FAQ for SB 856: Updates to 100+ Statutes Now Include NDs
Tuesday, December 19, 2017
Posted by: Beth Martin
What is this new law?
SB 856 modernizes over 100 places in statute where the law has not kept up with the evolving scope of practice of naturopathic doctors.
What will the new law do?
SB 856 allows naturopathic physicians to perform certain actions that allopathic physicians are authorized to perform.
When will the new law go into effect?
January 1, 2018.
What about communication with the governing agencies?
Government agencies also have until March 1st, 2018 to modify any rules necessary to comply with the law. OANP will be working with many agencies in the next 6 months and will roll out announcements and updates to make sure you are ready for some of the biggest changes.
What exactly has changed?
We divided up the statutes by topic, and have listed them all here for you to read through.
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STATUTE CHANGES BY TOPIC:
Administration of Care
Add clarification that “emergency and non-emergency care” means acts/procedures on person, etc., in administration of care or medications prescribed by MD/DO and adds NDs
Alternative Health Services:
Deletes DNs from list of “complementary and alt health services”.
Adds NDs to providers who can NOT be contacted with patient health data from research trials.
- Adds NDs to list of providers that a correctional facility could employ to review medical plans, dietary and nutritional needs, conduct physical exams, etc.
- Allows Corrections facility to contract with ND as well as MD/DO for medical care.
- Allows ND to do report, exam, etc. for purposes of conveyance/transfer of inmate.
- Clarifies that NDs can do assessments for inmates for labor in a forest camp.
- Adds NDs to providers who can treat persons convicted of a sex crime in a medical treatment program.
Clarifies that definition of “physician” includes NDs in determining implied bias of a “physician/patient” relationship for jury selection process.
Department of Agriculture:
- Adds NDs to providers who may do exams for purposes of Dept. of Ag, food handlers, suspected of infectious or contagious diseases
- Adds NDs to providers who may furnish health certificate to employee suspected of having communicable disease who works in food handling or refrigerated locker plant.
Department of Human Services (DHS)
- Adds NDs to providers that DHS is required to provide information & education to regarding programs & accepting referrals.
- Clarifies that DHS/OHA should provide education & consultation services to NDs treating seniors and persons with disabilities.
- Adds NDs to providers who can provide a variety of services, reporting, sign off forms, child abuse medical assessments, etc. for children in foster care, adoptive families, who are wards of the court, etc.
- Clarifies that NDs can conduct exam of child suspected of abuse.
- Adds NDs to providers required to report unsanitary conditions in nursing home.
Adds NDs to list of providers that can certify that veterans meet disability requirements for tax exemptions, etc.
Adds NDs to exemptions from licensure as speech therapist/audiologist for performing audiometric testing
Adds patients in clinics of NDs to list of who can be treated by expanded practice dental hygienists &denturists. Essential as more NDs are PCPCH & in CCOs.
Adds NDs to providers who may offer family planning and birth control services, ability to recommend voluntary sterilization and/or abortion or abstain from recommending abortion reporting.
Fees and Payments:
Adds NDs to providers who can receive fees for cystic fibrosis services.
Adds NDs to providers who must inform patients of financial interest in treatment or diagnostic facility to which they refer.
Adds NDs to healthcare professions for purposes of use, reporting, etc. of hazardous substances.
Home Health Agencies and Hospice
Add NDs to list of who can give orders for home health agencies & hospice.
- Adds NDs to list of providers eligible for subsidies for malpractice insurance for rural providers and allocation of those subsidies by specialty.
- Adds NDs to list of providers who have limitations on liability who provide voluntary medical services for accidental death, injury, etc.
- Adds NDs to providers relating to issuance and commissions on life insurance policies.
- Relating to unfair claims, adds NDs to list of providers
- Adds NDs to providers who can provide medical care under discount medical plans for uninsured motorist.
- Adds NDs to providers required to provide information relating to missing persons.
- Adds NDs to providers required to inform law enforcement about certain non-accidental injuries.
- Protects MDs, nurses, etc. from certain liability for providing care at OHSU. Extends that protection to NDs.
- Adds NDs to providers protected for giving emergency medical assistance.
- Adds NDs to providers protected from liability for use of defibrillator in public setting.
Adds NDs to who can attest that patient has medical condition to prevent termination of telecomm services for non-payment.
Clarifies that NDs may make determination that person may or may not qualify as bone marrow donor for medical leave.
Clarifies definition of “physician” to include “naturopathic physician” for purpose of Medicare supplemental plans and preexisting conditions.
- Regarding persons with mental illnesses or developmental disabilities, adds NDs to list of providers who can prescribe, administer drugs, conduct evaluations, be a reference for court actions, etc.
- Re: mental health and addiction programs, clarifies that NDs can be provider in those programs. NDs referenced already in some places but not other, so makes all references consistent.
- Adds NDs to providers who may provide birth control information regardless of age.
- Adds NDs to providers who can advise minor about certain medical concerns without consent of the minor.
- Adds NDs to providers who can treat minors for chemical dependency w/o parental consent
- Adds NDs to providers who can advise parent of minor about certain medical treatment without consent of minor.
- Adds NDs to providers protected from liability for advising parent of medical concerns without minors consent.
Oregon Health Authority (OHA):
· Clarifies “physician” to include NDs for purposes of OHA reimbursement for medical services not covered under prepaid capitation for services by/referred from any “physician”
· Adds NDs to list of providers that OHA may have service contracts with where no CCOs serve
· Adds NDs to providers that OHA may not interfere with individual’s right to select.
· Adds NDs to providers who may distribute OHA material on pre/postnatal care.
Adds ND to def. of physician for purposes of “clinical pharmacy agreements”. Will be increasingly important for PCPCH & CCO care by PCPs.
Physicians Orders for Life Sustaining Treatment (POLST):
- Adds NDs to providers who can sign Advance Directives
- Allows POLST to be signed by NDs
- Adds NDs to providers who can be appointed by hospital for decisions requiring informed consent on behalf of the patient.
Adds NDs to providers required to take blood samples from pregnant women for reasons of disease control, relating to distribution of vaccines in shortages, safety precautions to prevent communicable disease.
Protection from Abuse
- Concerning appointments of visitors in protective proceedings, adds NDs to providers.
- Concerning appointments of guardian for protected persons, adds NDs to providers who can report on medical concerns.
- Clarifies that NDs may give orders to restrain a vulnerable person if needed. Makes statute consistent with 124.050, reporting of abuse.
Allows NDs to give orders for respiratory care services.
- Clarifies that both MD physicians and NDs can authorize sick leave more then 5 consecutive days for school employees.
- Adds NDs as “healthcare professionals” who can evaluate student with concussion for sports.
- Adds NDs to list of providers who can authorize administration of medicine at school.
- Clarifies that NDs can do medical exam for child to receive special education.
Adds NDs to list of providers that a hospital may use to conduct sexual assault exams.
Clarifies that “healthcare professional” that can deal with concussions for sports includes NDs.
- Adds NDs to providers who can give hypodermic needles for cases of substance abuse.
- Adds NDs to providers exempted for offense of failure to report selling or furnishing of a precursor or substance or possession of iodine in elemental form or iodine matrix, or methyl sulfonyl methane.
Adds ND “specializing in women’s health” to list of “women’s healthcare providers,” & allows pt. to designate that provider as their PCP and/or allow direct access to that provider.
Adds NDs to providers who can attest that patient has medical condition that allows them to use employee toilet facilities