ORS Chapter 685
.Chapter 685 — Naturopaths
2009 EDITION
NATUROPATHS
OCCUPATIONSAND PROFESSIONS
GENERALPROVISIONS
685.010 Definitions
685.020 Licenserequired to practice naturopathic medicine; use of certain titles andabbreviations; license exemption for students
685.030 Applicationof chapter
685.040 Applicationof health laws
685.050 Executionof birth and death certificates
685.055 Discriminationby Director of Oregon Health Authority against naturopathic physiciansprohibited
LICENSING
685.060 Minimumeducational requirements for license; rules
685.070 Applicationfor examination; fee
685.080 Examinationand reexamination of applicants; rules; issuing license
685.085 Reciprocallicense
685.091 Exemptionfrom licensure requirement
685.100 Licensecertificate; renewal of license; rules; fees; inactive license
685.102 Continuingeducation required; exemptions; rules
685.104 Effectof failure to comply with ORS 685.102; fees; reissuance of registration
685.106 Approvalof continuing education programs
685.110 Groundsfor discipline; penalties
685.112 Voluntarylimitation on license; removal; limitations
685.115 Confidentialinformation; liability of person providing information
685.125 Disciplineprocedure; rules
685.135 Certificateof special competency in natural childbirth; rules; fee
FORMULARY
685.145 Councilon Naturopathic Physicians Formulary; members; duties; compensation andexpenses; rules
STATEBOARD
685.160 OregonBoard of Naturopathic Medicine
685.170 Chairof board; powers; records
685.190 Compensationand expenses of board members
685.195 Authorityof Oregon Board of Naturopathic Medicine to require fingerprints
685.201 OregonBoard of Naturopathic Medicine Account; disposition of receipts
PEERREVIEW
685.205 Peerreview committee; duties; members; board responsibilities; confidentiality;limitation on liability; investigation; rules
ENFORCEMENT
685.210 Enforcement;jurisdiction
685.220 Reportof suspected violation; confidentiality of violation report information;liability of supplier
685.222 Dutyto report prohibited conduct
685.225 Investigationof complaints and alleged violations; subpoenas
PENALTIES
685.990 Penalties
GENERALPROVISIONS
685.010Definitions.As used in this chapter:
(1)“Accredited naturopathic school or college” means any naturopathic school orcollege offering a four-year full-time resident program of study in naturopathyleading to a doctoral degree in naturopathic medicine, such program having beenapproved by the Oregon Board of Naturopathic Medicine to meet the standardsspecifically incorporated into board rules.
(2)“Drugs” includes:
(a)Substances recognized as drugs in the official United States Pharmacopoeia,official National Formulary, official Homeopathic Pharmacopoeia of the UnitedStates, other drug compendium or any supplement to any of them;
(b)Substances intended for use in the diagnosis, cure, mitigation, treatment orprevention of disease in a human;
(c)Substances, other than food, intended to affect the structure or any functionof the body of humans; and
(d)Substances intended for use as a component of any substance specified inparagraph (a), (b) or (c) of this subsection.
(3)“Minor surgery” means the use of electrical or other methods for the surgicalrepair and care incident thereto of superficial lacerations and abrasions,benign superficial lesions, and the removal of foreign bodies located in thesuperficial structures; and the use of antiseptics and local anesthetics inconnection therewith.
(4)“Naturopathic medicine” means the discipline that includes physiotherapy,natural healing processes and minor surgery and has as its objective themaintaining of the body in, or of restoring it to, a state of normal health.
(5)“Naturopathic physician” means a person who holds a degree of Doctor ofNaturopathic Medicine and is licensed under this chapter. [Amended by 1953c.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; 2007 c.434 §1; 2009 c.43 §11; 2009 c.420 §1]
685.020License required to practice naturopathic medicine; use of certain titles andabbreviations; license exemption for students. (1) Except asprovided in subsection (3) of this section, no person shall practice, attemptto practice, or claim to practice naturopathic medicine in this state withoutfirst 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 thephysician who uses them practices anything other than naturopathic medicine.
(3)Subsection (1) of this section does not apply to a bona fide student ofnaturopathic medicine who, during the period of the student’s enrollment and aspart of a doctoral course of study in an Oregon accredited naturopathiceducational institution, engages in clinical training under the supervision ofinstitution faculty, if the clinical training facility and level of supervisionmeet the standards adopted by the Oregon Board of Naturopathic Medicine byrule. [Amended by 1997 c.560 §1; 2001 c.526 §1; 2009 c.43 §12]
685.030Application of chapter. (1) This chapter does not apply to any:
(a)Physician licensed by the Oregon Medical Board to practice medicine, osteopathyor podiatry;
(b)Chiropractor licensed by the State Board of Chiropractic Examiners; or
(c)Christian Scientist or other person who by religious or spiritual meansendeavors to prevent or cure disease or suffering in accord with the tenets ofany 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 restorationmeasures consistent with generally recognized and accepted principles ofnaturopathic medicine, including but not limited to:
(a)Administering, dispensing or writing prescriptions for drugs;
(b)Recommending the use of specific and appropriate over-the-counterpharmaceuticals;
(c)Administering anesthetics or antiseptics in connection with minor surgery asdefined in ORS 685.010;
(d)Ordering diagnostic tests;
(e)Using radiopaque substances administered by mouth or rectum necessary forRoentgen diagnostic purposes; or
(f)Administering substances by penetration of the skin or mucous membrane of thehuman body for diagnostic, preventive or therapeutic purposes. The Oregon Boardof Naturopathic Medicine may adopt by rule appropriate procedures foradministering substances under this paragraph. [Amended by 1953 c.557 §4; 1985c.624 §4; 1989 c.575 §4; 1989 c.945 §5; 1993 c.55 §1; 1993 c.469 §10; 2001c.526 §2; 2009 c.43 §37; 2009 c.420 §2]
685.040Application of health laws. Licensees under this chapter shall observe and aresubject to all state, county and municipal laws and regulations relating topublic health. [Amended by 2001 c.526 §6]
685.050Execution of birth and death certificates. Licensees under this chapter areauthorized to sign birth and death certificates. Such certificates so signed shallbe accepted as fulfilling all the requirements of the laws dealing with suchcertificates. [Amended by 2001 c.526 §7]
685.055Discrimination by Director of Oregon Health Authority against naturopathicphysicians prohibited. The Director of the Oregon Health Authority may notdiscriminate between licensed naturopathic physicians and any other personauthorized by law to render professional services that a licensed naturopathicphysician may render, when such services are required. If the Oregon HealthAuthority is responsible for paying for such services, the services shall bepaid for in the same manner and under the same standards as similarprofessional services. [1993 c.366 §2; 2001 c.900 §215; 2009 c.595 §1090]
LICENSING
685.060Minimum educational requirements for license; rules. (1) The minimumeducational requirements for a license under the provisions of this chapterare:
(a)At least two years’ satisfactory liberal arts and sciences study, or either, ina college or university accredited by either the Northwest Association ofSchools and Colleges or a like regional association or in a college oruniversity in Oregon approved for granting degrees by the Oregon StudentAssistance Commission as evidenced by certificate or transcript of credits fromthe college or university; and
(b)Graduation from an accredited naturopathic school or college.
(2)(a)The areas of study required of an applicant for a license to practicenaturopathic medicine in this state include basic sciences, clinical sciencesand any naturopathic subjects specified by the Oregon Board of NaturopathicMedicine by rule.
(b)The board may not include major surgery as a required area of study underparagraph (a) of this subsection. [Amended by 1953 c.557 §4; 1969 c.381 §5; 1985c.624 §5; 1989 c.575 §2; 1997 c.652 §42; 2003 c.154 §2; 2007 c.327 §1; 2009c.43 §13]
685.070Application for examination; fee. Any person who wishes to practicenaturopathic medicine in this state shall make application to the Oregon Boardof Naturopathic Medicine for an examination for a license to practicenaturopathic medicine. The application shall be filed with the board not lessthan 20 days before the date of the examination upon blanks provided by theboard. The applicant shall pay to the board the appropriate nonrefundableexamination fee. [Amended by 1983 c.281 §1; 1985 c.624 §6; 2007 c.327 §2; 2009c.43 §14]
685.080Examination and reexamination of applicants; rules; issuing license. (1) Anapplicant for licensure under this chapter shall:
(a)Provide evidence satisfactory to the Oregon Board of Naturopathic Medicine ofhaving successfully passed the basic science and the core clinical scienceexaminations administered by the North American Board of NaturopathicExaminers; and
(b)Pass any additional examinations required for licensure by the Oregon Board ofNaturopathic Medicine by rule.
(2)Notwithstanding subsection (1)(a) of this section, the board may waive thebasic science examination requirement for licensure for an applicant who isqualified in basic science as a result of successful performance on anexamination determined by the board to be comparable to the basic scienceexamination required under subsection (1)(a) of this section and to have beentaken 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 shalltake any examinations required by the board by rule. The board shall publishthe time and place of the examinations at least 30 days prior to the date ofthe examinations.
(4)If the applicant passes the required examinations and satisfies all otherrequirements for licensure under this chapter, upon payment of the initiallicense fee assessed under ORS 685.100, the board shall issue to the applicanta license to practice naturopathic medicine.
(5)If an applicant fails to pass either the basic science or core clinical sciencesection of the examination, or fails to pass the sections of the examinationcovering those subjects required by the board by rule, then without losingcredits for sections passed, the applicant may retake each section a total oftwo times within a period of two years. If, after three attempts, the applicanthas not passed the basic science or core clinical science section of theexamination, the applicant shall be required to wait one year to retake thesection. [Amended by 1985 c.624 §7; 1989 c.575 §3; 2007 c.327 §3; 2009 c.43 §15]
685.085Reciprocal license.A person licensed to practice naturopathic medicine under the laws of anotherstate or territory of the United States, the District of Columbia or Canada whodemonstrates to the satisfaction of the Oregon Board of Naturopathic Medicinethat the person possesses qualifications at least equal to those required ofpersons eligible for licensing under this chapter may be issued a license topractice in this state without written examination upon payment of the licensefee required under ORS 685.100. [1973 c.469 §2; 2001 c.526 §3; 2009 c.43 §16]
685.090 [Repealed by1985 c.624 §21]
685.091Exemption from licensure requirement. (1) A naturopathic physician licensedto practice naturopathic medicine under the laws of another jurisdiction withlicensing requirements and a scope of practice found to be comparable to thosefor this state by the Oregon Board of Naturopathic Medicine may be exemptedfrom the licensure requirement in ORS 685.020 if that physician:
(a)Is practicing in Oregon on a temporary assignment for specific educationalevents not to exceed 15 days in a calendar year; and
(b)Is actively engaged in the practice of naturopathic medicine in thejurisdiction in which the person is licensed.
(2)A naturopathic physician granted an exemption under subsection (1) of thissection:
(a)Must comply with the provisions of this chapter and rules adopted by the boardgoverning the practice of naturopathic medicine; and
(b)Is subject to the disciplinary authority of the board under ORS 685.110 for anyviolation of the provisions of this chapter and of rules adopted by the board.
(3)The board may refuse to grant or may revoke an exemption of a naturopathicphysician for a violation of the provisions of this chapter or of rules adoptedby the board. [2007 c.427 §3; 2009 c.43 §17]
Note: 685.091 was addedto and made a part of ORS chapter 685 by legislative action but was not addedto any smaller series therein. See Preface to Oregon Revised Statutes forfurther explanation.
685.100License certificate; renewal of license; rules; fees; inactive license. (1) Uponapproval of an application for a licensure, the Oregon Board of NaturopathicMedicine shall issue a license certificate that shall be displayed at all timesin 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 theboard for license renewal. A completed renewal application consists of:
(a)A completed board renewal form containing any information required by the boardto 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 active license renewal fee established by the board undersubsection (8) of this section.
(3)Failure to submit a completed renewal application annually by December 31, orby such date as may be specified by board rule, results in the lapse of thelicense. A lapsed license may be restored by the board upon receipt, not morethan 30 days after the license lapses, of a completed renewal application andpayment 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 boardupon payment of the restoration fee established by the board and submission ofa completed renewal application and any other information required by theboard.
(5)A person holding an active license under this chapter may convert the licenseto inactive status by meeting the requirements set by rule of the board andpaying any required fees. A person holding a license issued under this chapterwho is at least 70 years of age and retired from the practice of naturopathicmedicine may convert the license to retired status by meeting the requirementsset 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 writtenapplication to reactivate a license that has been inactive for one year or lessby paying the restoration fee and the renewal fee for an active license anddemonstrating compliance with ORS 685.102. A fee paid to place the license ininactive status may not be credited toward payment of the renewal fee for anactive license. The board may prorate the renewal fee.
(b)A person who chooses to allow a license to become inactive may file a writtenapplication to reactivate a license that has been inactive for more than oneyear by paying the renewal fee for an active license and demonstratingcompliance with the continuing education requirement set by rule of the boardunder ORS 685.102 (6). The board may prorate the renewal fee.
(7)The executive director of the board shall issue a renewal notice to each personholding a license under this chapter at least 60 days before the renewalapplication is due.
(8)The board shall assess fees for:
(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 Servicesand a report to the Emergency Board prior to adopting the fees and charges, thefees and charges established under this section may not exceed the cost ofadministering the regulatory program of the board pertaining to the purpose forwhich the fee or charge is established, as authorized by the LegislativeAssembly within the board’s budget, as the budget may be modified by theEmergency Board. [Amended by 1967 c.44 §2; 1969 c.26 §2; 1969 c.381 §6; 1973c.182 §5; 1983 c.281 §2; 1985 c.624 §9; 1991 c.703 §28; 1997 c.628 §1; 1999c.479 §1; 2001 c.526 §4; 2003 c.154 §3; 2007 c.327 §4; 2007 c.768 §48a; 2009c.43 §18]