Bill Text: OR HB3496 | 2013 | Regular Session | Introduced
Bill Title: Relating to the Oregon Health Licensing Agency; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3496 Detail]
Download: Oregon-2013-HB3496-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3895
House Bill 3496
Sponsored by Representative HOYLE
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.
Transfers duties, functions and powers relating to issuance of
authorizations and enforcement and certain other duties,
functions and powers, from State Board of Psychologist Examiners,
Occupational Therapy Licensing Board, State Board of Licensed
Social Workers, Oregon Board of Licensed Professional Counselors
and Therapists, State Board of Examiners for Speech-Language
Pathology and Audiology, State Board of Chiropractic Examiners,
Oregon Board of Naturopathic Medicine, Board of Medical Imaging
and State Mortuary and Cemetery Board to Oregon Health Licensing
Agency.
Provides that boards under and councils within Oregon Health
Licensing Agency have final order authority over contested case
proceedings.
Becomes operative January 1, 2014.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Oregon Health Licensing Agency; creating new
provisions; amending ORS 40.250, 40.262, 97.825, 97.931,
97.933, 97.941, 97.948, 97.949, 109.675, 128.640, 146.015,
192.450, 401.651, 414.665, 430.010, 431.960, 431.972, 432.005,
432.312, 433.010, 433.035, 433.045, 433.235, 438.220, 441.057,
656.005, 656.799, 675.030, 675.050, 675.063, 675.065, 675.070,
675.075, 675.085, 675.087, 675.110, 675.115, 675.130, 675.140,
675.150, 675.230, 675.240, 675.250, 675.270, 675.280, 675.290,
675.300, 675.320, 675.330, 675.335, 675.336, 675.340, 675.385,
675.510, 675.530, 675.532, 675.533, 675.537, 675.540, 675.545,
675.550, 675.560, 675.565, 675.571, 675.580, 675.583, 675.585,
675.595, 675.600, 675.715, 675.720, 675.725, 675.735, 675.745,
675.755, 675.765, 675.785, 675.805, 675.825, 675.835, 675.990,
675.992, 675.994, 676.110, 676.120, 676.130, 676.150, 676.160,
676.306, 676.350, 676.400, 676.410, 676.606, 676.608, 676.609,
676.610, 676.612, 676.613, 676.622, 676.625, 676.992, 677.060,
678.725, 678.820, 681.230, 681.260, 681.264, 681.270, 681.285,
681.300, 681.320, 681.325, 681.330, 681.340, 681.350, 681.360,
681.420, 681.440, 681.480, 681.490, 681.495, 681.505, 684.040,
684.050, 684.054, 684.060, 684.090, 684.092, 684.094, 684.100,
684.105, 684.112, 684.150, 684.155, 684.156, 684.160, 684.171,
684.185, 684.190, 684.200, 685.030, 685.070, 685.080, 685.085,
685.091, 685.100, 685.102, 685.104, 685.110, 685.112, 685.115,
685.125, 685.135, 685.160, 685.201, 685.205, 685.210, 685.220,
685.225, 685.990, 687.490, 688.125, 688.405, 688.415, 688.445,
688.455, 688.485, 688.495, 688.505, 688.515, 688.520, 688.525,
688.560, 688.585, 688.595, 688.600, 688.605, 688.915, 690.025,
690.167, 692.025, 692.045, 692.105, 692.140, 692.143, 692.146,
692.148, 692.160, 692.170, 692.180, 692.190, 692.230, 692.260,
692.265, 692.270, 692.275, 692.320, 692.350, 692.375, 692.385,
692.387, 692.389, 743.918 and 743A.168 and section 2, chapter
50, Oregon Laws 2010; repealing ORS 675.597, 681.450, 681.460,
685.195 and 688.557; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
OVERSIGHT BY OREGON HEALTH LICENSING AGENCY + }
SECTION 1. ORS 676.606 is amended to read:
676.606. Pursuant to ORS 676.607, the Oregon Health Licensing
Agency shall provide administrative and regulatory oversight and
centralized service for the following boards, advisory councils
and programs:
{ - (1) Board of Athletic Trainers, as provided in ORS
688.701 to 688.734; - }
{ - (2) Board of Cosmetology, as provided in ORS 690.005 to
690.235; - }
{ - (3) State Board of Denture Technology, as provided in ORS
680.500 to 680.565; - }
{ - (4) State Board of Direct Entry Midwifery, as provided in
ORS 687.405 to 687.495; - }
{ - (5) Respiratory Therapist and Polysomnographic
Technologist Licensing Board, as provided in ORS 688.800 to
688.840; - }
{ - (6) Environmental Health Registration Board, as provided
in ORS chapter 700; - }
{ - (7) Board of Body Art Practitioners, as provided in ORS
690.350 to 690.415; - }
{ - (8) Advisory Council on Hearing Aids, as provided in ORS
694.015 to 694.185; - }
{ - (9) Sex Offender Treatment Board, as provided in ORS
675.360 to 675.410; - }
{ - (10) Nursing Home Administrators Board, as provided in
ORS 678.710 to 678.820; and - }
{ - (11) Board of Licensed Dietitians, as provided in ORS
691.405 to 691.485. - }
{ + (1) State Board of Psychologist Examiners, as provided in
ORS 675.010 to 675.150;
(2) Occupational Therapy Licensing Board, as provided in ORS
675.210 to 675.340;
(3) Sex Offender Treatment Board, as provided in ORS 675.360 to
675.410;
(4) State Board of Licensed Social Workers, as provided in ORS
675.510 to 675.600, 675.992 and 675.994;
(5) Oregon Board of Licensed Professional Counselors and
Therapists, as provided in ORS 675.715 to 675.835;
(6) Nursing Home Administrators Board, as provided in ORS
678.710 to 678.820;
(7) State Board of Denture Technology, as provided in ORS
680.500 to 680.565;
(8) State Board of Direct Entry Midwifery, as provided in ORS
687.405 to 687.495;
(9) Board of Medical Imaging, as provided in ORS 688.405 to
688.605 and 688.915;
(10) Board of Athletic Trainers, as provided in ORS 688.701 to
688.734;
(11) Respiratory Therapist and Polysomnographic Technologist
Licensing Board, as provided in ORS 688.800 to 688.840;
(12) Board of Cosmetology, as provided in ORS 690.005 to
690.235;
(13) Board of Body Art Practitioners, as provided in ORS
690.350 to 690.415;
(14) Board of Licensed Dietitians, as provided in ORS 691.405
to 691.485;
(15) Advisory Council on Hearing Aids, as provided in ORS
694.015 to 694.185;
(16) State Board of Examiners for Speech-Language Pathology and
Audiology, as provided in ORS chapter 681;
(17) State Board of Chiropractic Examiners, as provided in ORS
chapter 684;
(18) Oregon Board of Naturopathic Medicine, as provided in ORS
chapter 685;
(19) State Mortuary and Cemetery Board, as provided in ORS
chapter 692; and
(20) Environmental Health Registration Board, as provided in
ORS chapter 700. + }
SECTION 2. ORS 676.610 is amended to read:
676.610. (1)(a) The Oregon Health Licensing Agency is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers and for the
organization of the agency.
(b) The Director of the Oregon Department of Administrative
Services shall establish the qualifications for and appoint the
Director of the Oregon Health Licensing Agency, who holds office
at the pleasure of the Director of the Oregon Department of
Administrative Services.
(c) The Director of the Oregon Health Licensing Agency shall
receive a salary as provided by law or, if not so provided, as
prescribed by the Director of the Oregon Department of
Administrative Services.
(d) The Director of the Oregon Health Licensing Agency is in
the unclassified service.
(2) The Director of the Oregon Health Licensing Agency shall
provide the boards, councils and programs administered by the
agency with such services and employees as the agency requires to
carry out the agency's duties. Subject to any applicable
provisions of the State Personnel Relations Law, the Director of
the Oregon Health Licensing Agency shall appoint all subordinate
officers and employees of the agency, prescribe their duties and
fix their compensation.
(3) The Director of the Oregon Health Licensing Agency is
responsible for carrying out the duties, functions and powers
under ORS { + 675.010 to 675.150, 675.210 to 675.340, + }
675.360 to 675.410, { + 675.510 to 675.600, 675.715 to 675.835,
675.992, 675.994, + } 676.605 to 676.625, 676.992, 678.710 to
678.820, 680.500 to 680.565, 687.405 to 687.495, 687.895,
{ + 688.405 to 688.605, + } 688.701 to 688.734, 688.800 to
688.840, { + 688.915, + } 690.005 to 690.235, 690.350 to
690.415, 691.405 to 691.485 and 694.015 to 694.185 and ORS
{ - chapter 700 - } { + chapters 681, 684, 685, 692 and
700 + }.
(4) The enumeration of duties, functions and powers in
subsection (3) of this section is not intended to be exclusive or
to limit the duties, functions and powers imposed on or vested in
the Oregon Health Licensing Agency by other statutes.
SECTION 3. ORS 676.613 is amended to read:
676.613. (1) In addition to all other remedies, when it appears
to the Oregon Health Licensing Agency that a person is engaged
in, has engaged in or is about to engage in any act, practice or
transaction that violates any provision of ORS { + 675.010 to
675.150, 675.210 to 675.340, + } 675.360 to 675.410, { + 675.510
to 675.600, 675.715 to 675.835, + } 676.617, 678.710 to 678.820,
680.500 to 680.565, 687.405 to 687.495, { + 688.405 to
688.605, + } 688.701 to 688.734, 688.800 to 688.840, 690.005 to
690.235, 690.350 to 690.415, 691.405 to 691.485 or 694.015 to
694.185 or ORS { - chapter 700 - } { + chapters 681, 684,
685, 692 or 700 + }, the agency may, through the Attorney General
or the district attorney of the county in which the act, practice
or transaction occurs or will occur, apply to the court for an
injunction restraining the person from the act, practice or
transaction.
(2) A court may issue an injunction under this section without
proof of actual damages. An injunction issued under this section
does not relieve a person from any other prosecution or
enforcement action taken for violation of statutes listed in
subsection (1) of this section.
SECTION 4. ORS 676.622 is amended to read:
676.622. (1) A transaction conducted through a state or local
system or network that provides electronic access to the Oregon
Health Licensing Agency information and services is exempt from
any requirement under ORS { + 675.010 to 675.150, 675.210 to
675.340, + } 675.360 to 675.410, { + 675.510 to 675.600, 675.715
to 675.835, + } 676.605 to 676.625, 676.992, 680.500 to 680.565,
687.405 to 687.495, { + 688.405 to 688.605, + } 688.701 to
688.734, 688.800 to 688.840, 690.005 to 690.235, 690.350 to
690.415, 691.405 to 691.485 and 694.015 to 694.185 and ORS
{ - chapter 700 - } { + chapters 681, 684, 685, 692 and
700 + }, and rules adopted thereunder, requiring an original
signature or the submission of handwritten materials.
(2) Electronic signatures subject to ORS 84.001 to 84.061 and
facsimile signatures are acceptable and have the same force as
original signatures.
SECTION 5. ORS 676.625 is amended to read:
676.625. (1) The Oregon Health Licensing Agency shall establish
by rule and shall collect fees and charges to carry out the
agency's responsibilities under ORS 676.605 to 676.625 and
676.992 and any responsibility imposed on the agency pertaining
to the boards, councils and programs administered and regulated
by the agency pursuant to ORS 676.606.
(2) The Oregon Health Licensing Agency Account is established
in the General Fund of the State Treasury. The account shall
consist of the moneys credited to the account by the Legislative
Assembly. All moneys in the account are appropriated continuously
to and shall be used by the Oregon Health Licensing Agency for
payment of expenses of the agency in carrying out the duties,
functions and obligations of the agency, and for payment of the
expenses of the boards, councils and programs administered and
regulated by the agency pursuant to ORS 676.606. The agency shall
keep a record of all moneys credited to the account and report
the source from which the moneys are derived and the activity of
each board, council or program that generated the moneys.
(3) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting fees and charges credited to the account, the fees
and charges may not exceed the cost of administering the agency
and the boards, councils and programs within the agency, as
authorized by the Legislative Assembly within the agency's
budget, as the budget may be modified by the Emergency Board.
(4) All moneys credited to the account pursuant to ORS { +
675.140, 675.330, + } 675.405, { + 675.571, 675.805, + }
676.617, 680.525, { + 681.480, 684.171, 685.201, + } 687.435,
{ + 688.585, + } 688.728, 688.834, 690.235, 690.415, 691.479,
{ + 692.375, + } 694.185 and 700.080, and moneys credited to the
account from other agency and program fees established by the
agency by rule, are continuously appropriated to the agency for
carrying out the duties, functions and powers of the agency under
ORS 676.605 to 676.625 and 676.992.
(5) The moneys received from civil penalties assessed under ORS
676.992 shall be deposited and accounted for as are other moneys
received by the agency and shall be for the administration and
enforcement of the statutes governing the boards, councils and
programs administered by the agency.
SECTION 6. ORS 676.992 is amended to read:
676.992. (1) Except as provided in subsection (3) of this
section, and in addition to any other penalty or remedy provided
by law, the Oregon Health Licensing Agency may impose a civil
penalty not to exceed $5,000 for each violation of { - the
following statutes and any rule adopted thereunder: - } { + ORS
675.010 to 675.150, 675.210 to 675.340, 675.360 to 675.410,
675.510 to 675.600, 675.715 to 675.835, 676.612, 676.617, 678.710
to 678.820, 680.500 to 680.565, 687.405 to 687.495, 688.405 to
688.605, 688.701 to 688.734, 688.800 to 688.840, 690.005 to
690.235, 690.350 to 690.415, 691.405 to 691.485 and 694.015 to
694.185, ORS chapters 681, 684, 685, 692 and 700 and any rule
adopted under those provisions. + }
{ - (a) ORS 688.701 to 688.734 (athletic training); - }
{ - (b) ORS 690.005 to 690.235 (cosmetology); - }
{ - (c) ORS 680.500 to 680.565 (denture technology); - }
{ - (d) ORS 687.405 to 687.495 (direct entry midwifery); - }
{ - (e) ORS 690.350 to 690.415 (tattooing, electrolysis, body
piercing, dermal implanting and scarification); - }
{ - (f) ORS 694.015 to 694.185 (dealing in hearing aids); - }
{ - (g) ORS 688.800 to 688.840 (respiratory therapy and
polysomnography); - }
{ - (h) ORS chapter 700 (environmental sanitation); - }
{ - (i) ORS 676.617 (single facility licensure); - }
{ - (j) ORS 675.360 to 675.410 (sex offender treatment); - }
{ - (k) ORS 678.710 to 678.820 (nursing home
administrators); - }
{ - (L) ORS 691.405 to 691.485 (dietitians); and - }
{ - (m) ORS 676.612 (prohibited acts). - }
(2) The agency may take any other disciplinary action that it
finds proper, including but not limited to assessment of costs of
disciplinary proceedings, not to exceed $5,000, for violation of
any statute listed in subsection (1) of this section or any rule
adopted under any statute listed in subsection (1) of this
section.
(3) Subsection (1) of this section does not limit the amount of
the civil penalty resulting from a violation of ORS 694.042.
(4) In imposing a civil penalty pursuant to this section, the
agency shall consider the following factors:
(a) The immediacy and extent to which the violation threatens
the public health or safety;
(b) Any prior violations of statutes, rules or orders;
(c) The history of the person incurring a penalty in taking all
feasible steps to correct any violation; and
(d) Any other aggravating or mitigating factors.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(6) The moneys received by the agency from civil penalties
under this section shall be paid into the General Fund of the
State Treasury and credited to the Oregon Health Licensing Agency
Account established under ORS 676.625. Such moneys are
continuously appropriated to the agency for the administration
and enforcement of the laws the agency is charged with
administering and enforcing that govern the person against whom
the penalty was imposed.
{ +
FINAL ORDER AUTHORITY + }
SECTION 6a. { + The Oregon Health Licensing Agency shall
delegate final order authority in contested case hearings as
follows: + }
{ + (1) To the State Board of Psychologist Examiners for
purposes related to the practice of psychology under ORS 675.010
to 675.150;
(2) To the Occupational Therapy Licensing Board for purposes
related to occupational therapy under ORS 675.210 to 675.340;
(3) To the Sex Offender Treatment Board for purposes related to
sex offender therapy under ORS 675.360 to 675.410;
(4) To the State Board of Licensed Social Workers for purposes
related to social work under ORS 675.510 to 675.600, 675.992 and
675.994;
(5) To the Oregon Board of Licensed Professional Counselors and
Therapists for purposes related to professional counseling or
marriage and family therapy under ORS 675.715 to 675.835;
(6) To the Nursing Home Administrators Board for purposes
related to nursing home administration under ORS 678.710 to
678.820;
(7) To the State Board of Denture Technology for purposes
related to the practice of denture technology under ORS 680.500
to 680.565;
(8) To the State Board of Direct Entry Midwifery for purposes
related to the practice of direct entry midwifery under ORS
687.405 to 687.495;
(9) To the Board of Medical Imaging for purposes related to
medical imaging under ORS 688.405 to 688.605 and 688.915;
(10) To the Board of Athletic Trainers for purposes related to
athletic training under ORS 688.701 to 688.734;
(11) To the Respiratory Therapist and Polysomnographic
Technologist Licensing Board for purposes related to respiratory
care and polysomnography under ORS 688.800 to 688.840;
(12) To the Board of Cosmetology for purposes related to
cosmetology under ORS 690.005 to 690.235;
(13) To the Board of Body Art Practitioners for purposes
related to tattooing, body piercing, electrolysis, dermal
implanting or scarification under ORS 690.350 to 690.415;
(14) To the Board of Licensed Dietitians for purposes related
to the practice of dietetics under ORS 691.405 to 691.485;
(15) To the Advisory Council on Hearing Aids for purposes
related to dealing in hearing aids under ORS 694.015 to 694.185;
(16) To the State Board of Examiners for Speech-Language
Pathology and Audiology for purposes related to speech-language
pathology or audiology under ORS chapter 681;
(17) To the State Board of Chiropractic Examiners for purposes
related to the practice of chiropractic under ORS chapter 684;
(18) To the Oregon Board of Naturopathic Medicine for purposes
related to naturopathic medicine under ORS chapter 685;
(19) To the State Mortuary and Cemetery Board for purposes
related to services rendered under ORS chapter 692; and
(20) To the Environmental Health Registration Board for
purposes related to environmental or waste water sanitation under
ORS chapter 700. + }
SECTION 6b. ORS 676.612 is amended to read:
676.612. (1) In the manner prescribed in ORS chapter 183 for
contested cases { - and as specified in ORS 675.385, 678.780,
680.535, 687.445, 688.734, 688.836, 690.167, 690.407, 691.477,
694.147 and 700.111 - } , the Oregon Health Licensing
Agency { + , subject to section 6a of this 2013 Act, + } may
refuse to issue or renew, may suspend or revoke or may otherwise
condition or limit a certificate, license, permit or registration
to practice issued by the agency or may discipline or place on
probation a holder of a certificate, license, permit or
registration for commission of the prohibited acts listed in
subsection (2) of this section.
(2) A person subject to the authority of a board, council or
program listed in ORS 676.606 commits a prohibited act if the
person engages in:
(a) Fraud, misrepresentation, concealment of material facts or
deception in applying for or obtaining an authorization to
practice in this state, or in any written or oral communication
to the agency concerning the issuance or retention of the
authorization.
(b) Using, causing or promoting the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, insignia or any other representation, however disseminated
or published, that is false, misleading or deceptive.
(c) Making a representation that the certificate, license,
permit or registration holder knew or should have known is false
or misleading regarding skill or the efficacy or value of
treatment or remedy administered by the holder.
(d) Practicing under a false, misleading or deceptive name, or
impersonating another certificate, license, permit or
registration holder.
(e) Permitting a person other than the certificate, license,
permit or registration holder to use the certificate, license,
permit or registration.
(f) Practicing with a physical or mental condition that
presents an unreasonable risk of harm to the holder of a
certificate, license, permit or registration or to the person or
property of others in the course of performing the holder's
duties.
(g) Practicing while under the influence of alcohol, controlled
substances or other skill-impairing substances, or engaging in
the illegal use of controlled substances or other skill-impairing
substances so as to create a risk of harm to the person or
property of others in the course of performing the duties of a
holder of a certificate, license, permit or registration.
(h) Failing to properly and reasonably accept responsibility
for the actions of employees.
(i) Employing, directly or indirectly, any suspended,
uncertified, unlicensed or unregistered person to practice a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.606.
(j) Unprofessional conduct, negligence, incompetence, repeated
violations or any departure from or failure to conform to
standards of practice in performing services or practicing in a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed under ORS 676.606.
(k) Conviction of any criminal offense, subject to ORS 670.280.
A copy of the record of conviction, certified by the clerk of the
court entering the conviction, is conclusive evidence of the
conviction. A plea of no contest or an admission of guilt shall
be considered a conviction for purposes of this paragraph.
(L) Failing to report any adverse action, as required by
statute or rule, taken against the certificate, license, permit
or registration holder by another regulatory jurisdiction or any
peer review body, health care institution, professional
association, governmental agency, law enforcement agency or court
for acts or conduct similar to acts or conduct that would
constitute grounds for disciplinary action as described in this
section.
(m) Violation of a statute regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(n) Violation of any rule regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(o) Failing to cooperate with the agency in any investigation,
inspection or request for information.
(p) Selling or fraudulently obtaining or furnishing any
certificate, license, permit or registration to practice in a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.606, or
aiding or abetting such an act.
(q) Selling or fraudulently obtaining or furnishing any record
related to practice in a regulated occupation or profession
subject to the authority of the boards, councils and programs
listed in ORS 676.606, or aiding or abetting such an act.
(r) Failing to pay an outstanding civil penalty or fee that is
due or failing to meet the terms of any order issued by the
agency that has become final.
(3) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the agency may require
the fingerprints of a person who is:
(a) Applying for a certificate, license, permit or registration
that is issued by the agency;
(b) Applying for renewal of a certificate, license, permit or
registration that is issued by the agency; or
(c) Under investigation by the agency.
(4) If the agency places a holder of a certificate, license,
permit or registration on probation under subsection (1) of this
section, the agency, in consultation with the appropriate board,
council or program, may determine and at any time modify the
conditions of the probation.
(5) If a certificate, license, permit or registration is
suspended, the holder may not practice during the term of
suspension. Upon the expiration of the term of suspension, the
certificate, license, permit or registration may be reinstated by
the agency if the conditions of suspension no longer exist and
the holder has satisfied all requirements in the relevant
statutes or administrative rules for issuance, renewal or
reinstatement.
{ +
INVESTIGATIONS BY OREGON HEALTH LICENSING AGENCY + }
{ +
(Disclosure of Information) + }
SECTION 7. { + Sections 8 and 9 of this 2013 Act are added to
and made a part of ORS 676.605 to 676.625. + }
SECTION 8. { + (1) Except to the extent that disclosure is
necessary to conduct a full and proper investigation, the Oregon
Health Licensing Agency may not disclose information, including
complaints and information identifying complainants, obtained by
the agency as part of an investigation conducted under:
(a) ORS 675.010 to 675.150, 675.210 to 675.340, 675.360 to
675.410, 675.510 to 675.600, 675.715 to 675.835, 678.710 to
678.820, 680.500 to 680.565, 687.405 to 687.495, 688.405 to
688.605, 688.701 to 688.734, 688.800 to 688.840 or 691.405 to
691.485 or ORS chapters 681, 684, 685, 692 or 700.
(b) ORS 676.605 to 676.625 if the investigation is related to
the regulation of:
(A) The practice of psychology under ORS 675.010 to 675.150;
(B) Occupational therapy under ORS 675.210 to 675.340;
(C) Sex offender therapy under ORS 675.360 to 675.410;
(D) Social work under ORS 675.510 to 675.600;
(E) Professional counseling or marriage and family therapy
under ORS 675.715 to 675.835;
(F) Nursing home administration under ORS 678.710 to 678.820;
(G) The practice of denture technology under ORS 680.500 to
680.565;
(H) The practice of direct entry midwifery under ORS 687.405 to
687.495;
(I) Medical imaging under ORS 688.405 to 688.605;
(J) Athletic training under ORS 688.701 to 688.734;
(K) Respiratory care and polysomnography under ORS 688.800 to
688.840;
(L) The practice of dietetics under ORS 691.405 to 691.485;
(M) Speech-language pathology or audiology under ORS chapter
681;
(N) The practice of chiropractic under ORS chapter 684;
(O) Naturopathic medicine under ORS chapter 685;
(P) Services rendered under ORS chapter 692; or
(Q) Environmental or waste water sanitation under ORS chapter
700.
(2) Notwithstanding subsection (1) of this section, if the
agency decides not to impose a disciplinary sanction after
conducting an investigation described in subsection (1) of this
section:
(a) The agency shall disclose information obtained as part of
the investigation if the person requesting the information
demonstrates by clear and convincing evidence that the public
interest in disclosure outweighs other interests in
nondisclosure, including the public interest in nondisclosure.
(b) The agency may disclose to a complainant who made a
complaint related to the investigation a written summary of
information obtained as part of the investigation to the extent
that disclosure is necessary to explain the agency's decision.
The person who is the subject of the investigation may review and
obtain a copy of a written summary disclosed under this paragraph
after the agency has redacted any information identifying the
complainant.
(3) Notwithstanding subsection (1) of this section, if the
agency decides to impose a disciplinary sanction after conducting
an investigation described in subsection (1) of this section,
upon written request by the person who is the subject of the
investigation, the agency shall disclose to the person all
information obtained by the agency during the investigation,
except that the agency may not disclose:
(a) Information that is otherwise privileged or confidential
under state or federal law.
(b) Information identifying a person who provided information
that led to the investigation, unless the person will provide
testimony at a hearing arising out of the investigation.
(c) Information identifying a complainant.
(d) Reports of expert witnesses.
(4) Information disclosed to a person under subsection (3) of
this section may be further disclosed by the person only to the
extent that disclosure is necessary to prepare for a hearing
arising out of the investigation.
(5) The agency shall disclose:
(a) Any notice related to the imposition of a disciplinary
sanction;
(b) A final order related to the imposition of a disciplinary
sanction;
(c) An emergency suspension order;
(d) A consent order or stipulated agreement that involves the
conduct of a person against whom discipline is sought; and
(e) Information to further an investigation into board conduct
under ORS 192.685.
(6) A final order related to the imposition of a disciplinary
sanction, an emergency suspension order or a consent order or
stipulated agreement that involves the conduct of a person
against whom discipline is sought must summarize the factual
basis for the agency's disposition of the matter.
(7) An agency record or order, or any part of an agency record
or order, obtained during an investigation described under
subsection (1) of this section or during a contested case
proceeding, or as a result of entering into a consent order or
stipulated agreement, is not admissible as evidence and may not
preclude an issue or claim in a civil proceeding except in a
proceeding between the agency and a person against whom
discipline is sought as otherwise allowed by law.
(8)(a) Notwithstanding subsection (1) of this section, the
agency does not publicly disclose information when the agency
permits other public officials and members of the press to attend
executive sessions where information obtained as part of an
investigation is discussed. Public officials and members of the
press attending such executive sessions shall not disclose
information obtained as part of an investigation to any other
member of the public.
(b) For purposes of this subsection, 'public official ' means a
member or member-elect, or any member of the staff or an
employee, of a public entity as defined by ORS 676.177.
(9) The agency may establish fees reasonably calculated to
reimburse the actual cost of disclosing information to a person
against whom discipline is sought as required by subsection (3)
of this section. + }
SECTION 9. { + (1) Notwithstanding section 8 of this 2013 Act,
the Oregon Health Licensing Agency, upon a determination by the
agency that it possesses information that reasonably relates to
the regulatory or enforcement function of another public entity,
may disclose information to the other public entity.
(2) A public entity that receives information pursuant to
subsection (1) of this section must agree to take all reasonable
steps to maintain the confidentiality of the information, except
that the public entity may use or disclose the information to the
extent necessary to carry out the regulatory or enforcement
functions of the public entity.
(3) For purposes of this section, 'public entity' has the
meaning given that term in ORS 676.177. + }
SECTION 10. ORS 676.609 is amended to read:
676.609. { - (1) If the Oregon Health Licensing Agency
intends to disclose a record pursuant to ORS 676.608, the agency
shall: - }
{ - (a) Send a notice of the intended disclosure to the
person who is the subject of a complaint or an investigation by
first class mail at least 14 days before the disclosure date;
and - }
{ - (b) Describe in the notice the type of record being
disclosed in sufficient detail to allow the person who is the
subject of a complaint or an investigation to understand the
contents of the record that the agency intends to disclose. - }
{ - (2) The agency shall disclose information obtained as
part of an investigation of a person charged if another person
requesting the information demonstrates by clear and convincing
evidence that the public interest in disclosure outweighs other
interests in nondisclosure, including but not limited to the
public interest in nondisclosure. - }
{ + (1) Upon request, the Oregon Health Licensing Agency
shall disclose to a person against whom disciplinary action is
sought information, including complaints and information
identifying complainants, but not including information that is
otherwise privileged or confidential under state or federal law,
obtained by the agency as part of an investigation conducted
under:
(a) ORS 690.005 to 690.235, 690.350 to 690.415 or 694.015 to
694.185.
(b) ORS 676.605 to 676.625 if the investigation is related to
the regulation of:
(A) ORS 690.005 to 690.235;
(B) ORS 690.350 to 690.415; or
(C) ORS 694.015 to 694.185.
(2) The agency shall disclose information obtained as part of
an investigation described in subsection (1) of this section to a
person who demonstrates by clear and convincing evidence that the
public interest in disclosure outweighs other interests in
nondisclosure, including the public interest in
nondisclosure. + }
{ +
(Investigations) + }
SECTION 11. ORS 676.608 is amended to read:
676.608. { - (1) As used in this section: - }
{ - (a) 'Holder' means a person who holds a certificate,
license, permit or registration to practice issued by the Oregon
Health Licensing Agency. - }
{ - (b) 'Public entity' has the meaning given that term in
ORS 676.177. - }
{ - (2)(a) - } { + (1)(a) + } The { + Oregon Health
Licensing + } Agency shall carry out all investigatory duties
{ + relating to matters subject to the authority of the agency
or the boards, councils and programs listed in ORS 676.606 + }.
(b) Upon its own motion, the agency may initiate and conduct
investigations of matters relating to the practice of occupations
or professions subject to the authority of the boards, councils
and programs listed in ORS 676.606.
(c) When the agency receives a complaint by { - any - }
{ + a + } person
{ - against a holder - } , the agency shall investigate the
complaint as provided in ORS 676.165.
{ - (3) - } { + (2) + } While conducting an investigation
authorized under subsection { - (2) - } { + (1) + } of this
section or a hearing related to an investigation, the agency may:
(a) Take evidence;
(b) Administer oaths;
(c) Take the depositions of witnesses, including the person
charged;
(d) Compel the appearance of witnesses, including the person
charged;
(e) Require answers to interrogatories;
(f) Compel the production of books, papers, accounts, documents
and testimony pertaining to the matter under investigation; and
(g) Conduct criminal and civil background checks to determine
conviction of a crime that bears a demonstrable relationship to
the field of practice.
{ - (4) - } { + (3) + } In exercising its authority under
this section, the agency may issue subpoenas over the signature
of the Director of the Oregon Health Licensing Agency or
designated employee
{ - thereof - } { + of the director + } and in the name of
the State of Oregon.
{ - (5) - } { + (4) + } If a person fails to comply with a
subpoena issued under this section, the judge of the Circuit
Court for Marion County may compel obedience by initiating
proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from the court.
{ - (6) - } { + (5) + } If necessary, the director, or an
employee designated by the director, may appear before a
magistrate empowered to issue warrants in criminal cases to
request that the magistrate issue a warrant. The magistrate shall
issue a warrant, directing it to any sheriff or deputy or police
officer, to enter the described property, to remove any person or
obstacle, to defend any threatened violence to the director or a
designee of the director or an officer, upon entering private
property, or to assist the director in enforcing the agency's
authority in any way.
{ - (7) In all investigations and hearings, the agency and
any person affected thereby may have the benefit of counsel. - }
{ - (8) If a holder who is the subject of a complaint or an
investigation is to appear before the agency, the agency shall
provide the holder with a current summary of the complaint or the
matter being investigated not less than 10 days before the date
that the holder is to appear. At the time the summary of the
complaint or the matter being investigated is provided, the
agency shall provide the holder with a current summary of
documents or alleged facts that the agency has acquired as a
result of the investigation. The name of the complainant may be
withheld from the holder. - }
{ - (9) A holder who is the subject of an investigation, and
any person acting on behalf of the holder, may not contact the
complainant until the holder has requested a contested case
hearing and the agency has authorized the taking of the
complainant's deposition pursuant to ORS 183.425. - }
{ - (10) Except in an investigation or proceeding conducted
by the agency or another public entity, or in an action, suit or
proceeding in which a public entity is a party, a holder may not
be questioned or examined regarding any communication with the
agency made in an appearance before the agency as part of an
investigation. - }
{ - (11) This section does not prohibit examination or
questioning of a holder regarding records about the holder's care
and treatment of a patient or affect the admissibility of those
records. - }
{ + (6) Except for purposes of complying with ORS 694.036 and
694.042, the person who is the subject of an investigation
described under ORS 676.609 (1), or a person who is acting on
behalf of the subject, may not contact a complainant whose
complaint is related to the investigation until the subject has
requested a contested case hearing and the agency has authorized
the taking of the complainant's deposition under ORS 183.425. + }
{ +
(Conforming Amendments for Boards Currently + }
{ +
under Oregon Health Licensing Agency Oversight) + }
SECTION 12. ORS 675.385 is amended to read:
675.385. (1) In the manner prescribed in ORS chapter 183 for
contested cases, and { - at the direction of - } { + in
consultation with + } the Sex Offender Treatment Board, the
Oregon Health Licensing Agency may impose a form of discipline
listed in ORS 676.612 against any certified sex offender
therapist for any of the grounds listed in ORS 676.612 and for
any violation of the provisions of ORS 675.360 to 675.410, or the
rules adopted thereunder.
(2) The agency may impose disciplinary sanctions against a
certified sex offender therapist for any of the following
reasons:
(a) The person was convicted of violating ORS 675.390, or of a
felony or misdemeanor that brings into question the person's
competence or integrity as a certified sex offender therapist.
(b) The person's mental health professional license, or
equivalent license, has been revoked, suspended or restricted by
the issuing authority.
(c) The person has violated ORS 675.370 (3) to (5), or any
rules adopted by the agency pertaining to certification.
(d) The person has failed to file or has filed a false,
misleading or incomplete professional disclosure statement with
the agency.
(e) The person has practiced beyond the scope of the person's
agency-issued certification.
SECTION 13. ORS 678.725 is amended to read:
678.725. (1)(a) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, any health care facility licensed under ORS 441.015,
any licensee licensed by the Oregon Health Licensing Agency, any
physician licensed by the Oregon Medical Board, any licensed
professional nurse and any licensed pharmacist shall report to
the agency suspected violations of ORS 678.710 to 678.820 and
unsanitary or other unsatisfactory conditions in a nursing home.
(b) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, a
licensee licensed under ORS 678.710 to 678.820 who has reasonable
cause to believe that a licensee of any board as defined in ORS
676.150 has engaged in prohibited conduct as defined in ORS
676.150 shall report the prohibited conduct in the manner
provided in ORS 676.150.
(c) Any person may report to the agency suspected violations of
ORS 678.710 to 678.820 or unsanitary conditions in a nursing
home.
{ - (2) Information acquired by the agency pursuant to
subsection (1) of this section is confidential and is not subject
to public disclosure. - }
{ - (3) - } { + (2) + } Any person who reports or provides
information to the agency under subsection (1) of this section
and who provides information in good faith may not be subject to
an action for civil damages as a result of making the report or
providing the information.
SECTION 14. ORS 678.820 is amended to read:
678.820. (1) The Nursing Home Administrators Board is
responsible for advising the Oregon Health Licensing Agency in
all matters relating to the administration of ORS 678.710 to
678.820, including:
(a) Developing standards for education and training;
(b) Developing standards of practice and professional conduct;
(c) Establishing standards related to the issuance, denial,
revocation, suspension or renewal of licenses to practice as a
nursing home administrator;
(d) Preparing or approving the examinations required under ORS
678.710 to 678.820, in accordance with standards provided by the
agency; and
(e) Assisting the agency in administering the provisions of ORS
678.710 to 678.820.
(2) The Oregon Health Licensing Agency shall administer ORS
678.710 to 678.820 by:
(a) Determining the qualifications and fitness of applicants
for licenses, renewed licenses, reciprocal licenses and
provisional licenses under ORS 678.710 to 678.820.
(b) Examining, approving, issuing, denying, revoking,
suspending and renewing licenses to practice as a nursing home
administrator.
(c) Providing for waivers of examinations or provisional
licenses.
(d) Establishing and carrying out procedures to ensure
compliance with professional standards adopted by the board.
(e) { - Pursuant to ORS 676.608, receiving and - }
Investigating complaints { - filed - } regarding nursing home
administrators.
(f) Establishing and collecting fees and charges to carry out
the agency's duties under ORS 678.710 to 678.820.
(g) In accordance with ORS 183.330 and 676.615, adopting,
amending and repealing rules that are necessary to carry out the
administration of ORS 678.710 to 678.820.
(h) Maintaining a register of all licensed nursing home
administrators.
(3) The agency shall consider and be guided by the
recommendations of the board in all matters relating to the
administration of ORS 678.710 to 678.820.
SECTION 15. ORS 687.490 is amended to read:
687.490. { - (1) Any information provided to the State Board
of Direct Entry Midwifery or the Oregon Health Licensing Agency
under ORS 687.445 is confidential and is not subject to public
disclosure or admissible as evidence in any judicial
proceeding. - }
{ - (2) Any person who in good faith provides information to
the board or the agency is not subject to an action for civil
damages as a result thereof. - }
{ + A person who in good faith provides information to the
State Board of Direct Entry Midwifery or the Oregon Health
Licensing Agency for purposes related to an investigation
conducted under ORS 676.605 to 676.625, if the investigation is
related to the regulation of direct entry midwifery, or ORS
687.405 to 687.495 is not subject to an action for civil damages
as a result of providing the information. + }
SECTION 16. ORS 690.167 is amended to read:
690.167. In the manner prescribed in ORS chapter 183 for
contested cases { - and at the direction of the Board of
Cosmetology - } , the Oregon Health Licensing Agency may impose a
form of discipline listed in ORS 676.612 against any person
practicing barbering, hair design, esthetics or nail technology
for any of the grounds listed in ORS 676.612 and for any
violation of the provisions of ORS 690.005 to 690.235, or the
rules adopted thereunder.
{ +
STATE BOARD OF PSYCHOLOGIST EXAMINERS + }
{ +
(Transfer) + }
SECTION 17. { + The duties, functions and powers of the State
Board of Psychologist Examiners relating to the responsibilities
listed in ORS 676.607 (1) and reflected in the amendments to
statutes by sections 24 to 36 of this 2013 Act are imposed upon,
transferred to and vested in the Oregon Health Licensing
Agency. + }
{ +
(Records, Property, Employees) + }
SECTION 18. { + (1) The State Board of Psychologist Examiners
shall:
(a) Deliver to the Oregon Health Licensing Agency all records
and property within the jurisdiction of the board that relate to
the duties, functions and powers transferred by section 17 of
this 2013 Act; and
(b) Transfer to the Oregon Health Licensing Agency those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 17 of this 2013 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 17 of this
2013 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the State
Board of Psychologist Examiners and the Oregon Health Licensing
Agency relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
{ +
(Unexpended Revenues) + }
SECTION 19. { + (1) The State Board of Psychologist Examiners
Account is abolished.
(2) The unexpended balances of amounts authorized to be
expended by the State Board of Psychologist Examiners for the
biennium beginning July 1, 2013, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 17 of this
2013 Act are transferred to and are available for expenditure by
the Oregon Health Licensing Agency for the biennium beginning
July 1, 2013, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 17 of this
2013 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Board of
Psychologist Examiners remain applicable to expenditures by the
Oregon Health Licensing Agency under this section. + }
{ +
(Action, Proceeding, Prosecution) + }
SECTION 20. { + The transfer of duties, functions and powers
to the Oregon Health Licensing Agency by section 17 of this 2013
Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Oregon Health Licensing Agency is substituted for the State
Board of Psychologist Examiners in the action, proceeding or
prosecution. + }
{ +
(Liability, Duty, Obligation) + }
SECTION 21. { + (1) Nothing in this 2013 Act relieves a person
of a liability, duty or obligation accruing under or with respect
to the duties, functions and powers transferred by section 17 of
this 2013 Act. The Oregon Health Licensing Agency may undertake
the collection or enforcement of any such liability, duty or
obligation.
(2) The rights and obligations of the State Board of
Psychologist Examiners legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the operative date of section 17 of this 2013 Act accruing under
or with respect to the duties, functions and powers transferred
by section 17 of this 2013 Act are transferred to the Oregon
Health Licensing Agency. For the purpose of succession to these
rights and obligations, the Oregon Health Licensing Agency is a
continuation of the State Board of Psychologist Examiners and not
a new authority. + }
{ +
(Rules) + }
SECTION 22. { + Notwithstanding the transfer of duties,
functions and powers by section 17 of this 2013 Act, the rules of
the State Board of Psychologist Examiners with respect to such
duties, functions or powers that are in effect on the operative
date of section 17 of this 2013 Act continue in effect until
superseded or repealed by rules of the Oregon Health Licensing
Agency. References in such rules of the State Board of
Psychologist Examiners to the State Board of Psychologist
Examiners or an officer or employee of the State Board of
Psychologist Examiners are considered to be references to the
Oregon Health Licensing Agency or an officer or employee of the
Oregon Health Licensing Agency. + }
SECTION 23. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 17 of
this 2013 Act, reference is made to the State Board of
Psychologist Examiners, or an officer or employee of the State
Board of Psychologist Examiners, whose duties, functions or
powers are transferred by section 17 of this 2013 Act, the
reference is considered to be a reference to the Oregon Health
Licensing Agency or an officer or employee of the Oregon Health
Licensing Agency who by this 2013 Act is charged with carrying
out such duties, functions and powers. + }
{ +
(Amendments to Statutes) + }
SECTION 24. ORS 675.030, as amended by section 4, chapter 43,
Oregon Laws 2012, is amended to read:
675.030. (1) Upon application for licensure accompanied by the
established fee, the { - State Board of Psychologist
Examiners - } { + Oregon Health Licensing Agency + } shall
issue a psychologist license to an applicant who performs to the
satisfaction of the { - board - } { + State Board of
Psychologist Examiners + } in examinations prescribed by the
board and furnishes evidence satisfactory to the { - board - }
{ + agency + } that the applicant:
(a) Has complied with all applicable provisions of ORS 675.010
to 675.150 and the applicable rules of the board;
(b) Holds a doctoral degree in psychology from an approved
doctoral program in psychology;
(c) Has satisfactorily completed courses and training required
by the board;
(d) Has had two years of supervised employment in the field of
psychology:
(A) Under the direction of a psychologist licensed in Oregon or
under the direction of a person considered by the board to have
equivalent supervisory competence; or
(B) In the military; and
(e) Is of good moral character. For purposes of this section,
the lack of good moral character may be established by reference
to acts or conduct that reflect moral turpitude or to acts or
conduct that would cause a reasonable person to have substantial
doubts about the individual's honesty, fairness and respect for
the rights of others and for the laws of the state and the
nation. The conduct or acts in question must be rationally
connected to the applicant's fitness to practice psychology.
(2) The board shall adopt rules by which a person receiving
post-doctoral supervision during the application process may
enter into a contract to practice psychology under the
supervision of a licensed psychologist, psychologist associate or
a person considered by the board to have equivalent supervisory
competence. An applicant who enters such a contract shall be
designated as a psychologist resident or a psychologist associate
resident, accordingly, and shall be subject to ORS 675.010 to
675.150.
SECTION 25. ORS 675.050 is amended to read:
675.050. (1) Upon application for licensure accompanied by the
established fee, the { - State Board of Psychologist
Examiners - } { + Oregon Health Licensing Agency + } may issue
a license, without national examination, to any applicant who
furnishes evidence satisfactory to the { - board - }
{ + agency + } that the applicant:
(a) Holds a doctoral degree from an approved doctoral program
in psychology and is licensed or certified to practice psychology
in another state in which the requirements for such licensing or
certification are, in the judgment of the { - board - }
{ + agency + }, essentially equivalent to licensing requirements
of ORS 675.010 to 675.150 and the rules of the { - board - }
{ + State Board of Psychologist Examiners + };
(b) Is a diplomate in good standing of the American Board of
Professional Psychology;
(c) Is licensed in a jurisdiction that is a party to a
licensing reciprocity agreement with the State of Oregon and
meets the requirements for reciprocity in the agreement;
(d) Possesses a valid Certificate of Professional Qualification
granted by the Association of State and Provincial Psychology
Boards or is credentialed as a Health Service Provider in
Psychology by the National Register of Health Service Providers
in Psychology; or
(e)(A) Possesses and has maintained for at least 15 years a
license to practice psychology that is based on a doctoral degree
and that is issued by a board that is a member jurisdiction of
the Association of State and Provincial Psychology Boards; and
(B) Meets other requirements established by the State Board of
Psychologist Examiners.
(2) The State Board of Psychologist Examiners shall adopt by
rule and administer an examination on Oregon law to an applicant
described in subsection (1) of this section.
SECTION 26. ORS 675.063 is amended to read:
675.063. Upon application therefor and payment of the required
fee, the { - State Board of Psychologist Examiners - }
{ + Oregon Health Licensing Agency + } may issue a limited
permit to practice as a psychologist to an applicant holding a
certificate or license to practice psychology issued by another
state whose requirements are, in the judgment of the
{ - board - } { + agency + }, essentially equivalent to those
required by ORS 675.010 to 675.150 { + and rules adopted by the
State Board of Psychologist Examiners + }. The limited permit
shall be valid for a period of not more than 180 calendar days in
any 24-month period.
SECTION 27. ORS 675.065 is amended to read:
675.065. (1) The { - State Board of Psychologist
Examiners - } { + Oregon Health Licensing Agency + } shall
issue psychologist associate licenses to applicants who meet
requirements of this section, do not possess a doctoral degree,
and are deemed competent { + , as established by the State Board
of Psychologist Examiners by rule, + } to perform certain
functions within the practice of psychology under the periodic
direct supervision of a psychologist licensed by the
{ - board - } { + agency + }. Such functions may include but
are not restricted to administering tests of mental abilities,
conducting personality assessments and counseling, including
educational and vocational planning.
(2) The applicant shall pay to the { - board - }
{ + agency + } the application fee for a license.
(3) Upon petition by a psychologist associate, the { + agency,
upon recommendation of the + } board { + , + } may grant
authority to function without immediate supervision.
(4) Upon application therefor accompanied by the fee
established by the board, the { - board - } { + agency + }
shall issue a psychologist associate license to any applicant who
performs to the satisfaction of the board in the examinations
prescribed by the board if the { - board - } { + agency + }
determines that the applicant:
(a) Is of good moral character;
(b) Has complied with all the applicable provisions of ORS
675.010 to 675.150;
(c) Has received a master's degree in psychology from a
psychology program approved by the board by rule;
(d) Has completed an internship in an approved educational
institution or one year of other training experience
{ - acceptable to - } { + as established by + } the board { +
by rule + }, such as supervised professional experience under the
direction of a psychologist licensed in Oregon, or under the
direction of a person considered by the { - board - }
{ + agency + } to have equivalent supervisory competence; and
(e) Furnishes proof acceptable to the { - board - }
{ + agency + } of at least 36 months, exclusive of internship,
of full-time experience satisfactory to the { - board - }
{ + agency + } under the direct supervision of a licensed
psychologist in Oregon, or under the direct supervision of a
person considered by the { - board - } { + agency + } to have
equivalent supervisory competence.
SECTION 28. ORS 675.070 is amended to read:
675.070. (1) Where any of the grounds { - enumerated - } in
subsection (2) of this section exist, the { - State Board of
Psychologist Examiners - } { + Oregon Health Licensing Board,
in addition to the sanctions described in ORS 676.612, + } may
impose any of the following sanctions:
(a) Deny a license to any applicant;
(b) Refuse to renew the license of any psychologist or
psychologist associate;
(c) Suspend the license of any psychologist or psychologist
associate for a period of not less than one year;
(d) Issue a letter of reprimand;
(e) Impose probation with authority to restrict the scope of
practice of a psychologist or psychologist associate or require
practice under supervision;
(f) Revoke the license of any psychologist or psychologist
associate; or
(g) Impose a civil penalty as set forth in subsection (3) of
this section.
(2) Grounds exist for imposition of any of the sanctions
{ - enumerated - } in subsection (1) of this section against
any psychologist or psychologist associate or applicant, or,
where applicable, any unlicensed person found in violation of ORS
675.010 to 675.150, when, in the judgment of the { - board - }
{ + agency + }, the person:
(a) Has an impairment as defined in ORS 676.303;
(b) Has been convicted of violation of any law relating to
controlled substances;
(c) Has been convicted of any felony or of any misdemeanor
involving moral turpitude;
(d) Is guilty of immoral or unprofessional conduct or of gross
negligence in the practice of psychology which includes but is
not limited to:
(A) Any conduct or practice contrary to recognized standard of
ethics of the psychological profession or any conduct or practice
that constitutes a danger to the health or safety of a patient or
the public, or any conduct, practice or condition that adversely
affects a psychologist or psychologist associate's ability to
practice psychology safely and skillfully.
(B) Willful ordering or performing of unnecessary tests or
studies, administration of unnecessary treatment, failure to
obtain consultations or perform referrals when failing to do so
is not consistent with the standard of care, or otherwise
ordering or performing any psychological service or treatment
which is contrary to recognized standards of practice of the
psychological profession;
(e) Has practiced or attempted to practice medicine without
being licensed to do so;
(f) Has obtained or attempted to obtain a license under ORS
675.010 to 675.150 by fraud or material misrepresentation;
(g) Has impersonated a licensed psychologist or psychologist
associate or has allowed another person to use the license of the
psychologist;
(h) Has violated any provision of ORS 675.010 to 675.150 or any
provision of the code of professional conduct formulated under
ORS 675.110 { - (12) - } { + (1)(d) + }; or
(i) Has obtained a fee or payment from a patient or third party
payer through fraud or intentional misrepresentation.
(3) { - The board - } { + In addition to any other remedy
or penalty authorized by law, the agency + } may impose a civil
penalty under subsection (1) of this section:
(a) In an amount not to exceed $5,000; or
(b) In an amount not to exceed $10,000, if any of the following
conditions exist:
(A) The conduct giving rise to the penalty had a serious
detrimental effect on the health or safety of another person;
(B) The person subject to the penalty has a history of
discipline for the same or similar conduct;
(C) The conduct giving rise to the penalty involves a willful
or reckless disregard of the law;
(D) The conduct giving rise to the penalty was perpetrated
against a minor, an elderly person or a person with a disability;
or
(E) The person subject to the penalty violated ORS 675.020 by
practicing psychology or representing that the person is a
psychologist without having a license.
(4) In case of any conviction required under subsection (2) of
this section as grounds for denial, refusal, suspension,
revocation, reprimand, probation or imposition of a civil
penalty, a certified copy of the record of the conviction shall
be conclusive evidence.
(5) The { - board - } { + agency + } may license an
applicant or renew or restore any license suspended or revoked
under subsection (2)(a) of this section due to a mental health
condition if the { - board - } { + agency + } determines that
the applicant or former licensed psychologist or former
psychologist associate no longer has an impairment due to a
mental health condition.
(6) License suspension or revocation in another state is
grounds for license denial or disciplinary action by the
{ - board - } { + agency + }.
SECTION 29. ORS 675.075 is amended to read:
675.075. (1) Any information that the { + Oregon Health
Licensing Agency obtains under ORS 675.070 or the + } State Board
of Psychologist Examiners obtains under ORS { - 675.070 or - }
675.085 is confidential as provided under { - ORS 676.175 - }
{ + section 8 of this 2013 Act + }.
(2) Any person who in good faith provides information to the
{ + agency or + } board shall not be subject to an action for
civil damages as a result thereof.
SECTION 30. ORS 675.085 is amended to read:
675.085. (1) Upon receipt of a complaint under ORS 675.010 to
675.150, the State Board of Psychologist Examiners shall
{ + report the complaint to the Oregon Health Licensing Agency
and the agency shall + } conduct an investigation as described
under ORS 676.165.
(2) Where the { - board - } { + agency + } proposes to
refuse to issue a license or to impose any disciplinary action
under ORS 675.070, opportunity for hearing shall be accorded as
provided in ORS chapter 183. The { - board - } { + agency + }
shall render its decision within 30 days after the hearing.
{ - (3) Adoption of rules, conduct of hearings, issuance of
orders and judicial review of rules and orders shall be as
provided in ORS chapter 183. - }
SECTION 31. ORS 675.087 is amended to read:
675.087. The lapse, suspension or revocation of a license
issued under ORS 675.010 to 675.150 by the operation of law, by
order of the { - State Board of Psychologist Examiners - }
{ + Oregon Health Licensing Agency + } or by the decision of a
court of law, or the voluntary surrender of a license by a
licensee, does not deprive the { - board - } { + agency + }
of jurisdiction to proceed with any investigation of or any
action or disciplinary proceeding against the licensee or to
revise or render null and void an order suspending or revoking
the license.
SECTION 32. ORS 675.110 is amended to read:
675.110. { + (1) + } 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) - } { + (a) + } To determine qualifications of
applicants to practice psychology in this state;
{ + (b) + } 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 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 as provided in ORS
675.070. - }
{ - (6) To restore licenses which have been suspended or
revoked or voided by nonpayment of the renewal fee. - }
{ - (7)(a) To collect 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 the deadline for renewal but before the
grace period for renewal has expired. - }
{ - (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) - } { + (b) + } { - To enforce ORS 675.010 to
675.150 and - } To exercise general supervision over the
practice of psychology in this state.
{ - (11) - } { + (c) + } To adopt a common seal.
{ - (12) - } { + (d) + } 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) - } { + (e) + } 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) - } { + (f) + } To formulate { - and enforce - }
continuing education requirements for duly licensed psychologists
to ensure the highest quality of professional services to the
public.
{ - (15) To deny renewal of a license, or renewal of a
license that has lapsed for nonpayment of the renewal fee, unless
the applicant completes, or provides 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 413.570; or - }
{ - (b) An equivalent pain management education program, as
determined by the board. - }
{ - (16) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, to require the
fingerprints of a person who is: - }
{ - (a) Applying for a license that is issued by the
board; - }
{ - (b) Applying for renewal of a license that is issued by
the board; or - }
{ - (c) Under investigation by the board. - }
{ - (17) - } { + (g) + } Subject to the applicable
provisions of ORS chapter 183, to adopt { + fees and + }
reasonable rules to carry out the provisions of ORS 675.010 to
675.150.
{ + (2) The Oregon Health Licensing Agency shall have the
following powers in addition to powers otherwise granted under
ORS 675.010 to 675.150 or necessary to carry out the agency's
duties under ORS 675.010 to 675.150:
(a) To grant licenses to qualified applicants upon compliance
with the provisions of ORS 675.010 to 675.150 and the rules of
the board.
(b) To grant or deny renewal of licenses, and to renew licenses
that have lapsed for nonpayment of the renewal fee, subject to
the provisions of ORS 675.010 to 675.150.
(c) To suspend or revoke licenses, subject to ORS 675.010 to
675.150.
(d) 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.
(e) To impose civil penalties as provided in ORS 675.070.
(f) To restore licenses that have been suspended or revoked or
voided by nonpayment of the renewal fee.
(g) To collect fees for application, examination and licensing
of applicants, for renewal of licenses, and for issuance of
limited permits.
(h) To collect a delinquent renewal fee for licenses renewed
after the deadline for renewal but before the grace period for
renewal has expired.
(i) To investigate alleged violations of ORS 675.010 to
675.150.
(j) To deny renewal of a license, or renewal of a license that
has lapsed for nonpayment of the renewal fee, unless the
applicant completes, or provides 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 413.570; or
(B) An equivalent pain management education program, as
determined by the board. + }
SECTION 33. ORS 675.115 is amended to read:
675.115. 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 - } { + adopted + } under ORS 675.110 shall
not exceed the cost of administering { - the regulatory program
of the State Board of Psychologist Examiners 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 - } { + 675.010
to 675.150 + }.
SECTION 34. 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 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 executive director of the board shall maintain records
of all board proceedings under ORS 675.010 to 675.150.
(5) The executive director 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. { + The Oregon Health Licensing Agency shall
provide the executive director with all information necessary for
the administration of this subsection. + }
SECTION 35. 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 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. - }
{ + (1) The Oregon Health Licensing Agency shall collect fees
related to the administration of ORS 675.010 to 675.150.
(2) All moneys received by the agency under subsection (1) of
this section shall be deposited into the Oregon Health Licensing
Agency Account and are continuously appropriated to the agency
for the purposes of administrating and enforcing ORS 675.010 to
675.150. + }
SECTION 36. ORS 675.150 is amended to read:
675.150. The { - State Board of Psychologist Examiners - }
{ + Oregon Health Licensing Agency + } may institute and
commence injunction proceedings in any circuit court in Oregon to
enjoin the unlawful practice of psychology. In any such
proceeding it shall not be necessary to show that any person is
individually injured by the actions complained of. If the person
complained of is found by the court to have unlawfully engaged in
practice of psychology, the court may enjoin the person from so
practicing. Procedure in such cases shall be the same as any
other injunction suit. The remedy by injunction hereby given is
in addition to criminal prosecution and punishment.
{ +
OCCUPATIONAL THERAPY LICENSING BOARD + }
{ +
(Transfer) + }
SECTION 37. { + The duties, functions and powers of the
Occupational Therapy Licensing Board relating to the
responsibilities listed in ORS 676.607 (1) and reflected in the
amendments to statutes by sections 44 to 53 of this 2013 Act are
imposed upon, transferred to and vested in the Oregon Health
Licensing Agency. + }
{ +
(Records, Property, Employees) + }
SECTION 38. { + (1) The Occupational Therapy Licensing Board
shall:
(a) Deliver to the Oregon Health Licensing Agency all records
and property within the jurisdiction of the board that relate to
the duties, functions and powers transferred by section 37 of
this 2013 Act; and
(b) Transfer to the Oregon Health Licensing Agency those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 37 of this 2013 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 37 of this
2013 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the
Occupational Therapy Licensing Board and the Oregon Health
Licensing Agency relating to transfers of records, property and
employees under this section, and the Governor's decision is
final. + }
{ +
(Unexpended Revenues) + }
SECTION 39. { + (1) The Occupational Therapy Licensing Board
Account is abolished.
(2) The unexpended balances of amounts authorized to be
expended by the Occupational Therapy Licensing Board for the
biennium beginning July 1, 2013, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 37 of this
2013 Act are transferred to and are available for expenditure by
the Oregon Health Licensing Agency for the biennium beginning
July 1, 2013, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 37 of this
2013 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Occupational
Therapy Licensing Board remain applicable to expenditures by the
Oregon Health Licensing Agency under this section. + }
{ +
(Action, Proceeding, Prosecution) + }
SECTION 40. { + The transfer of duties, functions and powers
to the Oregon Health Licensing Agency by section 37 of this 2013
Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Oregon Health Licensing Agency is substituted for the
Occupational Therapy Licensing Board in the action, proceeding or
prosecution. + }
{ +
(Liability, Duty, Obligation) + }
SECTION 41. { + (1) Nothing in this 2013 Act relieves a person
of a liability, duty or obligation accruing under or with respect
to the duties, functions and powers transferred by section 37 of
this 2013 Act. The Oregon Health Licensing Agency may undertake
the collection or enforcement of any such liability, duty or
obligation.
(2) The rights and obligations of the Occupational Therapy
Licensing Board legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
operative date of section 37 of this 2013 Act accruing under or
with respect to the duties, functions and powers transferred by
section 37 of this 2013 Act are transferred to the Oregon Health
Licensing Agency. For the purpose of succession to these rights
and obligations, the Oregon Health Licensing Agency is a
continuation of the Occupational Therapy Licensing Board and not
a new authority. + }
{ +
(Rules) + }
SECTION 42. { + Notwithstanding the transfer of duties,
functions and powers by section 37 of this 2013 Act, the rules of
the Occupational Therapy Licensing Board with respect to such
duties, functions or powers that are in effect on the operative
date of section 37 of this 2013 Act continue in effect until
superseded or repealed by rules of the Oregon Health Licensing
Agency. References in such rules of the Occupational Therapy
Licensing Board to the Occupational Therapy Licensing Board or an
officer or employee of the Occupational Therapy Licensing Board
are considered to be references to the Oregon Health Licensing
Agency or an officer or employee of the Oregon Health Licensing
Agency. + }
SECTION 43. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 37 of
this 2013 Act, reference is made to the Occupational Therapy
Licensing Board, or an officer or employee of the Occupational
Therapy Licensing Board, whose duties, functions or powers are
transferred by section 37 of this 2013 Act, the reference is
considered to be a reference to the Oregon Health Licensing
Agency or an officer or employee of the Oregon Health Licensing
Agency who by this 2013 Act is charged with carrying out such
duties, functions and powers. + }
{ +
(Amendments to Statutes) + }
SECTION 44. ORS 675.230 is amended to read:
675.230. Any person desiring to be licensed as an occupational
therapist or occupational therapy assistant shall apply in
writing to the { - Occupational Therapy Licensing Board - }
{ + Oregon Health Licensing Agency + } in the form and manner
provided by the { - board - } { + agency + }. Each
application shall include or be accompanied by evidence,
satisfactory to the { - board - } { + agency + }, that the
applicant possesses the qualifications prescribed in ORS 675.240
{ + and applicable rules of the Occupational Therapy Licensing
Board + } for applicants for { - licensing - }
{ + licensure + } as an occupational therapist, or in ORS
675.250 { + and applicable rules of the board + } for applicants
for { - licensing - } { + licensure + } as an occupational
therapy assistant.
SECTION 44a. ORS 675.240, as amended by section 5, chapter 43,
Oregon Laws 2012, is amended to read:
675.240. (1) Except as provided in ORS 675.270, an applicant
for licensure under ORS 675.210 to 675.340 as an occupational
therapist must:
(a) Have successfully completed an educational program in
occupational therapy recognized by the Occupational Therapy
Licensing Board, with concentration in biological or physical
science, psychology and sociology, and with education in selected
manual skills.
(b) Pass to the satisfaction of the board an examination
adopted by the board to determine the fitness of the applicant
for practice as an occupational therapist or be entitled to be
licensed as provided in ORS 675.270.
(c) Have successfully completed at least six months of
supervised field work that complies with rules adopted by the
board.
(d) Comply with continuing education requirements as adopted by
the board by rule.
(e) If an applicant has been unlicensed for more than three
years, complete a board-approved reentry program or retake the
board-approved national examination to determine fitness for
practice as an occupational therapist.
(2) An applicant meets the requirements of subsection (1)(c) of
this section if the applicant provides the { - board - }
{ + Oregon Health Licensing Agency + } with documentation of
military experience that the { + agency, in accordance with
rules adopted by the + } board { + , + } determines is
substantially equivalent to the experience required by subsection
(1)(c) of this section.
SECTION 44b. ORS 675.250, as amended by section 6, chapter 43,
Oregon Laws 2012, is amended to read:
675.250. (1) Except as provided in ORS 675.270, an applicant
for licensure under ORS 675.210 to 675.340 as an occupational
therapy assistant shall:
(a) Be at least 18 years of age.
(b) Have successfully completed the academic requirements of an
educational program for occupational therapy assistants
recognized by the Occupational Therapy Licensing Board.
(c) Pass an examination approved by the board to determine the
fitness of the applicant for practice as an occupational therapy
assistant.
(d) Have successfully completed at least two months of
supervised field work that complies with rules adopted by the
board.
(e) Comply with continuing education requirements as adopted by
the board by rule.
(f) If an applicant has been unlicensed for more than three
years, complete a board-approved reentry program or retake the
board-approved national examination to determine fitness for
practice as an occupational therapy assistant.
(2) An applicant meets the requirements of subsection (1)(b) or
(d) of this section if the applicant provides the { - board - }
{ + Oregon Health Licensing Agency + } with documentation of
military training or experience that the { + agency, in
accordance with rules adopted by the + } board { + , + }
determines is substantially equivalent to the education or
experience required by subsection (1)(b) or (d) of this section.
SECTION 45. ORS 675.270 is amended to read:
675.270. (1) The { - Occupational Therapy Licensing Board - }
{ + Oregon Health Licensing Agency + } may license without
examination any person who applies and meets the requirements
under ORS 675.210 to 675.340 { + and applicable rules of the
Occupational Therapy Licensing Board + }, and:
(a) Is currently certified as an occupational therapist
registered (O.T.R.) or certified occupational therapy assistant
(C.O.T.A.) by the National Board for Certification in
Occupational Therapy; or
(b) Presents proof of current licensure as an occupational
therapist or occupational therapy assistant in another state, the
District of Columbia, or territory of the United States that
requires standards for licensure considered by the Occupational
Therapy Licensing Board to be equivalent to the requirements for
licensure under ORS 675.210 to 675.340.
(2) Each applicant under this section shall pay a license fee
{ + to the agency + }, in an amount established by the board,
at the time of filing an application under this section.
SECTION 46. ORS 675.280 is amended to read:
675.280. Licenses issued under ORS 675.210 to 675.340
{ - shall - } expire on May 31 of even-numbered years. The
{ - Occupational Therapy Licensing Board - } { + Oregon Health
Licensing Agency + } shall license any person who meets the
requirements of ORS 675.210 to 675.340 { + and applicable rules
of the Occupational Therapy Licensing Board + } upon payment of a
license fee in an amount established by the board. The
{ - board - } { + agency + } 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 47. 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 - } { + Oregon Health Licensing Agency + }
prior to the expiration of a license for a renewal of a license.
Each applicant for renewal of a license shall pay a renewal fee,
in an amount established by the { + Occupational Therapy
Licensing + } Board, at the time of filing a renewal application.
Any license that is not renewed before June 1 of even-numbered
years, or before such date as may be specified by board rule,
shall automatically lapse. The
{ - board - } { + agency + } may revive and renew any lapsed
license upon payment to it of a delinquent fee in the amount of
$50. However, late renewal of a license may not be granted more
than three years after its expiration.
SECTION 48. ORS 675.300 is amended to read:
675.300. (1) { - The Occupational Therapy Licensing Board - }
{ + In addition to the sanctions described in ORS 676.612, the
Oregon Health Licensing Agency + } may deny, suspend, revoke or
refuse to renew a license { + applied for or issued under ORS
675.210 to 675.340 + } or may impose probationary conditions
where { - the licensee or applicant has - } { + an applicant
for licensure or a person licensed under ORS 675.210 to 675.340
has + }:
(a) Committed unprofessional conduct as defined by the
standards established by the { + Occupational Therapy
Licensing + } Board;
(b) Obtained or attempted to obtain a license by means of
fraud, misrepresentation or concealment of material facts;
(c) Violated any provision of ORS 675.210 to 675.340 or any
order or rule adopted by the board; or
(d) Committed gross negligence or incompetence in the
performance of professional duties.
(2) The { - board - } { + agency + } may suspend or revoke
the license of any person licensed under ORS 675.210 to 675.340
if the licensee has an impairment as defined in ORS 676.303.
(3) When the { - board - } { + agency + } proposes to
refuse to issue or renew a license or proposes to revoke or
suspend a license, opportunity for hearing shall be accorded as
provided in ORS chapter 183.
(4) Judicial review of orders under subsection (3) of this
section shall be conducted in accordance with ORS chapter 183.
(5) Information that the { - board - } { + agency + }
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 8 of this 2013 Act + }.
SECTION 49. ORS 675.320 is amended to read:
675.320. { + (1) + } 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 - } { + the board's duties under + } ORS
675.210 to 675.340:
{ - (1) - } { + (a) + } To organize and elect from its
membership a chairperson and vice chairperson, each of whom shall
hold office for one year or until the election and qualification
of a successor.
{ - (2) 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. - }
{ - (3) To suspend, revoke or invalidate licenses for
nonpayment of renewal fees. - }
{ - (4) To restore licenses that have been suspended, revoked
or voided. - }
{ - (5) - } { + (b) + } To adopt license and license
renewal fees under ORS 675.270, 675.280 and 675.290. The fees
must be approved by the Oregon Department of Administrative
Services and may not exceed the cost of administering ORS 675.210
to 675.340.
{ - (6) To collect license applications and renewal fees. - }
{ - (7) To investigate alleged violations of ORS 675.210 to
675.340. - }
{ - (8) - } { + (c) + } To { - enforce the provisions of
ORS 675.210 to 675.340 and - } generally supervise the practice
of occupational therapy in this state.
{ - (9) - } { + (d) + } To { - make and enforce - }
{ + adopt + } rules in accordance with ORS chapter 183 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.
{ - (10) - } { + (e) + } To establish minimum requirements
for continuing education to be complied with by all licensees
under ORS 675.210 to 675.340.
{ - (11) - } { + (f) + } 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 { + to the Oregon Health
Licensing Agency + }.
{ - (12) - } { + (g) + } To establish official
abbreviations that may be used, under ORS 675.220 (1), by persons
licensed as occupational therapists or occupational therapy
assistants.
{ - (13) - } { + (h) + } To establish minimum requirements
for supervised field work necessary for applicants under ORS
675.240 or 675.250.
{ - (14) - } { + (i) + } To adopt rules that define the
scope of the practice of occupational therapy and that reflect
national standards for the practice of occupational therapy.
{ + (2) The agency shall have the following powers in
addition to powers otherwise granted under ORS 675.210 to 675.340
or necessary to carry out the agency's duties under ORS 675.210
to 675.340:
(a) 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.
(b) To suspend, revoke or invalidate licenses for nonpayment of
renewal fees.
(c) To restore licenses that have been suspended, revoked or
voided.
(d) To collect license applications and renewal fees.
(e) To investigate alleged violations of ORS 675.210 to
675.340. + }
SECTION 50. ORS 675.330 is amended to read:
675.330. (1) { - The Occupational Therapy Licensing Board
Account is established in the State Treasury, separate and
distinct from the General Fund. - } All moneys received by the
{ - Occupational Therapy Licensing Board - } { + Oregon
Health Licensing Agency + } under ORS 675.210 to 675.340 shall be
deposited into the { + Oregon Health Licensing Agency + }
Account and are continuously appropriated to the { - board - }
{ + agency + } to be used { - only - } for the administration
and enforcement of ORS 675.210 to 675.340 and 675.990 (2). Any
interest or other income from moneys in the account shall be
credited to the account.
(2) All civil penalties collected or received for violations of
or in prosecutions under ORS 675.210 to 675.340 shall be
deposited into the { - Occupational Therapy Licensing Board - }
account and shall be used only for the administration and
enforcement of ORS 675.210 to 675.340.
SECTION 51. ORS 675.335 is amended to read:
675.335. (1) Upon the complaint of any citizen of this state,
or upon its own motion, the { - Occupational Therapy Licensing
Board - } { + Oregon Health Licensing Agency + } may investigate
any alleged violation of ORS 675.210 to 675.340. { + Upon
receipt of a complaint under ORS 675.210 to 675.340, the
Occupational Therapy Licensing Board shall report the complaint
to the agency. + } The { - board - } { + agency + } shall
conduct an investigation as described under ORS 676.165.
{ - (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; - }
{ - (e) Compel the production of books, papers, accounts,
documents and testimony pertaining to the matter under
investigation; and - }
{ - (f) Issue subpoenas. - }
{ + (2) Any information the agency or board obtains under
this section is confidential as provided under section 8 of this
2013 Act. + }
SECTION 52. 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 - } { + Oregon Health Licensing Agency + } may impose a
civil penalty on a person who violates the provisions of ORS
675.210 to 675.340 in an amount not to exceed $1,000 for each
violation.
(2) The { - board - } { + agency + } shall impose civil
penalties under this section in the manner provided by ORS
183.745.
(3) All penalties recovered under this section shall be paid
into the { - Occupational Therapy Licensing Board Account
established in ORS 675.330 - } { + Oregon Health Licensing
Agency Account + } and shall be used { - only - } for the
administration and enforcement of ORS 675.210 to 675.340.
SECTION 53. 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 Director { - , under the
direction of the Occupational Therapy Licensing Board, - }
{ + of the Oregon Health Licensing Agency + } shall aid the
district attorney in the enforcement of ORS 675.210 to 675.340
and 675.990 (2).
{ +
STATE BOARD OF LICENSED SOCIAL WORKERS + }
{ +
(Transfer) + }
SECTION 54. { + The duties, functions and powers of the State
Board of Licensed Social Workers relating to the responsibilities
listed in ORS 676.607 (1) and reflected in the amendments to
statutes by sections 61 to 76 of this 2013 Act are imposed upon,
transferred to and vested in the Oregon Health Licensing
Agency. + }
{ +
(Records, Property, Employees) + }
SECTION 55. { + (1) The State Board of Licensed Social Workers
shall:
(a) Deliver to the Oregon Health Licensing Agency all records
and property within the jurisdiction of the board that relate to
the duties, functions and powers transferred by section 54 of
this 2013 Act; and
(b) Transfer to the Oregon Health Licensing Agency those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 54 of this 2013 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 54 of this
2013 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the State
Board of Licensed Social Workers and the Oregon Health Licensing
Agency relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
{ +
(Unexpended Revenues) + }
SECTION 56. { + (1) The State Board of Licensed Social Workers
Account is abolished.
(2) The unexpended balances of amounts authorized to be
expended by the State Board of Licensed Social Workers for the
biennium beginning July 1, 2013, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 54 of this
2013 Act are transferred to and are available for expenditure by
the Oregon Health Licensing Agency for the biennium beginning
July 1, 2013, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 54 of this
2013 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Board of
Licensed Social Workers remain applicable to expenditures by the
Oregon Health Licensing Agency under this section. + }
{ +
(Action, Proceeding, Prosecution) + }
SECTION 57. { + The transfer of duties, functions and powers
to the Oregon Health Licensing Agency by section 54 of this 2013
Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Oregon Health Licensing Agency is substituted for the State
Board of Licensed Social Workers in the action, proceeding or
prosecution. + }
{ +
(Liability, Duty, Obligation) + }
SECTION 58. { + (1) Nothing in this 2013 Act relieves a person
of a liability, duty or obligation accruing under or with respect
to the duties, functions and powers transferred by section 54 of
this 2013 Act. The Oregon Health Licensing Agency may undertake
the collection or enforcement of any such liability, duty or
obligation.
(2) The rights and obligations of the State Board of Licensed
Social Workers legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
operative date of section 54 of this 2013 Act accruing under or
with respect to the duties, functions and powers transferred by
section 54 of this 2013 Act are transferred to the Oregon Health
Licensing Agency. For the purpose of succession to these rights
and obligations, the Oregon Health Licensing Agency is a
continuation of the State Board of Licensed Social Workers and
not a new authority. + }
{ +
(Rules) + }
SECTION 59. { + Notwithstanding the transfer of duties,
functions and powers by section 54 of this 2013 Act, the rules of
the State Board of Licensed Social Workers with respect to such
duties, functions or powers that are in effect on the operative
date of section 54 of this 2013 Act continue in effect until
superseded or repealed by rules of the Oregon Health Licensing
Agency. References in such rules of the State Board of Licensed
Social Workers to the State Board of Licensed Social Workers or
an officer or employee of the State Board of Licensed Social
Workers are considered to be references to the Oregon Health
Licensing Agency or an officer or employee of the Oregon Health
Licensing Agency. + }
SECTION 60. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 54 of
this 2013 Act, reference is made to the State Board of Licensed
Social Workers, or an officer or employee of the State Board of
Licensed Social Workers, whose duties, functions or powers are
transferred by section 54 of this 2013 Act, the reference is
considered to be a reference to the Oregon Health Licensing
Agency or an officer or employee of the Oregon Health Licensing
Agency who by this 2013 Act is charged with carrying out such
duties, functions and powers. + }
{ +
(Amendments to Statutes) + }
SECTION 61. ORS 675.510 is amended to read:
675.510. As used in ORS 675.510 to 675.600, unless the context
requires otherwise:
(1) 'Authorization to practice regulated social work' means a
certificate or license issued by the { - State Board of
Licensed Social Workers - } { + Oregon Health Licensing
Agency + } under ORS 675.510 to 675.600.
(2) 'Clinical social work' means the professional practice of
applying principles and methods with individuals, couples,
families, children and groups, which include, but are not
restricted to:
(a) Providing diagnostic, preventive and treatment services of
a psychosocial nature pertaining to personality adjustment,
behavior problems, interpersonal dysfunctioning or
deinstitutionalization;
(b) Developing a psychotherapeutic relationship to employ a
series of problem solving techniques for the purpose of removing,
modifying, or retarding disrupted patterns of behavior, and for
promoting positive personality growth and development;
(c) Counseling and the use of psychotherapeutic techniques,
such as disciplined interviewing which is supportive, directive
or insight oriented depending upon diagnosed problems,
observation and feedback, systematic analysis, and
recommendations;
(d) Modifying internal and external conditions that affect a
client's behavior, emotions, thinking, or intrapersonal
processes;
(e) Explaining and interpreting the psychosocial dynamics of
human behavior to facilitate problem solving; and
(f) Supervising, administering or teaching clinical social work
practice.
(3) 'Regulated social worker' means a baccalaureate social
worker registered under ORS 675.532, a master's social worker
licensed under ORS 675.533, a clinical social work associate
certified under ORS 675.537 or a clinical social worker licensed
under ORS 675.530.
(4) 'Unprofessional conduct' includes, but is not limited to,
any conduct or practice contrary to recognized standards of
ethics of the social work profession or any conduct that
constitutes or might constitute a danger to the health or safety
of a client or the public or in any other manner fails or might
fail to adhere to the recognized standards of the profession.
SECTION 62. ORS 675.530 is amended to read:
675.530. (1) If an applicant for initial licensure as a
clinical social worker has complied with the requirements of this
section and has paid the fee under ORS 675.571, the { - State
Board of Licensed Social Workers - } { + Oregon Health
Licensing Agency + } shall issue a license to the applicant.
(2) An applicant for licensure as a clinical social worker
shall submit evidence satisfactory to the { - board - }
{ + agency + } that the applicant:
(a) Has complied with all applicable provisions of ORS 675.510
to 675.600 and the applicable rules of the { - board - }
{ + State Board of Licensed Social Workers + };
(b) Holds a master's degree in social work from a college or
university accredited by an accrediting organization recognized
by the board;
(c) Has completed the equivalent of two years of full-time
experience in the field of clinical social work in accordance
with rules of the board;
(d) Has satisfactorily completed the requirements for
certification as a clinical social work associate under ORS
675.537; and
(e) If required under ORS 675.535, has passed the written
examination for licensure as a clinical social worker.
(3) The board shall adopt rules relating to the clinical
experience required under subsection (2)(c) of this section after
consultation with persons active in the field of clinical social
work. The rules may allow for including experience obtained in
the course of the study of social work as part of the clinical
experience required under subsection (2)(c) of this section.
SECTION 63. ORS 675.532 is amended to read:
675.532. (1) If an applicant for initial registration as a
baccalaureate social worker has complied with the requirements of
this section and has paid the fee under ORS 675.571, the
{ - State Board of Licensed Social Workers - } { + Oregon
Health Licensing Agency + } shall register the applicant as a
baccalaureate social worker. Upon registration, the
{ - board - } { + agency + } shall issue notice of the
registration to the applicant.
(2) An applicant for registration as a baccalaureate social
worker shall submit evidence satisfactory to the { - board - }
{ + agency + } that the applicant:
(a) Has complied with the requirements of all applicable
provisions of ORS 675.510 to 675.600 and the applicable rules of
the { - board - } { + State Board of Licensed Social
Workers + };
(b) Holds a bachelor's degree in social work from a college or
university accredited by an accrediting organization recognized
by the board; and
(c) If required under ORS 675.535, has passed the written
examination for registration as a baccalaureate social worker.
SECTION 64. ORS 675.533 is amended to read:
675.533. (1) If an applicant for initial licensure as a
master's social worker has complied with the requirements of this
section and has paid the fee under ORS 675.571, the { - State
Board of Licensed Social Workers - } { + Oregon Health
Licensing Agency + } shall issue a license to the applicant.
(2) An applicant for licensure as a master's social worker
shall submit evidence satisfactory to the { - board - }
{ + agency + } that the applicant:
(a) Has complied with the requirements of all applicable
provisions of ORS 675.510 to 675.600 and the applicable rules of
the { - board - } { + State Board of Licensed Social
Workers + };
(b) Holds a master's degree in social work from a college or
university accredited by an accrediting organization recognized
by the board; and
(c) If required under ORS 675.535, has passed the written
examination for licensure as a master's social worker.
SECTION 65. ORS 675.537 is amended to read:
675.537. (1) If an applicant for initial certification as a
clinical social work associate has complied with the requirements
of this section and has paid the fee under ORS 675.571, the
{ - State Board of Licensed Social Workers - } { + Oregon
Health Licensing Agency + } shall certify the applicant. Upon
certification, the { - board - } { + agency + } shall issue a
certificate to the applicant.
(2) An applicant for certification as a clinical social work
associate shall submit evidence satisfactory to the
{ - board - } { + agency + } that the applicant:
(a) Has complied with all applicable provisions of ORS 675.510
to 675.600 and the applicable rules of the { - board - }
{ + State Board of Licensed Social Workers + };
(b) Holds a master's degree in social work from a college or
university accredited by an accrediting organization recognized
by the board; and
(c) Has developed a plan approved by the { + agency, based on
rules adopted by the + } board { + , + } for completion of
practice and supervision requirements as defined by the rules of
the board.
SECTION 66. ORS 675.540 is amended to read:
675.540. (1) { - The State Board of Licensed Social
Workers - } { + In addition to the sanctions described in ORS
676.612, the Oregon Health Licensing Agency + } may impose any or
all of the sanctions specified in subsection (2) of this section,
upon proof, after a hearing pursuant to the provisions of ORS
chapter 183 relating to a contested case, that a regulated social
worker:
(a) Has been convicted in this or any other state of a crime
that is a felony in this state;
(b) Has been convicted of a felony in a federal court;
(c) Is unable to perform the practice of social work by reason
of physical illness;
(d) Has an impairment as defined in ORS 676.303;
(e) Has been grossly negligent or has engaged in unprofessional
conduct in the practice of social work; or
(f) Has violated any provision of ORS 675.510 to 675.600 or any
rule adopted under ORS 675.600.
(2) Pursuant to the provisions of subsection (1) of this
section, the { - board - } { + agency + } may:
(a) Deny, suspend, revoke or refuse to renew any authorization
to practice regulated social work issued under ORS 675.510 to
675.600.
(b) Place a regulated social worker on probation and impose
conditions or limits on the scope of practice of a regulated
social worker.
(c) Impose { + , in addition to any other penalty provided by
law, + } a civil penalty not to exceed $3,000 for each violation.
(3) The expiration, or voluntary surrender by a regulated
social worker, of an authorization to practice regulated social
work does not deprive the { - board - } { + agency + } of
jurisdiction to proceed with any investigation of, or any action
or disciplinary proceedings against, the regulated social worker.
(4) Information that the { - board - } { + agency + }
obtains as part of an investigation into the conduct of a
regulated social worker or an applicant for an authorization to
practice regulated social work or as part of a contested case
proceeding, consent order or stipulated agreement involving the
conduct of a regulated social worker or applicant, is
confidential as provided under { - ORS 676.175 - }
{ + section 8 of this 2013 Act + }.
(5) Subject to the provisions of ORS chapter 183 relating to a
contested case, the { - board - } { + agency + } may
impose { + , in addition to any other penalty provided by
law, + } a civil penalty in an amount up to $5,000 upon proof
that, after a person's authorization to practice regulated social
work has been revoked by the { - board - } { + agency + }, the
person has:
(a) Engaged in the practice of clinical social work; or
(b) Represented that the person is a regulated social worker.
SECTION 67. ORS 675.545 is amended to read:
675.545. To safeguard the people of the State of Oregon from
the dangers of unqualified and improper practice of social work,
a regulated social worker whose authorization to practice
regulated social work has been revoked by the { - State Board
of Licensed Social Workers - } { + Oregon Health Licensing
Agency + } may not:
(1) Engage in or offer to engage in the practice of clinical
social work.
(2) Represent that the person is a regulated social worker by
using any title, words or abbreviations that indicate that the
person has an authorization to practice regulated social work.
SECTION 68. ORS 675.550 is amended to read:
675.550. If the { - State Board of Licensed Social
Workers - } { + Oregon Health Licensing Agency + } has revoked
or refused to reissue or renew an authorization to practice
regulated social work, the
{ - board - } { + agency + } may reissue the authorization
after one year from the date of the revocation or the date the
reissuance or renewal was refused.
SECTION 69. ORS 675.560 is amended to read:
675.560. (1) An authorization to practice regulated social work
granted by the { - State Board of Licensed Social Workers - }
{ + Oregon Health Licensing Agency + } under ORS 675.510 to
675.600 is effective when the authorization is issued by the
{ - board - } { + agency + }.
(2) An authorization to practice regulated social work granted
by the { - board - } { + agency + } expires on the date
established by the { - board - } { + State Board of Licensed
Social Workers + } by rule.
(3) The board shall adopt rules setting forth requirements for
renewal of a baccalaureate social worker registration and renewal
of a master's social worker license.
(4) A clinical social work associate certified by the
{ - board - } { + agency + } under ORS 675.537 may renew the
certification by:
(a) Payment of the renewal fee established under ORS 675.571;
and
(b) Submission of a sworn statement by the associate, on a form
provided by the { - board - } { + agency + }, that
demonstrates to the
{ - board's - } { + agency's + } satisfaction that
satisfactory progress is being made toward completion of the
associate's adopted supervisory plan.
(5) A clinical social worker licensed under ORS 675.530 may
renew the license by:
(a) Payment of the renewal fee established under ORS 675.571;
and
(b) Submission of a sworn statement by the applicant, on a form
provided by the { - board - } { + agency + }, that the
applicant:
(A) Has completed applicable continuing education requirements
established by the board under ORS 675.565; and
(B) Is unaware of any reason for denial of the renewal.
SECTION 69a. ORS 675.565 is amended to read:
675.565. (1) The State Board of Licensed Social Workers may
establish by rule continuing education requirements for the
renewal of authorizations to practice regulated social work.
(2) The board may { - require - } { + adopt rules requiring
that + } applicants for renewal of authorization to practice
regulated social work to submit { + to the Oregon Health
Authority + } evidence of completion of continuing education
requirements as a condition of renewal in order to ensure the
highest quality of professional services to the public.
SECTION 70. ORS 675.571 is amended to read:
675.571. (1) The State Board of Licensed Social Workers
{ + shall adopt, and the Oregon Health Licensing Agency
+ }shall collect { + , + } fees for:
(a) Examination and reexamination.
(b) An initial authorization to practice regulated social work.
(c) Renewal of an authorization to practice regulated social
work.
(d) Delinquent renewal of an authorization to practice
regulated social work.
(2) Fees collected under subsection (1) of this section shall
be deposited in the { - State Board of Licensed Social Workers
Account established under ORS 675.597 - } { + Oregon Health
Licensing Agency Account + } and shall be used to defray the
expenses of { - the board - } { + administering and enforcing
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 may not exceed the cost of
administering { - the regulatory program 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 Licensed Social Workers, as the budget may be modified by the
Emergency Board - } { + and enforcing ORS 675.510 to
675.600 + }.
(4) The { - State Board of Licensed Social Workers may
impose - } { + board may adopt, and the agency may impose, + }
a delinquent renewal fee for an authorization to practice
regulated social work if the application for renewal is not filed
and accepted by the renewal date established by the board by
rule, but is filed and accepted within 30 days of the renewal
date. An authorization to practice regulated social work is
lapsed if an application for renewal is not filed and accepted
within 30 days of the renewal date.
(5) Fees collected under this section are nonrefundable.
SECTION 71. ORS 675.580 is amended to read:
675.580. (1) A regulated social worker or any employee of the
regulated social worker may not disclose any communication given
by a client in the course of noninvestigatory professional
activity when the communication was given to enable the regulated
social worker to aid the client, except when:
(a) The client or a person legally responsible for the client's
affairs gives consent to the disclosure;
(b) The client initiates legal action or makes a complaint
against the regulated social worker to the State Board of
Licensed Social Workers { + or the Oregon Health Licensing
Agency + };
(c) The { - board - } { + agency + } requests the
information as part of an investigation or proceeding;
(d) The communication reveals a clear intent to commit a crime
that reasonably is expected to result in physical injury to a
person;
(e) The communication reveals that a minor was the victim of a
crime, abuse or neglect;
(f) Disclosure of the communication is necessary to obtain
further professional assistance for the client; or
(g) Disclosure of the communication is otherwise required by
ORS 124.060, 419B.010 or 430.765.
(2) Nothing in this section is intended to prevent a regulated
social worker who is a public employee from disclosing
communications from a client when the disclosure is made in the
performance of the regulated social worker's duty as a public
employee and the public employer has determined that the
disclosure is necessary in the performance of the duty of the
regulated social worker as a public employee.
SECTION 72. ORS 675.583 is amended to read:
675.583. (1) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, a regulated social worker shall report to the State
Board of Licensed Social Workers any information the regulated
social worker has that appears to show that a regulated social
worker is or may be an impaired professional as defined in ORS
676.185, or may have engaged in unprofessional conduct according
to the guidelines of the code of ethics, to the extent that
disclosure does not conflict with the requirements of ORS
675.580.
(2) A regulated social worker shall report any prohibited
conduct as defined in ORS 676.150 in the manner provided in ORS
676.150.
(3) Notwithstanding { - ORS 676.175 - } { + sections 8 and
9 of this 2013 Act + }, any information that the board obtains
pursuant to subsection (1) of this section is confidential and
may not be disclosed except { + as authorized under ORS 676.150
or + } as provided by the board by rule.
(4) A person who reports or provides information to the board
under subsection (1) of this section in good faith is not subject
to an action for civil damages as a result of reporting or
providing information to the board.
SECTION 73. ORS 675.585 is amended to read:
675.585. (1) Upon complaint of any person, or upon its own
initiative, the { - State Board of Licensed Social Workers - }
{ + Oregon Health Licensing Agency + } may investigate any
alleged violation of ORS 675.510 to 675.600. { + Upon receipt of
a complaint under ORS 675.510 to 675.600, the State Board of
Licensed Social Workers shall report the complaint to the
agency. + }
(2) Any information that the { + agency or + } board obtains
pursuant to subsection (1) of this section is confidential as
provided under { - ORS 676.175 - } { + section 8 of this 2013
Act + } and is not admissible in judicial proceedings, other than
judicial review as provided for under ORS 183.480 { - , until
the board votes to take final action - } .
(3) Any person who reports or provides information to the { +
agency or + } board under subsection (1) of this section in good
faith is not subject to an action for civil damages as a result
thereof.
(4) In addition to any other privilege or immunity provided by
law, { + the agency, + } members of the board, members of
{ - its - } { + the board's + } administrative { - and
investigative - } staff, agents of the { + agency or + } board
and attorneys acting for the { + agency or + } board as
{ - prosecutors or - } counsel have the same privileges and
immunities from civil, administrative and criminal proceedings
arising by reason of official actions as prosecuting and judicial
officers of the state.
(5) A person who has made a complaint to the { + agency or + }
board or who has given information or testimony relative to a
proposed or pending proceeding before the { - board - }
{ + agency + } is not answerable for any such act in any
proceeding except for perjury.
SECTION 74. ORS 675.595 is amended to read:
675.595. { + (1) + } In addition to the powers otherwise
granted under ORS 675.510 to 675.600, the State Board of Licensed
Social Workers shall have the following powers:
{ - (1) - } { + (a) + } To determine the qualifications of
applicants to practice social work in this state.
{ - (2) - } { + (b) + } To cause to have examinations
prepared, conducted and graded.
{ - (3) To grant authorizations to practice regulated social
work to qualified applicants upon their compliance with the
provisions of ORS 675.510 to 675.600 and the rules of the
board. - }
{ - (4) To grant or deny renewal of authorizations to
practice regulated social work. - }
{ - (5) To suspend or revoke authorizations to practice
regulated social work. - }
{ - (6) To issue letters of reprimand. - }
{ - (7) To impose probationary periods with the authority to
restrict the scope of practice of a regulated social worker. - }
{ - (8) To require that a regulated social worker: - }
{ - (a) Practice under supervision; - }
{ - (b) Obtain additional training in social work; or - }
{ - (c) 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. - }
{ - (9) To impose civil penalties as provided in ORS
675.540. - }
{ - (10) To restore authorizations to practice regulated
social work that have been suspended, revoked or voided by
nonpayment of the renewal fee. - }
{ - (11) - } { + (c) + } To { - collect - }
{ + adopt + } fees for application, examination and
reexamination of applicants for initial authorizations to
practice regulated social work as provided in ORS 675.571.
{ - (12) - } { + (d) + } To { - collect - }
{ + adopt + } fees for renewal of authorizations to practice
regulated social work as provided in ORS 675.671.
{ - (13) - } { + (e) + } To { - collect - }
{ + adopt + } delinquent renewal fees as provided in ORS 675.571
(4).
{ - (14) To investigate alleged violations of ORS 675.510 to
675.600. - }
{ - (15) 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. - }
{ - (16) - } { + (f) + } To { - enforce ORS 675.510 to
675.600 and - } exercise general supervision over the practice
of social work in this state.
{ - (17) - } { + (g) + } To adopt a common seal.
{ - (18) - } { + (h) + } To formulate { - and enforce - }
a code of professional conduct for the practice of social work
giving particular consideration to the code of ethics.
{ - (19) - } { + (i) + } To formulate { - and enforce - }
continuing education requirements for regulated social workers to
ensure the highest quality of professional services to the
public.
{ - (20) 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. - }
{ - (21) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, to require the
fingerprints of a person who is: - }
{ - (a) Applying for an authorization to practice regulated
social work; - }
{ - (b) Applying for renewal of an authorization to practice
regulated social work; or - }
{ - (c) Under investigation by the board. - }
{ + (2) In addition to the powers otherwise granted under ORS
675.510 to 675.600, the Oregon Health Licensing Agency shall have
the following powers:
(a) To grant authorizations to practice regulated social work
to qualified applicants upon their compliance with the provisions
of ORS 675.510 to 675.600 and the rules of the board.
(b) To grant or deny renewal of authorizations to practice
regulated social work.
(c) To suspend or revoke authorizations to practice regulated
social work.
(d) To issue letters of reprimand.
(e) To impose probationary periods with the authority to
restrict the scope of practice of a regulated social worker.
(f) To require that a regulated social worker:
(A) Practice under supervision;
(B) Obtain additional training in social work; or
(C) 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
agency.
(g) To impose civil penalties as provided in ORS 675.540.
(h) To restore authorizations to practice regulated social work
that have been suspended, revoked or voided by nonpayment of the
renewal fee.
(i) To collect fees for application, examination and
reexamination of applicants for initial authorizations to
practice regulated social work as provided in ORS 675.571.
(j) To collect fees for renewal of authorizations to practice
regulated social work as provided in ORS 675.671.
(k) To collect delinquent renewal fees as provided in ORS
675.571 (4).
(L) To investigate alleged violations of ORS 675.510 to
675.600.
(m) To take such other disciplinary action as the agency in its
discretion finds proper, including but not limited to assessment
of the costs of the disciplinary process. + }
SECTION 74a. ORS 675.600 is amended to read:
675.600. The State Board of Licensed Social Workers shall:
(1) Pursuant to ORS chapter 183, adopt rules necessary to carry
out the provisions of ORS 675.510 to 675.600.
(2) Publish annually a list of the names and addresses of all
persons who have been authorized to practice regulated social
work. { + The Oregon Health Licensing Agency shall provide the
board with all information necessary for the administration of
this subsection. + }
(3) Establish a voluntary arbitration procedure that may be
invoked with the consent of clients and regulated social workers
whereby disputes between clients and workers may be resolved.
(4) Report to the Legislative Assembly on its activities
regarding authorizations to practice regulated social work during
the preceding biennium.
SECTION 74b. ORS 675.990 is amended to read:
675.990. (1)(a) Violation of any provision of ORS 675.010 to
675.150 is a Class C misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, violation
of ORS 675.020 is a Class A misdemeanor.
(2) Violation of any provision of ORS 675.220 is a Class B
misdemeanor.
(3) The following shall be Class C misdemeanors:
(a) Any violation of ORS 675.520;
(b) Obtaining or attempting to obtain or renew an authorization
to practice regulated social work by bribery or fraudulent
representation;
(c) Knowingly making a false statement in connection with any
application for an authorization to practice regulated social
work under ORS 675.510 to 675.600; or
(d) Knowingly making a false statement on any form adopted by
the { + Oregon Health Licensing Agency or + } State Board of
Licensed Social Workers in accordance with ORS 675.510 to
675.600, or the rules adopted under ORS 675.510 to 675.600.
SECTION 75. ORS 675.992 is amended to read:
675.992. Subject to the provisions of ORS chapter 183 relating
to a contested case, the { - State Board of Licensed Social
Workers - } { + Oregon Health Licensing Agency + } may
impose { + , in addition to any other penalty provided by
law, + } a civil penalty of up to $3,000 upon proof that a person
who is not a regulated social worker has:
(1) Represented that the person is a regulated social worker;
or
(2) Used the title 'social worker' or any title, words or
abbreviations that indicate that the person has an authorization
to practice regulated social work in violation of ORS 675.520.
SECTION 76. ORS 675.994 is amended to read:
675.994. Subject to the provisions of ORS chapter 183 relating
to a contested case, the { - State Board of Licensed Social
Workers - } { + Oregon Health Licensing Agency + } may
impose { + , in addition to any other penalty provided by
law, + } a civil penalty of up to $5,000 upon proof that a person
who is not a clinical social worker licensed under ORS 675.530 or
a clinical social work associate certified under ORS 675.537 has:
(1) Engaged in the practice of clinical social work, unless the
person is permitted to practice clinical social work under ORS
675.523; or
(2) Represented that the person is a clinical social worker or
clinical social work associate.
{ +
OREGON BOARD OF LICENSED + }
{ +
PROFESSIONAL COUNSELORS AND THERAPISTS + }
{ +
(Transfer) + }
SECTION 77. { + The duties, functions and powers of the Oregon
Board of Licensed Professional Counselors and Therapists relating
to the responsibilities listed in ORS 676.607 (1) and reflected
in the amendments to statutes and session law by sections 84 to
95 of this 2013 Act are imposed upon, transferred to and vested
in the Oregon Health Licensing Agency. + }
{ +
(Records, Property, Employees) + }
SECTION 78. { + (1) The Oregon Board of Licensed Professional
Counselors and Therapists shall:
(a) Deliver to the Oregon Health Licensing Agency all records
and property within the jurisdiction of the board that relate to
the duties, functions and powers transferred by section 77 of
this 2013 Act; and
(b) Transfer to the Oregon Health Licensing Agency those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 77 of this 2013 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 77 of this
2013 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the Oregon
Board of Licensed Professional Counselors and Therapists and the
Oregon Health Licensing Agency relating to transfers of records,
property and employees under this section, and the Governor's
decision is final. + }
{ +
(Unexpended Revenues) + }
SECTION 79. { + (1) The Oregon Board of Licensed Professional
Counselors and Therapists Account is abolished.
(2) The unexpended balances of amounts authorized to be
expended by the Oregon Board of Licensed Professional Counselors
and Therapists for the biennium beginning July 1, 2013, from
revenues dedicated, continuously appropriated, appropriated or
otherwise made available for the purpose of administering and
enforcing the duties, functions and powers transferred by section
77 of this 2013 Act are transferred to and are available for
expenditure by the Oregon Health Licensing Agency for the
biennium beginning July 1, 2013, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 77 of this 2013 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Oregon Board of
Licensed Professional Counselors and Therapists remain applicable
to expenditures by the Oregon Health Licensing Agency under this
section. + }
{ +
(Action, Proceeding, Prosecution) + }
SECTION 80. { + The transfer of duties, functions and powers
to the Oregon Health Licensing Agency by section 77 of this 2013
Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Oregon Health Licensing Agency is substituted for the Oregon
Board of Licensed Professional Counselors and Therapists in the
action, proceeding or prosecution. + }
{ +
(Liability, Duty, Obligation) + }
SECTION 81. { + (1) Nothing in this 2013 Act relieves a person
of a liability, duty or obligation accruing under or with respect
to the duties, functions and powers transferred by section 77 of
this 2013 Act. The Oregon Health Licensing Agency may undertake
the collection or enforcement of any such liability, duty or
obligation.
(2) The rights and obligations of the Oregon Board of Licensed
Professional Counselors and Therapists legally incurred under
contracts, leases and business transactions executed, entered
into or begun before the operative date of section 77 of this
2013 Act accruing under or with respect to the duties, functions
and powers transferred by section 77 of this 2013 Act are
transferred to the Oregon Health Licensing Agency. For the
purpose of succession to these rights and obligations, the Oregon
Health Licensing Agency is a continuation of the Oregon Board of
Licensed Professional Counselors and Therapists and not a new
authority. + }
{ +
(Rules) + }
SECTION 82. { + Notwithstanding the transfer of duties,
functions and powers by section 77 of this 2013 Act, the rules of
the Oregon Board of Licensed Professional Counselors and
Therapists with respect to such duties, functions or powers that
are in effect on the operative date of section 77 of this 2013
Act continue in effect until superseded or repealed by rules of
the Oregon Health Licensing Agency. References in such rules of
the Oregon Board of Licensed Professional Counselors and
Therapists to the Oregon Board of Licensed Professional
Counselors and Therapists or an officer or employee of the Oregon
Board of Licensed Professional Counselors and Therapists are
considered to be references to the Oregon Health Licensing Agency
or an officer or employee of the Oregon Health Licensing
Agency. + }
SECTION 83. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 77 of
this 2013 Act, reference is made to the Oregon Board of Licensed
Professional Counselors and Therapists, or an officer or employee
of the Oregon Board of Licensed Professional Counselors and
Therapists, whose duties, functions or powers are transferred by
section 77 of this 2013 Act, the reference is considered to be a
reference to the Oregon Health Licensing Agency or an officer or
employee of the Oregon Health Licensing Agency who by this 2013
Act is charged with carrying out such duties, functions and
powers. + }
{ +
(Amendments to Statutes and Session Law) + }
SECTION 84. ORS 675.715 is amended to read:
675.715. In order to obtain a license as a professional
counselor or a marriage and family therapist, an applicant shall
make application on a form and in such a manner as the
{ - Oregon Board of Licensed Professional Counselors and
Therapists - } { + Oregon Health Licensing Agency + }
prescribes, accompanied by the nonrefundable fee established
pursuant to ORS 675.785. The { - board - } { + agency + }
shall issue a license as a professional counselor or a marriage
and family therapist to each applicant who furnishes satisfactory
evidence to the { - board - } { + agency + } that the
applicant meets the following qualifications:
(1) Is not in violation of any of the provisions of ORS 675.715
to 675.835 { - and - } { + or + } the rules adopted by the
{ - board - } { + Oregon Board of Licensed Professional
Counselors and Therapists + }.
(2) Has received:
(a) A graduate degree in counseling in a program approved by
the Council for Accreditation of Counseling and Related
Educational Programs of the American Counseling Association that
includes training in the diagnosis of mental disorders;
(b) A graduate degree in marriage and family therapy in a
program approved by the Commission on Accreditation for Marriage
and Family Therapy Education of the American Association for
Marriage and Family Therapy that includes training in the
diagnosis of mental disorders;
(c) A graduate degree, under standards explicitly adopted by
the board by rule that is determined by the { - board - }
{ + agency + } to be comparable in both content and quality to a
degree approved under paragraph (a) or (b) of this subsection and
that includes training in the diagnosis of mental disorders; or
(d) A graduate degree, determined by the { - board - }
{ + agency + } to meet at an acceptable level at least a
majority of the board's adopted degree standards and that
includes training in the diagnosis of mental disorders, and has
completed additional graduate training obtained in a counselor or
marriage and family therapy program at an accredited college or
university to meet the remainder of the standards.
(3) At the time of application to become a licensed
professional counselor, has a minimum of three years of full-time
supervised clinical experience, or the equivalent, under a
board-approved supervisor in a board-approved setting. One year
of the supervised clinical experience may be obtained prior to
the granting of the master's degree.
(4) At the time of application to become a licensed marriage
and family therapist, has a minimum of three years of full-time
clinical work experience with supervision, in accordance with
standards established by the board. At least 2,000 hours in the
three-year period must be in the practice of marriage and family
therapy in the presence of a client.
(5) Demonstrates competence as a professional counselor or
marriage and family therapist by passing an examination
prescribed by the board as follows:
(a) The examination for professional counselor license must
include, but need not be limited to, counseling theory, human
growth and development, social and cultural foundations, the
helping relationship, group dynamics, lifestyle and career
development, appraisal of individuals, research and evaluation,
professional orientation, ethics and Oregon law.
(b) The examination for the marriage and family therapist
license must include, but need not be limited to, marriage and
family therapy theory, systems theory, appraisal of family
relationships, normal individual and family development, research
and evaluation, professional conduct, ethics and Oregon law.
(6) An application that remains incomplete for one year from
the date of the initial submission to the { - board - }
{ + agency + } is considered to have been withdrawn by the
applicant. Incomplete applications include, but are not limited
to, applications lacking documentation, signatures or the payment
of fees { - required - } { + established + } by the board
{ + by rule + }.
SECTION 85. ORS 675.720 is amended to read:
675.720. (1) If an applicant for a license under ORS 675.715
possesses the graduate degree required by ORS 675.715 but has not
submitted documentation satisfactory to the { - Oregon Board of
Licensed Professional Counselors and Therapists - } { + Oregon
Health Licensing Agency + } that the applicant has the required
supervised clinical work experience, the applicant must register
an internship plan { + with the agency for approval by the
Oregon Board of Licensed Professional Counselors and Therapists
+ }to obtain acceptable post-degree supervised work experience
to qualify for a license as a professional counselor or as a
marriage and family therapist.
(2) To register as a professional counselor intern or as a
marriage and family therapist intern under this section, the
applicant shall submit in the form and manner determined by the
{ - board - } { + agency + }:
(a) A request for registration; and
(b) A plan { + , for approval by the board, + } to obtain or
complete the supervised clinical work experience required for
licensure.
(3) The { - board - } { + agency + } shall register the
applicant as an intern upon receipt { - and approval - } of
the completed request and { + board approval of the + } plan
required in subsection (2) of this section.
(4)(a) A registered intern must renew the certificate of
registration annually on or before the first day of the month in
which the { - board approved the initial registration - }
{ + agency registered the applicant + }. To renew a certificate
of registration, a registered intern shall:
(A) Submit a renewal application in the form and manner
established by the { - board - } { + agency + } accompanied
by a renewal fee pursuant to ORS 675.785; and
(B) Document fulfillment of all other requirements established
by the board by rule.
(b) Failure to renew a registration within 30 days of the
annual renewal date terminates the registration and the
application for licensure.
(5) Registered interns are subject to all ethical standards
adopted by the board.
SECTION 86. Section 2, chapter 50, Oregon Laws 2010, is amended
to read:
{ + Sec. 2. + } (1) A person licensed under ORS 675.715 to
675.835 on January 1, 2010, may not practice professional
counseling or marriage and family therapy after January 1, 2012,
unless the person has submitted a written attestation to the
{ - Oregon Board of Licensed Professional Counselors and
Therapists - } { + Oregon Health Licensing Agency + } that the
person has training and experience in the diagnosis of mental
disorders.
(2) The { - board - } { + agency + } shall randomly audit
attestations submitted under subsection (1) of this section.
SECTION 87. ORS 675.725 is amended to read:
675.725. (1) A license issued under ORS 675.715 to 675.835 is
subject to annual renewal.
(2) A licensee seeking renewal of a license shall:
(a) Pay { + to the Oregon Health Licensing Agency + } the
license renewal fee on or before the renewal date established by
the Oregon Board of Licensed Professional Counselors and
Therapists by rule;
(b) Provide { + to the agency + } proof of fulfillment of any
requirements of the board for continuing education and
supervision;
(c) Submit to the { - board - } { + agency + } a sworn
statement on a form provided by the { - board - }
{ + agency + } certifying that there is no reason for denial of
the license renewal; and
(d) Maintain professional disclosure statements as required by
the board by rule.
(3) A licensee may renew a license after the date for license
renewal by paying { + to the agency + } the renewal fee and a
late filing fee for license renewal prior to the expiration of
the grace period for license renewal established by the board by
rule.
(4) A licensee may not continue to practice as a licensed
professional counselor or a licensed marriage and family
therapist after expiration of the license.
(5) A person whose license has expired may apply to be
relicensed as follows:
(a) If the person's previous license has been expired for more
than two years, the person must apply and qualify for a new
license in the same manner as a person who has never been
licensed.
(b) If the person's previous license has been expired for two
years or less, the person is not required to meet the degree,
experience and examination standards for a person who has never
been licensed, but must meet all other requirements for
relicensure as the board may establish by rule. An application
for relicensure under this subsection must be submitted in the
manner required by the { - board - } { + agency + } and must
be accompanied by the payment of the application fee and one
annual renewal fee.
SECTION 88. ORS 675.735 is amended to read:
675.735. Upon application therefor accompanied by the
appropriate fees established under ORS 675.785, the { - Oregon
Board of Licensed Professional Counselors and Therapists - }
{ + Oregon Health Licensing Agency + } shall grant a license as
a professional counselor or marriage and family therapist if the
applicant provides evidence to the satisfaction of the
{ - board - } { + agency + } that the applicant is recognized
as a professional counselor or marriage and family therapist in
another state in which the requirements for such recognition are,
in the judgment of the { - board - } { + agency + }, at least
equivalent to the licensing requirements of ORS 675.715 to
675.835 and rules of the { - board - } { + Oregon Board of
Licensed Professional Counselors and Therapists + }.
SECTION 89. ORS 675.745 is amended to read:
675.745. (1) { - The Oregon Board of Licensed Professional
Counselors and Therapists - } { + In addition to the sanctions
described in ORS 676.612, the Oregon Health Licensing Agency + }
may deny, suspend, revoke or refuse to issue or to renew any
license issued under ORS 675.715 to 675.835 upon proof that the
applicant for licensure or the licensee:
(a) Has been convicted of violating ORS 675.825 or of a crime
in this or any other state or territory or against the federal
government that brings into question the competence of the
licensee in the role of a counselor or a therapist;
(b) Is unable to perform the practice of professional
counseling or marriage and family therapy by reason of physical
illness;
(c) Has an impairment as defined in ORS 676.303;
(d) Has been grossly negligent in the practice of professional
counseling or marriage and family therapy;
(e) Has violated one or more of the rules of the
{ - board - } { + Oregon Board of Licensed Professional
Counselors and Therapists + } pertaining to the licensure of
professional counselors or licensed marriage and family
therapists;
(f) Has failed to file a professional disclosure statement or
has filed a false, incomplete or misleading professional
disclosure statement;
(g) Has practiced outside the scope of activities, including
administering, constructing or interpreting tests or diagnosing
or treating mental disorders, for which the licensee has
individual training and qualification; or
(h) Has been disciplined by a state mental health licensing
board or program in this or any other state for violation of
competency or conduct standards.
(2)(a) The { - board - } { + agency + } may reprimand or
impose probation on a licensee or a registered intern upon proof
of any of the grounds for discipline provided in subsection (1)
of this section.
(b) If the { - board - } { + agency + } elects to place a
licensee or a registered intern on probation, the { - board - }
{ + agency + } may impose:
(A) Restrictions on the scope of practice of the licensee or
intern;
(B) Requirements for specific training;
(C) Supervision of the practice of the licensee or intern; or
(D) Other conditions the { - board - } { + agency + } finds
necessary for the protection of the public.
(3) The { - board - } { + agency + } may initiate action
against persons violating any provision of ORS 675.715 to 675.835
or any rules adopted by the board.
(4) Pursuant to ORS 183.745, the { - board - }
{ + agency + } may impose { + , in addition to any other penalty
provided by law, + } a civil penalty of not more than $2,500 for
each ground for discipline listed in subsection (1) of this
section found by the { - board - } { + agency + }.
(5) Pursuant to ORS 183.745, the { - board - }
{ + agency + } may impose { + , in addition to any other penalty
provided by law, + } a civil penalty of not more than $2,500 for
each violation of or failure to observe any limitation or
condition imposed by the { - board - } { + agency + } on the
licensee's or registered intern's practice under subsection (2)
of this section.
(6) Information that the { - board - } { + agency + }
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 8 of this 2013 Act + }.
(7) In addition to the actions authorized by subsections (1)
and (2) of this section, the { - board - } { + agency + } may
take such disciplinary action as the { - board - }
{ + agency + } in its discretion finds proper, including but not
limited to the assessment of the costs of the disciplinary
process.
SECTION 90. ORS 675.755 is amended to read:
675.755. (1) Except as provided in subsection (6) of this
section, prior to the performance of professional counseling or
marriage and family therapy, the licensee must furnish the client
with a copy of a professional disclosure statement. If the
licensee fails to provide the statement, the licensee shall not
charge a client a fee for services.
(2) A professional disclosure statement shall include the
following information regarding the applicant or licensee:
(a) Name, business address and telephone number;
(b) Philosophy and approach to counseling or marriage and
family therapy;
(c) Formal education and training;
(d) Continuing education and supervision requirements; and
(e) Fee schedules.
(3) The statement must include the name, address and telephone
number of the Oregon Board of Licensed Professional Counselors
and Therapists { + and the Oregon Health Licensing Agency + }.
(4) An applicant shall submit a professional disclosure
statement for { - board - } { + agency + } approval upon
application for a license.
(5) Whenever an applicant or licensee makes a change in the
professional disclosure statement, the new statement shall be
presented to the { - board - } { + agency + } for approval.
(6) The board may adopt by rule exemptions from the
requirements of this section.
SECTION 91. ORS 675.765 is amended to read:
675.765. { + (1) + } A licensee or any employee of the
licensee shall not disclose any communication given the licensee
by a client in the course of noninvestigatory professional
activity when such communication was given to enable the licensee
to aid the client, except:
{ - (1) - } { + (a) + } When the client or those persons
legally responsible for the affairs of the client give consent to
the disclosure;
{ - (2) - } { + (b) + } When the client initiates legal
action or makes a complaint against the licensed professional
counselor or licensed marriage and family therapist to the Oregon
Board of Licensed Professional Counselors and Therapists { + or
the Oregon Health Licensing Agency + };
{ - (3) - } { + (c) + } When the communication reveals the
intent to commit a crime or harmful act;
{ - (4) - } { + (d) + } When the communication reveals that
a minor is or is suspected to be the victim of a crime, abuse or
neglect; or
{ - (5) - } { + (e) + } When responding to an inquiry by
the { - board - } { + agency + } made during the course of an
investigation into the conduct of the licensee under ORS 676.165
{ - to 676.180 - } .
{ + (2)(a) Upon receipt of a complaint under ORS 675.715 to
675.835, the board shall report the complaint to the agency.
(b) Any information the agency or board obtains under this
section is confidential as provided under section 8 of this 2013
Act. + }
SECTION 92. ORS 675.785 is amended to read:
675.785. { + (1) + } The Oregon Board of Licensed Professional
Counselors and Therapists has the following powers:
{ - (1) - } { + (a) + } In accordance with the applicable
provisions of ORS chapter 183, the board shall adopt rules
necessary for the administration of the laws the board is charged
with administering.
{ - (2) - } { + (b) + } Subject to any applicable
provisions of the State Personnel Relations Law, the board may
appoint, prescribe the duties and fix the compensation of
employees of the board necessary to carry out the duties of the
board.
{ - (3) - } { + (c) + } The board may { - impose - }
{ + establish + } nonrefundable fees { + , to be collected by
the Oregon Health Licensing Agency, + } in an amount set by rule
for the following:
{ - (a) - } { + (A) + } License application.
{ - (b) - } { + (B) + } First issuance of a license.
{ - (c) - } { + (C) + } Renewal of a license.
{ - (d) - } { + (D) + } Late filing of a license renewal.
{ - (e) - } { + (E) + } Renewal of registration as an
intern.
{ - (f) - } { + (F) + } Examinations. Examination fees
shall not exceed the costs incurred in administering the
particular examination. Fees established under this
{ - subsection - } { + paragraph + } 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.
{ + (d) The board shall form standards committees for the
purpose of establishing, examining and passing 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. Each
standards committee shall establish standards and requirements
for continuing education and supervision, as appropriate.
(e) The board may adopt a seal to be affixed to all licenses.
(f) 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.
(g) 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.
(h) The board shall adopt rules requiring 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. + }
{ - (4) - } { + (2) Using information provided by the
Oregon Health Licensing Agency, + } 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 - } { + require the collection of + } a
publication fee.
{ - (5) - } { + (3) + } The { - board - }
{ + agency + } shall:
(a) Investigate alleged violations of the provisions of ORS
675.715 to 675.835 or rules adopted under authority of the board.
(b) 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 - } { + agency + } 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) 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) - } { + (c) + } { - 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) 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) The board may adopt a seal to be affixed to all
licenses. - }
{ - (11) 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) 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) 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) The standards committee shall establish standards
and requirements for continuing education and supervision, as
appropriate. - }
{ - (15) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the board may require
the fingerprints of a person who is: - }
{ - (a) Applying for a license that is issued by the
board; - }
{ - (b) Applying for renewal of a license that is issued by
the board; or - }
{ - (c) Under investigation by the board. - }
SECTION 93. ORS 675.805 is amended to read:
675.805. All moneys received by the Oregon Board of Licensed
Professional Counselors and Therapists 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 Oregon Board of Licensed
Professional Counselors and Therapists Account, which is hereby
established - } { + Oregon Health Licensing Agency Account + }.
Such moneys are appropriated continuously and shall be used
{ - only - } for the administration and enforcement of ORS
675.715 to 675.835.
SECTION 94. ORS 675.825 is amended to read:
675.825. (1) A person may not:
(a) Attempt to obtain or obtain a license or license renewal by
bribery or fraudulent representation.
(b) Engage in or purport to the public to be engaged in the
practice of professional counseling under the title 'licensed
professional counselor' unless the person is a licensee.
(c) Engage in or purport to the public to be engaged in the
practice of marriage and family therapy under the title of '
licensed marriage and family therapist' unless the person is a
licensee.
(d) Engage in the practice of professional counseling or
marriage and family therapy unless:
(A) The person is a licensee, registered intern or graduate
student pursuing a graduate degree in counseling or marriage and
family therapy; or
(B) The person is exempted from the licensing requirements of
ORS 675.715 to 675.835 by subsection (3) of this section.
(e) Provide counseling or therapy services of a
psychotherapeutic nature if the person's license to practice as a
professional counselor or as a marriage and family therapist has
been revoked by the { - Oregon Board of Licensed Professional
Counselors and Therapists - } { + Oregon Health Licensing
Agency + } because the person engaged in sexual activity with a
client.
(2) A licensed psychologist whose license, or a regulated
social worker whose authorization to practice regulated social
work, was issued prior to October 1, 1991, may use the title '
marriage and family therapist. '
(3) The licensing requirements of ORS 675.715 to 675.835 do not
apply to a person who is:
(a) Licensed, certified, registered or similarly regulated
under the laws of this state and who is performing duties within
the authorized scope of practice of the license, certification,
registration or regulation.
(b) A recognized member of the clergy, provided that the person
is acting in the person's ministerial capacity.
(c) Employed by a local, state or federal agency or any agency
licensed or certified by the state to provide mental health or
health services, if the person's activities constituting
professional counseling or marriage and family therapy are
performed within the scope of the person's employment.
(d) Authorized to provide addiction treatment services under
rules of the Department of Human Services.
(4) Nothing in ORS 675.715 to 675.835 limits or prevents the
practice of a person's profession or restricts a person from
providing counseling services or services related to marriage and
family if the person:
(a) Does not meet the requirements of ORS 675.715 (2); or
(b) Does not practice:
(A) Marriage and family therapy as defined in ORS 675.705
(5)(a); or
(B) Professional counseling as defined in ORS 675.705 (6)(a).
(5) Each violation of this section is a separate violation.
(6) { - The board - } { + In addition to any other penalty
provided by law, the agency + } may levy a civil penalty not to
exceed $2,500 for each separate violation of this section.
SECTION 95. ORS 675.835 is amended to read:
675.835. (1) The { - Oregon Board of Licensed Professional
Counselors and Therapists - } { + Oregon Health Licensing
Agency + } may commence injunction proceedings in any circuit
court to enjoin violation of ORS 675.825.
(2) In proceedings under this section, the { - board - }
{ + agency + } need not show that any person is injured by the
person against whom the injunction is sought.
(3)(a) If the person against whom an injunction is sought under
this section is found by the court to have unlawfully used the
title 'licensed professional counselor' or 'licensed marriage and
family therapist,' a court may grant an injunction barring the
person from using the title.
(b) If the person against whom an injunction is sought under
this section is found by the court to have unlawfully engaged in
the practice of professional counseling or marriage and family
therapy, a court may grant an injunction barring the person from
engaging in the unlawful practice.
(4) An injunction under this section is in addition to any
other remedies or penalties provided by law.
{ +
STATE BOARD OF EXAMINERS FOR + }
{ +
SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY + }
{ +
(Transfer) + }
SECTION 96. { + The duties, functions and powers of the State
Board of Examiners for Speech-Language Pathology and Audiology
relating to the responsibilities listed in ORS 676.607 (1) and
reflected in the amendments to statutes by sections 103 to 117 of
this 2013 Act are imposed upon, transferred to and vested in the
Oregon Health Licensing Agency. + }
{ +
(Records, Property, Employees) + }
SECTION 97. { + (1) The State Board of Examiners for
Speech-Language Pathology and Audiology shall:
(a) Deliver to the Oregon Health Licensing Agency all records
and property within the jurisdiction of the board that relate to
the duties, functions and powers transferred by section 96 of
this 2013 Act; and
(b) Transfer to the Oregon Health Licensing Agency those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 96 of this 2013 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 96 of this
2013 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the State
Board of Examiners for Speech-Language Pathology and Audiology
and the Oregon Health Licensing Agency relating to transfers of
records, property and employees under this section, and the
Governor's decision is final. + }
{ +
(Unexpended Revenues) + }
SECTION 98. { + (1) The State Board of Examiners for
Speech-Language Pathology and Audiology Account is abolished.
(2) The unexpended balances of amounts authorized to be
expended by the State Board of Examiners for Speech-Language
Pathology and Audiology for the biennium beginning July 1, 2013,
from revenues dedicated, continuously appropriated, appropriated
or otherwise made available for the purpose of administering and
enforcing the duties, functions and powers transferred by section
96 of this 2013 Act are transferred to and are available for
expenditure by the Oregon Health Licensing Agency for the
biennium beginning July 1, 2013, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 96 of this 2013 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Board of
Examiners for Speech-Language Pathology and Audiology remain
applicable to expenditures by the Oregon Health Licensing Agency
under this section. + }
{ +
(Action, Proceeding, Prosecution) + }
SECTION 99. { + The transfer of duties, functions and powers
to the Oregon Health Licensing Agency by section 96 of this 2013
Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Oregon Health Licensing Agency is substituted for the State
Board of Examiners for Speech-Language Pathology and Audiology in
the action, proceeding or prosecution. + }
{ +
(Liability, Duty, Obligation) + }
SECTION 100. { + (1) Nothing in this 2013 Act relieves a
person of a liability, duty or obligation accruing under or with
respect to the duties, functions and powers transferred by
section 96 of this 2013 Act. The Oregon Health Licensing Agency
may undertake the collection or enforcement of any such
liability, duty or obligation.
(2) The rights and obligations of the State Board of Examiners
for Speech-Language Pathology and Audiology legally incurred
under contracts, leases and business transactions executed,
entered into or begun before the operative date of section 96 of
this 2013 Act accruing under or with respect to the duties,
functions and powers transferred by section 96 of this 2013 Act
are transferred to the Oregon Health Licensing Agency. For the
purpose of succession to these rights and obligations, the Oregon
Health Licensing Agency is a continuation of the State Board of
Examiners for Speech-Language Pathology and Audiology and not a
new authority. + }
{ +
(Rules) + }
SECTION 101. { + Notwithstanding the transfer of duties,
functions and powers by section 96 of this 2013 Act, the rules of
the State Board of Examiners for Speech-Language Pathology and
Audiology with respect to such duties, functions or powers that
are in effect on the operative date of section 96 of this 2013
Act continue in effect until superseded or repealed by rules of
the Oregon Health Licensing Agency. References in such rules of
the State Board of Examiners for Speech-Language Pathology and
Audiology to the State Board of Examiners for Speech-Language
Pathology and Audiology or an officer or employee of the State
Board of Examiners for Speech-Language Pathology and Audiology
are considered to be references to the Oregon Health Licensing
Agency or an officer or employee of the Oregon Health Licensing
Agency. + }
SECTION 102. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 96 of
this 2013 Act, reference is made to the State Board of Examiners
for Speech-Language Pathology and Audiology, or an officer or
employee of the State Board of Examiners for Speech-Language
Pathology and Audiology, whose duties, functions or powers are
transferred by section 96 of this 2013 Act, the reference is
considered to be a reference to the Oregon Health Licensing
Agency or an officer or employee of the Oregon Health Licensing
Agency who by this 2013 Act is charged with carrying out such
duties, functions and powers. + }
{ +
(Amendments to Statutes) + }
SECTION 103. ORS 681.260 is amended to read:
681.260. An applicant is eligible for licensing by the
{ - State Board of Examiners for Speech-Language Pathology and
Audiology - } { + Oregon Health Licensing Agency + } as a
speech-language pathologist if the applicant:
(1) Possesses a master's or doctoral degree in speech-language
pathology from an educational institution accredited by an
accrediting organization approved by the { - board - }
{ + State Board of Examiners for Speech-Language Pathology and
Audiology + }, or an equivalent degree as determined by the
board;
(2) Completed all requirements for the degree required by
subsection (1) of this section at an educational institution
accredited by an accrediting organization approved by the board;
(3) Has completed supervised clinical experience required by
the board by rule;
(4) Has passed examinations required by the board by rule; and
(5) Meets other requirements established by the board by rule.
SECTION 104. ORS 681.264 is amended to read:
681.264. An applicant is eligible for licensing by the
{ - State Board of Examiners for Speech-Language Pathology and
Audiology - } { + Oregon Health Licensing Agency + } as an
audiologist if the applicant:
(1) Possesses a degree from an educational institution
accredited by an accrediting organization approved by the
{ - board - } { + State Board of Examiners for Speech-Language
Pathology and Audiology + } that meets the following
requirements:
(a) If the degree was awarded on or before August 30, 2007, the
applicant must possess a master's or doctoral degree in
audiology; or
(b) If the degree was awarded after August 30, 2007, the
applicant must possess a doctoral degree with an emphasis in
audiology, or an equivalent degree as determined by the board;
(2) Completed all requirements for the degree required by
subsection (1) of this section at an educational institution
accredited by an accrediting organization approved by the board;
(3) Has completed supervised clinical experience required by
the board by rule;
(4) Has passed examinations required by the board by rule; and
(5) Meets other requirements established by the board by rule.
SECTION 105. 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 - } { + Oregon Health
Licensing Agency under this chapter + } shall make application to
the { - board - } { + agency + }.
(2) The application shall be made upon a form and in the manner
prescribed by the { - board - } { + agency + }.
(3) The application required by this section shall be
accompanied by a nonrefundable application fee established by the
{ - board - } { + State Board of Examiners for
Speech-Language Pathology and Audiology + }.
SECTION 106. ORS 681.285 is amended to read:
681.285. (1) The { - State Board of Examiners for
Speech-Language Pathology and Audiology may adopt rules allowing
for the issuance of - } { + Oregon Health Licensing Agency may
issue + } a temporary speech-language pathology or audiology
license or a temporary speech-language pathology assistant
certificate { + to applicants meeting requirements established
by the State Board of Examiners for Speech-Language Pathology and
Audiology by rule + }.
(2) The board may establish fees for temporary licenses and
certificates.
SECTION 106a. ORS 681.300 is amended to read:
681.300. The { + Oregon Health Licensing Agency, in accordance
with rules adopted by the + } State Board of Examiners for
Speech-Language Pathology and Audiology { + , + } may waive the
examination described in ORS 681.290 and grant a license to:
(1) An applicant who holds the Certificate of Clinical
Competence of the American Speech-Language-Hearing Association in
the area for which the person is applying for a license.
(2) An audiology applicant who is certified by the American
Board of Audiology.
SECTION 107. ORS 681.320 is amended to read:
681.320. (1) On or before December 31 of each odd-numbered
year, or on or before such date as may be specified by rule of
the State Board of Examiners for Speech-Language Pathology and
Audiology, each licensed speech-language pathologist or
audiologist shall submit to the { - board - } { + Oregon
Health Licensing Agency + } an application for renewal of license
and pay the renewal fee established by the board. The application
shall include the following:
(a) Evidence of participation in professional development.
Participation in professional development includes continuing
education or other demonstrations of professional development
that the board may recognize by rule.
(b) Evidence of compliance with all other requirements
established by the board.
(2) A person who applies for renewal and whose license has
expired may not be required to submit to any examination as a
condition to renewal if the renewal application is made within
four years from the date of expiration of the license.
(3) A suspended license is subject to expiration and must be
renewed as provided in this section, but renewal does not entitle
the licensee while the license remains suspended to engage in the
licensed activity, or in any other activity or conduct that
violates the order or judgment by which the license was
suspended.
(4) A license revoked on disciplinary grounds is subject to
expiration and may not be renewed. If the license is reinstated
after its expiration, the licensee, as a condition of
reinstatement, shall pay a reinstatement fee in an amount equal
to the renewal fee in effect on the last preceding regular
renewal date before the date on which it is reinstated, plus a
delinquency fee, if any, accrued at the time of revocation of the
license.
(5) A person who fails to renew a license within the four years
after its expiration may not renew the license. The license may
not be restored, reissued or reinstated thereafter, but the
person may reapply for and obtain a new license if the person
meets the requirements of this chapter and rules adopted by the
board.
SECTION 108. ORS 681.325 is amended to read:
681.325. (1) A conditional license permits an individual to
practice speech-language pathology or audiology while the person
completes the licensing requirements of this chapter.
(2) The { - State Board of Examiners for Speech-Language
Pathology and Audiology - } { + Oregon Health Licensing
Agency + } may issue a conditional license to practice
speech-language pathology or audiology to an applicant who:
(a) Except for the examination and supervised post-graduate
professional practice in speech-language pathology or audiology,
meets the license requirements under ORS 681.260 or 681.264
{ + and the applicable rules of the State Board of Examiners for
Speech-Language Pathology and Audiology + }; and
(b) Demonstrates to the satisfaction of the { - board - }
{ + agency + } that for the term of the conditional license the
applicant will practice speech-language pathology or audiology
only under the supervision of a speech-language pathologist or
audiologist under this chapter.
(3) A conditional license expires on the first anniversary of
its effective date.
(4) The { - board - } { + agency + } may renew the
conditional license for one additional one-year term if the
holder:
(a) Continues to meet the requirements of subsection (2) of
this section;
(b) Submits a conditional license renewal application to the
{ - board - } { + agency + } on { - the - } { + a + }
form that the { - board - } { + agency + } requires; and
(c) Pays to the { - board - } { + agency + } a conditional
license renewal fee established by the board.
SECTION 109. ORS 681.340 is amended to read:
681.340. (1) The State Board of Examiners for Speech-Language
Pathology and Audiology may, by rule, { - impose - }
{ + adopt + } fees { + , to be collected by the Oregon Health
Licensing Agency, + } for the following:
(a) License or certificate fee and renewal thereof.
(b) Delinquency fee.
(c) Application fee.
(d) Inactive license fee.
(e) Conditional license fee and renewal thereof.
(f) Temporary license or certificate fee and renewal thereof.
(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 rule, provide for waiver of such
fee where the license is issued less than 45 days before the date
on which it will expire.
(3) Fees established by the board under subsection (1) of this
section shall be in accordance with ORS 291.050 to 291.060.
(4) The fees collected by the { - board - } { + agency + }
are exclusive and a municipality may not require any person
licensed under the provisions of this chapter to furnish any bond
or pass any examination.
SECTION 110. ORS 681.350 is amended to read:
681.350. (1) { - The State Board of Examiners for
Speech-Language Pathology and Audiology - } { + In addition to
the sanctions described in ORS 676.612, the Oregon Health
Licensing Agency + } may refuse to issue or renew any license or
conditional license { + under this chapter + }, may suspend or
revoke any license or conditional license { + under this
chapter + }, may reprimand any licensee or conditional licensee
{ + under this chapter + } or may place any licensee or
conditional licensee on probation { + under this chapter + } if
the applicant, licensee or conditional licensee has:
(a) Obtained or attempted to obtain a license or conditional
license by means of fraud, misrepresentation, or concealment of
material facts.
(b) Violated any ethical standards of practice established
under ORS 681.420.
(c) Violated any lawful order or rule of the { - board - }
{ + State Board of Examiners for Speech-Language Pathology and
Audiology + }.
(d) Violated any provisions of this chapter.
(e) Been disciplined by a professional licensing board in
another state or in this state.
(f) An impairment as defined in ORS 676.303.
(2) An applicant, a licensee or a conditional licensee is
entitled to an opportunity for a hearing that complies with all
applicable requirements of ORS chapter 183 before the
{ - board - } { + agency + } takes final action under
subsection (1) of this section.
(3) A person whose license has been revoked or whose
application for a license has been denied may apply for
reinstatement or licensure only under conditions, if any, set
forth in the { - board's - } { + agency's + } final order of
revocation or denial of license.
(4) In disciplining a licensee or a conditional licensee { +
under this section + }, the { - board - } { + agency + } may
impose any disciplinary action the { - board - }
{ + agency + } finds proper, including assessment of costs of
the disciplinary proceedings as a civil penalty.
SECTION 111. ORS 681.360 is amended to read:
681.360. (1) A person may not perform the duties of a
speech-language pathology assistant or use the title
speech-language pathology assistant without a certificate to do
so issued under this section.
(2) To obtain a certificate to perform the duties of a
speech-language pathology assistant, a person shall:
(a) Submit an application in the form prescribed by the
{ - State Board of Examiners for Speech-Language Pathology and
Audiology - } { + Oregon Health Licensing Agency + };
(b) Pay the certificate fee established by the { - board - }
{ + State Board of Examiners for Speech-Language Pathology and
Audiology + };
(c) Demonstrate that the person meets the qualifications for
certification established by the board; and
(d) Comply with all other requirements for certification
established by the board.
(3) A certificate issued under this section expires every two
years. To renew a certificate to perform the duties of a
speech-language pathology assistant, a person shall:
(a) Submit the renewal application in the form prescribed by
the { - board - } { + agency + };
(b) Pay the renewal fee established by the board; and
(c) Comply with all other requirements for certificate renewal
established by the board, including but not limited to submission
of evidence of participation in professional development
activities.
(4) A person may not employ or otherwise use the services of a
speech-language pathology assistant unless the speech-language
pathology assistant is certified under this section.
(5) The board may establish by rule qualifications and
conditions under which a person not licensed under this chapter
who holds a basic or standard teaching license in speech impaired
or an initial or continuing teaching license in communication
disorders issued by the Teacher Standards and Practices
Commission may supervise a speech-language pathology assistant
working in a school.
(6) The { - board - } { + agency + } may refuse to issue a
certificate, or may suspend or revoke the certificate, of any
certified speech-language pathology assistant pursuant to the
provisions of ORS 681.350.
SECTION 112. ORS 681.420 is amended to read:
681.420. { + (1) + } The State Board of Examiners for
Speech-Language Pathology and Audiology shall:
{ - (1) Administer, coordinate and enforce the provisions of
this chapter; - }
{ - (2) - } { + (a) + } { - Evaluate - } { + Adopt by
rule + } 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
violate the provisions of this chapter; - }
{ - (4) - } { + (b) + } Conduct hearings and keep records
and minutes as the board deems necessary to an orderly dispatch
of business;
{ - (5) - } { + (c) + } Adopt rules and regulations,
including but not limited to governing ethical standards of
practice under this chapter; and
{ - (6) - } { + (d) + } Adopt a seal by which the board
shall authenticate its proceedings.
{ + (2) + } Copies of { - the - } proceedings, records and
acts of the board, signed by the executive director or
chairperson of the board and stamped with the seal { + adopted
under subsection (1)(d) of this section + }, shall be prima facie
evidence of the truth of such documents.
{ + (3) The Oregon Health Licensing Agency shall:
(a) Administer, coordinate and enforce the provisions of this
chapter;
(b) Evaluate the qualifications of applicants for licenses
issued under this chapter in accordance with rules adopted by the
board; and
(c) Investigate persons engaging in practices that violate the
provisions of this chapter. + }
SECTION 113. ORS 681.440 is amended to read:
681.440. { + (1) + } All meetings of the State Board of
Examiners for Speech-Language Pathology and Audiology for the
consideration of and action on matters coming before the board
are open to the public, except:
{ - (1) - } { + (a) + } Matters involving the management of
internal affairs of the board and its staff may be considered and
acted upon by the board in executive meetings under rules
prescribed by the board.
{ - (2) - } { + (b) + } Sessions to prepare, approve, grade
or administer examinations.
{ - (3) - } { + (c) + } Upon request of a person who has
failed the licensing examination and is appearing to appeal the
failing grade.
{ - (4) - } { + (2) + } An investigation { + by the Oregon
Health Licensing Agency + } into licensee or applicant conduct or
as part of a contested case proceeding, consent order or
stipulated agreement involving licensee or applicant conduct
{ - to the extent made confidential by ORS 676.175 - } { + is
subject to section 8 of this 2013 Act + }.
SECTION 114. ORS 681.480 is amended to read:
681.480. { - The State Board of Examiners for Speech-Language
Pathology and Audiology Account is established in the State
Treasury, separate and distinct from the General Fund. All moneys
received by the State Board of Examiners for Speech-Language
Pathology and Audiology under this chapter shall be deposited
into the account and are continuously appropriated to the board
for the administration and enforcement of this chapter. Any
interest or other income from moneys in the account shall be
credited to the account. - } { + All moneys received by the
Oregon Health Licensing Agency under this chapter shall be
deposited in the Oregon Health Licensing Agency Account and are
continuously appropriated to the agency for the administration
and enforcement of this chapter. + }
SECTION 115. ORS 681.490 is amended to read:
681.490. (1) { - The State Board of Examiners for
Speech-Language Pathology and Audiology - } { + The Oregon
Health Licensing Agency + }:
(a) May, upon its own motion, investigate any alleged violation
of this chapter.
(b) Shall, upon the complaint of any resident of this state,
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, vice chairperson or executive director and
the seal of the board in the name of the State of Oregon. - }
{ - (4) - } { + (2) + } The { - board - }
{ + agency + } may bring a cause of action for injunction or
other appropriate remedy to enforce any provision of this
chapter.
{ - (5) - } { + (3) + } In addition to or in lieu of any
other sanction
{ - permitted under this chapter - } { + provided by law + },
the { - board - } { + agency + } may impose a civil penalty
of up to $5,000 for each violation of the provisions of this
chapter or rules adopted by the { - board - } { + State Board
of Examiners for Speech-Language Pathology and Audiology + }
under this chapter. A civil penalty imposed under this section
shall be imposed in the manner provided in ORS 183.745.
SECTION 116. ORS 681.495 is amended to read:
681.495. { + (1) + } Upon receipt of a complaint under this
chapter, the { - State Board of Examiners for Speech-Language
Pathology and Audiology - } { + Oregon Health Licensing
Agency + } shall conduct an investigation as described under ORS
676.165. { + Upon receipt of a complaint under this chapter, the
State Board of Examiners for Speech-Language Pathology and
Audiology shall report the complaint to the agency.
(2) Any information the agency or board obtains under this
section is confidential as provided under section 8 of this 2013
Act. + }
SECTION 117. ORS 681.505 is amended to read:
681.505. (1)(a) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, a { - licensee of the State Board of Examiners for
Speech-Language Pathology and Audiology - } { + person licensed
under this chapter + } shall report any suspected violation of
this chapter or any prohibited conduct as defined in ORS 676.150
in the manner provided in ORS 676.150.
(b) Any person may report to the { - board - } { + State
Board of Examiners for Speech-Language Pathology and Audiology or
the Oregon Health Licensing Agency + } any suspected violation of
this chapter.
(2) A person who has made a complaint as to the conduct of an
applicant { - , - } { + for a license in or a + } licensee or
conditional licensee of { - the board - } { + speech-language
pathology or audiology + } or who has given information or
testimony relative to a proposed or pending proceeding for
misconduct against the applicant, licensee or conditional
licensee { - of the board - } is not answerable for any such
act in any proceeding except for perjury.
{ +
STATE BOARD OF CHIROPRACTIC EXAMINERS + }
{ +
(Transfer) + }
SECTION 118. { + The duties, functions and powers of the State
Board of Chiropractic Examiners relating to the responsibilities
listed in ORS 676.607 (1) and reflected in the amendments to
statutes by sections 125 to 141 of this 2013 Act are imposed
upon, transferred to and vested in the Oregon Health Licensing
Agency. + }
{ +
(Records, Property, Employees) + }
SECTION 119. { + (1) The State Board of Chiropractic Examiners
shall:
(a) Deliver to the Oregon Health Licensing Agency all records
and property within the jurisdiction of the board that relate to
the duties, functions and powers transferred by section 118 of
this 2013 Act; and
(b) Transfer to the Oregon Health Licensing Agency those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 118 of this 2013 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 118 of this
2013 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the State
Board of Chiropractic Examiners and the Oregon Health Licensing
Agency relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
{ +
(Unexpended Revenues) + }
SECTION 120. { + (1) The State Board of Chiropractic Examiners
Account is abolished.
(2) The unexpended balances of amounts authorized to be
expended by the State Board of Chiropractic Examiners for the
biennium beginning July 1, 2013, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 118 of this
2013 Act are transferred to and are available for expenditure by
the Oregon Health Licensing Agency for the biennium beginning
July 1, 2013, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 118 of this
2013 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Board of
Chiropractic Examiners remain applicable to expenditures by the
Oregon Health Licensing Agency under this section. + }
{ +
(Action, Proceeding, Prosecution) + }
SECTION 121. { + The transfer of duties, functions and powers
to the Oregon Health Licensing Agency by section 118 of this 2013
Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Oregon Health Licensing Agency is substituted for the State
Board of Chiropractic Examiners in the action, proceeding or
prosecution. + }
{ +
(Liability, Duty, Obligation) + }
SECTION 122. { + (1) Nothing in this 2013 Act relieves a
person of a liability, duty or obligation accruing under or with
respect to the duties, functions and powers transferred by
section 118 of this 2013 Act. The Oregon Health Licensing Agency
may undertake the collection or enforcement of any such
liability, duty or obligation.
(2) The rights and obligations of the State Board of
Chiropractic Examiners legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the operative date of section 118 of this 2013 Act accruing under
or with respect to the duties, functions and powers transferred
by section 118 of this 2013 Act are transferred to the Oregon
Health Licensing Agency. For the purpose of succession to these
rights and obligations, the Oregon Health Licensing Agency is a
continuation of the State Board of Chiropractic Examiners and not
a new authority. + }
{ +
(Rules) + }
SECTION 123. { + Notwithstanding the transfer of duties,
functions and powers by section 118 of this 2013 Act, the rules
of the State Board of Chiropractic Examiners with respect to such
duties, functions or powers that are in effect on the operative
date of section 118 of this 2013 Act continue in effect until
superseded or repealed by rules of the Oregon Health Licensing
Agency. References in such rules of the State Board of
Chiropractic Examiners to the State Board of Chiropractic
Examiners or an officer or employee of the State Board of
Chiropractic Examiners are considered to be references to the
Oregon Health Licensing Agency or an officer or employee of the
Oregon Health Licensing Agency. + }
SECTION 124. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 118 of
this 2013 Act, reference is made to the State Board of
Chiropractic Examiners, or an officer or employee of the State
Board of Chiropractic Examiners, whose duties, functions or
powers are transferred by section 118 of this 2013 Act, the
reference is considered to be a reference to the Oregon Health
Licensing Agency or an officer or employee of the Oregon Health
Licensing Agency who by this 2013 Act is charged with carrying
out such duties, functions and powers. + }
{ +
(Amendments to Statutes) + }
SECTION 125. ORS 684.040, as amended by section 14, chapter 43,
Oregon Laws 2012, 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 - } { + Oregon
Health Licensing Agency in a form and manner prescribed by the
agency + }. The application must be accompanied by nonrefundable
fees of:
(a) $150; and
(b) The amount established by the { - board - } { + State
Board of Chiropractic Examiners + } by rule under ORS 181.534.
(2) Each applicant shall furnish to the { - board - }
{ + agency + }:
(a) Evidence satisfactory to the { - board - }
{ + agency + } 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 Oregon
Student Access Commission.
(d) A diploma and transcript, certified by the registrar, or
other documents satisfactory to the { - State Board of
Chiropractic Examiners - } { + agency + } 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 { - State - } board { - of Chiropractic
Examiners - } { + by rule + }.
(3) An applicant meets the requirements of subsection (2)(c) or
(d) of this section if the applicant provides the { - State
Board of Chiropractic Examiners - } { + agency + } with
documentation of military training or experience that the
{ - board - } { + agency + } determines { + , in accordance
with rules adopted by the board, + } is substantially equivalent
to the education required by subsection (2)(c) or (d) of this
section.
(4) { - The State Board of Chiropractic Examiners - }
{ + In accordance with rules adopted by the board, the
agency + } 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 125a. 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) The board shall give an examination on subjects described
in subsection (3) 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 { + to the
Oregon Health Licensing Agency + } of a fee not to exceed $100.
(3) 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 may 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 126. 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 - }
{ + administered or accepted + } by { + the State Board of
Chiropractic Examiners under + } ORS 684.050 or 684.052, an
applicant shall be licensed { + by the Oregon Health Licensing
Agency + } as a chiropractic physician upon payment of a fee of
$100 unless the { - State Board of Chiropractic Examiners - }
{ + agency + } refuses to grant the license on grounds specified
in ORS 684.100.
(2) Every chiropractic physician shall promptly notify the
{ - board - } { + agency + } 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 { + by the agency + } as ancillary personnel upon
payment of a fee of $50. The annual renewal fee for the
certificate is $50. In addition, the { - board - }
{ + agency + } may charge an application fee of $25 and an
examination fee of $35.
SECTION 127. 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 - } { + Oregon
Health Licensing Agency + } that the person possesses
qualifications at least equal to those required of persons
eligible for { - licensing - } { + licensure + } 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. { - In addition, the board may
fix - } { + The State Board of Chiropractic Examiners may adopt
by rule + } the minimum number of years of practice required to
qualify for a license under this section.
SECTION 128. 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 the renewal date of each year after a license
is issued to the person, pay to the { - State Board of
Chiropractic Examiners - } { + Oregon Health Licensing
Agency + } an annual registration fee in an amount determined by
rule of the State Board of Chiropractic Examiners { - and
approved by the Oregon Department of Administrative Services - }
.
(2) The maximum annual registration fee for a person actively
practicing chiropractic may not exceed $300.
(3) The maximum annual registration fee for a person not
actively practicing chiropractic may not exceed $175.
(4) The maximum annual registration fee for an active senior
may not exceed 75 percent of the annual active registration fee.
(5) The { - board - } { + agency + }, at least 30 days
prior to the renewal date, shall mail to the last-known
professional address of each licensed chiropractor in this state
a notice of the requirements of ORS 684.092 and that the
registration fee will be due on or before the renewal date next
following.
(6) The annual registration fee is payable only by personal,
corporate or certified check, by money order or by credit card.
(7) 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 the renewal date of the year for which the failure occurs.
(8) The licenses not renewed on time shall not be renewed
except upon written application and a payment to the
{ - board - } { + agency + } of the fee for the license
category plus a delinquent fee of $100 for each week or portion
thereof, not to exceed $500, and upon compliance with or
exemption from the requirements of ORS 684.092. A licensee 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.
SECTION 129. ORS 684.092 is amended to read:
684.092. (1) Except as provided in subsection (3) of this
section, a chiropractic physician submitting a fee under ORS
684.090 shall, at the same time, { - verify with - }
{ + submit + } satisfactory evidence { + to the Oregon Health
Licensing Agency of + } the successful completion of
{ - approved - } continuing chiropractic education { +
approved by the State Board of Chiropractic Examiners + } during
the preceding 12-month period as provided in subsection (2) of
this section and completion, or documentation of previous
completion, of:
(a) A pain management education program approved by the
{ - State - } board { - of Chiropractic Examiners - } and
developed in conjunction with the Pain Management Commission
established under ORS 413.570; or
(b) An equivalent pain management education program, as
determined by the board.
(2) A chiropractic physician submitting a fee under ORS 684.090
shall verify completion during the previous 12-month period of:
(a) At least 20 hours of approved continuing chiropractic
education, for a person actively practicing chiropractic.
(b) At least six hours of approved continuing chiropractic
education, for an active senior.
(3) { + In accordance with rules adopted by + } the
{ - State - } board { - of Chiropractic Examiners - } { + ,
the agency + } may exempt a chiropractic physician from the
requirements of subsection (1) of this section upon an
application by the chiropractic physician showing by evidence
satisfactory to the { - board - } { + agency + } that the
chiropractic physician is unable to comply with the requirements
because of unusual or extenuating circumstances or because no
program has been approved by the board.
SECTION 130. ORS 684.094 is amended to read:
684.094. (1) { - The State Board of Chiropractic Examiners
shall require - } A person seeking approval of a program of
continuing chiropractic education { - to submit proof - }
{ + shall submit proof to the Oregon Health Licensing Agency + }
that the course complies with the continuing education
requirements established by the { - board - } { + State Board
of Chiropractic Examiners + }.
(2) The board may approve { + by rule + } any program covering
new, review, experimental, research or specialty subjects in the
field of chiropractic to be presented by persons reasonably
qualified to do so.
(3) Approval granted to a program under subsection (2) of this
section shall be reviewed periodically and approval shall be
withdrawn from a program that fails to meet the requirements of
the board.
SECTION 131. ORS 684.100 is amended to read:
684.100. (1) { - The State Board of Chiropractic
Examiners - } { + In addition to the sanctions described in ORS
676.612, the Oregon Health Licensing Agency + } may refuse to
grant a license to { - any - } { + an + } applicant { + for
licensure under this chapter + } or may discipline a person
{ + subject to the provisions of this chapter + } upon any of
the following grounds:
(a) Fraud or misrepresentation.
(b) The practice of chiropractic under a false or assumed name.
(c) The impersonation of another practitioner of like or
different name.
(d) A conviction of a felony or misdemeanor involving moral
turpitude. A copy of the record of conviction, certified to by
the clerk of the court entering the conviction, is conclusive
evidence of the conviction.
(e) Impairment as defined in ORS 676.303.
(f) Unprofessional or dishonorable conduct, including but not
limited to:
(A) Any conduct or practice contrary to recognized standard of
ethics of the chiropractic 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 adversely affect a physician's ability safely
and skillfully to practice chiropractic.
(B) Willful ordering or performance of unnecessary laboratory
tests or studies; administration of unnecessary treatment;
failure to obtain consultations or perform referrals when failing
to do so is not consistent with the standard of care; or
otherwise ordering or performing any chiropractic service, X-ray
or treatment that is contrary to recognized standards of practice
of the chiropractic profession.
(C) Gross malpractice or repeated malpractice.
(g) Failing to notify the { - board - } { + agency + } of a
change in location of practice as provided in ORS 684.054.
(h) Representing to a patient that a manifestly incurable
condition of sickness, disease or injury can be permanently
cured.
(i) The use of any advertising making untruthful, improper,
misleading or deceptive statements.
(j) The advertising of techniques or modalities to infer or
imply superiority of treatment or diagnosis by the use thereof
that cannot be conclusively proven { - to the satisfaction of
the board - } { + as determined by the State Board of
Chiropractic Examiners by rule + }.
(k) Knowingly permitting or allowing any person to use the
license of the person in the practice of any system or mode of
treating the sick.
(L) Advertising either in the name of the person or under the
name of another person, clinic or concern, actual or pretended,
in any newspaper, pamphlet, circular or other written or printed
paper or document, professing superiority to or a greater skill
than that possessed by other chiropractic physicians that cannot
be conclusively proven { - to the satisfaction of the board - }
{ + as determined by the board by rule + }.
(m) Aiding or abetting the practice of any of the healing arts
by an unlicensed person.
(n) The use of the name of the person under the designation, '
Doctor,' 'Dr.,' 'D.C.,' 'Chiropractor,' 'Chiropractic D.C.,'
'Chiropractic Physician,' or 'Ph.C.,' or any similar designation
with reference to the commercial exploitation of any goods, wares
or merchandise.
(o) The advertising or holding oneself out to treat diseases or
other abnormal conditions of the human body by any secret
formula, method, treatment or procedure.
(p) Violation of any provision of this chapter or any rule
adopted thereunder.
(q) Gross incompetency or gross negligence.
(r) The suspension or revocation by another state of a license
to practice chiropractic, based upon acts by the licensee similar
to acts described in this section. A certified copy of the record
of suspension or revocation of the state making the suspension or
revocation is conclusive evidence thereof.
(s) Failing to give prior notice to patients of the permanent
or temporary closure of the physician's practice or failing to
give reasonable access to the records and files of the
physician's patients at any time.
(t) The suspension or revocation by another licensing board in
the state of a license to practice as another type of health care
provider.
(u) An act or conduct that results in a judgment of wrongdoing
by a court of competent jurisdiction in any state or a finding of
wrongdoing in an administrative proceeding in any state. The act
or conduct must be rationally connected to the ability to
practice chiropractic or chiropractic assisting.
(2) The { - board - } { + agency + } may, at any time two
years or more after the refusal, revocation or cancellation of
registration under this section, { - by a majority vote, - }
issue a license restoring to or conferring on the person all the
rights and privileges of the practice of chiropractic as defined
and regulated by this chapter. Any person to whom those rights
have been restored shall pay to the { - board - }
{ + agency + } the annual registration fee for the license
category plus one-half thereof.
(3) If the { - board - } { + agency + } determines that a
chiropractic physician's continuation in practice would
constitute a serious danger to the public, the { - board - }
{ + agency + } may suspend the license of the chiropractic
physician without a hearing. Simultaneously with the order of
suspension, the { - board - } { + agency + } must institute
proceedings for a hearing provided under this section and the
suspension may continue unless injunctive relief is obtained from
a court of competent jurisdiction showing just cause or undue
burden under the circumstances existing.
{ - (4) If a physician refuses a written request for an
informal interview with the board, the board shall have grounds
to suspend or revoke the license of a physician pursuant to this
section. - }
{ - (5) Prior to or following an informal interview as
described in this section, the board may request any Oregon
licensed chiropractic physician in good standing to assist the
board in preparing for or conducting any professional competency
examination as the board may deem appropriate. - }
{ - (6) Notwithstanding any other provisions of ORS 684.010,
684.040, 684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and
684.155, the board may at any time direct and order a
professional competency examination limited to the area of
practice out of which a specific complaint has arisen and make an
investigation, including the taking of depositions or otherwise
in order to fully inform itself with respect to the performance
or conduct of a physician licensed under ORS 684.010, 684.040,
684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and
684.155. - }
{ - (7) - } { + (4) + } If the { - board - }
{ + agency + } has reasonable cause to believe that any:
(a) Chiropractic physician is or may be unable to practice with
reasonable skill and safety to patients, the { - board - }
{ + agency + } may { - : - }
{ - (A) - } cause a competency examination { + , to be
developed by the board in accordance with ORS 684.185 and rules
adopted by the board, + } of the physician for purposes of
determining the physician's fitness to practice chiropractic with
reasonable skill and safety to patients { - ; or - }
{ - (B) Require the fingerprints and relevant personal
history data of the physician for the purpose of requesting a
state or nationwide criminal records check under ORS 181.534 - }
.
(b) Person certified to provide physiotherapy, electrotherapy
or hydrotherapy pursuant to ORS 684.155 { - (1)(c) - }
{ + (1)(a)(C) + } is or may be unable to provide the therapies
with reasonable skill and safety to patients, the { - board - }
{ + agency + } may { - : - }
{ - (A) - } cause a competency examination { + , to be
developed by the board in accordance with ORS 684.185 and rules
adopted by the board, + } of the person for purposes of
determining the person's fitness to provide the therapies with
reasonable skill and safety to patients { - ; or - }
{ - (B) Require the fingerprints and relevant personal
history data of the person for the purpose of requesting a state
or nationwide criminal records check under ORS 181.534 - } .
{ - (8) - } { + (5) + } Refusal by any person to take or
appear for a competency examination scheduled by the
{ - board - } { + agency + } or to submit fingerprints and
relevant personal history data as required by the { - board - }
{ + agency + } under subsection { - (7) - } { + (4) + } of
this section shall constitute grounds for disciplinary action.
{ - (9) - } { + (6) + } In disciplining a person as
authorized by subsection (1) of this section, the { - board may
use any or all of the following methods - } { + agency may
impose any of the following sanctions + }:
(a) Suspend judgment.
(b) Place the person on probation.
(c) Suspend the license of the person to practice chiropractic
in this state.
(d) Revoke the license of the person to practice chiropractic
in this state.
(e) Place limitations on the license of the person to practice
chiropractic in this state.
(f) Impose a civil penalty not to exceed $10,000.
(g) Take other disciplinary action as the { - board - }
{ + agency + } in its discretion finds proper, including
assessment of the costs of the disciplinary proceedings.
{ - (10)(a) - } { + (7)(a) + } Any information that the
{ - board - } { + agency + } obtains pursuant to { + this
section and + } ORS { - 684.100, - } 684.112 and 684.155
{ - (9) - } { + (2) + } is confidential as provided under
{ - ORS 676.175 - } { + section 8 of this 2013 Act + }.
(b) Any person who reports or provides information to the { +
agency or + } board under { + this section and + } ORS 684.090,
{ - 684.100, - } 684.112, 684.150 and 684.155 and who provides
information in good faith shall not be subject to an action for
civil damages as a result thereof.
SECTION 132. ORS 684.105 is amended to read:
684.105. (1) Where the { - State Board of Chiropractic
Examiners - } { + Oregon Health Licensing Agency + } proposes
to refuse to issue a license { + under this chapter + }, or
proposes to revoke or suspend a license { + under this
chapter + }, opportunity for hearing shall be accorded as
provided in ORS chapter 183.
(2) Judicial review of orders under subsection (1) of this
section shall be in accordance with ORS chapter 183.
SECTION 133. ORS 684.112 is amended to read:
684.112. A person licensed under this chapter, who is also
licensed to practice any other healing art, shall maintain
in-office and patient records and files, the services provided to
the patient, diagnostic and therapeutic procedures employed, the
nature of such procedures and services and whether such
procedures and services were rendered as a chiropractor. Such
records pertaining to a specific complaint shall be submitted to
the
{ - State Board of Chiropractic Examiners - } { + Oregon
Health Licensing Agency + } for inspection at its request.
SECTION 134. ORS 684.150 is amended to read:
684.150. (1) The State Board of Chiropractic Examiners shall
adopt a seal which shall be affixed to all licenses issued by it.
The board shall from time to time adopt such rules as it deems
proper and necessary for the administration of this chapter and
the performance of its work. { - Upon receipt of a complaint,
the board has authority to make investigations, administer oaths,
take affidavits, summon witnesses, and require the production of
evidence, documents and records pertaining to the complaint. The
board may also take testimony as to matters pertaining to its
duties and for the administration of this chapter. - } A
majority of the board constitutes a quorum.
(2) The board shall meet as a board of examiners during the
months of January and July each year on such days and at such
times and places as may be found necessary for the performance of
its duties.
(3) The board shall adopt a schedule of minimum educational
requirements, which shall be without prejudice or discrimination
as to the different colleges teaching chiropractic.
{ + (4) Upon receipt of a complaint under this chapter, the
board shall report the complaint to the Oregon Health Licensing
Agency. Any information the agency or board obtains under this
subsection is confidential as provided under section 8 of this
2013 Act. + }
SECTION 135. ORS 684.155 is amended to read:
684.155. { + (1) + } In addition to any other powers granted
by this chapter, the State Board of Chiropractic Examiners may:
{ - (1) - } { + (a) + } Adopt necessary and proper rules:
{ - (a) - } { + (A) + } Establishing standards and tests to
determine the moral, intellectual, educational, scientific,
technical and professional qualifications of applicants for
licenses to practice in this state.
{ - (b) - } { + (B) + } To enforce the provisions of this
chapter and to exercise general supervision over the practice of
chiropractic within this state.
{ - (c)(A) - } { + (C)(i) + } To establish standards and
procedures to certify ancillary personnel as qualified to provide
physiotherapy, electrotherapy or hydrotherapy under the direction
of a chiropractic physician, and to establish continuing
education requirements as a condition of maintaining such
certification.
{ - (B) - } { + (ii) + } As used in this
{ - paragraph - } { + subparagraph + }, ' ancillary personnel'
means a chiropractic physician's staff personnel who are directed
or designated, by spoken or written words or other means, to
follow and carry out the chiropractic physician's orders or
directions.
{ - (2) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and place persons on
probation as provided in this chapter. - }
{ - (3) Without the necessity of prior administrative
proceedings or hearing and entry of an order or at any time
during such proceedings if they have been commenced, institute
proceedings to enjoin the practice of any person operating in
violation of this chapter. - }
{ - (4) - } { + (b) + } Make its personnel and facilities
available to other regulatory agencies of this state, or other
bodies interested in the development and improvement of the
practice of chiropractic in this state, upon such terms and
conditions for reimbursement as are agreed to by the board and
the other agency or body.
{ - (5) - } { + (c) + } Determine the chiropractic schools,
colleges and institutions and the training acceptable in
connection with licensing under this chapter and approve
residency, internship and other training programs carried on by
chiropractic schools, colleges or institutions or chiropractic
facilities.
{ - (6) - } { + (d) + } Prescribe the time, place, method,
manner, scope and subjects of examinations under this chapter.
{ - (7) Prescribe all forms that it considers appropriate for
the purposes of this chapter, and Require the submission of
photographs and relevant personal history data by applicants for
licenses to practice chiropractic in this state. - }
{ - (8) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534 require each applicant
for a license or certification, or renewal of a license or
certification, to be fingerprinted. - }
{ - (9) Subject to ORS 684.150, administer oaths, issue
notices and subpoenas in the name of the board, enforce subpoenas
in the manner authorized by ORS 183.440, hold hearings and
perform such other acts as are reasonably necessary to carry out
its duties under this chapter. - }
{ - (10) - } { + (e) + } Establish specialty certificate
requirements within the practice of chiropractic, adopt rules
applicable to specialty certification and require specialty
certification for chiropractic physicians engaging in practices
identified by the board as requiring specialty certification.
{ + (2) In addition to any other powers granted by this
chapter, the Oregon Health Licensing Agency may:
(a) Upon receipt of a complaint relating to the practice of
chiropractic, make investigations, administer oaths, take
affidavits, summon witnesses, and require the production of
evidence, documents and records pertaining to the complaint.
(b) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and place persons on
probation as provided in this chapter.
(c) Without the necessity of prior administrative proceedings
or hearing and entry of an order, or at any time during such
proceedings if they have been commenced, institute proceedings to
enjoin the practice of any person operating in violation of this
chapter.
(d) Develop forms for making applications to practice
chiropractic in this state and require the submission of
photographs and relevant personal history data as part of such
applications. + }
SECTION 136. ORS 684.156 is amended to read:
684.156. The lapse, suspension or revocation of a license
issued under ORS chapter 684 by the operation of law or by order
of the { - State Board of Chiropractic Examiners - }
{ + Oregon Health Licensing Agency + } or by the decision of a
court of law, or the voluntary surrender of a license by a
licensee, shall not deprive the { - board - } { + agency + }
of jurisdiction to proceed with any investigation of or any
action or disciplinary proceeding against the licensee or to
revise or render null and void an order of disciplinary action
against the licensee.
SECTION 137. 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. The board may provide by rule for compensation to
board members for the performance of official duties at a rate
that is greater than the rate provided in ORS 292.495.
(2) Such per diem and mileage, and other incidental expenses
necessarily connected with the board shall be paid out of the
{ - account of the State Board of Chiropractic Examiners and
not otherwise - } { + Oregon Health Licensing Agency
Account + }.
SECTION 138. ORS 684.171 is amended to read:
684.171. { - 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
the State Board of Chiropractic Examiners Account which is hereby
established and such moneys are appropriated continuously and
shall be used only for the administration and enforcement of this
chapter. - } { + All moneys received by the Oregon Health
Licensing Agency under this chapter shall be deposited in the
Oregon Health Licensing Agency Account and are continuously
appropriated to the agency for the administration and enforcement
of this chapter. + }
SECTION 139. ORS 684.185 is amended to read:
684.185. (1) The State Board of Chiropractic Examiners shall
appoint and form peer review committees. The peer review
committee shall evaluate complaints against chiropractic
physicians that are referred to it by the board and report to the
{ - board - } { + Oregon Health Licensing Agency + } regarding
those complaints.
(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 representing various
geographic areas in this state. Members shall be representative
of affiliated and nonaffiliated chiropractic physicians and
representative of various aspects of the practice of
chiropractic. To be appointed a member must receive at least four
votes from members of the state board. Members shall serve
three-year terms. No member may serve more than two consecutive
terms.
(3) The peer review process shall be governed by rules of the
{ - state - } board adopted pursuant to ORS chapter 183. The
{ - state - } board shall provide appropriate training for
members of peer review committees.
(4) Members of a peer review committee acting pursuant to this
section are agents of the { - state - } board and are subject
to provisions of ORS 30.260 to 30.300.
(5) Peer review shall not be used to replace independent
medical examinations.
(6) Upon receipt of a complaint under this chapter, the peer
review committee shall conduct an investigation as
{ - described - } { + authorized + } under ORS 676.165.
(7) 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 - } { + the + } information may be disclosed
to the { - state board - } { + agency + } and the person
being reviewed who may then use the information in any
disciplinary or court proceeding brought by the
{ - board - } { + agency + }. Peer review committee
information that becomes part of the record of { - a board - }
{ + an agency + } investigation into licensee or applicant
conduct or 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 8 of this 2013 Act + }.
(8) 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.
SECTION 140. ORS 684.190 is amended to read:
684.190. (1) The district attorneys shall prosecute all persons
charged with violation of any of the provisions of this chapter.
The { - executive director of the State Board of Chiropractic
Examiners, under the direction of the board, - } { + Director of
the Oregon Health Licensing Agency + } shall aid the district
attorneys in the enforcement of this chapter.
(2) The justice courts of the several counties have concurrent
jurisdiction with the circuit courts in the enforcement of this
chapter.
SECTION 141. ORS 684.200 is amended to read:
684.200. (1)(a) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, any licensee licensed by the State Board of
Chiropractic Examiners shall report any suspected violation of
this chapter or any prohibited conduct as defined in ORS 676.150
in the manner provided in ORS 676.150.
(b) Any person may report to the { + Oregon Health Licensing
Agency or the + } board any suspected violation of this chapter.
(2) Information pertaining to a report required by subsection
(1) of this section shall remain confidential and is not subject
to public disclosure except as considered necessary by the
{ + agency or + } board in the enforcement of this chapter.
(3) Any person who reports or provides information to the { +
agency or + } board under this section in good faith is not
subject to an action for civil damages as a result thereof.
{ +
OREGON BOARD OF NATUROPATHIC MEDICINE + }
{ +
(Transfer) + }
SECTION 142. { + The duties, functions and powers of the
Oregon Board of Naturopathic Medicine relating to the
responsibilities listed in ORS 676.607 (1) and reflected in the
amendments to statutes by sections 149 to 167 of this 2013 Act
are imposed upon, transferred to and vested in the Oregon Health
Licensing Agency. + }
{ +
(Records, Property, Employees) + }
SECTION 143. { + (1) The Oregon Board of Naturopathic Medicine
shall:
(a) Deliver to the Oregon Health Licensing Agency all records
and property within the jurisdiction of the board that relate to
the duties, functions and powers transferred by section 142 of
this 2013 Act; and
(b) Transfer to the Oregon Health Licensing Agency those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 142 of this 2013 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 142 of this
2013 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the Oregon
Board of Naturopathic Medicine and the Oregon Health Licensing
Agency relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
{ +
(Unexpended Revenues) + }
SECTION 144. { + (1) The Oregon Board of Naturopathic Medicine
Account is abolished.
(2) The unexpended balances of amounts authorized to be
expended by the Oregon Board of Naturopathic Medicine for the
biennium beginning July 1, 2013, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 142 of this
2013 Act are transferred to and are available for expenditure by
the Oregon Health Licensing Agency for the biennium beginning
July 1, 2013, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 142 of this
2013 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Oregon Board of
Naturopathic Medicine remain applicable to expenditures by the
Oregon Health Licensing Agency under this section. + }
{ +
(Action, Proceeding, Prosecution) + }
SECTION 145. { + The transfer of duties, functions and powers
to the Oregon Health Licensing Agency by section 142 of this 2013
Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Oregon Health Licensing Agency is substituted for the Oregon
Board of Naturopathic Medicine in the action, proceeding or
prosecution. + }
{ +
(Liability, Duty, Obligation) + }
SECTION 146. { + (1) Nothing in this 2013 Act relieves a
person of a liability, duty or obligation accruing under or with
respect to the duties, functions and powers transferred by
section 142 of this 2013 Act. The Oregon Health Licensing Agency
may undertake the collection or enforcement of any such
liability, duty or obligation.
(2) The rights and obligations of the Oregon Board of
Naturopathic Medicine legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the operative date of section 142 of this 2013 Act accruing under
or with respect to the duties, functions and powers transferred
by section 142 of this 2013 Act are transferred to the Oregon
Health Licensing Agency. For the purpose of succession to these
rights and obligations, the Oregon Health Licensing Agency is a
continuation of the Oregon Board of Naturopathic Medicine and not
a new authority. + }
{ +
(Rules) + }
SECTION 147. { + Notwithstanding the transfer of duties,
functions and powers by section 142 of this 2013 Act, the rules
of the Oregon Board of Naturopathic Medicine with respect to such
duties, functions or powers that are in effect on the operative
date of section 142 of this 2013 Act continue in effect until
superseded or repealed by rules of the Oregon Health Licensing
Agency. References in such rules of the Oregon Board of
Naturopathic Medicine to the Oregon Board of Naturopathic
Medicine or an officer or employee of the Oregon Board of
Naturopathic Medicine are considered to be references to the
Oregon Health Licensing Agency or an officer or employee of the
Oregon Health Licensing Agency. + }
SECTION 148. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 142 of
this 2013 Act, reference is made to the Oregon Board of
Naturopathic Medicine, or an officer or employee of the Oregon
Board of Naturopathic Medicine, whose duties, functions or powers
are transferred by section 142 of this 2013 Act, the reference is
considered to be a reference to the Oregon Health Licensing
Agency or an officer or employee of the Oregon Health Licensing
Agency who by this 2013 Act is charged with carrying out such
duties, functions and powers. + }
{ +
(Amendments to Statutes) + }
SECTION 149. ORS 685.070 is amended to read:
685.070. Any person who wishes to practice naturopathic
medicine in this state shall make application to the { - Oregon
Board of Naturopathic Medicine - } { + Oregon Health Licensing
Agency + } for an examination for a license to practice
naturopathic medicine. The application shall be filed with the
{ - board - } { + agency + } not less than 20 days before the
date of the examination { - upon blanks - } { + on a form + }
provided by the { - board - } { + agency + }. The applicant
shall pay to the
{ - board - } { + agency + } the appropriate nonrefundable
examination fee.
SECTION 150. ORS 685.080 is amended to read:
685.080. (1) An applicant for licensure under this chapter
shall:
(a) Provide evidence satisfactory to the { - Oregon Board of
Naturopathic Medicine - } { + Oregon Health Licensing
Agency + } 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 Oregon Board of Naturopathic Medicine by rule.
(2) Notwithstanding subsection (1)(a) of this section, the
{ - board may waive - } { + agency may waive, in accordance
with rules adopted by the board, + } 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 { + by rule + } 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 applicant'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 - } { + agency + } shall issue to
the applicant a license to practice naturopathic medicine.
(5) If an applicant fails an examination required under this
section, the board may permit the applicant to take the
examination again in accordance with rules adopted by the board.
SECTION 151. ORS 685.085 is amended to read:
685.085. 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 { - Oregon Board of Naturopathic
Medicine - } { + Oregon Health Licensing Agency + } that the
person possesses qualifications at least equal to those required
of persons eligible for licensing under this chapter { + and
rules adopted by the Oregon Board of Naturopathic Medicine + }
may be issued a license to practice in this state without written
examination upon payment of the license fee required under ORS
685.100.
SECTION 152. ORS 685.091 is amended to read:
685.091. (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 { - Oregon Board of
Naturopathic Medicine - } { + Oregon Health Licensing Agency,
or set forth as being comparable to those for this state by rule
of the Oregon Board of Naturopathic Medicine, + } may be exempted
from the licensure requirement in ORS 685.020 if that physician:
(a) Is practicing in Oregon on a temporary assignment for
specific educational events not to exceed 15 days in a calendar
year; and
(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 - } { + agency + } under ORS 685.110 for any
violation of the provisions of this chapter and of rules adopted
by the board.
(3) The { - board - } { + agency + } 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.
SECTION 153. ORS 685.100 is amended to read:
685.100. (1) Upon approval of an application for a licensure,
the { - Oregon Board of Naturopathic Medicine - } { + Oregon
Health Licensing Agency + } 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 - } { + agency + } for
license renewal. A completed renewal application consists of:
(a) A completed { - board - } { + agency + } renewal form
containing any information required by the { - board - }
{ + agency + } to determine the applicant's eligibility { + , as
prescribed by the Oregon Board of Naturopathic Medicine by
rule, + } 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, results in the lapse of the license. A lapsed license may
be restored by the { - board - } { + agency + } 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 - } { + agency + } upon payment of
the restoration fee established by the board { + by rule + } and
submission of a completed renewal application and any other
information required by the
{ - board - } { + agency to determine the applicant's
eligibility, as prescribed by the board by rule, for license
restoration + }.
(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 { + making application
and + } paying any required fees { + to the agency + }. 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 { + making application
and + } paying any required fees { + to the agency + }.
(6)(a) A person who chooses to allow a license to become
inactive may file a written application { + with the agency + }
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 may not be
credited toward payment of the renewal fee for an active license.
The { - board - } { + agency + } may prorate the renewal fee.
(b) A person who chooses to allow a license to become inactive
may file a written application { + with the agency + } 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 - } { + agency + } may prorate the renewal fee.
(7) The { - executive director of the board - } { + Oregon
Health Licensing Agency + } 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 - } { + adopt by
rule, and the agency shall collect, the following fees + }:
(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 may 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 - } { + and enforcing this chapter + }.
SECTION 154. ORS 685.102 is amended to read:
685.102. (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
{ - Oregon Board of Naturopathic Medicine - } { + Oregon
Health Licensing Agency + } of successful completion of { - an
approved - } { + a + } program of continuing education of at
least 25 hours in naturopathic medicine { + that has been
approved by the Oregon Board of Naturopathic Medicine + },
completed in the calendar year preceding the date on which the
evidence is submitted, and { + of successful + } completion
during { + or prior to + } 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 413.570; or
(b) An equivalent pain management education program, as
determined by the board.
(2) The { - board - } { + agency, in accordance with rules
adopted by 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 - } { + agency + } 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 - }
{ + by submitting evidence satisfactory to the agency + } 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 - } { + agency + } shall require
licensees to obtain continuing education { + , as prescribed by
the board by rule, + } 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 - } { + agency + } of completion of 10 hours of
{ - approved - } continuing education { + approved by the
board + } 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.
SECTION 155. ORS 685.104 is amended to read:
685.104. (1) The { - Oregon Board of Naturopathic
Medicine - } { + Oregon Health Licensing Agency + } 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 - } { + agency + } has exempted the person from the
requirements of ORS 685.102 (1). The { - board - } { +
agency + } 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 - }
{ + agency + } 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.
SECTION 156. ORS 685.110 is amended to read:
685.110. { - The Oregon Board of Naturopathic Medicine - }
{ + In addition to the sanctions described in ORS 676.612 and
any other penalty provided for by law, the Oregon Health
Licensing Agency + } 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 $5,000 for each offense { - for any of the
following reasons - } { + committed under this chapter,
including + }:
(1) Using fraud or deception in securing a license.
(2) Impersonating another physician.
(3) Practicing naturopathic medicine under an assumed name.
(4) Performing an abortion.
(5) Being convicted 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) Being convicted of a crime relating to practice of
naturopathic medicine.
(8) Committing negligence related to the practice of
naturopathic medicine.
(9) Having an impairment as defined in ORS 676.303.
(10) Prescribing or dispensing drugs outside the scope of
practice.
(11) Obtaining a fee through fraud or misrepresentation.
(12) Committing gross or repeated malpractice.
(13) Representing to a patient that a manifestly incurable
condition of sickness, disease or injury can be permanently
cured.
(14) Engaging in 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 adversely affect a physician's
ability safely and skillfully to practice naturopathic medicine.
(15) Willfully and consistently utilizing any naturopathic
service, X-ray equipment or treatment contrary to recognized
standards of practice of the naturopathic profession.
(16) Failing to notify the { - board - } { + agency + }
within 30 days of a change in the location of practice or of
mailing address.
(17) 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.
(18) Having a license to practice naturopathic medicine in
another jurisdiction suspended or revoked.
(19) Employing unlicensed persons to practice naturopathic
medicine.
(20) Practicing natural childbirth without first obtaining a
certificate of special competency.
(21) Representing that the licensee is a medical specialist or
practices a medical specialty.
(22) Failing to respond in a timely manner to a request for
information regarding a complaint or the investigation of a
complaint by the { - board - } { + agency + }.
(23) Failing to pay a civil penalty in the time specified by
the order imposing the penalty.
(24) Violating any provision of this chapter or rules adopted
by the { - board - } { + Oregon Board of Naturopathic
Medicine + }.
SECTION 157. ORS 685.112 is amended to read:
685.112. A licensee or an applicant for licensure may request
in writing to the { - Oregon Board of Naturopathic Medicine - }
{ + Oregon Health Licensing Agency + } a voluntary limitation of
a license to practice naturopathic medicine. The { - board - }
{ + agency + } may grant the request for a voluntary limitation
and has the authority, if { - it - } { + the agency + } 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 is
determined by the { - board - } { + agency + }. The
{ - board - } { + agency + } may not grant a voluntary
limitation of a license to practice naturopathic medicine to a
licensee who is under investigation by the { - board - }
{ + agency + }, who is on probation or whose license is under
suspension.
SECTION 158. ORS 685.115 is amended to read:
685.115. (1) Any information that the { + Oregon Health
Licensing Agency or + } Oregon Board of Naturopathic Medicine
obtains under ORS 685.225 is confidential as provided under
{ - ORS 676.175 - } { + section 8 of this 2013 Act + }.
(2) Any person who in good faith provides information to the
{ - board - } { + agency or the Oregon Board of Naturopathic
Medicine + } is not subject to an action for civil damages as a
result thereof.
SECTION 159. ORS 685.125 is amended to read:
685.125. { - (1) The Oregon Board of Naturopathic
Medicine - } { + The Oregon Health Licensing Agency + } shall
give opportunity for hearing as provided in ORS chapter 183 when
the { - board - } { + agency + } proposes to:
{ - (a) - } { + (1) + } Refuse to issue a license;
{ - (b) - } { + (2) + } Refuse to renew a license; or
{ - (c) - } { + (3) + } Impose any of the sanctions set
forth in ORS 685.110.
{ - (2) In accordance with applicable provisions of ORS
chapter 183, the board may adopt rules necessary for the
administration of the laws that the board is charged with
administering. - }
SECTION 160. ORS 685.135 is amended to read:
685.135. (1) A naturopath may not 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
{ - Oregon Board of Naturopathic Medicine - } { + Oregon
Health Licensing Agency + } shall issue a certificate of special
competency in natural childbirth to a licensed naturopath who
meets the requirements prescribed by the { - board - }
{ + Oregon Board of Naturopathic Medicine + } 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.
SECTION 161. ORS 685.160 is amended to read:
685.160. (1) There hereby is created the Oregon Board of
Naturopathic Medicine. The board consists of seven members
appointed by the Governor and subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565. All
members of the board must be residents of this state. Of the
members of the board:
(a) Five must be naturopathic physicians who have each
practiced continuously in this state for the five years
immediately prior to the date of appointment.
(b) Two must be members of the general public who are not
naturopathic physicians or a spouse, domestic partner, child,
parent or sibling of a naturopathic physician.
(2)(a) Board members required to be naturopathic physicians may
be selected by the Governor from a list of three to five nominees
for each vacancy, submitted by a professional organization
representing naturopathic physicians.
(b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
(A) Geographic areas of this state; and
(B) Ethnic group.
(3)(a) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. The terms must be
staggered so that no more than three terms end each year. A
member is eligible for reappointment. A term of office commences
July 1. Unless a member is removed prior to the end of the term,
a member continues to serve on the board until a successor is
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.
(b) A board member shall be removed immediately from the board
if, during the member's term, the member:
(A) Is not a resident of this state;
(B) Has been absent from three consecutive board meetings,
unless at least one absence is excused; or
(C) Is not a licensed naturopathic physician or a retired
naturopathic physician who was a licensed naturopathic physician
in good standing at the time of retirement, if the board member
was appointed to serve on the board as a naturopathic physician.
(4) { - 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 162. ORS 685.201 is amended to read:
685.201. { - The Oregon Board of Naturopathic Medicine
Account is established in the State Treasury, separate and
distinct from the General Fund. All moneys received by the Oregon
Board of Naturopathic Medicine 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. - } { + All moneys
received by the Oregon Health Licensing Agency under this chapter
shall be deposited in the Oregon Health Licensing Agency Account
and are continuously appropriated to the agency for the
administration and enforcement of this chapter. + }
SECTION 163. ORS 685.205 is amended to read:
685.205. (1) The Oregon Board of Naturopathic Medicine 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 - } { + Oregon Health Licensing Agency + }, and
{ + shall + } make recommendations to the { - board - }
{ + agency + } regarding those complaints. The { - board - }
{ + agency + } 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 must 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 may 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 is not 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 - }
{ + agency + } 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 is not subject to an action
for civil damages as a result thereof.
(8) Upon receipt of a complaint under this chapter,
{ - the - } { + a + } peer review committee shall { + report
the complaint to the agency and the agency shall + } conduct an
investigation as described under ORS 676.165.
SECTION 164. ORS 685.210 is amended to read:
685.210. (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 { - Oregon Board of Naturopathic Medicine, in its own
name, - } { + Oregon Health Licensing Agency + } 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.
SECTION 165. ORS 685.220 is amended to read:
685.220. (1) { - Any Oregon Board of - } { + A + }
naturopathic medicine licensee shall, and any other person may,
report to the { - board - } { + Oregon Health Licensing Agency
or the Oregon Board of Naturopathic Medicine + } 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 as provided in
{ - ORS 676.165 - } { + section 8 of this 2013 Act + }.
(3) Any person who reports or provides information to the { +
agency or + } board under this section in good faith shall not be
subject to an action for civil damages as a result thereof.
SECTION 166. ORS 685.225 is amended to read:
685.225. (1) Upon the complaint of any citizen of this state,
or upon its own motion, the { - Oregon Board of Naturopathic
Medicine - } { + Oregon Health Licensing Agency + } 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 Oregon. - }
{ + (2) Upon receipt of a complaint under this chapter, the
Oregon Board of Naturopathic Medicine shall report the complaint
to the agency. + }
SECTION 167. ORS 685.990 is amended to read:
685.990. (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 { - Oregon Board of Naturopathic Medicine - } { + Oregon
Health Licensing Agency + } 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 - }
{ + Oregon Board of Naturopathic Medicine + }.
(b) Civil penalties imposed under this subsection shall be
imposed as provided in ORS 183.745.
{ +
BOARD OF MEDICAL IMAGING + }
{ +
(Transfer) + }
SECTION 168. { + The duties, functions and powers of the Board
of Medical Imaging relating to the responsibilities listed in ORS
676.607 (1) and reflected in the amendments to statutes by
sections 175 to 190 of this 2013 Act are imposed upon,
transferred to and vested in the Oregon Health Licensing
Agency. + }
{ +
(Records, Property, Employees) + }
SECTION 169. { + (1) The Board of Medical Imaging shall:
(a) Deliver to the Oregon Health Licensing Agency all records
and property within the jurisdiction of the board that relate to
the duties, functions and powers transferred by section 168 of
this 2013 Act; and
(b) Transfer to the Oregon Health Licensing Agency those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 168 of this 2013 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 168 of this
2013 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the Board of
Medical Imaging and the Oregon Health Licensing Agency relating
to transfers of records, property and employees under this
section, and the Governor's decision is final. + }
{ +
(Unexpended Revenues) + }
SECTION 170. { + (1) The Board of Medical Imaging Account is
abolished.
(2) The unexpended balances of amounts authorized to be
expended by the Board of Medical Imaging for the biennium
beginning July 1, 2013, from revenues dedicated, continuously
appropriated, appropriated or otherwise made available for the
purpose of administering and enforcing the duties, functions and
powers transferred by section 168 of this 2013 Act are
transferred to and are available for expenditure by the Oregon
Health Licensing Agency for the biennium beginning July 1, 2013,
for the purpose of administering and enforcing the duties,
functions and powers transferred by section 168 of this 2013 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Board of Medical
Imaging remain applicable to expenditures by the Oregon Health
Licensing Agency under this section. + }
{ +
(Action, Proceeding, Prosecution) + }
SECTION 171. { + The transfer of duties, functions and powers
to the Oregon Health Licensing Agency by section 168 of this 2013
Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Oregon Health Licensing Agency is substituted for the Board
of Medical Imaging in the action, proceeding or prosecution. + }
{ +
(Liability, Duty, Obligation) + }
SECTION 172. { + (1) Nothing in this 2013 Act relieves a
person of a liability, duty or obligation accruing under or with
respect to the duties, functions and powers transferred by
section 168 of this 2013 Act. The Oregon Health Licensing Agency
may undertake the collection or enforcement of any such
liability, duty or obligation.
(2) The rights and obligations of the Board of Medical Imaging
legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 168 of this 2013 Act accruing under or with
respect to the duties, functions and powers transferred by
section 168 of this 2013 Act are transferred to the Oregon Health
Licensing Agency. For the purpose of succession to these rights
and obligations, the Oregon Health Licensing Agency is a
continuation of the Board of Medical Imaging and not a new
authority. + }
{ +
(Rules) + }
SECTION 173. { + Notwithstanding the transfer of duties,
functions and powers by section 168 of this 2013 Act, the rules
of the Board of Medical Imaging with respect to such duties,
functions or powers that are in effect on the operative date of
section 168 of this 2013 Act continue in effect until superseded
or repealed by rules of the Oregon Health Licensing Agency.
References in such rules of the Board of Medical Imaging to the
Board of Medical Imaging or an officer or employee of the Board
of Medical Imaging are considered to be references to the Oregon
Health Licensing Agency or an officer or employee of the Oregon
Health Licensing Agency. + }
SECTION 174. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 168 of
this 2013 Act, reference is made to the Board of Medical Imaging,
or an officer or employee of the Board of Medical Imaging, whose
duties, functions or powers are transferred by section 168 of
this 2013 Act, the reference is considered to be a reference to
the Oregon Health Licensing Agency or an officer or employee of
the Oregon Health Licensing Agency who by this 2013 Act is
charged with carrying out such duties, functions and powers. + }
{ +
(Amendments to Statutes) + }
SECTION 175. ORS 688.405 is amended to read:
688.405. As used in ORS 688.405 to 688.605:
(1) 'Approved school' means a school accredited in one of the
medical imaging modalities or subspecialties by a national
post-secondary accreditation body and whose graduates are
qualified to sit for a credentialing examination recognized by
the Board of Medical Imaging in the graduate's medical imaging
modality or subspecialty.
(2) 'Clinical instructor' means an individual assigned to
supervise students in a clinical setting who is:
(a) A licensed physician who routinely supervises the medical
imaging modality being studied by a student; or
(b) An individual licensed by the { - board - } { + Oregon
Health Licensing Agency under ORS 688.405 to 688.605 + } and
credentialed by a credentialing organization in the medical
imaging modality being studied by a student.
(3) 'Credential' means the recognition awarded to an individual
who meets the requirements of a credentialing organization.
(4) 'Credentialing organization' means a nationally recognized
organization that issues credentials through testing or
evaluations that determine that a person meets defined standards
for training and competence in a medical imaging modality.
(5) 'Diagnostic medical sonography' means the use of
nonionizing high frequency sound waves with specialized equipment
to direct the sound waves into areas of the human body to
generate images for the assessment and diagnosis of various
medical conditions.
(6) 'Graduate' means an individual who has completed the
didactic and clinical education at an approved school, including
documented clinical proficiency, but who has not met all
requirements for credentialing by a credentialing organization.
(7) 'Hybrid imaging or radiation therapy equipment' means
equipment that combines more than one medical imaging modality
into a single device.
(8) 'Ionizing radiation' means alpha particles, beta particles,
gamma rays, X-rays, neutrons, high-speed electrons, high-speed
protons or other particles capable of producing ions. ' Ionizing
radiation' does not include radiation such as radiofrequency or
microwaves, visible, infrared or ultraviolet light or ultrasound.
(9) 'License' means a license issued by the { - board - }
{ + agency + } to practice one or more of the medical imaging
modalities.
(10) 'Licensed nurse practitioner' means a nurse practitioner
licensed in Oregon.
(11) 'Licensed physician' means a physician or surgeon licensed
in Oregon.
(12) 'Licensed physician assistant' means a physician assistant
licensed in Oregon.
(13) 'Limited X-ray machine operator' means a person other than
a licensed physician, licensed nurse practitioner or licensed
physician assistant who performs diagnostic X-ray procedures
under the supervision of a licensed physician, licensed nurse
practitioner or licensed physician assistant using equipment that
emits external ionizing radiation resulting in diagnostic
radiographic images that are limited to select human anatomical
sites.
(14) 'Limited X-ray machine operator course of study' means a
board-approved set of didactic and clinical experience elements
designed to prepare a person for gaining practical experience and
for passing the limited X-ray machine operator examination.
(15) 'Magnetic resonance imaging' means the process by which
certain nuclei, when placed in a magnetic field, absorb and
release energy in the form of radio waves that are analyzed by a
computer thereby producing an image of human anatomy and
physiological information.
(16) 'Medical imaging' means the use of specialized equipment
for the production of visual representations of human anatomy,
tissues or organs for use in clinical diagnosis and treatment and
includes but is not limited to X-ray, single photon emission,
positron emission technology, ultrasound, magnetic fields,
visible light and radio waves.
(17) 'Medical imaging licensee' means a person other than a
licensed physician or a limited X-ray machine operator who holds
a valid license and operates medical imaging equipment for
diagnostic or therapeutic purposes under the supervision of a
licensed physician.
(18) 'Medical imaging modality' means:
(a) Diagnostic medical sonography and all its subspecialties;
(b) Magnetic resonance imaging and all its subspecialties;
(c) Nuclear medicine technology and all its subspecialties;
(d) Radiation therapy and all its subspecialties; or
(e) Radiography and all its subspecialties.
(19) 'Nuclear medicine technology' means the specialized
equipment that measures radiation emitted by radionuclides,
including counters and cameras that form medical images for
interpretation by a physician, or assists in therapeutic use of
radionuclides.
(20) 'Radiation therapy' means the use of ionizing radiation on
a human being for therapeutic purposes.
(21) 'Radiographer' means a person other than a licensed
physician who performs a comprehensive set of diagnostic
radiographic procedures under the supervision of a licensed
physician using external ionizing radiation to produce
radiographic, fluoroscopic or digital images.
(22) 'Radiography' means the use of ionizing radiation to
produce radiographic, fluoroscopic or digital images of human
anatomy for diagnostic purposes.
(23) 'Radiologist' means a person licensed to practice medicine
in the State of Oregon who is certified by or { - board - }
eligible for certification by the American Board of Radiology,
the American Osteopathic Association, the Royal College of
Radiologists or the Royal College of Physicians and Surgeons of
Canada.
(24) 'Student' means an individual enrolled in:
(a) An approved school; or
(b) A limited X-ray machine operator course of study.
(25) 'Supervision' means the act of monitoring and reviewing
the performance of medical imaging licensees or limited X-ray
machine operators through regular inspections of work produced,
regardless of whether the supervising individual is continuously
physically present during the use of medical imaging equipment or
X-ray equipment.
SECTION 176. ORS 688.415, as amended by section 4, chapter 1,
Oregon Laws 2012, is amended to read:
688.415. (1) A person may not:
(a) Practice any of the medical imaging modalities, use X-ray
equipment or purport to be a medical imaging licensee or a
limited X-ray machine operator if the person is not licensed in
accordance with the provisions of ORS 688.455 or is not the
holder of a limited X-ray machine operator permit issued under
ORS 688.515;
(b) Practice any medical imaging modality or as a limited X-ray
machine operator under a false or assumed name;
(c) Knowingly employ any person for the purpose of practicing
any medical imaging modality or as a limited X-ray machine
operator if that person is not licensed or does not hold a valid
permit in accordance with the provisions of ORS 688.405 to
688.605;
(d) Obtain or attempt to obtain a license or permit or a
renewal of a license or permit by bribery or fraudulent
representation; or
(e) Knowingly make a false statement on an application for a
license or permit or a renewal for a license or permit.
(2) A person may not practice a medical imaging modality or
purport to be a medical imaging licensee unless the person is
licensed { + or holds a permit + } in accordance with the
provisions of ORS 688.405 to 688.605 { - or holds a permit
issued by the Board of Medical Imaging - } .
SECTION 177. ORS 688.445 is amended to read:
688.445. (1) The { - Board of Medical Imaging - }
{ + Oregon Health Licensing Agency + } shall issue:
(a) A license to practice a specified medical imaging modality
in the State of Oregon to each person who meets the
qualifications for a license as provided in ORS 688.455 { + and
applicable rules of the Board of Medical Imaging + }. The license
shall identify the modality or subspecialty for which the
qualifications have been met.
(b)(A) A permit to practice as a limited X-ray machine operator
in the State of Oregon to each person who meets the
qualifications to hold that permit as provided in ORS 688.515
{ + and applicable rules of the board + }. The permit shall
identify the category for which the qualifications have been met.
(B) The categories are skull and sinuses, spine, chest,
extremities, podiatric and bone densitometry.
(2) In order to remain active, a license or permit must be
renewed every two years prior to the first day of the licensee's
birth month or as otherwise provided by the board by rule.
(3) A license or permit that is not renewed as provided in
subsection (2) of this section expires. The { - board - }
{ + agency + } may renew an expired license or permit upon
payment of a delinquent fee in an amount set by the board { + by
rule + } plus the biennial renewal fee.
(a) A late renewal may not be granted more than two years after
a license or permit has expired.
(b) A late renewal may not be granted to any medical imaging
licensee not credentialed by a credentialing organization.
(4) The { - board - } { + agency + } shall renew the
license or permit of a person who meets the requirements under
ORS 688.455 or 688.515 { + and applicable rules of the board + }
upon receipt of:
(a) An application accompanied by a fee in an amount
established by the board { + by rule + }; and
(b) Supporting evidence of appropriate continuing education as
defined by the board by rule.
(5) A license or permit that has been expired for more than two
years may be reissued only in the manner prescribed for an
original license or permit.
SECTION 178. ORS 688.455, as amended by section 7, chapter 833,
Oregon Laws 2009, section 2, chapter 1, Oregon Laws 2012, and
section 17b, chapter 43, Oregon Laws 2012, is amended to read:
688.455. (1) The { - Board of Medical Imaging - }
{ + Oregon Health Licensing Agency + } shall issue a license to
a person to practice a medical imaging modality if the person
makes an application in writing { + to the agency + } and pays a
fee in an amount established by the Board { + of Medical Imaging
by rule + } { - and - } if the person, at the time of
application:
(a) Is at least 18 years of age;
(b) Satisfies one of the following requirements:
(A) Has graduated from { - an approved - } { + a + } school
{ + approved by the board + };
(B) No later than December 31, 2010, passed the examination of
the American Registry of Radiologic Technologists after being
sponsored for the examination by the State of Oregon;
(C) Was initially licensed by the Board of Radiologic
Technology before 1980 and held an active license { - from the
Board of Medical Imaging - } { + to practice a medical imaging
modality + } on July 1, 2010; or
(D) Meets the requirements for licensing under ORS 688.495;
(c) Has undergone a background check to the satisfaction of the
{ - board - } { + agency + } as established in rules adopted
by the board;
(d) Has not had a license of any type revoked by this state or
any state, territory of the United States or nation;
(e) Has not had a credential revoked by any credentialing
organization; and
(f) Meets the standards of ethical conduct established in the
professional standards of the corresponding credentialing
organization or a medical imaging modality's professional
society.
(2) All applicants for a license are subject to the examination
policies of their respective credentialing organizations.
(3) An applicant meets the requirements of subsection (1)(b)(A)
of this section if the applicant provides the { - board - }
{ + agency + } with documentation of military training or
experience that the { - board - } { + agency + }
determines { + , in accordance with rules adopted by the
board, + } is substantially equivalent to the education required
by subsection (1)(b)(A) of this section.
(4)(a) The { - board - } { + agency + } may consider
issuing a new license to a person whose revoked credential has
been reinstated by a credentialing organization or whose license
of any type has been reinstated by another state.
(b) The { - board - } { + agency + } shall consider issuing
a new license under this subsection on a case by case basis
{ - and shall adopt rules governing issuance of a new
license - } { + in accordance with rules adopted by the
board + }.
SECTION 179. ORS 688.455, as amended by section 7, chapter 833,
Oregon Laws 2009, section 2, chapter 1, Oregon Laws 2012, and
sections 17b and 17c, chapter 43, Oregon Laws 2012, is amended to
read:
688.455. (1) The { - Board of Medical Imaging - }
{ + Oregon Health Licensing Agency + } shall issue a license to
a person to practice a medical imaging modality if the person
makes an application in writing { + to the agency + } and pays a
fee in an amount established by the Board { + of Medical Imaging
by rule + } and if the person, at the time of application:
(a) Is at least 18 years of age;
(b) Satisfies one of the following requirements:
(A) Holds a credential issued by a credentialing organization
in a medical imaging modality recognized by the board { + by
rule + } or provides the { - board - } { + agency + } with
documentation of military training or experience that the
{ - board - } { + agency + } determines { + , in accordance
with rules adopted by the board, + } is substantially equivalent
to the credentialing requirements;
(B) No later than December 31, 2010, passed the examination of
the American Registry of Radiologic Technologists after being
sponsored for the examination by the State of Oregon;
(C) Was initially licensed by the Board of Radiologic
Technology before 1980 and held an active license { - from the
Board of Medical Imaging - } { + to practice a medical imaging
modality + } on July 1, 2010; or
(D) Meets the requirements for licensing under ORS 688.495;
(c) Has undergone a background check to the satisfaction of the
{ - board - } { + agency + } as established in rules adopted
by the board;
(d) Has not had a license of any type revoked by this state or
any state, territory of the United States or nation;
(e) Has not had a credential revoked by any credentialing
organization; and
(f) Meets the standards of ethical conduct established in the
professional standards of the corresponding credentialing
organization or a medical imaging modality's professional
society.
(2) All applicants for a license are subject to the examination
policies of their respective credentialing organizations.
(3)(a) The { - board - } { + agency + } may consider
issuing a new license to a person whose revoked credential has
been reinstated by a credentialing organization or whose license
of any type has been reinstated by another state.
(b) The { - board - } { + agency + } shall consider issuing
a new license under this subsection on a case by case basis
{ - and shall adopt rules governing issuance of a new
license - } { + in accordance with rules adopted by the
board + }.
SECTION 179a. ORS 688.485 is amended to read:
688.485. (1) The Board of Medical Imaging shall oversee
examinations given each year for a limited X-ray machine operator
permit.
(2) A limited X-ray machine operator permit applicant who fails
to pass an examination may take additional examinations as
required by the board by rule.
(3) The board shall { - charge - } { + adopt, and the
Oregon Health Licensing Agency shall collect, + } a fee for
oversight of limited X-ray machine operator permit examinations
in an amount determined by the board by rule.
(4) All limited X-ray machine operator permit applicants are
subject to the rules of a board-approved testing agency
including, but not limited to, testing schedules and frequency,
fees, application procedures and conduct.
SECTION 180. ORS 688.495 is amended to read:
688.495. The { - Board of Medical Imaging - } { + Oregon
Health Licensing Agency + } may license as a radiographer,
without examination, any person who:
(1) Applies for a license as provided in ORS 688.455; and
(2) On the date of making application is a radiographer under
the laws of any other state, territory of the United States or
nation, if the requirements for licensure in that state,
territory or nation are not less stringent than those required
under ORS 688.405 to 688.605 and the applicant passed a written
examination in that state, territory or nation that is comparable
to the examination required in this state for the category or
categories for which licensure is sought.
SECTION 181. ORS 688.505 is amended to read:
688.505. (1) At the time a biennial renewal fee is submitted,
the { - Board of Medical Imaging - } { + Oregon Health
Licensing Agency + } shall require each licensee and permittee to
submit evidence of continuing education pertinent to the license
or permit { + as determined by the Oregon Board of Medical
Imaging by rule + }.
(2) A holder of a limited X-ray machine operator permit shall
submit evidence of satisfying the number of hours of continuing
education as established by the board by rule.
(3) A holder of a license may submit evidence of a current
credential issued by the credentialing organization if that
organization requires continuing education for renewal of those
credentials.
(4) A holder of a license with a credential from a
credentialing organization that does not require continuing
education for renewal shall submit evidence of continuing
education equal to other medical imaging licensees as required by
rule of the board.
SECTION 182. ORS 688.515 is amended to read:
688.515. (1) The { - Board of Medical Imaging - }
{ + Oregon Health Licensing Agency + } shall issue a limited
X-ray machine operator permit to an applicant to practice under
the supervision of a licensed physician, a licensed nurse
practitioner or a licensed physician assistant if the applicant
meets the requirements as provided in this section. A limited
X-ray machine operator permit shall state the category or
categories for which the applicant has demonstrated competence
and shall be limited to one of the categories listed below or as
established by the Board { + of Medical Imaging + } by rule:
(a) Skull and sinuses;
(b) Spine;
(c) Chest;
(d) Extremities;
(e) Podiatric; or
(f) Bone densitometry.
(2) Limited X-ray machine operator permits may not be issued
for fluoroscopy, bony thorax studies, abdominal studies, contrast
studies or special head studies such as tomography, radiation
therapy or any of the other medical imaging modalities or
subspecialties other than the categories listed in subsection (1)
of this section or as established by the board by rule.
(3) Each applicant for a limited X-ray machine operator permit
shall:
(a) Make an application { + to the agency + } in writing;
(b) Pay an application fee in an amount set by the board { +
by rule + };
(c) Be at least 18 years of age;
(d) Have successfully passed a board-approved course of
instruction in radiation use and safety consisting of the number
of hours of instruction required by the board by rule;
(e) Have successfully completed a course of instruction
approved by the board and taught by a board-approved, licensed
radiographer in laboratory practice specific to each category for
which the applicant seeks a limited X-ray machine operator
permit, with the instructor's certifying to the { - board - }
{ + agency + } that the applicant has completed the course in
those categories applied for;
(f) Have successfully completed a practical experience program
approved by the board, specific to each category for which the
applicant seeks a limited X-ray machine operator permit. Such
program shall include operation of an energized X-ray machine
under the supervision of a radiographer;
(g) Have paid { + to the agency + } the examination fee set by
board rule to reflect the actual cost of the examination;
(h) Have successfully passed an examination approved by the
board in the core module as defined in rules adopted by the
board, and in those categories in which the applicant seeks a
limited X-ray machine operator permit;
(i) Have undergone a background check to the satisfaction of
the { - board - } { + agency + } as established in rules
adopted by the board;
(j) Not have had any type of license or permit revoked by this
state or any state, territory of the United States or nation; and
(k) Meet the standards of ethical conduct established in the
professional standards of a credentialing organization or a
medical imaging modality's professional society.
(4) Upon meeting the requirements of this section, the
{ - board - } { + agency + } shall issue a limited X-ray
machine operator permit to the applicant. The limited X-ray
machine operator permit is subject to the renewal procedures
described in ORS 688.445.
(5) Every person issued a limited X-ray machine operator permit
shall notify the { - board - } { + agency + } in writing of
the name of each licensed physician, licensed nurse practitioner
or licensed physician assistant supervising the person's
performance of diagnostic radiography and may only perform
diagnostic radiography while being supervised by a licensed
physician, licensed nurse practitioner or licensed physician
assistant. In the event the person subsequently is supervised by
a licensed physician, licensed nurse practitioner or licensed
physician assistant other than the physician, nurse practitioner
or physician assistant whose name was initially furnished to the
{ - board - } { + agency + }, the person shall immediately
notify the { - board - } { + agency + } in writing.
(6) Limited X-ray machine operators must meet the standards of
ethical conduct equal to those of a licensed radiographer.
SECTION 183. ORS 688.520, as amended by section 5, chapter 1,
Oregon Laws 2012, is amended to read:
688.520. (1) The { - Board of Medical Imaging - }
{ + Oregon Health Licensing Agency + } may grant inactive status
to a person who holds a license or a limited X-ray machine
operator permit who notifies the { - board - } { + agency + }
of the person's:
(a) Intent not to practice a medical imaging modality or
subspecialty or as a limited X-ray machine operator; and
(b) Desire to retain the right to reinstate the license or
permit { + , + } subject to { - board - } rules { + adopted
by the Board of Medical Imaging + }.
(2) Only medical imaging licensees who hold a credential issued
by a credentialing organization or limited X-ray machine
operators in good standing may retain the right to reinstate an
inactive license.
(3) The { - board - } { + agency + } may, in certain
disciplinary circumstances, issue a provisional license or
provisional permit that identifies:
(a) The specific provisions of the license and terms of
converting the license from provisional status to active status;
(b) The length of issuance; and
(c) The specific issues that resulted in provisional status.
(4) The { - board - } { + agency + } may issue a restricted
license for the purpose of performing hybrid imaging using a
modality for which the medical imaging licensee does not hold
either a primary or secondary credential if:
(a) The person holds a credential in one or more of the medical
imaging modalities or subspecialties; and
(b) Receives appropriate training in the limited aspects of the
other modality as required by the board by rule.
(5) The { - board - } { + agency + } may issue an
additional license to a person who:
(a) Holds a license issued by the { - board - }
{ + agency + } in one of the primary medical imaging modalities;
(b) Holds and continues to maintain a primary credential issued
by a credentialing organization recognized by the board { + by
rule + } in one of the primary medical imaging modalities; and
(c) Holds and continues to maintain an additional credential
issued by a credentialing organization recognized by the board
{ + by rule + } in the secondary medical imaging modality for
which a license is sought.
(6)(a) The { - board - } { + agency + } may issue a student
license to a person enrolled in { - an approved - } school
{ + approved by the board + } for the purpose of allowing the
person to complete clinical training requirements.
(b) An applicant for a student license must meet the
requirements of ORS 688.455 (1)(a) and (c) to (f).
(c) The { - board - } { + agency + } shall process student
applications and shall issue student licenses at reduced fees as
provided in rules adopted by the board.
(d) A student license is valid only while the student is
enrolled in { - an approved - } school { + approved by the
board + }.
(7)(a) The { - board - } { + agency + } may issue a
temporary license or permit upon satisfactory application and
payment of a registration fee established by the board by rule.
(b) { + The agency may issue + } medical imaging license
applicants, students and graduates { - may be issued - }
temporary licenses pertaining to a specific modality or
subspecialty without examination for a limited time period as
determined by the board by rule.
(c) { + The agency may issue + } limited X-ray machine
operator permit applicants { - may be issued - } temporary
permits for the purpose of completing clinical education
requirements under the supervision of a licensed physician:
(A) Upon successful completion of the core module examination;
(B) For an initial period of six months; and
(C) For a single six-month renewal period, at the discretion of
the { - board - } { + agency + }.
(8) The { - board - } { + agency + } may issue licenses and
permits for periods other than 24 months { + as authorized by
the board by rule + }. The fee for a license or permit issued
for any period other than 24 months shall be prorated on a
monthly basis.
SECTION 184. ORS 688.525 is amended to read:
688.525. (1) { - The Board of Medical Imaging, - } After
notice of and hearing as required under the contested case
procedures of ORS chapter 183, { + the Oregon Health Licensing
Agency, in addition to the sanctions described in ORS
676.612, + } may refuse to issue a license or permit to any
applicant { + under ORS 688.405 to 688.605 + }, may refuse to
renew the license of any medical imaging licensee or the permit
of a limited X-ray machine operator or may suspend or revoke
{ - the - } { + a + } license or permit { + issued under ORS
688.405 to 688.605 + } of a person who:
(a) Has been disciplined by a credentialing organization or a
licensing board in this state or in another state, territory of
the United States or nation for acts by the holder of a license
or a permit that are similar to acts described in this
subsection. A certified copy of the order of discipline
constitutes conclusive evidence of the discipline.
(b) Has an impairment as defined in ORS 676.303.
(c) In the judgment of the { - board - } { + agency + } is
guilty of unethical or unprofessional conduct in the practice of
a medical imaging modality or as a limited X-ray machine
operator.
(d) Has been convicted of any crime that bears a demonstrable
relationship to the practice of a medical imaging modality or as
a limited X-ray machine operator, or otherwise reflects adversely
on fitness to practice.
(e) In the judgment of the { - board - } { + agency + },
has acted with gross negligence in the practice of a medical
imaging modality or as a limited X-ray machine operator.
(f) Has undertaken to act as a medical imaging licensee
independently of the supervision of a licensed physician, or has
undertaken to act as a limited X-ray machine operator
independently of the supervision of a licensed physician,
licensed nurse practitioner or licensed physician assistant.
(g) Has obtained or attempted to obtain a license or permit
under ORS 688.405 to 688.605 by fraud or material
misrepresentation.
(2) { + (a) + } Upon receipt of a complaint under ORS 688.405
to 688.605, the { - board - } { + agency + } shall conduct an
investigation as described under ORS 676.165.
{ + (b) Upon receipt of a complaint under ORS 688.405 to
688.605, the board shall report the complaint to the agency. + }
(3) { + (a) + } Information that the { - board - }
{ + agency + } obtains as part of an investigation into
licensee, permittee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee, permittee or applicant conduct is
confidential as provided under { - ORS 676.175 - }
{ + section 8 of this 2013 Act + }.
{ + (b) Information the board obtains under subsection (2) of
this section is confidential as provided under section 8 of this
2013 Act. + }
SECTION 185. ORS 688.560 is amended to read:
688.560. The Board of Medical Imaging { - by rule shall
establish and collect - } { + shall establish by rule, and the
Oregon Health Licensing Agency shall collect, + } reasonable fees
for:
(1) Oversight of limited X-ray machine operator permit
examinations.
(2) Special interpretation of examination results.
(3) Duplication of permits, licenses and wall certificates.
(4) Reproduction of records.
(5) Application processing, licensing and permitting.
(6) Inspections of limited X-ray machine operator schools.
SECTION 186. ORS 688.585 is amended to read:
688.585. { - (1) The Board of Medical Imaging Account is
established in the State Treasury, separate and distinct from the
General Fund. Except for moneys otherwise designated by statute,
all fees, contributions and other moneys received by the Board of
Medical Imaging must be paid into the State Treasury and credited
to the account. All moneys in the account are continuously
appropriated to the board to be used by the board for purposes of
ORS 688.405 to 688.605. Any interest or other income from moneys
in the account shall be credited to the account. - }
{ - (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. - }
{ + All moneys received by the Oregon Health Licensing Agency
under ORS 688.405 to 688.605 shall be deposited in the Oregon
Health Licensing Agency Account and are continuously appropriated
to the agency for the administration and enforcement of ORS
688.405 to 688.605. + }
SECTION 187. ORS 688.595 is amended to read:
688.595. The section manager of the Radiation Protection
Services Section of the Oregon Health Authority shall
{ - enforce the provisions of ORS 688.405 to 688.605 and
shall - } conduct, under the direction of the Board of Medical
Imaging, inspections in furtherance of the purposes of ORS
688.405 to 688.605. { + The authority shall report all possible
violations of ORS 688.405 to 688.605 discovered during an
inspection to the Oregon Health Licensing Agency. + }
SECTION 188. ORS 688.600 is amended to read:
688.600. (1) Upon receipt of a complaint, or upon its own
motion, the { - Board of Medical Imaging - } { + Oregon
Health Licensing Agency + } may investigate any alleged violation
of ORS 688.405 to 688.605.
(2) In the conduct of investigations, the { - board - }
{ + agency + } 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; - }
{ - (e) Compel the production of books, papers, accounts,
documents and testimony pertaining to the matter under
investigation; - }
{ - (f) - } require a person to undergo a mental, physical,
chemical dependency or competency evaluation at the person's
expense when the { - board - } { + agency + } has reasonable
grounds to believe that the person is or may be unable to
practice a medical imaging modality with reasonable skill and
safety or may constitute a risk to the public, with the results
being reported to the { - board - } { + agency + }. The report
may not be disclosed to the public but may be received into
evidence in a proceeding between the { - board - }
{ + agency + } and the person when the mental, physical,
chemical dependency or competency of the person is at issue,
notwithstanding any claim of privilege by the person { - ;
and - }
{ - (g) Issue subpoenas over the signature of the board
chairperson and the seal of the board in the name of the State of
Oregon - } .
(3) For the purpose of disciplinary issues concerning scope of
practice and standards of practice, the Board { + of Medical
Imaging + } may form temporary peer review committees in the
relevant modality or subspecialty to advise the { - board - }
{ + agency + } of appropriate action. The composition, authority
and responsibilities of a temporary committee must be defined in
rules adopted by the board.
SECTION 189. ORS 688.605 is amended to read:
688.605. (1)(a) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, any person issued a license or permit { - by the
Board of Medical Imaging - } { + under ORS 688.405 to
688.605 + } or any employer of a licensee or permittee shall
report to the Board { + of Medical Imaging or the Oregon Health
Licensing Agency + } any suspected violation of ORS 688.405 to
688.605 or any rule adopted by the board.
(b) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, any
person issued a license or permit { - by the board - }
{ + under ORS 688.405 to 688.605 + } who has reasonable cause to
believe that a licensee of another board has engaged in
prohibited conduct as defined in ORS 676.150 shall report the
prohibited conduct in the manner provided in ORS 676.150.
(c) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, any
organization representing persons issued a license or permit
{ - by the board - } { + under ORS 688.405 to 688.605 + }
shall report to the board { + or agency + } any suspected
violation of ORS 688.405 to 688.605 or any rule adopted by the
board pursuant to ORS 688.405 to 688.605.
(d) Any person may report to the board { + or agency + } any
suspected violation of ORS 688.405 to 688.605 or any rules
adopted by the board pursuant to ORS 688.555.
(2) Any information that the board { + or agency + } obtains
as the basis of a complaint or in the investigation of a
complaint is confidential as provided under { - ORS 676.175 - }
{ + section 8 of this 2013 Act + }.
(3) Any person who reports or provides information to the board
{ + or agency + } and who does so in good faith is not subject
to an action for civil damages as a result of reporting or
providing information.
(4) A claim of a violation of ORS 688.405 to 688.605 shall be
reported to the board { + or agency. The board shall report all
claims received under this section to the agency, and the agency
shall substantiate those claims + } { - and shall be
substantiated - } by satisfactory evidence. If the
{ - board - } { + agency + } finds that a violation has
occurred, the { - board - } { + agency + } shall, subject to
the conditions of { - ORS 676.175 - } { + section 8 of this
2013 Act + }, report the violation to the Attorney General for
prosecution.
SECTION 190. ORS 688.915 is amended to read:
688.915. (1) In addition to any other sanction authorized by
law, the { - Board of Medical Imaging - } { + Oregon Health
Licensing Agency + } may impose a civil penalty not to exceed
$1,000 per occurrence for any violation of ORS 688.405 to
688.605, or of any rules adopted under 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 183.745.
(3) All penalties recovered under this section shall be
credited to the { - Board of Medical Imaging Account
established under ORS 688.585 - } { + Oregon Health Licensing
Agency Account + }.
{ +
STATE MORTUARY AND CEMETERY BOARD + }
{ +
(Transfer) + }
SECTION 191. { + The duties, functions and powers of the State
Mortuary and Cemetery Board relating to the responsibilities
listed in ORS 676.607 (1) and reflected in the amendments to
statutes by sections 198 to 219 of this 2013 Act are imposed
upon, transferred to and vested in the Oregon Health Licensing
Agency. + }
{ +
(Records, Property, Employees) + }
SECTION 192. { + (1) The State Mortuary and Cemetery Board
shall:
(a) Deliver to the Oregon Health Licensing Agency all records
and property within the jurisdiction of the board that relate to
the duties, functions and powers transferred by section 191 of
this 2013 Act; and
(b) Transfer to the Oregon Health Licensing Agency those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 191 of this 2013 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 191 of this
2013 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the State
Mortuary and Cemetery Board and the Oregon Health Licensing
Agency relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
{ +
(Unexpended Revenues) + }
SECTION 193. { + (1) The State Mortuary and Cemetery Board
Account is abolished.
(2) The unexpended balances of amounts authorized to be
expended by the State Mortuary and Cemetery Board for the
biennium beginning July 1, 2013, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 191 of this
2013 Act are transferred to and are available for expenditure by
the Oregon Health Licensing Agency for the biennium beginning
July 1, 2013, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 191 of this
2013 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Mortuary
and Cemetery Board remain applicable to expenditures by the
Oregon Health Licensing Agency under this section. + }
{ +
(Action, Proceeding, Prosecution) + }
SECTION 194. { + The transfer of duties, functions and powers
to the Oregon Health Licensing Agency by section 191 of this 2013
Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Oregon Health Licensing Agency is substituted for the State
Mortuary and Cemetery Board in the action, proceeding or
prosecution. + }
{ +
(Liability, Duty, Obligation) + }
SECTION 195. { + (1) Nothing in this 2013 Act relieves a
person of a liability, duty or obligation accruing under or with
respect to the duties, functions and powers transferred by
section 191 of this 2013 Act. The Oregon Health Licensing Agency
may undertake the collection or enforcement of any such
liability, duty or obligation.
(2) The rights and obligations of the State Mortuary and
Cemetery Board legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
operative date of section 191 of this 2013 Act accruing under or
with respect to the duties, functions and powers transferred by
section 191 of this 2013 Act are transferred to the Oregon Health
Licensing Agency. For the purpose of succession to these rights
and obligations, the Oregon Health Licensing Agency is a
continuation of the State Mortuary and Cemetery Board and not a
new authority. + }
{ +
(Rules) + }
SECTION 196. { + Notwithstanding the transfer of duties,
functions and powers by section 191 of this 2013 Act, the rules
of the State Mortuary and Cemetery Board with respect to such
duties, functions or powers that are in effect on the operative
date of section 191 of this 2013 Act continue in effect until
superseded or repealed by rules of the Oregon Health Licensing
Agency. References in such rules of the State Mortuary and
Cemetery Board to the State Mortuary and Cemetery Board or an
officer or employee of the State Mortuary and Cemetery Board are
considered to be references to the Oregon Health Licensing Agency
or an officer or employee of the Oregon Health Licensing
Agency. + }
SECTION 197. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 191 of
this 2013 Act, reference is made to the State Mortuary and
Cemetery Board, or an officer or employee of the State Mortuary
and Cemetery Board, whose duties, functions or powers are
transferred by section 191 of this 2013 Act, the reference is
considered to be a reference to the Oregon Health Licensing
Agency or an officer or employee of the Oregon Health Licensing
Agency who by this 2013 Act is charged with carrying out such
duties, functions and powers. + }
{ +
(Amendments to Statutes) + }
SECTION 198. ORS 692.025 is amended to read:
692.025. (1) An individual may not practice as a funeral
service practitioner unless the individual is licensed as a
funeral service practitioner under ORS 692.045. Regardless of any
title used by the individual, an individual practices as a
funeral service practitioner if the individual is engaged
directly or indirectly in offering funeral services for payment
or supervising or otherwise controlling the transportation, care,
preparation, processing and handling of dead human bodies before
the bodies undergo final disposition, or before the bodies are
transported out of the State of Oregon.
(2) An individual may not practice as an embalmer unless the
individual is licensed as an embalmer under ORS 692.105.
Regardless of any title used by the individual, an individual
practices as an embalmer if the individual is engaged or purports
to be engaged in either of the following:
(a) The practice of disinfecting or preserving from decay dead
human bodies.
(b) Preparing human bodies dead of contagious or infectious
disease for transportation by railroad, express company or common
carrier.
(3) An individual may not practice as a death care consultant
unless the individual is licensed as a death care consultant
under ORS 692.143. Regardless of any title used by the
individual, an individual practices as a death care consultant if
the individual offers, for payment, consultations directly
relating to the performance of funeral or final disposition
services.
(4) A person may not operate a funeral establishment unless the
establishment meets the requirements under this subsection. A
place is a funeral establishment if the place is customarily used
for the care, preparation or viewing of dead human bodies before
the bodies undergo final disposition, or before the bodies are
transported out of the State of Oregon. A funeral establishment
must:
(a) Be licensed { - by the State Mortuary and Cemetery
Board - } under ORS 692.146;
(b) Be operated by a funeral service practitioner;
(c) Have on the premises embalming facilities or holding room
facilities meeting requirements established by the
{ - board - } { + State Mortuary and Cemetery Board by
rule + }; and
(d) Have access to hospital or mortuary refrigeration.
(5) A person may not operate an immediate disposition company
unless the immediate disposition company meets the requirements
under this subsection. An immediate disposition company must:
(a) Be licensed at a fixed location under ORS 692.146; and
(b) Be operated by a licensed funeral service practitioner.
(6) A person or city, county or other municipal corporation may
not conduct the business of an operating cemetery without first
receiving a certificate of authority to conduct the business of
an operating cemetery under ORS 692.275.
(7) A person may not operate a crematorium unless the
crematorium meets the requirements of ORS 692.275.
(8) An applicant for a license or certificate described in this
section and a principal of a licensed establishment described in
this section must consent to a background check, including
information solicited from the Department of State Police.
SECTION 199. ORS 692.045, as amended by section 25, chapter 43,
Oregon Laws 2012, is amended to read:
692.045. (1) The { - State Mortuary and Cemetery Board - }
{ + Oregon Health Licensing Agency + } shall issue a license to
an individual to practice as a funeral service practitioner if
the individual meets the following requirements:
(a) The individual must apply to the { - board - }
{ + agency + } for a funeral service practitioner's license on
an application form provided by the { - board - }
{ + agency + }.
(b) The individual must pass an examination conducted by the
{ + State Mortuary and Cemetery + } Board under ORS 692.070
following application for the funeral service practitioner's
license.
(c) The individual must successfully complete practical
experience as a funeral service practitioner's apprentice under
ORS 692.190.
(2) An individual may not take an examination under ORS 692.070
until the individual has provided written evidence of graduation
from an associate degree program meeting the requirements
established by { - board - } { + the board by + } rule.
(3) An applicant meets the requirements of subsection (1)(c) or
(2) of this section if the applicant provides the { - board - }
{ + agency + } with documentation of military training or
experience that the { - board - } { + agency + }
determines { + , in accordance with rules adopted by the
board, + } is substantially equivalent to the education or
experience required by subsection (1)(c) or (2) of this section.
(4) Notwithstanding subsection (2) of this section, an
applicant with four years of experience as a licensed funeral
service practitioner or embalmer in this state or in another
state is not required to provide written evidence of graduation
from an associate degree program in order to take the examination
under ORS 692.070.
SECTION 200. ORS 692.105, as amended by section 26, chapter 43,
Oregon Laws 2012, is amended to read:
692.105. (1) The { - State Mortuary and Cemetery Board - }
{ + Oregon Health Licensing Agency + } shall issue a license to
an individual to practice as an embalmer if the individual is 18
years of age or older, applies for a license and has successfully
met the qualifications described in this section.
(2) An individual must apply for a license by applying to the
{ - board - } { + agency + } on an application form provided
by the { - board - } { + agency + }.
(3) An individual applying for a license under this section
must meet the following requirements:
(a) The individual must complete 12 months of practical
experience as an embalmer's apprentice as provided in ORS
692.190.
(b) The individual must provide written evidence of graduation
from an accredited program of funeral service education { + as
defined by the State Mortuary and Cemetery Board by rule + }.
(c) The individual must obtain a passing score on the
examination provided in ORS 692.130 or show evidence satisfactory
to the { - board - } { + agency + } that the individual has
successfully passed the National Board Examination as
administered by the Conference of Funeral Service Examining
Boards.
(d) The individual must be knowledgeable in the application of
state law.
(4) When an individual provides written evidence of graduation
from an accredited program of funeral service education, if the
individual does not show evidence satisfactory to the { - State
Mortuary and Cemetery Board - } { + agency + }, as provided
under subsection (3) of this section, that the individual has
passed the National Board Examination, the State Mortuary and
Cemetery Board may examine the individual as provided in ORS
692.130. In any case, however, the { - board - }
{ + agency + } may not issue an embalmer's license until an
individual has completed the apprenticeship qualification.
(5) An applicant meets the requirements of subsection (3)(a) of
this section if the applicant provides the { - State Mortuary
and Cemetery Board - } { + agency + } with documentation of
military experience that the { - board - } { + agency + }
determines { + , in accordance with rules adopted by the
board, + } is substantially equivalent to the experience required
by subsection (3)(a) of this section.
SECTION 201. ORS 692.140 is amended to read:
692.140. (1) The { - State Mortuary and Cemetery Board - }
{ + Oregon Health Licensing Agency + } shall issue a license to
practice as a funeral service practitioner or an embalmer to an
applicant from another state if:
(a) The applicant for recognition of the license applies to the
{ - board - } { + agency + } and fulfills the requirements
specified in subsection (2) of this section; and
(b) The { - board - } { + agency + } is satisfied that the
applicant has the requisite qualifications for licensing as a
funeral service practitioner or an embalmer in this state { + as
prescribed by the State Mortuary and Cemetery Board by rule + }.
(2) An applicant under this section shall apply to the
{ - board - } { + agency + } on a form provided by the
{ - board - } { + agency + }. The applicant shall include with
the application:
(a) Proof satisfactory to the { - board - } { + agency + }
that the applicant is licensed in good standing in another state
and has practiced as a funeral service practitioner or an
embalmer who was licensed and in good standing in another state
for three of the five years immediately preceding the application
date.
(b) Payment of the initial reciprocity licensing fee
established under ORS 692.160.
SECTION 202. ORS 692.143 is amended to read:
692.143. The { - State Mortuary and Cemetery Board - }
{ + Oregon Health Licensing Agency + } shall issue a license to
an individual to practice as a death care consultant if the
individual:
(1) Applies to the { - board - } { + agency + } for a death
care consultant license on an application form provided by the
{ - board - } { + agency + };
(2) Passes an examination conducted by the { + State Mortuary
and Cemetery + } Board covering Oregon and federal laws and rules
relating to the care, preparation, disposition and transportation
of dead human bodies;
(3) Pays { + to the agency + } fees required by the board by
rule; and
(4) Meets other requirements established by the board by rule.
SECTION 203. ORS 692.146 is amended to read:
692.146. (1) The { - State Mortuary and Cemetery Board - }
{ + Oregon Health Licensing Agency + } shall issue a license to
a funeral establishment or immediate disposition company if the
person who will operate the establishment or immediate
disposition company applies to the { - board - }
{ + agency + } for a license on a form provided by the
{ - board - } { + agency + }. The application shall be
accompanied by the application fee established under ORS 692.160.
(2) The application shall disclose the following:
(a) The name and address of the establishment or company.
(b) That the establishment is operated by a licensed funeral
service practitioner.
(c) That the immediate disposition company is operated by a
licensed funeral service practitioner.
(3) For purposes of this section and ORS 692.025, each branch
of a licensee's funeral establishment or immediate disposition
company is a separate establishment and must be licensed at a
fixed place of business.
SECTION 204. ORS 692.148 is amended to read:
692.148. (1) If the principals of a licensed funeral
establishment or immediate disposition company change, the
establishment or company shall apply to the { - State Mortuary
and Cemetery Board - } { + Oregon Health Licensing Agency + }
for a new license.
(2) A person holding a license or certificate of authority or
who is registered under this chapter shall apply to the
{ - board - } { + agency + } for reissuance of the license,
certificate or registration if any of the following occur:
(a) The name of the person changes;
(b) The location of the funeral establishment, immediate
disposition company or crematorium changes;
(c) An apprentice registered under ORS 692.190 transfers from
one licensed funeral service practitioner or licensed embalmer to
another;
(d) The original license, registration or certificate is lost
or destroyed; or
(e) When a person holding a license or certificate of authority
issued under this chapter obtains another license or certificate
of authority issued under this chapter.
(3) The application for reissuance of the license, registration
or certificate shall include payment of the fee established under
ORS 692.160. The { - board - } { + agency + } shall reissue
the license, certificate or registration when the { - board - }
{ + agency + } receives the application and the fee.
SECTION 205. ORS 692.160 is amended to read:
692.160. (1) { - The fees that may be charged under this
chapter are - } { + The State Mortuary and Cemetery Board shall
adopt, and the Oregon Health Licensing Agency shall collect, the
following fees + }:
(a) A fee covering requests for applications for a funeral
service practitioner license, an embalmer license, a death care
consultant license, a funeral establishment license, an immediate
disposition company license, a certificate of authority for a
cemetery, a certificate of authority for a crematorium, a
certificate of authority for any other facility for final
disposition of human remains, registration as a funeral service
practitioner apprentice, registration as an embalmer apprentice,
a certificate of removal registration, 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, crematorium or other
facility for final disposition of human remains.
(b) A fee covering the renewal of a license for a funeral
establishment, a license for an immediate disposition company, a
certificate of authority for a crematorium or a certificate of
authority for any other facility for final disposition of human
remains.
(c) A fee covering the renewal of a funeral service
practitioner license, an embalmer license or a death care
consultant 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, an embalmer license or a death care consultant 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 { + or agency + },
for documents distributed by the board { + or agency + } and
postage for mailing any copies or documents.
(2) All licenses granted under this chapter to funeral service
practitioners, embalmers and death care consultants expire on
January 1 in even-numbered years or on such date as may be
specified by rule of the { - State Mortuary and Cemetery - }
board. 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,
to operators of crematoriums or to operators of other facilities
for final disposition of human remains expire on January 1 in
odd-numbered years or on such date as may be specified by
{ + the + } board { + by + } rule.
(3) The { - board - } { + agency + } shall mail to each
licensed funeral service practitioner, to each licensed embalmer,
to each licensed death care consultant, to each licensed operator
of a funeral establishment or immediate disposition company and
to each cemetery, crematorium and other facility for final
disposition of human remains 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 { - board - }
{ + agency + } shall mail the notice at least 60 days before the
license or certificate of authority expires.
{ + (4) + } The board may impose { + by rule + } continuing
education requirements as a prerequisite for relicensure
{ + under this chapter + }.
{ - (4) - } { + (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 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 - } { + this chapter + }.
SECTION 206. ORS 692.170 is amended to read:
692.170. (1) When a licensee or an apprentice has allowed a
license or a certificate of apprenticeship to lapse, the
{ - State Mortuary and Cemetery Board - } { + Oregon Health
Licensing Agency + } may reinstate the license or certificate if
the licensee or apprentice:
(a) Applies for reinstatement not later than the 90th day after
the lapse; and
(b) Pays all fees owing to the date of reinstatement as well as
a reinstatement fee established under ORS 692.160.
(2) Upon the lapse of a license or certificate, the
{ - board - } { + agency + } shall send the notice of lapse to
the licensee or apprentice by registered or certified mail at the
last-known address of the licensee or apprentice.
SECTION 207. ORS 692.180 is amended to read:
692.180. (1) Upon complaint or upon its own motion, the
{ - State Mortuary and Cemetery Board - } { + Oregon Health
Licensing Agency + } may investigate a complaint made by any
person or by the { + State Mortuary and Cemetery + } Board
{ + related to activities regulated by this chapter + }. If the
{ - board - } { + agency + } finds any of the causes described
in this section in regard to any person, { - licensee or
applicant - } { + applicant for or holder of a license issued
under this chapter + } or the holder of a certificate of
authority { + issued under this chapter + }, the { - board - }
{ + agency + } may impose { + , in addition to any other penalty
provided by law, + } 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
{ + to operate under this chapter + }. 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, crematoriums or other
facilities for final disposition of human remains.
(c) Except as provided in this paragraph, solicitation of human
remains 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 97.923 to 97.949; 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 evidence that 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 final disposition 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 97.929 or 97.937 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,
death care consultant practice or the operation of cemeteries,
crematoriums or other facilities for final disposition of human
remains. A certified copy of the conviction is 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 - } { + agency + } within 10 days after the order is
entered or, if appealed, within 10 days after the order is
sustained on appeal.
(n) Impairment as defined in ORS 676.303.
(2) All amounts recovered under this section shall be deposited
in the { - State Mortuary and Cemetery Board Account
established under ORS 692.375 - } { + Oregon Health Licensing
Agency Account + }.
(3) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(4) { + (a) + } Upon receipt of a complaint, the
{ - board - } { + agency + } shall conduct an investigation as
described under ORS 676.165.
{ + (b) Upon receipt of a complaint, the board shall report
the complaint to the agency. + }
(5) { + (a) + } Information that the { - board - }
{ + agency + } 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 8 of this 2013 Act + }.
{ + (b) Information the board obtains under subsection (4) of
this section is confidential as provided under section 8 of this
2013 Act. + }
SECTION 208. ORS 692.190 is amended to read:
692.190. (1) An individual who wishes to engage as an
apprentice shall apply to the { - State Mortuary and Cemetery
Board - } { + Oregon Health Licensing Agency + } for
registration as a funeral service practitioner apprentice or an
embalmer apprentice upon a form provided by the { - board - }
{ + agency + }. The individual must consent to a background
check, including information solicited from the Department of
State Police. The application must be accompanied by the fee
established under ORS 692.160.
(2) One funeral service practitioner apprentice at a time is
authorized to operate under or in connection with each licensed
funeral service practitioner practicing in this state for the
purpose of learning the functions of a funeral service
practitioner.
(3) One embalmer apprentice at a time is authorized to engage
in the study of the art of embalming under the instruction and
supervision of each licensed embalmer practicing in this state.
(4) The duration of an apprenticeship required for licensure
is:
(a) Twelve months for a funeral service practitioner
apprentice.
(b) Twelve months for an embalmer apprentice.
(5) An individual may serve as a funeral service practitioner
apprentice for an aggregate total of not more than 48 months. In
computing time under this subsection, the { - board - }
{ + agency + } shall exclude time lost by interruptions caused
by active duty of the apprentice in the military service of the
United States or its allies during war or national emergency and
by interruptions that the { - board - } { + agency + } finds
are excusable under rules { - of the - } { + adopted by the
State Mortuary and Cemetery + } Board.
(6) An embalmer apprentice may serve the apprenticeship
concurrently with the funeral service practitioner
apprenticeship.
(7) An individual may serve as an embalmer apprentice for an
aggregate total of not more than 48 months. In computing time
under this subsection, the { - board - } { + agency + } shall
exclude time lost by interruptions caused by active duty of the
apprentice in the military service of the United States or its
allies during war or national emergency and by interruptions that
the { - board - } { + agency + } finds are excusable under
rules { - of - } { + adopted by + } the board.
(8)(a) Notwithstanding subsections (2) and (3) of this section,
a licensed funeral service practitioner or a licensed embalmer
may serve as a preceptor for not more than three students serving
a funeral service internship in accordance with guidelines
established by an accredited funeral service education program.
(b) A student serving an internship in a program that covers
both funeral service and embalming must be supervised by a
practitioner who has a combination funeral service practitioner
and embalmer license.
(9) The board shall adopt rules under which the { - board - }
{ + agency + } may confer credit for apprenticeship service or
its equivalency performed by:
(a) An applicant in another state; or
(b) An applicant whose license or certificate of apprenticeship
has lapsed.
SECTION 209. ORS 692.230 is amended to read:
692.230. (1) The { - State Mortuary and Cemetery Board - }
{ + Oregon Health Licensing Agency + } may suspend or revoke a
certificate of apprenticeship { + issued under ORS 692.190 + },
after notice and upon hearing, if the { - board - }
{ + agency + } finds any of the causes specified in ORS 692.180
in regard to the apprentice.
(2) An apprentice who has had a certificate of apprenticeship
suspended or revoked may apply for reregistration within one year
after the suspension or revocation, but the { - board - }
{ + agency + } shall not allow more than two reregistrations.
When the circumstances warrant, the { - board - }
{ + agency + } may allow { + , as prescribed by rules adopted by
the State Mortuary and Cemetery Board, + } an apprentice credit
under a reregistration for time actually served under a previous
registration. However, if the previous registration has been
suspended or revoked under subsection (1) of this section, the
{ - board - } { + agency + } shall not credit on the
registration more than 75 percent of the time previously served.
(3) { + (a) + } Upon receipt of a complaint, the
{ - board - } { + agency + } shall conduct an investigation as
described under ORS 676.165.
{ + (b) Upon receipt of a complaint, the board shall report
the complaint to the agency. + }
(4) { + (a) + } Information that the { - board - }
{ + agency + } 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 8 of this 2013 Act + }.
{ + (b) Information the board obtains under subsection (3) of
this section is confidential as provided under section 8 of this
2013 Act. + }
SECTION 210. ORS 692.260 is amended to read:
692.260. { - The State Mortuary and Cemetery Board - }
{ + In addition to the sanctions described in ORS 676.612, the
Oregon Health Licensing Agency + } may revoke, suspend or refuse
to renew a license issued to a funeral establishment or immediate
disposition company if the board finds any of the following in
regard to the establishment or company or its operation:
(1) Any of the causes specified in ORS 692.180.
(2) Violation of ORS 692.025 (4).
(3) Failure to comply with the rules of the { - board - }
{ + State Mortuary and Cemetery Board + }.
SECTION 211. ORS 692.265 is amended to read:
692.265. (1) If the { - State Mortuary and Cemetery Board - }
{ + Oregon Health Licensing Agency + } proposes to impose a
civil penalty or to revoke, suspend or refuse to issue or renew
any license or certificate { + authorized by this chapter + },
the { - board - } { + agency + } shall accord an opportunity
for hearing as provided in ORS chapter 183.
(2) Adoption of rules { + by the State Mortuary and Cemetery
Board + }, conduct of hearings and { + + }issuance of orders
{ + by the agency or board + } and judicial review of rules and
orders shall be as provided in ORS chapter 183.
SECTION 212. ORS 692.270 is amended to read:
692.270. (1) The { - State Mortuary and Cemetery Board - }
{ + Oregon Health Licensing Agency + } shall issue a certificate
of removal registration to a funeral establishment licensed in
another state contiguous to Oregon with laws substantially
similar to the provisions of this section for the limited purpose
of removing dead human bodies from Oregon, prior to submitting a
certificate of death, if the establishment that will make the
removals applies to the { - board - } { + agency + } for a
certificate of removal registration on a form provided by the
{ - board - } { + agency + }. The application fee established
under ORS 692.160 shall accompany the application. A certificate
issued under this subsection expires upon a change of ownership
of the funeral establishment.
(2) For purposes of this section, each branch of a registrant's
funeral establishment is a separate establishment and must be
registered as a fixed place of business.
(3) Notwithstanding ORS 692.025 (1) and 692.045, a funeral
service practitioner who files death certificates in another
state may file an Oregon certificate of death if the funeral
service practitioner is employed by a licensed funeral
establishment registered with the { - board - }
{ + agency + } under this section.
(4) The conduct of a funeral service practitioner or any other
person employed by or acting on behalf of a removal registrant
shall be the direct responsibility of the holder of a certificate
of removal registration.
(5) For any of the causes described in ORS 692.180, or for
violation of any death care rule or law in another state, the
{ - board - } { + agency + } may impose upon the holder of a
certificate of removal registration or applicant any of the
sanctions described in ORS 692.180.
SECTION 213. ORS 692.275 is amended to read:
692.275. (1) A person may not conduct the business of an
operating cemetery unless the person has a certificate of
authority to do so. A person may apply for a certificate of
authority on a form provided by the { - State Mortuary and
Cemetery Board - } { + Oregon Health Licensing Agency + }. The
application must be accompanied by the application fee
established under ORS 692.160. However, any exempt operating
cemetery is entitled to receive a certificate of authority to
operate upon payment of an initial fee not to exceed $100 and a
fee not to exceed $50 for registration of all principals
regardless of the total number of principals. An exempt operating
cemetery is not required to pay the renewal fee or the fee for
any change in principal other than the cemetery manager.
(2) A cemetery, other than an operating cemetery or a historic
cemetery listed with the Oregon Commission on Historic Cemeteries
under ORS 97.782, must be registered with the { - board - }
{ + agency + }. An owner of a cemetery, other than an operating
cemetery or a historic cemetery listed with the Oregon Commission
on Historic Cemeteries under ORS 97.782, must register the
cemetery with the { - board - } { + agency + } on a form
provided by the { - board - } { + agency + }. No fee may be
required of a cemetery registrant.
(3) A person may not operate a crematorium unless the person
has a certificate of authority to do so. A person may apply
{ + to the agency + } for a certificate of authority to operate
a crematorium on a form provided by the { - board - }
{ + agency + }. The application must be accompanied by the
application fee established under ORS 692.160.
(4) For purposes of this section and ORS 692.025, each location
of a cemetery or crematorium is a separate location and must be
licensed separately. Those cemeteries that are subject to
registration must be registered separately.
(5) The { + State Mortuary and Cemetery + } Board may consider
the recommendations of national associations related to cremation
in adopting rules regulating crematoriums.
(6) A person may not operate a facility for final disposition
of human remains other than a cemetery or a crematorium unless
the person has a certificate of authority to do so. A person may
apply { + to the agency + } for a certificate of authority on a
form provided by the { - board - } { + agency + }. The
application must be accompanied by an application fee established
under ORS 692.160.
(7) This section applies to operating cemeteries or other
cemeteries owned by any city, county or other municipal
corporation.
(8) The { - board may not subject an exempt operating
cemetery to - } { + agency may not conduct + } random
inspections { + of an exempt operating cemetery + }.
SECTION 214. ORS 692.320 is amended to read:
692.320. (1) The State Mortuary and Cemetery Board may adopt
and enforce rules for the protection of the public health, safety
and welfare relating to the following:
(a) The licensing of or issuance of certificates of authority
for funeral service practitioners, embalmers, death care
consultants, funeral establishments, crematoriums, cemeteries and
other facilities for final disposition of human remains.
(b) The registration of apprentices.
(c) The practice of funeral service practitioners, embalmers
and death care consultants, and the operation of funeral
establishments, immediate disposition companies, crematoriums,
cemeteries and other facilities for final disposition of human
remains.
(d) Sanitary conditions of funeral establishments,
crematoriums, cemeteries, other facilities for final disposition
of human remains and any location in which human remains are
stored or processed prior to final disposition.
(e) Matters necessary to carry out the provisions of this
chapter.
{ + (2) The board shall have a common seal and, subject to
any applicable provision of the State Personnel Relations Law,
may employ staff, fix the compensation for them and incur other
necessary expenses. + }
{ - (2) - } { + (3) + } Other than areas used as living
quarters, the
{ - board - } { + Oregon Health Licensing Agency + } shall
inspect not less than once biennially the facilities and records
of funeral establishments, cemeteries, crematoriums and immediate
disposition companies, other facilities for final disposition of
human remains and any location in which human remains may be
stored, temporarily held or processed prior to final disposition.
The inspection of the records of such locations is limited to
those records required to comply with this chapter { + , rules
adopted by the board under this chapter + } or ORS chapter 432 or
rules adopted pursuant thereto. The
{ - board - } { + agency + } may make random inspections at
other times. The
{ - board - } { + agency + } shall employ one or more persons
to perform such inspections and aid in the enforcement of this
chapter and rules adopted { - thereunder - } { + by the board
under this chapter + }. A person employed under this subsection
may not 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 staff, fix the compensation for them and incur other
necessary expenses. - }
SECTION 215. ORS 692.350 is amended to read:
692.350. Except as provided in this section, after each change
in the provisions of this chapter or in the rules adopted { +
by the State Mortuary and Cemetery Board + } under this chapter,
the
{ - State Mortuary and Cemetery Board - } { + Oregon Health
Licensing Agency + } shall publish for distribution to funeral
service practitioners, embalmers and apprentices and to other
interested persons, the provisions of this chapter together with
all rules adopted { - under this chapter - } { + by the board
under this chapter + }. If a change or changes in the rules are
not extensive in scope, the { - board - } { + agency + } may
publish the changes in supplementary form.
SECTION 216. ORS 692.375 is amended to read:
692.375. { - The State Mortuary and Cemetery Board Account is
established in the State Treasury, separate and distinct from the
General Fund. - } All moneys received by the { - State
Mortuary and Cemetery Board - } { + Oregon Health Licensing
Agency + } under this chapter shall be paid into the { + Oregon
Health Licensing Agency + } Account and are { + continuously + }
appropriated { - continuously to be used only - } for the
administration and enforcement of this chapter, for the
administration and enforcement of ORS 97.931 and for the purpose
of { - education of - } { + educating + } funeral service
practitioners, embalmers and death care consultants. { - Any
interest or other income from moneys in the account shall be
credited to the account. - }
SECTION 217. ORS 692.385 is amended to read:
692.385. (1) Whenever it appears to the { - State Mortuary
and Cemetery Board - } { + Oregon Health Licensing Agency + }
that any person is engaged or about to engage in any acts or
practices which constitute a violation of { - any statute
administered by the board, or any rule or order issued
thereunder, the board - } { + this chapter, a rule adopted by
the State Mortuary and Cemetery Board under this chapter or an
order issued by the agency pursuant to this chapter, the
agency + } may institute proceedings in the circuit courts to
enforce obedience thereto by injunction, or by other processes,
mandatory or otherwise, restraining such person, or its officers,
agents, employees and representatives from further violation of
{ - such statute, rule or order - } { + this chapter, rule
adopted under this chapter or order issued pursuant to this
chapter + }, and enjoining upon them obedience thereto.
(2) The provisions of this section are in addition to and not
in substitution of any other enforcement provisions contained in
any statute administered by the { - board - } { + agency + }.
SECTION 218. ORS 692.387 is amended to read:
692.387. Upon application of the { - State Mortuary and
Cemetery Board - } { + Oregon Health Licensing Agency + }, or
any public officer, agent or employee of the { - board - }
{ + agency + } acting in the course of official duties,
magistrates authorized to issue search warrants may issue an
inspection warrant whenever an inspection or investigation of any
place subject to { - the jurisdiction of the board - }
{ + regulation under this chapter + } is required or authorized.
{ + For purposes of this section, + } the inspection warrant is
an order authorizing the inspection or investigation to be
conducted at a designated place { - subject to jurisdiction of
the board - } .
SECTION 219. ORS 692.389 is amended to read:
692.389. (1) An inspection warrant shall be issued only upon
cause, supported by affidavit, particularly describing the
applicant's status in applying for the warrant under ORS 692.387
to 692.393, the statute, ordinance or regulation requiring or
authorizing the inspection or investigation, the place to be
inspected or investigated and the purpose for which the
inspection or investigation is to be made including the basis
upon which cause exists to inspect. In addition, the affidavit
shall contain either a statement that entry has been sought and
refused or facts or circumstances reasonably showing that the
purposes of the inspection or investigation might be frustrated
if entry were sought without an inspection warrant.
(2) Cause shall be considered to exist if reasonable
legislative or administrative standards for conducting a routine,
periodic or area inspection are satisfied with respect to the
particular place subject to { - the jurisdiction of the State
Mortuary and Cemetery Board - } { + regulation under this
chapter + }, or there is probable cause to believe that a
condition of nonconformity with { - a statute, rule or order
within the board's authority - } { + this chapter, rule adopted
by the State Mortuary and Cemetery Board under this chapter or
order issued by the Oregon Health Licensing Agency pursuant to
this chapter + } exists with respect to the particular place, or
an investigation is reasonably believed to be necessary in order
to determine or verify the existence of { - jurisdiction or of
a violation of any statute, rule or order enforceable by the
board - } { + a violation of this chapter, rule adopted by the
State Mortuary and Cemetery Board under this chapter or order
issued by the Oregon Health Licensing Agency pursuant to this
chapter + }.
{ +
CONFORMING AMENDMENTS + }
SECTION 220. ORS 40.250 is amended to read:
40.250. A regulated social worker under ORS 675.510 to 675.600
may not be examined in a civil or criminal court proceeding as to
any communication given the regulated social worker by a client
in the course of noninvestigatory professional activity when the
communication was given to enable the regulated social worker to
aid the client, except when:
(1) The client or a person legally responsible for the client's
affairs gives consent to the disclosure;
(2) The client initiates legal action or makes a complaint
against the regulated social worker to the State Board of
Licensed Social Workers { + or the Oregon Health Licensing
Agency + };
(3) The communication reveals a clear intent to commit a crime
that reasonably is expected to result in physical injury to a
person;
(4) The communication reveals that a minor was the victim of a
crime, abuse or neglect; or
(5) The regulated social worker is a public employee and the
public employer has determined that examination in a civil or
criminal court proceeding is necessary in the performance of the
duty of the regulated social worker as a public employee.
SECTION 221. ORS 40.262 is amended to read:
40.262. A professional counselor or a marriage and family
therapist licensed { - by the Oregon Board of Licensed
Professional Counselors and Therapists - } under ORS 675.715
shall not be examined in a civil or criminal court proceeding as
to any communication given the counselor or therapist by a client
in the course of a noninvestigatory professional activity when
such communication was given to enable the counselor or the
therapist to aid the client, except:
(1) When the client or those persons legally responsible for
the affairs of the client give consent to the disclosure. If both
parties to a marriage have obtained marital and family therapy by
a licensed marital and family therapist or a licensed counselor,
the therapist or counselor shall not be competent to testify in a
domestic relations action other than child custody action
concerning information acquired in the course of the therapeutic
relationship unless both parties consent;
(2) When the client initiates legal action or makes a complaint
against the licensed professional counselor or licensed marriage
and family therapist to the { - board - } { + Oregon Board of
Licensed Professional Counselors and Therapists or the Oregon
Health Licensing Agency + };
(3) When the communication reveals the intent to commit a crime
or harmful act; or
(4) When the communication reveals that a minor is or is
suspected to be the victim of crime, abuse or neglect.
SECTION 222. ORS 97.825 is amended to read:
97.825. (1) If the cemetery authority fails to remit to the
trustee or trustees, in accordance with the law, the funds herein
provided for endowment and special care, or fails to expend the
net income from the funds and generally care for and maintain any
portion of a cemetery entitled to endowment care, any three lot
owners whose lots are entitled to endowment care, or any one lot
owner whose lot is entitled to special care, or the next of kin,
heirs at law or personal representatives of such lot owners,
shall have the right, or the district attorney of any county
wherein is situated such lots, shall have the power, by suit for
mandatory injunction or for appointment of a receiver, to sue
for, to take charge of, and to expend such net income. The suit
may be filed in the circuit court of the county in which said
cemetery is located, to compel the expenditure either by the
cemetery authority or by any receiver so appointed by the court,
of the net income from such endowment care fund for the purposes
set out in ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to
97.730, 97.810 to 97.920 and 97.990.
(2) When the Director of the Department of Consumer and
Business Services has reason to believe that a cemetery endowment
care fund does not conform to the requirement of law, or when the
director has reason to believe that any cemetery is operating in
violation of ORS 97.810 or 97.820, or when the director has sent
an endowment care cemetery a notice of delinquency to make any
report to the director required by ORS 97.810, the director
shall, as soon thereafter as reasonable, give notice of the
foregoing to the trustee or trustees of the cemetery endowment
care fund, the cemetery authority, the Attorney General of Oregon
and the State Mortuary and Cemetery Board. { + The State
Mortuary and Cemetery Board shall inform the Oregon Health
Licensing Agency of notice received under this subsection. + }
(3) Within 120 days after the receipt of such notice, the
Attorney General shall institute suit in the circuit court of any
county of this state in which such cemetery is located, for a
mandatory injunction against further sales of graves, plots,
crypts, niches, burial vaults, markers or other cemetery
merchandise by such cemetery or for the appointment of a receiver
to take charge of the cemetery, unless the Attorney General shall
prior to that time be notified by the director that such failure
to conform to the requirements of the law or to report has been
corrected.
(4) The Attorney General may delay instituting any suit brought
under subsection (3) of this section for no more than an
additional 30 days if, in the discretion of the Attorney General
after consulting with the director, it appears to the Attorney
General:
(a) That the failure to conform to the requirements of the law
or to report will be corrected; and
(b) That no harm to the public will occur during the additional
30 days.
(5) If a trustee fails to perform the duties of the trustee
under ORS 97.810 to 97.920, the trustee shall be liable for any
damage resulting from that failure to any lot owners or the next
of kin, heirs at law or personal representatives of such lot
owners.
(6) The court may award reasonable attorney fees, costs and
disbursements to the prevailing party in an action under this
section.
SECTION 223. ORS 97.931 is amended to read:
97.931. (1) A salesperson may not engage in prearrangement
sales made by endowment care cemeteries under ORS 97.929 or in
preconstruction sales or prearrangement sales unless the
salesperson is registered with the { + Oregon Health Licensing
Agency in accordance with rules adopted by the + } State Mortuary
and Cemetery Board or holds a current funeral service
practitioner license, embalmer license, funeral service
practitioner apprentice registration or embalmer apprentice
registration. The board by rule shall:
(a) Establish procedures for issuing salesperson registrations
under this subsection;
(b) Establish standards for determining whether a salesperson
registration should be issued;
(c) Set renewal and salesperson registration fees; and
(d) Require biennial renewal of salesperson registrations.
(2) { + The agency shall issue registrations under this
section. + } The { - board - } { + agency + } may conduct a
background check of any salesperson applying for registration
under subsection (1) of this section. The background check may
include information solicited from the Department of State
Police. After consideration of information obtained from any
background check and any other information in its possession, the
{ - board - } { + agency + } shall determine { + , in
accordance with rules adopted by the board under subsection (1)
of this section, + } whether to register the salesperson.
(3)(a) The { - board - } { + agency + } may impose a civil
penalty of up to $1,000 per violation or suspend, revoke or
refuse to issue or renew the registration of a salesperson
described in subsection (1) of this section upon a determination
that the applicant or holder has not complied with the provisions
of ORS 97.923 to 97.949 or ORS chapter 692, or any rules adopted
thereunder. When the { - board - } { + agency + } proposes to
take such action, the person affected by the action shall be
accorded notice and an opportunity for hearing as provided by ORS
chapter 183. The { - board - } { + agency + } shall notify
the Director of the Department of Consumer and Business Services
of its intent to take action against a salesperson or person
acting as a salesperson.
(b) The { - board - } { + agency + } shall suspend, revoke
or refuse to issue or renew the registration of a salesperson if
the director requests the { - board - } { + agency + } to
take such action.
(4) Fees and other moneys received by the { - board - }
{ + agency + } under this section shall be deposited into the
{ - State Mortuary and Cemetery Board Account established in ORS
692.375 - } { + Oregon Health Licensing Agency Account + }.
SECTION 224. ORS 97.933, as amended by section 4, chapter 7,
Oregon Laws 2012, is amended to read:
97.933. (1) An entity may not engage in prearrangement sales or
preconstruction sales, administer prearrangement sales or
preconstruction sales or provide merchandise or services to
fulfill prearrangement sales or preconstruction sales unless the
entity is certified by the Director of the Department of Consumer
and Business Services. Each location at which an entity engages
in prearrangement sales or preconstruction sales, administers
prearrangement sales or preconstruction sales or provides
merchandise or services to fulfill prearrangement sales or
preconstruction sales must be separately certified. The director
shall:
(a) Establish procedures for issuing certificates required by
this section.
(b) Establish standards for determining whether a certificate
should be issued.
(c) Set certification and renewal fees.
(d) Require annual renewal of certification.
(e) Establish standards for rules of conduct of certified
providers.
(2) The fees described in this section must be sufficient to
meet the costs associated with the administration of ORS 97.923
to 97.949 and to maintain a reasonable emergency fund.
(3)(a) A certified provider shall file an annual report with
the director on forms prescribed by the director by rule. The
annual report must contain any information reasonably considered
necessary by the director, including but not limited to:
(A) A disclosure of deposits and withdrawals of trust funds;
(B) The number of consecutively numbered prearrangement or
preconstruction sales contracts sold during the reporting period;
(C) A complete inventory of the funeral merchandise and
cemetery merchandise delivered in lieu of trust fund requirements
under ORS 97.941, including:
(i) The location of the merchandise;
(ii) Merchandise serial numbers or warehouse receipt numbers
identified by the name of the purchaser or the beneficiary; and
(iii) The statement of the certified provider that each item of
merchandise is in the seller's possession at the specified
location; and
(D) The number of withdrawals from or terminations of any
trusts.
(b) If the annual report is not filed or is filed and shows any
material discrepancy, the director may take appropriate action
and send notification of the matter to the State Mortuary and
Cemetery Board. { + The State Mortuary and Cemetery Board shall
inform the Oregon Health Licensing Agency of notice received
under this paragraph. + }
(c) The director may relieve a certified provider of the duty
to file the annual report upon a determination that the certified
provider has performed all obligations under the prearrangement
sales contract or preconstruction sales contract, or that such
obligations lawfully have been assumed by another certified
provider or have been discharged or canceled.
(4) The director may audit the records of a certified provider
that relate to prearrangement sales or preconstruction sales, as
the director may consider appropriate. The director may refer any
matter outside of normal auditing procedures to the office of the
Attorney General for investigation and send notification of the
referral to the State Mortuary and Cemetery Board. { + The State
Mortuary and Cemetery Board shall inform the Oregon Health
Licensing Agency of notice received under this subsection. + }
(5) The conduct of individuals, including salespersons as
defined in ORS 97.923, employed by a certified provider is the
direct responsibility of the certified provider.
(6) Authority to operate as a certified provider is not
transferable. An entity that seeks to purchase or otherwise
acquire control of a cemetery or funeral establishment shall
first apply to the director to become a certified provider.
SECTION 225. ORS 97.941, as amended by section 8, chapter 7,
Oregon Laws 2012, is amended to read:
97.941. (1) Upon receiving anything of value under a
prearrangement sales contract or preconstruction sales contract,
the certified provider who sold the contract shall deposit the
following amounts into one or more trust funds maintained
pursuant to ORS 97.923 to 97.949, 97.992, 97.994 and 692.180:
(a) If the amount received is in payment of a guaranteed
prearrangement sales contract or guaranteed preconstruction sales
contract, 90 percent of the amount received. The certified
provider who sold the contract is entitled to receive the
remaining 10 percent.
(b) If the amount received is in payment of a nonguaranteed
prearrangement sales contract or nonguaranteed preconstruction
sales contract, 100 percent of the amount received.
(2) A certified provider shall pay all trust funds required by
ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 directly to a
master trustee or depository within five business days after the
certified provider receives the funds from the purchaser.
(3)(a) If a certified provider places trust funds in a
depository, the funds may be invested only in:
(A) Certificates of deposit;
(B) United States Treasury bills;
(C) Issues of United States government agencies;
(D) Guaranteed investment contracts; or
(E) Banker's acceptances or corporate bonds rated A or better
by Standard & Poor's Corporation or Moody's Investors Service.
(b) Prearrangement sales contract trust fund and
preconstruction sales contract trust fund accounts must be in the
name of the certified provider who sold the contract under ORS
97.923 to 97.949, 97.992, 97.994 and 692.180.
(4) A certified provider shall identify funds deposited in the
trust fund account in the records of the certified provider by
the name of the purchaser and beneficiary. The certified provider
shall maintain records that specify the allocation of all
earnings to each prearrangement sales contract or preconstruction
sales contract. Nothing prohibits the certified provider from
directing a master trustee or a depository to commingle the
deposits in a trust fund account for purposes of managing and
investing the funds. A joint trust fund account must be
identified by the name of the certified provider.
(5) When a prearrangement sales contract or preconstruction
sales contract includes rights of interment and funeral or
cemetery merchandise or services, the terms of the contract must
clearly provide for the application of payments received under
the contract.
(6) An entity engaging in prearrangement sales or
preconstruction sales that involve the sale of items subject to
trust and any item not subject to trust may not increase the
sales price of those items not subject to trust with the purpose
of allocating a lesser sales price to items that require a
deposit of trust funds.
(7)(a) Except when the Director of the Department of Consumer
and Business Services has made the determination described in
subsection (9)(a) of this section, a certified provider may
appoint a successor certified provider. The master trustee or
depository shall release the trust funds deposited under ORS
97.923 to 97.949, 97.992, 97.994 and 692.180 and accrued income
only to the successor certified provider as described in ORS
97.943 and 97.944.
(b) If appointing a successor certified provider under this
subsection, the original certified provider shall notify the
director of the proposed change at least 30 days before the
appointment.
(8) A certified provider may appoint a successor depository or
a master trustee and shall notify the director of the proposed
change at least 30 days before the appointment.
(9)(a) The director may appoint a successor certified provider
upon a determination that:
(A) The original certified provider has failed to perform the
duties of a certified provider;
(B) The certificate issued to the original certified provider
has been revoked or surrendered; and
(C) The appointment of a successor certified provider is
necessary to protect the interests of the purchasers and
beneficiaries of prearrangement sales contracts or
preconstruction sales contracts.
(b) Depositories or master trustees holding deposits of trust
funds by the original certified provider shall change their
records to reflect the appointment of a successor certified
provider upon receipt of written notice of the appointment from
the director.
(10) A trust fund account must be a single purpose fund. In the
event of the certified provider's bankruptcy, the funds and
accrued income are not available to any creditor as assets of the
certified provider, but must be distributed to the purchasers or
managed for the purchasers' benefit by the trustee in bankruptcy,
receiver or assignee.
(11)(a) If the original certified provider is licensed under
ORS chapter 692 and voluntarily surrenders the license { - to
the State Mortuary and Cemetery Board - } , prearrangement sales
contracts and preconstruction sales contracts must be transferred
to the successor certified provider appointed by the director.
(b) If the original certified provider is not licensed under
ORS chapter 692, upon presentation of proof of the dissolution or
insolvency, or merger with another certified provider, of the
original certified provider, the depository shall release the
prearrangement trust fund deposits or preconstruction trust fund
deposits to the purchaser.
(c) If the original certified provider is licensed under ORS
chapter 692, upon proof of the insolvency or involuntary
surrender of the license of the original certified provider, the
depository shall release the prearrangement trust fund deposits
or preconstruction trust fund deposits to the purchaser.
(12) The purchaser or beneficiary of a prearrangement sales
contract or preconstruction sales contract may be named cotrustee
with the certified provider with the written consent of the
purchaser or beneficiary.
(13) A certified provider who has not appointed a master
trustee and is placing funds with a depository shall have an
annual audit of all trust account funds performed by an
independent certified public accountant in accordance with
generally accepted accounting procedures. The certified provider
shall provide the audit results to the director as part of the
annual report required under ORS 97.933.
SECTION 226. ORS 97.948, as amended by section 15, chapter 7,
Oregon Laws 2012, is amended to read:
97.948. (1) The Director of the Department of Consumer and
Business Services may discipline a certified provider, master
trustee or entity acting as a certified provider or master
trustee without certification or registration who has been found
by an audit or examination conducted by the director:
(a) To be in violation of ORS 97.923 to 97.949;
(b) To have liabilities that exceed assets;
(c) To be unable to meet obligations as they come due; or
(d) To be in a financial condition that fails to adequately
protect the interests of customers.
(2) In disciplining a certified provider, master trustee or
entity acting as a certified provider or master trustee without
certification or registration under subsection (1) of this
section, the director may take the following actions:
(a) Impose probation.
(b) Suspend the certificate or registration.
(c) Revoke the certificate or registration.
(d) Place limitations on the certificate or registration.
(e) Refuse to issue or renew a certificate or registration.
(f) Issue an order to cease and desist from the activities that
support the discipline.
(g) Take any other disciplinary action that the director finds
proper, including assessment of the costs of the investigation
and disciplinary proceedings and assessment of a civil penalty
not to exceed $10,000 per violation.
(3) If the certificate or registration of a certified provider
or master trustee is suspended under this section, the holder of
the certificate or registration may not engage in the activities
allowed by the certificate or registration during the term of
suspension. Upon the expiration of the term of suspension, the
director shall reinstate the certificate or registration if the
conditions for which the certificate or registration was
suspended no longer exist.
(4) The director shall enter each case of disciplinary action
on the records of the Department of Consumer and Business
Services.
(5) Civil penalties under this section may be imposed as
provided in ORS 183.745.
(6) If the director takes disciplinary action under this
section, the director may send a notice of the action to the
State Mortuary and Cemetery Board and to the Attorney
General. { + The State Mortuary and Cemetery Board shall inform
the Oregon Health Licensing Agency of notice received under this
subsection. + }
SECTION 227. ORS 97.949, as amended by section 16, chapter 7,
Oregon Laws 2012, is amended to read:
97.949. (1) If the Director of the Department of Consumer and
Business Services has reason to believe that a person has
violated any provision of ORS 97.923 to 97.949, the director may
give the information relative to the violation to the appropriate
federal, state or local law enforcement officer having
jurisdiction over the violation.
(2) If the director, in the course of taking an action against
a certified provider, master trustee or entity acting as a
certified provider or master trustee without certification or
registration, finds that a salesperson or person acting as a
salesperson has violated any provision of ORS 97.923 to 97.949,
the director shall provide the State Mortuary and Cemetery Board
{ + and the Oregon Health Licensing Agency + } with a copy of
the findings and the order of the director. The { - board - }
{ + agency + } shall, upon receipt of such information,
discipline the salesperson or person acting as a salesperson as
required by law.
SECTION 228. ORS 109.675 is amended to read:
109.675. (1) A minor 14 years of age or older may obtain,
without parental knowledge or consent, outpatient diagnosis or
treatment of a mental or emotional disorder or a chemical
dependency, excluding methadone maintenance, by a physician
licensed by the Oregon Medical Board, a psychologist licensed
{ - by the State Board of Psychologist Examiners - } { + under
ORS 675.010 to 675.150 + }, a nurse practitioner registered by
the Oregon State Board of Nursing, a clinical social worker
licensed { - by the State Board of Licensed Social Workers - }
{ + under ORS 675.510 to 675.600 + } or a community mental
health program established and operated pursuant to ORS 430.620
when approved to do so by the Oregon Health Authority pursuant to
rule.
(2) However, the person providing treatment shall have the
parents of the minor involved before the end of treatment unless
the parents refuse or unless there are clear clinical indications
to the contrary, which shall be documented in the treatment
record. The provisions of this subsection do not apply to:
(a) A minor who has been sexually abused by a parent; or
(b) An emancipated minor, whether emancipated under the
provisions of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or,
for the purpose of this section only, emancipated by virtue of
having lived apart from the parents or legal guardian while being
self-sustaining for a period of 90 days prior to obtaining
treatment as provided by this section.
SECTION 229. ORS 128.640 is amended to read:
128.640. (1) ORS 128.610 to 128.750 do not apply to the United
States, any state, territory or possession of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or to
any of their agencies or governmental subdivisions.
(2) ORS 128.650 to 128.670 and 128.720 do not apply to:
(a) Any religious corporation sole or other religious
corporation or organization which holds property for religious
purposes, or to any officer, director or trustee thereof who
holds property for like purposes;
(b) A cemetery that is registered { - with the State Mortuary
and Cemetery Board - } under ORS 692.275 or a historic cemetery
listed with the Oregon Commission on Historic Cemeteries under
ORS 97.782;
(c) A trustee that holds property for charitable purposes in
the event that the sole beneficiary of a charitable remainder
trust serves as trustee; or
(d) A child-caring agency regulated under ORS 418.215 to
418.265.
SECTION 230. ORS 146.015 is amended to read:
146.015. (1) There is hereby established the State Medical
Examiner Advisory Board.
(2) The board shall make policies for the administration of ORS
146.003 to 146.189 and the Department of State Police shall adopt
rules to effectuate the policies.
(3) The board shall recommend the name or names of pathologists
to the Superintendent of State Police from which the
superintendent shall appoint the State Medical Examiner.
(4) The board consists of 11 members appointed by the Governor
who are:
(a) The Chair of the Department of Pathology of the Oregon
Health and Science University, who is the chairperson of the
board;
(b) The State Health Officer;
(c) A sheriff;
(d) A trauma physician recommended by the State Trauma Advisory
Board;
(e) A pathologist;
(f) A district attorney;
(g) A funeral service practitioner and embalmer licensed
{ - by the State Mortuary and Cemetery Board - } { + under ORS
chapter 692 + };
(h) A chief of police;
(i) A member of the defense bar;
(j) A member of the public at large; and
(k) A member of one of the federally recognized Oregon Indian
tribes.
(5) The members described in subsection (4)(a) and (b) of this
section may serve as long as they hold their respective
positions. The term of office of each member described in
subsection (4)(c), (f) and (h) of this section is for four years,
except that the position becomes vacant if the member ceases to
be a sheriff, district attorney or chief of police, respectively.
The terms of office of the other members of the State Medical
Examiner Advisory Board are for four years.
(6) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
(7) The board shall meet annually at a time and place
determined by the chairperson. The chairperson or any four
members of the board may call a special meeting upon not less
than one week's notice to the members of the board.
(8) Six members of the board constitute a quorum.
SECTION 231. ORS 192.450 is amended to read:
192.450. (1) Subject to ORS 192.480 and subsection (4) of this
section, any person denied the right to inspect or to receive a
copy of any public record of a state agency may petition the
Attorney General to review the public record to determine if it
may be withheld from public inspection. Except as provided in
subsection (5) of this section, the burden is on the agency to
sustain its action. Except as provided in subsection (5) of this
section, the Attorney General shall issue an order denying or
granting the petition, or denying it in part and granting it in
part, within seven days from the day the Attorney General
receives the petition.
(2) If the Attorney General grants the petition and orders the
state agency to disclose the record, or if the Attorney General
grants the petition in part and orders the state agency to
disclose a portion of the record, the state agency shall comply
with the order in full within seven days after issuance of the
order, unless within the seven-day period it issues a notice of
its intention to institute proceedings for injunctive or
declaratory relief in the Circuit Court for Marion County or, as
provided in subsection (6) of this section, in the circuit court
of the county where the record is held. Copies of the notice
shall be sent to the Attorney General and by certified mail to
the petitioner at the address shown on the petition. The state
agency shall institute the proceedings within seven days after it
issues its notice of intention to do so. If the Attorney General
denies the petition in whole or in part, or if the state agency
continues to withhold the record or a part of it notwithstanding
an order to disclose by the Attorney General, the person seeking
disclosure may institute such proceedings.
(3) The Attorney General shall serve as counsel for the state
agency in a suit filed under subsection (2) of this section if
the suit arises out of a determination by the Attorney General
that the public record should not be disclosed, or that a part of
the public record should not be disclosed if the state agency has
fully complied with the order of the Attorney General requiring
disclosure of another part or parts of the public record, and in
no other case. In any case in which the Attorney General is
prohibited from serving as counsel for the state agency, the
agency may retain special counsel.
(4) A person denied the right to inspect or to receive a copy
of any public record of a health professional regulatory board,
as defined in ORS 676.160, { + or the Oregon Health Licensing
Agency under section 8 of this 2013 Act, + } that contains
information concerning a licensee or applicant, and petitioning
the Attorney General to review the public record shall, on or
before the date of filing the petition with the Attorney General,
send a copy of the petition by first class mail to the health
professional regulatory board { + or agency + }. Not more than
48 hours after the board { + or agency + } receives a copy of
the petition, the board { + or agency + } shall send a copy of
the petition by first class mail to the licensee or applicant who
is the subject of any record for which disclosure is sought. When
sending a copy of the petition to the licensee or applicant, the
board { + or agency + } shall include a notice informing the
licensee or applicant that a written response by the licensee or
applicant may be filed with the Attorney General not later than
seven days after the date that the notice was sent by the
board { + or agency + }. Immediately upon receipt of any written
response from the licensee or applicant, the Attorney General
shall send a copy of the response to the petitioner by first
class mail.
(5) The person seeking disclosure of a public record of a
health professional regulatory board, as defined in ORS 676.160,
{ + or the agency + } that is confidential or exempt from
disclosure under ORS 676.165 { - or - } { + , + } 676.175
{ + or section 8 of this 2013 Act + }, shall have the burden of
demonstrating to the Attorney General by clear and convincing
evidence that the public interest in disclosure outweighs other
interests in nondisclosure, including but not limited to the
public interest in nondisclosure. The Attorney General shall
issue an order denying or granting the petition, or denying or
granting it in part, not later than the 15th day following the
day that the Attorney General receives the petition. A copy of
the Attorney General's order granting a petition or part of a
petition shall be served by first class mail on the health
professional regulatory board { + or agency + }, the petitioner
and the licensee or applicant who is the subject of any record
ordered to be disclosed. The health professional regulatory board
{ + or agency + } shall not disclose any record prior to the
seventh day following the service of the Attorney General's order
on a licensee or applicant entitled to receive notice under this
subsection.
(6) If the Attorney General grants or denies the petition for a
record of a health professional regulatory board, as defined in
ORS 676.160, { + or the agency + } that contains information
concerning a licensee or applicant, the board, { + agency or + }
a person denied the right to inspect or receive a copy of the
record or the licensee or applicant who is the subject of the
record may institute proceedings for injunctive or declaratory
relief in the circuit court for the county where the public
record is held. The party seeking disclosure of the record shall
have the burden of demonstrating by clear and convincing evidence
that the public interest in disclosure outweighs other interests
in nondisclosure, including but not limited to the public
interest in nondisclosure.
(7) The Attorney General may comply with a request of a health
professional regulatory board { + or the agency + } to be
represented by independent counsel in any proceeding under
subsection (6) of this section.
SECTION 232. ORS 401.651 is amended to read:
401.651. As used in ORS 401.651 to 401.670:
(1) 'Health care facility' means a health care facility as
defined in ORS 442.015 that has been licensed under ORS chapter
441.
(2) 'Health care provider' means:
(a) An individual licensed, certified or otherwise authorized
or permitted by the laws of this state or another state to
administer health care services in the ordinary course of
business or practice of a profession; and
(b) A person entered in the emergency health care provider
registry under ORS 401.658.
(3) 'Health professional regulatory board' { - has the
meaning given that term in ORS 676.160. - } { + means the:
(a) State Board of Examiners for Speech-Language Pathology and
Audiology;
(b) State Board of Chiropractic Examiners;
(c) State Board of Licensed Social Workers;
(d) Oregon Board of Licensed Professional Counselors and
Therapists;
(e) Oregon Board of Dentistry;
(f) Board of Licensed Dietitians;
(g) State Board of Massage Therapists;
(h) State Mortuary and Cemetery Board;
(i) Oregon Board of Naturopathic Medicine;
(j) Oregon State Board of Nursing;
(k) Nursing Home Administrators Board;
(L) Oregon Board of Optometry;
(m) State Board of Pharmacy;
(n) Oregon Medical Board;
(o) Occupational Therapy Licensing Board;
(p) Physical Therapist Licensing Board;
(q) State Board of Psychologist Examiners;
(r) Board of Medical Imaging;
(s) Oregon State Veterinary Medical Examining Board; and
(t) Oregon Health Authority, to the extent that the authority
licenses emergency medical services providers. + }
SECTION 233. ORS 414.665 is amended to read:
414.665. (1) The Oregon Health Authority, in consultation with
the appropriate health professional regulatory boards as defined
in ORS 676.160 { + , appropriate boards and councils listed under
ORS 676.606 + } and advocacy groups, shall develop and establish
with respect to community health workers, personal health
navigators, peer wellness specialists and other health care
workers who are not regulated or certified by this state:
(a) The criteria and descriptions of such individuals that may
be utilized by coordinated care organizations; and
(b) Education and training requirements for such individuals.
(2) The criteria and requirements established under subsection
(1) of this section:
(a) Must be broad enough to encompass the potential unique
needs of any coordinated care organization;
(b) Must meet requirements of the Centers for Medicare and
Medicaid Services to qualify for federal financial participation;
and
(c) May not require certification by the Home Care Commission.
SECTION 234. ORS 430.010 is amended to read:
430.010. As used in ORS 430.010 to 430.050, 430.140, 430.160,
430.165, 430.265 and 430.610 to 430.695:
(1) 'Authority' means the Oregon Health Authority.
(2) 'Department' means the Department of Human Services.
(3) 'Health facility' means a facility licensed as required by
ORS 441.015 or a facility accredited by the Joint Commission on
Accreditation of Hospitals, either of which provides full-day or
part-day acute treatment for alcoholism, drug addiction or mental
or emotional disturbance, and is licensed to admit persons
requiring 24-hour nursing care.
(4) 'Mental retardation' is synonymous with 'intellectual
disability' as defined in ORS 427.005.
(5) 'Residential facility' or 'day or partial hospitalization
program' means a program or facility providing an organized
full-day or part-day program of treatment. Such a program or
facility shall be licensed, approved, established, maintained,
contracted with or operated by the authority under:
(a) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(b) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(c) ORS 430.610 to 430.880 for mental or emotional
disturbances.
(6) 'Outpatient service' means:
(a) A program or service providing treatment by appointment and
by:
(A) Medical or osteopathic physicians licensed by the Oregon
Medical Board under ORS 677.010 to 677.450;
(B) Psychologists licensed { - by the State Board of
Psychologist Examiners - } under ORS 675.010 to 675.150;
(C) Nurse practitioners registered by the Oregon State Board of
Nursing under ORS 678.010 to 678.410;
(D) Regulated social workers authorized to practice regulated
social work { - by the State Board of Licensed Social
Workers - } under ORS 675.510 to 675.600; or
(E) Professional counselors or marriage and family therapists
licensed { - by the Oregon Board of Licensed Professional
Counselors and Therapists - } under ORS 675.715 to 675.835; or
(b) A program or service providing treatment by appointment
that is licensed, approved, established, maintained, contracted
with or operated by the authority under:
(A) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(B) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(C) ORS 430.610 to 430.880 for mental or emotional
disturbances.
SECTION 235. ORS 431.960 is amended to read:
431.960. As used in ORS 431.962 to 431.978 and 431.992:
(1) 'Dispense' and 'dispensing' have the meanings given those
terms in ORS 689.005.
(2) 'Drug outlet' has the meaning given that term in ORS
689.005.
(3) 'Health professional regulatory board' { - has the
meaning given that term in ORS 676.160. - } { + means the:
(a) State Board of Examiners for Speech-Language Pathology and
Audiology;
(b) State Board of Chiropractic Examiners;
(c) State Board of Licensed Social Workers;
(d) Oregon Board of Licensed Professional Counselors and
Therapists;
(e) Oregon Board of Dentistry;
(f) Board of Licensed Dietitians;
(g) State Board of Massage Therapists;
(h) State Mortuary and Cemetery Board;
(i) Oregon Board of Naturopathic Medicine;
(j) Oregon State Board of Nursing;
(k) Nursing Home Administrators Board;
(L) Oregon Board of Optometry;
(m) State Board of Pharmacy;
(n) Oregon Medical Board;
(o) Occupational Therapy Licensing Board;
(p) Physical Therapist Licensing Board;
(q) State Board of Psychologist Examiners;
(r) Board of Medical Imaging;
(s) Oregon State Veterinary Medical Examining Board; and
(t) Oregon Health Authority, to the extent that the authority
licenses emergency medical services providers. + }
(4) 'Practitioner' has the meaning given that term in ORS
689.005.
(5) 'Prescription' has the meaning given that term in ORS
475.005.
(6) 'Prescription drug' has the meaning given that term in ORS
689.005.
SECTION 236. ORS 431.972 is amended to read:
431.972. (1) As used in this section, 'board' means:
(a) The Oregon Medical Board;
(b) The Oregon Board of Dentistry;
(c) The Oregon Board of Naturopathic Medicine;
(d) The Oregon State Board of Nursing;
(e) The Oregon Board of Optometry; and
(f) The State Board of Pharmacy.
(2)(a) In addition to other licensing fees imposed by a board
on licensees, a board shall adopt rules imposing a fee of $25 per
year on each person licensed by the board who is authorized to
prescribe or dispense controlled substances. A board { + or, if
the board is the Oregon Board of Naturopathic Medicine, the
Oregon Health Licensing Agency + } shall collect the fee at the
same time the board { + or agency + } collects other licensing
fees imposed on licensees.
(b) A board { + or the agency + } shall retain 10 percent of
the fees collected under paragraph (a) of this subsection to
cover the costs of accounting and collection of the fees.
(c) On the first day of each calendar quarter, a board { + or
the agency + } shall transmit 90 percent of the fees collected
under paragraph (a) of this subsection during the preceding
calendar quarter to the Electronic Prescription Monitoring Fund
established in ORS 431.974.
SECTION 237. ORS 432.005 is amended to read:
432.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Authority' means the Oregon Health Authority.
(2) 'Dead body' means a human body or such parts of such human
body from the condition of which it reasonably may be concluded
that death occurred.
(3) 'Director' means the Director of the Oregon Health
Authority.
(4) 'Divorce' means dissolution of a marriage.
(5) 'Fetal death' means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy. The death is indicated
by the fact that after such expulsion or extraction the fetus
does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of the voluntary muscles.
(6) 'File' means the presentation and acceptance of a vital
record or vital report provided for in this chapter by the Center
for Health Statistics.
(7) 'Final disposition' means the burial, interment, cremation,
removal from the state or other authorized disposition of a dead
body or fetus, except that when removal from the state is
conducted by the holder of a certificate of removal registration
issued under ORS 692.270, the final disposition may not be
considered complete until the certificate of death is filed.
(8) 'Induced termination of pregnancy' means the purposeful
interruption of an intrauterine pregnancy with the intention
other than to produce a live-born infant and that does not result
in a live birth.
(9) 'Institution' means any establishment, public or private,
that provides inpatient or outpatient medical, surgical or
diagnostic care or treatment or nursing, custodial or domiciliary
care, or to which persons are committed by law.
(10) 'Live birth' means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, that, after such expulsion or
extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached.
(11) 'Person acting as a funeral service practitioner ' means:
(a) A person other than a funeral service practitioner licensed
under ORS 692.045, including but not limited to a relative,
friend or other interested party, who performs the duties of a
funeral service practitioner without payment; or
(b) A funeral service practitioner who files death certificates
in another state if the funeral service practitioner is employed
by a funeral establishment licensed in another state and
registered { - with the State Mortuary and Cemetery Board - }
under ORS 692.270.
(12) 'Physician' means a person authorized or licensed under
the laws of this state to practice medicine, osteopathy,
chiropractic or naturopathic medicine.
(13) 'Registration' means the process by which vital records
and vital reports are completed, filed and incorporated into the
official records of the Center for Health Statistics.
(14) 'State registrar' means the State Registrar of the Center
for Health Statistics.
(15) 'System of vital statistics' means the registration,
collection, preservation, amendment and certification of vital
records and vital reports; the collection of other reports
required by this chapter, and activities related thereto
including the tabulation, analysis, dissemination and publication
of vital statistics and training in the use of health data.
(16) 'Vital records' means certificates or reports of birth,
death, marriage, declaration of domestic partnership, dissolution
of marriage or domestic partnership and data related thereto.
(17) 'Vital reports' means reports of fetal death, induced
termination of pregnancy, suicide attempts by persons under 18
years of age and survey and questionnaire documents and data
related thereto.
(18) 'Vital statistics' means the data derived from
certificates and reports of birth, death, fetal death, induced
termination of pregnancy, marriage, declaration of domestic
partnership, dissolution of marriage, dissolution of domestic
partnership, suicide attempts by persons under 18 years of age
and related reports.
SECTION 238. ORS 432.312 is amended to read:
432.312. (1) The Oregon Health Authority shall impose and
collect a filing fee of $20 for each certificate of death. Of the
fee, $6 shall be deposited to the credit of the Public Health
Account and used to carry out the purposes of ORS 97.170 (6) and
$14 shall be deposited to the credit of the { - State Mortuary
and Cemetery Board Account - } { + Oregon Health Licensing
Agency Account + } and used in the same manner as funds credited
to the account under ORS 692.375.
(2) The expenditures under ORS 97.170 (6) and 692.375 may not
exceed the funds collected under subsection (1) of this section,
and in no event may expenditure on the administration of the
funds exceed five percent of the moneys collected.
SECTION 239. 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 Oregon Health Authority, + }
from a physician licensed by the Oregon Medical Board or
{ + by + } the Oregon
{ - Board of - } { + Health Licensing Agency to practice + }
naturopathic medicine { - in accordance with the rules of the
Oregon Health Authority - } .
SECTION 240. ORS 433.035 is amended to read:
433.035. (1)(a) The Public Health Director or a local public
health administrator may require testing or medical examination
of any person who may have, or may have been exposed to, a
communicable disease identified by rule of the Oregon Health
Authority to be a reportable disease, a new or uncommon disease
of potential public health significance, or a condition that is
the basis of a state of public health emergency declared by the
Governor as authorized by ORS 433.441. The Public Health Director
or the local public health administrator must issue a written
order for testing or medical examination pursuant to this
section.
(b) A written order must:
(A) Include findings stating the communicable disease that the
Public Health Director or the local public health administrator
believes the person has and the reasons for that belief.
(B) State whether medical or laboratory confirmation of the
disease is feasible and possible and whether such confirmation
would enable control measures to be taken to minimize infection
of others with the disease.
(C) Include a statement that the person may refuse to submit to
the testing or medical examination and that if the testing or
examination is refused, the Public Health Director or the local
public health administrator may seek the imposition of a public
health measure, including isolation or quarantine pursuant to ORS
433.121 or 433.123.
(2) When a person is directed to submit to a test or
examination under this section and the person agrees to do so,
the person shall submit to any testing or examination as may be
necessary to establish the presence or absence of the
communicable disease for which the testing or examination was
directed. The examination shall be carried out by the local
health officer or a physician licensed by the Oregon Medical
Board or the Oregon
{ - Board of - } { + Health Licensing Agency to practice + }
naturopathic medicine. A written report of the results of the
test or examination shall be provided to the person ordering the
test or examination, and upon request, to the person tested or
examined. Laboratory examinations, if any, shall be carried out
by the laboratory of the authority whenever the examinations are
within the scope of the tests conducted by the laboratory. If
treatment is needed, the person or the parent or guardian of the
person shall be liable for the costs of treatment based on the
examination carried out under this section, if the person liable
is able to pay the treatment costs. Cost of any examination
performed by a physician in private practice shall be paid from
public funds available to the local public health administrator,
if any, or from county funds available for general governmental
expenses in the county that the local public health administrator
serves or in the county where the person tested or examined
resides if the local public health administrator serves more than
one county or the test or examination was ordered by the Public
Health Director or local public health administrator.
(3) If a person has a communicable disease, a new or uncommon
disease of potential public health significance, or a condition
that is the basis of a state of public health emergency, the
Public Health Director or the local public health administrator
may issue an order requiring the person to complete an
appropriate prescribed course of medication or other treatment
for the communicable disease, including directly observed therapy
if appropriate, and to follow infection control provisions for
the disease. The order shall also include statements that the
person may refuse the medication or other treatment and that the
person's failure to comply with the order issued under this
subsection may result in the Public Health Director or the local
public health administrator seeking the imposition of a public
health measure, including isolation or quarantine as authorized
by ORS 433.121 and 433.123.
(4) The Public Health Director or the local public health
administrator must make every effort to obtain voluntary
compliance from a person for any testing, medical examination and
treatment required under this section.
(5) Any action taken by the Public Health Director or the local
public health administrator under this section to compel testing,
medical examination or treatment of a person who has a
communicable disease, a new or uncommon disease of potential
public health significance, or a condition that is the basis of a
state of public health emergency must be the least restrictive
alternative available to accomplish the results necessary to
minimize the transmission of the disease to others.
SECTION 241. ORS 433.045, as amended by section 1, chapter 26,
Oregon Laws 2012, is amended to read:
433.045. (1) As used in this section:
(a) 'Health care provider' means an individual licensed by a
health { - professional - } regulatory board { - , as that
term is defined in ORS 676.160 - } .
{ + (b) 'Health regulatory board' means the:
(A) State Board of Examiners for Speech-Language Pathology and
Audiology;
(B) State Board of Chiropractic Examiners;
(C) State Board of Licensed Social Workers;
(D) Oregon Board of Licensed Professional Counselors and
Therapists;
(E) Oregon Board of Dentistry;
(F) Board of Licensed Dietitians;
(G) State Board of Massage Therapists;
(H) State Mortuary and Cemetery Board;
(I) Oregon Board of Naturopathic Medicine;
(J) Oregon State Board of Nursing;
(K) Nursing Home Administrators Board;
(L) Oregon Board of Optometry;
(M) State Board of Pharmacy;
(N) Oregon Medical Board;
(O) Occupational Therapy Licensing Board;
(P) Physical Therapist Licensing Board;
(Q) State Board of Psychologist Examiners;
(R) Board of Medical Imaging;
(S) Oregon State Veterinary Medical Examining Board; and
(T) Oregon Health Authority, to the extent that the authority
licenses emergency medical services providers. + }
{ - (b) - } { + (c) + } 'HIV test' means a test of an
individual for the presence of HIV, or for antibodies or antigens
that result from HIV infection, or for any other substance
specifically indicating infection with HIV.
{ - (c) - } { + (d) + } 'Insurance producer' has the
meaning given that term in ORS 746.600.
{ - (d) - } { + (e) + } 'Insurance-support organization'
has the meaning given that term in ORS 746.600.
{ - (e) - } { + (f) + } 'Insurer' has the meaning given
that term in ORS 731.106.
(2) Except as provided in ORS 433.017, 433.055 (3) and 433.080,
a health care provider or the provider's designee shall, before
subjecting an individual to an HIV test:
(a) Notify the individual being tested; and
(b) Allow the individual being tested the opportunity to
decline the test.
(3) The notification and opportunity to decline testing
required under subsection (2) of this section may be verbal or in
writing, and may be contained in a general medical consent form.
(4)(a) Regardless of the manner of receipt or the source of the
information, including information received from the tested
individual, a person may not disclose or be compelled to disclose
the identity of any individual upon whom an HIV-related test is
performed, or the results of such a test in a manner that permits
identification of the subject of the test, except as required or
permitted by federal law, the law of this state or any rule,
including any authority rule considered necessary for public
health or health care purposes, or as authorized by the
individual whose blood is tested.
(b) This subsection does not apply to an individual acting in a
private capacity and not in an employment, occupational or
professional capacity.
(5) A person who complies with the requirements of this section
is not subject to an action for civil damages.
(6) Whenever an insurer, insurance producer or
insurance-support organization asks an applicant for insurance to
take an HIV test in connection with an application for insurance,
the insurer, insurance producer or insurance-support organization
must reveal the use of the test to the applicant and obtain the
written consent of the applicant. The consent form must disclose
the purpose of the test and the persons to whom the results may
be disclosed.
SECTION 242. ORS 433.235 is amended to read:
433.235. As used in ORS 433.235 to 433.284:
(1) 'Administrator' means the principal or other person having
general control and supervision of a school or children's
facility.
(2) 'Children's facility' or 'facility' means:
(a) A certified child care facility as described in ORS
657A.030 and 657A.250 to 657A.450, except as exempted by rule of
the Oregon Health Authority;
(b) A program operated by, or sharing the premises with, a
certified child care facility, school or post-secondary
institution where care is provided to children, six weeks of age
to kindergarten entry, except as exempted by rule of the
authority; or
(c) A program providing child care or educational services to
children, six weeks of age to kindergarten entry, in a
residential or nonresidential setting, except as exempted by rule
of the authority.
(3) 'Local health department' means the district or county
board of health, public health officer, public health
administrator or health department having jurisdiction within the
area.
(4) 'Parent' means a parent or guardian of a child or any adult
responsible for the child.
(5) 'Physician' means a physician licensed by the Oregon
Medical Board or by the Oregon { - Board of - } { + Health
Licensing Agency to practice + } naturopathic medicine or a
physician similarly licensed by another state or country in which
the physician practices or a commissioned medical officer of the
Armed Forces or Public Health Service of the United States.
(6) 'School' means a public, private, parochial, charter or
alternative educational program offering kindergarten through
grade 12 or any part thereof, except as exempted by rule of the
authority.
SECTION 243. ORS 438.220 is amended to read:
438.220. Notwithstanding ORS 438.210, a person is qualified to
act as the laboratory director of the clinical laboratory at any
accredited chiropractic college in this state for the benefit of
chiropractic patients if that person is a chiropractic physician
licensed { - by the State Board of Chiropractic Examiners, - }
{ + under ORS chapter 684 + } and possesses special
qualifications, as determined by the State Board of Chiropractic
Examiners, that enable that person to perform as a laboratory
director.
SECTION 244. ORS 441.057 is amended to read:
441.057. (1) Rules adopted pursuant to ORS 441.025 shall
include procedures for the filing of complaints as to the
standard of care in any health care facility and provide for the
confidentiality of the identity of any complainant.
(2) A health care facility, or person acting in the interest of
the facility, may not take any disciplinary or other adverse
action against any employee who in good faith brings evidence of
inappropriate care or any other violation of law or rules to the
attention of the proper authority solely because of the
employee's action as described in this subsection.
(3) Any employee who has knowledge of inappropriate care or any
other violation of law or rules shall utilize established
reporting procedures of the health care facility administration
before notifying the Department of Human Services, Oregon Health
Authority or other state agency of the alleged violation, unless
the employee believes that patient health or safety is in
immediate jeopardy or the employee makes the report to the
department or the authority under the confidentiality provisions
of subsection (1) of this section.
(4) The protection of health care facility employees under
subsection (2) of this section shall commence with the reporting
of the alleged violation by the employee to the administration of
the health care facility or to the department, authority or other
state agency pursuant to subsection (3) of this section.
(5) Any person suffering loss or damage due to any violation of
subsection (2) of this section has a right of action for damages
in addition to other appropriate remedy.
(6) The provisions of this section do not apply to a nursing
staff, as defined in ORS 441.172, who claims to be aggrieved by a
violation of ORS 441.174 committed by a hospital.
(7) Information obtained by the department or the authority
during an investigation of a complaint or reported violation
under this section is confidential and not subject to public
disclosure under ORS 192.410 to 192.505. Upon the conclusion of
the investigation, the department or the authority may publicly
release a report of the department's or the authority's findings
but may not include information in the report that could be used
to identify the complainant or any patient at the health care
facility. The department or the authority may use any information
obtained during an investigation in an administrative or judicial
proceeding concerning the licensing of a health care facility,
and may report information obtained during an investigation to a
health professional regulatory board { + , + } as defined in ORS
676.160 { + , or the Oregon Health Licensing Agency + } as that
information pertains to a licensee of the board { + or
agency + }.
SECTION 245. ORS 656.005 is amended to read:
656.005. (1) 'Average weekly wage' means the Oregon average
weekly wage in covered employment, as determined by the
Employment Department, for the last quarter of the calendar year
preceding the fiscal year in which the injury occurred.
(2) 'Beneficiary' means an injured worker, and the husband,
wife, child or dependent of a worker, who is entitled to receive
payments under this chapter. 'Beneficiary' does not include:
(a) A spouse of an injured worker living in a state of
abandonment for more than one year at the time of the injury or
subsequently. A spouse who has lived separate and apart from the
worker for a period of two years and who has not during that time
received or attempted by process of law to collect funds for
support or maintenance is considered living in a state of
abandonment.
(b) A person who intentionally causes the compensable injury to
or death of an injured worker.
(3) 'Board' means the Workers' Compensation Board.
(4) 'Carrier-insured employer' means an employer who provides
workers' compensation coverage with the State Accident Insurance
Fund Corporation or an insurer authorized under ORS chapter 731
to transact workers' compensation insurance in this state.
(5) 'Child' includes a posthumous child, a child legally
adopted prior to the injury, a child toward whom the worker
stands in loco parentis, a child born out of wedlock and a
stepchild, if such stepchild was, at the time of the injury, a
member of the worker's family and substantially dependent upon
the worker for support. A dependent child who is an invalid is a
child, for purposes of benefits, regardless of age, so long as
the child was an invalid at the time of the accident and
thereafter remains an invalid substantially dependent on the
worker for support. For purposes of this chapter, a dependent
child who is an invalid is considered to be a child under 18
years of age.
(6) 'Claim' means a written request for compensation from a
subject worker or someone on the worker's behalf, or any
compensable injury of which a subject employer has notice or
knowledge.
(7)(a) A 'compensable injury' is an accidental injury, or
accidental injury to prosthetic appliances, arising out of and in
the course of employment requiring medical services or resulting
in disability or death; an injury is accidental if the result is
an accident, whether or not due to accidental means, if it is
established by medical evidence supported by objective findings,
subject to the following limitations:
(A) No injury or disease is compensable as a consequence of a
compensable injury unless the compensable injury is the major
contributing cause of the consequential condition.
(B) If an otherwise compensable injury combines at any time
with a preexisting condition to cause or prolong disability or a
need for treatment, the combined condition is compensable only
if, so long as and to the extent that the otherwise compensable
injury is the major contributing cause of the disability of the
combined condition or the major contributing cause of the need
for treatment of the combined condition.
(b) 'Compensable injury' does not include:
(A) Injury to any active participant in assaults or combats
which are not connected to the job assignment and which amount to
a deviation from customary duties;
(B) Injury incurred while engaging in or performing, or as the
result of engaging in or performing, any recreational or social
activities primarily for the worker's personal pleasure; or
(C) Injury the major contributing cause of which is
demonstrated to be by a preponderance of the evidence the injured
worker's consumption of alcoholic beverages or the unlawful
consumption of any controlled substance, unless the employer
permitted, encouraged or had actual knowledge of such
consumption.
(c) A 'disabling compensable injury' is an injury which
entitles the worker to compensation for disability or death. An
injury is not disabling if no temporary benefits are due and
payable, unless there is a reasonable expectation that permanent
disability will result from the injury.
(d) A 'nondisabling compensable injury' is any injury which
requires medical services only.
(8) 'Compensation' includes all benefits, including medical
services, provided for a compensable injury to a subject worker
or the worker's beneficiaries by an insurer or self-insured
employer pursuant to this chapter.
(9) 'Department' means the Department of Consumer and Business
Services.
(10) 'Dependent' means any of the following-named relatives of
a worker whose death results from any injury: Father, mother,
grandfather, grandmother, stepfather, stepmother, grandson,
granddaughter, brother, sister, half sister, half brother, niece
or nephew, who at the time of the accident, are dependent in
whole or in part for their support upon the earnings of the
worker. Unless otherwise provided by treaty, aliens not residing
within the United States at the time of the accident other than
father, mother, husband, wife or children are not included within
the term ' dependent. '
(11) 'Director' means the Director of the Department of
Consumer and Business Services.
(12)(a) 'Doctor' or 'physician' means a person duly licensed to
practice one or more of the healing arts in any country or in any
state, territory or possession of the United States within the
limits of the license of the licentiate.
(b) Except as otherwise provided for workers subject to a
managed care contract, 'attending physician' means a doctor,
physician or physician assistant who is primarily responsible for
the treatment of a worker's compensable injury and who is:
(A) A medical doctor or doctor of osteopathy licensed under ORS
677.100 to 677.228 by the Oregon Medical Board, or a podiatric
physician and surgeon licensed under ORS 677.805 to 677.840 by
the Oregon Medical Board, an oral and maxillofacial surgeon
licensed by the Oregon Board of Dentistry or a similarly licensed
doctor in any country or in any state, territory or possession of
the United States; or
(B) For a cumulative total of 60 days from the first visit on
the initial claim or for a cumulative total of 18 visits,
whichever occurs first, to any of the medical service providers
listed in this subparagraph, a:
(i) Doctor or physician licensed { - by the State Board of
Chiropractic Examiners for the State of Oregon - } { + to
practice chiropractic + } under ORS chapter 684 or a similarly
licensed doctor or physician in any country or in any state,
territory or possession of the United States;
(ii) Physician assistant licensed by the Oregon Medical Board
in accordance with ORS 677.505 to 677.525 or a similarly licensed
physician assistant in any country or in any state, territory or
possession of the United States; or
(iii) Doctor of naturopathy or naturopathic physician licensed
{ - by the Oregon Board of Naturopathic Medicine - } under ORS
chapter 685 or a similarly licensed doctor or physician in any
country or in any state, territory or possession of the United
States.
(c) Except as otherwise provided for workers subject to a
managed care contract, 'attending physician' does not include a
physician who provides care in a hospital emergency room and
refers the injured worker to a primary care physician for
follow-up care and treatment.
(d) 'Consulting physician' means a doctor or physician who
examines a worker or the worker's medical record to advise the
attending physician or nurse practitioner authorized to provide
compensable medical services under ORS 656.245 regarding
treatment of a worker's compensable injury.
(13)(a) 'Employer' means any person, including receiver,
administrator, executor or trustee, and the state, state
agencies, counties, municipal corporations, school districts and
other public corporations or political subdivisions, who
contracts to pay a remuneration for and secures the right to
direct and control the services of any person.
(b) Notwithstanding paragraph (a) of this subsection, for
purposes of this chapter, the client of a temporary service
provider is not the employer of temporary workers provided by the
temporary service provider.
(c) As used in paragraph (b) of this subsection, 'temporary
service provider' has the meaning for that term provided in ORS
656.850.
(14) 'Insurer' means the State Accident Insurance Fund
Corporation or an insurer authorized under ORS chapter 731 to
transact workers' compensation insurance in this state or an
assigned claims agent selected by the director under ORS 656.054.
(15) 'Consumer and Business Services Fund' means the fund
created by ORS 705.145.
(16) 'Invalid' means one who is physically or mentally
incapacitated from earning a livelihood.
(17) 'Medically stationary' means that no further material
improvement would reasonably be expected from medical treatment,
or the passage of time.
(18) 'Noncomplying employer' means a subject employer who has
failed to comply with ORS 656.017.
(19) 'Objective findings' in support of medical evidence are
verifiable indications of injury or disease that may include, but
are not limited to, range of motion, atrophy, muscle strength and
palpable muscle spasm. 'Objective findings' does not include
physical findings or subjective responses to physical
examinations that are not reproducible, measurable or observable.
(20) 'Palliative care' means medical service rendered to reduce
or moderate temporarily the intensity of an otherwise stable
medical condition, but does not include those medical services
rendered to diagnose, heal or permanently alleviate or eliminate
a medical condition.
(21) 'Party' means a claimant for compensation, the employer of
the injured worker at the time of injury and the insurer, if any,
of such employer.
(22) 'Payroll' means a record of wages payable to workers for
their services and includes commissions, value of exchange labor
and the reasonable value of board, rent, housing, lodging or
similar advantage received from the employer. However, 'payroll '
does not include overtime pay, vacation pay, bonus pay, tips,
amounts payable under profit-sharing agreements or bonus payments
to reward workers for safe working practices. Bonus pay is
limited to payments which are not anticipated under the contract
of employment and which are paid at the sole discretion of the
employer. The exclusion from payroll of bonus payments to reward
workers for safe working practices is only for the purpose of
calculations based on payroll to determine premium for workers'
compensation insurance, and does not affect any other calculation
or determination based on payroll for the purposes of this
chapter.
(23) 'Person' includes partnership, joint venture, association,
limited liability company and corporation.
(24)(a) 'Preexisting condition' means, for all industrial
injury claims, any injury, disease, congenital abnormality,
personality disorder or similar condition that contributes to
disability or need for treatment, provided that:
(A) Except for claims in which a preexisting condition is
arthritis or an arthritic condition, the worker has been
diagnosed with such condition, or has obtained medical services
for the symptoms of the condition regardless of diagnosis; and
(B)(i) In claims for an initial injury or omitted condition,
the diagnosis or treatment precedes the initial injury;
(ii) In claims for a new medical condition, the diagnosis or
treatment precedes the onset of the new medical condition; or
(iii) In claims for a worsening pursuant to ORS 656.273 or
656.278, the diagnosis or treatment precedes the onset of the
worsened condition.
(b) 'Preexisting condition' means, for all occupational disease
claims, any injury, disease, congenital abnormality, personality
disorder or similar condition that contributes to disability or
need for treatment and that precedes the onset of the claimed
occupational disease, or precedes a claim for worsening in such
claims pursuant to ORS 656.273 or 656.278.
(c) For the purposes of industrial injury claims, a condition
does not contribute to disability or need for treatment if the
condition merely renders the worker more susceptible to the
injury.
(25) 'Self-insured employer' means an employer or group of
employers certified under ORS 656.430 as meeting the
qualifications set out by ORS 656.407.
(26) 'State Accident Insurance Fund Corporation' and '
corporation' mean the State Accident Insurance Fund Corporation
created under ORS 656.752.
(27) 'Subject employer' means an employer who is subject to
this chapter as provided by ORS 656.023.
(28) 'Subject worker' means a worker who is subject to this
chapter as provided by ORS 656.027.
(29) 'Wages' means the money rate at which the service rendered
is recompensed under the contract of hiring in force at the time
of the accident, including reasonable value of board, rent,
housing, lodging or similar advantage received from the employer,
and includes the amount of tips required to be reported by the
employer pursuant to section 6053 of the Internal Revenue Code of
1954, as amended, and the regulations promulgated pursuant
thereto, or the amount of actual tips reported, whichever amount
is greater. The State Accident Insurance Fund Corporation may
establish assumed minimum and maximum wages, in conformity with
recognized insurance principles, at which any worker shall be
carried upon the payroll of the employer for the purpose of
determining the premium of the employer.
(30) 'Worker' means any person, including a minor whether
lawfully or unlawfully employed, who engages to furnish services
for a remuneration, subject to the direction and control of an
employer and includes salaried, elected and appointed officials
of the state, state agencies, counties, cities, school districts
and other public corporations, but does not include any person
whose services are performed as an inmate or ward of a state
institution or as part of the eligibility requirements for a
general or public assistance grant. For the purpose of
determining entitlement to temporary disability benefits or
permanent total disability benefits under this chapter, 'worker'
does not include a person who has withdrawn from the workforce
during the period for which such benefits are sought.
(31) 'Independent contractor' has the meaning for that term
provided in ORS 670.600.
SECTION 246. ORS 656.799 is amended to read:
656.799. (1) The Director of the Department of Consumer and
Business Services shall develop and make available to medical
service providers informational materials about the workers'
compensation system including, but not limited to, the management
of indemnity claims, standards for the authorization of temporary
disability benefits, return to work responsibilities and
programs, and workers' compensation rules and procedures for
medical service providers.
(2) Prior to providing compensable medical services or
authorizing temporary disability benefits under ORS 656.245, a
medical service provider must certify, in a form acceptable to
the director, that the medical service provider has reviewed the
materials developed under this section.
(3) As used in this section, 'medical service provider ' means
a:
(a) Doctor or physician licensed { - by the State Board of
Chiropractic Examiners for the State of Oregon - } { + to
practice chiropractic + } under ORS chapter 684 or a similarly
licensed doctor or physician in any country or in any state,
territory or possession of the United States;
(b) Physician assistant licensed by the Oregon Medical Board in
accordance with ORS 677.505 to 677.525 or a similarly licensed
physician assistant in any country or in any state, territory or
possession of the United States; or
(c) Doctor of naturopathy or naturopathic physician licensed
{ - by the Oregon Board of Naturopathic Medicine - } under ORS
chapter 685 or a similarly licensed doctor or physician in any
country or in any state, territory or possession of the United
States.
SECTION 247. { + As used in ORS 676.110, 676.120 and 676.130,
' 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 Licensed Social Workers;
(4) Oregon Board of Licensed Professional Counselors and
Therapists;
(5) Oregon Board of Dentistry;
(6) Board of Licensed Dietitians;
(7) State Board of Massage Therapists;
(8) State Mortuary and Cemetery Board;
(9) Oregon Board of Naturopathic Medicine;
(10) Oregon State Board of Nursing;
(11) Nursing Home Administrators Board;
(12) Oregon Board of Optometry;
(13) State Board of Pharmacy;
(14) Oregon Medical Board;
(15) Occupational Therapy Licensing Board;
(16) Physical Therapist Licensing Board;
(17) State Board of Psychologist Examiners;
(18) Board of Medical Imaging;
(19) Oregon State Veterinary Medical Examining Board; and
(20) Oregon Health Authority, to the extent that the authority
licenses emergency medical services providers. + }
SECTION 248. ORS 676.110 is amended to read:
676.110. (1) An individual practicing a health care profession
may not use the title 'doctor' in connection with the profession,
unless the individual:
(a) Has earned a doctoral degree in the individual's field of
practice; and
(b)(A) Is licensed by a health professional regulatory board
{ - as defined in ORS 676.160 - } to practice the particular
health care profession in which the individual's doctoral degree
was earned; or
(B) Is working under a board-approved residency contract and is
practicing under the license of a supervisor who is licensed by a
health professional regulatory board { - as defined in ORS
676.160 - } to practice the particular health care profession in
which the individual's doctoral degree was earned.
(2) If an individual uses the title 'doctor' in connection with
a health care profession at any time, the individual must
designate the health care profession in which the individual's
doctoral degree was earned on all written or printed matter,
advertising, billboards, signs or professional notices used in
connection with the health care profession, regardless of whether
the individual's name or the title 'doctor' appears on the
written or printed matter, advertising, billboard, sign or
professional notice. The designation must be in letters or print
at least one-fourth the size of the largest letters used on the
written or printed matter, advertising, billboard, sign or
professional notice, and in material, color, type or illumination
to give display and legibility of at least one-fourth that of the
largest letters used on the written or printed matter,
advertising, billboard, sign or professional notice.
(3) Subsection (1) of this section does not prohibit:
(a) A chiropractic physician licensed under ORS chapter 684
from using the title 'chiropractic physician';
(b) A naturopathic physician licensed under ORS chapter 685
from using the title 'naturopathic physician';
(c) A person licensed to practice optometry under ORS chapter
683 from using the title 'doctor of optometry' or 'optometric
physician'; or
(d) A podiatric physician licensed under ORS 677.805 to 677.840
from using the title 'podiatric physician. '
SECTION 249. ORS 676.120 is amended to read:
676.120. Notwithstanding ORS 676.110, upon the death of any
person duly licensed by a health professional regulatory board
{ - as defined in ORS 676.160 - } , the executors of the estate
or the heirs, assigns, associates or partners may retain the use
of the decedent's name, where it appears other than as a part of
an assumed name, for no more than one year after the death of
such person or until the estate is settled, whichever is sooner.
SECTION 250. ORS 676.130 is amended to read:
676.130. Each health professional regulatory board { - as
defined in ORS 676.160 - } shall notify the appropriate district
attorney of any violation of ORS 676.110 and 676.120 which may be
brought to the attention of such board. The district attorney of
the county in which any violation of those sections takes place
shall prosecute the violation upon being informed of the
violation by any person or by one of such boards.
SECTION 251. ORS 676.150 is amended to read:
676.150. (1) As used in this section:
(a) 'Board' means the:
(A) State Board of Examiners for Speech-Language Pathology and
Audiology;
(B) State Board of Chiropractic Examiners;
(C) State Board of Licensed Social Workers;
(D) Oregon Board of Licensed Professional Counselors and
Therapists;
(E) Oregon Board of Dentistry;
(F) Board of Licensed Dietitians;
(G) State Board of Massage Therapists;
(H) Oregon Board of Naturopathic Medicine;
(I) Oregon State Board of Nursing;
(J) Nursing Home Administrators Board;
(K) Oregon Board of Optometry;
(L) State Board of Pharmacy;
(M) Oregon Medical Board;
(N) Occupational Therapy Licensing Board;
(O) Physical Therapist Licensing Board;
(P) State Board of Psychologist Examiners;
(Q) Board of Medical Imaging;
(R) State Board of Direct Entry Midwifery;
(S) State Board of Denture Technology;
(T) Respiratory Therapist and Polysomnographic Technologist
Licensing Board;
(U) Oregon Health Authority, to the extent that the authority
licenses emergency medical services providers;
(V) Oregon State Veterinary Medical Examining Board; or
(W) State Mortuary and Cemetery Board.
(b) 'Licensee' means a health professional licensed or
certified by or registered with a board.
(c) 'Prohibited conduct' means conduct by a licensee that:
(A) Constitutes a criminal act against a patient or client; or
(B) Constitutes a criminal act that creates a risk of harm to a
patient or client.
(d) 'Unprofessional conduct' means conduct unbecoming a
licensee or detrimental to the best interests of the public,
including conduct contrary to recognized standards of ethics of
the licensee's profession or conduct that endangers the health,
safety or welfare of a patient or client.
(2) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, a
licensee who has reasonable cause to believe that another
licensee has engaged in prohibited or unprofessional conduct
shall report the conduct to the board responsible for the
licensee who is believed to have engaged in the conduct. The
reporting licensee shall report the conduct without undue delay,
but in no event later than 10 working days after the reporting
licensee learns of the conduct.
(3) A licensee who is convicted of a misdemeanor or felony or
who is arrested for a felony crime shall report the conviction or
arrest to the licensee's board within 10 days after the
conviction or arrest.
(4) The board responsible for a licensee who is reported to
have engaged in prohibited or unprofessional conduct shall
investigate in accordance with the board's rules { + or, if the
board is under the oversight of the Oregon Health Licensing
Agency, shall report the prohibited or unprofessional conduct to
the Oregon Health Licensing Agency + }. If the board { + or
Oregon Health Licensing Agency + } has reasonable cause to
believe that the licensee has engaged in prohibited conduct, the
board { + or Oregon Health Licensing Agency + } shall present
the facts to an appropriate law enforcement agency without undue
delay, but in no event later than 10 working days after the board
{ + or Oregon Health Licensing Agency + } finds reasonable cause
to believe that the licensee engaged in prohibited conduct.
(5) A licensee who fails to report prohibited or unprofessional
conduct as required by subsection (2) of this section or the
licensee's conviction or arrest as required by subsection (3) of
this section is subject to discipline by the board { + or Oregon
Health Licensing Agency + } responsible for the licensee.
(6) A licensee who fails to report prohibited conduct as
required by subsection (2) of this section commits a Class A
violation.
(7) Notwithstanding any other provision of law, a report under
subsection (2) or (3) of this section is confidential under ORS
676.175 { + or, if the board is under the oversight of the
Oregon Health Licensing Agency, section 8 of this 2013 Act + }. A
board may disclose a report as provided in ORS 676.177 { + or,
if the board is under the oversight of the Oregon Health
Licensing Agency, section 9 of this 2013 Act + }.
(8) Except as part of an application for a license or for
renewal of a license and except as provided in subsection (3) of
this section, a board may not require a licensee to report the
licensee's criminal conduct.
(9) The obligations imposed by this section are in addition to
and not in lieu of other obligations to report unprofessional
conduct as provided by statute.
(10) A licensee who reports to a board in good faith as
required by subsection (2) of this section is immune from civil
liability for making the report.
(11) A board { - and - } { + , + } the members, employees
and contractors of the board { + , the Oregon Health Licensing
Agency and the employees and contractors of the agency + } are
immune from civil liability for actions taken in good faith as a
result of a report received under subsection (2) or (3) of this
section.
SECTION 252. 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 Licensed Social Workers; - }
{ - (4) Oregon Board of Licensed Professional Counselors and
Therapists; - }
{ - (5) - } { + (1) + } Oregon Board of Dentistry;
{ - (6) Board of Licensed Dietitians; - }
{ - (7) - } { + (2) + } State Board of Massage Therapists;
{ - (8) State Mortuary and Cemetery Board; - }
{ - (9) Oregon Board of Naturopathic Medicine; - }
{ - (10) - } { + (3) + } Oregon State Board of Nursing;
{ - (11) Nursing Home Administrators Board; - }
{ - (12) - } { + (4) + } Oregon Board of Optometry;
{ - (13) - } { + (5) + } State Board of Pharmacy;
{ - (14) - } { + (6) + } Oregon Medical Board;
{ - (15) Occupational Therapy Licensing Board; - }
{ - (16) - } { + (7) + } Physical Therapist Licensing
Board;
{ - (17) State Board of Psychologist Examiners; - }
{ - (18) Board of Medical Imaging; - }
{ - (19) - } { + (8) + } Oregon State Veterinary Medical
Examining Board; and
{ - (20) - } { + (9) + } Oregon Health Authority, to the
extent that the authority licenses emergency medical services
providers.
SECTION 252a. ORS 676.306 is amended to read:
676.306. (1) As used in this section, 'health professional
regulatory board' means a health professional regulatory board
{ - described in ORS 676.160 - } { + as defined in section
247 of this 2013 Act + } other than the Oregon Health Authority
with regard to the licensure of emergency medical services
providers.
(2) Subject to applicable provisions of the State Personnel
Relations Law and the approval of the Governor, notwithstanding
ORS 182.468, each health professional regulatory board shall
appoint an executive director and prescribe the duties and fix
the compensation of the executive director. The executive
director shall serve at the pleasure of the Governor under the
direct supervision of the appointing board. The board may request
that the Governor remove the executive director.
(3) In addition to any other duties imposed by law or otherwise
required of state agencies, the executive director shall keep all
records of the board and discharge all duties prescribed by the
board.
(4) The executive director shall prepare periodic reports
regarding the licensing, monitoring and investigative activities
of the board. The executive director shall submit the reports to
the board and the Governor. The Oregon Department of
Administrative Services, in consultation with the board, shall
adopt rules specifying requirements for the report content and
processes for preparing and submitting the reports. The rules may
be consistent with performance management measures and processes
initiated by the department. The rules shall require each board
to undergo a peer review of board activities by a team of
executive directors of other health professional regulatory
boards and at least one public member. The department may assess
the board for the cost of the peer review.
SECTION 253. ORS 676.350 is amended to read:
676.350. (1) As used in this section:
(a) 'Expedited partner therapy' means the practice of
prescribing or dispensing antibiotic drugs for the treatment of a
sexually transmitted disease to the partner of a patient without
first examining the partner of the patient.
(b) 'Partner of a patient' means a person whom a patient
diagnosed with a sexually transmitted disease identifies as a
sexual partner of the patient.
(c) 'Practitioner' has the meaning given that term in ORS
475.005.
(2) A health professional regulatory board, as defined in
{ - ORS 676.160 - } { + section 247 of this 2013 Act + }, may
adopt rules permitting practitioners to practice expedited
partner therapy. If a board adopts rules permitting practitioners
to practice expedited partner therapy, the board shall consult
with the Oregon Health Authority to determine which sexually
transmitted diseases are appropriately addressed with expedited
partner therapy.
(3) A prescription issued in the practice of expedited partner
therapy authorized by the rules of a board is valid even if the
name of the patient for whom the prescription is intended is not
on the prescription.
(4) The authority shall make available informational material
about expedited partner therapy that a practitioner may
distribute to patients.
SECTION 254. ORS 676.400 is amended to read:
676.400. (1) It is the intention of the Legislative Assembly to
achieve the goal of universal access to adequate levels of high
quality health care at an affordable cost for all Oregonians,
regardless of ethnic or cultural background.
(2) The Legislative Assembly finds that:
(a) Access to health care is of value when it leads to
treatment that substantially improves health outcomes;
(b) Health care is most effective when it accounts for the
contribution of culture to health status and health outcomes;
(c) Ethnic and racial minorities experience more than their
statistically fair share of undesirable health outcomes;
(d) The lack of licensed health care professionals from ethnic
and racial minorities or who are bilingual contributes to the
inadequacy of health outcomes in communities of color in this
state; and
(e) The development of a partnership between health
professional regulatory boards and communities of color to
increase the representation of people of color and bilingual
people in health care professions has significant potential to
improve the health outcomes of people of color and bilingual
citizens of this state.
(3) Health professional regulatory boards shall establish
programs to increase the representation of people of color and
bilingual people on the boards and in the professions that they
regulate. Such programs must include activities to promote the
education, recruitment and professional practice of members of
these targeted populations in Oregon.
(4) Each health professional regulatory board shall maintain
records of the racial and ethnic makeup of applicants and
professionals regulated by the board. Such information shall be
requested from applicants and the professionals regulated who
shall be informed in writing that the provision of such
information is voluntary and not required.
(5) Each health professional regulatory board shall report
biennially to the Legislative Assembly in the manner required by
ORS 192.245. The report shall contain:
(a) Data detailing the efforts of the board to comply with the
requirements of subsection (3) of this section; and
(b) Data collected under subsection (4) of this section
documenting the ethnic and racial makeup of the applicants and of
the professionals regulated by the board.
(6) For purposes of this section, 'health professional
regulatory board' has the meaning given that term in { - ORS
676.160 - } { + section 247 of this 2013 Act + }.
SECTION 255. ORS 676.410 is amended to read:
676.410. (1) As used in this section, 'healthcare workforce
regulatory board' means the:
(a) { + Oregon Health Licensing Agency, to the extent that the
agency has oversight over the + } Occupational Therapy Licensing
Board { + and Board of Licensed Dietitians + };
(b) Oregon Medical Board;
(c) Oregon State Board of Nursing;
(d) Oregon Board of Dentistry;
(e) Physical Therapist Licensing Board; { + and + }
(f) State Board of Pharmacy { - ; and - } { + . + }
{ - (g) Board of Licensed Dietitians. - }
(2)(a) An applicant for a license from a healthcare workforce
regulatory board or renewal of a license by a healthcare
workforce regulatory board shall provide the information
prescribed by the Office for Oregon Health Policy and Research
pursuant to subsection (3) of this section.
(b) Except as provided in subsection (4) of this section, a
healthcare workforce regulatory board may not approve a
subsequent application for a license or renewal of a license
until the applicant provides the information.
(3) The Administrator for the Office for Oregon Health Policy
and Research shall collaborate with the healthcare workforce
regulatory boards to adopt rules for the manner, form and content
for reporting, and the information that must be provided to a
healthcare workforce regulatory board under subsection (2) of
this section, which may include:
(a) Demographics, including race and ethnicity.
(b) Education information.
(c) License information.
(d) Employment information.
(e) Primary and secondary practice information.
(f) Anticipated changes in the practice.
(g) Languages spoken.
(4)(a) A healthcare workforce regulatory board shall report
healthcare workforce information collected under subsection (2)
of this section to the Office for Oregon Health Policy and
Research.
(b) A healthcare workforce regulatory board shall keep
confidential and not release personally identifiable data
collected under this section for a person licensed, registered or
certified by a board. This paragraph does not apply to the
release of information to a law enforcement agency for
investigative purposes or to the release to the Office for Oregon
Health Policy and Research for state health planning purposes.
(5) The requirements of subsection (2) of this section apply to
an applicant for issuance or renewal of a license who is or who
is applying to become:
(a) An occupational therapist or certified occupational therapy
assistant as defined in ORS 675.210;
(b) A physician as defined in ORS 677.010;
(c) A physician assistant as defined in ORS 677.495;
(d) A nurse or nursing assistant licensed or certified under
ORS 678.010 to 678.410;
(e) A dentist or dental hygienist as defined in ORS 679.010;
(f) A physical therapist or physical therapist assistant as
defined in ORS 688.010;
(g) A pharmacist or pharmacy technician as defined in ORS
689.005; or
(h) A licensed dietitian, as defined in ORS 691.405.
(6) A healthcare workforce regulatory board may adopt rules as
necessary to perform the board's duties under this section.
(7) In addition to licensing fees that may be imposed by a
healthcare workforce regulatory board, the Oregon Health Policy
Board shall establish fees to be paid by applicants for issuance
or renewal of licenses reasonably calculated to reimburse the
actual cost of obtaining or reporting information as required by
subsection (2) of this section.
SECTION 256. ORS 677.060 is amended to read:
677.060. This chapter does not affect or prevent the following:
(1) The practice of medicine or podiatry in this state by any
commissioned medical or podiatric officer serving in the Armed
Forces of the United States or Public Health Service, or any
medical or podiatric officer on duty with the United States
Department of Veterans Affairs, while any such medical or
podiatric officer is engaged in the performance of the actual
duties prescribed by the laws and regulations of the United
States.
(2) The meeting in this state of any licensed practitioner of
medicine of any other state or country with a licensed
practitioner of medicine in this state, for consultation.
(3) Supervised clinical training by an acupuncture student who
is enrolled in a school approved to offer credit for
post-secondary clinical education in Oregon or clinical practice
of acupuncture by a practitioner licensed to practice acupuncture
in another state or foreign country who is enrolled in clinical
training approved by the Oregon Medical Board.
(4) The furnishing of medical or surgical assistance in cases
of emergency requiring immediate attention.
(5) The domestic administration of family remedies.
(6) The practice of dentistry, pharmacy, nursing, optometry,
psychology, regulated social work, chiropractic, naturopathic
medicine or cosmetic therapy, by any person authorized by this
state.
(7) The practice of the religion of persons who endeavor to
prevent or cure disease or suffering by prayer or other spiritual
means in accordance with the tenets of any church. Nothing in
this chapter interferes in any manner with the individual's right
to select the practitioner or mode of treatment of an
individual's choice, or interferes with the right of the person
so employed to give the treatment so chosen if public health laws
and rules are complied with.
(8) The sale of lenses, artificial eyes, limbs or surgical
instruments or other apparatus or appliances of a similar
character.
(9) The sale, rent or use for hire of any device or appliance,
the sale of which is not prohibited by the laws of Oregon or the
United States.
(10) The practice of physiotherapy, electrotherapy or
hydrotherapy carried on by a duly licensed practitioner of
medicine, naturopathic medicine or chiropractic, or by ancillary
personnel certified { - by the State Board of Chiropractic
Examiners, pursuant to - } { + under + } ORS 684.155
{ - (1)(c)(A) - } { + (1)(a)(C) + }, to provide physiotherapy,
electrotherapy or hydrotherapy and working under the direction of
a chiropractic physician.
(11) The practice or use of massage, Swedish movement, physical
culture, or other natural methods requiring use of the hands.
(12) The use of the title 'doctor,' 'chiropractic physician,'
'naturopathic physician,' 'doctor of optometry, ' ' optometric
physician' or 'podiatric physician' in accordance with ORS
676.110 and 676.120.
SECTION 256a. ORS 681.230 is amended to read:
681.230. (1) Without obtaining a license under this chapter, a
person may use any procedure included in the practice of
speech-language pathology or audiology if the procedure is within
the scope of practice of the person and the person is:
(a) Licensed by a health professional regulatory board as
defined in { - ORS 676.160 - } { + section 247 of this 2013
Act + };
(b) Performing basic audiometric testing under the supervision
of a physician licensed under ORS chapter 677 and representing
that the person is a medical assistant or audiology assistant;
(c) A teacher licensed by the Teacher Standards and Practices
Commission and holding a hearing impaired endorsement; or
(d) A student participating in supervised field work or
supervised course work in speech-language pathology or audiology
as part of a college or university program approved by the State
Board of Examiners for Speech-Language Pathology and Audiology or
an undergraduate course in speech-language pathology approved by
the board.
(2) A person practicing speech-language pathology or audiology
without a license under subsection (1) of this section may not
represent or imply that the person is a speech-language
pathologist, speech-language pathology assistant or audiologist.
(3) A person practicing speech-language pathology or audiology
without a license under subsection (1)(d) of this section:
(a) Must use a title that indicates that the person is a
student trainee.
(b) May not be paid for speech-language pathology or audiology
services provided by the person, except that the person may be
provided a reasonable educational stipend.
(4) Without obtaining a license under this chapter, a teacher
licensed by the Teacher Standards and Practices Commission and
holding a communications disorders or speech impaired endorsement
issued by the commission may practice speech-language pathology
if the person:
(a) Practices speech-language pathology solely in the course
and scope of the person's duties as an employee of an education
service district, a school district or a charter school; and
(b) Complies with ORS 681.360 to 681.375 and rules adopted
under ORS 681.360 to 681.375 when supervising speech-language
pathology assistants.
(5) Without obtaining a license under this chapter, a person
may:
(a) Consult with or disseminate the person's research findings
and scientific information to accredited academic institutions or
governmental agencies; and
(b) Offer lectures to the public for a fee, monetary or
otherwise.
SECTION 256b. ORS 681.330 is amended to read:
681.330. The rules and regulations of ethical standards of
practice adopted pursuant to ORS 681.420 { - (5) - }
{ + (1)(c) + } shall govern the conduct of all persons who hold
a license or conditional license to practice speech-language
pathology or audiology or a certificate to perform the duties of
a speech-language pathology assistant.
SECTION 257. ORS 685.030 is amended to read:
685.030. (1) This chapter does not apply to any:
(a) Physician licensed by the Oregon Medical Board to practice
medicine, osteopathy or podiatry;
(b) Chiropractor licensed { - by the State Board of
Chiropractic Examiners - } { + to practice chiropractic under
ORS chapter 684 + }; or
(c) 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) This chapter does not authorize licensees to:
(a) Practice optometry or administer chiropractic adjustments;
(b) Practice any system or method of treatment not authorized
in this chapter; or
(c) Do major surgery.
(3) A licensee under this chapter may perform health
maintenance and restoration measures consistent with generally
recognized and accepted principles of naturopathic medicine,
including but not limited to:
(a) Administering, dispensing or writing prescriptions for
drugs;
(b) Recommending the use of specific and appropriate
over-the-counter pharmaceuticals;
(c) Administering anesthetics or antiseptics in connection with
minor surgery as defined in ORS 685.010;
(d) Ordering diagnostic tests;
(e) Using radiopaque substances administered by mouth or rectum
necessary for Roentgen diagnostic purposes; or
(f) Administering substances by penetration of the skin or
mucous membrane of the human body for diagnostic, preventive or
therapeutic purposes. The Oregon Board of Naturopathic Medicine
may adopt by rule appropriate procedures for administering
substances under this paragraph.
SECTION 258. ORS 688.125 is amended to read:
688.125. In order to ensure that physical therapy treatment of
a patient is based solely on the needs of a patient, any health
care practitioner licensed by a health professional regulatory
board as defined in { - ORS 676.160 - } { + section 247 of
this 2013 Act + } who owns, in part or in whole, a physical
therapy practice, or who employs a physical therapist, shall
communicate the facts of that ownership or employment
relationship to patients for whom physical therapy is prescribed
and inform the patient that alternative sources of physical
therapy treatment are available.
SECTION 259. ORS 690.025 is amended to read:
690.025. ORS 690.005 to 690.235 do not apply to:
(1) Persons who perform service without compensation in case of
emergency or in domestic administration.
(2) Persons licensed by a health professional regulatory board
listed in { - ORS 676.160 - } { + section 247 of this 2013
Act + } who are acting within the scope of their professional
license.
(3) Persons identified by the Oregon Health Licensing Agency or
Board of Cosmetology by rule who are acting under the authority
of a hospital or long term care facility licensed under ORS
441.025 or a residential facility licensed under ORS 443.415.
(4) Persons engaged in rendering emergency medical assistance
as defined in ORS 30.800.
(5) Persons licensed by the State Board of Pharmacy, merchants
or other individuals when demonstrating apparatus or supplies for
purposes of sale.
(6) Commissioned medical and surgical officers and personnel of
the United States Armed Services while operating on a military
base and personnel of correctional institutions while operating
on the premises of a correctional facility.
(7) Persons applying temporary makeup, combing hair or applying
hair spray, without compensation specifically for the application
or combing, for the sole purpose of preparing any individual for
a professional photograph or theatrical performance.
(8) A student while engaged in training at the direction of and
under the direct supervision of the faculty of a school licensed
under ORS 345.010 to 345.450 to teach a field of practice.
(9) The agency may exempt practitioners providing services at
charitable or fund raising events. In establishing an exemption,
the agency shall consider and evaluate each written request on an
individual basis.
SECTION 260. ORS 743.918 is amended to read:
743.918. (1) As used in this section:
(a) 'Complete application' means a provider's application to a
health insurer to become a credentialed provider that includes:
(A) Information required by the health insurer;
(B) Proof that the provider is licensed by a health
professional regulatory board as defined in ORS 676.160 { + or,
where appropriate, the Oregon Health Licensing Agency + };
(C) Proof of current registration with the Drug Enforcement
Administration of the United States Department of Justice, if
applicable to the provider's practice; and
(D) Proof that the provider is covered by a professional
liability insurance policy or certification meeting the health
insurer's requirements.
(b) 'Credentialing period' means the period beginning on the
date a health insurer receives a complete application and ending
on the date the health insurer approves or rejects the complete
application or 90 days after the health insurer receives the
complete application, whichever is earlier.
(c) 'Health insurer' means an insurer that offers managed
health insurance or preferred provider organization insurance,
other than a health maintenance organization as defined in ORS
750.005.
(2) A health insurer shall approve or reject a complete
application within 90 days of receiving the application.
(3)(a) A health insurer shall pay all claims for medical
services covered by the health insurer that are provided by a
provider during the credentialing period.
(b) A provider may submit claims for medical services provided
during the credentialing period during or after the credentialing
period.
(c) A health insurer may pay claims for medical services
provided during the credentialing period:
(A) During or after the credentialing period.
(B) At the rate paid to nonparticipating providers.
(d) If a provider submits a claim for medical services provided
during the credentialing period within six months after the end
of the credentialing period, the health insurer may not deny
payment of the claim on the basis of the health insurer's rules
relating to timely claims submission.
(4) Subsection (3) of this section does not require a health
insurer to pay claims for medical services provided during the
credentialing period if:
(a) The provider was previously rejected or terminated as a
participating provider in any health benefit plan underwritten or
administered by the health insurer;
(b) The rejection or termination was due to the objectively
verifiable failure of the provider to provide medical services
within the recognized standards of the provider's profession; and
(c) The provider was given the opportunity to contest the
rejection or termination before a panel of peers in a proceeding
conducted in conformity with the Health Care Quality Improvement
Act of 1986, 42 U.S.C. 11101 et seq.
SECTION 261. ORS 743A.168 is amended to read:
743A.168. A group health insurance policy providing coverage
for hospital or medical expenses shall provide coverage for
expenses arising from treatment for chemical dependency,
including alcoholism, and for mental or nervous conditions at the
same level as, and subject to limitations no more restrictive
than, those imposed on coverage or reimbursement of expenses
arising from treatment for other medical conditions. The
following apply to coverage for chemical dependency and for
mental or nervous conditions:
(1) As used in this section:
(a) 'Chemical dependency' means the addictive relationship with
any drug or alcohol characterized by a physical or psychological
relationship, or both, that interferes on a recurring basis with
the individual's social, psychological or physical adjustment to
common problems. For purposes of this section, 'chemical
dependency' does not include addiction to, or dependency on,
tobacco, tobacco products or foods.
(b) 'Facility' means a corporate or governmental entity or
other provider of services for the treatment of chemical
dependency or for the treatment of mental or nervous conditions.
(c) 'Group health insurer' means an insurer, a health
maintenance organization or a health care service contractor.
(d) 'Program' means a particular type or level of service that
is organizationally distinct within a facility.
(e) 'Provider' means a person that has met the credentialing
requirement of a group health insurer, is otherwise eligible to
receive reimbursement for coverage under the policy and is:
(A) A health care facility;
(B) A residential program or facility;
(C) A day or partial hospitalization program;
(D) An outpatient service; or
(E) An individual behavioral health or medical professional
authorized for reimbursement under Oregon law.
(2) The coverage may be made subject to provisions of the
policy that apply to other benefits under the policy, including
but not limited to provisions relating to deductibles and
coinsurance. Deductibles and coinsurance for treatment in health
care facilities or residential programs or facilities may not be
greater than those under the policy for expenses of
hospitalization in the treatment of other medical conditions.
Deductibles and coinsurance for outpatient treatment may not be
greater than those under the policy for expenses of outpatient
treatment of other medical conditions.
(3) The coverage may not be made subject to treatment
limitations, limits on total payments for treatment, limits on
duration of treatment or financial requirements unless similar
limitations or requirements are imposed on coverage of other
medical conditions. The coverage of eligible expenses may be
limited to treatment that is medically necessary as determined
under the policy for other medical conditions.
(4)(a) Nothing in this section requires coverage for:
(A) Educational or correctional services or sheltered living
provided by a school or halfway house;
(B) A long-term residential mental health program that lasts
longer than 45 days;
(C) Psychoanalysis or psychotherapy received as part of an
educational or training program, regardless of diagnosis or
symptoms that may be present;
(D) A court-ordered sex offender treatment program; or
(E) A screening interview or treatment program under ORS
813.021.
(b) Notwithstanding paragraph (a)(A) of this subsection, an
insured may receive covered outpatient services under the terms
of the insured's policy while the insured is living temporarily
in a sheltered living situation.
(5) A provider is eligible for reimbursement under this section
if:
(a) The provider is approved by the Department of Human
Services;
(b) The provider is accredited for the particular level of care
for which reimbursement is being requested by the Joint
Commission on Accreditation of Hospitals or the Commission on
Accreditation of Rehabilitation Facilities;
(c) The patient is staying overnight at the facility and is
involved in a structured program at least eight hours per day,
five days per week; or
(d) The provider is providing a covered benefit under the
policy.
(6) Payments may not be made under this section for support
groups.
(7) If specified in the policy, outpatient coverage may include
follow-up in-home service or outpatient services. The policy may
limit coverage for in-home service to persons who are homebound
under the care of a physician.
(8) Nothing in this section prohibits a group health insurer
from managing the provision of benefits through common methods,
including but not limited to selectively contracted panels,
health plan benefit differential designs, preadmission screening,
prior authorization of services, utilization review or other
mechanisms designed to limit eligible expenses to those described
in subsection (3) of this section.
(9) The Legislative Assembly has found that health care cost
containment is necessary and intends to encourage insurance
policies designed to achieve cost containment by ensuring that
reimbursement is limited to appropriate utilization under
criteria incorporated into such policies, either directly or by
reference.
(10)(a) Subject to the patient or client confidentiality
provisions of ORS 40.235 relating to physicians, ORS 40.240
relating to nurse practitioners, ORS 40.230 relating to
psychologists, ORS 40.250 and 675.580 relating to licensed
clinical social workers and ORS 40.262 relating to licensed
professional counselors and licensed marriage and family
therapists, a group health insurer may provide for review for
level of treatment of admissions and continued stays for
treatment in health care facilities, residential programs or
facilities, day or partial hospitalization programs and
outpatient services by either group health insurer staff or
personnel under contract to the group health insurer, or by a
utilization review contractor, who shall have the authority to
certify for or deny level of payment.
(b) Review shall be made according to criteria made available
to providers in advance upon request.
(c) Review shall be performed by or under the direction of a
medical or osteopathic physician licensed by the Oregon Medical
Board, a psychologist licensed { - by the State Board of
Psychologist Examiners - } { + under ORS 675.010 to
675.150 + }, a clinical social worker licensed { - by the State
Board of Licensed Social Workers - } { + under ORS 675.510 to
675.600 + } or a professional counselor or marriage and family
therapist licensed { - by the Oregon Board of Licensed
Professional Counselors and Therapists - } { + under ORS
675.715 to 675.835 + }, in accordance with standards of the
National Committee for Quality Assurance or Medicare review
standards of the Centers for Medicare and Medicaid Services.
(d) Review may involve prior approval, concurrent review of the
continuation of treatment, post-treatment review or any
combination of these. However, if prior approval is required,
provision shall be made to allow for payment of urgent or
emergency admissions, subject to subsequent review. If prior
approval is not required, group health insurers shall permit
providers, policyholders or persons acting on their behalf to
make advance inquiries regarding the appropriateness of a
particular admission to a treatment program. Group health
insurers shall provide a timely response to such inquiries.
Noncontracting providers must cooperate with these procedures to
the same extent as contracting providers to be eligible for
reimbursement.
(11) Health maintenance organizations may limit the receipt of
covered services by enrollees to services provided by or upon
referral by providers contracting with the health maintenance
organization. Health maintenance organizations and health care
service contractors may create substantive plan benefit and
reimbursement differentials at the same level as, and subject to
limitations no more restrictive than, those imposed on coverage
or reimbursement of expenses arising out of other medical
conditions and apply them to contracting and noncontracting
providers.
(12) Nothing in this section prevents a group health insurer
from contracting with providers of health care services to
furnish services to policyholders or certificate holders
according to ORS 743.531 or 750.005, subject to the following
conditions:
(a) A group health insurer is not required to contract with all
eligible providers.
(b) An insurer or health care service contractor shall, subject
to subsections (2) and (3) of this section, pay benefits toward
the covered charges of noncontracting providers of services for
the treatment of chemical dependency or mental or nervous
conditions. The insured shall, subject to subsections (2) and (3)
of this section, have the right to use the services of a
noncontracting provider of services for the treatment of chemical
dependency or mental or nervous conditions, whether or not the
services for chemical dependency or mental or nervous conditions
are provided by contracting or noncontracting providers.
(13) The intent of the Legislative Assembly in adopting this
section is to reserve benefits for different types of care to
encourage cost effective care and to ensure continuing access to
levels of care most appropriate for the insured's condition and
progress.
(14) The Director of the Department of Consumer and Business
Services, after notice and hearing, may adopt reasonable rules
not inconsistent with this section that are considered necessary
for the proper administration of these provisions.
{ +
REPEALS + }
SECTION 262. { + ORS 675.597, 681.450, 681.460, 685.195 and
688.557 are repealed. + }
{ +
OPERATIVE DATE + }
SECTION 263. { + (1) Sections 6a, 7 to 9, 17 to 23, 37 to 43,
54 to 60, 77 to 83, 96 to 102, 118 to 124, 142 to 148, 168 to
174, 191 to 197 and 247 of this 2013 Act, the amendments to
statutes and session law by sections 1 to 6, 6b, 10 to 16, 24 to
36, 44 to 53, 61 to 76, 84 to 95, 103 to 117, 125 to 141, 149 to
167, 175 to 190, 198 to 246 and 248 to 261 of this 2013 Act and
the repeal of statutes by section 262 of this 2013 Act become
operative on January 1, 2014.
(2) The Oregon Health Licensing Agency may take any action
before the operative date specified in subsection (1) of this
section that is necessary to enable the agency to exercise, on
and after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
agency by sections 6a, 7 to 9, 17 to 23, 37 to 43, 54 to 60, 77
to 83, 96 to 102, 118 to 124, 142 to 148, 168 to 174, 191 to 197
and 247 of this 2013 Act, the amendments to statutes and session
law by sections 1 to 6, 6b, 10 to 16, 24 to 36, 44 to 53, 61 to
76, 84 to 95, 103 to 117, 125 to 141, 149 to 167, 175 to 190, 198
to 246 and 248 to 261 of this 2013 Act and the repeal of statutes
by section 262 of this 2013 Act. + }
{ +
UNIT CAPTIONS + }
SECTION 264. { + The unit captions used in this 2013 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 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 265. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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