Bill Text: OR SB138 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the Oregon Board of Naturopathic Medicine; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB138 Detail]

Download: Oregon-2011-SB138-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 530

                         Senate Bill 138

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
  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.

  Allows Oregon Board of Naturopathic Medicine to assess costs of
disciplinary proceedings and impose other disciplinary action on
person subject to discipline.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the Oregon Board of Naturopathic Medicine; amending
  ORS 685.110; and declaring an emergency.
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
subsection (2) of this section  + }for any of the following
reasons:
    { - (1) - }   { + (a) + } Using fraud or deception in
securing a license.
    { - (2) - }   { + (b) + } Impersonating another 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) - }   { + (f) + } Any other reason that renders the
applicant or licensee unfit to perform the duties of a
naturopathic physician.
    { - (7) - }   { + (g) + } Being convicted of a crime relating
to practice of naturopathic medicine.
    { - (8) - }   { + (h) + } Committing negligence related to
the practice of naturopathic medicine.
    { - (9) - }   { + (i) + } Having an impairment as defined in
ORS 676.303.
    { - (10) - }   { + (j) + } Prescribing or dispensing drugs
outside the scope of practice.
    { - (11) - }   { + (k) + } Obtaining a fee through fraud or
misrepresentation.
    { - (12) - }   { + (L) + } Committing gross or repeated
malpractice.
    { - (13) - }   { + (m) + } Representing to a patient that a
manifestly incurable condition of sickness, disease or injury can
be permanently cured.
    { - (14) - }   { + (n) + } 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) - }   { + (o) + } Willfully and consistently
utilizing any naturopathic service, X-ray equipment or treatment
contrary to recognized standards of practice of the naturopathic
profession.
    { - (16) - }   { + (p) + } Failing to notify the board within
30 days of a change in the location of practice or of mailing
address.
    { - (17) - }   { + (q) + } 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) - }   { + (r) + } Having a license to practice
naturopathic medicine in another jurisdiction suspended or
revoked.
    { - (19) - }   { + (s) + } Employing unlicensed persons to
practice naturopathic medicine.
    { - (20) - }   { + (t) + } Practicing natural childbirth
without first obtaining a certificate of special competency.
    { - (21) - }   { + (u) + } Representing that the licensee is
a medical specialist or practices a medical specialty.
    { - (22) - }   { + (v) + } 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) - }   { + (w) + } Failing to pay a civil penalty in
the time specified by the order imposing the penalty.
    { - (24) - }   { + (x) + } Violating any provision of this
chapter or rules adopted by the board.
   { +  (2) In disciplining a person under subsection (1) of this
section, the board may:
  (a) Refuse to grant a license;
  (b) Suspend a license;
  (c) Revoke a license;
  (d) Limit a license;
  (e) Impose probation;
  (f) Issue a letter of reprimand;
  (g) Impose a civil penalty not to exceed $5,000 for each
offense;
  (h) Assess the costs of the disciplinary process, including but
not limited to the costs of investigation, attorney fees, hearing
officer costs and the costs of discovery; and
  (i) Impose any other disciplinary action the board in its
discretion finds proper. + }
  SECTION 2.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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