68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

HA to A-Eng. SB 238

LC 619

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 238

          By COMMITTEE ON HUMAN RESOURCES AND EDUCATION

                             May 19

  On ****************************page 1 of the printed
A-engrossed bill, line 3, after ' 677.757' insert ', 677.759'.
  On ****************************page 3, line 5, restore 'shall'
and delete 'may'.
  On ****************************page 7, after line 31, insert:
  ' (2) 'Clinical training' means diagnosis and patient treatment
within the scope of ORS 677.757 to 677.770 that takes place:
  ' (a) On the premises of an educational institution;
  ' (b) In a clinical setting located off the premises of an
educational institution under the direct supervision of faculty
of the institution; or
  ' (c) In other clinical settings under the direct supervision
of a clinical supervisor approved by the Board of Medical
Examiners.'.
  In line 32, delete '(2)' and insert '(3)'.
  After line 34, insert:
  ' ****************************  { +  SECTION 15. + } ORS
677.759 is amended to read:
  ' 677.759. (1) No person shall practice acupuncture without
first obtaining a license to practice medicine and surgery or a
license to practice acupuncture from the Board of Medical
Examiners for the State of Oregon except as provided in
  { - subsection (2) - }  { +  subsections (2) and (3) + } of
this section.
  ' (2) Notwithstanding subsection (1) of this section, the board
may issue a license to practice acupuncture to an individual
licensed to practice acupuncture in another state or territory of
the United States if the individual is licensed to practice
medicine and surgery or acupuncture in the other state or
territory. The board shall not issue such a license unless the
requirements of the other state or territory are similar to the
requirements of this state.
  '  { +  (3) Notwithstanding subsection (1) of this section, a
person may engage in clinical training during a period of
enrollment in an Oregon educational institution authorized to
confer a master of acupuncture and Oriental medicine, or other
clinical training approved by the board, without first obtaining
a license to practice medicine and surgery or a license to
practice acupuncture. + }
  '  { - (3) - }  { +  (4) + } The board shall examine the
qualifications of an applicant and determine who shall be
authorized to practice acupuncture.
  '  { - (4) - }  { +  (5) + } Using the term 'acupuncture,'
'acupuncturist, ' ' Oriental medicine' or any other term, title,
name or abbreviation indicating that an individual is qualified
or licensed to practice acupuncture is prima facie evidence of
practicing acupuncture.
  '  { - (5) - }  { +  (6) + } In addition to the powers and
duties of the board described in this chapter, the board shall

adopt rules consistent with ORS 677.757 to 677.770 governing the
issuance of a license to practice acupuncture.'.
  In line 35, delete '15' and insert '16'.
  On ****************************page 8, line 5, delete '16' and
insert '17'.
  After line 10, insert:
  ' ****************************  { +  SECTION 18. + }  { + No
board that licenses medical practitioners may discipline a board
licensee based upon the licensee's development or implementation
of a policy, procedure or directive on behalf of the health care
facility with which the licensee is employed or otherwise
affiliated if:
  ' (1) The health care facility is licensed or otherwise
certified by the state;
  ' (2) The policy, procedure or directive is subject to review
by the agency that licenses or otherwise certifies the health
care facility; and
  ' (3) The policy, procedure or directive is related to the
procedures or management of the health care facility rather than
to direct patient care. + } ' .
  In line 11, delete '17' and insert '19'.
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