2007 Oregon Code - Chapter 685 :: Chapter 685 - Naturopaths
Chapter 685 —
Naturopaths
2007 EDITION
NATUROPATHS
OCCUPATIONS AND PROFESSIONS
GENERAL PROVISIONS
685.010Â Â Â Â Definitions
685.020Â Â Â Â License
required to practice naturopathic medicine; use of certain titles and
abbreviations; license exemption for students
685.030Â Â Â Â Application
of chapter
685.040Â Â Â Â Application
of health laws
685.050Â Â Â Â Execution
of birth and death certificates
685.055Â Â Â Â Discrimination
by Director of Human Services against naturopathic physicians prohibited
LICENSING
685.060Â Â Â Â Minimum
educational requirements for license; rules
685.070Â Â Â Â Application
for examination; fee
685.080Â Â Â Â Examination
and reexamination of applicants; rules; issuing license
685.085Â Â Â Â Reciprocal
license
685.091Â Â Â Â Exemption
from licensure requirement
685.100Â Â Â Â License
certificate; renewal of license; rules; fees; inactive license
685.102Â Â Â Â Continuing
education required; exemptions; rules
685.104Â Â Â Â Effect
of failure to comply with ORS 685.102; fees; reissuance of registration
685.106Â Â Â Â Approval
of continuing education programs
685.110Â Â Â Â Grounds
for discipline; penalties
685.112Â Â Â Â Voluntary
limitation on license; removal; limitations
685.115Â Â Â Â Confidential
information; liability of person providing information
685.125Â Â Â Â Discipline
procedure; adoption of rules and orders
685.135Â Â Â Â Certificate
of special competency in natural childbirth; rules; fee
FORMULARY
685.145Â Â Â Â Council
on Naturopathic Physicians Formulary; members; duties; compensation and
expenses; rules
STATE BOARD
685.160Â Â Â Â Board
of Naturopathic Examiners; appointment; confirmation
685.170Â Â Â Â Chair
of board; powers; executive director
685.190Â Â Â Â Compensation
and expenses of board members
685.195Â Â Â Â Authority
of Board of Naturopathic Examiners to require fingerprints
685.201Â Â Â Â Board
of Naturopathic Examiners Account; disposition of receipts
PEER REVIEW
685.205Â Â Â Â Peer
review committee; duties; members; board responsibilities; confidentiality;
limitation on liability; investigation; rules
ENFORCEMENT
685.210Â Â Â Â Enforcement;
jurisdiction
685.220Â Â Â Â Report
of suspected violation; confidentiality of violation report information;
liability of supplier
685.225Â Â Â Â Investigation
of complaints and alleged violations; subpoenas
PENALTIES
685.990Â Â Â Â Penalties
GENERAL PROVISIONS
     685.010
Definitions. As used in this
chapter:
     (1) “Accredited naturopathic school or college”
means any naturopathic school or college offering a four-year full-time
resident program of study in naturopathy leading to a doctoral degree in
naturopathic medicine, such program having been approved by the board to meet
the standards specifically incorporated into board rules.
     (2) “Board” means the Board of
Naturopathic Examiners.
     (3) “Drugs” means all medicines and
preparations and all substances, except nonpoisonous plant or animal substances
in therapeutic dosages, food and water, substances listed on the formulary
established under ORS 685.145 (3), over-the-counter substances, nonprescriptive
and non Drug Enforcement Agency regulated homeopathic substances and
nutritional supplements, used or intended to be used for the diagnosis, cure, treatment,
mitigation or prevention of diseases or abnormalities of humans, which are
recognized in the latest editions of the official United States Pharmacopoeia,
official Homeopathic Pharmacopoeia, official National Formulary, or any
supplement to any of them, or otherwise established as drugs.
     (4) “Minor surgery” means the use of
electrical or other methods for the surgical repair and care incident thereto
of superficial lacerations and abrasions, benign superficial lesions, and the
removal of foreign bodies located in the superficial structures; and the use of
antiseptics and local anesthetics in connection therewith.
     (5) “Naturopathic medicine” means the
discipline that includes physiotherapy, natural healing processes and minor
surgery and has as its objective the maintaining of the body in, or of
restoring it to, a state of normal health.
     (6) “Naturopathic physician” means a
person who holds a degree of Doctor of Naturopathic Medicine and is licensed
under this chapter.
     (7) “Nonpoisonous” means a substance taken
in accepted therapeutic dosage that by its action on organs or tissue does not
adversely impair function or destroy human life.
     (8) “Plant or animal substances” means
those substances found in nature that comprise the whole or parts of plants or
animals and constituents thereof and that have not had changes made in their
molecular structure as found in nature. [Amended by 1953 c.557 §4; 1985 c.624 §3;
1989 c.575 §1; 1989 c.945 §3; 1993 c.42 §1; 1999 c.512 §1; 2003 c.154 §1; 2007
c.434 §1]
     685.020
License required to practice naturopathic medicine; use of certain titles and
abbreviations; license exemption for students. (1) Except as provided in subsection (3) of
this section, no person shall practice, attempt to practice, or claim to
practice naturopathic medicine in this state without first complying with the
provisions of this chapter.
     (2) Only licensees under this chapter may
use any or all of the following terms, consistent with academic degrees earned:
“Doctor of Naturopathy” or its abbreviation, “N.D.,” “Naturopath” or “Naturopathic
Physician.” However, none of these terms, or any combination of them, shall be
so used as to convey the idea that the physician who uses them practices
anything other than naturopathic medicine.
     (3) Subsection (1) of this section does
not apply to a bona fide student of naturopathic medicine who, during the
period of the studentÂ’s enrollment and as part of a doctoral course of study in
an Oregon accredited naturopathic educational institution, engages in clinical
training under the supervision of institution faculty, if the clinical training
facility and level of supervision meet the standards adopted by the Board of
Naturopathic Examiners by rule. [Amended by 1997 c.560 §1; 2001 c.526 §1]
     685.030
Application of chapter.
Nothing in this chapter shall be construed to:
     (1) Apply to any physician and surgeon,
osteopath or chiropractor, or to any Christian Scientist or other person who by
religious or spiritual means endeavors to prevent or cure disease or suffering
in accord with the tenets of any church.
     (2) Authorize licensees to practice
optometry or administer chiropractic adjustments, or any system or method of
treatment not authorized in this chapter, or to administer or write
prescriptions for or dispense drugs, or do major surgery except that
naturopathic physicians are not prohibited from recommending the use of
specific and appropriate over-the-counter pharmaceuticals for their patients,
or from prescribing codeine sulfate or codeine phosphate in an appropriate and
safe manner.
     (3) Prevent a licensee under this chapter
from the administration of the anesthetics or antiseptics authorized in ORS
685.010 (4), from ordering diagnostic tests, or from the use of radiopaque
substances administered by mouth or rectum necessary for Roentgen diagnostic
purposes.
     (4) Authorize the administration of any
substance by penetration of the skin or mucous membrane of the human body
except for diagnostic and preventive purposes or for the therapeutic purpose of
administering vitamins and minerals. [Amended by 1953 c.557 §4; 1985 c.624 §4;
1989 c.575 §4; 1989 c.945 §5; 1993 c.55 §1; 1993 c.469 §10; 2001 c.526 §2]
     685.040
Application of health laws.
Licensees under this chapter shall observe and are subject to all state, county
and municipal laws and regulations relating to public health. [Amended by 2001
c.526 §6]
     685.050
Execution of birth and death certificates. Licensees under this chapter are authorized to sign birth and death
certificates. Such certificates so signed shall be accepted as fulfilling all
the requirements of the laws dealing with such certificates. [Amended by 2001
c.526 §7]
     685.055
Discrimination by Director of Human Services against naturopathic physicians
prohibited. The Director of
Human Services shall not discriminate between licensed naturopathic physicians
and any other person authorized by law to render professional services that a
licensed naturopathic physician may render, when such services are required. If
the Department of Human Services is responsible for paying for such services,
the services shall be paid for in the same manner and under the same standards
as similar professional services. [1993 c.366 §2; 2001 c.900 §215]
LICENSING
     685.060
Minimum educational requirements for license; rules. (1) The minimum educational requirements for
a license under the provisions of this chapter shall be:
     (a) At least two years’ satisfactory
liberal arts and sciences study, or either, in a college or university
accredited by either the Northwest Association of Schools and Colleges or a
like regional association or in a college or university in Oregon approved for
granting degrees by the Oregon Student Assistance Commission as evidenced by
certificate or transcript of credits from the college or university; and
     (b) Graduation from an accredited
naturopathic school or college.
     (2)(a) The areas of study required of an
applicant for a license to practice naturopathic medicine in this state shall
include basic sciences, clinical sciences and any naturopathic subjects
specified by the Board of Naturopathic Examiners by rule.
     (b) The board may not include major
surgery as a required area of study under paragraph (a) of this subsection. [Amended
by 1953 c.557 §4; 1969 c.381 §5; 1985 c.624 §5; 1989 c.575 §2; 1997 c.652 §42;
2003 c.154 §2; 2007 c.327 §1]
     685.070
Application for examination; fee. Any person who wishes to practice naturopathic medicine in this state
shall make application to the Board of Naturopathic Examiners for an
examination for a license to practice naturopathic medicine. The application
shall be filed with the board not less than 20 days before the date of the
examination upon blanks provided by the board. The applicant shall pay to the
board the appropriate nonrefundable examination fee. [Amended by 1983 c.281 §1;
1985 c.624 §6; 2007 c.327 §2]
     685.080
Examination and reexamination of applicants; rules; issuing license. (1) An applicant for licensure under this
chapter shall:
     (a) Provide evidence satisfactory to the
Board of Naturopathic Examiners of having successfully passed the basic science
and the core clinical science examinations administered by the North American
Board of Naturopathic Examiners; and
     (b) Pass any additional examinations
required for licensure by the Board of Naturopathic Examiners by rule.
     (2) Notwithstanding subsection (1)(a) of
this section, the board may waive the basic science examination requirement for
licensure for an applicant who is qualified in basic science as a result of
successful performance on an examination determined by the board to be
comparable to the basic science examination required under subsection (1)(a) of
this section and to have been taken recently enough to ensure the currency of
the applicantÂ’s knowledge.
     (3) At a time and place designated by the
board, an applicant for licensure shall take any examinations required by the
board by rule. The board shall publish the time and place of the examinations
at least 30 days prior to the date of the examinations.
     (4) If the applicant passes the required
examinations and satisfies all other requirements for licensure under this
chapter, upon payment of the initial license fee assessed under ORS 685.100,
the board shall issue to the applicant a license to practice naturopathic
medicine.
     (5) If an applicant fails to pass either
the basic science or core clinical science section of the examination, or fails
to pass the sections of the examination covering those subjects required by the
board by rule, then without losing credits for sections passed, the applicant
shall be permitted to retake each section a total of two times within a period
of two years. If, after three attempts, the applicant has not passed the basic
science or core clinical science section of the examination, the applicant shall
be required to wait one year and retake the section. [Amended by 1985 c.624 §7;
1989 c.575 §3; 2007 c.327 §3]
     685.085
Reciprocal license. A person
licensed to practice naturopathic medicine under the laws of another state or
territory of the United States, the District of Columbia or Canada who
demonstrates to the satisfaction of the Board of Naturopathic Examiners that
the person possesses qualifications at least equal to those required of persons
eligible for licensing under this chapter may be issued a license to practice
in this state without written examination upon payment of the license fee
required under ORS 685.100. [1973 c.469 §2; 2001 c.526 §3]
     685.090 [Repealed by 1985 c.624 §21]
     685.091
Exemption from licensure requirement. (1) A naturopathic physician licensed to practice naturopathic
medicine under the laws of another jurisdiction with licensing requirements and
a scope of practice found to be comparable to those for this state by the Board
of Naturopathic Examiners may be exempted from the licensure requirement in ORS
685.020 if that physician:
     (a) Is practicing in
     (b) Is actively engaged in the practice of
naturopathic medicine in the jurisdiction in which the person is licensed.
     (2) A naturopathic physician granted an
exemption under subsection (1) of this section:
     (a) Must comply with the provisions of
this chapter and rules adopted by the board governing the practice of naturopathic
medicine; and
     (b) Is subject to the disciplinary
authority of the board under ORS 685.110 for any violation of the provisions of
this chapter and of rules adopted by the board.
     (3) The board may refuse to grant or may
revoke an exemption of a naturopathic physician for a violation of the
provisions of this chapter or of rules adopted by the board. [2007 c.427 §3]
     Note: 685.091 was added to and made a part of ORS
chapter 685 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     685.100
License certificate; renewal of license; rules; fees; inactive license. (1) Upon approval of an application for a
licensure, the Board of Naturopathic Examiners shall issue a license
certificate that shall be displayed at all times in the office of the person to
whom it was issued while the license is active.
     (2) A person holding an active license
issued under this chapter may apply to the board for license renewal. A
completed renewal application consists of:
     (a) A completed board renewal form
containing any information required by the board to determine the applicantÂ’s
eligibility for license renewal;
     (b) Proof of compliance with continuing
education requirements set by the board; and
     (c) Payment of the active license renewal
fee established by the board under subsection (8) of this section.
     (3) Failure to submit a completed renewal
application annually by December 31, or by such date as may be specified by
board rule, shall result in the lapse of the license. A lapsed license may be
restored by the board upon receipt, not more than 30 days after the license
lapses, of a completed renewal application and payment of the restoration fee
under subsection (8) of this section.
     (4) A license that has lapsed for more
than one month may be restored by the board upon payment of the restoration fee
established by the board and submission of a completed renewal application and
any other information required by the board.
     (5) A person holding an active license
under this chapter may convert the license to inactive status by meeting the
requirements set by rule of the board and paying any required fees. A person
holding a license issued under this chapter who is at least 70 years of age and
retired from the practice of naturopathic medicine may convert the license to
retired status by meeting the requirements set by rule of the board and paying
any required fees.
     (6)(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 renewal fee for an active license and demonstrating compliance with
ORS 685.102. A fee paid to place the license in inactive status shall not be
credited toward payment of the renewal fee for an active license. The board may
prorate the renewal 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 renewal fee
for an active license and demonstrating compliance with the continuing
education requirement set by rule of the board under ORS 685.102 (6). The board
may prorate the renewal fee.
     (7) The executive director of the board
shall issue a renewal notice to each person holding a license under this
chapter at least 60 days before the renewal application is due.
     (8) The board shall assess fees for:
     (a) An initial license.
     (b) Examination.
     (c) Renewal of an active license.
     (d) Yearly renewal of an inactive or
retired license.
     (e) Restoration of an inactive, lapsed or
revoked license.
     (f) A certificate of special competency in
natural childbirth.
     (g) A duplicate license.
     (h) A wall certificate.
     (i) Copies of public documents, mailing
labels, lists and diskettes.
     (9) 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 boardÂ’s
budget, as the budget may be modified by the Emergency Board. [Amended by 1967
c.44 §2; 1969 c.26 §2; 1969 c.381 §6; 1973 c.182 §5; 1983 c.281 §2; 1985 c.624 §9;
1991 c.703 §28; 1997 c.628 §1; 1999 c.479 §1; 2001 c.526 §4; 2003 c.154 §3;
2007 c.327 §4; 2007 c.768 §48a]
     685.102
Continuing education required; exemptions; rules. (1) Except as provided in subsections (2)
and (5) of this section, each person holding a license under this chapter shall
submit annually by December 31, evidence satisfactory to the Board of
Naturopathic Examiners of successful completion of an approved program of
continuing education of at least 25 hours in naturopathic medicine, completed
in the calendar year preceding the date on which the evidence is submitted, and
completion during the renewal period, or documentation of previous completion,
of:
     (a) A pain management education program
approved by the board and developed in conjunction with the Pain Management
Commission established under ORS 409.500; or
     (b) An equivalent pain management
education program, as determined by the board.
     (2) The board may exempt any person
holding a license under this chapter from the requirements of subsection (1) of
this section upon application showing evidence satisfactory to the board of
inability to comply with the requirements because of physical or mental
condition or because of other unusual or extenuating circumstances. However, a
person may not be exempted from the requirements of subsection (1) of this
section more than once in any five-year period.
     (3) Notwithstanding subsection (2) of this
section, a person holding a license under this chapter may be exempted from the
requirements of subsection (1) of this section upon application showing
evidence satisfactory to the board that the applicant is or will be in the next
calendar year at least 70 years of age and is retired or will retire in the
next calendar year from the practice of naturopathic medicine.
     (4) The board shall require licensees to
obtain continuing education for the use of pharmacological substances for diagnostic,
preventive and therapeutic purposes in order to maintain current licensure.
     (5) A person whose license is in inactive
status must submit by December 31 of each year evidence satisfactory to the
board of completion of 10 hours of approved continuing education in the
calendar year preceding the date on which the evidence is submitted.
     (6) Notwithstanding subsections (1), (2)
and (5) of this section, in the case of an applicant under ORS 685.100 (6)(b)
for reactivation of an inactive license, the continuing education requirement
for reactivation shall be set by rule of the board. [1969 c.381 §2; 1973 c.829 §67;
1985 c.624 §10; 1993 c.55 §2; 1997 c.628 §2; 1999 c.479 §2; 2001 c.987 §17;
2003 c.154 §§4,5; 2007 c.327 §5]
     685.104
Effect of failure to comply with ORS 685.102; fees; reissuance of registration. (1) The Board of Naturopathic Examiners
shall refuse to issue the certificate of registration to any person holding a
license under this chapter who fails to submit with any fees due the proof required
under ORS 685.102, unless the board has exempted the person from the
requirements of ORS 685.102 (1). The board shall return any fees submitted by a
person that fails to submit proof required under ORS 685.102 or that fails to
submit all fees due.
     (2) After January 1 of any year, the board
may issue a certificate of 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 license renewal fee for each year the fee remains
unpaid and a restoration fee of $75 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. [1969 c.381 §3; 1973 c.182 §6; 1985 c.624 §11;
1997 c.629 §1; 2007 c.327 §6]
     685.106
Approval of continuing education programs. (1) The Board of Naturopathic Examiners may offer a program of
continuing education in naturopathic medicine to meet the requirements of ORS
685.102. The board may also approve a program to be presented by persons
reasonably qualified to do so.
     (2) Any person seeking approval of a
program of continuing education in naturopathic medicine, to be offered to
assist persons holding licenses under this chapter to comply with the
requirements of ORS 685.102 (1), shall submit to the board, at such time as the
board may require, copies of courses of study to be offered and proof of such
other qualifications as the board may require. Approval granted to any program
of continuing education shall be reviewed periodically and approval may be
withdrawn from any program that fails to meet the requirements of the board.
     (3) Any program of continuing education in
naturopathic medicine offered or approved under this section shall consist of
study covering new, review, experimental, research and specialty subjects in
the field of naturopathic medicine. [1969 c.381 §4; 1985 c.624 §12]
     685.110
Grounds for discipline; penalties. The Board of Naturopathic Examiners may refuse to grant a license, may
suspend or revoke a license, may limit a license, may impose probation, may
issue a letter of reprimand and may impose a civil penalty not to exceed $1,000
for each offense for any of the following reasons:
     (1) The use of fraud or deception in
securing a license.
     (2) The impersonation of another
physician.
     (3) Practicing naturopathic medicine under
an assumed name.
     (4) The performance of an abortion.
     (5) The conviction of a crime involving
moral turpitude.
     (6) Any other reason that renders the
applicant or licensee unfit to perform the duties of a naturopathic physician.
     (7) Conviction of a crime relating to
practice of naturopathic medicine.
     (8) Negligence related to the practice of
naturopathic medicine.
     (9) Habitual or excessive use of
intoxicants, drugs or controlled substances.
     (10) Prescribing or dispensing drugs
outside the scope of practice.
     (11) Commitment to a mental institution
for the treatment of a mental disease that affects the ability of the applicant
or licensee to safely practice naturopathic medicine.
     (12) Obtaining a fee through fraud or
misrepresentation.
     (13) Gross or repeated malpractice.
     (14) Representing to a patient that a
manifestly incurable condition of sickness, disease or injury can be
permanently cured.
     (15) Any conduct or practice contrary to a
recognized standard of ethics of the profession or any conduct or practice that
does or might constitute a danger to the health or safety of a patient or the
public or any conduct, practice or condition that does or might impair a
physicianÂ’s ability safely and skillfully to practice naturopathic medicine.
     (16) Willful and consistent utilization of
any naturopathic service, X-ray equipment or treatment that is contrary to
recognized standards of practice of the naturopathic profession.
     (17) Failure to notify the board within 30
days of a change in the location of practice or of mailing address.
     (18) Attempting to practice naturopathic
medicine or practicing or claiming to practice naturopathic medicine or any of
its components in this state without first complying with the provisions of this
chapter.
     (19) Suspension or revocation of a license
to practice naturopathic medicine in another jurisdiction.
     (20) Employing unlicensed persons to
practice naturopathic medicine.
     (21) Practicing natural childbirth without
first obtaining a certificate of special competency.
     (22) Representing that the licensee is a
medical specialist or practices a medical specialty.
     (23) Failure to respond in a timely manner
to a request for information regarding a complaint or the investigation of a
complaint by the board.
     (24) Failure to pay a civil penalty in the
time specified by the order imposing the penalty.
     (25) Violation of any provision of this
chapter or rules adopted by the board. [Amended by 1953 c.555 §2; 1971 c.734 §132;
1985 c.624 §13; 1989 c.146 §3; 2001 c.526 §5; 2003 c.155 §1]
     685.112
Voluntary limitation on license; removal; limitations. A licensee or an applicant for licensure may
request in writing to the Board of Naturopathic Examiners a voluntary
limitation of a license to practice naturopathic medicine. The board may grant
the request for a voluntary limitation and has the authority, if it deems
appropriate, to attach conditions to the license of the licensee or to the
license issued to the applicant within the provisions of ORS 685.060 to 685.110
and 685.135. Removal of a voluntary limitation of a license to practice
naturopathic medicine shall be determined by the board. The board may not grant
a voluntary limitation of a license to practice naturopathic medicine to a
licensee who is under investigation by the board, on probation or whose license
is under suspension. [2007 c.427 §2]
     685.115
Confidential information; liability of person providing information. (1) Any information that the Board of
Naturopathic Examiners obtains under ORS 685.225 is confidential as provided
under ORS 676.175.
     (2) Any person who in good faith provides
information to the board shall not be subject to an action for civil damages as
a result thereof. [1989 c.438 §6; 1997 c.791 §38; 2001 c.526 §8]
     685.120 [Repealed by 1971 c.734 §21]
     685.125
Discipline procedure; adoption of rules and orders. (1) Where the Board of Naturopathic
Examiners proposes to refuse to issue or renew except for nonpayment of fees or
nonsubmittal of continuing education hours a license, or proposes to impose any
of the sanctions set forth in ORS 685.110, opportunity for hearing shall be
accorded as provided in ORS chapter 183.
     (2) Promulgation of rules, conduct of
hearings, issuance of orders and judicial review of rules and orders shall be
as provided in ORS chapter 183. [1971 c.734 §134; 1985 c.624 §14]
     685.135
Certificate of special competency in natural childbirth; rules; fee. (1) No naturopath shall practice natural
childbirth without first obtaining a certificate of special competency in
natural childbirth in accordance with the provisions of this section.
     (2) Upon payment of the fee required under
ORS 685.100, the Board of Naturopathic Examiners shall issue a certificate of
special competency in natural childbirth to a licensed naturopath who meets the
requirements prescribed by the board to practice natural childbirth.
     (3) The board may adopt rules applicable
to specialty certification:
     (a) Which establish education, training
and qualifications necessary for certification.
     (b) Which limit or restrict specialty
practice.
     (c) Which define the scope of the
specialty practice.
     (d) Which establish procedures for
maintaining certification.
     (4) Only those naturopaths wishing to
practice natural childbirth shall be required to satisfy educational and
examination standards in these areas. [1985 c.624 §19; 1999 c.479 §3]
FORMULARY
     685.145
Council on Naturopathic Physicians Formulary; members; duties; compensation and
expenses; rules. (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 Oregon
Medical Board appointed by the Oregon Medical Board; and
     (e) Two additional members appointed by
the council who hold an advanced degree in a medical or pharmaceutical science.
     (2) The chair of the council shall be
elected by a majority of the members.
     (3) 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 memberÂ’s family.
     (6) Members of the council shall be
entitled to compensation and expenses under ORS 292.495 payable from funds
available to the Board of Naturopathic Examiners. [1989 c.945 §2 (1) to (6);
2007 c.428 §1]
STATE BOARD
     685.160
Board of Naturopathic Examiners; appointment; confirmation. (1) There hereby is created the Board of
Naturopathic Examiners in the Department of Human Services. The board shall
consist of seven 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. If there is a
vacancy for any cause, the Governor shall appoint a member to serve for the
remainder of the unexpired term. 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) Five members shall be naturopaths who
have each practiced continuously in this state for the five years immediately
prior to the date of appointment.
     (c) Two shall be members of the general
public who do 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. [Amended by 1971 c.650 §34; 1973 c.792 §40; 1985
c.624 §15; 2003 c.156 §1]
     685.170
Chair of board; powers; executive director. Annually, the Board of Naturopathic Examiners shall elect one of its
members chair. The chair shall have power during the term of office to summon
witnesses, administer oaths and take testimony and affidavits. The executive
director of the board or a designee of the executive director shall keep a
record of all actions of the board, including a detailed register of applicants
for a license. The board shall employ or appoint a person to act as executive
director of the board and perform such duties and functions as may be
prescribed by the board. [Amended by 1973 c.829 §68; 1983 c.281 §3; 2003 c.154 §6;
2007 c.327 §7]
     685.180 [Repealed by 1973 c.829 §71]
     685.190
Compensation and expenses of board members. A member is entitled to compensation and expenses as provided in ORS
292.495. [Amended by 1967 c.44 §3; 1969 c.314 §86; 1987 c.158 §143]
     685.195
Authority of Board of Naturopathic Examiners to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the Board of Naturopathic
Examiners may require the fingerprints of a person who:
     (1) Is employed or applying for employment
by the board in a position in which the person has or will have access to
information that is made confidential under state or federal laws, rules or
regulations;
     (2) Provides services or seeks to provide
services to the board as a contractor, vendor or volunteer in a position in
which the person has or will have access to information that is made
confidential under state or federal laws, rules or regulations;
     (3) Is applying for a license or
certificate that is issued by the board;
     (4) Is applying for renewal of a license
or certificate that is issued by the board; or
     (5) Is under investigation by the board. [2005
c.730 §58]
     Note: 685.195 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 685 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     685.200 [Amended by 1967 c.637 §32; repealed by 1973
c.427 §28 (685.201 enacted in lieu of 685.200)]
     685.201
Board of Naturopathic Examiners Account; disposition of receipts. The Board of Naturopathic Examiners Account
is established in the State Treasury, separate and distinct from the General
Fund. All moneys received by the Board of Naturopathic Examiners under this
chapter shall be deposited into the account and are continuously appropriated
to the board to be used only for the administration and enforcement of this
chapter. Any interest or other income from moneys in the account shall be
credited to the account. [1973 c.427 §29 (enacted in lieu of 685.200); 2005
c.726 §6]
PEER REVIEW
     685.205
Peer review committee; duties; members; board responsibilities;
confidentiality; limitation on liability; investigation; rules. (1) The Board of Naturopathic Examiners
shall appoint a peer review committee consisting of five members. The peer
review committee shall evaluate complaints against naturopathic physicians
which are referred to it by the board, and make recommendations to the board
regarding those complaints. The board exercises ultimate authority and control
over all complaints considered by the committee, approving or disapproving the
recommendations of the committee.
     (2) The members of a peer review committee
shall be appointed from among those in the profession who are in active
practice with five or more years of practice experience. Members shall be
representative of affiliated and nonaffiliated naturopathic physicians and
representative of various aspects of the practice of naturopathic medicine. To
be appointed a member must receive at least four votes from members of the
state board. Members shall each serve two-year terms. No member may serve more
than two consecutive terms.
     (3) The peer review process shall be
governed by rules of the board adopted pursuant to ORS chapter 183. The board
shall provide appropriate training for members of peer review committees. The
board by rule shall provide for a program of active supervision by the board
over the conduct of the peer review committee to determine whether it comports
with state regulatory policy and to correct abuses, if any.
     (4) Members of a peer review committee
acting pursuant to this section are agents of the board for purposes of ORS
30.260 to 30.300.
     (5) Peer review shall not be used to
replace independent medical examinations.
     (6) Any information provided to a peer
review committee in the performance of its duties is confidential and shall not
be subject to public disclosure or admissible as evidence in any judicial
proceeding, except that as a part of a peer review report, this information may
be disclosed to the board and the person being reviewed.
     (7) Any person who reports or provides
information to a peer review committee in the performance of its duties and who
provides information in good faith shall not be subject to an action for civil
damages as a result thereof.
     (8) Upon receipt of a complaint under this
chapter, the peer review committee shall conduct an investigation as described
under ORS 676.165. [1989 c.146 §2; 1989 c.575 §5; 1997 c.791 §39; 2001 c.526 §9]
ENFORCEMENT
     685.210
Enforcement; jurisdiction.
(1) The district attorneys of the state shall prosecute all persons charged
with violation of any of the provisions of this chapter.
     (2) Justice courts, municipal courts and
circuit courts have concurrent jurisdiction for the prosecution of offenses
under this chapter.
     (3) The Board of Naturopathic Examiners,
in its own name, may maintain an action for an injunction against any person
violating ORS 685.020. A person who has been so enjoined may be punished for
contempt by the court issuing the injunction. An injunction may be issued
without proof of actual damage sustained by any person. An injunction does not
relieve a person from criminal prosecution for violation of ORS 685.020 or from
any other civil, criminal or disciplinary remedy. [Amended by 1985 c.624 §16;
2005 c.215 §1]
     685.220
Report of suspected violation; confidentiality of violation report information;
liability of supplier. (1)
Any Board of Naturopathic Examiners licensee shall, and any other person may,
report to the board any suspected violation of the provisions of this chapter.
     (2) Information pertaining to the report
required by subsection (1) of this section shall remain confidential and not be
subject to public disclosure.
     (3) Any person who reports or provides
information to the board under this section in good faith shall not be subject
to an action for civil damages as a result thereof. [1985 c.624 §20]
     685.225
Investigation of complaints and alleged violations; subpoenas. (1) Upon the complaint of any citizen of
this state, or upon its own motion, the Board of Naturopathic Examiners may
investigate any alleged violation of this chapter.
     (2) In the conduct of investigations, the
board may:
     (a) Take evidence;
     (b) Take the depositions of witnesses,
including the person charged, in the manner provided by law in civil cases;
     (c) Compel the appearance of witnesses,
including the person charged, before the board in person the same as in civil
cases;
     (d) Require answers to interrogatories;
and
     (e) Compel the production of books,
papers, accounts, documents and testimony pertaining to the matter under
investigation.
     (3) In exercising its authority under
subsection (2) of this section, the board may issue subpoenas over the
signature of the board chairperson and the seal of the board in the name of the
State of
PENALTIES
     685.990
Penalties. (1) Violation of
any provision of this chapter is a Class A misdemeanor.
     (2)(a) In addition to any other sanctions
authorized by law, the Board of Naturopathic Examiners may impose a civil
penalty not to exceed $5,000 for each violation of any provision of this
chapter, or of any rule adopted by the board.
     (b) Civil penalties imposed under this
subsection shall be imposed as provided in ORS 183.745. [Amended by 1999 c.1051
§218; 2005 c.215 §2]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.