justicedao/ipfs_state_laws huggingface dataset:
850-001-0010 Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases (1) A hearing request, and answer when required, shall be made in writing to the Board by the party or the party’s attorney. (2) An answer shall be made in writing to the Board with any request for a hearing on a matter related to the following categories of cases where the proposed violation(s) involves allegations of: (a) Examination subversion or irregularities; (b) Application subversion or irregularities; (c) Engage in practice without required prerequisite certification or continued education required per statute or rule (d) Violations of statutes and / or rules relating to: (A) Engaging in conduct or practice that is contrary to the recognized standard of ethics of the profession or conduct that may constitute a danger to the health or safety of a patient or the public; (B) Committing negligence related to the practice of naturopathic medicine (C) Prescribing or dispensing drugs outside the scope of practice of naturopathic medicine (D) Conviction of a crime related to the practice of naturopathic medicine (E) Advertising (3) The answer shall include the following: (a) An admission or denial of each factual matter alleged in the notice; and (b) A short, concise statement of each relevant affirmative defense the party may have. (4) When an answer is required: (a) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted; (b) Failure to raise a particular defense in the answer will be considered a waiver of such defense; (c) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and (d) Evidence shall not be taken on any issue not raised in the notice and the answer. (5) When an answer is required, the party or party’s attorney may amend the response and answer, but no later than 10 days before the scheduled contested case hearing. Statutory/Other Authority: ORS 183 & 685 History: OBNM 17-2020, amend filed 12/28/2020, effective 12/28/2020 NE 1-1986, f. & ef. 4-10-86 NE 2-1985(Temp), f. & ef. 3-11-85
850-001-0015 Hearing Request and Answers: Consequences of Failure to Answer (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. Statutory/Other Authority: ORS 183 & 685 History: OBNM 2-2013, f. & cert. ef. 4-12-13 NE 1-1986, f. & ef. 4-10-86 NE 2-1985(Temp), f. & ef. 3-11-85
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. Statutory/Other Authority: 685.125 Statutes/Other Implemented: 685.160 History: Renumbered from 850-030-0175, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 7-2004, f. & cert. ef. 9-10-04
850-005-0190 Board and Formulary Council Member Compensation (1) Board and Formulary Council members of the Oregon Board of Naturopathic Medicine, receive compensation per ORS 292.495 and ORS 685.190 for time spent in the performance of their official duties. (2) Board and Formulary Council members may receive the following for expenses incurred in the performance of their official duties: (a) Reimbursement of eligible travel expenses. (b) Mileage reimbursement per the rate established by the Internal Revenue Service for privately owned vehicles. (c) Individual meal allowance per the Department of Administrative Services Administrative Rules (3) Performance of official duties is defined as. (a) Attendance at scheduled Board and Council meetings (including special / emergency sessions): (b) Appointments with Board staff for Board or Council business. (c) Legislative testimony. (d) Conferences and activities that the Board has requested that the member attend as its representative. (e) Scheduled meeting materials review. This compensation is waived if the member does not attend the meeting for which they have prepared. Statutory/Other Authority: ORS 292 & 182 Statutes/Other Implemented: ORS 182.466(3) & 2009 OL Ch. 535 (HB 2058) History: OBNM 1-2025, amend filed 05/06/2025, effective 05/06/2025 OBNM 10-2022, amend filed 08/11/2022, effective 08/11/2022 OBNM 7-2015, f. & cert. ef. 12-30-15 OBNM 2-2010, f. & cert. ef. 5-3-10
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. Statutory/Other Authority: ORS 685 History: NE 2, f. 6-7-59
850-010-0170 State Welfare Cases Naturopathic physicians may accept welfare cases under the medical plan adopted by the Welfare Commission, April 26, 1946. Statutory/Other Authority: ORS 685 History: NE 2, f. 6-7-59
850-010-0180 Professional Standards and Communication - Interpreter Requirements (1) Naturopathic physicians in the State of Oregon must conduct themselves and practice according to the Code of Ethics of the American Association of Naturopathic Physicians as adopted by the Board. (2) Oregon Health Authority under ORS 413.558 requires all naturopathic physicians, who are reimbursed with public funds, in whole or in part, work with a health care interpreter from the health care interpreter registry, when communicating (e.g. counseling, patient care services, billing) with a patient who prefers to communicate in a language other than English or who communicates in signed language, unless the naturopathic physician is proficient in the patient's preferred language. (3) Any individual providing health care interpreting services must meet the eligibility standards established in Oregon Administrative Rule Chapter 333, division 2. Statutory/Other Authority: ORS 685 & ORS 413.558 Statutes/Other Implemented: ORS 413.558 History: OBNM 11-2022, amend filed 08/12/2022, effective 08/12/2022 NE 2, f. 6-7-59
850-020-0000 Scope and Purpose (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. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.010 History: BNE 1-2005, f. & cert. ef. 2-4-05 NE 1-1981, f. & ef. 12-7-81
850-020-0020 Standards (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. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.010 History: BNE 1-2005, f. & cert. ef. 2-4-05 BNE 5-2001, f. & cert. ef. 8-10-01 BNE 3-1998, f. 7-31-98, cert. ef. 8-3-98 Reverted to NE 1-1981, f. & ef. 12-7-81 NE 3-1997(Temp), f. 12-1-97, cert. ef. 12-2-97 thru 5-31-98 NE 1-1981, f. & ef. 12-7-81
850-020-0025 Board Review Procedures for Accreditation of Medical Schools (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) The Board shall consistently foster high professional standards for the best interests of the public. (3) Final action for approval by the Board may be held open to the public and the applicant college will be invited to attend. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.010 History: OBNM 8-2022, amend filed 08/11/2022, effective 08/11/2022 BNE 1-2005, f. & cert. ef. 2-4-05 NE 1-1981, f. & ef. 12-7-81
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. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.010 History: BNE 1-2005, f. & cert. ef. 2-4-05 NE 1-1981, f. & ef. 12-7-81
850-030-0010 Oregon Jurisprudence Examination Application Requirements (1) Oregon Jurisprudence Examination is offered four times each year, customarily in February, May, August and Novemember. (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. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.070 & 685.080 History: OBNM 4-2021, amend filed 04/13/2021, effective 04/14/2021 OBNM 8-2020, amend filed 03/06/2020, effective 03/06/2020 OBMN 2-2012, f. & cert. ef. 6-15-12 OBNM 1-2012(Temp), f. & cert. ef. 4-12-12 thru 10-4-12 Renumbered from 850-010-0010, BNE 8-2005, f. & cert. ef. 10-27-05 Reverted to NE 1-1986, f. & ef. 4-10-86 NE 3-1990(Temp), f. 11-27-90, cert. ef. 12-1-90 NE 1-1986, f. & ef. 4-10-86 NE 2-1984, f. & ef. 2-28-84 NE 2, f. 6-7-59
850-030-0020 Initial Active Licensure Requirements (1) Passage of Oregon Jurisprudence Examination; within three (3) years of date of application (2) Submission of official NLPEX transcripts showing passage: 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. (3) Payment of the non-refundable licensure application fee under OAR 850-030-0035 (4) Completed Licensure application furnished by the Board (5) National criminal record check per ORS 685.195 and OAR 850-030-0030 (6) Applicants that hold or previously held an active license to practice naturopathic medicine in another state, must submit license verification from each state of licensure. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.195 & ORS 413.590 History: OBNM 2-2022, amend filed 08/11/2022, effective 08/11/2022 OBNM 13-2021, amend filed 12/21/2021, effective 01/01/2022 OBNM 3-2021, amend filed 03/26/2021, effective 03/26/2021 OBNM 7-2020, amend filed 03/06/2020, effective 03/06/2020 OBNM 4-2015, f. & cert. ef. 7-17-15 BNE 3-2008, f. 4-21-08, cert. ef. 6-10-08 BNE 2-2007, f. & cert. ef. 6-12-07
850-030-0055 Practice in Oregon by Out-of-State Naturopathic Physicians In the Event of an Emergency (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. Statutory/Other Authority: ORS 685 125 Statutes/Other Implemented: ORS 685.160 History: Renumbered from 850-010-0055, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 2-2003, f. & cert. ef. 4-11-03 BNE 6-2002(Temp), f. & cert. ef. 12-6-02 thru 6-3-03
850-030-0060 Military Spouse Temporary Authorization (MSTA) to Practice Naturopathic Medicine (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. Statutory/Other Authority: ORS 685 History: OBNM 3-2020, amend filed 03/06/2020, effective 03/06/2020 Renumbered from 850-010-0060, BNE 8-2005, f. & cert. ef. 10-27-05 NE 2, f. 6-7-59
850-030-0065 30-day Practice by a Non-Compensated Out-of-State Licensed Naturopathic Physician (1) A licensed naturopathic physician from another state may, without compensation and in connection with a coordinating organization or other entity, practice naturopathic medicine in the State of Oregon for 30 days each calendar year. (2) A licensed naturopathic physician must submit to the Board, at least 10 days prior to commencing practice in this State, the following: (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; (b) An acknowledgement that the naturopathic physician will only provide services within the scope of practice of this state or the physician’s state licensing agency, whichever is more restrictive; (c) The name and contact information of the coordinating organization or other entity through which the naturopathic physician will practice; (d) An attestation that the physician will not receive compensation for practice in this state; and (e) The dates which the physician will practice in this state. (3) Except as otherwise provided, a naturopathic physician practicing under this section is subject to the laws and rules governing the profession of naturopathic medicine and to disciplinary action by the appropriate health professional regulatory board. Statutory/Other Authority: ORS 677.080 & ORS 677.135 Statutes/Other Implemented: ORS 677.080 & ORS 677.135 History: OBNM 3-2022, adopt filed 08/11/2022, effective 08/11/2022
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. Statutory/Other Authority: ORS 68.125 Statutes/Other Implemented: ORS 685.085 History: OBNM 4-2020, amend filed 03/06/2020, effective 03/06/2020 OBMN 2-2012, f. & cert. ef. 6-15-12 OBNM 1-2012(Temp), f. & cert. ef. 4-12-12 thru 10-4-12 Renumbered from 850-010-0070, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 7-2001, f. 10-9-01, cert. ef. 1-1-02 NE 2-1984, f. & ef. 2-28-84 NE 2, f. 6-7-59
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. Statutory/Other Authority: ORS 685 History: Renumbered from 850-010-0080, BNE 8-2005, f. & cert. ef. 10-27-05 NE 2-1984, f. & ef. 2-28-84 NE 2, f. 6-7-59
850-030-0090 Expiration and Renewal Dates of License (1) All licenses expire annually on December 31. (2) To remain active, all licensees must annually submit a completed renewal application to the Board office by December 31. (a) Licensees will automatically lapse if a renewal application or change of status form is not received by December 31. (b) A person who has a lapsed license must immediately stop practicing Naturopathic Medicine until their license is restored to active status. (c) A person who has a lapsed license must immediately stop representing themselves as having an active license to practice Naturopathic Medicine. (3) To change status to inactive or retired, licensees must submit a completed change of status application to the Board office by December 31. (4) To renew inactive or retired status, licensees must annually submit a completed renewal application to the Board office by December 31. (a) Licensees with an inactive or retired license must immediately stop practicing Naturopathic Medicine (b) Licensees with an inactive or retired license must clearly identify themselves as having inactive or retired status so that no member of the public is misled about the Licensee’s ability to practice naturopathic medicine in Oregon. Statutory/Other Authority: ORS 685 Statutes/Other Implemented: ORS 685.100 History: OBNM 5-2020, amend filed 03/06/2020, effective 03/06/2020 OBNM 3-2018, amend filed 02/16/2018, effective 02/16/2018 BNE 3-2008, f. 4-21-08, cert. ef. 6-10-08 Renumbered from 850-010-0090, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 3-1999, f. & cert. ef. 11-1-99 NE 1-1996, f. & cert. ef. 10-18-96 NE 1-1988, f. & cert. ef. 3-15-88 NE 1-1987(Temp), f. 9-17-87, ef. 10-1-87 NE 1-1984, f. & ef. 1-3-84 NE 2-1980, f. & ef. 9-11-80 NE 2, f. 6-7-59
850-030-0110 Use of Unauthorized Material and Misrepresentations in Obtaining License (1) Any applicant for a license detected in the act of offering or accepting unauthorized assistance or using unauthorized material while the examinations are in progress shall be excluded from further examination and his or her papers rejected in total. (2) The Board may refuse to grant a license to any applicant indulging in misrepresentation, fraud, or deception, or to revoke the license granted as a result of these. (3) The Board shall carefully and rigidly investigate applicants who attempt to obtain naturopathic license by false statements or representations in their applications or otherwise violate these rules. Statutory/Other Authority: ORS 685 History: Renumbered from 850-010-0110, BNE 8-2005, f. & cert. ef. 10-27-05 NE 2, f. 6-7-59
850-040-0250 One-time Continuing Education Required Prior to Administering or Supervising the Administration of IV and Injectable Ketamine (1) Four (4) hours of Board approved pharmacology education on prescribing Ketamine, including dosage and administration, clinical indications, and safety planning (2) For administration for non-pain management purposes, two (2) hours of Board approved ethics education on Ketamine prescribing and treatment, including doctor-patient boundaries, enhanced consent, and therapy models. Statutory/Other Authority: 685.106 Statutes/Other Implemented: 685.102 History: OBNM 5-2024, adopt filed 10/29/2024, effective 01/01/2025