attendance of any witness or
the production of any documentation relating to a matter under
investigation. In addition to the board, the executive director
or the executive director's designee may issue a subpoena. When
the board, in the course of an investigation, requires the
production of patient records for inspection and copying by
subpoena, or otherwise, the records shall be produced without
regard to whether patient consent has been obtained and without
regard to any claim of confidentiality or privilege.
(d) Take the deposition of a witness, including a physical
therapist or physical therapist assistant being investigated, in
the manner provided by law in civil cases.
(e) Take emergency action to suspend a person's license or
restrict the person's practice or employment pending proceedings
by the board.
(f) Report to the appropriate district attorney all cases that,
in the judgment of the board, warrant prosecution.
(g) Require a person to undergo a mental, physical, chemical
dependency or competency evaluation at the person's expense when
the board has objectively reasonable grounds to believe that the
person is or may be unable to practice physical therapy with
reasonable skill and safety, with the results being reported to
the board. The report shall not be disclosed to the public but
may be received into evidence in a proceeding between the board
and the person when the mental, physical, chemical dependency or
competency of the person is at issue, notwithstanding any claim
of privilege by the person.
(4) If the board finds that the information received in a
complaint or an investigation does not merit disciplinary action
against a person, nondisciplinary actions may ensue. The board
may then take the following actions:
(a) Dismiss the complaint.
(b) Issue a confidential advisory letter to the person that is
nondisciplinary and that notifies the physical therapist or
physical therapist assistant that certain conduct or practices
must be modified or eliminated.
(5) The board may apply for injunctive relief in any court of
competent jurisdiction to enjoin any person from committing any
act in violation of ORS 688.010 to 688.201. Injunction
proceedings are in addition to, and not in lieu of, penalties or
other sanctions prescribed in ORS 688.010 to 688.201.
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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;
Enrolled House Bill 2118 (HB 2118-C) Page 58
(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.
{ +
BOARD OF RADIOLOGIC TECHNOLOGY + }
SECTION 68. ORS 688.525 is amended to read:
688.525. (1) The Board of Radiologic Technology, after notice
of and hearing as required under the contested case procedures of
ORS chapter 183, may refuse to license any applicant, may refuse
to renew the license or permit of any radiologic technologist or
may suspend or revoke the license or permit of a person who:
(a) { - Is chemically dependent. - } { + Has an impairment
as defined in section 1 of this 2009 Act. + }
(b) In the judgment of the board is guilty of unethical or
unprofessional conduct in the practice of radiologic technology.
(c) Has been convicted of any crime where the crime bears a
demonstrable relationship to the practice of radiologic
technology.
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(d) In the judgment of the board, is guilty of gross negligence
in the practice of radiologic technology.
{ - (e) Has been adjudged incompetent by a court of law and
thereafter has not been lawfully declared competent. - }
{ - (f) - } { + (e) + } Has undertaken to act as a
radiologic technologist independently of the supervision of a
practitioner licensed by the State of Oregon to practice one of
the healing arts.
{ - (g) - } { + (f) + } Has obtained or attempted to obtain
a license or permit under ORS 688.405 to 688.605 by fraud or
material misrepresentation.
(2) Upon receipt of a complaint under ORS 688.405 to 688.605,
the board shall conduct an investigation as described under ORS
676.165.
(3) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
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
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(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.
{ +
STATE BOARD OF PHARMACY + }
SECTION 71. ORS 689.005 is amended to read:
689.005. As used in this chapter:
(1) 'Administer' means the direct application of a drug or
device whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by:
(a) A practitioner or the authorized agent thereof; or
(b) The patient or research subject at the direction of the
practitioner.
(2) 'Approved continuing pharmacy education program' means
those seminars, classes, meetings, workshops and other
educational programs on the subject of pharmacy approved by the
board.
(3) 'Board of pharmacy' or 'board' means the State Board of
Pharmacy.
(4) 'Continuing pharmacy education' means professional,
pharmaceutical post-graduate education in the general areas of
socio-economic and legal aspects of health care; the properties
and actions of drugs and dosage forms; and the etiology,
characteristics and therapeutics of the disease state.
(5) 'Continuing pharmacy education unit' means the unit of
measurement of credits for approved continuing education courses
and programs.
(6) 'Deliver' or 'delivery' means the actual, constructive or
attempted transfer of a drug or device other than by
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administration from one person to another, whether or not for a
consideration.
(7) 'Device' means an instrument, apparatus, implement,
machine, contrivance, implant, in vitro reagent or other similar
or related article, including any component part or accessory,
which is required under federal or state law to be prescribed by
a practitioner and dispensed by a pharmacist.
(8) 'Dispense' or 'dispensing' means the preparation and
delivery of a prescription drug pursuant to a lawful order of a
practitioner in a suitable container appropriately labeled for
subsequent administration to or use by a patient or other
individual entitled to receive the prescription drug.
(9) 'Distribute' means the delivery of a drug other than by
administering or dispensing.
(10) 'Drug' means:
(a) Articles recognized as drugs in the official United States
Pharmacopoeia, official National Formulary, official Homeopathic
Pharmacopoeia, other drug compendium or any supplement to any of
them;
(b) Articles intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in a human or
other animal;
(c) Articles (other than food) intended to affect the structure
or any function of the body of humans or other animals; and
(d) Articles intended for use as a component of any articles
specified in paragraph (a), (b) or (c) of this subsection.
(11) 'Drug order' means a written order, in a hospital or other
inpatient care facility, for an ultimate user of any drug or
device issued and signed by a practitioner, or an order
transmitted by other means of communication from a practitioner,
that is immediately reduced to writing by a pharmacist, licensed
nurse or other practitioner.
(12) 'Drug outlet' means any pharmacy, nursing home, shelter
home, convalescent home, extended care facility, drug abuse
treatment center, penal institution, hospital, family planning
clinic, student health center, retail store, wholesaler,
manufacturer, mail-order vendor or other establishment with
facilities located within or out of this state that is engaged in
dispensing, delivery or distribution of drugs within this state.
(13) 'Drug room' means a secure and lockable location within an
inpatient care facility that does not have a licensed pharmacy.
(14) 'Electronically transmitted' or 'electronic transmission'
means a communication sent or received through technological
apparatuses, including computer terminals or other equipment or
mechanisms linked by telephone or microwave relays, or any
similar apparatus having electrical, digital, magnetic, wireless,
optical, electromagnetic or similar capabilities.
(15) 'Institutional drug outlet' means hospitals and inpatient
care facilities where medications are dispensed to another health
care professional for administration to patients served by the
hospitals or facilities.
(16) 'Intern' means any person who has completed the junior or
third academic year of a course of study at an approved college
of pharmacy and is licensed with the board as an intern.
(17) 'Internship' means a professional { - and practical
experience - } { + experiential + } program approved by the
board under the supervision of a licensed pharmacist registered
with the board as a preceptor.
(18) 'Itinerant vendor' means all persons who sell or otherwise
distribute nonprescription drugs by passing from house to house,
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or by haranguing the people on the public streets or in public
places, or who use the customary devices for attracting crowds
and therewith recommending their wares and offering them for
sale.
(19) 'Labeling' means the process of preparing and affixing of
a label to any drug container exclusive, however, of the labeling
by a manufacturer, packer or distributor of a nonprescription
drug or commercially packaged legend drug or device. Any such
label shall include all information required by federal and state
law or regulation.
(20) 'Manufacture' means the production, preparation,
propagation, compounding, conversion or processing of a device or
a drug, either directly or indirectly by extraction from
substances of natural origin or independently by means of
chemical synthesis or by a combination of extraction and chemical
synthesis and includes any packaging or repackaging of the
substances or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of
a drug by an individual for their own use or the preparation,
compounding, packaging or labeling of a drug:
(a) By a practitioner as an incident to administering or
dispensing of a drug in the course of professional practice; or
(b) By a practitioner or by the practitioner's authorization
under supervision of the practitioner for the purpose of or as an
incident to research, teaching or chemical analysis and not for
sale.
(21) 'Manufacturer' means a person engaged in the manufacture
of drugs.
(22) 'Nonprescription drug outlet' means shopkeepers and
itinerant vendors registered under ORS 689.305.
(23) 'Nonprescription drugs' means drugs which may be sold
without a prescription and which are prepackaged for use by the
consumer and labeled in accordance with the requirements of the
statutes and regulations of this state and the federal
government.
(24) 'Person' means an individual, corporation, partnership,
association or any other legal entity.
(25) 'Pharmacist' means an individual licensed by this state to
engage in the practice of pharmacy.
(26) 'Pharmacy' means a place that meets the requirements of
rules of the board, is licensed and approved by the board where
the practice of pharmacy may lawfully occur and includes
apothecaries, drug stores, dispensaries, hospital outpatient
pharmacies, pharmacy departments and prescription laboratories
but does not include a place used by a manufacturer or
wholesaler.
(27) 'Pharmacy technician' means a person licensed by the State
Board of Pharmacy who assists the pharmacist in the practice of
pharmacy pursuant to rules of the board.
(28) 'Practitioner' means a person licensed and operating
within the scope of such license to prescribe, dispense, conduct
research with respect to or administer drugs in the course of
professional practice or research:
(a) In this state; or
(b) In another state or territory of the United States not
residing in Oregon and registered under the federal Controlled
Substances Act.
(29) 'Preceptor' means a pharmacist licensed and in good
standing, registered by the board to supervise the internship
training of a licensed intern.
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(30) 'Prescription drug' or 'legend drug' means a drug which
is:
(a) Required by federal law, prior to being dispensed or
delivered, to be labeled with either of the following statements:
(A) 'Caution: Federal law prohibits dispensing without
prescription'; or
(B) 'Caution: Federal law restricts this drug to use by or on
the order of a licensed veterinarian'; or
(b) Required by any applicable federal or state law or
regulation to be dispensed on prescription only or is restricted
to use by practitioners only.
(31) 'Prescription' or 'prescription drug order' means a
written, oral or electronically transmitted direction, given by a
practitioner authorized to prescribe drugs, for the preparation
and use of a drug. When the context requires, 'prescription '
also means the drug prepared under such written, oral or
electronically transmitted direction.
(32) 'Retail drug outlet' means a place used for the conduct of
the retail sale, administering or dispensing or compounding of
drugs or chemicals or for the administering or dispensing of
prescriptions and licensed by the board as a place wherein the
practice of pharmacy may lawfully occur.
(33) 'Shopkeeper' means a business or other establishment, open
to the general public, for the sale or nonprofit distribution of
drugs.
(34) 'Unit dose' means a sealed single-unit container so
designed that the contents are administered to the patient as a
single dose, direct from the container. Each unit dose container
must bear a separate label, be labeled with the name and strength
of the medication, the name of the manufacturer or distributor,
an identifying lot number and, if applicable, the expiration date
of the medication.
(35) 'Wholesale drug outlet' means any person who imports,
stores, distributes or sells for resale any drugs including
legend drugs and nonprescription drugs.
(36) 'Class I wholesaler' means any person operating or
maintaining a wholesale distribution center, wholesale business
or any other business in which drugs, medicinal chemicals, or
poisons are sold, dispensed, stocked, exposed or offered for sale
at wholesale to a pharmacy or other legally licensed drug outlets
or persons.
(37) 'Class II wholesaler' means any person operating or
maintaining a wholesale distribution center, wholesale business
or any other business in which nonprescription drugs are offered
for sale at wholesale to a drug outlet legally authorized to
resell.
SECTION 72. ORS 689.115 is amended to read:
689.115. (1) The State Board of Pharmacy { - shall
consist - } { + consists + } of { - seven - } { + eight + }
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) One must be a pharmacy technician licensed under ORS
689.486.
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(c) Two must be members of the public who are not licensed
under this chapter or a spouse, domestic partner, child, parent
or sibling of a person licensed under this chapter.
(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 Pharmacy 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. + }
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{ + NOTE: + } Section 74 was repealed. Subsequent sections
were not renumbered.
SECTION 75. ORS 689.165 is amended to read:
689.165. (1) The State Board of Pharmacy shall elect from its
members a president and vice president and such other officers as
it deems appropriate and necessary to the conduct of its
business. The President of the State Board of Pharmacy shall
preside at all meetings of the board and shall be responsible for
the performance of all of the duties and functions of the board
required or permitted by this chapter. If the president is absent
or unable to preside, the vice president shall preside. Each
additional officer elected by the board shall perform those
duties normally associated with their position and such other
duties assigned from time to time by the board.
(2) Officers elected by the board shall serve terms of one year
commencing with the day of their election, and ending upon
election of their successors and shall serve no more than one
consecutive full term in each office to which they are elected.
(3) { - The board shall employ a licensed pharmacist who
shall be an ex officio member of the board without vote to serve
as a full-time employee of the board in the position of executive
director. - } The executive director { + of the board + } shall
be responsible for the performance of the regular administrative
functions of the board and such other duties as the board may
direct. The executive director shall not perform any
discretionary or decision-making functions for which the board is
solely responsible.
SECTION 76. ORS 689.195 is amended to read:
689.195. (1) The State Board of Pharmacy may, in its
discretion, employ persons in { - addition to the executive
director in such other - } positions or capacities as it deems
necessary to the proper conduct of board business and to the
fulfillment of the board's responsibilities as defined by this
chapter.
(2) The employees of the board other than the executive
director shall receive, as compensation, an annual salary payable
monthly, the amount of which shall be determined by law, and
reimbursement for expenses incurred in connection with
performance of their official duties.
SECTION 77. ORS 689.255 is amended to read:
689.255. (1) To obtain a license to engage in the practice of
pharmacy, an applicant for licensure by examination shall:
(a) Have submitted a written application in the form prescribed
by the State Board of Pharmacy.
(b) Have attained the age of 18 years.
(c) Be of good moral character and temperate habits.
(d) Have completed requirements for the first professional
undergraduate degree as certified by a school or college of
pharmacy which has been approved by the board.
(e) Have completed an internship or other program which has
been approved by the board, or demonstrated to the board's
satisfaction experience in the practice of pharmacy which meets
or exceeds the minimum internship requirements of the board.
(f) Have successfully passed an examination { - given - }
{ + approved + } by the board.
(g) Have paid the fees specified by the board for examination
and issuance of license.
(2)(a) { - The examination for licensure required under
subsection (1)(f) of this section shall be given by the board at
least two times during each fiscal year of the state. - } The
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board shall { - determine - } { + approve + } the content and
subject matter of each examination { - , the place, time and
date of administration of the examination and those persons who
shall - } { + and determine which persons + } have successfully
passed the examination.
(b) The examination shall be prepared to measure the competence
of the applicant to engage in the practice of pharmacy. The
board may employ and cooperate with any organization or
consultant in the preparation and grading of an appropriate
examination, but shall retain the sole discretion and
responsibility of determining which applicants have successfully
passed such an examination.
(3)(a) All applicants for licensure by examination shall obtain
professional and practical experience in the practice of pharmacy
concurrent with or after college attendance, or both, under such
terms and conditions as the board shall determine.
(b) The board shall establish standards for internship or any
other program necessary to qualify an applicant for the licensure
examination based on nationally recognized standards of practice
and shall also determine the necessary qualifications of any
preceptors used in any internship or other program.
(4) Any person who has received a { - first - } professional
{ - undergraduate - } degree from a school or college of
pharmacy located outside the United States which has not been
approved by the board, but who is otherwise qualified to apply
for a license to practice pharmacy in the State of Oregon may be
deemed to have satisfied the degree requirements of subsection
(1)(d) of this section by verification to the board of the
academic record and graduation of the person and by meeting such
other requirements as the board may establish. The board may
require such person to successfully pass an examination or
examinations given or approved by the board to establish
proficiency in English and equivalency of education of such
person with qualified graduates of a degree program referred to
in subsection (1)(d) of this section as a prerequisite of taking
the licensure examination provided for in subsection (1)(f) of
this section.
SECTION 78. ORS 689.265 is amended to read:
689.265. (1) To obtain a license as a pharmacist by
reciprocity, an applicant for licensure shall:
(a) Have submitted a written application in the form prescribed
by the State Board of Pharmacy.
(b) Have attained the age of 18 years.
(c) Have good moral character and temperate habits.
(d) Have possessed at the time of initial licensure as a
pharmacist such other qualifications necessary to have been
eligible for licensure at that time in this state.
(e) Have engaged in the practice of pharmacy for a period of at
least one year or have met the internship requirements of this
state within the one-year period immediately previous to the date
of such application.
(f) Have presented to the board proof of initial licensure by
examination and proof that such license and any other license or
licenses granted to the applicant by any other state or states
have not been suspended, revoked, canceled or otherwise
restricted for any reason except nonrenewal or the failure to
obtain required continuing education credits in any state where
the applicant is licensed but not engaged in the practice of
pharmacy.
(g) Have successfully passed an examination in jurisprudence
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{ - given - } { + approved + } by the board.
(h) Have paid the fees specified by the board for issuance of a
license.
(i) Have submitted to the board proof of a professional
{ - undergraduate - } degree that meets the requirements of
ORS 689.255 (4), if the applicant has received a { - first - }
professional
{ - undergraduate - } degree from a school or college of
pharmacy located outside the United States.
(2) No applicant shall be eligible for licensure by reciprocity
unless the state in which the applicant was initially licensed as
a pharmacist also grants reciprocal licensure to pharmacists duly
licensed by examination in this state, under like circumstances
and conditions.
SECTION 79. ORS 689.405 is amended to read:
689.405. (1) The State Board of Pharmacy may refuse to issue or
renew, or may suspend, revoke or restrict the license of any
person or the certificate of registration of any drug outlet upon
one or more of the following grounds:
(a) Unprofessional conduct as that term is defined by the rules
of the board.
(b) Repeated or gross negligence.
(c) Incapacity of a nature that prevents a person from engaging
in the activity for which the person is licensed with reasonable
skill, competence and safety to the public.
(d) { - Habitual or excessive use of intoxicants, drugs or
controlled substances. - } { + Impairment as defined in section
1 of this 2009 Act. + }
(e) Being found guilty by the board of a violation of
subparagraph (B) of this paragraph, or by a court of competent
jurisdiction of one or more of the following:
(A) A felony, as defined by the laws of this state; or
(B) Violations of the pharmacy or drug laws of this state or
rules pertaining thereto, or of statutes, rules or regulations of
any other state, or of the federal government.
(f) Fraud or intentional misrepresentation by a licensee or
registrant in securing or attempting to secure the issuance or
renewal of a license.
(g) Engaging or aiding and abetting an individual to engage in
the practice of pharmacy without a license, or falsely using the
title of pharmacist.
(h) Aiding and abetting an individual in performing the duties
of a pharmacy technician without licensing.
(i) Being found by the board to be in violation of any of the
provisions of ORS 435.010 to 435.130, 453.025, 453.045, 475.035
to 475.190, 475.805, 475.840 to 475.980 or this chapter or rules
adopted pursuant to ORS 435.010 to 435.130, 453.025, 453.045,
475.035 to 475.190, 475.805, 475.840 to 475.980 and this chapter.
(j) Disciplinary action by another state regarding a license,
based upon acts by the licensee similar to acts described in this
subsection. A certified copy of the record of disciplinary action
of the state taking the disciplinary action is conclusive
evidence thereof.
(2) Upon receipt of a complaint under this chapter, the board
shall conduct an investigation as described under ORS 676.165.
(3) Actions taken under subsection (1) of this section shall be
considered a contested case under ORS chapter 183.
SECTION 80. ORS 689.508 is amended to read:
689.508. The original record of every prescription filled by a
pharmacy must be kept on file { + for three years + } at the
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pharmacy { + or as specified by State Board of Pharmacy
rule + }. The prescription record must contain the date of the
transaction and the brand name, or if the drug has no brand name,
the generic name and the name of the manufacturer of any drug
substituted pursuant to ORS 689.515. If the prescription may be
communicated to the pharmacy by oral or electronic means, the
prescription information may be recorded and stored in an
electronic form that allows for ready retrieval. Prescriptions
maintained in the file required under this section must be
readily accessible to the { - State Board of Pharmacy - } { +
board + } for inspection.
{ +
BOARD OF EXAMINERS OF LICENSED DIETITIANS + }
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.
SECTION 82. ORS 691.505 is amended to read:
691.505. The Board of Examiners of Licensed Dietitians shall:
{ - (1) Hire and prescribe the duties of an executive
secretary who shall serve at the direction of the board. - }
{ - (2) - } { + (1) + } Determine the qualifications and
fitness of applicants for licensure, renewal of license and
reciprocal licenses.
{ - (3) - } { + (2) + } Subject to the provisions of ORS
chapter 183, adopt rules that are necessary to conduct its
Enrolled House Bill 2118 (HB 2118-C) Page 69
business, carry out its duties and administer ORS 691.405 to
691.585.
{ - (4) - } { + (3) + } Examine, approve, issue, deny,
revoke, suspend and renew licenses of dietitian applicants and
licensees under ORS 691.405 to 691.585 and conduct hearings in
connection with these actions.
{ - (5) - } { + (4) + } Maintain a public record of every
dietitian licensed in this state including places of business,
residence and the date and number of their license.
{ - (6) - } { + (5) + } Establish standards of professional
responsibility and practice for persons licensed under ORS
691.405 to 691.585 that are consistent with those standards of
professional responsibility and practice adopted by the American
Dietetic Association.
{ - (7) - } { + (6) + } Select a licensing examination
offered by the Commission on Dietetic Registration or other
examination.
{ - (8) - } { + (7) + } Establish continuing education
requirements for renewal of a license consistent with the
requirements adopted by the Commission on Dietetic Registration.
{ - (9) - } { + (8) + } Establish additional educational
requirements for applicants for the previous five years of
licensure.
{ - (10) - } { + (9) + } Conduct hearings on complaints
concerning violations of ORS 691.405 to 691.585 and the rules
adopted under ORS 691.405 to 691.585.
{ - (11) - } { + (10) + } Provide for examinations or
waiver of examination for applicants.
{ - (12) - } { + (11) + } Establish examination and
licensing fees.
{ - (13) - } { + (12) + } Request and receive the
assistance of state educational institutions or other state
agencies.
{ - (14) - } { + (13) + } Prepare information of consumer
interest describing the regulatory functions of the board and
describing the procedures by which consumer complaints are filed
with and resolved by the board. The board shall make the
information available to the general public and appropriate state
agencies.
SECTION 83. ORS 691.535 is amended to read:
691.535. The Board of Examiners of Licensed Dietitians may deny
or refuse to renew a { - licensee - } { + license + } or may
suspend or revoke a license or may impose probationary conditions
where the licensee or applicant has { - been guilty of - } :
(1) { + Committed + } unprofessional conduct as defined by the
standards of practice established by the board;
(2) { - Obtaining - } { + Obtained + } or
{ - attempting - } { + attempted + } to obtain a license by
fraud, misrepresentation or concealment of material facts;
(3) { - Violating - } { + Violated + } any lawful order or
rule adopted by the board which may affect the health, welfare or
safety of the public; { - or - }
(4) { + Committed + } gross negligence or incompetence in the
performance of professional duties { - . - } { + ; or
(5) An impairment as defined in section 1 of this 2009 Act. + }
{ +
STATE MORTUARY AND CEMETERY BOARD + }
SECTION 84. ORS 692.180 is amended to read:
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692.180. (1) Upon complaint or upon its own motion, the State
Mortuary and Cemetery Board may investigate any complaint
concerning any person, licensee or holder of a certificate of
authority made by any person or by the board. If the board finds
any of the causes described in this section in regard to any
person, licensee or applicant or the holder of a certificate of
authority, the board may impose a civil penalty of not more than
$1,000 for each violation, suspend or revoke a license to
practice or to operate under this chapter or refuse to grant or
renew a license. The causes are as follows:
(a) Misrepresentation in the conduct of business or in
obtaining a license.
(b) Fraudulent or dishonest conduct, when the conduct bears a
demonstrable relationship to funeral service practice, embalming
practice or the operation of cemeteries or crematoriums.
(c) Except as provided in this paragraph, solicitation of human
dead bodies by the licensee or any agent, assistant or employee
of the licensee, either before or after death. This paragraph
does not apply to:
(A) Activities permissible under ORS 97.923 to 97.949; or
(B) The sale, in accordance with provisions of the Insurance
Code, of prearranged funeral or cemetery merchandise or services,
or any combination thereof, to be funded by the contemporaneous
or subsequent assignment of a life insurance policy or an annuity
contract.
(d) Offensive treatment of dead human bodies or a body in the
person's custody has been disposed of in violation of ORS chapter
432 or rules adopted pursuant thereto.
(e) Aiding or abetting a person who is not a licensee or an
apprentice in any act involving the disposition of dead human
bodies before the bodies undergo cremation, entombment or burial
or before the bodies are transported out of the State of Oregon.
(f) Sale or reuse of any casket or body container that has been
previously utilized for the placement of a deceased human body.
This does not include use of a rental cover as defined in ORS
692.010.
(g) Violation of any of the provisions of this chapter or any
rules adopted under this chapter.
(h) Violation of any provision of ORS 97.929 or 97.937 or
regulations adopted by the Federal Trade Commission regulating
funeral industry practices.
(i) Conviction of a crime, when the crime bears a demonstrable
relationship to funeral service practice, embalming practice or
the operation of cemeteries or crematoriums. A copy of the record
of the conviction certified to by the clerk of the court entering
the conviction shall be conclusive evidence of the conviction.
(j) Violation of ORS chapter 97 as it relates to disposition of
human bodies and to cemeteries.
(k) Refusing to surrender promptly the custody of a dead human
body, upon the express order of the person lawfully entitled to
the custody of the body.
(L) Acting as the legal representative of any deceased person
for whom the licensee has rendered services governed by this
chapter. This subsection does not prohibit a licensee from acting
as the legal representative of a deceased relative or a deceased
licensee if the deceased licensee was a partner, employee or
employer in the licensee's practice.
(m) Failure to pay any civil penalty imposed by the board
within 10 days after the order is entered or, if appealed, within
10 days after the order is sustained on appeal.
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{ + (n) Impairment as defined in section 1 of this 2009
Act. + }
(2) All amounts recovered under this section shall be deposited
in accordance with ORS 692.375.
(3) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(4) Upon receipt of a complaint, the board shall conduct an
investigation as described under ORS 676.165.
(5) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
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. - }
SECTION 86. ORS 692.320 is amended to read:
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692.320. (1) The State Mortuary and Cemetery Board has the
power to adopt and enforce for the protection of the public
health, safety and welfare reasonable rules relating to the
following:
(a) The licensing of funeral service practitioners, embalmers,
funeral establishments, crematoriums and cemeteries.
(b) The registration of apprentices.
(c) The practice of funeral service practitioners and
embalmers, and the operation of funeral establishments, immediate
disposition companies, crematoriums and cemeteries.
(d) Sanitary conditions of funeral establishments,
crematoriums, cemeteries and any location in which dead human
bodies are stored or processed prior to final disposition.
(e) Matters necessary to carry out the provisions of this
chapter.
(2) Other than areas used as living quarters, the board shall
inspect not less than once biennially the facilities and records
of funeral establishments, cemeteries and crematoriums and
immediate disposition companies and any location in which dead
human bodies may be stored, temporarily held or processed prior
to final disposition. The inspection of the records of such
locations shall be limited to those records required to comply
with this chapter or ORS chapter 432 or rules adopted pursuant
thereto. The board may make random inspections at other times.
The board shall employ one or more persons to perform such
inspections and aid in the enforcement of this chapter and rules
adopted thereunder. No person employed under this subsection may
be a member of the board or actively engaged in a practice
regulated by this chapter.
(3) The board may hold hearings, conduct investigations,
subpoena witnesses, administer oaths and take testimony in order
to carry out the provisions of this chapter.
(4) The board shall have a common seal and, subject to any
applicable provision of the State Personnel Relations Law, may
employ { - necessary administrative - } staff, fix the
compensation for them and incur other necessary expenses.
{ +
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,
Enrolled House Bill 2118 (HB 2118-C) Page 73
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;
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(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,
Enrolled House Bill 2118 (HB 2118-C) Page 75
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
Enrolled House Bill 2118 (HB 2118-C) Page 76
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:
Enrolled House Bill 2118 (HB 2118-C) Page 77
(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.
Enrolled House Bill 2118 (HB 2118-C) Page 78
{ - (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.
Enrolled House Bill 2118 (HB 2118-C) Page 79
(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
Enrolled House Bill 2118 (HB 2118-C) Page 80
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
Enrolled House Bill 2118 (HB 2118-C) Page 81
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:
Enrolled House Bill 2118 (HB 2118-C) Page 82
(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.
Enrolled House Bill 2118 (HB 2118-C) Page 83
{ - (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: + }
Enrolled House Bill 2118 (HB 2118-C) Page 84
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:
Enrolled House Bill 2118 (HB 2118-C) Page 85
(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: - }
Enrolled House Bill 2118 (HB 2118-C) Page 86
{ - (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
Enrolled House Bill 2118 (HB 2118-C) Page 87
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. - }
Enrolled House Bill 2118 (HB 2118-C) Page 88
{ - (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
Enrolled House Bill 2118 (HB 2118-C) Page 89
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
Enrolled House Bill 2118 (HB 2118-C) Page 90
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.
Enrolled House Bill 2118 (HB 2118-C) Page 91
{ - (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
Enrolled House Bill 2118 (HB 2118-C) Page 92
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. - }
{ +
APPLICABILITY + }
SECTION 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,
Enrolled House Bill 2118 (HB 2118-C) Page 93
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 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:
Enrolled House Bill 2118 (HB 2118-C) Page 94
(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.
Enrolled House Bill 2118 (HB 2118-C) Page 95
(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
Enrolled House Bill 2118 (HB 2118-C) Page 96
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.
{ +
CAPTIONS + }
SECTION 105. { + The unit captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
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Passed by House June 15, 2009
Repassed by House June 29, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 27, 2009
...........................................................
President of Senate
Enrolled House Bill 2118 (HB 2118-C) Page 97
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2118 (HB 2118-C) Page 98