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

 

DIVISION 30

LICENSURE

850-030-0010

Requirements for Application

(1) An individual applying for a license to practice in Oregon must undergo examination as provided in OAR 850-030-0030 and comply with OAR 850-030-0031 before the Board may issue a license to practice Naturopathic medicine in Oregon.

(2) An applicant for examination may submit information required for a criminal background check with application for examination. This information is required with the application for licensure, and a criminal background check must be completed before a license can be issued.

(3) An individual seeking to take the Naturopathic Physician Licensing Examinations (NPLEX) must register through the North American Board of Naturopathic Examiners (NABNE) and meet the qualifications established by NABNE. The Board does not administer NPLEX examinations.

(4) An individual who seeks to obtain a license by reciprocity must comply with OAR 850-030-0070.

Stat. Auth.: ORS 685.125
Stats. Implemented: ORS 685.070 & 685.080
Hist.: NE 2, f. 6-7-59; NE 2-1984, f. & ef. 2-28-84; NE 1-1986, f. & ef. 4-10-86; NE 3-1990(Temp), f. 11-27-90, cert. ef. 12-1-90; Renumbered from 850-010-0010, BNE 8-2005, f. & cert. ef. 10-27-05; OBNM 1-2012(Temp), f. & cert. ef. 4-12-12 thru 10-4-12; OBMN 2-2012, f. & cert. ef. 6-15-12

850-030-0020

State and Nationwide Criminal Records Checks, Fitness Determinations

(1) The purpose of these rules is to provide for the reasonable screening of applicants and licensees in order to determine if they have a history of criminal behavior such that they are not fit to be granted or hold a license that is issued by the Board.

(2) These rules are to be applied when evaluating the criminal history of an applicant or licensee and conducting fitness determinations based upon such history. The fact that an applicant or licensee has cleared the criminal history check does not guarantee the granting or renewal of a license.

(3) The Board may require fingerprints of all applicants for an initial license as a naturopathic physician, licensees applying to reinstate a lapsed license, and licensees under investigation to determine the fitness of an applicant or licensee. These fingerprints will be provided on prescribed forms made available by the Board. Fingerprints may be obtained at a law enforcement office or at a private service acceptable to the Board; the Board will submit fingerprints to the Oregon Department of State Police to conduct a Criminal History Check and a National Criminal History Check. Any original fingerprint cards will subsequently be destroyed by the Oregon Department of State Police.

(4) The Board determines whether an applicant or licensee is fit to be granted a license based on the criminal records background check, any false statements made by the applicant or licensee regarding the criminal history of the individual, any refusal to submit or consent to a criminal records check including fingerprint identification, and any other pertinent information obtained as part of an investigation. If an applicant is determined to be unfit, the applicant may not be granted a license. If a licensee is determined to be unfit the licensee's license may not be reinstated. The Board may make a fitness determination conditional upon applicant's or licensee's acceptance of probation, conditions, limitations, or other restrictions upon licensure.

(5) Except as otherwise provided in section (2), in making the fitness determination the Board considers:

(a) The nature of the crime;

(b) The facts that support the conviction or pending indictment or that indicate the making of the false statement;

(c) The relevancy, if any, of the crime or the false statement to the specific requirements of the applicant's or licensee's present or proposed license; and

(d) Intervening circumstances relevant to the responsibilities and circumstances of the license. Intervening circumstances include but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the applicant or licensee at the time of the crime;

(C) The likelihood of a repetition of offenses or of the commission of another crime;

(D) The subsequent commission of another relevant crime;

(E) Whether the conviction was set aside and the legal effect of setting aside the conviction; and

(F) A recommendation of an employer.

(6) All requested background checks include available state and national data, unless obtaining one or the other is an acceptable alternative.

(7) In order to conduct the Oregon and National Criminal History Check and fitness determination, the Board may require additional information from the licensee or applicant as necessary, such as but not limited to, proof of identity; residential history; names used while living at each residence; or additional criminal, judicial or other background information.

(8) Criminal offender information is confidential. Dissemination of information received under ORS 181.534 is only to people with a demonstrated and legitimate need to know the information. The information is part of the investigation of an applicant or licensee and as such is confidential pursuant to 676.175(1).

(9) The Board will permit the 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.

(10) The Board may consider any conviction of any violation of the law for which the court could impose a punishment and in compliance with ORS 670.280. The Board may also consider any arrests, court records, or other information that may be indicative of an individual's inability to perform as a licensee with care and safety to the public.

(11) If an applicant or licensee is determined not to be fit for a license, the applicant or licensee is entitled to a contested case process pursuant to ORS 183.413-183.470. Challenges to the accuracy or completeness of information provided by the Oregon Department of State Police, Federal Bureau of Investigation and agencies reporting information must be made through the Oregon Department of State Police, Federal Bureau of Investigation, or reporting agency and not through the contested case process pursuant to ORS 183. If an individual successfully contests the accuracy or completeness of information provided by the Oregon State Police, the FBI or other reporting agency, the Board will conduct a new criminal history check upon submission of a new request.

(12) If the applicant discontinues the application process or fails to cooperate with the criminal history check process, the application is considered incomplete.

Stat. Auth.: ORS 685.125
Stats. Implemented: ORS 685.195
Hist.: BNE 2-2007, f. & cert. ef. 6-12-07; BNE 3-2008, f. 4-21-08, cert. ef. 6-10-08

850-030-0030

Application for Examination

(1) An individual applying for a license by examination must pass the following Naturopathic Physician Licensing Examinations (NPLEX) that are administered by the North American Board of Naturopathic Examiner (NABNE): the basic science examination also known as the NPLEX Part I Biomedical Science examination, the core clinical examinations also known as NPLEX Part II Clinical Science examinations and the clinical elective Minor Surgery examination.

(2) An individual applying for a license must pass the following state examinations: the Formulary and Jurisprudence examinations. To be eligible to sit for the state Formulary or Jurisprudence examinations an applicant must have passed NPLEX Part I, and be eligible to sit for NPLEX Part II and Minor Surgery examination, or have already passed Part I, Part II and the Minor Surgery examinations.

(3) An applicant applying to take the state Formulary or Jurisprudence examinations for Oregon must:

(a) Submit a completed application, furnished by the Board. If the applicant is applying to take both examinations, the applicant may submit one application for both exams;

(b) Submit a copy of the applicant's diploma of graduation from the school of naturopathic medicine accredited by the Council of Naturopathic Medical Education (CNME);

(c) Have transcripts from any school of naturopathic medicine attended by the applicant submitted to the Board directly from the school; and

(d) Pay the non-refundable fees per 850-030-0035.

(4) An applicant may submit fingerprint cards and the fee for the criminal background check at the same time as submitting the application for examination. Fingerprint cards for the criminal background check are not required to take the Formulary or Jurisprudence examinations, but failure to submit the cards with the examination application may increase the time before a license may be issued when the applicant submits the application for licensure.

(5) An applicant may have undergraduate transcripts submitted directly from the college or university to the Board from the colleges or universities the individual attended and which attendance was used to support admission into the naturopathic school from which the individual graduated, at the same time as submitting the application for examination. Undergraduate transcripts are not required to take the state examinations, but failure to submit the transcripts prior to application for licensure, may increase the time before a license may be issued when the applicant submits the application for licensure.

(6) The Board may allow a licensee or other individual who is not applying for licensure by examination to apply for and take the state Formulary or Jurisprudence examination on a case-by-case basis.

Stat. Auth.: ORS 685.125
Stats. Implemented: ORS 685.070
Hist.: NE 2, f. 6-7-59; NE 2-1984, f. & ef. 2-28-84; BNE 6-2001, f. 10-9-01, cert. ef. 1-1-02; Renumbered from 850-010-0030, BNE 8-2005, f. & cert. ef. 10-27-05; OBNM 1-2012(Temp), f. & cert. ef. 4-12-12 thru 10-4-12; OBMN 2-2012, f. & cert. ef. 6-15-12

850-030-0031

Application for License

(1) An individual must submit the following for a license application:

(a) A completed license application, on the form furnished by the Board;

(b) Arrange for NABNE to submit to the Board proof that the individual has successfully passed the required NPLEX examinations;

(c) Successfully pass the Oregon Formulary and Jurisprudence examinations;

(d) Have undergraduate transcripts submitted directly from the college or university to the Board from the colleges or universities the individual attended and which attendance was used to support admission into the naturopathic school from which the individual graduated;

(e) Submit to a national criminal background check per ORS 685.195 by providing to the Board fingerprint cards that can be read for purposes of a background check along with the required fee under OAR 850-030-0035;

(f) Pay the non-refundable license application fee under OAR 850-030-0035.

(2) To qualify for a license an individual must submit the completed application for licensure within one year of receiving notification of successfully passing all the required examinations. If the individual does not submit the complete application within one year of passing the required examinations, the Board may no longer accept the results on all the examinations, in which case one or more of the examinations may need to be retaken.

Stat. Auth.: ORS 685.125
Stats. Implemented: ORS 685.080
Hist.: OBNM 1-2012(Temp), f. & cert. ef. 4-12-12 thru 10-4-12; OBMN 2-2012, f. & cert. ef. 6-15-12

850-030-0035

Fees for Licensure, Examination and Certification

(1) Fees schedule:

(a) The fee to apply to take the jurisprudence and formulary examinations to be eligible for licensure shall be $150.

(b) Effective January 1, 2012, the fee for an initial license to practice naturopathic medicine (including reciprocity) shall be $300 and pro-rated according to receipt of application:

(A) If the application for initial licensure is received January 1 through March 31, the fee for initial licensure will be $300;

(B) If the application for initial licensure is received April 1 through June 30, the fee for initial licensure will be $225;

(C) If the application for initial licensure is received July 1 through September 30, the fee for initial licensure will be $150; and

(D) If the application for initial licensure is received October 1 through December 31, the fee for initial licensure will be $75.

(c) The fee for a criminal background check shall be $50.

(d) The fee for an initial certificate of special competency in natural childbirth shall be $60.

(e) The annual license renewal fee for an active Naturopathic license shall be $300.

(f) The annual license renewal fee for an inactive license shall be $140.

(g) The annual renewal fee for an Inactive Certificate in Natural Childbirth shall be $30;

(h) The annual renewal fee for a retired license shall be $15.

(i) The annual renewal fee for a certificate of special competency in natural childbirth shall be $60.

(j) A late fee of $100 will be charged for any renewal that does not meet the December 15 deadline per OAR 850-030-0195.

(k) The fee to reinstate a lapsed license to active status within 12months of being lapsed shall be $300 plus a restoration fee of $150.

(l) The annual fee mandated for all licensees with the authority to prescribe shall be $25;

(m) Duplicate license fee shall be $25;

(n) Wall certificate shall be $25;

(o) The fee for mailing an examination packet shall be $40 or the current rate charged for the secure over night mailing of examinations;

(p) Mailing list in any version shall be $50;

(q) Copies of public documents shall be $15 for the first ten single-sided pages and 10 cents per page hereafter.

(2) All Board fees and fines are non-refundable.

Stat. Auth.: ORS 685.100(6)(b) & 685.100(6)(c)
Stats. Implemented: ORS 685.100 & 685.102
Hist.: NE 1-1987(Temp), f. 9-17-87, ef. 10-1-87; NE 1-1988, f. & cert. ef. 3-15-88; NE 1-1996, f. & cert. ef. 10-18-96; NE 2-1997(Temp), f. 12-1-97, cert. ef. 12-2-97 thru 5-31-98; BNE 1-1998(Temp), f. 7-15-98, cert. ef. 8-3-98 thru 1-30-99; BNE 2-1998, f. 7-31-98, cert. ef. 8-3-98; BNE 2-1999, f. & cert. ef. 9-24-99; BNE 5-2000, f. & cert. ef. 12-6-00; BNE 4-2003, f. & cert. ef. 10-9-03; Renumbered from 850-010-0035, BNE 8-2005, f. & cert. ef. 10-27-05; BNE 3-2008, f. 4-21-08, cert. ef. 6-10-08; BNE 3-2009, f. & cert. ef. 10-6-09; OBNM 5-2011(Temp), f. & cert. ef. 10-17-11 thru 1-17-12; Administrative correction, 2-24-12; OBNM 1-2013, f. & cert. ef. 4-12-13

850-030-0040

Examination Dates

State Jurisprudence and Formulary examinations are customarily offered two times each year. Examinations for natural childbirth certification are customarily offered once a year.

Stat. Auth.: ORS 183 & 685
Stats. Implemented:
Hist.: NE 2, f. 6-7-59; NE 1-1986, f. & ef. 4-10-86; BNE 3-2001, f. & cert. ef. 2-7-01; Renumbered from 850-010-0040, BNE 8-2005, f. & cert. ef. 10-27-05

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.

Stat. Auth.: ORS 685 125
Stats. Implemented: ORS 685.160
Hist.:BNE 6-2002(Temp), f. & cert. ef. 12-6-02 thru 6-3-03; BNE 2-2003, f. & cert. ef. 4-11-03; Renumbered from 850-010-0055, BNE 8-2005, f. & cert. ef. 10-27-05

850-030-0060

Temporary Permits

Temporary permits for the practice of naturopathy shall not be issued by the Board.

Stat. Auth.: ORS 685
Stats. Implemented:
Hist.: NE 2, f. 6-7-59; Renumbered from 850-010-0060, BNE 8-2005, f. & cert. ef. 10-27-05

850-030-0070

License by Reciprocity

The Board on an individual basis may consider reciprocity for individuals who hold an active license to practice naturopathic medicine in good-standing in another state, jurisdiction or territory of the United States, the District of Columbia or Canada.

(1) If an individual is currently licensed as a naturopathic physician in good-standing in another licensing state or jurisdiction following successful completion of the NPLEX examinations required by Oregon, the individual must submit a complete license application within two years after successfully passing the required state examinations administered by the Board.

(a) The individual must have verification that he or she is licensed and in good-standing as a naturopathic physician directly submitted from the state(s) or jurisdiction(s) in which license is held.

(b) If the individual does not submit a complete license application within two years of passing the required state examinations, the Board may no longer accept the individual’s results on all of the required examinations in which case one or more of all the exams may need to be retaken.

(2) To qualify for license by reciprocity an individual must submit the following for a license:

(a) A completed license application, on the form furnished by the Board;

(b) Arrange for NABNE to submit to the Board proof that the individual has successfully passed the NPLEX examinations required by the Board;

(c) Successfully pass the Oregon Formulary and Jurisprudence examinations;

(d) Have undergraduate transcripts submitted directly from the college or university to the Board from the colleges or universities the individual attended and which attendance was used to support admission into the naturopathic school from which the individual graduated;

(e) Submit to a national criminal background check per ORS 685.195 by providing to the Board fingerprint cards that can be read for purposes of a background check along with the required fee under OAR 850-030-0035;

(f) Pay the non-refundable license application fee under OAR 850-030-0035.

(3) An applicant may submit fingerprint cards and the fee for the criminal background check at the same time as submitting the application for the Formulary or Jurisprudence examinations. Fingerprint cards are not required to take the Formulary or Jurisprudence examinations, but may delay licensure once an application for license in made.

(4) Applicants for license by reciprocity must possess qualifications equal to those required of persons eligible for licensure by examination. An application for license by reciprocity will be denied if applicant does not meet all those qualifications.

Stat. Auth.: ORS 68.125
Stats. Implemented: ORS 685.085
Hist.: NE 2, f. 6-7-59; NE 2-1984, f. & ef. 2-28-84; BNE 7-2001, f. 10-9-01, cert. ef. 1-1-02; Renumbered from 850-010-0070, BNE 8-2005, f. & cert. ef. 10-27-05; OBNM 1-2012(Temp), f. & cert. ef. 4-12-12 thru 10-4-12; OBMN 2-2012, f. & cert. ef. 6-15-12

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.

Stat. Auth.: ORS 685
Stats. Implemented:
Hist.: NE 2, f. 6-7-59; NE 2-1984, f. & ef. 2-28-84; Renumbered from 850-010-0080, BNE 8-2005, f. & cert. ef. 10-27-05

850-030-0090

Expiration and Renewal of Licenses and Certificates in Natural Childbirth

(1) Unless renewed to the Executive Director or designated staff of the Board on a form provided by the Board, all licenses to practice naturopathic medicine in Oregon automatically lapse on December 31 of every year.

(2) The renewal form must be returned to the Board office by December 15 and include:

(a) The completed and signed renewal application form furnished by the Board;

(b) The completed and signed CE affidavit form; and

(c) The annual fee for an active, inactive or retired license; and

(d) The annual fee for a natural childbirth certificate if one is held by the licensee.

Stat. Auth.: ORS 685
Stats. Implemented: ORS 685.100
Hist.: NE 2, f. 6-7-59; NE 2-1980, f. & ef. 9-11-80; NE 1-1984, f. & ef. 1-3-84; NE 1-1987(Temp), f. 9-17-87, ef. 10-1-87; NE 1-1988, f. & cert. ef. 3-15-88; NE 1-1996, f. & cert. ef. 10-18-96; BNE 3-1999, f. & cert. ef. 11-1-99; Renumbered from 850-010-0090, BNE 8-2005, f. & cert. ef. 10-27-05; BNE 3-2008, f. 4-21-08, cert. ef. 6-10-08

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.

Stat. Auth.: ORS 685
Stats. Implemented:
Hist.: NE 2, f. 6-7-59; Renumbered from 850-010-0110, BNE 8-2005, f. & cert. ef. 10-27-05

850-030-0195

License Renewal Requirements

All Naturopathic physicians licensed under ORS Chapter 685, whether active or inactive or retired must complete an annual renewal form furnished by the Board. Specific requirements for each license status, renewal procedures and requirements are as follows:

(1) A Naturopathic physician holding an initial license:

(a) Must complete the renewal form furnished by the Board; and

(b) Pay the annual renewal fee according to OAR 850-030-0090 and 850-030-0035; and

(c) Is exempt from completing CE in the initial year of licensure.

(2) A licensee doing an accredited residency for at least six months in the calendar year must:

(a) Complete the annual renewal form furnished by the Board; and

(b) Pay the annual renewal fee according to OAR 850-030-0090 and 850-030-0035; and

(c) Provide proof of an accredited residency to meet the CE requirement for an active license.

(3) A Naturopathic physician holding a certificate to practice natural childbirth must complete at least 15 hours of CE each year in obstetrics and sign an affidavit furnished by the Board confirming these hours. The 15 hours in obstetrics may be used to satisfy the requirement of an active license in 850-030-0195(4). The licensee must provide proof of current certification in neonatal resuscitation annually with the renewal.

(4) To maintain an active license, a licensee must:

(a) Complete the annual renewal form furnished by the Board; and

(b) Pay the annual renewal fee according to OAR 850-030-0090 and 850-030-0035; and

(c) Complete Board approved CE as required under OAR 850-040-0210 for an active license each year and submit a signed affidavit furnished by the Board confirming this.

(5) At least 10 of the required CE hours must be in the pharmacology of legend drugs.

(6) A Naturopathic physician holding an inactive license must:

(a) Complete the renewal form furnished by the Board; and

(b) Pay the annual renewal fee per OAR 850-030-0035; and

(c) Complete at least 10 hours of Board approved CE each year and submit a signed affidavit furnished by the Board confirming these hours.

(7) A retired status Naturopathic license, upon completing the renewal form furnished by the Board and paying the annual renewal fee for a retired license is not required to complete CE for renewal.

(8) By November 1, the Board will send to all licensees an annual renewal form to the last mailing address on record. For a renewal to be timely, a licensee must submit to the Board a completed renewal application postmarked no later than December 15 each year. A completed renewal application consists of the completed renewal form, the annual license fee if due, and the late fee, if appropriate, and the completed affidavit confirming completion of continuing education as required under sections (1) through (5) of this rule. Failure to meet the December 15 deadline shall result in a late fee of $100, which must be submitted with the renewal application form. Any licensee who does not receive the renewal form by November 15 should notify the Board. It is the licensee's duty to obtain and submit the renewal form in a timely manner.

(9) The license of any licensee who fails to submit a completed renewal application by December 31 shall lapse, effective at midnight, December 31.

(10) Licensees must maintain for a period of at least five years, full and accurate records including verification of attendance to support hours reported on the signed affidavit.

(11) Each year the Board will audit a number of license renewals. These licensees will be asked to provide their CE documents to verify the signed affidavit. Licensee must provide CE records and verifications that will document compliance with the renewal requirements.

(12) To apply for reinstatement of a license from inactive to active status a licensee must:

(a) Complete the reinstatement form furnished by the Board; and

(b) Pay the appropriate fees per ORS 685.100 and OAR 850-030-0035, and

(c) Submit an affidavit confirming completion of continuing education as follows:

(A) If the license is inactive for 12 months or less, the licensee must demonstrate completion of the required hours of approved continuing education during the past 12 months for an active license, with 10 of these hours in pharmacology; and

(B) If the license is inactive for more than one year, licensee must provide an additional five hours of approved continuing education for each subsequent year or partial year that the license was inactive, in addition to the 10 hours of CE required by OAR 850-030-0195(6).

(d) If license is inactive for more than five years, licensee must take and pass the state jurisprudence and formulary examinations furnished by the Board.

(13) After January 1, the Board may reinstate a license that has been lapsed for one year or less, upon submission of the affidavit of continuing education as required for an active license, completion of the renewal form furnished by the Board and paying the appropriate fees per ORS 685.100 and OAR 850-030-0035.

(14) Any licensee who has allowed a license to lapse for more than 12 months must apply and meet the qualifications under ORS 685.060 through 685.085 for licensure.

Stat. Auth.: ORS 685.125
Stats. Implemented: ORS 685.100
Hist.: BNE 1-2003, f. & cert. ef. 2-14-03; Renumbered from 850-010-0195, BNE 8-2005, f. & cert. ef. 10-27-05; BNE 3-2008, f. 4-21-08, cert. ef. 6-10-08; BNE 4-2009, f. & cert. ef. 10-6-09; BNE 5-2009(Temp), f. & cert. ef. 10-13-09 thru 12-31-09; BNE 6-2009, f. 11-2-09, cert. ef. 1-1-10; OBNM 4-2013, f. & cert. ef. 11-5-13

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