 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Oregon |
|
USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 685 Naturopaths
|
|
As used in this chapter:
(1) “Accredited naturopathic school or college” means any
naturopathic school or college offering a four-year full-time resident
program of study in naturopathy leading to a doctoral degree in
naturopathic medicine, such program having been approved by the board to
meet the standards specifically incorporated into board rules.
(2) “Board” means the Board of Naturopathic Examiners.
(3) “Drugs” means all medicines and preparations and all
substances, except nonpoisonous plant or animal substances in therapeutic
dosages, food and water, substances listed on the formulary established
under ORS 685.145 (3), over-the-counter substances, nonprescriptive and
non Drug Enforcement Agency regulated homeopathic substances and
nutritional supplements, used or intended to be used for the diagnosis,
cure, treatment, mitigation or prevention of diseases or abnormalities of
humans, which are recognized in the latest editions of the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia, official
National Formulary, or any supplement to any of them, or otherwise
established as drugs.
(4) “Minor surgery” means the use of electrical or other methods
for the surgical repair and care incident thereto of superficial
lacerations and abrasions, benign superficial lesions, and the removal of
foreign bodies located in the superficial structures; and the use of
antiseptics and local anesthetics in connection therewith.
(5) “Naturopathic medicine” means the discipline that includes
physiotherapy, natural healing processes and minor surgery and has as its
objective the maintaining of the body in, or of restoring it to, a state
of normal health.
(6) “Nonpoisonous” means a substance taken in accepted therapeutic
dosage that by its action on organs or tissue does not adversely impair
function or destroy human life.
(7) “Plant or animal substances” means those substances found in
nature that comprise the whole or parts of plants or animals and
constituents thereof and that have not had changes made in their
molecular structure as found in nature. [Amended by 1953 c.557 §4; 1985
c.624 §3; 1989 c.575 §1; 1989 c.945 §3; 1993 c.42 §1; 1999 c.512 §1; 2003
c.154 §1](1)
Except as provided in subsection (3) of this section, no person shall
practice, attempt to practice, or claim to practice naturopathic medicine
in this state without first complying with the provisions of this chapter.
(2) Only licensees under this chapter may use any or all of the
following terms, consistent with academic degrees earned: “Doctor of
Naturopathy” or its abbreviation, “N.D.,” “Naturopath” or “Naturopathic
Physician.” However, none of these terms, or any combination of them,
shall be so used as to convey the idea that the physician who uses them
practices anything other than naturopathic medicine.
(3) Subsection (1) of this section does not apply to a bona fide
student of naturopathic medicine who, during the period of the student’s
enrollment and as part of a doctoral course of study in an Oregon
accredited naturopathic educational institution, engages in clinical
training under the supervision of institution faculty, if the clinical
training facility and level of supervision meet the standards adopted by
the Board of Naturopathic Examiners by rule. [Amended by 1997 c.560 §1;
2001 c.526 §1] Nothing in this chapter shall be
construed to:
(1) Apply to any physician and surgeon, osteopath or chiropractor,
or to any Christian Scientist or other person who by religious or
spiritual means endeavors to prevent or cure disease or suffering in
accord with the tenets of any church.
(2) Authorize licensees to practice optometry or administer
chiropractic adjustments, or any system or method of treatment not
authorized in this chapter, or to administer or write prescriptions for
or dispense drugs, or do major surgery except that naturopathic
physicians are not prohibited from recommending the use of specific and
appropriate over-the-counter pharmaceuticals for their patients, or from
prescribing codeine sulfate or codeine phosphate in an appropriate and
safe manner.
(3) Prevent a licensee under this chapter from the administration
of the anesthetics or antiseptics authorized in ORS 685.010 (4), from
ordering diagnostic tests, or from the use of radiopaque substances
administered by mouth or rectum necessary for Roentgen diagnostic
purposes.
(4) Authorize the administration of any substance by penetration of
the skin or mucous membrane of the human body except for diagnostic and
preventive purposes or for the therapeutic purpose of administering
vitamins and minerals. [Amended by 1953 c.557 §4; 1985 c.624 §4; 1989
c.575 §4; 1989 c.945 §5; 1993 c.55 §1; 1993 c.469 §10; 2001 c.526 §2] Licensees under this chapter
shall observe and are subject to all state, county and municipal laws and
regulations relating to public health. [Amended by 2001 c.526 §6] Licensees under
this chapter are authorized to sign birth and death certificates. Such
certificates so signed shall be accepted as fulfilling all the
requirements of the laws dealing with such certificates. [Amended by 2001
c.526 §7]The Director of Human Services shall
not discriminate between licensed naturopathic physicians and any other
person authorized by law to render professional services that a licensed
naturopathic physician may render, when such services are required. If
the Department of Human Services is responsible for paying for such
services, the services shall be paid for in the same manner and under the
same standards as similar professional services. [1993 c.366 §2; 2001
c.900 §215]LICENSING (1) The
minimum educational requirements for license under the provisions of this
chapter shall be:
(a) At least two years’ satisfactory liberal arts and sciences
study, or either, in a college or university accredited by either the
Northwest Association of Schools and Colleges or a like regional
association or in a college or university in Oregon approved for granting
degrees by the Oregon Student Assistance Commission as evidenced by
certificate or transcript of credits from the college or university; and
(b) Graduation from an accredited naturopathic school or college.
(2) The studies required of the applicant for a license to practice
naturopathic medicine in this state shall include anatomy, histology,
embryology, physiology, chemistry, pathology, bacteriology, public health
and hygiene, toxicology, obstetrics and gynecology, diagnosis, theory,
practice and philosophy of naturopathic medicine, electrotherapy,
hydrotherapy, physiotherapy, clinics, eye-ear-nose-throat, minor surgery,
first aid, herbology, proctology, dietetics, jurisprudence, and such
other naturopathic subjects as the Board of Naturopathic Examiners may
require, except major surgery, with a total of not less than 4,000
lecture or recitation hours. [Amended by 1953 c.557 §4; 1969 c.381 §5;
1985 c.624 §5; 1989 c.575 §2; 1997 c.652 §42; 2003 c.154 §2] Any person who wishes to
practice naturopathic medicine in this state shall make application to
the Board of Naturopathic Examiners for an examination for a license to
practice naturopathic medicine. The application shall be filed with the
board not less than 10 days before the date of the examination upon
blanks provided by the board. The applicant shall pay to the board the
appropriate nonrefundable examination fee. [Amended by 1983 c.281 §1;
1985 c.624 §6](1) For the purpose of determining the qualifications of
applicants for license under this chapter, the Board of Naturopathic
Examiners shall hold meetings and conduct examinations of applicants for
licenses at such time and places and under such rules as a majority of
the board may determine. The time and place of holding such an
examination shall be published at least 30 days prior to the date of the
examination.
(2) At the time and place the board has previously designated, the
applicant shall appear before the board to be examined as to the fitness
of the applicant to practice naturopathic medicine. The examination shall
be in writing and embrace and be restricted to the subjects listed in ORS
685.060.
(3) If the applicant passes the examination, upon payment of the
appropriate license fee, the board shall issue to such applicant a
license to practice naturopathic medicine.
(4) If an applicant fails to pass either the basic science or
clinical section of the examination, without losing credits for subjects
passed, the applicant shall be permitted to retake each subject a total
of two times within a period of two years. If after three attempts, the
applicant has not passed the entire basic science or clinical section of
the examination, the applicant shall be required to wait one year and
retake the complete section.
(5) The board may waive the basic science portion of its own
examination for an applicant whom it declares qualified in basic science
as a result of successful performance on a comparable examination, taken
recently enough to assure the currency of the applicant’s knowledge. In
such cases, the board shall determine the necessary comparability through
evaluation of both examination content and testing procedures, and shall
determine the appropriate qualifying score for waiver regardless of any
nominal passing score. [Amended by 1985 c.624 §7; 1989 c.575 §3] A person licensed to practice
naturopathic medicine under the laws of another state or territory of the
United States, the District of Columbia or Canada who demonstrates to the
satisfaction of the Board of Naturopathic Examiners that the person
possesses qualifications at least equal to those required of persons
eligible for licensing under this chapter may be issued a license to
practice in this state without written examination upon payment of the
license fee required under ORS 685.100. [1973 c.469 §2; 2001 c.526 §3](1) Upon receipt of an application for a license, accompanied by
the appropriate fee, the Board of Naturopathic Examiners shall issue to
the applicant a license certificate. The certificate shall, at all times,
be displayed in the office of the person to whom it was issued unless the
person has allowed the license to become inactive or is retired from the
practice of naturopathic medicine and does not maintain an office.
(2) A person holding an active license issued under this chapter
may apply to the board for license renewal. A completed renewal
application consists of:
(a) A completed board renewal form containing any information
required by the board to determine the applicant’s eligibility for
license renewal;
(b) Proof of compliance with continuing education requirements set
by the board; and
(c) Payment of the biennial license renewal fee established by the
board under subsection (8) of this section.
(3) Failure to submit a completed renewal application by December
31 shall result in the lapse of the license. A lapsed license may be
restored by the board upon receipt, by January 31, of a completed renewal
application and payment of the restoration fee under subsection (8) of
this section.
(4) A license that has lapsed for more than one month may be
restored by the board upon payment of the restoration fee established by
the board and submission of a completed renewal application and any other
information required by the board.
(5) A person holding an active license under this chapter may
convert the license to inactive status by meeting the requirements set by
rule of the board and paying any required fees. A person holding a
license issued under this chapter who is at least 70 years of age and
retired from the practice of naturopathic medicine may convert the
license to retired status by meeting the requirements set by rule of the
board and paying any required fees.
(6)(a) A person who chooses to allow a license to become inactive
may file a written application to reactivate a license that has been
inactive for one year or less by paying the restoration fee and the
biennial renewal fee for an active license and demonstrating compliance
with ORS 685.102. A fee paid to place the license in inactive status
shall not be credited toward payment of the biennial renewal fee for an
active license. The board may prorate the biennial renewal fee.
(b) A person who chooses to allow a license to become inactive may
file a written application to reactivate a license that has been inactive
for more than one year by paying the biennial renewal fee for an active
license and demonstrating compliance with the continuing education
requirement set by rule of the board under ORS 685.102 (6). The board may
prorate the biennial renewal fee.
(7) The secretary of the board shall notify each person holding a
license under this chapter that the registration application and fee are
due.
(8) The board shall assess fees for:
(a) An initial license.
(b) Examination.
(c) Renewal of a biennial license.
(d) Yearly renewal of an inactive or retired license.
(e) Restoration of an inactive, lapsed or revoked license.
(f) A certificate of special competency in natural childbirth.
(g) A duplicate license.
(h) A wall certificate.
(i) Copies of public documents, mailing labels, lists and diskettes.
(9) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior to
adopting the fees and charges, the fees and charges established under
this section shall not exceed the cost of administering the regulatory
program of the board pertaining to the purpose for which the fee or
charge is established, as authorized by the Legislative Assembly within
the board’s budget, as the budget may be modified by the Emergency Board.
[Amended by 1967 c.44 §2; 1969 c.26 §2; 1969 c.381 §6; 1973 c.182 §5;
1983 c.281 §2; 1985 c.624 §9; 1991 c.703 §28; 1997 c.628 §1; 1999 c.479
§1; 2001 c.526 §4; 2003 c.154 §3] (1) Except as
provided in subsections (2) and (5) of this section, each person holding
a license under this chapter shall submit annually by December 31,
evidence satisfactory to the Board of Naturopathic Examiners of
successful completion of an approved program of continuing education of
at least 25 hours in naturopathic medicine, completed in the calendar
year preceding the date on which the evidence is submitted, and
completion during the renewal period, or documentation of previous
completion, of:
(a) A pain management education program approved by the board and
developed in conjunction with the Pain Management Commission established
under ORS 409.500; or
(b) An equivalent pain management education program, as determined
by the board.
(2) The board may exempt any person holding a license under this
chapter from the requirements of subsection (1) of this section upon
application showing evidence satisfactory to the board of inability to
comply with the requirements because of physical or mental condition or
because of other unusual or extenuating circumstances. However, no person
shall be exempted from the requirements of subsection (1) of this section
more than once in any five-year period.
(3) Notwithstanding subsection (2) of this section, a person
holding a license under this chapter may be exempted from the
requirements of subsection (1) of this section upon application showing
evidence satisfactory to the board that the applicant is or will be in
the next calendar year at least 70 years of age and is retired or will
retire in the next calendar year from the practice of naturopathic
medicine.
(4) The board shall require licensees to obtain continuing
education for the use of pharmacological substances for diagnostic,
preventive and therapeutic purposes in order to maintain current
licensure.
(5) A person whose license is in inactive status must submit by
December 31 of each year evidence satisfactory to the board of completion
of 10 hours of approved continuing education in the year preceding the
date on which the evidence is submitted.
(6) Notwithstanding subsections (1), (2) and (5) of this section,
in the case of an applicant under ORS 685.100 (6)(b) for reactivation of
an inactive license, the continuing education requirement for
reactivation shall be set by rule of the board. [1969 c.381 §2; 1973
c.829 §67; 1985 c.624 §10; 1993 c.55 §2; 1997 c.628 §2; 1999 c.479 §2;
2001 c.987 §17; 2003 c.154 §§4,5](1) The Board of Naturopathic Examiners shall refuse to
issue the certificate of biennial registration to any person holding a
license under this chapter who fails to submit with the registration fee
proof required under ORS 685.102, unless it has exempted the person from
the requirements of ORS 685.102 (1). The board shall return the biennial
registration fee to the person.
(2) After January 1 of any year, the board may issue a certificate
of biennial 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 registration fees for each year the
registration fee remains unpaid and a restoration fee of $75 for each
year the license remains revoked.
(3) If the person completes an approved program after January 1 to
meet the requirements of ORS 685.102 for the year beginning January 1,
such completion does not meet the requirements of ORS 685.102 for the
subsequent year. [1969 c.381 §3; 1973 c.182 §6; 1985 c.624 §11; 1997
c.629 §1] (1) The Board of
Naturopathic Examiners may offer a program of continuing education in
naturopathic medicine to meet the requirements of ORS 685.102. The board
may also approve a program to be presented by persons reasonably
qualified to do so.
(2) Any person seeking approval of a program of continuing
education in naturopathic medicine, to be offered to assist persons
holding licenses under this chapter to comply with the requirements of
ORS 685.102 (1), shall submit to the board, at such time as the board may
require, copies of courses of study to be offered and proof of such other
qualifications as the board may require. Approval granted to any program
of continuing education shall be reviewed periodically and approval may
be withdrawn from any program that fails to meet the requirements of the
board.
(3) Any program of continuing education in naturopathic medicine
offered or approved under this section shall consist of study covering
new, review, experimental, research and specialty subjects in the field
of naturopathic medicine. [1969 c.381 §4; 1985 c.624 §12] The Board of Naturopathic Examiners
may refuse to grant a license, may suspend or revoke a license, may limit
a license, may impose probation, may issue a letter of reprimand and may
impose a civil penalty not to exceed $1,000 for each offense for any of
the following reasons:
(1) The use of fraud or deception in securing a license.
(2) The impersonation of another physician.
(3) Practicing naturopathic medicine under an assumed name.
(4) The performance of an abortion.
(5) The conviction of a crime involving moral turpitude.
(6) Any other reason that renders the applicant or licensee unfit
to perform the duties of a naturopathic physician.
(7) Conviction of a crime relating to practice of naturopathic
medicine.
(8) Negligence related to the practice of naturopathic medicine.
(9) Habitual or excessive use of intoxicants, drugs or controlled
substances.
(10) Prescribing or dispensing drugs outside the scope of practice.
(11) Commitment to a mental institution for the treatment of a
mental disease that affects the ability of the applicant or licensee to
safely practice naturopathic medicine.
(12) Obtaining a fee through fraud or misrepresentation.
(13) Gross or repeated malpractice.
(14) Representing to a patient that a manifestly incurable
condition of sickness, disease or injury can be permanently cured.
(15) Any conduct or practice contrary to a recognized standard of
ethics of the profession or any conduct or practice that does or might
constitute a danger to the health or safety of a patient or the public or
any conduct, practice or condition that does or might impair a
physician’s ability safely and skillfully to practice naturopathic
medicine.
(16) Willful and consistent utilization of any naturopathic
service, X-ray equipment or treatment that is contrary to recognized
standards of practice of the naturopathic profession.
(17) Failure to notify the board within 30 days of a change in the
location of practice or of mailing address.
(18) Attempting to practice naturopathic medicine or practicing or
claiming to practice naturopathic medicine or any of its components in
this state without first complying with the provisions of this chapter.
(19) Suspension or revocation of a license to practice naturopathic
medicine in another jurisdiction.
(20) Employing unlicensed persons to practice naturopathic medicine.
(21) Practicing natural childbirth without first obtaining a
certificate of special competency.
(22) Representing that the licensee is a medical specialist or
practices a medical specialty.
(23) Failure to respond in a timely manner to a request for
information regarding a complaint or the investigation of a complaint by
the board.
(24) Failure to pay a civil penalty in the time specified by the
order imposing the penalty.
(25) Violation of any provision of this chapter or rules adopted by
the board. [Amended by 1953 c.555 §2; 1971 c.734 §132; 1985 c.624 §13;
1989 c.146 §3; 2001 c.526 §5; 2003 c.155 §1](1) Any information that the Board of Naturopathic Examiners
obtains under ORS 685.225 is confidential as provided under ORS 676.175.
(2) Any person who in good faith provides information to the board
shall not be subject to an action for civil damages as a result thereof.
[1989 c.438 §6; 1997 c.791 §38; 2001 c.526 §8] (1)
Where the Board of Naturopathic Examiners proposes to refuse to issue or
renew except for nonpayment of fees or nonsubmittal of continuing
education hours a license, or proposes to impose any of the sanctions set
forth in ORS 685.110, opportunity for hearing shall be accorded as
provided in ORS chapter 183.
(2) Promulgation of rules, conduct of hearings, issuance of orders
and judicial review of rules and orders shall be as provided in ORS
chapter 183. [1971 c.734 §134; 1985 c.624 §14](1) No naturopath shall practice natural childbirth without first
obtaining a certificate of special competency in natural childbirth in
accordance with the provisions of this section.
(2) Upon payment of the fee required under ORS 685.100, the Board
of Naturopathic Examiners shall issue a certificate of special competency
in natural childbirth to a licensed naturopath who meets the requirements
prescribed by the board to practice natural childbirth.
(3) The board may adopt rules applicable to specialty certification:
(a) Which establish education, training and qualifications
necessary for certification.
(b) Which limit or restrict specialty practice.
(c) Which define the scope of the specialty practice.
(d) Which establish procedures for maintaining certification.
(4) Only those naturopaths wishing to practice natural childbirth
shall be required to satisfy educational and examination standards in
these areas. [1985 c.624 §19; 1999 c.479 §3]FORMULARY(1) The Council on Naturopathic
Physicians Formulary is established and shall consist of seven members
appointed as follows:
(a) One member of the Board of Naturopathic Examiners appointed by
the Board of Naturopathic Examiners;
(b) One physician licensed by the Board of Naturopathic Examiners
appointed by the Board of Naturopathic Examiners;
(c) Two pharmacists licensed by the State Board of Pharmacy
appointed by the State Board of Pharmacy;
(d) One physician licensed by the Board of Medical Examiners for
the State of Oregon appointed by the Board of Medical Examiners for the
State of Oregon; and
(e) Two additional members appointed by the council who hold an
advanced degree in either pharmacology or pharmacognosy.
(2) The chair of the council shall be elected by a majority of the
members.
(3) The council established under subsection (1) of this section
shall determine the substances to be included in the formulary that may
be prescribed by a naturopathic physician acting under ORS 685.010 (3).
The council shall review the formulary periodically. Immediately upon
adoption or revision of the formulary, the council shall transmit the
approved formulary to the board which must adopt the formulary by rule.
When determined to be appropriate to the scope of practice of
naturopathic physicians, the Council on Naturopathic Physicians Formulary
may also consider synthetically produced substances and their salts
having an identical or substantially identical molecular structure to a
plant or animal substance as found in nature to be plant or animal
substances.
(4) The term of each member of the council shall be two years. A
member shall serve until a successor is appointed. If a vacancy occurs,
it shall be filled for the unexpired term by a person with the same
qualifications as a retiring member.
(5) Any member of the council who fails to attend two consecutive
meetings of the council whether regular or special shall forfeit office
unless a member is prevented from attending by serious illness of the
council member or a member of the council member’s family.
(6) Members of the council shall be entitled to compensation and
expenses under ORS 292.495 payable from funds available to the Board of
Naturopathic Examiners. [1989 c.945 §2 (1) to (6)]STATE BOARD
(1) There hereby is created the Board of Naturopathic Examiners in the
Department of Human Services. The board shall consist of seven members
appointed by the Governor for terms of three years commencing July 1, and
until their successors are appointed and qualified. A majority of the
members of the board constitutes a quorum. If there is a vacancy for any
cause, the Governor shall appoint a member to serve for the remainder of
the unexpired term. All appointments of members of the board by the
Governor are subject to confirmation by the Senate in the manner provided
in ORS 171.562 and 171.565.
(2) Of the membership of the Board of Naturopathic Examiners:
(a) All members must be citizens of this state.
(b) Five members shall be naturopaths who have each practiced
continuously in this state for the five years immediately prior to the
date of appointment.
(c) Two shall be members of the general public who do not possess
the qualifications set forth in paragraph (b) of this subsection.
(3) The board shall carry into effect the provisions of this
chapter and is authorized to issue licenses to practice naturopathic
medicine in this state. The possession of a common seal by the board
hereby is authorized. [Amended by 1971 c.650 §34; 1973 c.792 §40; 1985
c.624 §15; 2003 c.156 §1] Annually the Board of
Naturopathic Examiners shall elect one of its members chair. The chair
shall have power during the term of office to summon witnesses,
administer oaths and to take testimony and affidavits. The staff of the
board shall keep a record of all actions of the board, including a
detailed register of applicants for license. The board may employ or
appoint a person to act as staff to the board and perform such duties and
functions as may be prescribed by the board. [Amended by 1973 c.829 §68;
1983 c.281 §3; 2003 c.154 §6] A member is
entitled to compensation and expenses as provided in ORS 292.495.
[Amended by 1967 c.44 §3; 1969 c.314 §86; 1987 c.158 §143]For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Board of Naturopathic
Examiners may require the fingerprints of a person who:
(1) Is employed or applying for employment by the board in a
position in which the person has or will have access to information that
is made confidential under state or federal laws, rules or regulations;
(2) Provides services or seeks to provide services to the board as
a contractor, vendor or volunteer in a position in which the person has
or will have access to information that is made confidential under state
or federal laws, rules or regulations;
(3) Is applying for a license or certificate that is issued by the
board;
(4) Is applying for renewal of a license or certificate that is
issued by the board; or
(5) Is under investigation by the board. [2005 c.730 §58]Note: 685.195 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 685 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.The Board of Naturopathic Examiners Account is established in
the State Treasury, separate and distinct from the General Fund. All
moneys received by the Board of Naturopathic Examiners under this chapter
shall be deposited into the account and are continuously appropriated to
the board to be used only for the administration and enforcement of this
chapter. Any interest or other income from moneys in the account shall be
credited to the account. [1973 c.427 §29 (enacted in lieu of 685.200);
2005 c.726 §6]PEER REVIEW(1) The Board of Naturopathic Examiners shall
appoint a peer review committee consisting of five members. The peer
review committee shall evaluate complaints against naturopathic
physicians which are referred to it by the board, and make
recommendations to the board regarding those complaints. The board
exercises ultimate authority and control over all complaints considered
by the committee, approving or disapproving the recommendations of the
committee.
(2) The members of a peer review committee shall be appointed from
among those in the profession who are in active practice with five or
more years of practice experience. Members shall be representative of
affiliated and nonaffiliated naturopathic physicians and representative
of various aspects of the practice of naturopathic medicine. To be
appointed a member must receive at least four votes from members of the
state board. Members shall each serve two-year terms. No member may serve
more than two consecutive terms.
(3) The peer review process shall be governed by rules of the board
adopted pursuant to ORS chapter 183. The board shall provide appropriate
training for members of peer review committees. The board by rule shall
provide for a program of active supervision by the board over the conduct
of the peer review committee to determine whether it comports with state
regulatory policy and to correct abuses, if any.
(4) Members of a peer review committee acting pursuant to this
section are agents of the board for purposes of ORS 30.260 to 30.300.
(5) Peer review shall not be used to replace independent medical
examinations.
(6) Any information provided to a peer review committee in the
performance of its duties is confidential and shall not be subject to
public disclosure or admissible as evidence in any judicial proceeding,
except that as a part of a peer review report, this information may be
disclosed to the board and the person being reviewed.
(7) Any person who reports or provides information to a peer review
committee in the performance of its duties and who provides information
in good faith shall not be subject to an action for civil damages as a
result thereof.
(8) Upon receipt of a complaint under this chapter, the peer review
committee shall conduct an investigation as described under ORS 676.165.
[1989 c.146 §2; 1989 c.575 §5; 1997 c.791 §39; 2001 c.526 §9]ENFORCEMENT (1) The district attorneys of
the state shall prosecute all persons charged with violation of any of
the provisions of this chapter.
(2) Justice courts, municipal courts and circuit courts have
concurrent jurisdiction for the prosecution of offenses under this
chapter.
(3) The Board of Naturopathic Examiners, in its own name, may
maintain an action for an injunction against any person violating ORS
685.020. A person who has been so enjoined may be punished for contempt
by the court issuing the injunction. An injunction may be issued without
proof of actual damage sustained by any person. An injunction does not
relieve a person from criminal prosecution for violation of ORS 685.020
or from any other civil, criminal or disciplinary remedy. [Amended by
1985 c.624 §16; 2005 c.215 §1](1) Any Board of Naturopathic
Examiners licensee shall, and any other person may, report to the board
any suspected violation of the provisions of this chapter.
(2) Information pertaining to the report required by subsection (1)
of this section shall remain confidential and not be subject to public
disclosure.
(3) Any person who reports or provides information to the board
under this section in good faith shall not be subject to an action for
civil damages as a result thereof. [1985 c.624 §20](1) Upon the complaint of any citizen of this state, or upon
its own motion, the Board of Naturopathic Examiners may investigate any
alleged violation of this chapter.
(2) In the conduct of investigations, the board may:
(a) Take evidence;
(b) Take the depositions of witnesses, including the person
charged, in the manner provided by law in civil cases;
(c) Compel the appearance of witnesses, including the person
charged, before the board in person the same as in civil cases;
(d) Require answers to interrogatories; and
(e) Compel the production of books, papers, accounts, documents and
testimony pertaining to the matter under investigation.
(3) In exercising its authority under subsection (2) of this
section, the board may issue subpoenas over the signature of the board
chairperson and the seal of the board in the name of the State of Oregon.
[1989 c.843 §12]PENALTIES (1) Violation of any provision of this chapter
is a Class A misdemeanor.
(2)(a) In addition to any other sanctions authorized by law, the
Board of Naturopathic Examiners may impose a civil penalty not to exceed
$5,000 for each violation of any provision of this chapter, or of any
rule adopted by the board.
(b) Civil penalties imposed under this subsection shall be imposed
as provided in ORS 183.745. [Amended by 1999 c.1051 §218; 2005 c.215 §2]
_______________
|
|
|
|
