Bill Text: OR SB140 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to the Occupational Therapy Licensing Board; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2011-05-24 - Effective date, May 24, 2011. [SB140 Detail]

Download: Oregon-2011-SB140-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 140

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 Occupational Therapy Licensing Board)

                     CHAPTER ................

                             AN ACT

Relating to the Occupational Therapy Licensing Board; amending
  ORS 675.300, 675.335 and 675.336; repealing ORS 675.337; and
  declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 675.300 is amended to read:
  675.300. (1) The Occupational Therapy Licensing Board may deny,
suspend, revoke or refuse to renew a license or may impose
probationary conditions where the licensee or applicant has
 { - been guilty of - } :
  (a)  { + Committed + } unprofessional conduct as defined by the
standards established by the board;
  (b)   { - Obtaining or attempting - }   { + Obtained or
attempted + } to obtain a license by means of fraud,
misrepresentation or concealment of material facts;
  (c)   { - Violating - }   { + Violated any provision of ORS
675.210 to 675.340 or  + }any   { - lawful - }  order or rule
adopted by the board   { - that may affect the health, welfare or
safety of the public - } ; or
  (d)  { + Committed + } gross negligence or incompetence in the
performance of professional duties.
  (2) The board may suspend or revoke the license of any person
licensed under ORS 675.210 to 675.340   { - and 675.990 (2) - }
if the licensee has an impairment as defined in ORS 676.303.
  (3)   { - Where - }   { + When + } the board 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 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 2. 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

Enrolled Senate Bill 140 (SB 140-INTRO)                    Page 1

may investigate any alleged violation of ORS 675.210 to 675.340.
The board 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;   { - and - }
  (e) Compel the production of books, papers, accounts, documents
and testimony pertaining to the matter under investigation { + ;
and
  (f) Issue subpoenas + }.
    { - (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. - }
  SECTION 3. ORS 675.336 is amended to read:
  675.336. (1) In addition to any other liability or penalty
provided by law, the Occupational Therapy Licensing Board may
impose a civil penalty on a person who violates the provisions of
ORS 675.210 to 675.340 { +  in an amount not to exceed $1,000 for
each violation + }.
  (2)  { + The board shall impose + } 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 paid
into the Occupational Therapy Licensing Board Account established
in ORS 675.330 and shall be used only for the administration and
enforcement of ORS 675.210 to 675.340.
  SECTION 4.  { + ORS 675.337 is repealed. + }
  SECTION 5.  { + 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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Passed by Senate February 24, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 11, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 140 (SB 140-INTRO)                    Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 140 (SB 140-INTRO)                    Page 3