70th OREGON LEGISLATIVE ASSEMBLY--1999 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 4017
Senate Bill 1127
Sponsored by COMMITTEE ON JUDICIARY
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 as
introduced.
Converts 22 boards to semi-independent state agency status.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to semi-independent state agencies; creating new
provisions; amending ORS 293.110, 297.720, 297.730, 417.310,
418.193, 432.312, 433.010, 670.304, 671.570, 671.630, 671.650,
671.660, 671.720, 673.010, 673.060, 673.080, 673.090, 673.095,
673.100, 673.130, 673.150, 673.160, 673.400, 673.410, 673.455,
675.100, 675.110, 675.130, 675.140, 675.280, 675.290, 675.310,
675.320, 675.330, 675.336, 675.340, 675.571, 675.590, 675.595,
675.705, 675.725, 675.775, 675.785, 675.795, 675.805, 676.160,
678.710, 678.740, 678.760, 678.770, 678.800, 678.810, 678.825,
678.830, 679.050, 679.120, 679.130, 679.230, 679.260, 680.075,
680.080, 680.500, 680.510, 680.515, 680.525, 680.530, 680.535,
680.540, 680.542, 680.545, 680.550, 680.556, 680.560, 680.565,
680.567, 680.570, 680.572, 681.270, 681.340, 681.400, 681.410,
681.420, 681.430, 681.450, 681.480, 684.040, 684.050, 684.054,
684.060, 684.090, 684.130, 684.160, 684.171, 685.100, 685.104,
685.145, 685.160, 685.170, 685.190, 685.201, 686.170, 686.210,
686.230, 686.246, 686.255, 687.057, 687.071, 687.086, 687.115,
687.890, 688.160, 688.170, 688.201, 688.545, 688.555, 688.585,
688.595, 688.915, 690.045, 690.155, 690.175, 690.185, 690.235,
690.995, 691.405, 691.465, 691.485, 691.495, 691.505, 691.565,
692.160, 692.180, 692.300, 692.310, 692.320, 692.330, 692.375,
700.010, 700.030, 700.035, 700.050, 700.053, 700.059, 700.080,
700.090, 700.100, 700.105, 700.110, 700.115, 700.210, 700.220,
700.230, 700.240, 700.251, 700.260, 700.992, 703.475, 703.480,
703.485 and 703.490; repealing ORS 675.115, 678.775 and
681.470; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
TRANSFER OF BOARDS; ESTABLISHMENT + }
{ +
AS INDEPENDENT STATE AGENCIES + }
SECTION 1. { + On the operative date of sections 1 to 177 of
this 1999 Act, the following boards are transferred from the
Health Division of the Department of Human Resources and are
established as semi-independent state agencies that are subject
to sections 3 to 10 of this 1999 Act:
(1) The State Board of Barbers and Hairdressers.
(2) The State Board of Clinical Social Workers.
(3) The Oregon Board of Licensed Professional Counselors and
Therapists.
(4) The Oregon Board of Dentistry.
(5) The State Board of Denture Technology.
(6) The Board of Examiners of Licensed Dietitians.
(7) The State Board of Massage Technicians.
(8) The State Mortuary and Cemetery Board.
(9) The Board of Naturopathic Examiners.
(10) The Board of Examiners of Nursing Home Administrators.
(11) The Occupational Therapy Licensing Board.
(12) The Physical Therapist Licensing Board.
(13) The Board of Radiologic Technology.
(14) The State Board of Examiners for Speech-Language Pathology
and Audiology.
(15) The Oregon State Veterinary Medical Examining Board. + }
SECTION 2. { + On the operative date of sections 1 to 177 of
this 1999 Act, the following boards are established as
semi-independent state agencies subject to sections 3 to 10 of
this 1999 Act:
(1) The State Board of Accountancy.
(2) The State Board of Chiropractic Examiners.
(3) The Oregon Board of Investigators.
(4) The State Landscape Contractors Board.
(5) The State Board of Psychologist Examiners.
(6) The Sanitarians Registration Board.
(7) The Board of Trustees of the Children's Trust Fund. + }
{ +
GENERAL PROVISIONS RELATING TO SEMI-INDEPENDENT STATE
AGENCIES + }
SECTION 3. { + As used in sections 3 to 10 of this 1999 Act:
(1) 'Board' means a board established as a semi-independent
state agency under section 1 or 2 of this 1999 Act.
(2) 'License' includes licenses, registrations, certifications,
permits or other forms of permission required by law to pursue an
occupation or engage in a business regulated by a board. + }
SECTION 3a. { + (1) Except as otherwise provided by law, the
provisions of ORS chapters 240, 276, 279, 282, 283, 291, 292 and
293 do not apply to a board. A board is subject to all other
statutes governing a state agency that do not conflict with this
1999 Act, including the tort liability provisions of ORS chapter
30 and the provisions of ORS 183.310 to 183.550, and a board's
employees are included within the Public Employees Retirement
System.
(2) Notwithstanding subsection (1) of this section, the
following provisions shall apply to a board:
(a) ORS 240.309 (1) to (6) and 240.321;
(b) ORS 279.800 to 279.830;
(c) ORS 279.835 to 279.855;
(d) ORS 282.210 to 282.230; and
(e) ORS 293.240.
(3) In carrying out the duties, functions and powers of a
board, the board may contract with any state agency for the
performance of duties, functions and powers as the board
considers appropriate. A state agency shall not charge a board an
amount that exceeds the actual cost of those services. This 1999
Act does not require an agency to provide services to a board
other than pursuant to a voluntary interagency agreement or
contract.
(4) A board shall adopt personnel policies and contracting and
purchasing procedures that shall be reviewed by the Oregon
Department of Administrative Services for compliance with
applicable state and federal laws and collective bargaining
contracts.
(5) Except as otherwise provided by law, directors and
employees of a board are eligible to receive the same benefits as
state employees. + }
SECTION 4. { + (1) A board shall adopt budgets on a biennial
basis using classifications of expenditures and revenues required
by ORS 291.206 (1), but the budget shall not be subject to review
and approval by the Legislative Assembly or to future
modification by the Emergency Board or the Legislative Assembly.
(2) The budget referred to in subsection (1) of this section
shall be adopted in accordance with applicable provisions of ORS
183.310 to 183.550. Except as provided in this subsection, a
board shall adopt or modify a budget only after a public hearing
thereon. A board must give notice of the hearing to all holders
of licenses issued by the board.
(3) A board shall follow generally accepted accounting
principles and keep financial and statistical information as
necessary to completely and accurately disclose the financial
condition and financial operations of the board as may be
required by the Secretary of State.
(4) A board shall prepare an annual financial statement of
board revenues and expenses and shall make the statement
available for public review. The board shall provide a copy of
the statement to the Oregon Department of Administrative Services
not later than the 90th day after the end of the state fiscal
year.
(5) A board may, by rule, elect to donate all or part of the
revenue derived by the board from civil penalties to the General
Fund of the State Treasury. + }
SECTION 5. { + This 1999 Act does not affect the duty and
authority of the Secretary of State to audit public accounts. The
Secretary of State shall enter into agreements with each of the
boards to set appropriate audit schedules for those boards. The
audit schedule shall be set to allow board compliance with
section 10 of this 1999 Act. In lieu of conducting an audit, the
Secretary of State may elect to accept the report of an
independent certified public accountant. Audits shall include,
but need not be limited to, the following:
(1) A financial report that includes:
(a) An explanation of any revenue increase causing revenue to
exceed budget levels for the previous biennium, including what
portion of the increase, if any, is due to an increase in the
number of licenses issued;
(b) An explanation of how any revenue increase that caused
revenue to exceed budget levels for the previous biennium was
expended; and
(c) Whether the board has followed generally accepted
accounting principles as required under section 4 (3) of this
1999 Act.
(2) A performance audit that, at a minimum, includes whether:
(a) The board has adequately and effectively discharged the
lawful responsibilities of the board concerning:
(A) Licensing;
(B) Enforcement;
(C) Consumer and professional education and information;
(D) Responses to consumer complaints; and
(E) Responses to requests from the office of the Governor.
(b) The personnel policies and contracting and purchasing
procedures followed by the board:
(A) Comply with applicable state and federal law; and
(B) Have resulted in time or resource savings and the amount
of, and the use made of, any such savings. + }
SECTION 6. { + In addition to other powers granted by sections
3 to 10 of this 1999 Act and by the statutes specifically
applicable to a board, a board may:
(1) Sue and be sued in its own name.
(2) Notwithstanding ORS chapter 279, enter into contracts and
acquire, hold, own, encumber, issue, replace, deal in and with
and dispose of real and personal property.
(3) Notwithstanding ORS 670.300, fix a per diem amount to be
paid to board members for each day or portion thereof during
which the member is actually engaged in the performance of
official duties. Board members may also receive actual and
necessary travel expenses or other expenses actually incurred in
the performance of their duties. If an advisory counsel or peer
review committee is established under the law that governs the
board, the board may also fix and pay amounts and expenses for
members thereof.
(4) Set the amount of any fee required by statute and establish
by rule and collect other fees as determined by the board. Fees
shall not exceed amounts necessary for the purpose of carrying
out the functions of the board. Notwithstanding ORS 183.335 and
except as provided in this subsection, a board shall hold a
public hearing prior to adopting or modifying any fee without
regard to the number of requests received to hold a hearing. A
board shall give notice to all licensees of the board prior to
holding a hearing on the adoption or modification of any fee. A
board may adopt fees in conjunction with the budget adoption
process described in section 4 of this 1999 Act.
(5) Subject to any other statutory provisions, adopt procedures
and requirements governing the manner of making application for
issuance, renewal, suspension, revocation, restoration and
related activities concerning licenses that are under the
jurisdiction of a board. + }
SECTION 7. { + (1) Notwithstanding ORS 670.306, a board may
select and appoint an administrator. The board shall fix the
qualifications and compensation for the position.
(2) An administrator of a board shall not be a voting member of
that board.
(3) Notwithstanding ORS 670.306, an administrator of a board
may employ persons as the board determines to be necessary for
carrying out the business and responsibilities of the board.
(4) Notwithstanding subsection (3) of this section, a board
shall continue to employ all classified employees employed by the
board on the operative date of sections 1 to 177 of this 1999
Act, subject to state personnel laws and collective bargaining
agreements.
(5) Notwithstanding subsection (3) of this section, a board
shall be bound by any collective bargaining agreement entered
into by this state on behalf of the board before or after the
operative date of sections 1 to 177 of this 1999 Act.
(6) Changes in board status under this 1999 Act do not affect
the status of any collective bargaining unit as the appropriate
bargaining unit for board employees. + }
SECTION 8. { + (1) Notwithstanding ORS 418.193, 671.630,
673.410, 675.100, 675.310, 675.590, 675.775, 678.800, 679.230,
680.556, 681.410, 684.130, 685.160, 686.210, 687.115, 688.160,
688.545, 690.155, 691.485, 692.300, 700.220 and 703.475, when a
vacancy occurs in a nonpublic member board position, an election
shall be held allowing licensees of the board to nominate a
qualified person for the position. The board shall forward the
vote result to the proper appointing authority. If the appointing
authority approves of the election result, the person nominated
by the licensees shall be appointed to the board. If the
appointing authority does not approve of the election result, the
appointing authority may request that a new election be held or
may appoint a qualified person selected by the appointing
authority. This subsection does not require an appointing
authority to delay filling a vacancy on a board or invalidate any
appointment made without the receipt of an election result. This
subsection and subsection (3) of this section do not affect any
requirement for Senate confirmation of an appointment.
(2) Each board shall, by rule, adopt a process for the election
of nonpublic member nominees, including receiving nominations,
verifying legal qualifications for office and distributing and
counting ballots. A public hearing shall be held prior to
adopting the process. A process shall be adopted by the board on
or before July 1, 2000, and shall become operative on or before
January 1, 2001.
(3) Notwithstanding ORS 418.193, 671.630, 673.410, 675.100,
675.310, 675.590, 675.775, 678.800, 679.230, 680.556, 681.410,
684.130, 685.160, 686.210, 687.115, 688.160, 688.545, 690.155,
691.485, 692.300, 700.220 and 703.475, public members of a board
shall be elected by the members of the board from a list of
nominees submitted by the appointing authority.
(4) This section does not prevent any person from serving as an
ex officio member of a board as otherwise provided by law. + }
SECTION 9. { + (1) Notwithstanding ORS 670.335, except where
otherwise specifically provided by this 1999 Act, all moneys
collected or received by a board, placed to the credit of that
board and remaining unexpended and unobligated on the operative
date of sections 1 to 177 of this 1999 Act, and all moneys
collected or received by a board after the operative date of
sections 1 to 177 of this 1999 Act shall be deposited into an
account established by that board in a depository bank insured by
the Federal Deposit Insurance Corporation. In a manner consistent
with the requirements of ORS chapter 295, the chairperson,
president or administrator of a board shall ensure that
sufficient collateral secures any amount of funds on deposit that
exceeds the limits of the Federal Deposit Insurance Corporation's
coverage. All moneys in the account are continuously
appropriated to the board making the deposit for the purpose of
carrying out the functions of the board.
(2) Subject to the approval of the chairperson, president or
administrator, a board may invest moneys collected or received by
the board. Investments made by a board are:
(a) Limited to investments described in ORS 294.035;
(b) Subject to the investment maturity date limitations
described in ORS 294.135; and
(c) Subject to the conduct prohibitions listed in ORS 294.145.
(3) Interest earned from any accounts invested under subsection
(2) of this section shall be made available to a board in a
manner consistent with the board's annual budget.
(4) Subject to the approval of the chairperson, president or
administrator, all necessary board expenses shall be paid from
the moneys collected or earned by a board.
(5) As used in this section, 'depository bank' has the meaning
given in ORS 295.005. + }
SECTION 10. { + Not later than the first day of each regular
session of the Legislative Assembly, each board shall submit a
report to the Governor and the Legislative Assembly as provided
in ORS 192.245. For each board, the report shall include the
following:
(1) A copy of the most recent audit required by section 5 of
this 1999 Act;
(2) A copy of any budget adopted by the board for the
subsequent biennium in accordance with section 4 of this 1999
Act;
(3) A description of the public hearing process for setting
budgets;
(4) A description of fee changes and justifications for fee
changes;
(5) A description of the number of licenses, permits,
certificates and registrations applied for, issued and revoked;
(6) A description of the number of complaints reported and
investigated and a list of the number and types of sanctions
imposed;
(7) A description of all rules adopted or repealed, including
temporary and permanent rules;
(8) A description of the number of public meetings or work
sessions held by the board; and
(9) A description of the board's consumer publications and
outreach programs. + }
SECTION 10a. { + Notwithstanding section 4 of this 1999 Act,
for the biennium ending on June 30, 2001, a board, as defined in
section 3 of this 1999 Act, may adopt its legislatively approved
budget by temporary rule under ORS 183.335. + }
{ +
STATE BOARD OF ACCOUNTANCY + }
SECTION 11. ORS 297.720 is amended to read:
297.720. Every auditor or accountant whose name is included on
the roster of authorized accountants referred to in ORS 297.670
shall pay to the State Board of Accountancy biennially a fee for
continuance thereon. The fee shall be in an amount { - not to
exceed $100 - } as determined by the board by rule.
SECTION 12. ORS 297.730 is amended to read:
297.730. The fees collected by the State Board of Accountancy
under ORS 297.670 to 297.740 shall be { - turned over to the
State Treasurer who shall deposit the moneys in the General Fund
to be credited to - } { + deposited to the account created
by + } the State Board of Accountancy { + pursuant to section 9
of this 1999 Act. Those moneys are appropriated continuously to
the board + } for its use in carrying out the provisions of ORS
297.405 to 297.555 and 297.670 to 297.740.
SECTION 13. ORS 673.010 is amended to read:
673.010. As used in ORS 673.010 to 673.455:
(1) 'Board' means the State Board of Accountancy { - created
by ORS 673.410 - } .
(2) 'Other business form' means any form of business
organization authorized by law that is not a proprietorship,
partnership or professional corporation.
(3) 'Public accountant' means a person licensed in this state
as a public accountant.
(4) 'State' means any state, territory or insular possession of
the United States, and the District of Columbia.
SECTION 14. ORS 673.060 is amended to read:
673.060. (1) An applicant for a certificate of certified public
accountant shall have successfully passed written examinations in
knowledge of accounting, auditing and such other related subjects
as the State Board of Accountancy determines to be appropriate,
and an applicant shall either:
(a) Have had two years' public accounting experience or the
equivalent thereof satisfactory to the board under its rules; or
(b) Have had one year of public accounting experience or the
equivalent thereof satisfactory to the board under its rules and
have completed one year of college or university courses in
accounting or related subjects beyond the baccalaureate degree or
the equivalent thereof satisfactory to the board under its rules.
(2) An applicant for a certificate of certified public
accountant must make application on a form provided by the board.
The board shall charge each applicant a fee for application
{ - not to exceed $100, - } as determined by the board.
(3) Examinations provided for in this section shall be held by
the board and shall take place as often as may be necessary in
the opinion of the board, but not less frequently than
semiannually. The board may contract with any organization,
governmental or private, for examination material and services.
The board may also enter an agreement with the licensing
authority of any other state for examination services such as
monitoring examinations of applicants temporarily absent from
this state. All examination papers shall be preserved for a
period of at least three months after the notification of
grading. Any failed candidate, upon written request to the board,
shall have access to the candidate's papers. The board may
prescribe a fee { - not to exceed $400 - } for the inspection
of examination papers.
(4) The board by rule may prescribe the terms and conditions
under which a candidate who successfully completes an examination
in at least two subjects shall have the right to be reexamined in
the remaining subjects only, at subsequent examinations held by
the board. If the candidate passes in the remaining subjects
within a period of time specified in the rules of the board, the
candidate shall be considered to have passed the examination.
(5) The board shall charge each candidate a fee { - not to
exceed $150, - } as determined by the board for each examination
provided for in ORS 673.010 to 673.455, which shall be payable by
the applicant at the time of making application. When an
applicant has passed in two or more subjects, reexamination of
the remaining subjects shall be given the same applicant for a
fee { - not to exceed $50 - } as determined by the board for
each subject.
SECTION 15. ORS 673.080 is amended to read:
673.080. (1) The State Board of Accountancy may in its
discretion waive the examination requirements and issue a
certificate as 'certified public accountant' to any person who:
(a) Possesses the other qualifications mentioned in ORS 673.050
or the equivalent as established by the board;
(b) Holds a comparable certificate of certified public
accountant issued under the laws of any state entitling the
person to practice as a certified public accountant in the state,
or who holds a comparable certificate or degree issued in a
foreign country entitling the person to practice as a certified
public accountant in the country; and
(c) Pays a certificate fee { - not to exceed $100, - } as
determined by the board.
(2) Any person who has filed an application under the
provisions of this section for a certificate as certified public
accountant may, with the knowledge and approval of the board,
engage in the practice of public accounting in this state as a
certified public accountant until such time as the application
for a certificate is granted or rejected.
SECTION 16. ORS 673.090 is amended to read:
673.090. (1) Two or more certified public accountants may apply
to the State Board of Accountancy for registration as a
partnership of certified public accountants if the following
requirements are met:
(a) At least one general partner must hold a certificate of
certified public accountant issued under ORS 673.040 to 673.080
and a permit that is issued under ORS 673.150 and is not revoked,
suspended or lapsed.
(b) Each partner personally engaged within this state in the
practice of public accounting as a member in the partnership must
hold a certificate of certified public accountant issued under
ORS 673.040 to 673.080 and a permit that is issued under ORS
673.150 and is not revoked, suspended or lapsed.
(c) Each partner must be a certified public accountant in good
standing of some state.
(d) Each manager of an office of the firm in this state must
hold a certificate of certified public accountant issued under
ORS 673.040 to 673.080 and a permit that is issued under ORS
673.150 and is not revoked, suspended or lapsed.
(2) Application for registration as a partnership of certified
public accountants must be made on a form provided by the board.
The board shall charge a fee to register as a partnership of
certified public accountants in an amount { - not to exceed $50
as - } determined by the board. An application must be made upon
the affidavit of a general partner of the partnership who is a
holder of the certificate of certified public accountant issued
under ORS 673.040 to 673.080, or has applied for a certificate as
a certified public accountant under ORS 673.080. The board shall
in each case determine whether the applicant is eligible for
registration. The board shall register a partnership that
satisfies the requirements of this section.
(3) ORS 673.095 governs renewal of a registration under this
section.
(4) A partnership that holds a current and valid registration
may use the words 'certified public accountants' or the
abbreviation 'C.P.A.'s' in connection with its partnership name.
(5) A partnership shall notify the board not later than the
30th day after the happening of either of the following events:
(a) When a partner who holds a certificate of certified public
accountant issued under ORS 673.040 to 673.080 and a permit that
is issued under ORS 673.150 and is not revoked, suspended or
lapsed, is admitted to or withdraws from the partnership.
(b) When there is any change of manager in charge of an office
of the firm in this state.
(6) Any registration of a partnership under this section
granted in reliance upon the provisions of ORS 673.080 shall
terminate forthwith if the board rejects the application of the
general partner who signed the application for registration as a
partnership, or of any partner personally engaged in the practice
of public accounting in this state, or of any manager of the
partnership in charge of an office in this state.
SECTION 17. ORS 673.095 is amended to read:
673.095. (1) The State Board of Accountancy by rule shall
require each partnership registered under ORS 673.090 or 673.130
to renew its registration biennially. To obtain renewal of a
registration, a partnership must satisfy the requirements under
this section. In addition:
(a) A partnership registered under ORS 673.090 must meet the
requirements of ORS 673.090 (1).
(b) A partnership registered under ORS 673.130 must meet the
requirements of ORS 673.130 (1).
(c) A partnership registered under ORS 673.090 or 673.130 must
participate in a quality review program described in ORS 673.455.
(2) When a partnership is registered for the first time, the
board shall require the partnership to renew its registration
only when a full registration period has elapsed. Application for
renewal may be made at any time before commencement of the
renewal period and must be made on a form provided by the board.
The board may require that an applicant for renewal must file
with the renewal application any information that the board
requires by rule.
(3) The board shall charge a fee to renew a partnership
registration under this section in an amount { - not to exceed
$100 as - } determined by the board.
(4) A partnership that has not renewed its registration by the
close of the registration period may restore its registration by
paying to the board a delinquent renewal fee { - , not to exceed
$50, - } as determined by the board. Any registration that is
not renewed within 60 days after the close of the period for
which it was issued or renewed shall lapse. The board may restore
a lapsed registration when a partnership pays the board all
unpaid renewal fees and the delinquent renewal fee. However, the
board may restore a registration issued or renewed for a
registration period that ended more than four years before the
date of the application for restoration only if the partnership
satisfactorily shows the board that the partnership is qualified
to engage in the practice of public accounting.
SECTION 18. ORS 673.100 is amended to read:
673.100. (1) The State Board of Accountancy shall issue a
license as a public accountant to a person who applies for the
license and who:
(a) Passes a written examination on the code of professional
ethics adopted by the board;
(b) Meets the requirements of ORS 673.050 for admission to the
examination for the certificate of certified public accountant;
(c) Takes the examination for the certificate of certified
public accountant pursuant to ORS 673.060 and receives passing
grades in the two parts of the examination that include auditing
and knowledge of accounting; and
(d) Has one year of public accounting experience, including
auditing, or the equivalent satisfactory to the board.
(2) An applicant for a license as a public accountant must make
application on a form provided by the board. The board shall
charge each applicant a fee for application { - in an amount
not to exceed $100, - } as determined by the board.
SECTION 19. ORS 673.130 is amended to read:
673.130. (1) Two or more public accountants may apply to the
State Board of Accountancy for registration as a partnership of
public accountants if the following requirements are met:
(a) At least one general partner must hold either a certificate
of certified public accountant issued under ORS 673.040 to
673.080 or a license as public accountant issued under ORS
673.100, and a permit that is issued under ORS 673.150 and is not
revoked, suspended or lapsed.
(b) Each partner in the partnership must hold either a
certificate of certified public accountant issued under ORS
673.040 to 673.080 or a license as public accountant issued under
ORS 673.100, and a permit that is issued under ORS 673.150 and is
not revoked, suspended or lapsed.
(2) Application for registration as a partnership of public
accountants must be made on a form provided by the board. The
board shall charge a fee to register as a partnership of public
accountants in an amount { - not to exceed $50 as - }
determined by the board. An application must be made upon the
affidavit of a general partner of the partnership who holds a
certificate to practice in this state as a certified public
accountant or a license to practice in this state as a public
accountant. The board shall in each case determine whether the
applicant is eligible for registration. The board shall register
a partnership that satisfies the requirements of this section.
(3) ORS 673.095 governs renewal of a registration under this
section.
(4) A partnership that holds a current and valid registration
may use the words 'public accountants' in connection with its
partnership name.
(5) A partnership shall notify the board not later than the
30th day after the happening of either of the following events:
(a) When a partner is admitted to or withdraws from the
partnership.
(b) When there is any change of manager in charge of an office
of the firm in this state.
SECTION 20. ORS 673.150 is amended to read:
673.150. (1) Permits to engage in the practice of public
accounting in this state shall be issued by the State Board of
Accountancy biennially to holders of the certificate of certified
public accountant issued under ORS 673.040 to 673.080 and to
public accountants.
(2) The board by rule shall cause all permits issued under this
section to be renewed biennially. When a permit is issued for the
first time, the board shall require the permit holder to renew
the permit only when a full permit period has elapsed.
(3) Applications for permits or for renewals of permits may be
submitted to the board on a form prescribed by the board at any
time prior to the commencement of the license period.
Applications for permits or for renewals of permits shall be
accompanied by a fee { - of not more than $100 - } as
determined by the board.
(4) Applications for renewals of permits shall be accompanied
by evidence satisfactory to the board that the applicant has
complied with continuing education requirements under ORS 673.165
unless those requirements have been waived.
(5) Applications for renewals of permits shall be accompanied
by evidence satisfactory to the board that the applicant, either
individually or as an employee or a member of a partnership
registered under ORS 673.090 or 673.130, has complied with the
quality review requirements described in ORS 673.455.
(6) A permit that is not renewed by the close of the permit
period may be restored upon payment to the board of a delinquent
renewal fee { - , not to exceed $50, - } as determined by the
board. Any permit that is not renewed within 60 days after the
close of the permit period for which it was issued or renewed
shall lapse. The board may restore a lapsed permit upon payment
to it of all past unpaid renewal fees and the delinquent renewal
fee. However, the board may restore a permit issued or renewed
for a permit period that ended more than five years prior to the
date of the application for restoration only upon demonstration
satisfactory to the board that the applicant is qualified to
engage in the practice of public accounting.
(7) Notwithstanding subsection (3) of this section, the board
may prescribe a reduced fee for renewal of permits of those
certified public accountants and public accountants who have
reached the age of 65 years.
SECTION 21. ORS 673.160 is amended to read:
673.160. (1) As provided in ORS 58.345, the State Board of
Accountancy may require professional corporations of certified
public accountants or professional corporations of public
accountants to register with the board.
(2) The board by rule may require that other business forms of
certified public accountants and other business forms of public
accountants register with the board. The board may establish a
registration and renewal fee { - , with the approval of the
Oregon Department of Administrative Services - } .
SECTION 22. ORS 673.400 is amended to read:
673.400. (1) { + Unless the State Board of Accountancy
provides otherwise pursuant to section 4 (5) of this 1999
Act, + } any person who violates any provision of ORS 673.010 to
673.455 or any rule adopted thereunder shall forfeit and pay into
the { - General Fund to be credited to - } { + account
created by + } the { - State - } board { - of Accountancy
for its use in carrying out the provisions of this section - }
{ + pursuant to section 9 of this 1999 Act + } a civil penalty
in an amount determined by the board of not more than $1,000 for
each offense.
(2) The civil penalty may be recovered by the Attorney General
in an action brought in the name of the State of Oregon in any
court of appropriate jurisdiction or may be imposed as provided
in ORS 183.090.
(3) The provisions of this section are in addition to and not
in lieu of any other penalty provided by law.
SECTION 23. ORS 673.410 is amended to read:
673.410. (1) { - There is created a - } { + The + } State
Board of Accountancy { - consisting - } { + shall operate as
a semi-independent state agency subject to sections 3 to 10 of
this 1999 Act, for purposes of carrying out ORS 673.010 to
673.455. The board shall consist + }of seven members.
(2) Members of the board shall be appointed by the Governor for
terms of three years, subject to confirmation by the Senate
pursuant to section 4, Article III of the Oregon Constitution.
(3) The board members shall be as follows:
(a) Five must have held certified public accountant
certificates issued under the laws of this state for at least
five years, and be actively engaged in public accounting
practice.
(b) One shall be a member of the general public.
(c) One shall be a public accountant licensed under the laws of
this state for at least five years and be actively engaged in
public accounting practice.
(4) No person shall be eligible for reappointment after the
person's third consecutive term until a period at least equal to
the appointed term has elapsed.
(5) The authority of the board to enforce the provisions of ORS
673.010 to 673.455 includes the authority to regulate the
practice of public accounting by persons holding permits issued
under ORS 673.150. The practice of public accounting for purposes
of ORS 673.010 to 673.455 is the performance of, or any offering
to perform, one or more kinds of services for a client or
potential client involving the use of auditing or accounting
skills and including:
(a) Issuance of reports on financial statements.
(b) Performance of management, advisory or consulting services.
(c) Preparation of tax returns or the furnishing of advice on
tax matters.
SECTION 24. ORS 673.455 is amended to read:
673.455. (1) The State Board of Accountancy shall appoint a
Quality Review Committee. The board may also approve applications
for operation of alternative quality review programs such as
programs provided by the American Institute of Certified Public
Accountants and the National Society of Public Accountants.
(2) Each certified public accountant and public accountant
holding a permit issued under ORS 673.150, either individually or
as part of a partnership registered under ORS 673.090 or 673.130,
shall participate in a quality review program described in this
section. The quality review shall be conducted by the Quality
Review Committee appointed by the board or by an alternative
quality review program approved by the board under subsection (1)
of this section.
(3) A review of the accounting practice of a certified public
accountant or public accountant by an alternative quality review
program shall not preclude the Quality Review Committee, upon
order of the board, from conducting a review of specified aspects
of the accounting practice of the certified public accountant or
public accountant. A certified public accountant or public
accountant whose accounting practice is reviewed by the Quality
Review Committee under this subsection is not required to pay the
fee described in subsection (10) of this section.
(4) The members of the committee serve at the pleasure of the
board.
(5) A member of the committee appointed under this section is
entitled to compensation and expenses as { - provided in ORS
292.495 - } { + determined by the board + }.
(6) The committee also may review:
(a) Any financial statement or report filed with the state or
any political subdivision and prepared by a certified public
accountant or public accountant; and
(b) Any procedure, working paper or supporting document
relating to the financial statement or report.
(7) If the client grants permission or if all information
identifying the client has been removed, the committee also may
review any financial statement not described in subsection (6) of
this section and prepared by a certified public accountant or
public accountant, or any procedure, working paper or supporting
document relating to the financial statement.
(8) The failure or refusal by any person who is a licensee,
certificate holder, permit holder or registrant to comply with a
request for review or explanation, or both, of such financial
statement as set forth in this section constitutes a violation of
ORS 673.170 (2)(b).
(9) Information, recommendations, findings and reports prepared
by or for the Quality Review Committee, or members of the board
shall be confidential and not subject to public disclosure until
the board makes a final administrative determination whether it
shall take any of the actions set forth in ORS 673.170 (1).
However, nothing in this subsection prohibits access by a person
who is a licensee, certificate holder, permit holder or
registrant, or the person's attorney to the information,
recommendations, findings and reports described in this
subsection and relating to the person.
(10) Any certified public accountant or public accountant
holding a permit issued under ORS 673.150, either individually or
as part of a partnership registered under ORS 673.090 or 673.130,
who participates in a review of the accounting practice of the
accountant conducted by the Quality Review Committee under this
section shall pay a fee to the board. The board shall set the fee
by rule.
{ +
STATE BOARD OF BARBERS AND HAIRDRESSERS + }
SECTION 25. { + All moneys received by the State Board of
Barbers and Hairdressers under ORS 690.005 to 690.235 shall be
deposited to the account established by the board under section 9
of this 1999 Act. Those moneys are continuously appropriated to
the board for the carrying out of ORS 690.005 to 690.235 and
690.995. + }
SECTION 26. ORS 670.304 is amended to read:
670.304. Except as otherwise specifically provided, ORS 670.300
to 670.410 apply to the following professional licensing and
advisory boards:
(1) Professional licensing and advisory boards established in
the Office of the Secretary of State.
(2) The Oregon Board of Maritime Pilots, in the Department of
Transportation.
(3) The State Board of Barbers and Hairdressers { - , in the
Health Division of the Department of Human Resources - } .
(4) The State Board of Architect Examiners.
(5) The State Landscape Contractors Board.
(6) The State Board of Examiners for Engineering and Land
Surveying.
(7) State Landscape Architect Board.
(8) State Board of Geologist Examiners.
(9) State Board of Tax Service Examiners.
(10) State Board of Accountancy.
SECTION 27. ORS 690.045 is amended to read:
690.045. (1) Except as otherwise provided in this section, an
applicant must do all of the following to be issued a certificate
as a practitioner under ORS 690.048:
(a) Pass the certification examination given by the State Board
of Barbers and Hairdressers under ORS 690.065;
(b) Pay the examination fee and application fee determined by
the board under ORS 690.235; and
(c) Successfully complete all courses within each area of
practice for which the applicant is seeking a certificate as a
practitioner that a school is required to teach to be licensed
under ORS 345.010 to 345.450.
(2) The board may waive for a person who holds a currently
valid authority to perform hair design, barbering, facial
technology or nail technology issued by a licensing agency of
another state or territory of the United States all or part of
the schooling requirements imposed under this section to qualify
for a certificate.
(3) Also, the board may issue the person a certificate without
requiring the person to pass an examination under this section
if:
(a) The person pays the required { - fee for a - }
reciprocity fee under ORS 690.235; and
(b) The board determines that the licensing agency of the
jurisdiction where the person holds the current valid authority:
(A) Accords reciprocal privileges to residents of this state;
and
(B) Has requirements for qualification to practice hair design,
barbering, facial technology or nail technology that the board
determines are substantially equivalent to the requirements of
this state.
(4) An applicant shall not be required to comply with the
schooling requirements for a certificate under subsection (1) of
this section if the applicant is the graduate of a hair design,
barbering, facial technology or nail technology school in another
state or territory or in a state correctional institution and the
requirements for successful completion of training at the school
are determined by the Superintendent of Public Instruction to
meet the minimum requirements for licensing a school to teach
hair design, barbering, facial technology or nail technology
under ORS 345.010 to 345.450.
SECTION 28. ORS 690.155 is amended to read:
690.155. (1) { - There is created within the Health Division
of the Department of Human Resources a - } { + The + } State
Board of Barbers and Hairdressers { - consisting - }
{ + shall operate as a semi-independent state agency subject to
sections 3 to 10 of this 1999 Act, for purposes of carrying out
ORS 690.005 to 690.235 and 690.995. The board shall consist
+ }of seven members appointed by the Assistant Director for
Health. Each member of the board shall serve for a term of three
years and until a successor is appointed and qualified. At all
times the membership of the board shall be so constituted that:
(a) Six members of the board shall be practitioners with
certificates.
(b) One member shall be a public member who is not a
practitioner.
(2) A person is not eligible for appointment as a member of the
board if the person:
(a) Is associated, directly or indirectly, in the manufacture
of cosmetic or barber appliances or supplies or their rental,
sale or distribution to licensees.
(b) Has previously served two terms.
(3) A member of the board serves at the pleasure of the
Assistant Director for Health. Vacancies shall be filled by the
Assistant Director for Health, by appointment for the unexpired
term.
(4) The Assistant Director for Health, or a designated
representative, shall serve as an ex officio member of the board
but without the right to vote.
SECTION 29. ORS 690.175 is amended to read:
690.175. (1) The State Board of Barbers and Hairdressers shall
elect a chairperson. The board shall prescribe rules to govern
the proceedings of the board. The board shall hold meetings at
such times and places as it determines. A majority of the members
of the board shall constitute a quorum.
(2) Each { + voting + } member of the board is entitled to
compensation and expenses as { - provided in ORS 292.495 - }
{ + determined by the board + }. { + The ex officio member is
entitled to compensation and expenses as provided under ORS
292.495. + }
SECTION 30. ORS 690.185 is amended to read:
690.185. (1) The { - Assistant Director for Health shall - }
{ + State Board of Barbers and Hairdressers may + } fix the
qualifications of and appoint an administrator for the
{ - State - } board { + . + } { - of Barbers and Hairdressers
who - } { + The administrator + } shall not be a member of the
board. { - Subject to the applicable provisions of the State
Personnel Relations Law, the assistant director - } { + The
board + } shall fix the compensation of the administrator, who
shall be in the unclassified service.
(2) The { - Assistant Director for Health shall provide the
board with - } { + board may obtain + } such services and
employees as the board requires to carry out its duties.
SECTION 31. ORS 690.235 is amended to read:
690.235. The State Board of Barbers and Hairdressers shall
establish and collect fees { - approved by the Assistant
Director for Health - } as necessary for the administration of
ORS 690.005 to 690.235 { - . No fee shall exceed the
following: - } { + , including but not limited to fees for:
(1) Certificate, license and permit applications;
(2) Issuances and renewals of:
(a) Certificates as practitioners;
(b) Facility licenses; and
(c) Independent contractor licenses;
(3) Examination for a certificate as a practitioner;
(4) Issuance of a demonstration permit;
(5) Issuance of duplicate or replacement certificates, licenses
or permits;
(6) Late renewal;
(7) Reciprocity; and
(8) Issuance of a certificate identification. + }
{ - (1) Application for a certificate, license or permit,
$15. - }
{ - (2) Issuance of an original certificate as a
practitioner, $30. - }
{ - (3) Renewal of a certificate as a practitioner, $60. - }
{ - (4) Each examination for a certificate as a practitioner,
$15. - }
{ - (5) Issuance of a demonstration permit under ORS 690.105,
$15. - }
{ - (6) Issuance of a facility license, $100. - }
{ - (7) Renewal of a facility license, $100. - }
{ - (8) Issuance of an independent contractor license,
$50. - }
{ - (9) Renewal of an independent contractor license,
$50. - }
{ - (10) Issuance of a duplicate or replacement certificate,
license or permit, $5. - }
{ - (11) Late renewal fee, $5. - }
{ - (12) Reciprocity fee, $50. - }
{ - (13) Issuance of a certificate of identification,
$50. - }
SECTION 32. ORS 690.995 is amended to read:
690.995. (1) In addition to any other penalty provided by law,
a person who violates ORS 690.015 or 690.095 or any rule adopted
under ORS 690.165 or 690.205 is subject to forfeiture and payment
of a civil penalty to the State Board of Barbers and Hairdressers
in an amount of not more than $1,000 for each offense.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(3) { + Except as the State Board of Barbers and Hairdressers
may otherwise provide pursuant to section 4 (5) of this 1999
Act, + } the moneys received by the { - State - } board
{ - of Barbers and Hairdressers - } from civil penalties under
this section shall be deposited and accounted for as are other
moneys received by the board and shall be for the administration
and enforcement of those laws the board is charged with
administering and enforcing.
{ +
THE STATE BOARD OF CHIROPRACTIC EXAMINERS + }
SECTION 33. ORS 684.040 is amended to read:
684.040. (1) Any person applying for a license to practice
chiropractic in this state shall make application to the State
Board of Chiropractic Examiners, upon such form and in such
manner as may be provided by the board. The application must be
accompanied by a nonrefundable fee { - of $150 - } { + as
determined by the board + }.
(2) Each applicant shall furnish to the board:
(a) Evidence satisfactory to the board of the applicant's good
moral character.
(b) A certificate of proficiency in the fundamental sciences
(Part I, taken subsequent to January 1, 1971) issued to the
applicant by the National Board of Chiropractic Examiners.
(c) Evidence of successful completion of at least two years of
liberal arts and sciences study, in any college or university
accredited by either the Northwest Association of Schools and
Colleges or a like regional association or in any college or
university in Oregon approved for granting degrees by the State
Scholarship Commission.
(d) A diploma and transcript, certified by the registrar, or
other documents satisfactory to the board evidencing graduation
from a chiropractic school or college approved by the board under
the board's academic standards, or from a school accredited by
the Council on Chiropractic Education or its successor agency,
under standards that are accepted and adopted biennially by the
board in the version applied to that school by the accrediting
agency.
(e) A statement of any other health care provider license in
this state held by the applicant, with identifying information
required by the board.
(3) The board may waive the requirements of subsection (2)(c)
of this section for any applicant for a license to practice
chiropractic if the applicant is licensed in another state and
practiced chiropractic in that state, but the applicant must pass
the examination authorized by ORS 684.050 or by ORS 684.052.
SECTION 34. ORS 684.050 is amended to read:
684.050. (1) Examinations for license to practice chiropractic
shall be made by the State Board of Chiropractic Examiners
according to the method deemed to be the most practicable to test
the applicant's qualifications.
(2) Each applicant shall be designated by a number instead of
by name so that the identity of the applicant will not be
disclosed to the examiners until after the papers are graded.
(3) The board shall give an examination on subjects described
in subsection (4) of this section. The board shall determine the
passing score. The applicant shall, however, be given credit for
all sections passed. The board may authorize an applicant to
retake all or part of an examination upon payment of a fee
{ - not to exceed $100 - } { + as determined by the board + }.
(4) The schedule of minimum educational requirements to enable
any person to practice chiropractic in this state includes the
basic science subjects of anatomy, physiology, chemistry,
pathology and public health and hygiene; also the clinical
subjects of physical diagnosis, differential diagnosis,
laboratory diagnosis, theory and practice of chiropractic,
nutrition and dietetics, physiotherapy, electrotherapy,
hydrotherapy, chiropractic orthopedics, written and practical
roentgenology, eye-ear-nose-throat, proctology, obstetrics and
gynecology, minor surgery, jurisprudence, psychology, office
procedure and other subjects that the board may, from time to
time, require, except internal medicine and major surgery. The
minimum number of academic hours in an approved chiropractic
college shall not be less than 4,200 or the equivalent
requirement in semester or quarter credits. The board may
recognize a national chiropractic testing agency for grades
received in both basic science and clinical subjects.
SECTION 35. ORS 684.054 is amended to read:
684.054. (1) Upon complying with ORS 684.040, and earning a
passing grade on the examination authorized by ORS 684.050 or
684.052, an applicant shall be licensed as a chiropractic
physician upon payment of a fee { - of $100 - } { + as
determined by the State Board of Chiropractic Examiners + }
unless the { - State Board of Chiropractic Examiners - } { +
board + } refuses to grant the license on grounds specified in
ORS 684.100.
(2) Every chiropractic physician shall promptly notify the
board of any change in the professional address of the
chiropractic physician.
(3) After meeting the standards of the board established under
ORS 684.155 for ancillary personnel, an applicant shall be
certified as ancillary personnel upon payment of a fee { - of
$50 - } { + as determined by the board + }. The { + board
shall establish an + } annual renewal fee for the certificate
{ - is $50 - } . In addition, the board may charge an
application fee { - of $25 - } and an examination fee { - of
$35 - } .
SECTION 36. ORS 684.060 is amended to read:
684.060. A person licensed to practice chiropractic under the
laws of any other state who demonstrates to the satisfaction of
the State Board of Chiropractic Examiners that the person
possesses qualifications at least equal to those required of
persons eligible for licensing under this chapter and who meets
the requirements of ORS 684.040 may be issued a license to
practice in this state without examination upon payment of a fee
{ - of $100 - } { + as determined by the board + }. In
addition, the board may fix the minimum number of years of
practice required to qualify for a license under this section.
SECTION 37. ORS 684.090 is amended to read:
684.090. (1) In addition to meeting the requirements of ORS
684.092, each person practicing chiropractic within this state
shall, on or before August 1 of each year after a license is
issued to the person, pay to the State Board of Chiropractic
Examiners an annual registration fee { - not to exceed
$250, - } as determined by the { - State Board of Chiropractic
Examiners and approved by the Oregon Department of Administrative
Services - } { + board + }. { - The maximum annual
registration fee for one not engaged in active practice shall not
exceed $150, as determined by the board and approved by the
Oregon Department of Administrative Services. - } A person
{ + not engaged in active practice or + } engaged in a limited
active practice shall pay to the board an annual license fee not
to exceed 75 percent of the annual active license fee. The board,
on or before July 1 of each year, shall cause to be mailed to the
last-known professional address of all licensed chiropractors in
this state a notice of the requirements of ORS 684.092 and that
the registration fee will be due on or before August 1 next
following. The annual registration fee shall be payable only by
personal, corporate or certified check or by money order. As used
in this subsection, 'limited active practice' means a practice
engaged in by a person who is over 60 years of age, has been in
practice over 25 years and meets such other requirements as
determined by the board.
(2) The failure, neglect or refusal of any person holding a
license or certificate to practice under this chapter to pay the
annual fee and to show compliance with or exemption from the
requirement of ORS 684.092 during the time the license remains in
force shall cause the license to expire after a period of 30 days
from August 1 of the year for which the failure occurs.
(3) The licenses not renewed on time shall not be renewed
except upon written application and a payment to the board of the
fee for the license category plus { - a delinquent fee of $100
for each week or portion thereof, not to exceed $500 - } { + a
delinquency fee as determined by the board + }, and upon
compliance with or exemption from the requirements of ORS
684.092. A licentiate who pays the annual renewal fee and shows
compliance or exemption within 12 months of the expiration date
of the license shall not be required to submit to an examination
for the reissuance of a license.
(4) The license of any licentiate who fails to renew the
license within one year from August 1 preceding shall be renewed
only upon written application, the payment to the board of the
annual registration fee plus one-half of that fee and successful
completion of the examination authorized under ORS 684.050.
(5) Any person whose license application was denied or whose
license has been revoked or suspended and whose license
privileges are granted or restored may receive the license for
the year in which the privilege is granted or restored upon
payment of the annual registration fee for the license category
plus one-half thereof.
SECTION 38. ORS 684.130 is amended to read:
684.130. (1) { - There is established - } The State Board of
Chiropractic Examiners { + shall operate as a semi-independent
state agency subject to sections 3 to 10 of this 1999 Act, for
purposes of carrying out this chapter + }. The board shall be
composed of five chiropractors and two public members who are
residents of this state. The chiropractor members must have
practiced chiropractic in this state for one year prior to
appointment. Annually, upon the expiration of the term of any
members of the board, the Governor shall appoint one or more
qualified persons to the board to serve for a period of three
years.
(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 39. ORS 684.160 is amended to read:
684.160. { - (1) - } A member { + of the State Board of
Chiropractic Examiners + } is entitled to compensation and
expenses as { - provided in ORS 292.495 - } { + determined by
the board + }.
{ - (2) Such per diem and mileage, and other incidental
expenses necessarily connected with the State Board of
Chiropractic Examiners shall be paid out of the account of the
State Board of Chiropractic Examiners and not otherwise. - }
SECTION 40. ORS 684.171 is amended to read:
684.171. { + Unless the State Board of Chiropractic Examiners
provides otherwise pursuant to section 4 (5) of this 1999
Act, + } all moneys received by the { - State - } board
{ - of Chiropractic Examiners - } under this chapter shall be
paid into the { - General Fund in the State Treasury and placed
to the credit of - } { + account created by + } the
{ - State - } board { - of Chiropractic Examiners Account
which is hereby established and such - } { + under section 9 of
this 1999 Act. Those + } moneys are appropriated
continuously { + to the board + } and shall be used only for the
administration and enforcement of this chapter.
{ +
STATE BOARD OF CLINICAL SOCIAL WORKERS + }
SECTION 41. ORS 675.571 is amended to read:
675.571. (1) The State Board of Clinical Social Workers shall
{ + determine and + } collect fees for application for
certification, annual renewal of certification, examination,
reexamination, licensure, annual renewal of licensure and
delinquent renewal fees.
(2) { - Such - } { + Moneys collected from + } fees
{ + described under subsection (1) of this section shall be
deposited to the account established by the board under section 9
of this 1999 Act and + } { - are to be used to defray the
expenses of the board and - } are continuously appropriated
{ - for that purpose - } { + to the board for purposes of
carrying out ORS 675.510 to 675.600 + }.
{ - (3) 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 budget of the
State Board of Clinical Social Workers, as the budget may be
modified by the Emergency Board. - }
{ - (4) - } { + (3) + } The board may impose a delinquent
renewal fee for certificates and licenses renewed after January 1
but before February 1. Applications received on or after February
1 are subject to an additional delinquent fee. However, the board
shall not treat any certificate or license as lapsed unless it is
not renewed by March 31.
{ - (5) - } { + (4) + } All fees collected under this
section are nonrefundable.
{ + (5) Except as the board may otherwise provide under
section 4 (5) of this 1999 Act, civil penalties collected under
ORS 675.510 to 675.600 shall be deposited to the account
established by the board under section 9 of this 1999 Act. + }
SECTION 42. ORS 675.590 is amended to read:
675.590. (1) { - There is established a - } { + The + }
State Board of Clinical Social Workers { - within the Health
Division - } { + shall operate as a semi-independent state
agency subject to sections 3 to 10 of this 1999 Act, for purposes
of carrying out ORS 675.510 to 675.600 + }.
(2) The Governor shall appoint seven members to the board,
consisting of members as specified in subsection (4) of this
section.
(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 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) Members are entitled to compensation and expenses as
{ - provided in ORS 292.495 - } { + determined by the
board + }.
SECTION 43. ORS 675.595 is amended to read:
675.595. In addition to the powers otherwise granted under ORS
675.510 to 675.600, the State Board of Clinical Social Workers
shall have the following powers:
(1) To determine the qualifications of applicants to practice
clinical social work in this state; to cause to have examinations
prepared, conducted and graded and to grant certificates or
licenses to qualified applicants upon their compliance with the
provisions of ORS 675.510 to 675.600 and the rules of the board.
(2) To grant or deny annual renewal of certificates or licenses
and to renew certificates and licenses that have lapsed for
nonpayment of the renewal fee, subject to the provisions of ORS
675.510 to 675.600.
(3) To suspend or revoke certificates or licenses, subject to
ORS 675.510 to 675.600.
(4) To issue letters of reprimand or to impose probationary
periods with the authority to restrict the scope of practice of a
licensed clinical social worker or clinical social work
associate.
(5) To require that a licensee practice under supervision.
(6) To require that a licensee obtain additional training in
social work.
(7) To require that a licensee undergo psychological, physical
or psychiatric assessment, enter into and remain in any
prescribed treatment program and disclose the results of the
treatment program to the board.
(8) To impose civil penalties not to exceed $1,000.
(9) To restore certificates or licenses that have been
suspended, revoked or voided by nonpayment of the renewal fee.
(10)(a) To collect annual fees for application, examination and
certification or licensing of applicants, for renewal of
certificates and licenses, and for issuance of limited
certificates { - , such fees to be used to defray the expenses
of the board as provided in ORS 675.571 - } ; and
(b) To collect delinquent renewal fees as provided in ORS
675.571 { - (4) - } .
(11) To investigate alleged violations of ORS 675.510 to
675.600.
(12) To issue subpoenas for the attendance of witnesses, take
testimony, administer oaths or affirmations to witnesses, conduct
hearings and require the production of relevant documents in all
proceedings pertaining to the duties and powers of the board.
(13) To enforce 675.510 to 675.600 and exercise general
supervision over the practice of clinical social work in this
state.
(14) To adopt a common seal.
(15) To formulate and enforce a code of professional conduct
for the practice of clinical social work giving particular
consideration to the code of ethics.
(16) To formulate and enforce continuing education requirements
for licensed clinical social workers to ensure the highest
quality of professional services to the public.
(17) To take such other disciplinary action as the board in its
discretion finds proper, including but not limited to assessment
of the costs of the disciplinary process.
{ +
THE OREGON BOARD OF LICENSED PROFESSIONAL + }
{ +
COUNSELORS AND THERAPISTS + }
SECTION 44. ORS 675.705 is amended to read:
675.705. As used in ORS 675.715 to 675.835:
(1) 'Board' means the Oregon Board of Licensed Professional
Counselors and Therapists.
{ - (2) 'Division' means the Health Division of the
Department of Human Resources. - }
{ - (3) - } { + (2) + } 'Licensed marriage and family
therapist' means a person to whom a license has been issued under
ORS 675.715.
{ - (4) - } { + (3) + } 'Licensed professional counselor'
means a person issued a license under ORS 675.715.
{ - (5) - } { + (4) + } 'Licensee' means a licensed
professional counselor or a licensed marriage and family
therapist.
{ - (6) - } { + (5) + } 'Marriage and family therapy' means
the identification and treatment of cognitive, affective and
behavioral conditions as symptoms of marital and familial
relational dysfunctions. 'Marriage and family therapy' involves
the professional application of psychotherapeutic and family
systems theories and techniques in the delivery of services to
individuals, marital pairs and families.
{ - (7) - } { + (6) + } 'Professional counseling' means
counseling services provided to individuals, couples, families,
children, groups, organizations or the general public through the
therapeutic relationship, developing understanding of personal
problems, defining goals and planning action reflecting
interests, abilities, aptitudes and needs as these relate to
problems and concerns in personal, social, educational,
rehabilitation and career adjustments. 'Professional counseling'
includes, but is not limited to:
(a) Application of counseling theories and techniques designed
to assist clients with current or potential problems and to
facilitate change in thinking, feeling and behaving.
(b) Research activities including reporting, designing,
conducting or consulting on research in counseling with human
subjects.
(c) Referral activities including the referral to other
specialists.
(d) Consulting activities which apply counseling procedures and
interpersonal skills to provide assistance in solving problems
that a client may have in relation to an individual, group or
organization.
{ - (8) - } { + (7) + } 'Registered intern' means an
applicant for licensure who is registered to obtain post-degree
supervised work experience toward licensure according to an
approved plan pursuant to ORS 675.720.
SECTION 45. ORS 675.725 is amended to read:
675.725. (1) A license issued under ORS 675.715 to 675.835 is a
one-year license. Payment of the annual license fee shall be made
on or before April 1 of each year. A charge { - of not more
than $50 - } { + as determined by the Oregon Board of Licensed
Professional Counselors and Therapists + } shall be made if the
annual license fee is more than 30 days delinquent.
(2) A licensee may renew a license by:
(a) Paying the license renewal fee within 30 days after the
renewal date;
(b) Providing proof of fulfillment of any requirements of the
{ - Oregon Board of Licensed Professional Counselors and
Therapists - } { + board + } for continuing education and
supervision; and
(c) Submitting to the board a sworn statement on a form
provided by the board certifying that there is no reason for
denial of the license renewal.
(3) A licensee whose license expires under the provisions of
subsection (1) of this section must qualify for a license in the
same manner as a person who has not previously been licensed.
(4) A licensee who holds a license issued under ORS 675.715 may
continue to practice under an expired license for a period of 30
days after expiration without being in violation of ORS 675.715.
SECTION 46. ORS 675.775 is amended to read:
675.775. (1) The Oregon Board of Licensed Professional
Counselors and Therapists { - is created in the Health Division
of the Department of Human Resources - } { + shall operate as a
semi-independent state agency subject to sections 3 to 10 of this
1999 Act, for purposes of carrying out ORS 675.715 to
675.835 + }.
(2) The board shall consist of seven members who shall be
appointed by the Governor.
{ - (3) In selecting the members of the board, the Governor
shall strive to balance the representation according to
geographic areas of this state, gender, age and ethnic group. - }
{ - (4) - } { + (3) + } 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) - } { + (4) + } 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 47. 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 183.310
to 183.550, 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 shall collect from each applicant fees set by the
board by rule. The board may charge nonrefundable fees for
{ - the following but shall not exceed the described
maximum: - }
{ - (a) The fee for license application shall not exceed
$100. - }
{ - (b) The fee for first issuance of a license shall not
exceed $100. - }
{ - (c) A renewal fee for a license shall not exceed
$100. - }
{ - (d) A late filing fee for a license renewal shall not
exceed $50. - }
{ - (e) A renewal fee for registration as an intern shall not
exceed $60. - } { + license application, issuance or renewal of
a license, late filing for license renewal and renewal of a
registration as an intern. + }
{ - (f) Fees for examinations which 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
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 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) - } { + (6) + } 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) - } { + (7) + } 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) - } { + (8) + } 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) - } { + (9) + } The board may adopt a seal to be
affixed to all licenses.
{ - (11) - } { + (10) + } 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) - } { + (11) + } 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) - } { + (12) + } 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) - } { + (13) + } 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) - } { + (14) + } The board shall establish a
program for impaired professionals to assist licensed
professional counselors and licensed marriage and family
therapists to regain or retain their licensure and impose the
requirement of participation as a condition to reissuance or
retention of the license.
SECTION 48. ORS 675.795 is amended to read:
675.795. (1) The Oregon Board of Licensed Professional
Counselors and Therapists shall meet at { - least once a year
at - } a place, time and hour determined by the board. The board
also shall meet at other times and places specified when called
by the chair of the board or by a majority of the members of the
board.
(2) A majority of the members of the board constitutes a
quorum. A majority of the members present may take action on
behalf of the board unless a different number is provided in the
rules of the board.
(3) A member of the board is entitled to compensation and
expenses as { - provided in ORS 292.495 - } { + determined by
the board + }.
(4) { - At the first meeting of each year, - } The Oregon
Board of Licensed Professional Counselors and Therapists shall
select from its members a chair and vice chair. Each officer
shall have a term of one year with duties and powers the board
determines necessary for the performance of the functions the
board assigns to the officer.
(5) In the event that the position of any officer becomes
vacant, the board shall elect from its members a replacement at
its next meeting to serve the unexpired term.
SECTION 49. ORS 675.805 is amended to read:
675.805. { + Except as the Oregon Board of Licensed
Professional Counselors and Therapists may otherwise provide
pursuant to section 4 (5) of this 1999 Act, + } all moneys
received { - by the Health Division - } under ORS 675.715 to
675.835 shall be paid into the
{ - General Fund in the State Treasury and placed to the credit
of the Health Division Account, and such - } { + account
established by the board pursuant to section 9 of this 1999 Act.
Those + } moneys are appropriated continuously { + to the
board + } and shall be used only for the administration and
enforcement of ORS 675.715 to 675.835.
{ +
THE OREGON BOARD OF DENTISTRY + }
SECTION 50. ORS 293.110 is amended to read:
293.110. (1) All payments of money into the State Treasury by
virtue of any statute providing for, creating, authorizing or
continuing any of the funds enumerated in subsection (2) of this
section shall be paid into and become a part of the General Fund.
(2) The following funds shall be a part of the General Fund:
{ - (a) Board of Dental Examiners' Fund. - }
{ - (b) - } { + (a) + } Forest Patrol Fund.
{ - (c) - } { + (b) + } Motor Vehicle Fund.
{ - (d) Oregon State Veterinary Medical Fund. - }
{ - (e) - } { + (c) + } State Institutional Betterment
Fund.
{ - (f) - } { + (d) + } Miscellaneous Receipts Account for
the State Library.
{ - (g) - } { + (e) + } State Library School Library Fund.
{ - (h) - } { + (f) + } Tumalo Maintenance Fund.
{ - (i) - } { + (g) + } Administrative Services Economic
Development Fund.
{ - (j) - } { + (h) + } All other funds created by law that
are not trust funds.
SECTION 51. ORS 679.050 is amended to read:
679.050. (1) If a reputable and duly licensed practitioner in
dentistry of another state is asked to appear and demonstrate,
receive or give instruction in the practice of dentistry before
any qualified dental college or dental organization or dental
study group recognized by the Oregon Board of Dentistry, the
{ - secretary - } { + administrator + } of the board shall
issue on written request of an authorized officer of such college
or dental organization or dental study group, without fee, a
permit for such purpose. A permit shall be issued upon such terms
as the board shall prescribe.
(2) If a reputable and duly licensed practitioner in dentistry
of another state has been granted staff privileges, either
limited, special or general, by any duly licensed hospital in
this state, the { - secretary - } { + administrator + } of
the board shall issue on written request and verification of an
authorized officer of such hospital, a permit for such
nonresident practitioner to practice dentistry in said hospital.
SECTION 52. ORS 679.120 is amended to read:
679.120. (1) The Oregon Board of Dentistry may impose
application fees for the following:
(a) Examinations, which may differ for general dentistry,
foreign school graduate and specialty examinations.
(b) Biennial dentist license, active.
(c) Biennial dentist license, inactive.
(d) Permits and certificates.
(e) Delinquency.
{ - (2) 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 and ORS 680.075 shall not exceed
the costs of administering the regulatory program of the board,
as authorized by the Legislative Assembly within the board
budget, as the budget may be modified by the Emergency Board. - }
{ - (3)(a) - } { + (2)(a) + } The board may waive the
payment of the license fee in the case of any licensee who
furnishes satisfactory evidence that the licensee has
discontinued the actual practice of dentistry because of
retirement.
(b) Application to reinstate a license retired under paragraph
(a) of this subsection or to convert an inactive status license
to an active status license shall be made in accordance with the
rules of the board and with the submission of the license fee
prescribed for such license; provided, however, that if more than
one year has expired since the license was retired or
inactivated, satisfactory evidence of operative competence must
be submitted to the board.
{ - (4) - } { + (3) + } Every dentist shall advise the
board within 30 days of any change of address.
{ - (5) - } { + (4) + } Each dentist must renew the
dentist's license every two years through submitting a renewal
application and paying the license fee.
{ - (6) - } { + (5) + } Dentists licensed in even-numbered
years must renew by March 31 of each even-numbered year. Dentists
licensed in odd-numbered years must renew by March 31 of each
odd-numbered year.
{ - (7) - } { + (6) + } A reasonable charge may be made in
the event that the license fee or renewal application is more
than 10 days delinquent.
{ - (8) - } { + (7) + } Fees paid are not refundable.
SECTION 53. ORS 679.130 is amended to read:
679.130. In case of default in payment of the biennial fee by
any licensee, the license shall be revoked by the Oregon Board of
Dentistry upon 20 days' notice given to the licensee at the time
and place of considering such revocation. A certified letter
addressed to the last-known address of the licensee failing to
comply with the requirements is sufficient notice. Any license so
revoked may be reinstated within one year after the date of
revocation upon payment to the board of any unpaid fees for such
intervening year, plus a penalty { - of $100 - } { + as
determined by the board + }, but no license shall be revoked for
nonpayment if the licensee so notified pays, before or at the
time of such consideration, the fee required and such penalty
{ - , not to exceed $100, - } as may be imposed by the board.
SECTION 54. ORS 679.230 is amended to read:
679.230. { + (1) + } The Oregon Board of Dentistry { - in
the Health Division - } { + shall operate as a semi-independent
state agency subject to sections 3 to 10 of this 1999 Act, for
purposes of carrying out the provisions of this chapter and ORS
680.010 to 680.205.
(2) The board + } shall consist 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 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. Terms of
office begin on the first Monday of April after the time of
appointment.
{ + (3) + } 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 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 are entitled to compensation and expenses
as
{ - provided in ORS 292.495 - } { + determined by the
board + }.
SECTION 55. ORS 679.260 is amended to read:
679.260. (1) { + Except as the Oregon Board of Dentistry may
otherwise provide pursuant to section 4 (5) of this 1999 Act, or
as provided under subsection (2) of this section, + }all moneys
received { - by the Health Division - } under this chapter
shall be paid into the { - General Fund in the State Treasury
and placed to the credit of the Health Division Account and
such - } { + account established by the board pursuant to
section 9 of this 1999 Act. Those + } moneys hereby are
appropriated continuously { + to the board + } and shall be used
only for the administration and enforcement of ORS 680.010 to
680.205 and this chapter.
(2) All fines imposed and collected under this chapter shall be
paid into the treasury of the county in which the suits, actions
or proceedings were commenced. All money thus paid into the
treasury, over and above the amount necessary to reimburse the
county for any expense incurred by the county, in any suit,
action or proceeding brought under this chapter, shall be paid
before January 1 of each year, into the { - State Treasury and
placed to the credit of the Health Division Account - } { +
account described in subsection (1) of this section + } and such
moneys hereby are continuously appropriated and shall be used
only for the administration and enforcement of ORS 680.010 to
680.205 and this chapter.
(3) Ten percent of the annual license fee to be paid by each
licensee of the Oregon Board of Dentistry shall be used by the
board to { - insure - } { + ensure + } the continued
professional competence of licensees. Such activities shall
include the development of performance standards and professional
peer review.
SECTION 56. ORS 680.075 is amended to read:
680.075. (1) The Oregon Board of Dentistry may impose
application fees for the following:
(a) Examinations;
(b) Biennial dental hygiene license, active;
(c) Biennial dental hygiene license, inactive;
(d) Permits and certificates; and
(e) Delinquency.
{ - (2) 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 and ORS chapter 679 shall not
exceed the costs of administering the regulatory program of the
board as authorized by the Legislative Assembly within the board
budget, as the budget may be modified by the Emergency Board. - }
{ - (3)(a) - } { + (2)(a) + } The board may waive the
payment of the license fee in the case of any licensee who
furnishes satisfactory evidence that the licensee has
discontinued the actual practice of dental hygiene because of
retirement.
(b) Application to reinstate a license retired under paragraph
(a) of this subsection or to convert an inactive status license
to an active status license shall be made in accordance with the
rules of the board and with the submission of the license fee
prescribed for such license; provided, however, that if more than
one year has expired since the license was retired or
inactivated, satisfactory evidence of clinical competence must be
submitted to the board.
{ - (4) - } { + (3) + } Every dental hygienist shall advise
the board within 30 days of any change of address.
{ - (5) - } { + (4) + } Each dental hygienist must renew
the hygienist's license every two years through submitting a
renewal application and paying the license fee.
{ - (6) - } { + (5) + } Dental hygienists licensed in
even-numbered years must renew by September 30 of each
even-numbered year. Dental hygienists licensed in odd-numbered
years must renew by September 30 of each odd-numbered year.
{ - (7) - } { + (6) + } A reasonable charge may be made in
the event that the license fee or renewal application is more
than 10 days delinquent.
{ - (8) - } { + (7) + } Fees paid are not refundable.
SECTION 57. ORS 680.080 is amended to read:
680.080. In case of default in the payment of the biennial fee
by any licensee, the license shall be revoked by the Oregon Board
of Dentistry upon 20 days' notice given to the licensee of the
time and place of considering such revocation. A certified letter
addressed to the last-known address of the licensee failing to
comply with the requirement is sufficient notice. Any license so
revoked may be reinstated within one year after the date of
revocation upon payment to the board of any unpaid fees for such
intervening year, plus a penalty { - of $50 - } { + as
determined by the board + }, but no license shall be revoked for
nonpayment if the licensee so notified pays, before or at the
time of such consideration, the fee required and such penalty
{ - , not to exceed $50, - } as may be imposed by the board.
{ +
THE STATE BOARD OF DENTURE TECHNOLOGY + }
SECTION 58. ORS 676.160 is amended to read:
676.160. As used in ORS 676.165 to 676.180, 'health
professional regulatory board' means the:
(1) State Board of Examiners for Speech-Language Pathology and
Audiology;
(2) State Board of Chiropractic Examiners;
(3) State Board of Clinical Social Workers;
(4) Oregon Board of Licensed Professional Counselors and
Therapists;
(5) Oregon Board of Dentistry;
(6) State Board of Denture Technology { - , and the Health
Division of the Department of Human Resources to the extent that
the division regulates the practice of denture technology - } ;
(7) Board of Examiners of Licensed Dietitians;
(8) State Board of Massage Technicians;
(9) State Mortuary and Cemetery Board;
(10) Board of Naturopathic Examiners;
(11) Oregon State Board of Nursing;
(12) Board of Examiners of Nursing Home Administrators;
(13) Oregon Board of Optometry;
(14) State Board of Pharmacy;
(15) Board of Medical Examiners;
(16) Occupational Therapy Licensing Board;
(17) Physical Therapist Licensing Board;
(18) State Board of Psychologist Examiners;
(19) Board of Radiologic Technology;
(20) Oregon State Veterinary Medical Examining Board; and
(21) Health Division of the Department of Human Resources to
the extent that the division certifies emergency medical
technicians.
SECTION 59. ORS 680.500 is amended to read:
680.500. As used in ORS 680.500 to 680.572, unless the context
requires otherwise:
(1) 'Board' means the { - policy-making body known as the - }
State Board of Denture Technology.
(2) 'Denture' means any removable full upper or lower
prosthetic dental appliance to be worn in the human mouth.
(3) 'Denturist' means a person licensed under ORS 680.500 to
680.572 to engage in the practice of denture technology.
{ - (4) 'Division' means the Health Division of the
Department of Human Resources. - }
{ - (5) - } { + (4) + } 'Practice of denture technology'
means:
(a) Constructing, repairing, relining, reproducing,
duplicating, supplying, fitting or altering any denture in
respect of which a service is performed under paragraph (b) of
this subsection; and
(b) The taking of impressions, bite registrations, try-ins, and
insertions of or in any part of the human oral cavity for any of
the purposes listed in paragraph (a) of this subsection.
SECTION 60. ORS 680.510 is amended to read:
680.510. The prohibitions of ORS 680.500 to 680.572 do not
apply to:
(1) Any activity described in ORS 680.500 { - (5)(a) - }
{ + (4)(a) + } by a person acting under the supervision of a
denturist.
(2) The practice of dentistry or medicine by persons authorized
to do so by this state, or any other practices allowed under ORS
chapters 677 and 679.
(3) A student of denture technology in pursuit of clinical
studies under an approved school program, or a person having met
the formal educational requirements, who is operating, for no
more than two years, under the direct supervision of a denturist
or a licensed dentist in pursuit of practical clinical experience
as required for licensure by ORS 680.515 (1)(a) or (b).
SECTION 61. ORS 680.515 is amended to read:
680.515. (1) Upon application, accompanied by the fee
established by the State Board of Denture Technology, the
{ - Health Division - } { + board + } shall grant a license to
practice denture technology to any applicant who:
(a) Furnishes satisfactory evidence that the applicant has
successfully completed an associate degree program in denture
technology, or the equivalent in formal, post-secondary
education, approved by the { - Health Division - } { +
board + } in consultation with the State Scholarship Commission
and the Department of Education. The educational program shall
include pertinent courses in anatomy, including histology,
microbiology, physiology, pharmacology, pathology emphasizing
periodontology, dental materials, medical emergencies,
geriatrics, professional ethics, clinical denture technology and
denture laboratory technology;
(b) Furnishes satisfactory evidence that the applicant has
successfully completed, during or after post-secondary study, a
minimum of 1,000 hours in the practice of denture technology
under direct supervision of an approved school or has completed
the equivalent supervised experience, as determined by the
{ - Health Division - } { + board + } in consultation with the
State Scholarship Commission and the Department of Education; and
(c) Performs to the satisfaction of the division on a written
and a practical examination prescribed by the board and given at
least annually between June 15 and August 15. An applicant who
fails the practical examination must complete an additional 1,000
hours of clinical and laboratory training in an approved work
experience program, as determined by the board, to qualify for
reexamination.
(2) Notwithstanding subsection (1)(a) of this section, the
board may accept educational training obtained in any other state
or country if, upon review of satisfactory evidence, the
{ - division - } { + board + } determines that the
educational program in the other state or country meets the
educational standards prescribed under this section.
SECTION 62. ORS 680.525 is amended to read:
680.525. { - (1) - } The State Board of Denture Technology
shall determine fees { - , subject to the approval of the
Assistant Director for Health, - } for the following:
{ - (a) - } { + (1) + } Application;
{ - (b) - } { + (2) + } Examinations;
{ - (c) - } { + (3) + } License;
{ - (d) - } { + (4) + } License renewal;
{ - (e) - } { + (5) + } License restoration;
{ - (f) - } { + (6) + } Replacement or duplicate license;
and
{ - (g) - } { + (7) + } Delinquency.
{ - (2) The fees established under ORS 680.500 to 680.572
shall not exceed the costs of administering the regulatory
program of the board as authorized by the Legislative Assembly
for the board budget, as modified by the Emergency Board or
future sessions of the Legislative Assembly. - }
SECTION 63. ORS 680.530 is amended to read:
680.530. (1) All licenses issued under ORS 680.500 to 680.572
expire on June 30 following the date of issuance, unless renewed
on or before the expiration date by payment of the required
renewal fee and submission of satisfactory evidence of completion
of continuing education courses as specified by rule.
(2) A license that has expired less than one year before the
date of application for renewal may be renewed upon application
therefor and payment of the required renewal fee and delinquency
fee and upon submission of satisfactory evidence of completion of
continuing education as specified by rule.
(3) A license that has expired more than one year before the
date of application for renewal but less than three years may be
renewed upon application therefor and payment of the required
renewal fee and restoration fee and upon submission of
satisfactory evidence of completion of continuing education as
specified by rule.
(4) A license that has expired more than three years before the
date of application for renewal may be reinstated upon
application therefor, payment of the prescribed license fee and
submission of evidence satisfactory to the State Board of Denture
Technology of clinical competence as determined by rule.
(5) The { - Health Division - } { + board + } may refuse to
grant or renew the license of a denturist whose license has been
denied, suspended or revoked and not renewed under ORS 680.535
for up to one year from the date of denial of the license or the
renewal or the date of the order of suspension or revocation.
SECTION 64. ORS 680.535 is amended to read:
680.535. In the manner prescribed in ORS 183.310 to 183.550 for
contested cases, the { - Health Division - } { + State Board
of Denture Technology + } shall refuse to issue, suspend or
revoke a license, or shall place a licensed person on probation
for a period specified by the division for any of the following
causes:
(1) Conviction of crime where such crime bears a demonstrable
relationship to the practice of denture technology.
(2) Incompetence or gross negligence in the practice of denture
technology.
(3) Fraud or misrepresentation in the practice of denture
technology or in the admission of such practice.
(4) Use of any narcotic or dangerous drug or intoxicating
liquor to an extent that such use impairs the ability to conduct
safely the practice of denture technology.
(5) Violation of any provision of ORS 680.500 to 680.572 or
rules adopted thereunder.
(6) Use of any advertising statements of a nature that would
deceive or mislead the public or that are untruthful.
SECTION 65. ORS 680.540 is amended to read:
680.540. The { - Health Division - } { + State Board of
Denture Technology + } shall investigate complaints made
regarding the practice of denture technology and may revoke the
license issued under ORS 680.500 to 680.572 in the manner
prescribed in ORS 183.310 to 183.550 for a contested case.
SECTION 66. ORS 680.542 is amended to read:
680.542. (1) Upon receipt of a complaint under ORS 680.500 to
680.572, the { - Health Division of the Department of Human
Resources - } { + State Board of Denture Technology + } shall
conduct an investigation as described under ORS 676.165.
(2) Information that the { - division - } { + board + }
obtains as part of an investigation into denturist licensee or
applicant conduct or as part of a contested case proceeding,
consent order or stipulated agreement involving denturist
licensee or applicant conduct is confidential as provided under
ORS 676.175.
SECTION 67. ORS 680.545 is amended to read:
680.545. (1) Denturists shall not treat any person without
having first received a statement, dated within 30 days of the
date of treatment and signed by a dentist or a physician, that
such person's oral cavity is substantially free from disease and
mechanically sufficient to receive a denture.
(2) Notwithstanding subsection (1) of this section, statements
from a dentist or physician are not required:
(a) For the purpose of repairing a denture;
(b) For the purpose of relining a denture;
(c) For the purpose of replacing a denture fitted within the
prior year; or
(d) If the denturist providing the work has successfully
completed special training in oral pathology prescribed by the
{ - Health Division - } { + State Board of Denture
Technology + } whether as part of an approved associate degree
program or equivalent training and the person has applied for and
received an oral pathology indorsement.
(3) To qualify for an oral pathology indorsement, a denturist
who is not described in subsection (2)(d) of this section must
successfully complete special training or the equivalent and pass
an examination prescribed by the { - State Board of Denture
Technology - } { + board + } in consultation with the State
Scholarship Commission.
SECTION 68. ORS 680.550 is amended to read:
680.550. The State Board of Denture Technology shall establish
policies and criteria for the assessment of the quality of the
practice of denture technology based on practice standards
{ - subject to the approval of the Health Division - } { +
determined by the board + }.
SECTION 69. ORS 680.556 is amended to read:
680.556. (1) { - There is established, within the Health
Division of the Department of Human Resources, - } The State
Board of Denture Technology { + shall operate as a
semi-independent state agency subject to sections 3 to 10 of this
1999 Act, for purposes of carrying out the provisions of ORS
680.500 to 680.572 + }.
(2) The board shall consist of seven members appointed by the
Assistant Director for Health.
(3) Four members shall be active licensed denturists, one
member shall be an Oregon licensed dentist in active practice and
two members shall be public members who do not possess the
professional qualifications of other members.
(4) The term of office of each member is three years, but a
member serves at the pleasure of the Assistant Director for
Health. Before the expiration of the term of a member, the
assistant director 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 assistant director shall
make an appointment to become immediately effective for the
unexpired term.
{ - (5) The Assistant Director for Health shall provide the
board with such administrative services and employees as the
board requires to carry out its duties for the administration of
ORS 680.500 to 680.572 and 680.990 (2). - }
{ - (6) - } { + (5) + } The { - Health Division - }
{ + board + } shall not prescribe minimum educational or
training requirements in excess of those specified in ORS
680.515.
{ - (7) - } { + (6) + } Members of the board, or its
appointed committees, shall be entitled to compensation and
expenses as { - provided in ORS 292.495 from funds available
under ORS 680.570 - } { + determined by the board + }.
SECTION 70. ORS 680.560 is amended to read:
680.560. (1) The State Board of Denture Technology shall hold a
meeting at { - least once each year - } { + times and places
determined by the board + } and shall annually elect a
chairperson from its members.
(2) { - The Assistant Director for Health or a representative
appointed by the assistant director from the staff of the Health
Division shall serve without voting rights as administrator to
the board. - } { + The board may hire an administrator and
determine the qualifications and compensation therefor. + } The
administrator
{ - shall - } { + may + } keep records of the transactions of
the board and have custody of the records, documents and other
related property.
(3) At the direction of the board, all other ministerial
functions associated with carrying on the duties, functions and
powers of the board, including, but not limited to, secretarial,
clerical, investigative and fiscal, shall be performed by the
administrator, or by employees of the { - Health Division under
the direction of the Assistant Director for Health - } { +
board + }.
SECTION 71. ORS 680.565 is amended to read:
680.565. (1) The { - Health Division - } { + State Board of
Denture Technology + } has such authority as is reasonably
necessary to administer ORS 680.500 to 680.572 and 680.990 (2),
including the authority to adopt rules pursuant to ORS 183.310 to
183.550.
(2) The administrator { + , if any, + } shall keep a record of
all proceedings of the { - State Board of Denture
Technology - } { + board + } including a register of all
persons licensed to practice denture technology.
(3) When the { - division - } { + board + } is satisfied
that the applicant for licensure under ORS 680.500 to 680.572 has
complied with all the requirements, it shall issue to such
applicant an appropriate license under ORS 680.500 to 680.572.
SECTION 72. ORS 680.567 is amended to read:
680.567. (1) If the State Board of Denture Technology
determines that a person has engaged in an activity that is in
violation of any provision of ORS 680.500 to 680.572, { - at
the direction of the board, the Health Division, without
bond, - } { + the board + } may institute a proceeding in an
appropriate circuit court to restrain the activity.
(2) A court may issue an injunction under this section. An
injunction issued under this section does not relieve a person
from any prosecution or { - division - } { + board + } action
taken for violation of ORS 680.500 to 680.572.
SECTION 73. ORS 680.570 is amended to read:
680.570. { + Except as the State Board of Denture Technology
may provide pursuant to section 4 (5) of this 1999 Act, + } all
moneys received by the { - Health Division - } under ORS
679.025 { - , - } { + and + } 680.500 to 680.572 { - and
743.713 - } shall be paid into the { - General Fund in the
State Treasury and placed to the credit of the Health Division
Account, and such - } { + account established by the board
under section 9 of this 1999 Act. Those + } moneys hereby are
appropriated continuously and shall be used only for the
administration and enforcement of ORS 679.025, 680.500 to
680.572, 680.990 (2) and 743.713.
SECTION 74. ORS 680.572 is amended to read:
680.572. (1) In addition to any other penalty provided by law,
a person who violates ORS 680.500 to 680.572 or any rule adopted
thereunder shall be subject to a civil penalty imposed by the
{ - Health Division - } { + State Board of Denture
Technology + }. The
{ - division - } { + board + } may take any other
disciplinary action at its discretion that it finds proper,
including assessment of costs of the disciplinary proceedings and
assessment of penalties not to exceed $5,000.
(2) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.090.
(3) The moneys received by the { - State Board of Denture
Technology - } { + board + } from civil penalties under this
section shall be deposited and accounted for as are other moneys
received by the board and shall be used for the administration
and enforcement of the laws the board is charged with
administering and enforcing.
{ +
THE BOARD OF EXAMINERS OF LICENSED DIETITIANS + }
SECTION 75. ORS 691.405 is amended to read:
691.405. As used in ORS 691.405 to 691.585:
(1) 'American Dietetic Association' means the national
professional organization of dietitians that provides direction
and leadership for quality dietetic practice, education and
research.
(2) 'Board' means the Board of Examiners of Licensed Dietitians
{ - established under ORS 691.485 - } .
(3) 'Commission on Dietetic Registration' means the commission
on dietetic registration that is a member of the National
Commission for Health Certifying Agencies.
(4) 'Dietetics practice' means the integration and application
of principles derived from the sciences of nutrition,
biochemistry, food, management, physiology and behavioral and
social sciences to achieve and maintain the health of people
through:
(a) Assessing the nutritional needs of clients;
(b) Establishing priorities, goals and objectives that meet
nutritional needs of clients;
(c) Advising and assisting individuals or groups on appropriate
nutritional intake by integrating information from a nutritional
assessment with information on food and other sources of
nutrients and meal preparation; and
(d) Evaluating, making changes in and maintaining appropriate
standards of quality in food and nutrition services.
{ - (5) 'Division' means the Health Division of the
Department of Human Resources. - }
{ - (6) - } { + (5) + } 'Licensed dietitian' means a
dietitian licensed as provided in ORS 691.435.
SECTION 76. ORS 691.465 is amended to read:
691.465. (1) The Board of Examiners of Licensed Dietitians
shall issue a license with a duration of not more than two years
to each person approved to be licensed. The license shall be
prima facie evidence of the right of the person to whom it is
issued to represent the person as a licensed dietitian subject to
the provisions of ORS 691.405 to 691.585.
(2) Each licensed dietitian shall apply to the board for a
renewal of the license at least 30 days before the expiration
date. Licenses shall expire October 31 of odd-numbered years.
Each applicant for renewal shall submit the required fee and
present evidence of completion of at least 30 hours of continuing
education or present evidence of the minimum continuing education
requirements of the American Dietetic Association. Any license
that is not renewed by the expiration date shall be automatically
suspended. The board may reinstate a suspended license upon
payment of a nonrefundable penalty fee and all past unpaid
renewal fees.
(3) The license fee shall be one-half the two-year fee if the
license is issued for 12 months or less.
(4) A license that has been suspended by reason of nonpayment
of fees for a period of two years or more shall be renewed upon
reapplication and payment of all applicable fees.
{ - (5) 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 for which the fee or charge
is established, as authorized by the Legislative Assembly within
the board's budget to implement ORS 691.405 to 691.585, as the
budget may be modified by the Emergency Board. - }
SECTION 77. ORS 691.485 is amended to read:
691.485. (1) { - There is established a - } { + The + }
Board of Examiners of Licensed Dietitians { - within the Health
Division - } { + shall operate as a semi-independent state
agency subject to sections 3 to 10 of this 1999 Act, + } for the
purpose of carrying out and enforcing the provisions of ORS
691.405 to 691.585.
(2) The board shall consist of seven members appointed by the
{ - Health Division - } { + Assistant Director for Health + }
of which:
(a) Two are members of the general public;
(b) One is a physician trained in clinical nutrition; and
(c) Four are dietitians licensed under ORS 691.405 to 691.585
who have been engaged in the practice of dietetics for no fewer
than five years.
(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.
(4) Members of the board are entitled to compensation and
expenses as { - provided in ORS 292.495 - } { + determined by
the board + }.
SECTION 78. ORS 691.495 is amended to read:
691.495. (1) The Board of Examiners of Licensed Dietitians
shall hold { - at least two regular - } meetings { - each
year - } as provided by rules adopted by the board.
(2) The board shall keep a record of all its proceedings under
ORS 691.405 to 691.585.
(3) A quorum of four members of the board must be present to
conduct the business of the meeting.
SECTION 79. ORS 691.505 is amended to read:
691.505. The Board of Examiners of Licensed Dietitians shall:
(1) { + Have authority to + } hire and prescribe the duties of
an
{ - executive secretary - } { + administrator + } who shall
serve at the direction of the board.
(2) Determine the qualifications and fitness of applicants for
licensure, renewal of license and reciprocal licenses.
(3) Subject to the provisions of ORS 183.310 to 183.550, adopt
rules that are necessary to conduct its business, carry out its
duties and administer ORS 691.405 to 691.585.
(4) 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) 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) 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) Select a licensing examination offered by the Commission on
Dietetic Registration or other examination.
(8) Establish continuing education requirements for renewal of
a license consistent with the requirements adopted by the
Commission on Dietetic Registration.
(9) Establish additional educational requirements for
applicants for the previous five years of licensure.
(10) 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) Provide for examinations or waiver of examination for
applicants.
(12) Establish examination and licensing fees.
(13) Request and receive the assistance of state educational
institutions or other state agencies.
(14) 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 80. ORS 691.565 is amended to read:
691.565. (1) All moneys received { - by the Health
Division - } { + the Board of Examiners of Licensed Dietitians
+ }under ORS 691.405 to 691.585 { + and 691.955 + } shall be
deposited into the { - General Fund and placed to the credit of
the Health Division, and such - } { + account established by
the board under section 9 of this 1999 Act. Those + } moneys
{ + are continuously appropriated to the board and + } shall be
used only for the administration and enforcement of ORS 691.405
to 691.585.
(2) { + Except as the board may otherwise provide under
section 4 (5) of this 1999 Act, + } all { - fines - } { +
penalties + } collected or received for violations of or
prosecutions under ORS { - 691.405 to 691.585 - } { +
691.955 + } shall be paid into the { - General Fund and placed
for the credit of the Health Division Account, and such moneys
shall be - } { + account described in subsection (1) of this
section and are + } continuously appropriated { - and used
only - } { + to the board + } for the administration and
enforcement of ORS 691.405 to 691.585.
{ +
THE OREGON BOARD OF INVESTIGATORS + }
SECTION 81. ORS 703.475 is amended to read:
703.475. (1) { - There is established an - } { + The + }
Oregon Board of Investigators { + shall operate as a
semi-independent state agency subject to sections 3 to 10 of this
1999 Act, for purposes of carrying out the provisions of ORS
703.401 to 703.490, 703.993 and 703.995 + }. The board shall
consist of five members appointed by the Governor for a term of
four years. The members shall serve at the pleasure of the
Governor. All appointments of members of the board are subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565.
(2) Three of the members of the board shall be investigators
licensed under ORS 703.430, one member shall be a representative
of the law enforcement community who is not a licensed
investigator or registered operative and one member shall be a
representative of the general public.
(3) 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
Constitution of Oregon. The oath shall be filed with the
Secretary of State.
(4) Before the expiration of the term of a member, the Governor
shall appoint a successor to assume the duties on January 1 next
following. In case of a vacancy for any cause, the Governor shall
make an appointment to become effective immediately for the
unexpired term.
(5) Each member of the board is entitled to { + compensation
and + } reimbursement of { - travel - } expenses { - in
accordance with ORS 292.495 (2) - } { + as determined by the
board + }.
SECTION 82. ORS 703.480 is amended to read:
703.480. The Oregon Board of Investigators shall:
(1) Organize and elect from its membership a president and vice
president of the board;
(2) Adopt and use a common seal;
(3) Adopt rules necessary for the administration of ORS 703.401
to 703.490, 703.993 and 703.995, in accordance with ORS 183.325
to 183.410;
(4) Determine the qualifications of investigators and
operatives;
(5) Investigate alleged violations of ORS 703.401 to 703.490,
703.993 and 703.995 and of any rules adopted by the board;
(6) Prescribe and collect fees for application, licensing and
registration, renewal of licenses and registrations and issuance
of identification cards { + ; + } { - . Fees established shall
not exceed the cost of administering the program of the board for
which the fee was established; - }
(7) Administer or approve the test of professional
investigative ethics;
(8) Formulate a code of professional ethics to be followed by
investigators and operatives;
(9) Establish requirements for professional education;
(10) Authorize all necessary disbursements to carry out the
provisions of ORS 703.401 to 703.490, 703.993 and 703.995,
including but not limited to payment for necessary supplies and
office equipment, payment for legal and investigative services
rendered to the board and such other expenditures as are provided
for in ORS 703.401 to 703.490, 703.993 and 703.995;
(11) Employ such persons as are necessary for the investigation
and prosecution of alleged violations, for the enforcement of
{ - this Act - } { + ORS 703.401 to 703.490, 703.993 and
703.995 + } and for such other purposes as the board may require.
All obligations for salaries and expenses incurred by the board
shall be paid from the fees accruing to the board under ORS
703.401 to 703.490, 703.993 and 703.995 and not otherwise;
(12) Meet for the transaction of business at the call of the
president. A majority of the members constitutes a quorum for the
transaction of business and 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;
(13) Keep an accurate record of all proceedings of the board
and of all of its meetings, of all investigations of licensees
and registrants, and of all examinations held for applicants for
licenses or registrations, with the names and addresses of all
persons taking examinations and their scores. All records shall
be kept in the office of the board. All of the records of the
board shall be public. However, investigator or operative client
files obtained by the board are exempt from disclosure under ORS
192.410 to 192.505 unless the public interest requires disclosure
in the particular instance;
(14) Keep an accurate inventory of all property of the board,
and of this state that is in the possession of the board, with
receipts issued from prior possessors;
(15) Keep a register of investigators and operatives, which
shall contain the names and addresses of all persons to whom
licenses or registrations have been issued, together with the
date of the issuance and the place of business for each
investigator or operative, and all renewals, revocations and
suspensions for each investigator or operative; and
(16) Impose civil penalties in accordance with ORS 703.995.
SECTION 83. ORS 703.485 is amended to read:
703.485. (1) The Oregon Board of Investigators may appoint an
administrator, whose salary shall be { - provided by law or
fixed by the Governor - } { + determined by the board + }.
(2) The administrator { + , if any, + } shall keep all records
of the board and discharge such other duties as the board from
time to time prescribes.
(3) The administrator { + , if any, + } shall appoint all
subordinate officers and employees of the board, prescribe their
functions and fix their compensation, in accordance with
applicable laws relating to state personnel.
SECTION 84. ORS 703.490 is amended to read:
703.490. (1) { - There is created an Oregon Board of
Investigators Account in the General Fund of the State
Treasury. - } All moneys received by the Oregon Board of
Investigators under ORS 703.401 to 703.490, 703.993 and 703.995
shall be paid into the
{ - General Fund in the State Treasury and credited to the - }
account { + created by the board pursuant to section 9 of this
1999 Act + }. All moneys in the account are continuously
appropriated to the
{ - Oregon - } board { - of Investigators - } to be used
only for the expenses of administration and enforcement of ORS
703.401 to 703.490, 703.993 and 703.995.
(2) { + Except as the board may otherwise provide under
section 4 (5) of this 1999 Act, + } all fines and civil penalties
collected or received for violations under ORS 181.871, 703.401
to 703.490, 703.993 and 703.995 shall be paid to the
{ - General Fund - } { + account described in subsection (1)
of this section + }.
{ +
THE STATE LANDSCAPE CONTRACTORS BOARD + }
SECTION 85. ORS 671.570 is amended to read:
671.570. Each person applying for a landscape contractor's
license shall pay to the State Landscape Contractors Board the
fee required by ORS 671.650 and:
(1) Pass an examination, which shall be offered at least once
each six months by the board to determine the fitness of the
applicant for licensing and have:
(a) Within 10 years before the day the application for a
license is made, at least:
(A) Twenty-four months of employment with a landscape
contractor; or
(B) Twelve months of employment with a landscape contractor and
one full year of training in an area related to landscaping at an
accredited school or college; or
(b) Proven to the satisfaction of the board by test and
experience that the applicant is qualified.
(2) Be employed by a landscaping business if performing
landscaping work.
(3) Pay a nonrefundable examination fee { - not to exceed
$50 - } { + as determined by the board + }.
SECTION 86. ORS 671.630 is amended to read:
671.630. (1) The State Landscape Contractors Board { - is
established - } { + shall operate as a semi-independent state
agency subject to sections 3 to 10 of this 1999 Act, for purposes
of carrying out the provisions of ORS 671.510 to 671.710, 671.720
and 671.990 + }. The board shall consist of seven members
appointed by the Governor, { - who shall make appointments from
all segments of the landscape contracting industry, - } at least
two of whom shall be public members.
(2) The function of the board established by this section, in
addition to the functions prescribed by law, shall be to counsel
and advise the Governor in the administration and enforcement of
ORS 671.510 to 671.710.
SECTION 87. ORS 671.650 is amended to read:
671.650. (1) The annual landscape contractor's license fees
{ + and annual landscaping business fee + } shall be
established by the State Landscape Contractors Board { - and
shall not exceed $50 - } .
{ - (2) The annual landscaping business fee shall not exceed
$125. - }
{ - (3) - } { + (2) + } The license fee for an out-of-state
landscaping business operating in Oregon shall be the same as for
an Oregon landscaping business { - as provided in subsection
(2) of this section - } .
SECTION 88. ORS 671.660 is amended to read:
671.660. (1) The fee for renewal of a license issued under ORS
671.510 to 671.710 shall be paid annually on or before the last
day of the month of the anniversary of issuance.
(2) A person who has been previously licensed under ORS 671.510
to 671.710 and whose license has expired shall not be issued
another license except upon written application to the State
Landscape Contractors Board with the required annual fee plus a
penalty fee { - not to exceed $25 - } { + as determined by
the board + }.
(3) If a license lapses for two years or more, the individual
or business must reapply as for initial issuance of the license.
(4) When a business renews its license it must submit the names
of all employees who are licensed contractors.
(5) When a person renews a landscape contractor license, the
person must submit the name of the employer if the person is
currently performing landscaping work.
SECTION 89. ORS 671.720 is amended to read:
671.720. (1) Except as provided in subsection (4) of this
section, any person who violates any provision of ORS 671.510 to
671.710 or any rule adopted thereunder shall forfeit and pay into
the { - General Fund of the State Treasury - } { + account
created by the State Landscape Contractors Board under section 9
of this 1999 Act, + } a civil penalty in an amount determined by
the { - State Landscape Contractors - } board of not more than
$2,000 for each offense. { + However, pursuant to section 4 (5)
of this 1999 Act, + } the board may { - retain 20 percent of
the funds collected under this section which shall be
continuously appropriated for the board's costs of collection of
civil penalties - } { + otherwise provide for the disposition
of moneys collected from civil penalties + }.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(3) The provisions of this section are in addition to and not
in lieu of any other penalty or sanction provided by law.
(4) Penalties shall be imposed for violation of ORS 671.610 (6)
on both the person to whom the contract is awarded and the person
who awards the contract as follows:
(a) A { - fine - } { + penalty + } not less than $500 nor
more than $1,000 for the first offense;
(b) A { - fine - } { + penalty + } not less than $1,000 nor
more than $2,000 for the second offense;
(c) Suspension of license for six months for a third offense;
and
(d) Revocation of license for three years for a fourth offense.
(5) The board shall provide by rule a process and criteria that
must be met for restoration of a license that has been revoked.
(6) If at any time following restoration of the license of a
person who has violated ORS 671.610 (6), the person is again
found to have violated ORS 671.610 (6), the person's license
shall be permanently revoked.
{ +
THE STATE BOARD OF MASSAGE TECHNICIANS + }
SECTION 90. ORS 687.057 is amended to read:
687.057. (1) The State Board of Massage Technicians may license
by indorsement or reciprocity any individual who applies, meets
the requirements established by the board and, on the date of
making application, is a massage technician licensed under the
laws of any other state or territory of the United States or by a
foreign country if the requirements in the state, territory or
country where the applicant is licensed are not less than those
required in this chapter. The board shall adopt rules for
determining the necessity of an examination based on educational
preparation, successful completion of other examinations, work
experience and the number of years in active practice of massage.
(2) The board may license by indorsement any individual who
applies and successfully completes a practical examination if the
individual is already licensed under a law of this state to do an
act included in the definition of massage in ORS 687.011.
(3) An applicant shall pay a fee { - of $25 - } { + as
determined by the board + } to the board at the time of filing an
application under this section.
(4) The board may enter into an agreement with the appropriate
regulatory body of any other state, territory or foreign country
for reciprocal licensing if the board determines that the
qualifications and standards of the other state, territory or
foreign country are not less than those required in this chapter.
SECTION 91. ORS 687.071 is amended to read:
687.071. (1) The State Board of Massage Technicians shall
impose fees for the following:
(a) Massage technician license.
(b) Examinations and reexaminations.
(c) Inactive status.
(d) Delinquency in renewal of a license.
(e) Temporary practice permit.
(2) If the effective period of the initial massage technician
license is to be less than 12 months by reason of the statutorily
required expiration date, the required license fee shall be
prorated to represent one-half of the biennial rate.
(3) The board shall examine or reexamine any applicant for a
massage technician license who pays a fee for each examination
and who meets the requirements of ORS 687.051.
(4) All moneys received by the board shall be paid into the
{ - General Fund in the State Treasury and placed to the credit
of the Health Division Account - } { + account created by the
board under section 9 of this 1999 Act + } and are appropriated
continuously { + to the board + }and shall be used only for the
administration and enforcement of this chapter.
{ - (5) 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 92. ORS 687.086 is amended to read:
687.086. (1) If the State Board of Massage Technicians proposes
to impose any of the sanctions authorized in ORS 687.081 or take
other disciplinary action, opportunity for hearing shall be
accorded as provided in ORS 183.310 to 183.550. { - The board
may designate the Assistant Director for Health or the designee
of the assistant director or other competent person to preside at
such hearing. - }
(2) Promulgation of rules, conduct of hearings, issuance of
orders and judicial review of rules and orders shall be as
provided in ORS 183.310 to 183.550.
SECTION 93. ORS 687.115 is amended to read:
687.115. (1) { - There is created in the Health Division
a - } { + The + } State Board of Massage Technicians { + shall
operate as a semi-independent state agency subject to sections 3
to 10 of this 1999 Act, for purposes of carrying out the
provisions of this chapter + }. The board shall be composed of
seven members, four of whom shall be licensed massage technicians
and three of whom shall 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.
(2) Members are entitled to compensation and expenses as
{ - provided in ORS 292.495 - } { + determined by the
board + }.
(3) The board { - shall - } { + may + }:
(a) Hold meetings at times and locations determined by the
board.
(b) { - Subject to the State Personnel Relations Law, - }
Hire, define the duties and fix the salary of an { - executive
director - } { + administrator + } who { - shall - } { +
may + } hire and define the duties and provide supervision and
evaluation of other employees as necessary to carry out the
provisions of this chapter. The { - executive director - }
{ + 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.
SECTION 94. ORS 687.890 is amended to read:
687.890. (1) The State Board of Massage Technicians shall
report to the proper district attorney all cases that in the
judgment of the board warrant criminal prosecution under ORS
687.991.
(2) The board may, in its own name, assess a civil penalty
against any licensed or unlicensed person violating a provision
of this chapter. The board may assess the civil penalty instead
of or in addition to disciplinary action under ORS 687.081, an
injunction issued under ORS 687.021 or criminal prosecution by
the district attorney under this section. The amount of the civil
penalty may not exceed $1,000 for any single violation.
{ + Except as the board may otherwise provide under section 4
(5) of this 1999 Act, + } moneys collected through the assessment
of civil penalties by the board { + under this subsection or ORS
687.081 + } shall be { - credited to the General Fund and shall
be available for general governmental expenses - } { +
deposited into the account created by the board pursuant to
section 9 of this 1999 Act and are continuously appropriated to
the board for carrying out the provisions of this chapter + }.
{ +
THE STATE MORTUARY AND CEMETERY BOARD + }
SECTION 95. ORS 432.312 is amended to read:
432.312. (1) The Health Division shall impose and collect a
filing fee of $7 for each certificate of death { - to be
deposited to the credit of the Health Division Account - } . Of
the fee, $2 shall be { + deposited to the credit of the Health
Division Account and + } used to carry out the purposes of ORS
97.170 (5) { + , + } and $5 shall be { + deposited to the
account established by the State Mortuary and Cemetery Board
pursuant to section 9 of this 1999 Act and + } used in the same
manner as funds credited to the account under ORS 692.375.
(2) The expenditures { + by the division + } under ORS 97.170
(5)
{ - and 692.375 - } shall not exceed the funds
{ - collected - } { + deposited to the account of the
division + } under subsection (1) of this section, and in no
event shall { - expenditure on - } the { + expenditures
for + } administration { - of the funds - } exceed five
percent { - of the moneys collected - } .
SECTION 96. ORS 692.160 is amended to read:
692.160. (1) The fees that may be charged under this chapter
are:
(a) A fee covering requests for applications for a funeral
establishment license, an immediate disposition company license,
a certificate of authority for a cemetery, a certificate of
authority for a crematorium, registration as a funeral service
practitioner apprentice, registration as an embalmer apprentice,
a license as a reciprocal funeral service practitioner or a
license as a reciprocal embalmer. The application fee shall be
accompanied by an additional fee for each principal of a funeral
establishment, immediate disposition company, cemetery or
crematorium.
(b) A fee covering the renewal of a license for a funeral
establishment, a license for an immediate disposition company or
a certificate of authority for a crematorium.
(c) A fee covering the renewal of a funeral service
practitioner license or an embalmer license.
(d) A fee for renewal of a combination funeral service
practitioner and embalmer license.
(e) A fee for renewal of the registration of a funeral service
practitioner apprentice or an embalmer apprentice.
(f) An examination fee for a funeral service practitioner
license or an embalmer license.
(g) A fee covering the renewal of a certificate of authority
for a cemetery.
(h) A fee covering the reinstatement of a lapsed license or
certificate of authority.
(i) A fee for reissuing a license, registration or certificate
of authority as provided in ORS 692.148.
(j) Fees for copying any public record maintained by the State
Mortuary and Cemetery Board, for documents distributed by the
board and postage for mailing any copies or documents.
(2) All licenses granted under this chapter to funeral service
practitioners and embalmers shall expire on January 1 in
even-numbered years unless renewed as provided in this section.
All licenses or certificates of authority granted under this
chapter to operators of funeral establishments, to operators of
immediate disposition companies, to operators of cemeteries or to
operators of crematoriums shall expire on January 1 in
odd-numbered years unless renewed as provided in this section.
(3) The board shall mail to each licensed funeral service
practitioner, to each licensed embalmer, to each licensed
operator of a funeral establishment or immediate disposition
company and to each cemetery and crematorium holding a
certificate of authority under ORS 692.275, addressed to the
licensee or certificate holder at the licensee's or certificate
holder's last-known address, a notice that the renewal fee is due
and payable and that if the fee is not paid by the renewal date
the license or certificate of authority shall lapse. The notice
shall be mailed to each licensed funeral service practitioner and
to each licensed embalmer on or before November 1 of each
odd-numbered year. The notice shall be mailed to each licensed
operator of a funeral establishment or immediate disposition
company and to each cemetery and crematorium holding a
certificate of authority under ORS 692.275 on or before November
1 of each even-numbered year. On or after July 1, 1986, the board
may impose continuing education requirements as a prerequisite
for relicensure.
{ - (4) 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 State Mortuary and
Cemetery 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 97. ORS 692.180 is amended to read:
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 128.400 to 128.440 and
692.285; 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 { + disposal
of + } 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 128.412 or 128.415 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 or 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.
(2) { + Except as the board may otherwise provide pursuant to
section 4 (5) of this 1999 Act, + } 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 183.090.
(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 98. ORS 692.300 is amended to read:
692.300. (1) { - There is created - } The State Mortuary and
Cemetery Board { - in the Health Division - } { + shall
operate as a semi-independent state agency subject to sections 3
to 10 of this 1999 Act, + } 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:
(a) Two members shall be licensed funeral service
practitioners. One of the members under this paragraph shall be a
funeral service practitioner who does not offer embalming.
(b) One member shall be a licensed embalmer.
(c) Three members shall 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 be a representative of a crematorium.
(e) Four members shall be representatives of the public, one of
whom shall be a member of a recognized senior citizen
organization.
(2) The term of office of the members of the board shall be
four years ending on December 31. A member is eligible for no
more than two consecutive terms. { - They - } { + Members + }
shall be appointed by the Governor and hold office until the
appointment and qualification of their successors.
SECTION 99. ORS 692.310 is amended to read:
692.310. The State Mortuary and Cemetery Board shall meet at
{ - least semiannually, and at such other - } times as it may
determine, and shall elect from its members, each for a term of
one year, a president and secretary. The secretary shall also act
and serve as treasurer of the board.
SECTION 100. ORS 692.320 is amended to read:
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 - } { + staff + } and incur other necessary
expenses.
SECTION 101. ORS 692.330 is amended to read:
692.330. Each member of the State Mortuary and Cemetery Board
is entitled to compensation and expenses as { - provided in ORS
292.495 - } { + determined by the board + }.
SECTION 102. ORS 692.375 is amended to read:
692.375. All moneys received { - by the Health Division - }
under this chapter shall be paid into the { - General Fund in
the State Treasury and placed to the credit of the Health
Division Account - } { + account established by the board under
section 9 of this 1999 Act + }. The moneys are appropriated
continuously { + to the board + }and shall be used only for the
administration and enforcement of this chapter and for the
purpose of education of funeral service practitioners and
embalmers.
{ +
THE BOARD OF NATUROPATHIC EXAMINERS + }
SECTION 103. ORS 433.010 is amended to read:
433.010. (1) No person shall willfully cause the spread of any
communicable disease within this state.
(2) Whenever Oregon Revised Statutes require a person to secure
a health certificate, such certificate shall be acquired { + in
accordance with the rules of the Health Division + } from a
physician licensed by the Board of Medical Examiners for the
State of Oregon or the Naturopathic Board of Examiners { - in
accordance with the rules of the Health Division - } .
SECTION 104. 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). 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.
(c) Certificate of registration as active, inactive or retired.
(d) Restoration fee.
{ - (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 105. ORS 685.104 is amended to read:
685.104. (1) The Board of Naturopathic Examiners shall refuse
to issue the certificate of biennial registration to any person
holding a license under this chapter who fails to submit with the
registration fee proof required under ORS 685.102, unless it has
exempted the person from the requirements of ORS 685.102 (1). The
board shall return the biennial registration fee to the person.
(2) After January 1 of any year, the board may issue a
certificate of biennial registration to any holder of a license
under this chapter who had been refused such certificate under
subsection (1) of this section upon submission of the evidence
required under ORS 685.102 (1), accompanied by the required
registration fees for each year the registration fee remains
unpaid and a restoration fee { - of $75 - } { + as determined
by the board + } for each year the license remains revoked.
(3) If the person completes an approved program after January 1
to meet the requirements of ORS 685.102 for the year beginning
January 1, such completion does not meet the requirements of ORS
685.102 for the subsequent year.
SECTION 106. ORS 685.145 is amended to read:
685.145. (1) The Council on Naturopathic Physicians Formulary
is established and shall consist 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 Board of Medical Examiners
for the State of Oregon appointed by the Board of Medical
Examiners for the State of Oregon; and
(e) Two additional members appointed by the council who hold an
advanced degree in either pharmacology or pharmacognosy.
(2) The chair of the council shall be elected by a majority of
the members.
(3) The council established under subsection (1) of this
section shall determine the substances to be included in the
formulary that may be prescribed by a naturopathic physician
acting under ORS 685.010 (3). The council shall review the
formulary periodically. 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.
(4) The term of each member of the council shall be 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 entitled to compensation
and expenses { - under ORS 292.495 payable from funds available
to the - } { + as determined by the + } Board of Naturopathic
Examiners.
SECTION 107. ORS 685.160 is amended to read:
685.160. (1) { - There hereby is created - } The Board of
Naturopathic Examiners { - in the Health Division - } { +
shall operate as a semi-independent state agency subject to
sections 3 to 10 of this 1999 Act, for purposes of carrying out
the provisions of this chapter + }. The board shall consist of
five 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. The Governor shall fill all vacancies in the membership
of the board. 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) Four members shall be naturopaths who have each practiced
continuously in this state for the five years immediately prior
to the date of appointment.
(c) One shall be a member of the general public who does not
possess the qualifications set forth in paragraph (b) of this
subsection.
(3) 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 108. ORS 685.170 is amended to read:
685.170. Annually the Board of Naturopathic Examiners shall
elect one of its members president who shall have power during
the term of office to summon witnesses, administer oaths and to
take testimony and affidavits, certifying thereto, under the
president's hand and the seal of the board. The staff of the
board shall keep a record of all actions of the board, including
a detailed register of applicants for license. The board may
employ or appoint { - a person to act as staff to the board - }
{ + an administrator + }who shall perform such duties and
functions as may be prescribed by the board.
SECTION 109. ORS 685.190 is amended to read:
685.190. A member is entitled to compensation and expenses as
{ - provided in ORS 292.495 - } { + determined by the
board + }.
SECTION 110. ORS 685.201 is amended to read:
685.201. { + Except as the Board of Naturopathic Examiners may
otherwise provide pursuant to section 4 (5) of this 1999 Act,
+ }all moneys received { - by the Health Division - } under
this chapter shall be paid into the { - General Fund in the
State Treasury and placed to the credit of the Health Division
Account and such - } { + account established by the board
pursuant to section 9 of this 1999 Act. Those + } moneys hereby
are appropriated continuously and shall be used only for the
administration and enforcement of this chapter.
{ +
THE BOARD OF EXAMINERS OF + }
{ +
NURSING HOME ADMINISTRATORS + }
SECTION 111. ORS 678.710 is amended to read:
678.710. As used in ORS 678.710 to 678.840, unless the context
requires otherwise:
(1) 'Board' means the Board of Examiners of Nursing Home
Administrators { - of the State of Oregon - } .
{ - (2) 'Division' means the Health Division of the
Department of Human Resources. - }
{ - (3) - } { + (2) + } 'Dual facility' means a facility
that operates both a hospital and a long term care facility on
the same campus.
{ - (4) - } { + (3) + } 'Nursing home administrator' means
an individual responsible for planning, organizing and managing
the operation of a nursing home, whether or not such individual
has an ownership interest in such home and whether or not such
functions are shared by one or more other individuals, if:
(a) Final responsibility and authority are retained in the
nursing home administrator; and
(b) In the case of a dual facility, the nursing home
administrator may be subject to the authority of the
administrator of the dual facility or the dual facility
administrator may administer the nursing home if the
administrator is licensed or otherwise qualified by statute to
administer a nursing home.
{ - (5) - } { + (4) + } 'Nursing home' means any
institution or facility defined as a long term care facility for
licensing purposes under state statute or the rules of the
{ + Health + } Division { + of the Department of Human
Resources + }, including a long term care facility operated as
part of a dual facility.
{ - (6) - } { + (5) + } 'Provisional license' means a
temporary license issued to a provisional nursing home
administrator under the rules of the board.
SECTION 112. ORS 678.740 is amended to read:
678.740. (1) Examinations for licensure as a nursing home
administrator shall be conducted at such times and places as the
Board of Examiners of Nursing Home Administrators { - of the
State of Oregon - } shall designate, but not less than once a
year. The fee for examination or reexamination shall be
determined by the board
{ - under ORS 678.775 - } .
(2) The board shall, consistent with the purposes for which the
examination is given, determine the subjects, scope, content and
the minimum passing grade for examinations.
SECTION 113. ORS 678.760 is amended to read:
678.760. (1) Upon compliance with the requirements of ORS
678.730 and the payment of a fee as determined by the Board of
Examiners of Nursing Home Administrators { - of the State of
Oregon under ORS 678.775 - } , an individual shall upon
application be granted a nursing home administrator's original
license. All original licenses shall expire on June 30 of the
next odd-numbered year.
(2) Upon application within one year following expiration of an
original or a renewal license, and the payment of a fee as
determined by the board { - under ORS 678.775 - } , the board
shall issue a renewal license, provided the continuing education
requirements and all other requirements set by the board have
been met. All renewal licenses shall expire on June 30 of the
next odd-numbered year.
(3) The fee for a provisional license shall be determined by
the board { - under ORS 678.775 - } .
SECTION 114. ORS 678.770 is amended to read:
678.770. (1) The Board of Examiners of Nursing Home
Administrators { - of the State of Oregon - } may license by
indorsement, without examination, any individual who applies
therefor, meets the requirements as established by the board and
on the date of making application is a nursing home administrator
licensed under the laws of any other state or territory of the
United States if the requirements for licensing of nursing home
administrators in the state or territory in which the applicant
is licensed are not less than those required in ORS 678.710 to
678.780, 678.800 to 678.840 and 678.990 (2).
(2) Each applicant under this section shall pay to the board at
the time of filing the application a fee determined by the board
{ - under ORS 678.775 - } .
SECTION 115. ORS 678.800 is amended to read:
678.800. (1) { - There is hereby created a - } { + The + }
Board of Examiners of Nursing Home Administrators { - in the
Health Division of the Department of Human Resources - } { +
shall operate as a semi-independent state agency subject to
sections 3 to 10 of this 1999 Act, for purposes of carrying out
the provisions of ORS 678.710 to 678.840 + }.
(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 be nursing home administrators licensed
under ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990 (2);
(b) One a medical doctor licensed by the Board of Medical
Examiners for the State of Oregon actively engaged in private
practice and conversant with the care and treatment of the
long-term patient;
(c) One 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) A pharmacist licensed by the State Board of Pharmacy; and
(f) Except for those persons described in paragraph (a) of this
subsection, no member of the board shall 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. No more
than two of the members of the board may be officials or
full-time employees of state or local governments.
(4) 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) The members of the board are entitled to compensation and
expenses as { - provided in ORS 292.495 - } { + determined by
the board + }.
(7) No public members of the board shall hold any pecuniary
interest in, or have any employment contract with, a long term
care facility.
SECTION 116. ORS 678.810 is amended to read:
678.810. (1) The Board of Examiners of Nursing Home
Administrators shall { - hold at least two meetings each
year - } { + meet at times and places determined by the
board + }. At any meeting a majority of the members of the board
shall constitute a quorum for the transaction of business.
(2) The board shall elect annually from its membership a
chairperson and a vice chairperson.
(3) The { - Assistant Director for Health or a representative
appointed by the assistant director from the staff of the Health
Division shall serve without voting rights as secretary to
the - } board { + may establish qualifications for, determine
compensation for and hire a board administrator + }. The
{ - secretary - } { + administrator + } shall keep a record of
the transactions of the board and have custody of the records,
documents and other property belonging to it.
(4) At the direction of the board, all other ministerial
functions associated with carrying on the duties, functions and
powers of the board, including, but not limited to, secretarial,
clerical, investigative and fiscal shall be performed by the
{ - secretary - } { + board administrator + } or under the
direction of the
{ - secretary - } { + administrator + } by employees of the
{ - Health Division - } { + board + }.
SECTION 117. ORS 678.825 is amended to read:
678.825. (1) { - Subject to availability of funds
therefor, - } The Board of Examiners of Nursing Home
Administrators may employ an investigator to investigate
complaints and to conduct board-initiated investigations pursuant
to its authority under ORS 678.820 to develop, impose and enforce
standards. { - In the absence of such funding, investigations
shall be coordinated with the Health Division of the Department
of Human Resources. - }
(2) Upon receipt of a complaint under ORS 678.710 to 678.840,
the board { - or the division - } shall conduct an
investigation as described under ORS 676.165.
SECTION 118. ORS 678.830 is amended to read:
678.830. (1) { + Except as the Board of Examiners of Nursing
Home Administrators may otherwise provide pursuant to section 4
(5) of this 1999 Act, + } all moneys received { - by the Health
Division - } under ORS 678.710 to 678.780, 678.800 to 678.840
and 678.990 (2) shall be paid into the { - General Fund in the
State Treasury and placed to the credit of the Health Division
Account and such - } { + account created by the board pursuant
to section 9 of this 1999 Act. Those + } moneys hereby are
appropriated continuously { + to the board + } and shall be used
only for the administration of ORS 678.710 to 678.780, 678.800 to
678.840 and 678.990 (2) and the rules of the board adopted
thereunder { - and the provisions of ORS 441.015 to 441.063 and
the rules for nursing homes adopted by the division
thereunder - } .
(2) If a license is denied under ORS 678.710 to 678.780,
678.800 to 678.840 and 678.990 (2), 50 percent of the fee for the
license shall be refunded to the applicant. No portion of an
examination fee is refundable.
SECTION 119. { + ORS 678.775 is repealed. + }
{ +
THE OCCUPATIONAL THERAPY LICENSING BOARD + }
SECTION 120. ORS 675.280 is amended to read:
675.280. Licenses issued under ORS 675.210 to 675.340 shall
expire on May 31. The Occupational Therapy Licensing Board shall
license any person who meets the requirements of ORS 675.210 to
675.340 upon payment of a license fee { - not to exceed $75 - }
{ + as determined by the board + }. The board shall issue a
certificate to each person licensed. The certificate shall be
prima facie evidence of the right of the person to whom it is
issued to purport to be a licensed occupational therapist or
occupational therapy assistant subject to the provisions of ORS
675.210 to 675.340. The certificate shall be posted in a
conspicuous place on the premises of the occupational therapy
employer.
SECTION 121. ORS 675.290 is amended to read:
675.290. Each licensed occupational therapist or occupational
therapy assistant shall apply to the Occupational Therapy
Licensing Board prior to the expiration of a license of each year
for a renewal of a license. Each applicant for renewal of a
license shall pay the board at the time of the filing of an
application therefor a fee { - not to exceed $85 - } { + as
determined by the board + }. Any license that is not renewed
before June 1 of each year shall automatically lapse. The board
may revive and renew any lapsed license upon payment to it of a
delinquent fee in the amount { - of $50 - } { + determined by
the board + } plus all past unpaid renewal fees. However, no such
late renewal of a license may be granted more than three years
after its expiration.
SECTION 122. ORS 675.310 is amended to read:
675.310. (1) { - There is created in the Health Division - }
The Occupational Therapy Licensing Board { + shall operate as a
semi-independent state agency subject to sections 3 to 10 of this
1999 Act, for purposes of carrying out ORS 675.210 to 675.340 and
675.990 (2) + }. It shall be composed of five members, appointed
by the Governor, three of whom shall be licensed occupational
therapists in this state with no less than three years of
experience in occupational therapy immediately preceding their
appointment, and two of whom shall be members of the consuming
public. { - Board members required to be occupational
therapists may be selected by the Governor from a list of no less
than eight nominees submitted by the Occupational Therapy
Association of Oregon. - } However, one { + nonpublic + }
member of the board may be a licensed occupational therapy
assistant.
(2) Members are entitled to compensation and expenses as
{ - provided in ORS 292.495 - } { + determined by the
board + }.
(3) Members shall serve a term of four years and may not serve
more than two consecutive terms.
SECTION 123. 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 president and
secretary, each of whom shall hold office for one year or until
the election and qualification of a successor.
(2) To appoint an { - executive secretary - } { +
administrator + } to perform such duties as the board shall
prescribe, and whose compensation shall be fixed by the board
{ - subject to ORS 240.245 - } .
(3) 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) To suspend, revoke or invalidate licenses for nonpayment of
renewal fees.
(5) To restore licenses which have been suspended, revoked or
voided.
(6) To { - recommend - } { + determine + } fees for initial
application for licensure and renewal application for licensure.
(7) To collect license applications and renewal fees.
(8) To investigate alleged violations of ORS 675.210 to
675.340.
(9) To enforce the provisions of ORS 675.210 to 675.340 and
generally supervise the practice of occupational therapy in this
state.
(10) To make and enforce rules in accordance with ORS 183.310
to 183.550 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) To establish minimum requirements for continuing education
to be complied with by all licensees under ORS 675.210 to 675.340
prior to reissuing licenses.
(12) 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 - } { + as determined by the board + }.
(13) To establish official abbreviations that may be used,
under ORS 675.220 (1), by persons licensed as occupational
therapists or occupational therapy assistants.
(14) To establish minimum requirements for supervised field
work necessary for applicants under ORS 675.240 or 675.250.
SECTION 124. ORS 675.330 is amended to read:
675.330. (1) All moneys received { - by the Health
Division - } under ORS 675.210 to 675.340 shall be deposited into
the { - General Fund in the State Treasury and placed to the
credit of the Health Division, and such - } { + account
established by the Occupational Therapy Licensing Board pursuant
to section 9 of this 1999 Act. Those + } moneys { - hereby - }
{ + are + } appropriated continuously { + to the board + } and
shall be used only for the administration and enforcement of ORS
675.210 to 675.340 and 675.990 (2).
(2) { + Except as the board may otherwise provide pursuant to
section 4 (5) of this 1999 Act, + } all civil penalties collected
or received for violations of or in prosecutions under ORS
675.210 to 675.340 { - and 675.990 (2) shall be paid into the
General Fund of the State Treasury and placed to the credit of
the Health Division Account, and such moneys hereby are
appropriated continuously and shall be used only for the
administration and enforcement of ORS 675.210 to 675.340 and
675.990 (2) - } { + shall be deposited and are appropriated as
provided in subsection (1) of this section + }.
(3) { + + }All fines collected or received for violations of
or in prosecutions under ORS 675.210 to 675.340 and 675.990 (2)
shall be forwarded to the Department of Revenue for deposit in
the Criminal Fine and Assessment Account.
SECTION 125. ORS 675.336 is amended to read:
675.336. (1) In addition to any other liability or penalty
provided by law, the Occupational Therapy Licensing Board may
impose a civil penalty on a person who violates the provisions of
ORS 675.210 to 675.340.
(2) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.090.
(3) { + Except as the board may otherwise provide pursuant to
section 4 (5) of this 1999 Act, + } all penalties recovered under
this section shall be paid into the { - General Fund of the
State Treasury and credited to the Health Division Account, and
such - } { + account established by the board under section 9
of this 1999 Act. Those + } moneys are appropriated continuously
{ + to the board + }and shall be used only for the
administration and enforcement of ORS 675.210 to 675.340.
SECTION 126. ORS 675.340 is amended to read:
675.340. The district attorney shall prosecute all persons
charged with violations of any of the provisions of ORS 675.210
to 675.340 and 675.990 (2). The { - secretary - } { +
administrator + }, under the direction of the Occupational
Therapy Licensing Board, shall aid the district attorney in the
enforcement of ORS 675.210 to 675.340 and 675.990 (2).
{ +
THE PHYSICAL THERAPIST LICENSING BOARD + }
SECTION 127. ORS 688.160 is amended to read:
688.160. (1) { - There is created in the Health Division - }
The Physical Therapist Licensing Board { + shall operate as a
semi-independent state agency subject to sections 3 to 10 of this
1999 Act, for purposes of carrying out the provisions of ORS
688.010 to 688.220 and 688.990 (1) + }. The Physical Therapist
Licensing Board shall consist 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 - } . Four of the members shall be licensed physical
therapists, shall have had not fewer than three years' experience
in physical therapy immediately preceding their appointment as
members and shall be actively engaged in physical therapy in this
state during their service as members. One member shall be a
physician licensed under ORS chapter 677, one shall be a licensed
physical therapist assistant and one shall be a public member.
All members shall have voting privileges.
(2) 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. No member shall serve for more than two consecutive
four-year terms.
(3) 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. - }
(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.
(5) The board shall:
(a) Establish matters of policy affecting administration of ORS
688.010 to 688.220;
(b) Establish matters relating to examinations;
(c) Adopt rules necessary to carry out the provisions of ORS
688.010 to 688.220;
(d) Establish standards and tests to determine the moral,
intellectual, educational, scientific, technical and professional
qualifications of applicants for licenses to practice physical
therapy in this state;
(e) Adopt rules relating to the supervision and the duties of
physical therapist aides who assist in performing routine work
under supervision;
(f) Enforce the provisions of ORS 688.010 to 688.220; and
(g) Exercise general supervision over the practice of physical
therapy within this state.
(6) The board shall meet { - not less than twice each
year - } { + 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.
(7) The board may appoint and fix the compensation of an
{ - executive secretary subject to ORS 240.245 - } { +
administrator + }. { - Such compensation shall not prohibit the
secretary from receiving reimbursement for actual and necessary
travel expenses incurred in the performance of the duties of the
secretary. - }
SECTION 128. ORS 688.170 is amended to read:
688.170. Each member of the Physical Therapist Licensing Board
is entitled to compensation and expenses { - as provided in ORS
292.495 - } { + as determined by the board + }.
SECTION 129. ORS 688.201 is amended to read:
688.201. All moneys received { - by the Health Division - }
under ORS 688.010 to 688.220 shall be paid into the { - General
Fund in the State Treasury and placed to the credit of the Health
Division Account and such - } { + account established by the
Physical Therapist Licensing Board under section 9 of this 1999
Act. Those + } moneys hereby are appropriated continuously
{ + to the board + }and shall be used only for the
administration and enforcement of ORS 688.010 to 688.220.
{ +
THE STATE BOARD OF PSYCHOLOGIST EXAMINERS + }
SECTION 130. ORS 675.100 is amended to read:
675.100. (1) { - There hereby is created a - } { + The + }
State Board of Psychologist Examiners { - consisting - }
{ + shall operate as a semi-independent state agency subject to
sections 3 to 10 of this 1999 Act, for purposes of carrying out
ORS 675.010 to 675.150 and 675.990 (1)(a) and (b). The board
shall consist + }of seven members appointed by the Governor.
Five of the members shall be residents of Oregon, have doctoral
degrees with primary emphasis in psychology and shall be licensed
under ORS 675.010 to 675.150. Two members shall be residents of
Oregon and shall serve as public members.
(2) The term of office of a board member shall be three years,
but the members shall serve at the pleasure of the Governor.
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
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 - } { + determined by
the board + }.
SECTION 131. ORS 675.110 is amended to read:
675.110. The State Board of Psychologist Examiners shall have
the following powers, in addition to the powers otherwise granted
under ORS 675.010 to 675.150, and shall have all powers necessary
or proper to carry the granted powers into effect:
(1) To determine qualifications of applicants to practice
psychology in this state; to cause to have examinations prepared,
conducted and graded and to grant licensing to qualified
applicants upon their compliance with the provisions of ORS
675.010 to 675.150 and the rules of the board.
(2) To grant or deny annual renewal of licenses, and to renew
licenses which have lapsed for nonpayment of the renewal fee,
subject to the provisions of ORS 675.010 to 675.150.
(3) To suspend or revoke licenses, subject to ORS 675.010 to
675.150.
(4) To issue letters of reprimand, to impose probationary
periods with the authority to restrict the scope of practice of a
licensed psychologist or to require practice under supervision.
(5) To impose civil penalties not to exceed $1,000.
(6) To restore licenses which have been suspended or revoked or
voided by nonpayment of the renewal fee.
(7)(a) To { + determine and + } collect annual fees for
application, examination and licensing of applicants, for renewal
of licenses, and for issuance of limited permits { - , such fees
to be used to defray the expenses of the board as provided in ORS
675.140 - } .
(b) The board may collect a delinquent renewal fee for licenses
renewed after January 1 but before February 1.
(8) To investigate alleged violations of ORS 675.010 to
675.150.
(9) To issue subpoenas for the attendance of witnesses, take
testimony, administer oaths or affirmations to witnesses, conduct
hearings, require the production of relevant documents in all
proceedings pertaining to the duties and powers of the board.
(10) To enforce ORS 675.010 to 675.150 and to exercise general
supervision over the practice of psychology in this state.
(11) To adopt a common seal.
(12) To formulate a code of professional conduct for the
practice of psychology giving particular consideration to the
Ethical Standards of Psychologists promulgated by the American
Psychological Association.
(13) To establish standards of service and training and
educational qualifications for the rendering of ethical
psychological services in this state, including the formulation
of standards for the issuance of licenses for areas of special
competence.
(14) To formulate and enforce continuing education requirements
for duly licensed psychologists to { - insure - }
{ + ensure + } the highest quality of professional services to
the public.
(15) Subject to the applicable provisions of ORS 183.310 to
183.550, to adopt reasonable rules to carry out the provisions of
ORS 675.010 to 675.150.
SECTION 132. 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 - } { + as + } 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 board shall maintain records of all of its proceedings
under ORS 675.010 to 675.150.
(5) The board 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 - }
{ + administrator + } who shall not be a member of the board.
The board shall fix the compensation for the { - executive
secretary - } { + administrator + }.
SECTION 133. ORS 675.140 is amended to read:
675.140. { - On or before the 10th day of each month, the
State Board of Psychologist Examiners shall pay into the State
Treasury all moneys received by the board during the preceding
calendar month. The State Treasurer shall credit the moneys to
the State Board of Psychologist Examiners Account. The - } { +
Except as the State Board of Psychologist Examiners may otherwise
provide pursuant to section 4 (5) of this 1999 Act, all moneys
received under ORS 675.010 to 675.150 shall be deposited into the
account established by the board pursuant to section 9 of this
1999 Act. Those + } moneys
{ - in the State Board of Psychologist Examiners Account - }
are continuously appropriated to the board for the purpose of
paying the expenses of administering and enforcing ORS 675.010 to
675.150.
SECTION 134. { + ORS 675.115 is repealed. + }
{ +
THE STATE BOARD OF RADIOLOGIC TECHNOLOGY + }
SECTION 135. ORS 688.545 is amended to read:
688.545. (1) { - There is created in the Health Division
a - } { + The + } Board of Radiologic Technology
{ - consisting - } { + shall operate as a semi-independent
state agency subject to sections 3 to 10 of this 1999 Act, for
purposes of carrying out the provisions of ORS 688.405 to 688.605
and 688.915. The board shall consist + } of seven members who
shall be appointed by the Governor. Each member of the board
shall be a citizen of the United States and a resident of the
State of Oregon. One member shall be a radiologist. One member
shall be a lay person. Five members shall be licensed practicing
radiologic technologists, one of whom shall be a therapeutic
radiologic technologist. Each appointed member shall be entitled
to vote.
(2) The Director of the Radiation Control Section of the Health
Division, or a person appointed by the director, shall be an
advisory member of the board for the purpose of providing counsel
and shall not be entitled to vote.
(3) The term of office of the members of the board shall be
three years and a member may be reappointed to serve not more
than two full terms.
(4) Members of the board shall be entitled to compensation and
expenses as { - provided in ORS 292.495 - } { + determined by
the board + }.
(5) The board shall annually elect the board chairperson from
the members of the board.
(6) For the purpose of transacting its business, the board
shall meet { - at least once every three months - } at times
and places designated by { - resolution - } { + the
board + }. Special meetings may also be held at { - such times
as the board may elect or at - } the call of the chairperson. A
written notice of the time, place and purpose of any special
meeting shall be mailed 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) Four members of the board shall constitute a quorum for the
transaction of business at any meeting. Four affirmative votes
shall be required to take action.
SECTION 136. ORS 688.555 is amended to read:
688.555. (1) The Board of Radiologic Technology shall have the
power to adopt such rules as may be necessary to carry out the
provisions of ORS 688.405 to 688.605.
(2) In adopting rules, the board shall act with benefit of the
advice of the Attorney General of the State of Oregon.
(3) The board may appoint and fix the compensation of an
{ - executive secretary subject to ORS 240.245 and include
reimbursement for actual and necessary travel expenses incurred
in the performance of the duties of the secretary - } { +
administrator + }.
SECTION 137. ORS 688.585 is amended to read:
688.585. (1) { - The Board of Radiologic Technology Fund is
established in the Health Division Account of the State Treasury.
Except for moneys otherwise designated by statute, - } All fees,
contributions and other moneys received by the Board of
Radiologic Technology shall be paid into the { - State Treasury
and credited to the - } account { + created by the board under
section 9 of this 1999 Act + }. All moneys in the account are
appropriated continuously { + to the board + } and shall be used
by the board for purposes of ORS 688.405 to 688.605 { + and
688.915 + }.
(2) The board shall keep a record of all moneys deposited in
the account. The record shall indicate by separate cumulative
accounts the source from which the moneys are derived and the
individual activity or program for which each withdrawal is
charged.
SECTION 138. ORS 688.595 is amended to read:
688.595. The Director of the Radiation Control Section of the
Health Division { + , under the direction of the Board of
Radiologic Technology, + } shall enforce the provisions of ORS
688.405 to 688.605 and shall conduct { - , under the direction
of the Board of Radiologic Technology, - } inspections in
furtherance of the purposes of ORS 688.405 to 688.605.
SECTION 139. ORS 688.915 is amended to read:
688.915. (1) In addition to any other sanction authorized by
law, the Board of Radiologic Technology may impose a civil
penalty not to exceed $1,000 for any violation of ORS 688.405 to
688.605, or of any rules promulgated pursuant to those
provisions. The penalty may be imposed whether or not the person
incurring the penalty has been licensed or been issued a permit
under ORS 688.405 to 688.605, or has made application for a
license or permit under those sections. A civil penalty may be
imposed in lieu of a refusal to grant or renew a license or
permit, or a suspension or revocation of a license or permit,
under ORS 688.525.
(2) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.090.
(3) { + Except as the board may otherwise provide pursuant to
section 4 (5) of this 1999 Act, + } all penalties recovered under
this section shall be credited to the { - Board of Radiologic
Technology Fund established under ORS 688.585 - } { + account
created by the board pursuant to section 9 of this 1999 Act + }.
{ +
THE SANITARIANS REGISTRATION BOARD + }
SECTION 140. ORS 700.010 is amended to read:
700.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Board' means the Sanitarians Registration Board.
(2) 'Certified professional soil scientist' means a person
registered in good standing with the American Registry of
Certified Professionals in Agronomy, Crops and Soils.
{ - (3) 'Division' means the Health Division of the
Department of Human Resources. - }
{ - (4) - } { + (3) + } 'Environmental sanitation' means
the art and science of applying sanitary, biological and physical
science principles and knowledge to improve and control the
environment and factors therein for the protection of the health
and welfare of the public.
{ - (5) - } { + (4) + } 'Registrant' means any person
registered with the division under this chapter.
{ - (6) - } { + (5) + } 'Sanitarian' means a person who by
education, training and experience in the sanitary, biological
and physical sciences is qualified to perform duties in
environmental sanitation, including but not limited to scientific
investigation, and education and counseling in environmental
sanitation.
{ - (7) - } { + (6) + } 'Sanitarian trainee' means a person
who lacks the combination of training, education and experience
required for a sanitarian registered under this chapter but who
is engaged in meeting such requirements.
{ - (8) - } { + (7) + } 'Science courses relating to
environmental sanitation' include courses in public or community
health or in sanitary, biological or physical sciences.
{ - (9) - } { + (8) + } 'Waste water sanitarian' means a
sanitarian or certified professional soil scientist practicing in
the field of waste water treatment, disposal and reuse where soil
is used in the final stage of the treatment process.
SECTION 141. ORS 700.030 is amended to read:
700.030. (1) Upon submittal of an application accompanied by
the fee established by the Sanitarians Registration Board
{ - and approved by the Health Division - } , the board shall
grant and { - the division shall - } issue registration as a
sanitarian to any applicant who performs to the satisfaction of
the board in written and oral examination approved by the board
and furnishes evidence satisfactory to the board that the
applicant:
(a) Has a baccalaureate degree from an accredited college or
university with at least 45 quarter hours, or the equivalent
semester hours, in science courses relating to environmental
sanitation and two years of experience in environmental
sanitation under the supervision of a registered sanitarian or a
person possessing equal qualifications, as determined by the
board. Accumulated schooling relevant to environmental
sanitation gained while serving in the United States Public
Health Service or a branch of the Armed Forces of the United
States may be credited toward the educational requirement as
evaluated by the current edition of the 'Guide to Evaluation of
Educational Experience in the Armed Forces,' by the American
Council on Education; or
(b) Has a graduate degree in public or community health from an
accredited college or university and one year of experience in
environmental sanitation under the supervision of a registered
sanitarian or a person possessing equal qualifications, as
determined by the board.
(2) The board shall establish by rule requirements for
registration as a sanitarian when an individual's date of
employment precedes attainment of registration.
SECTION 142. ORS 700.035 is amended to read:
700.035. (1) Upon submittal of an application accompanied by
the fees established by the Sanitarians Registration Board
{ - and approved by the Health Division - } , the board shall
grant and { - the division shall - } issue registration as a
sanitarian trainee to any applicant who furnishes evidence
satisfactory to the board that the applicant:
(a) Has a baccalaureate degree with 45 quarter hours, or the
equivalent semester hours, in science courses relating to
environmental sanitation from an accredited college or
university; or
(b) Has at least 15 quarter hours, or the equivalent semester
hours, in science courses relating to environmental sanitation
from an accredited college or university and has at least five
years of experience in environmental sanitation or related
activities, as determined by the board, under the supervision of
a sanitarian registered under this chapter or a person possessing
equal qualifications, as determined by the board.
(2) Registration as a sanitarian trainee shall not exceed two
years' full-time employment in the environmental sanitation
profession, or the equivalent hours, if employment in
environmental sanitation { - , as defined in ORS 700.010, - }
is less than full-time or 40 hours per week.
(3) The board shall establish by rule requirements for
registration as a sanitarian trainee when an individual's date of
employment precedes attainment of registration.
(4) A sanitarian trainee shall be supervised by a sanitarian
registered under this chapter or a person possessing equal
qualifications as determined by the board.
SECTION 143. ORS 700.050 is amended to read:
700.050. (1) Examinations for registration shall be held at
least once every year at such time and place as the { - Health
Division - } { + Sanitarians Registration Board + } may
determine. The examination shall be sufficiently thorough to
determine the qualifications, fitness and ability of the
applicant to practice as a sanitarian and may be in the form of
written, oral or practical demonstrations of skill. The
examination shall cover at least the subject areas listed in ORS
700.010 { - (6) - } { + (5) + } and the laws and rules of the
{ - division - } { + board + }.
(2) Within 30 days after the examination, the
{ - division - } { + board + } shall notify each applicant
whether the applicant passed or failed the examination.
(3) Upon written request to the { - division - } { +
board + }, any applicant may discuss performance on the
examination.
(4) Any applicant who fails to make a passing grade on the
examination may be allowed to take the examination a second time
upon payment of the required fee. The { - division, in
consultation with the Sanitarians Registration - } board
{ - , - } may require the applicant to undergo additional
training as determined by the board before taking the examination
a third or subsequent time.
(5) The { - division - } { + board + } shall give
reasonable notice by mail of the time and place of examination to
each applicant accepted for examination.
SECTION 144. ORS 700.053 is amended to read:
700.053. (1) An applicant for registration as a waste water
sanitarian shall submit an application in the manner required by
the Sanitarians Registration Board. The application shall be on a
form approved by the board, include proof satisfactory to the
board that the applicant meets the education and experience
requirements under subsection (3) of this section and include any
application fee established by the board { - and approved by
the Health Division - } .
(2) Upon receipt of an application for registration complying
with subsection (1) of this section, successfully completing the
oral examination required under subsection (5) of this section
and passing the examination required under subsection (6) of this
section, the board shall grant the applicant registration as a
waste water sanitarian.
(3) An applicant for registration as a waste water sanitarian
is required to have:
(a) A baccalaureate degree from an accredited college or
university, including at least 45 quarter hours or 30 semester
hours or a combination thereof in college or university soil
science courses and two years of practice in waste water
treatment, disposal and reuse within this state supervised by a
sanitarian registered under this chapter or by an equally
qualified person as determined by the board;
(b) A graduate degree in soil science from an accredited
college or university and one year of practice in waste water
treatment, disposal and reuse within this state supervised by a
sanitarian registered under this chapter or by an equally
qualified person as determined by the board; or
(c) A graduate degree in soil science from an accredited
college or university and current registration as a certified
professional soil scientist.
(4) Soil science schooling obtained while serving in the United
States Public Health Service or a branch of the Armed Forces of
the United States may be credited toward the soil science course
requirement under subsection (3)(a) of this section. The board
may use any system it considers reliable in assigning credit for
relevant schooling under this subsection, including but not
limited to assigning credit in conformance with the 'Guide to
Evaluation of Educational Experience in the Armed Forces'
published by the American Council on Education.
(5) The board may, at its discretion, conduct an oral
examination of candidates for registration as waste water
sanitarians. The oral examination may be on any matter pertaining
to the fitness of the applicant to be registered as a waste water
sanitarian, but shall not duplicate matters covered on the
examination required under subsection (6) of this section.
(6) Every applicant for registration as a waste water
sanitarian shall be given a written or practical examination
prepared by the board and designed to test the technical
competence of the applicant in all major areas of waste water
sanitation.
SECTION 145. ORS 700.059 is amended to read:
700.059. (1) Examinations for registration as a waste water
sanitarian shall be held at least once every year at such time
and place as the Sanitarians Registration Board may determine.
The board shall determine the content of the examination,
utilizing such advisory committees as the board deems necessary.
(2) Within 30 days after the examination, the board shall
notify each applicant whether the applicant passed or failed the
examination.
(3) Upon written request to the board, any applicant may
discuss performance on the examination.
(4) Any applicant who fails to make a passing grade on the
examination may be allowed to take the examination a second time
upon payment of the fee required therefor. However, any applicant
who fails the examination a second time must obtain special
permission from the board to take the examination a third or
subsequent time.
(5) The { - Health Division - } { + board + } shall give
reasonable notice by mail of the time and place of examination to
each applicant accepted for examination.
SECTION 146. ORS 700.080 is amended to read:
700.080. { - (1) - } The Sanitarians Registration Board
{ - , subject to the approval of the Health Division, - } shall
by rule establish and collect fees determined by the board as
necessary for the administration of this chapter. The fees shall
be for the following:
{ - (a) - } { + (1) + } Application.
{ - (b) - } { + (2) + } Examination of an applicant.
{ - (c) - } { + (3) + } Registration of a sanitarian,
sanitarian trainee, waste water sanitarian trainee or waste water
sanitarian.
{ - (d) - } { + (4) + } Reciprocity registration of a
sanitarian, sanitarian trainee, waste water sanitarian trainee or
waste water sanitarian.
{ - (e) - } { + (5) + } Timely renewal of the registration
of a sanitarian, sanitarian trainee, waster water sanitarian
trainee or waste water sanitarian.
{ - (f) - } { + (6) + } Restoration of an expired
registration.
{ - (g) - } { + (7) + } Late renewal of the registration or
delinquency fee of a sanitarian, sanitarian trainee, waste water
sanitarian trainee or waste water sanitarian.
{ - (h) - } { + (8) + }Replacement or duplicate
certificate of registration.
{ - (2) 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 chapter shall not exceed the cost of
administering the regulatory program of the Sanitarians
Registration 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 147. ORS 700.090 is amended to read:
700.090. Upon application therefor, accompanied by the fee
established by the Sanitarians Registration Board, the
{ - Health Division - } { + board + } shall grant appropriate
registration without written examination to any applicant who
furnishes evidence satisfactory to the board that the applicant
meets the applicable requirements of this chapter and at the time
of application under this section is registered as a sanitarian,
sanitarian trainee, waste water sanitarian trainee or waste water
sanitarian by a national association that is recognized by the
board or is registered as a sanitarian, sanitarian trainee, waste
water sanitarian trainee or waste water sanitarian in any other
state if the requirements for such registration, including the
written examination, are not lower than the requirements for
registration under ORS 700.030 and 700.035 or under ORS 700.053
and 700.062.
SECTION 148. ORS 700.100 is amended to read:
700.100. (1) Registration shall be valid for one year.
(2) Registration shall expire on June 30 following the date of
issuance, unless renewed on or before the expiration date by
payment of the required renewal fee and submission of
satisfactory evidence of completion of continuing education
courses as specified by rule and compliance with all other
requirements prescribed by the { - Health Division - }
{ + Sanitarians Registration Board + } for renewal.
(3) A registration that has not been renewed before the
expiration date may be renewed within one year of the expiration
date if the sanitarian, sanitarian trainee, waste water
sanitarian trainee or waste water sanitarian submits an
application for renewal and pays the renewal fee and a
delinquency fee for each calendar month following expiration,
provides satisfactory evidence in the application of completion
of continuing education requirements and complies with all other
requirements prescribed by the { - Sanitarians Registration - }
board for renewal.
(4) A registration that has not been renewed for more than one
year and less than three years after the expiration date may be
renewed if the sanitarian, sanitarian trainee, waste water
sanitarian trainee or waste water sanitarian submits an
application for renewal and pays the renewal fee and a one-time
restoration fee, submits satisfactory evidence in the application
of completion of continuing education requirements and complies
with all other requirements prescribed by the board for renewal.
(5) The board shall not renew the registration of any
sanitarian, sanitarian trainee, waste water sanitarian trainee or
waste water sanitarian who fails to renew registration for three
successive years but shall grant registration to such a person
upon compliance with all of the requirements of ORS 700.030 or
700.035.
(6) The board shall not grant or renew the registration of a
sanitarian, sanitarian trainee, waste water sanitarian trainee or
waste water sanitarian whose registration has been denied,
suspended, revoked or not renewed under ORS 700.110 (1) or (2)
until one year after the date of the denial of registration or
renewal or one year after the date of the order of suspension or
revocation.
SECTION 149. ORS 700.105 is amended to read:
700.105. The { - Health Division, subject to the approval of
the - } Sanitarians Registration Board, may adopt rules
establishing continuing education requirements that an applicant
must meet to obtain renewal of registration as a sanitarian,
sanitarian trainee, waste water sanitarian trainee or waste water
sanitarian.
SECTION 150. ORS 700.110 is amended to read:
700.110. The { - Health Division - } { + Sanitarians
Registration Board + } may deny registration or refuse to renew
or may suspend or revoke registration or place the registrant on
probation for a period of time specified by the
{ - division - } { + board + } upon proof that the applicant
or registrant:
(1) Has been convicted of a crime involving fraud or deceit or
is guilty of gross negligence, incompetency or misconduct in
relation to duties as a sanitarian or waste water sanitarian;
(2) Has employed fraud or deception in applying for
registration or in passing any examination required or authorized
by this chapter;
(3) Has used intoxicating liquor, drugs or other substances to
the extent that, in the course of acting as a sanitarian,
sanitarian trainee, waste water sanitarian trainee or waste water
sanitarian, the registrant presents an unreasonable risk of harm
to the person or property of others or to the registrant, or used
substances that impaired the registrant's ability to perform in a
professional manner;
(4) Has used any advertising statements of a nature that would
deceive or mislead the public or that are untruthful; or
(5) Has violated any provision of this chapter or rules adopted
by the { - division - } { + board + }.
SECTION 151. ORS 700.115 is amended to read:
700.115. (1) The { - Health Division - } { + Sanitarians
Registration Board + } shall investigate complaints made
regarding the practice of environmental sanitation. When the
{ - division - } { + board + } proposes to refuse to issue or
renew a registration, or proposes to revoke or suspend a
registration or place a registrant on probation, opportunity for
hearing shall be accorded as provided in ORS 183.310 to 183.550.
(2) Promulgation of rules, conduct of hearings, issuance of
orders and judicial review of rules and orders shall be as
provided by ORS 183.310 to 183.550.
SECTION 152. ORS 700.210 is amended to read:
700.210. { - There is established a board to be known as - }
The Sanitarians Registration Board { + shall operate as a
semi-independent state agency subject to sections 3 to 10 of this
1999 Act, for purposes of carrying out the provisions of this
chapter. The board shall + } { - to - } consist of seven
members { - to be - } appointed by the Governor.
SECTION 153. ORS 700.220 is amended to read:
700.220. (1) The members appointed by the Governor shall be
appointed from among the residents of this state and shall have
the following qualifications and terms of office:
(a) One shall be a physician licensed to practice medicine or
surgery by the Board of Medical Examiners for the State of Oregon
and certified by the American Board of Preventive Medicine and
Public Health.
(b) Four shall be sanitarians, registered under this chapter,
not more than one from any congressional district, and each of
whom has had at least four years of experience in environmental
sanitation.
(c) One shall be a representative of the food or food and
alcoholic beverage retail industry.
(d) One shall be a public member.
(2) Each successor to the members first appointed by the
Governor and each successor to the members first appointed by the
Governor under subsection (1)(c) and (d) of this section shall
hold office for a term of three years to commence on July 1
following the expiration of the term of a predecessor.
(3) Any vacancy among the seven members appointed by the
Governor shall be filled for the unexpired term by appointment by
the Governor.
(4) Any member of the Sanitarians Registration Board may be
removed by the Governor for misconduct, incapacity or neglect of
duty or inability to serve.
(5) The members of the board are entitled to compensation and
expenses as { - provided in ORS 292.495, to be paid from the
Sanitarians Registration Account - } { + determined by the
board + }.
SECTION 154. ORS 700.230 is amended to read:
700.230. (1) The Sanitarians Registration Board shall
{ - hold a meeting at least once each year - } { + meet at
times and places as determined by the board + }.
(2) The board shall annually elect a chairperson from its
members.
(3) Four members shall constitute a quorum but no action may be
taken on any question unless four members are in accord.
SECTION 155. ORS 700.240 is amended to read:
700.240. (1) The { - Health Division, in consultation with
the - } Sanitarians Registration Board { - , - } has such
authority as is reasonably necessary to administer this chapter,
including the authority to adopt rules pursuant to ORS 183.310 to
183.550.
(2) The { - division - } { + board + } has authority to
administer oaths and subpoena witnesses.
(3) The { - division - } { + board + } shall keep a record
of all proceedings of the { - division - } { + board + }
including a register of all registrants. These records shall at
reasonable times be open to the public.
(4) When the { - division - } { + board + } is satisfied
that an applicant for registration under this chapter has
complied with all of the requirements thereof, it shall have
issued to such applicant an appropriate certificate evidencing
registration under this chapter.
SECTION 156. ORS 700.251 is amended to read:
700.251. { + Except as provided under ORS 700.992, + } all
moneys received { - by the Health Division - } under this
chapter shall be paid into the { - General Fund in the State
Treasury and placed to the credit of the Health Division Account
and such - } { + account established by the Sanitarians
Registration Board pursuant to section 9 of this 1999 Act.
Those + } moneys hereby are appropriated continuously { + to the
board + } and shall be used only for the administration and
enforcement of this chapter.
SECTION 157. ORS 700.260 is amended to read:
700.260. (1) If, in the opinion of the Sanitarians Registration
Board, any person is engaged in or has taken steps to engage in
an activity that is a violation of any provision of this chapter
or any rules promulgated by the { - Health Division - } { +
board + }, the board may, without bond, institute in the name of
the State of Oregon a suit to restrain the activity or any
further or continued violation.
(2) A court may issue an injunction under this section. An
injunction issued under this section does not relieve a person
from any other prosecution or enforcement action taken for
violation of this chapter.
(3) The Attorney General or the district attorney for the
county in which the proceedings are to be brought may assist the
board in carrying out its power under this section.
SECTION 158. ORS 700.992 is amended to read:
700.992. (1) In addition to any other penalty provided by law,
the { - Health Division - } { + Sanitarians Registration
Board + } may impose a civil penalty for violation of ORS
700.020, 700.035 (4), 700.110 and any rule adopted thereto. The
civil penalty may not exceed $5,000 for each violation. The
{ - division - } { + board + } may take any other disciplinary
action that it finds proper, including but not limited to
assessment of costs of the disciplinary proceedings.
(2) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.090.
(3) { + Except as the board may otherwise provide pursuant to
section 4 (5) of this 1999 Act, + } moneys received { - by the
Health Division - } under this section shall be deposited
{ - and accounted for as provided in ORS 700.251 - } { + into
the account created by the board pursuant to section 9 of this
1999 Act + } and used only for the administration and enforcement
of this chapter.
{ +
THE STATE BOARD OF EXAMINERS FOR + }
{ +
SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY + }
SECTION 159. ORS 681.270 is amended to read:
681.270. (1) A person desiring to obtain a license or
conditional license from the State Board of Examiners for
Speech-Language Pathology and Audiology shall make application to
the board.
(2) The application shall be made upon a form and shall be made
in such a manner as the board prescribes.
(3) The application required by this section shall be
accompanied by a nonrefundable application fee { - prescribed
by - } { + imposed pursuant to + } ORS 681.340.
SECTION 160. ORS 681.340 is amended to read:
681.340. (1) The State Board of Examiners for Speech-Language
Pathology and Audiology may impose { - the following - } fees
in connection with a license or conditional license as a
speech-language pathologist or audiologist { + , including but
not limited to + }:
(a) License { - fee - } { + issuance + } and renewal
{ - thereof in the amount of $100 - } { + fees + }.
(b) Delinquency fee { - in the amount of $10 - } .
(c) Application fee { - in the amount of $30 - } .
(d) Inactive license fee { - in the amount of $20 - } .
(e) Conditional license { - fee - } { + issuance + } and
renewal { - thereof in the amount of $50 - } { + fees + }.
(f) Prorated license fee { - in the amount of $50 - } for
the second year for an active { - licensee and $10 in the
second year for an - } { + or + } inactive licensee.
(2) Every person to whom a license is issued shall, as a
condition precedent to its issuance, and in addition to any
application, examination or other fee, pay the prescribed initial
license fee. The board may, by regulation, provide for waiver of
such fee where the license is issued less than 45 days before the
date on which it will expire.
(3) The fees collected by the board shall be exclusive and no
municipality shall have the right to require any person licensed
under the provisions of this chapter to furnish any bond or pass
any examination.
SECTION 161. ORS 681.400 is amended to read:
681.400. (1) { - There is established in the Health Division
of the Department of Human Resources a - } { + The + } State
Board of Examiners for Speech-Language Pathology and Audiology
{ - consisting - } { + shall operate as a semi-independent
state agency subject to sections 3 to 10 of this 1999 Act, for
purposes of carrying out this chapter. The board shall
consist + } of seven members appointed by the Governor.
(2) 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 162. 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 citizens of this state.
(b) Two members shall be audiologists, licensed under this
chapter.
(c) Two members shall be speech-language pathologists licensed
under this chapter.
(d) One member shall be a person licensed to practice medicine,
who also holds board certification from the American Board of
Otolaryngology.
(e) Two members shall 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 State Board of Examiners for
Speech-Language Pathology and Audiology shall receive
compensation and expenses as { - provided in ORS 292.495 - }
{ + determined by the board + }.
SECTION 163. ORS 681.420 is amended to read:
681.420. The State Board of Examiners for Speech-Language
Pathology and Audiology shall:
(1) Administer, coordinate and enforce the provisions of this
chapter;
(2) Evaluate the qualifications of applicants for any license
as issued under this chapter and supervise the examination of
such applicants;
(3) Investigate persons engaging in practices { - which - }
{ + that + } violate the provisions of this chapter;
(4) Conduct hearings and keep records and minutes as the board
deems necessary to an orderly dispatch of business;
(5) Adopt rules and regulations, including but not limited to
governing ethical standards of practice under this chapter; and
(6) Adopt a seal by which the board shall authenticate its
proceedings. Copies of the proceedings, records and acts of the
board, signed by the chairperson or { - secretary - } { +
administrator + } of the board and stamped with the seal shall be
prima facie evidence of the truth of such documents.
SECTION 164. ORS 681.430 is amended to read:
681.430. (1) The State Board of Examiners for Speech-Language
Pathology and Audiology shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the
functions of such offices as the board determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The State Board of Examiners for Speech-Language Pathology
and Audiology shall meet { - at least once every year at a
place, day and hour - } { + as + } determined by the board. The
board also shall meet at other times and places specified by the
call of the chairperson { - or of a majority of the members of
the board - } .
SECTION 165. ORS 681.450 is amended to read:
681.450. { - Subject to applicable provisions of the State
Personnel Relations Law, - } The State Board of Examiners for
Speech-Language Pathology and Audiology may employ { - a
secretary - } { + an administrator + } and prescribe the duties
and fix the compensation.
SECTION 166. ORS 681.480 is amended to read:
681.480. { + Except as the State Board of Examiners for
Speech-Language Pathology and Audiology may otherwise provide
pursuant to section 4 (5) of this 1999 Act, + } all moneys
received
{ - by the division - } under this chapter shall be paid into
the
{ - Health Division Account in the General Fund in the State
Treasury and such - } { + account created by the board pursuant
to section 9 of this 1999 Act. Those + } moneys hereby are
appropriated continuously { + to the board + }for the
administration and enforcement of this chapter.
SECTION 167. { + ORS 681.470 is repealed. + }
{ +
THE BOARD OF TRUSTEES OF THE CHILDREN'S TRUST FUND + }
SECTION 168. ORS 417.310 is amended to read:
417.310. (1) To accomplish the goals set forth in ORS 417.300
and 417.305, the Director of the Department of Human Resources,
the Superintendent of Public Instruction, the Commissioner for
Community College Services, the { - executive director - }
{ + administrator + } of the Board of Trustees of the
Children's Trust Fund, the executive officer of the Oregon
Progress Board and the State Commission on Children and Families
shall establish the Oregon Coordinating Council for Children and
Families.
(2) The officials named in subsection (1) of this section shall
serve on the council and shall appoint to the council lead
administrators of agency programs that conduct human services or
education programs focused on children or families.
(3) A citizen who has experience with private or nonprofit
providers of services to children and families shall be appointed
to the council by the Governor.
(4) The officials named in subsection (1) of this section shall
convene meetings on at least a quarterly basis.
(5) The purpose of the council shall be to:
(a) Improve cooperation and communication among agencies that
serve children and families;
(b) Collaborate with affected agencies in working toward the
Oregon Progress Board benchmarks assigned to the council by the
Governor;
(c) Coordinate actions of member agencies in support of the
benchmarks and the priorities and outcome established by the
council; and
(d) Identify and reduce barriers to family client-centered
service delivery to children and families.
(6) For state programs providing services to children and
families and education programs, the council shall:
(a) Establish and update priorities and outcomes for children
and families in Oregon;
(b) Make recommendations for modifying or expanding existing
services and programs or adding new services and programs to make
progress toward the Oregon Progress Board benchmarks and council
priorities established in paragraph (a) of this subsection;
(c) Identify barriers to effective coordination and
communication among human service and education service delivery
systems for children and families;
(d) Develop and implement action plans that reduce barriers
identified in paragraph (c) of this subsection;
(e) Make recommendations to other agencies and organizations
that serve children and families in order to improve coordination
and address barriers;
(f) Develop and maintain a coordinated information base for
more effective planning, budgeting and operating;
(g) Work with the Oregon Progress Board to develop an
evaluation mechanism to measure the return on the state's
investment in programs that serve children and families;
(h) Review major policy and organizational changes in member
agencies in the early stages of planning and make recommendations
for implementation and modification in view of the benchmarks and
council priorities;
(i) Review agency plans, programs and budgets to assess how
they meet the benchmarks developed by the Oregon Progress Board
and the priorities and outcomes established by the council;
(j) Receive and review all state reports on children and
families;
(k) Receive from the State Commission on Children and Families
the results of the local planning efforts. Member agencies shall
consider the results in their budgeting and program planning; and
(L) Monitor at least two community-based interagency family
client-centered model projects that integrate staff and resources
from several agencies to:
(A) Ensure active participation of families in service
planning, decision-making and service delivery;
(B) Empower direct service workers to gain access to a broad
continuum of services and flexible funding to meet the needs of
individuals and families served;
(C) Pool funds of multiple service delivery agencies; and
(D) Generate policies for program planning and implementation
at the community level.
SECTION 169. ORS 418.193 is amended to read:
418.193. (1) The Board of Trustees of the Children's Trust Fund
{ - is established and - } { + shall operate as a
semi-independent state agency subject to sections 3 to 10 of this
1999 Act, for purposes of carrying out the provisions of ORS
418.187 to 418.199. The board + } shall consist of 12 members
selected from the various geographic areas of the state and from
the state's diverse populations. Member appointments shall be
based on a demonstrated interest in and knowledge of prevention
of child abuse and neglect. Members shall be appointed by the
Governor.
(2) The term of office of a member of the board 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 reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately
effective for the unexpired term.
(3) The board shall review all applications for contracts
submitted and shall provide funds for applications and contracts
as provided in ORS 418.191 for purposes stated in ORS 418.187 to
418.199 and 432.090.
(4) Members of the board shall receive { - no - }
compensation for their services { + as determined by the
board + }. { - Members of the board other than members employed
in full-time public service shall be reimbursed by the board for
their actual and necessary expenses incurred in the performance
of their duties. Such reimbursements shall be subject to the
provisions of ORS 292.210 to 292.288. - } Members of the board
who are employed in full-time public service may be reimbursed
for their actual and necessary expenses incurred in the
performance of their duties by their employing agency.
(5) The board shall meet { - at least once every three months
and at such other times - } as may be specified by the
chairperson or a majority of the board.
(6) The board shall employ an { - executive director - }
{ + administrator + } and may employ any other employees it
deems necessary for the effective conduct of the work under its
charge. The board may also contract with any member agency of
the Oregon Coordinating Council for Children and Families or any
other private agency for the use of staff and office space.
(7) In accordance with the applicable provisions of ORS 183.310
to 183.550, the Board of Trustees of the Children's Trust Fund
may adopt rules necessary for the administration of the laws that
the board is charged with administering.
{ +
THE OREGON STATE VETERINARY MEDICAL EXAMINING BOARD + }
SECTION 170. ORS 686.170 is amended to read:
686.170. (1) The Oregon State Veterinary Medical Examining
Board is authorized to appoint a committee of not less than three
licensed, practicing veterinarians to investigate any charge made
accusing any person of violating any of the provisions of this
chapter, and to report to the board any facts concerning the
charge, together with any recommendations the committee sees fit
to make. No member of the committee shall reside in the same
territory served by the accused person. The expenses of the
committee shall be { - paid out of the Oregon State Veterinary
Medical Fund - } { + compensated as determined by the
board + }.
(2) Upon receipt of a complaint under this chapter, the board
and any committee shall conduct an investigation as described
under ORS 676.165.
SECTION 171. ORS 686.210 is amended to read:
686.210. (1) { - There is created - } The Oregon State
Veterinary Medical Examining Board { - in the Health Division
which - } { + shall operate as a semi-independent state agency
subject to sections 3 to 10 of this 1999 Act. The board + } shall
carry out the purposes and enforce the provisions of this
chapter. The board shall consist of seven 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. 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) The board may appoint { + and fix the compensation and
duties of + } an { - executive secretary - } { +
administrator + }. Nothing in this chapter shall be construed to
prevent assistance being rendered by the
{ - executive secretary - } { + administrator + } of the
board in any hearing called by { - it - } { + the board + }.
(3) Pursuant to ORS 183.310 to 183.550 the board may adopt
rules necessary for the administration of this chapter.
SECTION 172. ORS 686.230 is amended to read:
686.230. A member { + of the Oregon State Veterinary Medical
Examining Board + } is entitled to compensation and expenses as
{ - provided in ORS 292.495 - } { + determined by the
board + }.
SECTION 173. ORS 686.246 is amended to read:
686.246. { + Except as the Oregon State Veterinary Medical
Examining Board may otherwise provide pursuant to section 4 (5)
of this 1999 Act, + } all moneys received { - by the Health
Division - } under this chapter shall be paid into the
{ - General Fund in the State Treasury and placed to the credit
of the Health Division Account and such - } { + account created
by the board pursuant to section 9 of this 1999 Act. Those + }
moneys hereby are appropriated continuously { + to the
board + } and shall be used only for the administration and
enforcement of this chapter.
SECTION 174. ORS 686.255 is amended to read:
686.255. { - (1) - } The Oregon State Veterinary Medical
Examining Board may impose fees for the following:
{ - (a) - } { + (1) + } License or permit issuance or
renewal.
{ - (b) - } { + (2) + } Examination for licensure.
{ - (c) - } { + (3) + } Temporary license.
{ - (d) - } { + (4) + } Duplicate license.
{ - (e) - } { + (5) + } Veterinary technician license.
{ - (f) - } { + (6) + } Delinquent renewal.
{ - (g) - } { + (7) + } Application and certification fee
for certified euthanasia technicians and employers.
{ - (h) - } { + (8) + } Verification of a license of a
veterinarian applying for license under reciprocity with another
state.
{ - (2) 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. - }
{ +
TRANSITIONAL PROVISIONS + }
SECTION 175. { + Notwithstanding sections 1 to 10a and 25 of
this 1999 Act and the amendments to Oregon Revised Statutes by
sections 11 to 24 and 26 to 174 of this 1999 Act, the lawful
rules of boards in effect immediately prior to the operative date
of sections 1 to 177 of this 1999 Act shall continue in full
force and effect unless superseded by temporary or permanent
rules lawfully adopted on or after the operative date of sections
1 to 177 of this 1999 Act. + }
SECTION 176. { + Notwithstanding sections 1 to 10a and 25 of
this 1999 Act and the amendments to Oregon Revised Statutes by
sections 11 to 24 and 26 to 174 of this 1999 Act, the fee
structure utilized by a board immediately prior to the operative
date of sections 1 to 177 of this 1999 Act shall continue in full
force and effect except as superseded by a fee structure adopted
on or after the operative date of sections 1 to 177 of this 1999
Act. + }
SECTION 177. { + (1) The transfer of boards to
semi-independent state agency status by this 1999 Act shall not
act to cancel, suspend or prevent:
(a) Any lawful debt owing by or to any of those boards;
(b) Any fine, penalty, tax or obligation;
(c) Any contract or other obligation; or
(d) Any action taken by or on behalf of any of the boards in
the administration and enforcement of their duties.
(2) All supplies, materials, equipment, records, books, papers
and facilities of a board as of the date of the transfer of the
board to semi-independent state agency status under this 1999 Act
shall continue under the control of the board as though the
transfer had not occurred. + }
{ +
CAPTIONS + }
SECTION 178. { + The unit captions used in this 1999 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 1999 Act. + }
{ +
PREPARATION + }
SECTION 179. { + The boards may undertake prior to the
operative date of sections 1 to 177 of this 1999 Act any
reasonable and necessary actions to facilitate carrying out the
purposes of this 1999 Act on or after the operative date of
sections 1 to 177 of this 1999 Act. + }
{ +
OPERATIVE DATE + }
SECTION 180. { + Sections 1 to 10a, 25, 175, 176 and 177 of
this 1999 Act and the amendments to Oregon Revised Statutes by
sections 11 to 24 and 26 to 174 of this 1999 Act become operative
July 1, 1999, or 60 days after the effective date of this 1999
Act, whichever is later. + }
{ +
EMERGENCY CLAUSE + }
SECTION 181. { + This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 1999 Act takes effect on
its passage. + }
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