ORS Chapter 670 - Oregon Statutes

TITLE 52

OCCUPATIONS ANDPROFESSIONS

 

 

Chapter     670.     Occupationsand Professions Generally

                  671.     Architect;Landscape Professions and Business

                  672.     ProfessionalEngineers; Land Surveyors; Photogrammetrists; Geologists

                  673.     Accountants;Tax Consultants and Preparers

                  674.     RealEstate Appraisers and Appraisal

                  675.     Psychologists;Occupational Therapists; Certified Sex Offender Therapists; Regulated SocialWorkers; Licensed Professional Counselors and Marriage and Family Therapists

                  676.     HealthProfessions Generally

                  677.     Regulationof Medicine, Podiatry and Acupuncture

                  678.     Nurses;Nursing Home Administrators

                  679.     Dentists

                  680.     DentalHygienists; Denturists

                  681.     Hearingand Speech Professionals

                  682.     Regulationof Ambulance Services and Emergency Medical Personnel

                  683.     Optometrists;Opticians

                  684.     Chiropractors

                  685.     Naturopaths

                  686.     Veterinarians;Veterinary Technicians

                  687.     MassageTherapists; Direct Entry Midwives

                  688.     Therapeuticand Technical Services: Physical Therapists; Medical Imaging Practitioners andLimited X-Ray Machine Operators; Hemodialysis Technicians; Athletic Trainers;Respiratory Therapists

                  689.     Pharmacists;Drug Outlets; Drug Sales

                  690.     CosmeticProfessionals

                  691.     Dietitians

                  692.     FuneralService Practitioners; Embalmers; Death Care Consultants; FuneralEstablishments; Cemetery and Crematory Operators

                  693.     Plumbers

                  694.     HearingAid Specialists

                  695.     WatchDealers

                  696.     RealEstate and Escrow Activities

                  697.     CollectionAgencies; Check-Cashing Businesses; Debt Management Service Providers

                  698.     Auctions

                  699.     Innkeepersand Hotelkeepers

                  700.     EnvironmentalHealth Specialists; Waste Water Specialists

                  701.     ConstructionContractors and Contracts

                  702.     StudentAthlete Agents

                  703.     TruthVerification and Deception Detection; Investigators

                  704.     Outfittersand Guides

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OCCUPATIONSAND PROFESSIONS

 

 

Chapter 670 — Occupationsand Professions Generally

 

2009 EDITION

 

 

OCCUPATIONSAND PROFESSIONS GENERALLY

 

EDUCATIONALREQUIREMENTS

 

670.010     Waiverof educational requirement for admission to examination for license orcertificate to practice profession, trade or calling

 

670.020     Filingevidence of complete educational requirement after taking examination

 

LICENSINGADMINISTRATION

 

(Generally)

 

670.275     Policystatement

 

670.280     Denial,suspension or revocation of license based on criminal conviction; denial oflicense or imposition of discipline for conduct substantially related tofitness and ability of applicant or licensee

 

670.283     Powerof state agency to suspend license includes power to reinstate

 

670.290     Prohibiteduses of juvenile records in employment, licensing or admission

 

670.300     Licensingand advisory board officers; quorum and meeting requirements; compensation andexpenses of members

 

670.304     Applicationof ORS 670.300 to 670.380

 

670.306     Administrativeofficers for boards; other employees

 

670.310     Rulemakingauthority; board seal

 

670.315     Administrationof oaths; obtaining and taking evidence at board proceedings; effect of failureto obey board subpoena

 

670.325     Proceedingson denial of license; restraining violations; authority of administrative lawjudge; record of proceedings

 

670.335     Dispositionof fees received by boards; procedure for payment of board expenses

 

670.345     Procedurefor filling vacancies on board

 

670.350     Administrationof professional qualification examinations

 

(ReciprocalAgreements)

 

670.380     Whenreciprocal licensing or registration agreements authorized; termination

 

INDEPENDENTCONTRACTORS

 

670.600     Independentcontractor defined

 

670.605     Rulesfor application of definition of independent contractor

 

670.610     Refereesin recreational soccer matches considered independent contractors

 

INTERAGENCYCOMPLIANCE NETWORK

 

670.700     Agenciesin network; duties of network

 

670.705     Reporting

 

EDUCATIONALREQUIREMENTS

 

      670.010Waiver of educational requirement for admission to examination for license orcertificate to practice profession, trade or calling. Any state boardor commission that examines applicants for license or certification to practicea profession or engage in a trade or calling may, in its discretion, waive theeducational requirement for admission to such examination, provided that theapplicant furnishes evidence satisfactory to such state board or commissionthat the applicant is currently enrolled in a school, college or universityapproved by such state board or commission and will satisfy the educationalrequirement for admission to such examination on satisfactory completion ofcourses for which the applicant is currently enrolled and that this educationalrequirement will be met not later than four calendar months from the first dayof the month following the month in which the examination is given. [1953 c.103§1; 1975 c.429 §5; 1977 c.47 §1]

 

      670.020Filing evidence of complete educational requirement after taking examination. (1) Evidence ofcompletion of the educational requirement waived as provided in ORS 670.010shall be filed with such state board or commission not later than four calendarmonths from the first day of the month following the month in which theexamination is taken. State boards and commissions shall withhold officialcertification of the successful completion of the examination until suchevidence is furnished. The affidavit of the registrar or administrative head ofthe school, college or university shall be deemed satisfactory evidence.

      (2)If any candidate admitted to an examination as provided in ORS 670.010 shallfail or neglect within said period to complete the educational requirement forsuch examination, then the completion of the examination by such candidateshall be null and void, and of no effect. The state board or commission whichexamined the candidate, however, shall retain any examination fee paid by thecandidate. [1953 c.103 §2; 1975 c.429 §6; 1981 c.89 §19]

 

      670.210 [1967 c.344 §1;1971 c.648 §31; repealed by 1981 c.76 §1]

 

      670.220 [1967 c.344 §§2,3;1971 c.648 §32; repealed by 1981 c.76 §1]

 

      670.230 [1967 c.344 §4;repealed by 1981 c.76 §1]

 

      670.240 [1967 c.344 §5;repealed by 1981 c.76 §1]

 

LICENSINGADMINISTRATION

 

(Generally)

 

      670.275Policy statement.In enacting chapter 753, Oregon Laws 1971, it is the intention of theLegislative Assembly to provide for the more effective coordination of theadministrative functions of boards charged with responsibility for protectingthe public through the licensing and regulating of certain professionspracticed in this state. Further, it is the intention of the LegislativeAssembly to retain responsibility for decisions on qualifications, standards ofpractice, licensing, discipline and other discretionary functions relating toprofessional activities in the professional licensing boards, members of whichare qualified by education, training and experience to make the necessaryjudgments. [Formerly 184.575]

 

      Note: LegislativeCounsel has substituted “chapter 753, Oregon Laws 1971,” for the words “thisAct” in section 1, chapter 753, Oregon Laws 1971, compiled as 670.275 [Formerly184.575]. Specific ORS references have not been substituted pursuant to173.160. These sections may be determined by referring to the 1971 ComparativeSection Table located in Volume 20 of ORS.

 

      670.280Denial, suspension or revocation of license based on criminal conviction;denial of license or imposition of discipline for conduct substantially relatedto fitness and ability of applicant or licensee. (1) As used inthis section:

      (a)“License” includes a registration, certification or permit.

      (b)“Licensee” includes a registrant or a holder of a certification or permit.

      (2)Except as provided in ORS 342.143 (3) or 342.175 (3), a licensing board,commission or agency may not deny, suspend or revoke an occupational orprofessional license solely for the reason that the applicant or licensee hasbeen convicted of a crime, but it may consider the relationship of the factswhich support the conviction and all intervening circumstances to the specificoccupational or professional standards in determining the fitness of the personto receive or hold the license.

      (3)Except as provided in ORS 342.143 (3) and 342.175 (3), a licensing board,commission or agency may deny an occupational or professional license or imposediscipline on a licensee based on conduct that is not undertaken directly inthe course of the licensed activity, but that is substantially related to thefitness and ability of the applicant or licensee to engage in the activity forwhich the license is required. In determining whether the conduct issubstantially related to the fitness and ability of the applicant or licenseeto engage in the activity for which the license is required, the licensingboard, commission or agency shall consider the relationship of the facts withrespect to the conduct and all intervening circumstances to the specificoccupational or professional standards. [1973 c.359 §1; 1991 c.662 §6a; 2003c.749 §13; 2009 c.386 §5]

 

      670.283Power of state agency to suspend license includes power to reinstate. If a stateagency, board or commission has the power to issue any license, certification orregistration necessary to practice any profession or engage in any trade orcalling, any statute granting the state agency, board or commission the powerto suspend the license, certification or registration includes the power toreinstate:

      (1)At a time certain; or

      (2)When the person subject to suspension fulfills conditions for reinstatement setby the agency, board or commission. [1979 c.201 §1]

 

      670.285 [1975 c.759 §10;renumbered 183.435]

 

      670.290Prohibited uses of juvenile records in employment, licensing or admission. It shall beunlawful for any state agency or licensing board, including the Oregon StateBar, to:

      (1)Require that an applicant for employment, licensing or admission answer anyquestions regarding the existence or contents of a juvenile record that hasbeen expunged pursuant to ORS 419A.260 and 419A.262;

      (2)Bar or discharge from employment or refuse to hire or employ such individualbecause of the existence or contents of a juvenile record that has beenexpunged pursuant to ORS 419A.260 and 419A.262; or

      (3)Deny, revoke or suspend a license because of the existence or contents of ajuvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. [1977c.801 §2; 1983 c.820 §16; 1993 c.33 §360]

 

      670.300Licensing and advisory board officers; quorum and meeting requirements;compensation and expenses of members. (1) Except as otherwise provided bylaw, each professional licensing and advisory board shall select annually oneof its members as chairperson and another as vice chairperson, with such powersand duties necessary for the performance of the functions of such offices asthe board shall determine.

      (2)The majority of the members of the board constitutes a quorum for thetransaction of business.

      (3)The board shall meet at least once a year, not later than July 1, at a place,day and hour determined by the board. The board shall also meet at such othertimes and places as are specified by the call of the chairperson or a majorityof the members of the board.

      (4)Members of the board are entitled to compensation and expenses as provided inORS 292.495. [1971 c.753 §8; 1987 c.414 §95]

 

      670.304Application of ORS 670.300 to 670.380. Except as otherwise specificallyprovided, ORS 670.300 to 670.380 apply to the following professional licensingand advisory boards:

      (1)Professional licensing and advisory boards established in the Office of theSecretary of State.

      (2)The Oregon Board of Maritime Pilots.

      (3)The Board of Cosmetology, in the Oregon Health Licensing Agency.

      (4)The State Board of Architect Examiners.

      (5)The State Landscape Contractors Board.

      (6)The State Board of Examiners for Engineering and Land Surveying.

      (7)The State Landscape Architect Board.

      (8)The State Board of Geologist Examiners.

      (9)The State Board of Tax Practitioners.

      (10)The Oregon Board of Accountancy.

      (11)The Construction Contractors Board. [1987 c.414 §94; 1991 c.67 §176; 1993 c.744§241; 1997 c.3 §2; 1997 c.21 §1; 1999 c.425 §28; 1999 c.885 §19; 2001 c.160 §1;2005 c.648 §49; 2007 c.71 §219; 2007 c.768 §66]

 

      670.305 [1971 c.753 §9;repealed by 1973 c.659 §1 (670.306 enacted in lieu of 670.305)]

 

      670.306Administrative officers for boards; other employees. (1) Subsections(2) and (3) of this section shall apply only to the following professionallicensing boards:

      (a)State Board of Architect Examiners.

      (b)Construction Contractors Board.

      (c)State Board of Examiners for Engineering and Land Surveying.

      (d)State Landscape Architect Board.

      (e)State Landscape Contractors Board.

      (f)Oregon Board of Accountancy.

      (g)State Board of Tax Practitioners.

      (2)A board shall fix the qualifications of and appoint an administrative officer.The determination of qualifications and appointment of an administrativeofficer shall be made after consultation with the Governor.

      (3)An administrative officer of a board shall not be a member of that board.

      (4)Subject to the applicable rules of the State Personnel Relations Law, the boardshall fix the compensation of its administrator, who shall be in theunclassified service.

      (5)Subject to applicable rules of the State Personnel Relations Law, theadministrative officer shall appoint all subordinate employees, prescribe theirduties and fix their compensation. [1973 c.659 §2 (enacted in lieu of 670.305);1975 c.429 §7; 1975 c.464 §1; 1981 c.821 §2; 1987 c.414 §96; 1993 c.744 §242;1995 c.79 §338; 1997 c.3 §3; 1997 c.21 §2; 1999 c.59 §199; 1999 c.322 §41; 2007c.768 §67]

 

      670.310Rulemaking authority; board seal. (1) Except as otherwise provided by lawand in accordance with any applicable provisions of ORS chapter 183, eachprofessional licensing board and advisory board may make such rules as arenecessary or proper for the administration of the laws such board is chargedwith administering.

      (2)Each professional licensing board and advisory board may adopt a seal. [1971c.753 §10; 1987 c.414 §97]

 

      670.315Administration of oaths; obtaining and taking evidence at board proceedings;effect of failure to obey board subpoena. (1) Except as otherwise providedby law, each professional licensing board or advisory board, acting through itschairperson or vice chairperson or an administrative law judge, may administeroaths, take depositions and issue subpoenas to compel the attendance of witnessesand the production of books, papers, records, memoranda or other informationnecessary to the carrying out of the laws the board is charged withadministering.