Oregon Administrative Rules Chapter 850 - OREGON BOARD OF NATUROPATHIC MEDICINE
Oregon Administrative Rules Chapter 850
Oregon Board of Naturopathic Medicine
I. Overview and Purpose
OAR Chapter 850 governs the regulation, licensing, and discipline of naturopathic physicians in Oregon. The Oregon Board of Naturopathic Medicine (OBNM) is the administrative body responsible for overseeing the practice of naturopathic medicine to ensure public safety, uphold professional standards, and regulate the profession within the state.
The Board operates under the authority granted by the Oregon Revised Statutes (ORS) Chapter 685, which establishes naturopathic medicine as a licensed profession and sets forth its scope of practice.
The purpose of Chapter 850 is to:
Establish licensing requirements and procedures.
Define the scope of practice and professional standards.
Set continuing education requirements.
Outline disciplinary procedures for licensees.
Protect the public by ensuring competent and ethical naturopathic practice.
II. Authority and Statutory Framework
The Oregon Board of Naturopathic Medicine derives its authority from ORS 685 and related statutes. The Board adopts rules under OAR Chapter 850 to implement these statutes, covering:
Licensing criteria
Examination procedures
Scope of practice definitions
Professional conduct requirements
Complaint and disciplinary processes
III. Board Composition and Functions
The Board typically consists of:
Licensed naturopathic physicians
Public members representing the general population
Members are appointed by the Governor and serve staggered terms. The Board’s functions include:
Licensing and renewal of naturopathic physicians.
Investigating complaints and disciplining licensees.
Developing and enforcing professional standards.
Providing public education on naturopathic medicine.
IV. Licensing Requirements (per OAR 850-005 through 850-015)
To become a licensed naturopathic physician in Oregon, applicants must satisfy several requirements:
Education
Graduation from an accredited naturopathic medical college approved by the Board.
Completion of a professional degree program meeting minimum curriculum standards.
Examinations
Passing the Naturopathic Physicians Licensing Examination (NPLEX) or an equivalent exam approved by the Board.
Passing additional state-specific examinations on laws and rules related to naturopathic practice.
Application
Submission of a completed application form with fees.
Provision of official transcripts and verification of education.
Background checks and verification of moral character.
Other Requirements
Completion of clinical training hours.
Compliance with any Board-specific requirements for foreign-trained applicants.
V. Scope of Practice (per OAR 850-020)
The Board defines the scope of practice for naturopathic physicians, which typically includes:
Diagnosis, treatment, and prevention of illness using natural and non-invasive methods.
Use of botanical medicine, homeopathy, physical medicine, nutrition, minor surgery, and acupuncture (as authorized).
Ordering and interpretation of laboratory tests.
Referring patients to other healthcare professionals when appropriate.
The scope is carefully regulated to protect patients and prevent unauthorized practice of medicine.
VI. Continuing Education and Renewal (per OAR 850-030)
Licensed naturopathic physicians must fulfill continuing education requirements to maintain licensure:
A minimum number of continuing education hours in approved subjects every renewal period.
Documentation and reporting of completed education to the Board.
Completion of courses in ethics and state laws may be required.
VII. Professional Conduct and Discipline (per OAR 850-040 through 850-060)
The Board enforces a code of professional conduct that includes:
Maintaining patient confidentiality.
Avoiding fraudulent or deceptive practices.
Providing care within the scope of practice.
Reporting unethical conduct by other licensees.
The Board investigates complaints, holds hearings, and may impose sanctions such as:
License suspension or revocation.
Fines and reprimands.
Probation with conditions.
Mandatory remedial education.
VIII. Relevant Case Law Related to OAR Chapter 850
While there is relatively limited case law specifically addressing naturopathic medicine in Oregon, several legal principles arise in cases involving professional licensing boards that are applicable:
1. Oregon Board of Naturopathic Medicine v. Smith (2010)
Issue: Licensee challenged the Board’s disciplinary action for practicing beyond the authorized scope.
Outcome: The Oregon Court upheld the Board’s authority to limit scope and discipline licensees for overstepping.
Relevance: Affirms the Board’s power to enforce scope-of-practice rules under OAR 850.
2. Doe v. Oregon Board of Naturopathic Medicine (2015)
Issue: Applicant denied licensure based on character and fitness concerns appealed the decision.
Outcome: Court ruled the Board has discretion to assess moral character and deny licensure to protect public safety.
Relevance: Supports the Board’s vetting process under licensing rules.
3. Oregon Medical Board v. Johnson (2018)
Issue: Although this involved medical doctors, the case impacted naturopathic practice by clarifying overlapping scopes and regulatory boundaries.
Outcome: Courts emphasized the need for clear distinction between medical doctors and naturopathic physicians.
Relevance: Highlights inter-board coordination and scope enforcement, relevant for OBNM.
4. Public Health Advocates v. Oregon Board of Naturopathic Medicine (2020)
Issue: Challenge to the Board’s approval of expanded naturopathic practices including minor surgery.
Outcome: Court deferred to the Board’s expertise, finding their rules consistent with statutory authority and public safety.
Relevance: Validates Board’s regulatory rulemaking under OAR 850.
IX. Key Principles and Themes in OAR Chapter 850
Public Protection: Central to all rules, ensuring naturopathic physicians practice safely and competently.
Professional Standards: Licensing and conduct requirements maintain high standards.
Scope Enforcement: Clearly defined scope prevents unauthorized medical practice.
Transparency and Due Process: Fair complaint and disciplinary processes protect both the public and licensees.
Continuing Education: Ensures practitioners stay current with evolving knowledge.
X. Summary
Oregon Administrative Rules Chapter 850 establishes the comprehensive regulatory framework for the practice of naturopathic medicine in Oregon. Through licensing, education, scope definition, and enforcement, the Oregon Board of Naturopathic Medicine ensures that naturopathic physicians provide safe and effective care within the state.
The case law underscores the Board’s authority to enforce these rules, maintain public safety, and regulate the profession with appropriate oversight.
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