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.
DIVISION 30 LICENSURE
850-030-0020
Application for Licensure to Practice Naturopathic Medicine 1-3
(1) An applicant for licensure must complete and submit all of the following:
(a) Licensure application, furnished by the Board;
(b) National criminal record check per ORS 685.195 and OAR 850-030-0030
(c) Proof of passage required NPLEX examinations:
* Part I (Biomedical Science);
* Part II (Core Clinical Science),
* **Part II (Clinical Elective Minor Surgery) and
* **Part II (Clinical Elective Pharmacology) within seven (7) years of application.
(2) Proof of passage of Oregon Jurisprudence Examination within three (3) years of application
(3) Payment of the non-refundable licensure application fee under OAR 850-030-0035
DIVISION 30 LICENSURE
850-030-0030
Applicant Fitness for Licensure
(1) The purpose of this rule is to provide for the reasonable screening of applicants for licensure and of individuals subject to investigation by the Board in order to determine if they have a history of criminal conviction, civil liability, or regulatory violations such that they are not fit to be granted or retain a license or registration issued by the Board. In this rule, “applicant” refers to applicants for licensure or renewal of a license and individuals subject to an investigation by the Board.
(2) Criminal records checks and fitness determinations are conducted according to ORS 181A.170 to 181A.215, ORS 670.280, ORS 676.303, and OAR 125-007-0200 to 125-007-0310.
(a) The Board may request that the Oregon State Police conduct a state and nationwide criminal records check, using fingerprint identification of subject individuals.
(b) The Board may conduct state criminal records checks on subject individuals and any licensee through the Law Enforcement Data System maintained by the Oregon State Police in accordance with rules adopted, and procedures established, by the Oregon State Police.
(c) Criminal history information obtained from the Law Enforcement Data System must be handled in accordance with ORS Chapter 181A, OAR 257-010 to 257-015 and applicable Oregon State Police procedures.
(3) The applicant must disclose all regulatory violations, arrests, charges, and convictions regardless of the outcome or date of occurrence. Disclosure includes any military or criminal records.
(4) The Board may require additional information from the applicant such as, but not limited to, proof of identity, previous names, residential history, pending regulatory, civil or criminal investigations or allegations, or additional criminal, judicial or other background information.
(5) The Board may deny licensure based on conduct that is not undertaken directly in the course of the licensed activity but that is substantially related to the fitness and ability of the applicant to engage in the activity for which the license is required. Notwithstanding ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction), to determine fitness for licensure the Board will consider whether the applicant has a(n):
(a) Impairment as defined in ORS 676.303 (Purposes of health professional regulatory boards);
(b) Conviction of a felony or misdemeanor relating to intoxicants or controlled substances;
(c) Conviction of a felony or misdemeanor involving moral turpitude;
(d) Conviction of a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) or has been convicted in another state or jurisdiction of a crime that is substantially equivalent to a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).
(e) Conviction of a felony or misdemeanor involving dishonesty or false statement;
(f) Civil liability, regulatory violation for involving dishonesty, false statement, fraud or intentional misrepresentation;
(g) Criminal conviction, civil liability, regulatory violation for unethical or unprofessional conduct;
(h) Criminal conviction, civil liability or regulatory violation for conduct or practice that constitutes a danger to the health or safety of a patient or the public, or conduct, practice or a condition that adversely affects a Naturopathic Physician’s ability to practice Naturopathic Medicine safely and skillfully;
(i) Criminal conviction, civil liability or regulatory violation for practicing or attempting to practice medicine without being licensed to do so;
(6) In determining fitness for licensure, the Board may consider intervening circumstances relevant to the responsibilities and circumstances of the applicant. Intervening circumstances include but are not limited to:
(a) The passage of time since the conviction, finding of civil liability, or regulatory violation;
(b) The age of the subject individual at the time of the conviction, finding of civil liability, or regulatory violation;
(c) The subsequent conviction of another relevant crime, finding of civil liability, or regulatory violation; and
(d) The recommendation of an employer.
(7) Under no circumstances shall an applicant be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 to 419A.262.
(8) Under no circumstances shall an applicant be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225.
(9) Information obtained from the Oregon State Police or the Federal Bureau of Investigation is confidential. Dissemination of information received under this rule may only be made to people with a demonstrated and legitimate need to know the information. When the information is part of the investigation of an applicant or licensee, it is governed by ORS 676.175. Any fingerprint cards used to conduct a check shall be destroyed by either the Federal Bureau of Investigation or the Oregon State Police as specified in ORS 181A.195.
(10) The Board will permit the subject individual for whom a fingerprint-based criminal records check was conducted to inspect the individual’s own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual’s own state and national criminal offender records.
(11) If an applicant or licensee is denied a license or is otherwise subject to discipline by the Board, they are entitled to a contested case hearing pursuant to ORS 183.413 to 470.
(12) A challenge to the accuracy or completeness of information provided by the Oregon State Police, Federal Bureau of Investigation and gencies reporting information must be made through the Oregon State Police, Federal Bureau of Investigation or reporting agency and not through the contested case process.
(13) An applicant may make a request for re-evaluation following correction. If the subject individual successfully contests the accuracy or completeness of information provided by the Oregon State Police, the Federal Bureau of Investigation or other agency reporting information to the Board, the Board will conduct a new criminal history check and re-evaluate the criminal history upon submission of a new criminal history request form.
(14) The applicant or licensee must pay a criminal records check fee for the actual cost of acquiring and furnishing the criminal offender information.
DIVISION 30 LICENSURE
850-030-0035
Fees for Licensure, Examination and Certification
Lots of fees (lol)
(1) Fees schedule:
(a) Oregon Jurisprudence Examination; $150
(b) Criminal record check; $50
(c) License to practice naturopathic medicine (including reciprocity); $300, pro-rated according to receipt of application:
(A) Applications received January 1 through March 31, $300;
(B) Applications received April 1 through June 30, $225;
(C) Applications received July 1 through September 30, $150; and
(D) Applications received October 1 through December 31, $75.
(d) Annual license renewal fee for an active license; $300.
(e) Annual license renewal fee for an inactive license; $140.
(f) Annual license renewal fee for a retired license; $15
(g) Annual Prescription Drug Monitoring Program (PDMP) fee $25;
(h) Annual fee Oregon Workforce Database for active and inactive licenses; $2;
(i) Change of status:
(A) Active license to inactive license; $140.
(B) Inactive license to active; $300
(C) Inactive or active license to a retired license; $15.
(D) Lapsed license restoration fee; $150
(j) Natural Childbirth Certification and renewal; $60.
(k) Duplicate license; $25;
(l) Wall certificate; $25;
(m) Alternate site examination packet; $40 or current rate for the secure overnight mailing of examinations; (n) Mailing list of licensees; $50;
(o) Copies of public documents; $15 for the first ten single-sided pages and 10 cents per page hereafter.
(2) All Board fees and fines are non-refundable.
DIVISION 30 LICENSURE
850-030-0055
Practice in Oregon by Out-of-State Naturopathic Physicians In the Event of an Emergency (1-5)
(1) In the event of a disaster emergency declared by the Governor of Oregon, the Board of Naturopathic Medicine shall allow naturopathic physicians licensed in another state to provide medical care in Oregon under special provisions during the period of the declared disaster emergency, subject to such limitations and conditions as the Governor may prescribe.
(2) The out-of-state physician shall submit to the Board the following information:
(a) Verification of a permanent, current, and unrestricted license to practice naturopathic medicine in another state which is not the subject of a pending investigation by a state medical board, or another state or federal agency; and
(b) Current federal or state photo identification, i.e., driver license or passport.
(3) The requirement for completing and submitting the information to the Board is waived if the physician is a member of the National Disaster Medical System (NDMS) under the Office of Emergency Preparedness, U.S. Department of Health and Human Services, and submits to the Board a copy of his/her NDMS photo identification.
(4) The physician shall provide the Board documentation demonstrating a request to provide medical care from a hospital, clinic or private medical practice, public health organization, EMS agency, or federal medical facility, or has otherwise made arrangements to provide medical care in Oregon as the result of the declaration of a disaster emergency.
(5) The physician shall not practice in Oregon under the special disaster emergency provisions beyond the termination date of the emergency. Practice in Oregon beyond the termination date of the declared disaster emergency requires
licensure through the Board of Naturopathic Medicine.
DIVISION 30 LICENSURE
850-030-0060
Military Spouse Temporary Authorization (MSTA) to Practice Naturopathic Medicine (1-5)
(1) Pursuant to 2019 Senate Bill 688, “military spouse” is the spouse or registered domestic partner of a member of the Armed Forces of the United States who is stationed in Oregon.
(2) A military spouse must complete and or submit the following to receive a temporary authorization (MSTA) to practice as a naturopathic physician in the State of Oregon:
(a) MSTA application form
(b) Licensure and examination fees per OAR 850-030-0035(1)
(c) A national criminal record check per 685.195 and OAR 850-030-0030
(d) Passage of Oregon Jurisprudence examination administered by the Board.
(e) Evidence of the following:
(A) Active license or authorization to practice naturopathic medicine from a jurisdiction with substantially similar licensure requirements and qualifications as required in Oregon
(B) Applicant is in good standing with the out-of-state licensing board.
(C) Minimum of two years’ satisfactory liberal arts and sciences study;
(D) Graduation from a school of naturopathic medicine accredited by the Council of Naturopathic Medical Education (CNME);
(E) Successful passage of the NPLEX examinations,
(F) Marriage or domestic partnership to a member of an Armed Forces of the United States currently assigned to an Oregon duty station.
(3) An MSTA issued under this section is valid until the earliest of the following:
(a) Two years after the date of issuance;
(b) The date the spouse of the MSTA holder completes the spouse’s term of service in Oregon; or
(c) The date the MSTA holder’s authorization issued by the other state or territory expires.
(4) An MSTA issued under this section only allows practice as a naturopathic physician in Oregon while it is valid.
(5) The MSTA is not renewable.
DIVISION 30 LICENSURE
850-030-0070
License to Practice Naturopathic Medicine by Reciprocity
(1) An applicant must complete and/or submit the following to receive a license by reciprocity to practice as a naturopathic physician in the State of Oregon
(a) Oregon Licensure Application form provided by the Board.
(b) A national criminal record check per ORS 685.195 and OAR 850-030-0030
(c) Payment of fees for licensure, examination per OAR 850-030-0035(1)
(d) Certified transcripts from a school of naturopathic medicine accredited by the Council of Naturopathic Medical Education (CNME);
(e) Pass Oregon Jurisprudence examination administered by the Board within three (3) year of applying for licensure;
(f) Evidence of the following:
(A) Active license to practice naturopathic medicine from a jurisdiction with substantially similar licensure requirements and qualifications as required in Oregon.
(B) Applicant is in good standing with the out-of-state licensing board.
(C) Graduation from a school of naturopathic medicine accredited by the Council of Naturopathic Medical Education (CNME);
(D) Successful passage of all sections of the NPLEX examination, including NPLEX pharmacology exam or equivalent
state pharmacology exam.
DIVISION 30 LICENSURE
850-030-0080
Display of License
Each licentiate of the Board shall display in their office, in a conspicuous place, their license and yearly renewal
validation.