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Oregon Bulletin

January 1, 2012

 

Oregon Board of Naturopathic Medicine
Chapter 850

Rule Caption: Change required bring Agency in compliance with ORS 676.150.

Adm. Order No.: OBNM 6-2011

Filed with Sec. of State: 12-15-2011

Certified to be Effective: 12-23-11

Notice Publication Date: 12-1-2011

Rules Amended: 850-050-0120

Subject: OAR 850-050-0120 Clarifies the duty of Licensees and non-licensed person to report to the Board any violation of any law within 10 business days of the violation.

      OAR 850-050-0120 Is not in compliance with statute on self-reporting: ORS 676.150676.150 Duty to report prohibited or unprofessional conduct, arrests and convictions

       (2) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee who has reasonable cause to believe that another licensee has engaged in prohibited or unprofessional conduct shall report the conduct to the board responsible for the licensee who is believed to have engaged in the conduct. The reporting licensee shall report the conduct without undue delay, but in no event later than 10 working days after the reporting licensee learns of the conduct.

       (3) A licensee who is convicted of a misdemeanor or felony or who is arrested for a felony crime shall report the conviction or arrest to the licensee’s board within 10 days after the conviction or arrest.

Rules Coordinator: Anne Walsh—(971) 673-0193

850-050-0120

Illegal Practice; Duty to Self-Report

(1) No person, including a graduate of any naturopathic medicine program, other than a licensee complying with the provisions of ORS Chapter 685 shall:

(a) Practice naturopathic medicine or naturopathy in Oregon, or

(b) Advertise, hold out to the public or represent in any manner that the person is authorized to practice naturopathy or naturopathic medicine in Oregon, or

(c) Use the terms “naturopathic practitioner,” “naturopathic healer,” “naturopathic doctor,” “naturopathic consultant” or any other terms that convey intent to practice naturopathy or naturopathic medicine.

(2) Any person convicted of practicing illegally in Oregon or any person who, without a license, makes a diagnosis shall not be admitted to examination by the Board at any time.

(3) It shall be the duty of all Board licensees, in the interests of both the public and the profession, to inform the Board, in writing, of anyone practicing naturopathy or naturopathic medicine in Oregon without a license or otherwise in violations of the law.

(4) For the purpose of this rule, naturopathic treatment shall be considered as practicing naturopathy or naturopathic medicine within the meaning of ORS 685.010(5), unless under the direct supervision of a licensee of the Board.

(5) Each Board licensee must self-report to the Board in writing as soon as possible, but no later than 10 business days after official action taken against the licensee, of any of the following:

(a) Any arrest, citation or conviction of the licensee for driving under the influence of intoxicants or reckless driving that is related to the use of an intoxicant;

(b) Any arrest or conviction of the licensee for a felony violation or criminal conduct;

(c) Any action brought against the licensee by a health regulatory agency; and

(d) Any action brought against the licensee by a patient, former patient, or health care facility, based upon allegations or findings of medical incompetence, malpractice, unprofessional conduct or licensee impairment.

Stat. Auth.: ORS 685

Stats. Implemented: ORS 685.220, 685.110 & 676.150

Hist.: NE 2, f. 6-7-59; BNE 4-2004, f. & cert. ef. 6-10-04; Renumbered from 850-010-0120, BNE 8-2005, f. & cert. ef. 10-27-05; BNE 5-2008, f. & cert. ef. 6-11-08; OBNM 4-2010, f. & cert. ef. 6-30-10; OBNM 6-2011, f. 12-15-11, cert. ef. 12-23-11

 

Rule Caption: Necessary to assure that DEA registrations include all applicable schedules for prescribing NDs.

Adm. Order No.: OBNM 7-2011

Filed with Sec. of State: 12-15-2011

Certified to be Effective: 12-23-11

Notice Publication Date: 12-1-2011

Rules Amended: 850-060-0215

Subject: Necessary to clarify that Schedule II non-narcotics (IIN) are within the prescribing authority of NDs.

Rules Coordinator: Anne Walsh—(971) 673-0193

850-060-0215

Drug Enforcement Administration Registration

(1) Licensees may register with the United States Department of Justice for the issuance of a Drug Enforcement Administration (DEA) Number.

(2) Licensees with DEA registration have authority to prescribe from Schedules II, IIN, III, IIIN, IV and V, provided those drugs are found on the Formulary compendium, OAR 850-060-0225 or 850-060-0226.

(3) Licensees shall not prescribe from Schedules II, IIN, III, IIIN, IV and V without a current DEA registration.

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.145

Hist.: NE 6-1980, f. & ef. 9-11-80; NE 2-1984, f. & ef. 2-28-84; BNE 2-2004, f. & cert. ef. 4-14-04; Renumbered from 850-010-0215, BNE 8-2005, f. & cert. ef. 10-27-05; OBNM 7-2011, f. 12-15-11, cert. ef. 12-23-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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