75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2222
A-Engrossed
House Bill 2610
Ordered by the House April 6
Including House Amendments dated April 6
Sponsored by Representative GREENLICK; Representatives HARKER,
MAURER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Broadens category of health care professionals who may use
certain titles.
A BILL FOR AN ACT
Relating to health care professionals; amending ORS 676.110,
676.120, 676.130, 677.060 and 688.125; and repealing ORS
676.100.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 676.110 is amended to read:
676.110. { + (1) An individual + } { - Any person - }
practicing a health care profession { - who uses - } { + may
not use + } the title 'doctor { - , - } ' { - or any
contraction thereof, 'clinic,' 'institute,' 'specialist ' or any
other assumed or artificial name or title, - } in connection
with the { - business or - } profession, { + unless the
individual:
(a) Has earned a doctoral degree in the individual's field of
practice; and
(b)(A) Is licensed by a health professional regulatory board as
defined in ORS 676.160 to practice the particular health care
profession in which the individual's doctoral degree was earned;
or
(B) Is working under a board-approved residency contract and is
practicing under the license of a supervisor who is licensed by a
health professional regulatory board as defined in ORS 676.160 to
practice the particular health care profession in which the
individual's doctoral degree was earned.
(2) When an individual uses the title 'doctor' + } on
{ - any - } written or printed matter { - , - } or in
connection with { - any - } advertising, billboards, signs or
professional notices, { + the individual + } shall { - add
after the name of the person, or after any such assumed or
artificial names, one of the following respective
designations - } { + designate the health care profession in
which the individual's doctoral degree was earned. The
designation must be + } in letters or print { - which shall
be - } at least one-fourth the size of the largest letters used
in the title { - or name - } { + 'doctor + }, { + ' + } and
in material, color, type or illumination to give display and
legibility of at least one-fourth that of the title { - or
name: - } { + ' doctor. '
(3) Subsection (1) of this section does not prohibit:
(a) A chiropractic physician licensed under ORS chapter 684
from using the title 'chiropractic physician';
(b) A naturopathic physician licensed under ORS chapter 685
from using the title 'naturopathic physician';
(c) A person licensed to practice optometry under ORS chapter
683 from using the title 'doctor of optometry' or 'optometric
physician'; or
(d) A podiatric physician licensed under ORS 677.805 to 677.840
from using the title 'podiatric physician.' + }
{ - (1) In the case of a person practicing podiatry, the word
' podiatrist' or the words 'podiatric physician' or 'podiatric
physician and surgeon.' - }
{ - (2) In the case of a person practicing chiropractic, the
word 'chiropractor' or the words 'chiropractic physician.' - }
{ - (3) In the case of a person practicing dentistry, the
word ' dentist' or 'dentistry.' - }
{ - (4) In the case of a person practicing naturopathic
medicine, the word 'naturopath' or the words 'naturopathic
physician.' - }
{ - (5) In the case of a person practicing optometry, the
word ' optometrist' or the words 'doctor of optometry' or '
optometric physician.' - }
{ - (6) In the case of a person licensed to practice medicine
by the Oregon Medical Board who holds the degree of Doctor of
Osteopathy, or the equivalent, the word 'osteopath' or the words
' osteopathic physician' or 'osteopathic physician and
surgeon.' - }
{ - (7) In the case of a person licensed to practice medicine
by the Oregon Medical Board who holds the degree of Doctor of
Medicine, or the equivalent, the word 'physician' or the word '
surgeon' or the words 'physician and surgeon.' - }
{ - (8) In the case of a person practicing veterinary
medicine, the word 'veterinarian.' - }
{ - (9) In the case of a person practicing acupuncture, the
word ' acupuncturist' and in the case of a person who has
completed a program that leads to a doctoral degree in Oriental
Medicine and Acupuncture from a school that has federally
recognized accreditation, the words 'doctor of acupuncture and
oriental medicine.' - }
SECTION 2. ORS 676.120 is amended to read:
676.120. { - No person shall use any of the designations
stated in ORS 676.110 (1) to (9), in connection with the name,
business or profession of the person or in connection with an
assumed or artificial name, or 'clinic,' 'institute' or
'specialist, ' unless the person is licensed under the laws of
this state to practice the particular health care profession
indicated by such designation, as stated in ORS 676.110.
However, - } { + Notwithstanding ORS 676.110, + } upon the
death of any person duly licensed by { - any board empowered to
license any practitioner of a health care profession - } { + a
health professional regulatory board as defined in ORS
676.160 + }, the executors of the estate or the heirs, assigns,
associates or partners may retain the use of the decedent's name,
where it appears other than as a part of an assumed name, for no
more than one year after the death of such person or until the
estate is settled, whichever is sooner.
SECTION 3. ORS 676.130 is amended to read:
676.130. Each { - board licensing any of the health care
professions, within this state, - } { + health professional
regulatory board as defined in ORS 676.160 + } shall notify the
appropriate district attorney of any violation of ORS 676.100 to
676.120 which may be brought to the attention of such board. The
district attorney of the county in which any violation of those
sections takes place shall prosecute the violation upon being
informed of the violation by any person or by one of such boards.
SECTION 4. ORS 677.060 is amended to read:
677.060. This chapter does not affect or prevent the following:
(1) The practice of medicine or podiatry in this state by any
commissioned medical or podiatric officer serving in the Armed
Forces of the United States or Public Health Service, or any
medical or podiatric officer on duty with the United States
Department of Veterans Affairs, while any such medical or
podiatric officer is engaged in the performance of the actual
duties prescribed by the laws and regulations of the United
States.
(2) The meeting in this state of any licensed practitioner of
medicine of any other state or country with a licensed
practitioner of medicine in this state, for consultation.
(3) Supervised clinical training by an acupuncture student who
is enrolled in a school approved to offer credit for
post-secondary clinical education in Oregon or clinical practice
of acupuncture by a practitioner licensed to practice acupuncture
in another state or foreign country who is enrolled in clinical
training approved by the Oregon Medical Board.
(4) The furnishing of medical or surgical assistance in cases
of emergency requiring immediate attention.
(5) The domestic administration of family remedies.
(6) The practice of dentistry, pharmacy, nursing, optometry,
psychology, clinical social work, chiropractic, naturopathic
medicine or cosmetic therapy, by any person authorized by this
state. { - Nothing in ORS 677.085 (5) prevents the use of the
words ' Doctor' or 'Specialist,' or any abbreviation or
combination thereof, or any letters or words of similar import by
any person duly licensed to practice optometry within Oregon. - }
(7) The practice of the religion of persons who endeavor to
prevent or cure disease or suffering by prayer or other spiritual
means in accordance with the tenets of any church. Nothing in
this chapter interferes in any manner with the individual's right
to select the practitioner or mode of treatment of an
individual's choice, or interferes with the right of the person
so employed to give the treatment so chosen if public health laws
and rules are complied with.
(8) The sale of lenses, artificial eyes, limbs or surgical
instruments or other apparatus or appliances of a similar
character.
(9) The sale, rent or use for hire of any device or appliance,
the sale of which is not prohibited by the laws of Oregon or the
United States.
(10) The practice of physiotherapy, electrotherapy or
hydrotherapy carried on by a duly licensed practitioner of
medicine, naturopathic medicine or chiropractic, or by ancillary
personnel certified by the State Board of Chiropractic Examiners,
pursuant to ORS 684.155 (1)(c)(A), to provide physiotherapy,
electrotherapy or hydrotherapy and working under the direction of
a chiropractic physician.
(11) The practice or use of massage, Swedish movement, physical
culture, or other natural methods requiring use of the hands.
{ + (12) The use of the title 'doctor,' 'chiropractic
physician,' 'naturopathic physician,' 'doctor of optometry, ' '
optometric physician' or 'podiatric physician' in accordance with
ORS 676.100 to 676.120. + }
SECTION 5. ORS 688.125 is amended to read:
688.125. In order to { - assure - } { + ensure + } that
physical therapy treatment of a patient is based solely on the
needs of a patient, any health care practitioner { - described
in ORS 676.110 - } { + licensed by a health professional
regulatory board as defined in ORS 676.160 + } who owns, in part
or in whole, a physical therapy practice, or who employs a
physical therapist, shall communicate the facts of that ownership
or employment relationship to patients for whom physical therapy
is prescribed and inform the patient that alternative sources of
physical therapy treatment are available.
SECTION 6. { + ORS 676.100 is repealed. + }
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