justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 685 Statutes/Other Implemented: ORS 685.220, 685.110 & 676.150 History: OBNM 3-2012, f. & cert. ef. 6-15-12 OBNM 6-2011, f. 12-15-11, cert. ef. 12-23-11 OBNM 4-2010, f. & cert. ef. 6-30-10 BNE 5-2008, f. & cert. ef. 6-11-08 Renumbered from 850-010-0120, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 4-2004, f. & cert. ef. 6-10-04 NE 2, f. 6-7-59
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. Statutory/Other Authority: ORS 685 Statutes/Other Implemented: ORS 685.100 & 685.110 History: OBNM 4-2010, f. & cert. ef. 6-30-10 Renumbered from 850-010-0130, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 1-2004, f. & cert. ef. 2-11-04 NE 2, f. 6-7-59
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. Statutory/Other Authority: ORS 685 History: Renumbered from 850-010-0140, BNE 8-2005, f. & cert. ef. 10-27-05 NE 2, f. 6-7-59
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. Statutory/Other Authority: ORS 685 History: Renumbered from 850-010-0150, BNE 8-2005, f. & cert. ef. 10-27-05 NE 2, f. 6-7-59
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) Engaging in conduct or practice contrary to the Code of Ethics of the American Association of Naturopathic Physicians as adopted by the Board. (4) Any conduct or practice contrary to recognized standards of ethics which includes but is not limited to: (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; (e) Breaching patient confidentiality (5) Fraud or misrepresentation related to naturopathic medicine. (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. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.225 History: OBNM 2-2018, amend filed 02/16/2018, effective 02/16/2018 OBNM 1-2016, f. & cert. ef. 10-12-16 Renumbered from 850-010-0190, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 4-2005, f. & cert. ef. 4-13-05 Reverted to NE 3-1992, f. & cert. ef. 11-5-92 BNE 4-1998(Temp), f. & cert. ef. 8-26-98 thru 2-22-99 NE 3-1992, f. & cert. ef. 11-5-92 NE 3-1980, f. & ef. 9-11-80 NE 1, f. 11-12-57
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. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.110 History: OBNM 1-2011, f. & cert. ef. 4-12-11
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. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.145 History: OBNM 7-2011, f. 12-15-11, cert. ef. 12-23-11 Renumbered from 850-010-0215, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 2-2004, f. & cert. ef. 4-14-04 NE 2-1984, f. & ef. 2-28-84 NE 6-1980, f. & ef. 9-11-80
850-060-0220 Authority to Prescribe, Dispense, Administer, and Order Naturopathic physicians shall be allowed to prescribe, dispense, administer, and order the following: (1) All substances recommended by the Formulary Council and approved by the Board, (a) All biological substances including extracts and/or their products and residues, (b) All topical preparations, (2) All vitamins, minerals, trace minerals, enzymes, and food, (3) All mechanical devices, except those that require major surgical intervention, (4) All homeopathic preparations, (5) All laboratory and diagnostic procedures, (6) Antibiotics to partner(s) of patients diagnosed with a sexually transmitted disease without a patient visit by the partner of the patient for Expedited Partner Therapy (EPT) per OAR 855-041-8000 to 855-041-8005 of the Department of Human Services. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: 685.030 History: OBNM 3-2010, f. & cert. ef. 5-3-10 OBNM 1-2010, f. & cert. ef. 2-16-10 Renumbered from 850-010-0220, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 2-2005, f. & cert. ef. 2-4-05 NE 2-1984, f. & ef. 2-28-84
850-060-0223 Formulary Compendium Exclusions The Formulary Council has approved substances as listed by classification in 850-060-0226 for use by Naturopathic physicians in accordance with professional standards of care. (1) This authority does not supersede the education and training requirement established in 850-060-0212 for administration of IV agents or any other education and training required to prescribe, dispense, administer, or order all legend or controlled substances. (2) Additionally, the following substances may not be prescribed by licensees of this Board. (a) General anesthetics (b) Injectable Ketamine for the purpose of general anesthesia (c) Mifepristone and Misoprostol as an abortifacient (d) Barbiturates; with the exception of the following: (A) Phenobarbital (B) Butalbital (C) Primidone (e) Systemic oncology agents with the exception of the following antineoplastic agents, in oral and topical form only. (A) 5FU (B) Anastrozole (C) Letrozole (D) Mechlorethamine (E) Megestrol (F) Mercaptopurine (G) Methotrexate (H) Tamoxifen (I) Tretinoin (f) Any other substance not listed in 850-060-0226 classification or meeting prior approval of the Board. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.030 History: OBNM 2-2023, amend filed 06/23/2023, effective 06/23/2023 OBNM 1-2023, temporary amend filed 01/20/2023, effective 01/20/2023 through 07/17/2023 OBNM 13-2022, amend filed 12/13/2022, effective 01/01/2023 OBNM 5-2018, amend filed 12/20/2018, effective 12/20/2018 OBNM 1-2018, amend filed 02/16/2018, effective 02/16/2018 OBNM 4-2016, f. & cert. ef. 10-12-16
850-060-0226 Formulary Compendium Classifications The Formulary Council has approved the current American Hospital Formulary Service Pharmacologic-Therapeutic Classification. This listing does not supersede the education and training requirement established in 850-060-0212 for administration of IV agents or the exclusions listed in 850-060-0223 The Formulary Council may consider new agents, substances and pharmacologic-therapeutic classifications for addition to this list. Statutory/Other Authority: ORS 685.125 Statutes/Other Implemented: ORS 685.145 History: OBNM 6-2018, amend filed 12/20/2018, effective 12/20/2018 OBNM 1-2018, amend filed 02/16/2018, effective 02/16/2018 OBNM 3-2016, f. & cert. ef. 10-12-16 OBNM 6-2015, f. & cert. ef. 12-30-15 OBNM 5-2015, f. & cert. ef. 8-28-15 OBNM 3-2014, f. & cert. ef. 7-10-14 OBNM 1-2014, f. & cert. ef. 4-9-14 OBNM 3-2012, f. & cert. ef. 6-15-12 OBNM 4-2011, f. & cert. ef. 6-15-11 OBNM 2-2011, f. & cert. ef. 4-12-11 OBNM 7-2010, f. & cert. ef. 12-13-10 OBNM 5-2010, f. & cert. ef. 6-30-10 BNE 7-2009, f. 12-14-09, cert. ef. 1-1-10 BNE 2-2009, f. & cert. ef. 6-17-09 BNE 7-2008, f. & cert. ef. 12-8-08 BNE 6-2008, f. & cert. ef. 6-11-08 BNE 2-2008, f. & cert. ef. 3-21-08 BNE 1-2008, f. & cert. ef. 2-19-08 BNE 3-2007, f. & cert. ef. 6-12-07 BNE 4-2006, f. & cert. ef. 12-11-06 BNE 9-2005, f. & cert. ef 12-12-05 Renumbered from 850-010-0226, BNE 8-2005, f. & cert. ef. 10-27-05 BNE 5-2004, f. & cert. ef. 6-10-04 BNE 5-2003, f. & cert. ef. 12-5-03 BNE 3-2003, f. & cert. ef. 6-9-03 BNE 4-2002, f. & cert. ef. 8-8-02 BNE 1-2002, f. & cert. ef. 2-19-02
851-001-0000 Notice of Proposed Rulemaking Prior to adoption, amendment or repeal of any rule, the Board of Nursing shall give notice of the intended action per ORS 183.335 and ORS 183.360. (1) In the Secretary of State’s Bulletin at least 21 days before the effective date of the intended action. (2) Mail a copy of the rule hearing notice to persons on the Board of Nursing established mailing list(s) at least 28 days before the effective date of the rule. (3) If applicable, at least 49 days before the effective date of the rule, the Board shall provide notice to the legislative committee identified in ORS 183.335(15). Statutory/Other Authority: ORS 678.150, ORS 183. 355 & ORS 183.360 Statutes/Other Implemented: ORS 678.150 & ORS 678.335 History: BN 15-2021, amend filed 07/20/2021, effective 08/01/2021 BN 5-2017, f. 7-3-17, cert. ef. 8-1-17 BN 4-2006, f. & cert. ef. 5-8-06 BN 4, f. & cert. ef. 4-24-00 NB 1-1990, f & cert. ef 11-6-90 NB 3-1988, f & cert. ef 7-5-88 NER 3-1985, f & ef 5-2-85 NER 27, f & ef. 12-16-75
851-001-0005 Model Rules of Procedure (1) The Model Rules for Contested Cases of the Attorney General under the Administrative Procedures Act in effect, January 1, 2019, and all amendments thereto are hereby adopted by reference as the rules of the State Board of Nursing. (2) Contested case hearings are closed to members of the public who are not parties or representatives of the parties in the proceedings. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Board of Nursing.] Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 183,341, ORS 183.630 & ORS 678.150 History: BN 10-2019, amend filed 11/22/2019, effective 01/01/2020 BN 5-2017, f. 7-3-17, cert. ef. 8-1-17 BN 4-2006, f. & cert. ef. 5-8-06 BN 13-2004, f. & cert. ef. 10-26-04 BN 9-2004, f. & cert. ef. 5-4-04 BN 10-2002, f. & cert. ef. 4-25-02 BN 4, f. & cert. ef. 4-24-00 NB 11-1990, f & cert. ef 11-6-90 NB 3-1988, f & cert. ef 7-5-88 NER 3-1986, f & cert. ef 6-6-86 NER 2-1983, f & cert. ef 10-4-83 NER 1-1982, f & cert. ef. 1-29-82 NER 20-1980, f. & cert. ef 6-24-80 NER 31-1976, f & cert. ef. 3-30-76, Renumbered from 851-040-0005 NER 18-1974, f 3-18-74, cert. ef 4-11-74 NER 17-1972, f 6 16-72, cert. ef. 7-1-72
851-001-0007 Hearing Request (1) A hearing request must be made in writing to the Board by the party or by the party's authorized representative. To be considered timely, a request for hearing must: (a) Be in writing; electronic notification is acceptable. (b) Per ORS 183.415 for a current Board licensee or certificate holder, the request must be received by the Board within a reasonable period. The Board has deemed reasonable as 20 calendar days from the date the notice is mailed. Per ORS 183.435 for an applicant for license or certificate, the request must be received no later than 60 days after the date the notice was mailed. (2) A request for an extension in which to file an answer to the Notice must be submitted in writing and must be received by the date listed in section (1) (b) of this rule. Extensions may be granted only upon a showing of good cause. (3) A hearing request shall be deemed untimely if it is received by the Board after the close of business (4:30 p.m.) on or after the 20th calendar day from the date the Notice was mailed, and shall be deemed a default by the party. Unless the Board determines that the late filing was beyond the control of the party, the Board may issue a final order by default. Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 183.341 & ORS 678.150 History: BN 15-2021, amend filed 07/20/2021, effective 08/01/2021 BN 10-2019, amend filed 11/22/2019, effective 01/01/2020 BN 9-2004, f. & cert. ef. 5-4-04 BN 4, f. & cert. ef. 4-24-00 NB 11-1990, f & cert. ef 11-6-90 NER 6-1985, f & ef 9-27-85 NER 1-1985(Temp), f & ef 3-8-85
851-001-0008 Agency Representation at Hearings (1) Subject to the approval of the Attorney General, an officer or employee of the Board is authorized to appear on behalf of the Board in Civil Penalty hearings under the following conditions: (a) The Notice of Proposed Civil Penalty is $2,900.00 or less; (b) The issue for the contested case hearing is whether or not the licensee continued to practice nursing after the expiration of his/her license; and (c) The licensee is not represented by legal counsel at the hearing. (2) The agency representative may not make legal argument on behalf of the Board. (a) “Legal argument” includes arguments on: (A) The jurisdiction of the Board to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) “Legal argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the Board in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; (E) The correctness of procedures being followed in the contested case hearing. Statutory/Other Authority: ORS 678.117, 678.128 & 678.150 Statutes/Other Implemented: ORS 678.117, 678.128 & 678.150 History: BN 12-2002, f. & cert. ef. 7-17-02 BN 7-2002(Temp), f. & cert. ef. 3-5-02 thru 8-1-02
851-001-0010 Notification Procedure (1) Notice of the Board’s final disciplinary action shall be sent to the National Council State Boards of Nursing (NCSBN) for inclusion in the NURSYS® dataset and the National Practitioner Data Bank (NPDB). (2) A public copy of the Board’s final order of discipline will be posted on the license verification page of the Board’s website and a summary of discipline will be posted in the Board’s quarterly publication. Statutory/Other Authority: ORS 678.150, ORS 678. 111 & ORS 678.117 Statutes/Other Implemented: ORS 678.150, ORS 678. 111 & ORS 678.117 History: BN 15-2021, amend filed 07/20/2021, effective 08/01/2021 BN 10-2019, amend filed 11/22/2019, effective 01/01/2020 BN 12-2017, amend filed 12/05/2017, effective 01/01/2018 BN 5-2017, f. 7-3-17, cert. ef. 8-1-17 BN 4, f. & cert. ef. 4-24-00 NB 11-1990, f & cert. ef. 11-6-90 NB 3-1988, f & cert. ef. 7-5-88 NER, f & cert. ef. 11-25-77
851-001-0015 Disciplinary Reinstatement A licensee or certificate holder whose license or certificate has been revoked or who voluntarily surrendered their license or certificate may be granted disciplinary reinstatement under the following conditions: (1) The license or certificate has been revoked or surrendered for a minimum period of three years; (2) The licensee or certificate holder has documented evidence of mitigation of the issues that originally brought the licensee or certificate holder to the Board’s attention; (3) The individual seeking disciplinary reinstatement has made application to the Board for disciplinary reinstatement of the license/certificate; and (4) The individual seeking disciplinary reinstatement agrees to any conditions that the Board determines necessary to demonstrate competence at the level of licensure or certification for which the individual is seeking disciplinary reinstatement. Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 678.150 & ORS 183.341 History: BN 32-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 30-2025, amend filed 11/20/2025, effective 11/20/2025 BN 15-2021, amend filed 07/20/2021, effective 08/01/2021 BN 5-2017, f. 7-3-17, cert. ef. 8-1-17 BN 9-2004, f. & cert. ef. 5-4-04 BN 10-2002, f. & cert. ef. 4-25-02
851-001-0030 Social Security Numbers (1) The Board will not issue a license or certificate unless the applicant has provided a completed application addressing all information requested by the Board. The Board requests a Social Security Number (SSN) as a unique identifier, therefore a SSN is required for an application to be considered complete unless the applicant has other identifier information as required under section (5) of this rule and is in the applicant’s record. (2) The submission of an application for licensure to the Board shall be accepted as agreement that the applicant allows the Board to use and disclose the applicant’s Social Security number for the following purposes and to the following entities: (a) Oregon Department of Justice (b) Oregon Department of Revenue (c) Oregon Department of Employment (d) Oregon Department of Human Services (e) Oregon Department of Health (f) National Practitioner Databank (g) NURSYS® national nursing database (h) Law Enforcement agencies (i) Private collection firms. (j) For Board auditing purposes. (k) For Board purposes of identification. (l) For Board criminal background checks. (3) All transmissions of Social Security numbers or other identifying information listed in section (5) of this rule will be done per State of Oregon and Federal transmission security regulations and laws. (4) Applicant request to deny access to their Social Security Number or other identifying information listed in section (5) of this rule for any purposes listed in 851-001-0030 (2) shall result in a denial of licensure or certification. (5) If the applicant does not have a Social Security number the Board must see evidence of: (a) A current passport and US Visa showing the entitlement to work in the United States such as an H1B Visa, I-766 or other current federal government form authorizing the individual to work in the US. (b) If the applicant is attending school on an F1 visa, they must provide a copy of a valid I94 and I20 which has been signed by the designated school authority. (c) Tax identification number (d) Other federally issued identification number. Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: SB 854 - 2019 Regular Session & ORS 678.150 History: BN 15-2021, amend filed 07/20/2021, effective 08/01/2021 BN 10-2019, amend filed 11/22/2019, effective 01/01/2020 BN 13-2017, amend filed 12/05/2017, effective 01/01/2018 BN 5-2017, f. 7-3-17, cert. ef. 8-1-17 BN 9-2004, f. & cert. ef. 5-4-04
851-001-0100 Delegation of Signature Authority (1) Approval of Interim Order by Consent (ICO): The Executive Director or designee via signature has the delegated authority to grant approval of an ICO that has been signed by a licensee or certificate holder. (2) Approval of Notices of Proposed Discipline: The Executive Director or designee has delegated authority to sign all Notices for Proposed Discipline. (3) The Executive Director or designee may sign a Stipulated Order for Civil Penalty levied due to reinstatement of a license when the licensee or certificate holder continues to practice nursing or CNA authorized duties for more than 90 days after license or certificate expiration date. (4) The signature allows the document to become a public document. Statutory/Other Authority: ORS 678. 150 Statutes/Other Implemented: ORS 678. 150 History: BN 32-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 30-2025, amend filed 11/20/2025, effective 11/20/2025 BN 15-2021, amend filed 07/20/2021, effective 08/01/2021 BN 5-2017, f. 7-3-17, cert. ef. 8-1-17 NB 9-1993, f & cert. ef 10-15-93