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 2271
A-Engrossed
Senate Bill 327
Ordered by the Senate April 1
Including Senate Amendments dated April 1
Sponsored by Senator MONNES ANDERSON (Presession filed.)
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.
Permits Council on Naturopathic Physicians Formulary to
determine drugs that naturopathic physicians may { - not - }
prescribe and to establish formulary of { - prohibited - }
{ + permitted + } drugs.
Applies to drugs prescribed or administered by naturopathic
physicians on or after January 1, 2010.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the practice of naturopathic medicine; creating new
provisions; amending ORS 685.010, 685.030, 685.145 and 689.635;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 685.010 is amended to read:
685.010. As used in this chapter:
(1) 'Accredited naturopathic school or college' means any
naturopathic school or college offering a four-year full-time
resident program of study in naturopathy leading to a doctoral
degree in naturopathic medicine, such program having been
approved by the board to meet the standards specifically
incorporated into board rules.
(2) 'Board' means the Board of Naturopathic Examiners.
(3) 'Drugs' { - means - } { + includes:
(a) Substances recognized as drugs in the official United
States Pharmacopoeia, official National Formulary, official
Homeopathic Pharmacopoeia of the United States, other drug
compendium or any supplement to any of them;
(b) Substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in a human;
(c) Substances, other than food, intended to affect the
structure or any function of the body of humans; and
(d) Substances intended for use as a component of any substance
specified in paragraph (a), (b) or (c) of this subsection. + }
{ - all medicines and preparations and all substances, except
nonpoisonous plant or animal substances in therapeutic dosages,
food and water, substances listed on the formulary established
under ORS 685.145 (3), over-the-counter substances,
nonprescriptive and non Drug Enforcement Agency regulated
homeopathic substances and nutritional supplements, 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. - }
(4) 'Minor surgery' means the use of electrical or other
methods for the surgical repair and care 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.
(5) 'Naturopathic medicine' means the discipline that includes
physiotherapy, natural healing processes and minor surgery and
has as its objective the maintaining of the body in, or of
restoring it to, a state of normal health.
(6) 'Naturopathic physician' means a person who holds a degree
of Doctor of Naturopathic Medicine and is licensed under this
chapter.
{ - (7) 'Nonpoisonous' means a substance taken in accepted
therapeutic dosage that by its action on organs or tissue does
not adversely impair function or destroy human life. - }
{ - (8) 'Plant or animal substances' means those substances
found in nature that comprise the whole or parts of plants or
animals and constituents thereof and that have not had changes
made in their molecular structure as found in nature. - }
SECTION 2. ORS 685.030 is amended to read:
685.030. { - Nothing in this chapter shall be construed
to: - }
(1) { + This chapter does not + } apply to any { + :
(a) + } Physician { - and surgeon, osteopath or - } { +
licensed by the Oregon Medical Board to practice medicine,
osteopathy or podiatry;
(b) + } Chiropractor { - , - } { + licensed by the State
Board of Chiropractic Examiners; + } or
{ + (c) + } { - to any - } Christian Scientist or other
person who by religious or spiritual means endeavors to prevent
or cure disease or suffering in accord with the tenets of any
church.
(2) { - Authorize - } { + This chapter does not
authorize + } licensees to { + :
(a) + } Practice optometry or administer chiropractic
adjustments { - , or - } { + ; + }
{ + (b) Practice + } any system or method of treatment not
authorized in this chapter { - , or to administer or write
prescriptions for or dispense drugs, - } { + ; + } or
{ + (c) + } Do major surgery { + . + } { - except that
naturopathic physicians are not prohibited from recommending the
use of specific and appropriate over-the-counter pharmaceuticals
for their patients, or from prescribing codeine sulfate or
codeine phosphate in an appropriate and safe manner. - }
(3) { - Prevent - } A licensee under this chapter
{ - from - } { + may perform health maintenance and
restoration measures consistent with generally recognized and
accepted principles of naturopathic medicine, including but not
limited to:
(a) Administering, dispensing or writing prescriptions for
drugs;
(b) Recommending the use of specific and appropriate
over-the-counter pharmaceuticals;
(c) + } { - the administration of the - } { +
Administering + } anesthetics or antiseptics { - authorized in
ORS 685.010 (4), from ordering - } { + in connection with minor
surgery as defined in ORS 685.010;
(d) Ordering + } diagnostic tests { - , or from the use of - }
{ + ;
(e) Using + } radiopaque substances administered by mouth or
rectum necessary for Roentgen diagnostic purposes { - . - }
{ + ; or
(f) Administering substances by penetration of the skin or
mucous membrane of the human body for diagnostic, preventive or
therapeutic purposes. The Board of Naturopathic Examiners may
adopt by rule appropriate procedures for administering substances
under this paragraph. + }
{ - (4) Authorize the administration of any substance by
penetration of the skin or mucous membrane of the human body
except for diagnostic and preventive purposes or for the
therapeutic purpose of administering vitamins and minerals. - }
SECTION 3. ORS 685.145 is amended to read:
685.145. (1) The Council on Naturopathic Physicians Formulary
is established { + . + } { - and shall consist - } { + The
council consists + } of seven members appointed as follows:
(a) One member of the Board of Naturopathic Examiners appointed
by the Board of Naturopathic Examiners;
(b) One physician licensed by the Board of Naturopathic
Examiners appointed by the Board of Naturopathic Examiners;
(c) Two pharmacists licensed by the State Board of Pharmacy
appointed by the State Board of Pharmacy;
(d) One physician licensed by the Oregon Medical Board
appointed by the Oregon Medical Board; and
(e) Two additional members appointed by the council who hold an
advanced degree in a medical or pharmaceutical science.
(2) The chair of the council shall be elected by a majority of
the members.
(3) { + (a) + } { - The council established under subsection
(1) of this section shall determine the substances to be included
in the formulary - } { + The council shall establish a
formulary of drugs + }that may be { + administered or + }
prescribed by a naturopathic physician
{ - acting under ORS 685.010 (3) - } . The council shall review
the formulary periodically.
{ + (b) A naturopathic physician may request that the council
add a drug to the formulary by submitting an application in a
form prescribed by the Board of Naturopathic Examiners. If the
council determines that the drug may be beneficial in the
practice of naturopathic medicine, the council may add the drug
to the formulary.
(c) + } Immediately upon adoption or revision of the formulary,
the council shall transmit the { - approved - } formulary to
the board { + , + } which must adopt the formulary by rule.
{ - When determined to be appropriate to the scope of practice
of naturopathic physicians, the Council on Naturopathic
Physicians Formulary may also consider synthetically produced
substances and their salts having an identical or substantially
identical molecular structure to a plant or animal substance as
found in nature to be plant or animal substances. - }
{ + (d) A naturopathic physician may only administer or
prescribe drugs that are included in the formulary adopted by the
board. + }
(4) The term of each member of the council { - shall be - }
{ + is + } two years. A member shall serve until a successor is
appointed. If a vacancy occurs, it shall be filled for the
unexpired term by a person with the same qualifications as a
retiring member.
(5) Any member of the council who fails to attend two
consecutive meetings of the council whether regular or special
shall forfeit office unless a member is prevented from attending
by serious illness of the council member or a member of the
council member's family.
(6) Members of the council { - shall be - } { + are + }
entitled to compensation and expenses under ORS 292.495 payable
from funds available to the Board of Naturopathic Examiners.
SECTION 4. ORS 689.635 is amended to read:
689.635. { - The dispensing of plant and animal
substances - } { + A drug + } prescribed by a naturopathic
physician licensed under ORS chapter 685 in accordance with the
formulary established by { - this section and ORS 685.010,
685.030, 685.145 and dispensed by a licensed pharmacist or the
employee thereof may be filled by a pharmacist - } { + ORS
685.145 may be dispensed by a licensed pharmacist or an employee
of a licensed pharmacist + } according to the terms of the
prescription. The filling of { - such - } a prescription
{ - shall - } { + under this section does + } not constitute
evidence of negligence on the part of the pharmacist or the
employee if the prescription is dispensed within the reasonable
and prudent practices of pharmacy.
SECTION 5. { + The amendments to ORS 685.030 by section 2 of
this 2009 Act become operative on January 1, 2010. + }
SECTION 6. { + The Board of Naturopathic Examiners may take
any action before the operative date set forth in section 5 of
this 2009 Act that is necessary to enable the board to exercise,
on or after the operative date set forth in section 5 of this
2009 Act, all of the duties, functions and powers conferred on
the board by the amendments to ORS 685.030 by section 2 of this
2009 Act. + }
SECTION 7. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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