OAG 80-53.

• Case Date: April 11, 1980
• Court: Oregon

Oregon Attorney General Opinions 1980. OAG 80-53. 392OPINION NO. 80-53[40 Or. Op. Atty. Gen. 392]No. 7887April 11, 1980Mr. Ralph E. Hibbs, M.D.ChairpersonBoard of Medical ExaminersFIRST QUESTION PRESENTEDIs there any indication in the Oregon statutes that the legislature intended to authorize chiropractors and naturopaths to purchase, prescribe, dispense or393 use prescription drugs, including local anesthetic and antiseptic substances, in their practice?ANSWER GIVENChiropractors and naturopaths are specifically authorized to use local anesthetic and antiseptic substances in connection with minor surgery and radiopaque substances for X-ray diagnosis. Absent any statutory limitation, all of these substances may be purchased and used whether or not they happen to be prescription drugs. Chiropractors and naturopaths may not, however, purchase (on their own authority) or use any prescription drugs other than the substances specifically permitted, use the permitted substances in a manner not authorized by statute, or prescribe or dispense any drugs. Naturopaths are permitted to purchase, use, prescribe and dispense nonpoisonous plant substances.SECOND QUESTION PRESENTEDAre drugs manufactured from nonpoisonous plant substances, or synthetic drugs chemically identical to the active ingredients of nonpoisonous plant substances, themselves "nonpoisonous plant substances" as that term is used in ORS 685.010(2)?ANSWER GIVENWe cannot answer this question, because it is not within our authority or ability to define "nonpoisonous plant substances" as that term is used in ORS 685.010(2). See discussion.THIRD QUESTION PRESENTEDAre chiropractors and naturopaths allowed by Oregon law to purchase and use controlled substances?ANSWER GIVENNot at present, except that naturopaths may purchase and use any controlled substances which are nonpoisonous plant substances. See discussion.FOURTH QUESTION PRESENTEDMay chiropractors and naturopaths use injectable anesthetics in connection with minor surgery?ANSWER GIVENYes.FIFTH QUESTION PRESENTEDOAR 850-10-005(4) allows naturopaths "to prescribe and dispense Nature's agents, forces, processes, and products." Does this rule violate the statutes governing naturopaths, ORS ch 685?ANSWER GIVENThis rule can be interpreted to be consistent with ORS ch 685, but it is vague enough to be interpreted in a way violating the statutes. It should be amended. 394SIXTH QUESTION PRESENTEDIs it possible for naturopaths and chiropractors to use nonprescription local anesthetic and antiseptic substances instead of prescription substances for minor surgery?ANSWER GIVENIt may be possible but the applicable statutes do not restrict their use of anesthetics and antiseptics to nonprescription substances. DISCUSSION The first question asks whether there is any indication in the Oregon statutes that the legislature intended to authorize chiropractors and naturopaths to purchase, prescribe, dispense or use prescription drugs, including local anesthetic and antiseptic substances, in their practice. Chiropractors and naturopaths are regulated by ORS ch 684 and 685, respectively. ORS 684.015(3) provides that no chiropractor "shall administer or write prescriptions for, or dispense drugs." A similar prohibition, relating to naturopaths, appears in ORS 685.030(2).(fn1) For chiropractors, "drugs" is defined in ORS 684.010(3) as follows: " 'Drugs' means all medicines and preparations and all substances, except food, water and nutritional supplements taken orally, used or intended to be used for the diagnosis, cure, treatment, mitigation or prevention of diseases or abnormalities of man, which are recognized in the latest editions of the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia, official National Formulary, or any supplement to any of them, or otherwise established as drugs."The definition of "drugs" in the statute governing naturopaths is substantially the same, with one significant exception:" 'Drugs' means all medicines and preparations and all substances, except nonpoisonous plant substances, . . ." ORS 685.010(2). (Emphasis added.)The definition of "chiropractic" in ORS 684.010(2) includes minor surgery, and " 'Minor surgery' means the use of electrical or other methods for the surgical repair and care incident thereto of superficial lacerations and abrasions, benign superficial lesions, and the removal of foreign bodies located in the superficial structures; and the use of antiseptics and local anesthetics in connection therewith." (Emphasis added.) ORS 684.010(4).Minor surgery with the identical definition, ORS 685.010(3), is also included in the definition of "naturopathy," ORS 685.010(4). ORS 684.025(1) provides, for chiropractors, that"Nothing in this chapter shall be deemed to prevent one licensed under this chapter from the administration of the anesthetics or antiseptics authorized in subsection (3)(fn2) of ORS 684.010 or the use of radiopaque substances administered by mouth or rectum necessary for Roentgen diagnostic purposes."ORS 685.030(3) contains a comparable provision applicable to naturopaths.On the basis of the specific authority granted by these statutes we have previously concluded that despite general statutory prohibitions against administration, dispensation or prescription of drugs by...