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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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OREGON BOARD OF NATUROPATHIC MEDICINE

 

DIVISION 50

DISCIPLINE

850-050-0010

Sanctions for Violations

The following lists the Board's disciplinary practices with respect to most common violations of law. Other less common violations may also result in discipline. The Board will determine the severity of each violation and decide the discipline to impose accordingly.

(1) General violations.

(a) The Board will attempt to resolve by non-disciplinary means, allegations of the following kinds of violations, in the absence of aggravating circumstances and if the licensee has not been the subject of a final order which finds the licensee committed a violation of a similar nature:

(A) Practicing outside the scope of practice;

(B) Inadequate charting;

(C) Failure to report a change of address;

(D) Prescribing off the formulary;

(E) False or misleading advertising; or

(F) Failure to refer upon termination.

(b) Instead of discipline in the violations listed in (1)(a), the Board may issue a letter of caution or a letter of warning. If Licensee disregards the Board's recommendation in the letter of caution or the letter of warning, the Board may initiate disciplinary action.

(c) The Board generally will take formal disciplinary action for allegations of the following kinds of violations, in the absence of major mitigating circumstances:

(A) Negligent prescribing;

(B) Negligent treatment;

(C) Conduct contrary to the standard of ethics;

(D) Failure to refer when referral is appropriate;

(E) Untimely response to Board investigation;

(F) Aiding or abetting unlawful practice by an unlicensed person;

(G) Sexual impropriety with a patient; or

(H) Conviction of a crime involving moral turpitude.

(d) Discipline for violations listed in (1)(c) may include a letter of reprimand, a civil penalty, probation, license suspension, license limitations, and license revocation.

(e) For violations which are not listed in subsections (1)(a) and (b) of this rule, the Board will determine the appropriate discipline.

(f) If a violation is listed in subsection (1)(a) of this rule and the licensee has already received a letter of caution or a letter of warning for a violation of a similar nature, the Board may proceed with formal discipline.

(2) Aggravating and Mitigating Factors or Circumstances. Discipline proposed by the Board may increase in severity, possibly up to license revocation, if there are aggravating circumstances. Discipline may decrease in severity if there are mitigating circumstances.

(a) Aggravating circumstances include, but are not limited to, the following:

(A) The same or similar violation has occurred more than once;

(B) The violation occurred or was repeated over a significant length of time;

(C) The licensee has previously been disciplined by the Board or in another jurisdiction;

(D) The violation was deliberate or grossly negligent;

(E) The licensee received some benefit from committing the violation;

(F) The violation involved a significant chance for causing harm to the patient or the public.

(b) Mitigating circumstances include, but are not limited to, the following:

(A) The licensee accepted responsibility for the violation;

(B) The licensee practiced a significant period of time without complaints or disciplinary action taken by the Board or any other jurisdiction.

(3) Probation. Probation may be added where the circumstances indicate that future monitoring, training, or other follow-up is necessary or appropriate. Probation may include completion of an approved treatment program when a licensee is alleged to engage in habitual or excessive use of drugs or alcohol.

(4) Practice Restriction. Practice restriction or practice limitation may be added where the circumstances warrant more than a civil penalty but less than a license suspension.

(5) Education. Education may be required when the circumstances indicate that further education is merited to prevent a recurrence of the violation.

Stat. Auth.: ORS 685.125
Stats. Implemented: ORS 685.110
Hist.: BNE 7-2005, f. & cert. ef. 10-27-05

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 conviction of the licensee for a misdemeanor crime;

(b) Any arrest or conviction of the licensee for a felony crime;

(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; OBNM 3-2012, f. & cert. ef. 6-15-12

850-050-0130

Change of Name and Address

Each Board licensee must notify the Board in writing within 30 days of any change of the licensee’s name, residence address, practice location, or mailing address.

Stat. Auth.: ORS 685
Stats. Implemented: ORS 685.100, 685.110
Hist.: NE 2, f. 6-7-59; BNE 1-2004, f. & cert. ef. 2-11-04; Renumbered from 850-010-0130, BNE 8-2005, f. & cert. ef. 10-27-05; OBNM 4-2010, f. & cert. ef. 6-30-10

850-050-0140

Advertising

While constructive educational publicity shall be encouraged, licentiates of the Board shall refrain from using or causing to be used advertising matter which contains misstatements, falsehoods, misrepresentations, distorted, or fabulous statements as to cures.

Stat. Auth.: ORS 685
Stats. Implemented:
Hist.: NE 2, f. 6-7-59; Renumbered from 850-010-0140, BNE 8-2005, f. & cert. ef. 10-27-05

850-050-0150

Public Health Laws

Naturopathic physicians shall be subject to all state, county, and municipal laws and rules relating to public health concerning the diagnosis and reporting of contagious and infectious diseases, as may be required, to the proper health authorities in the respective counties.

Stat. Auth.: ORS 685
Stats. Implemented:
Hist.: NE 2, f. 6-7-59; Renumbered from 850-010-0150, BNE 8-2005, f. & cert. ef. 10-27-05

850-050-0190

Discipline or Denial of License

The Board may refuse to grant a license to practice Naturopathic medicine in the State of Oregon, or may discipline a license, for any of the following reasons:

(1) Commitment to a mental health institution. A copy of the record of commitment, certified to by the clerk of the court entering the commitment, is conclusive evidence of the commitment.

(2) Habitual use of ardent spirits, narcotics, or other intoxicants to such an extent as to incapacitate him/her from the performance of his/her professional duties.

(3) Unprofessional or dishonorable conduct which includes but is not limited to:

(a) Any conduct or practice contrary to recognized standards of ethics of the naturopathic profession; or

(b) Any of the following:

(A) Engaging in any conduct which constitutes a violation of any provision of ORS 163.305 through 163.465, Criminal Sexual Offenses, if proven by at least a preponderance of the evidence in any criminal, civil, or administrative litigation, or admitted to or stipulated by the professional;

(B) Engaging in any conduct with a patient that is sexual, or may be reasonably interpreted as sexual, whether initiated by the patient or not;

(C) Any behavior, gesture, or expression that is sexually seductive or sexually demeaning to a patient, or any action that shows a lack of respect for the patient's privacy;

(D) Entering into an intimate sexual relationship with a patient or with a former patient if within six months after the doctor-patient relationship is terminated, unless a prior sexual relationship existed.

(4) Fraud or misrepresentation related to naturopathic medicine.

(5) A breach of confidentiality.

(6) The use of any advertising in which untruthful, improper, misleading, or deceptive statements are made.

(7) Claiming superiority to or a greater skill than that possessed by fellow naturopathic physicians.

(8) Aiding or abetting the unlawful practice of any of the healing arts by an unlicensed person.

(9) The advertising or holding oneself out to diagnose or treat a patient by any secret formula method, treatment, or procedure.

(10) The guaranteeing of a cure or "results" from any treatment.

(11) Failure to refer the patient to an appropriate care provider upon termination of treatment where referral is called for, unless termination was the decision of the patient and the licensee had no opportunity to refer the patient.

(12) Prescribing or dispensing a substance that is not listed on the formulary compendium.

Stat. Auth.: ORS 685.125
Stats. Implemented: ORS 685.225
Hist.: NE 1, f. 11-12-57; NE 3-1980, f. & ef. 9-11-80; NE 3-1992, f. & cert. ef. 11-5-92; BNE 4-1998(Temp), f. & cert. ef. 8-26-98 thru 2-22-99; administrative correction 8-9-99; BNE 4-2005, f. & cert. ef. 4-13-05; Renumbered from 850-010-0190, BNE 8-2005, f. & cert. ef. 10-27-05  

850-050-0200

Reapplication

An applicant, licensee or certificate holder whose application for license or certificate, or whose license or certificate, has been denied or revoked, or who voluntarily surrendered the application for license or certificate, or the license or certificate, may not reapply for a minimum period of three years; unless otherwise specified in a Board order denying or revoking or accepting a voluntary surrender of the application, license or certificate.

Stat. Auth.: ORS 685.125
Stats. Implemented: ORS 685.110
Hist.: OBNM 1-2011, f. & cert. ef. 4-12-11

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