CHAPTER 850 OREGON ADMINISTRATIVE RULES 2020 EDITION Flashcards
DIVISION 1
PROCEDURAL RULES
850-001-0000
Notice of Rulemaking 1-4
850-001-0000
Notice of Rulemaking
Before the adoption, amendment, or repeal of any rule relating to the practice of naturopathic medicine, with the exception of temporary rules, the Board will give notice of the intended action:
(1) In the Secretary of State’s Bulletin referred to in ORS 183.360, at least 21 days before the effective date of the rule.
(2) By mailing or delivering copies of the notice to at least 28 days before the effective date, to persons who have requested notice pursuant to 183.335(8).
(3) By mailing copies of the notice to the Associated Press and the Capitol Press; and
(4) At least 49 days before the effective date, to the legislators specified in ORS 183.335(15).
DIVISION 1
PROCEDURAL RULES
850-001-0005
Model Rules of Practice and Procedure
The Model Rules of Practice and Procedure promulgated by the Attorney General of the State of Oregon under the Administrative Procedure Act are by this reference adopted as the rules of procedure of the Board of Naturopathic Medicine.
[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney
General or the Board of Naturopathic Medicine.]
DIVISION 1
PROCEDURAL RULES
Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases
In addition to the notice requirements under the Attorney General’s Model Rules of Procedure adopted under OAR 850- 001-0005, the notice to parties in contested cases may include the statement that an answer to the assertions or charges will be required, and if so, the consequence of failure to answer may be satisfied by enclosing a copy of OAR 850-001-
0015 with the notice.
DIVISION 1
PROCEDURAL RULES
Hearing Request and Answers: Consequences of Failure to Answer (1-3)
(1) A hearing request shall be made in writing to the board by the party or the parties’ attorney.
(2) An answer, when required, shall be made in writing to the board by the party or the parties’ attorney. The answer shall include the following:
(a) An admission or denial of each factual matter alleged in the notice; and
(b) A short and plain statement of each relevant affirmative defense the party may have.
(3) An answer filed in section (2) may be amended at any time up to 28 days before any scheduled hearing.
DIVISION 5
ADMINISTRATION OF THE BOARD
850-005-0175
Board Terms
The term for each member of the Board will be three years, with no more than three Board member terms expiring in the same year.
DIVISION 5
ADMINISTRATION OF THE BOARD
850-005-0190
Board Member Compensation
(1-3)
(1) Board members of the Oregon Board of Naturopathic Medicine, who are authorized by law to receive compensation for time spent in the performance of their official duties, will receive a payment of $200 for each day or portion thereof during which the member is actually engaged in the performance of official duties. If the hours engaged in the official duty is less than 3 hours, payment will be $60 for the day. This compensation amount will be in addition to any eligible reimbursement of travel expenses.
(2) Board members and employees of the Board are authorized to receive actual and necessary travel or other expenses actually incurred in the performance of their official duties as determined by the Board. Mileage reimbursement will be provided at the rate established by the Internal Revenue Service for privately owned vehicles.
(3) No Board member will be required to accept compensation or reimbursement of travel expenses while performing
their official duties as a Board member.
DIVISION 10
GENERAL
850-010-0005
Definitions
(1) “Board” means
(2) “Diagnosis”
(3) “Direct Supervision”
(4) “Food”
(5) “Lesion”
(6) “Naturopathy” or “Naturopathic Medicine” is defined
(7) “Non-Poisonous Plant Substance” is
(8) “Patient” means
(9) “Plant Substances” are
(10) “Poisonous Plant Substances”
(11) “Prescription” is
(12) “Preventive” as
(13) “Superficial” as
Definitions
As used in OAR 850-010-0010 to 850-060-0226 unless otherwise required by context:
(1) “Board” means Oregon State Board of Naturopathic Medicine.
(2) “Diagnosis” is a determination by a licensed naturopathic physician of the nature and etiology of a disease by the use of all recognized and accepted physical and laboratory examinations, which includes the drawing of blood and taking specimens of body fluids and tissues for microscopic and chemical analysis.
(3) “Direct Supervision” means that a licensed Naturopathic physician is physically present in the clinic, is monitoring and directly responsible for activities of supervised person, and is available to intervene if necessary.
(4) “Food” is any organic substance taken into the body which helps maintain life, builds or repairs tissue, and sustains growth. This includes the use of enzymes, minerals, vitamins (either in trace amounts or megodoses) and any food products or extracts however processed, refined, or concentrated.
(5) “Lesion” refers to any pathological or traumatic change to human tissue or impairment of a bodily function.
(6) “Naturopathy” or “Naturopathic Medicine” is defined as a system of diagnosing and treating the human body and maintaining or restoring it to a state of normal health, as defined in ORS Chapter 685, and in such other sections thereof as may apply.
(7) “Non-Poisonous Plant Substance” is any plant substance, taken in accepted therapeutic dosages, which would not, by its action on organs or tissue, seriously impair function or destroy life.
(8) “Patient” means any person who is examined, treated, or otherwise provided naturopathic medical services, whether or not the person has entered into a physician-patient relationship or has agreed to pay a fee for services.
(9) “Plant Substances” are those substances found in nature which impart therapeutic or medicinal properties and are used as medicines or as ingredients in medicines. They comprise the whole plant, herbs, anatomical parts, saps, extracts, secretions, and other constituents thereof. Their natural state may be altered by any mechanical, physical, or chemical process
(10) “Poisonous Plant Substances” The Board considers any of the following to be poisonous plant substances: Coniine, Delphinine, Muscarine, Oleandrin, and Strychnine.
(11) “Prescription” is a written or verbal order for the prescribing or dispensing of non-poisonous plant substances as taught in approved schools and given in standard medical dosages. Naturopathic physicians shall be allowed to prescribe and dispense non-poisonous plant substances.
(12) “Preventive” as used in ORS 685 and OAR 850, is defined as the branch of medicine concerned with preventing the occurrence of both mental and physical illness and disease. Preventive medicine encompasses preventing the development of disease in a susceptible or potentially susceptible population including general promotion of health and specific protection such as immunization; early diagnosis and prompt therapy to shorten duration of illness, reduce the severity of disease, reduce the possibility of contagion, and limit sequelae;
(13) “Superficial” as used in ORS 685.010(4) Minor Surgery refers to lacerations, abrasions, benign lesions, foreign bodies and wounds which involve the skin, mucosa, and subcutaneous tissue to a depth of the deep superficial fascia, and
which do not involve vital deep structure such as major nerves, major tendons, major blood vessels and bone or viscera.
DIVISION 10
GENERAL
850-010-0100
Mode of Remittance
(1) The remittance of any application fee, license fee, or yearly renewal fee shall be made by postal money order, postal certificates, express money order, bank draft, or certified check.
(2) The Secretary shall be under no obligation to accept personal checks; however, he may accept them subject to collection only.
DIVISION 10
GENERAL
850-010-0160
State Industrial Accident Cases
Naturopathic physicians may accept injured workers who are employed under the provisions of the State Industrial
Accident Commission, in conformance with the Workers’ Compensation Law and the rules of committee.
DIVISION 10
GENERAL
850-010-0170
State Welfare Cases
Naturopathic physicians may accept welfare cases under the medical plan adopted by the Welfare Commission, April 26,
1946.
DIVISION 10
GENERAL
850-010-0180
Standards
It shall be the object of the Board to foster higher professional standards as rapidly as is consistent with the best interests
of the profession, and in this, it shall not be swayed or influenced by any school or other interests whatsoever.
DIVISION 20
APPROVAL OF NATUROPATHIC SCHOOLS OF MEDICINE
850-020-0000
Scope and Purpose 1-2
(1) ORS 685.060 requires that one of the minimum educational requirements for licensure to practice naturopathic medicine in Oregon is graduation from a naturopathic school or college approved by the State Board of Naturopathic Medicine which teaches adequate courses in all subjects necessary to the practice of naturopathic medicine. The statute also specifies required subjects and subjects which the Board may not require, and permits the Board to require other subjects at its discretion.
(2) The Board of Naturopathic Medicine approves schools of naturopathic medicine that have met the accreditation standards of the Council on Naturopathic Medical Education (CNME) and meets the standards of ORS 685.060 and any
rules promulgated by the Board.
DIVISION 20
APPROVAL OF NATUROPATHIC SCHOOLS OF MEDICINE
850-020-0005
Exercise of Board Authority 1-2
(1) The Board retains its authority to review any school for approval even if it has met the standards of the CNME, other Board approved regional accrediting bodies, or both.
(2) The Board may revoke the approval of a school if it fails to meet the standards of the CNME, other Board approved
accrediting bodies, or the Board.
DIVISION 20
APPROVAL OF NATUROPATHIC SCHOOLS OF MEDICINE
850-020-0020
Standards (1 A-L, 2)
(1) The criteria used by the Board in considering a naturopathic college’s application for approval shall include, but not be limited to the following:
(a) Program’s mission and objectives;
(b) Organization and administration;
(c) Finances;
(d) Faculty;
(e) Student Services;
(f) Core Curriculum;
(g) Clinical education;
(h) Continuing education and Certification programs;
(i) Library and Information resources;
(j) Research; and
(k) Physical resources.
(l) The Board may request any additional information it feels pertinent to qualifying a school of naturopathic medicine.
(2) When appropriate, the Board will evaluate the criteria to ensure that the college is financially stable and that the college has resources and will produce a curriculum and level of instruction that should produce graduates who are
competent to practice naturopathic medicine in Oregon.
DIVISION 20
APPROVAL OF NATUROPATHIC SCHOOLS OF MEDICINE
850-020-0025
Review Procedures
(1) The Board may acknowledge the adequacy of accreditation by the Council on Naturopathic Medical Education, the Council on Higher Education Accreditation or other accrediting agency approved by resolution of the Board.
(2) Final action for approval by the Board may be held open to the public and the applicant college will be invited to attend.
DIVISION 20
APPROVAL OF NATUROPATHIC SCHOOLS OF MEDICINE
850-020-0030
Revocation of Approval
Approval obtained under ORS 685.060 may be revoked for proper cause by the Board at its discretion, after a hearing.
Such hearing shall be held in accordance to Model Rules of Procedure applicable to contested cases.
DIVISION 30 LICENSURE
850-030-0010
Oregon Jurisprudence Examination Application Requirements 1-3
(1) Oregon Jurisprudence Examination is offered two times each year, customarily in February and August.
(2) An applicant must complete and submit the following:
(a) Oregon Jurisprudence Examination application, furnished by the Board.
(b) Certified transcripts from a school of naturopathic medicine accredited by the Council of Naturopathic Medical Education (CNME); satisfying the minimum educational requirements for licensure per ORS 685.060
(3) Payment of non-refundable examination fee per OAR 850-030-0035.