Chapter 479 Oregon Laws 1999

Session Law

AN ACT

SB 302

Relating to naturopathic medicine; amending ORS 685.100, 685.102 and 685.135.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 685.100 is amended to read:

685.100. (1) Every person holding a license under this chapter shall apply to the Board of Naturopathic Examiners for a certificate of biennial registration and at the time of applying shall pay to the board a biennial registration fee. A person holding a license under this chapter who chooses to allow the license to become inactive, as that term is defined by the board by rule, or is at least 70 years of age and retired from the practice of naturopathic medicine shall apply to the board for a certificate of registration and at the time of applying shall pay to the board a registration fee. The application shall be made upon a blank form furnished by the board, and shall contain such information as may be necessary to enable the board to identify the applicant for registration and the licensee to be what the licensee claims to be in the application.

(2) Upon receipt of an application for registration, accompanied by the registration fee, the board shall issue to the applicant a certificate of registration. The certificate shall, at all times, be displayed in the office of the person to whom it was issued unless the person has allowed the license to become inactive or is retired from the practice of naturopathic medicine and does not maintain an office.

(3) The failure, neglect or refusal of any person holding a license under this chapter[,] to pay the registration fee as required by subsection (1) of this section shall, from the date of expiration, automatically revoke the license. A revoked license shall not be restored except upon written application therefor and the payment of a restoration fee for each period the license remains revoked, which is in addition to the biennial registration fee for each year the registration fee remains unpaid. An applicant for the restoration of a license so revoked shall not be required to submit to any examination as to qualification to practice under this chapter. However, the board may deny the restoration of any revoked license for which the required registration fees have not been paid during the years for which they are due if it finds that grounds for refusal to grant or for revocation of the license exist under ORS 685.110.

(4)(a) A person who chooses to allow a license to become inactive may file a written application to reactivate a license that has been inactive for one year or less by paying the restoration fee and the biennial registration fee for an active license and demonstrating compliance with ORS 685.102. A registration fee paid to place the license fee in inactive status shall not be credited toward payment of the biennial registration fee for an active license. The board may prorate the biennial registration fee.

(b) A person who chooses to allow a license to become inactive may file a written application to reactivate a license that has been inactive for more than one year by paying the biennial registration fee for an active license and demonstrating compliance with the continuing education requirement set by rule of the board under ORS 685.102 [(5)] (6). The board may prorate the biennial registration fee.

(5) The secretary of the board shall notify each person holding a license under this chapter that the registration application and fee are due.

(6) The board shall assess fees for the following:

(a) License [fee].

(b) Examination [fee].

(d) Restoration [fee].

(e) Certificate of special competency in natural childbirth.

(7) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under this section shall not exceed the cost of administering the regulatory program of the board pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board's budget, as the budget may be modified by the Emergency Board.

SECTION 2. ORS 685.102 is amended to read:

685.102. (1) Except as provided in [subsection] subsections (2) and (5) of this section, each person holding a license under this chapter shall submit annually by December 31, evidence satisfactory to the Board of Naturopathic Examiners of successful completion of an approved program of continuing education of at least 20 hours in naturopathic medicine, completed in the calendar year preceding the date on which the evidence is submitted.

(2) The board may exempt any person holding a license under this chapter from the requirements of subsection (1) of this section upon application showing evidence satisfactory to the board of inability to comply with the requirements because of physical or mental condition or because of other unusual or extenuating circumstances. However, no person shall be exempted from the requirements of subsection (1) of this section more than once in any five-year period.

(3) Notwithstanding subsection (2) of this section, a person holding a license under this chapter may be exempted from the requirements of subsection (1) of this section upon application showing evidence satisfactory to the board that the applicant is or will be in the next calendar year at least 70 years of age and is retired or will retire in the next calendar year from the practice of naturopathic medicine.

(4) The board shall require licensees to obtain continuing education for the use of pharmacological substances for diagnostic, preventive and therapeutic purposes in order to maintain current licensure.

(5) A person whose license is in inactive status must submit by December 31 of each year evidence satisfactory to the board of completion of 10 hours of approved continuing education in the year preceding the date on which the evidence is submitted.

[(5)] (6) Notwithstanding subsections (1) [and], (2) and (5) of this section, in the case of an applicant under ORS 685.100 (4)(b) for reactivation of an inactive license, the continuing education requirement for reactivation shall be set by rule of the board.

SECTION 3. ORS 685.135 is amended to read:

685.135. (1) No naturopath shall practice natural childbirth without first obtaining a certificate of special competency in natural childbirth in accordance with the provisions of this section.

(2) Upon payment of the fee required under ORS 685.100, the Board of Naturopathic Examiners shall issue a certificate of special competency in natural childbirth to a licensed naturopath who meets the requirements prescribed by the board to practice natural childbirth.

(3) The board may adopt rules applicable to specialty certification:

(a) Which establish education, training and qualifications necessary for certification.

(b) Which limit or restrict specialty practice.

(d) Which establish procedures for maintaining certification.

(4) Only those naturopaths wishing to practice natural childbirth shall be required to satisfy educational and examination standards in these areas.

Approved by the Governor July 6, 1999

Filed in the office of Secretary of State July 6, 1999

Effective date October 23, 1999

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