Bill Text: OR SB108 | 2013 | Regular Session | Introduced

Oregon Senate Bill 108 (Prior Session Legislation)

Bill Title: Relating to naturopathic medicine.

Spectrum: Unknown

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB108 Detail]

Download: Oregon-2013-SB108-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 380

                         Senate Bill 108

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for Oregon Board of Naturopathic Medicine)

                             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.

  Authorizes Oregon Board of Naturopathic Medicine to require
person disciplined by board to pay reasonable costs of
disciplinary hearing. Modifies language related to prohibited
acts.

                        A BILL FOR AN ACT
Relating to naturopathic medicine; creating new provisions; and
  amending ORS 685.110.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 685.110 is amended to read:
  685.110.  { + (1) + } The Oregon Board of Naturopathic Medicine
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 - }   { + discipline a person as provided in this
section + } for any of the following reasons:
    { - (1) - }   { + (a) + } Using fraud or deception in
 { - securing a license - }  { + applying for a license under
this chapter + }.
    { - (2) - }   { + (b) + } Impersonating   { - another - }
 { + a naturopathic + } physician.
    { - (3) - }   { + (c) + } Practicing naturopathic medicine
under an assumed name.
    { - (4) - }   { + (d) + } Performing an abortion.
    { - (5) - }   { + (e) + } 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) - }   { + (f) + } Being convicted of a crime
 { - relating to - }   { + related to the + } practice of
naturopathic medicine.
    { - (8) - }   { + (g) + }   { - Committing negligence related
to - }   { + Engaging in conduct that is below the standard of
care for  + }the practice of naturopathic medicine.

    { - (9) - }   { + (h) + } Having an impairment as defined in
ORS 676.303.
    { - (10) - }   { + (i) + } Prescribing or dispensing drugs
outside the scope of  { + the + } practice  { + of naturopathic
medicine or any other profession for which the person is licensed
to prescribe or dispense drugs + }.
    { - (11) - }   { + (j) + } Obtaining a fee through fraud or
misrepresentation.
    { - (12) - }   { + (k) + } Committing gross or repeated
malpractice.
    { - (13) - }   { + (L) + } Representing to a patient that a
manifestly incurable   { - condition of - }  sickness, disease or
injury can be permanently cured.
    { - (14) - }   { + (m) + } Engaging in any conduct or
practice { + :
  (A) + } Contrary to a recognized standard of ethics of the
profession  { + of naturopathic medicine + }   { - or any conduct
or practice - }  { + ; + }
   { +  (B) + } That   { - does - }   { + constitutes + } or
might constitute a danger to the health or safety of a patient or
the public   { - or any conduct, practice or condition - }  { + ;
or
  (C) + } That   { - does - }   { + adversely affects + } or
might adversely affect a  { +  naturopathic + } physician's
ability   { - safely and skillfully - }  to practice naturopathic
medicine.
    { - (15) - }   { + (n) + } Willfully and consistently
utilizing any naturopathic service, X-ray equipment or treatment
contrary to recognized standards of  { + the + } practice of
 { - the - }  naturopathic
  { - profession - }   { + medicine + }.
    { - (16) - }   { + (o) + } Failing to notify the board within
30 days of   { - a change in the location of practice or of
mailing address - }   { + changing the mailing address or
location of a practice + }.
    { - (17) - }   { + (p) + } Attempting to practice
 { - naturopathic medicine or - }  { + , + } practicing or
claiming to practice naturopathic medicine { + , + } or any
  { - of its components - }   { + component of naturopathic
medicine, + } in this state without first complying with the
provisions of this chapter.
    { - (18) - }   { + (q) + } Having a license to practice
naturopathic medicine in another jurisdiction suspended or
revoked.
    { - (19) - }   { + (r) + } Employing unlicensed persons to
practice naturopathic medicine.
    { - (20) - }   { + (s) + } Practicing natural childbirth
without first obtaining a certificate of special competency.
    { - (21) - }   { + (t) + } Representing that   { - the
licensee - }  { + , in addition to being licensed to practice
naturopathic medicine, the naturopathic physician + } is a
medical specialist or practices a medical specialty.
    { - (22) - }   { + (u) + } Failing to respond in a timely
manner to a request for information regarding a complaint or the
investigation of a complaint by the board.
    { - (23) - }   { + (v) + } Failing to pay a civil penalty in
the time specified by the order  { + of the board + } imposing
the penalty.
    { - (24) - }   { + (w) + } Violating any provision of this
chapter { + , an order of the board  + }or rules adopted by the
board.
   { +  (x) Any other reason that renders an applicant for a
license to practice naturopathic medicine or a person licensed to
practice naturopathic medicine unfit to perform the duties of a
naturopathic physician.
  (2) In disciplining a person under this section, the board may:
  (a) Refuse to grant, suspend, revoke or refuse to renew a
license to practice naturopathic medicine.
  (b) Limit the extent to which a person licensed under this
chapter may practice naturopathic medicine.
  (c) Place a person licensed under this chapter on probation
from practicing naturopathic medicine.
  (d) Issue a letter of reprimand.
  (e) Impose a civil penalty not to exceed $5,000 for each
offense.
  (f) In addition to or instead of imposing a civil penalty under
paragraph (e) of this subsection, require the person to pay the
reasonable costs of a disciplinary proceeding conducted pursuant
to this section, including, but not limited to, hearing costs,
attorney fees and investigatory costs described in ORS 685.225.
  (g) Impose any other disciplinary action the board in its
discretion finds proper. + }
  SECTION 2.  { + The amendments to ORS 685.110 by section 1 of
this 2013 Act apply to hearings that commence on or after the
effective date of this 2013 Act. + }
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