75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 132
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Board of Naturopathic Examiners)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to the Board of Naturopathic Examiners; amending ORS
  685.110 and 685.125.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. 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 - }
 { +  $5,000 + } 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.
  (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) Obtaining a fee through fraud or misrepresentation.
  (13) Gross or repeated malpractice.
  (14) Representing to a patient that a manifestly incurable
condition of sickness, disease or injury can be permanently
cured.
  (15) 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
 
 
 
Enrolled Senate Bill 132 (SB 132-INTRO)                    Page 1
 
 
 
might impair a physician's ability safely and skillfully to
practice naturopathic medicine.
  (16) 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) Failure to notify the board within 30 days of a change in
the location of practice or of mailing address.
  (18) 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) Suspension or revocation of a license to practice
naturopathic medicine in another jurisdiction.
  (20) Employing unlicensed persons to practice naturopathic
medicine.
  (21) Practicing natural childbirth without first obtaining a
certificate of special competency.
  (22) Representing that the licensee is a medical specialist or
practices a medical specialty.
  (23) 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) Failure to pay a civil penalty in the time specified by
the order imposing the penalty.
  (25) Violation of any provision of this chapter or rules
adopted by the board.
  SECTION 2. ORS 685.125 is amended to read:
  685.125. (1)   { - Where the Board of Naturopathic Examiners
proposes to refuse to issue or renew except for nonpayment of
fees or nonsubmittal of continuing education hours a license, or
proposes to impose any of the sanctions set forth in ORS
685.110, - }  { + The Board of Naturopathic Examiners shall
give + } opportunity for hearing   { - shall be accorded - }  as
provided in ORS chapter 183  { + when the board proposes to:
  (a) Refuse to issue a license;
  (b) Refuse to renew a license; or
  (c) Impose any of the sanctions set forth in ORS 685.110 + }.
    { - (2) Promulgation of rules, conduct of hearings, issuance
of orders and judicial review of rules and orders shall be as
provided in ORS chapter 183. - }
   { +  (2) In accordance with applicable provisions of ORS
chapter 183, the board may adopt rules necessary for the
administration of the laws that the board is charged with
administering. + }
                         ----------
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 132 (SB 132-INTRO)                    Page 2
 
 
 
 
 
Passed by Senate February 24, 2009
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 29, 2009
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 132 (SB 132-INTRO)                    Page 3
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 132 (SB 132-INTRO)                    Page 4