justicedao/ipfs_state_laws huggingface dataset:
409-030-0230 Training Standards (1) Students must complete all listed trainings in advance of the start date of the students’ initial clinical placement. See Table 1 for additional descriptions and recommended training resources. (2) Students must complete the following steps for trainings that require certification: (a) Complete an in-person training program in cardiopulmonary resuscitation (CPR), also known as Basic Life Support (BLS), at the healthcare provider level. On-line training will not meet this requirement. Training programs for CPR/BLS must include the following components: (A) 1-Rescuer CPR and AED for adult, child and infant; (B) 2-Rescuer CPR and AED for adult, child and infant; (C) Differences between adult, child and infant rescue techniques; (D) Bag-mask techniques for adult, child and infant; (E) Rescue breathing for adult, child and infant; (F) Relief of choking for adult, child and infant; (G) CPR with an advanced airway; and (H) Skills testing. (b) Provide verified documentation as to the successful completion of CPR/BLS training, and (c) Maintain current certification for CPR/BLS during the clinical placement. (3) Health profession programs must provide documentation or a signed statement that the student has received prior training, taken educational courses, or is otherwise familiar with the following: (a) The Health Insurance Portability and Accountability Act (HIPAA) (b) Bloodborne Pathogen training that is compliant with the federal Occupational Safety and Health Administration (OSHA) requirements. (c) Infection prevention practices for all clinical care, including all the elements of the CDC’s Standard Precautions and Transmission-Based Precautions pertaining to hand hygiene, appropriate selection and use of personal protective equipment (PPE), respiratory hygiene/cough etiquette principles, appropriate patient placement, cleaning and disinfection of patient care equipment, devices, and environment, safe handling of textiles and laundry, safe injection practices (if relevant to scope of practice), and transmission-based precautions, including contact, droplet, and airborne restrictions. (d) Federal OSHA recommended safety guidelines, including: (A) Fire and electrical safety; (B) Hazard communications. (4) Health profession programs shall provide documentation of completed trainings, as requested by clinical sites. (5) Clinical sites may require students to complete additional site-specific trainings or on-boarding procedures, including: (a) Site-specific privacy and confidentiality trainings. (b) Site-specific orientation trainings and on-boarding procedures, such as facility-specific protocols for safety, security, documentation systems, and standards of behavior or signing a non-disclosure statement. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 1-2025, amend filed 03/25/2025, effective 03/25/2025 OHP 5-2023, amend filed 12/28/2023, effective 12/28/2023 OHP 24-2019, amend filed 11/06/2019, effective 11/15/2019 OHP 4-2015, f. & cert. ef. 7-1-15 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0240 Insurance and Liability Coverage (1) Prior to clinical training, students or health profession programs must demonstrate that students have one of the following types of coverage and that the coverage will remain in place for the entire duration of each placement: (a) Professional liability insurance coverage, and (b) General liability insurance coverage; or (c) Coverage under a combined policy for professional and general liability insurance. (2) A health profession program may offer coverage for students through a self-insurance program or the student may obtain coverage individually. (3) Health profession programs shall maintain records related to insurance and provide them to clinical sites, as requested. (4) Prior to clinical placement, it is recommended but not required that students obtain some form of health insurance coverage, such as personal major medical insurance or Workers’ Compensation insurance provided by the health profession program, and that the coverage remain in place for the entire duration of each placement. Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0250 Information Sharing or Use of Data (1) Only clinical sites that have a contractual agreement with a student’s training program may access the documentation and evidence related to completion of the administrative requirements. (2) Students must provide written, signed permission that explicitly allows the sharing of required documents and necessary evidence with clinical sites, including but not limited to any release required under HIPAA or other applicable laws to disseminate the student’s personal health information under these rules. (3) Dissemination of information received under these rules may only be made to individuals with a demonstrated and legitimate need to know the information. Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 24-2019, amend filed 11/06/2019, effective 11/15/2019 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-035-0000 Purpose of the Physician Visa Waiver Program The purpose of the Physician Visa Waiver program is to make recommendations to the United States Department of State to waive the foreign country residency requirement of foreign medical graduates on behalf of physicians holding visas who seek employment in federally designated areas having a shortage of physicians. These rules set forth the requirements for Oregon to make requests to waive the foreign country residency requirement as authorized under 8 U.S.C. secs. 1182(e) and 1184(l). Statutory/Other Authority: ORS 413.248 Statutes/Other Implemented: ORS 413.248 History: OHP 9-2022, amend filed 12/06/2022, effective 12/06/2022 Renumbered from 333-005-0000 by OHP 7-2010, f. 12-29-10, cert. ef. 1-1-11 PH 11-2004, f. 3-25-04, cert. ef. 3-29-04 PH 14-2003(Temp), f. 9-25-03 cert. ef. 10-1-03 thru 3-29-04
409-035-0010 Definitions For the purposes of this Division, the following definitions apply: (1) "Application" means the Physician Visa Waiver Program application form and supporting documentation. (2) “Authority” means the Oregon Health Authority. (3) "Department of State" means the federal agency that reviews J-1 waiver applications. (4) “Flex Option” means the placement of a physician in an area that is not a federally designated shortage area, who will serve patients living in designated shortage areas, as determined by the Health Resources and Services Administration. (5) "Health Care Facility" means the clinic or hospital that employs the J-1 physician. (6) "Health Services and Resources Administration" (HRSA) means the branch of the Department of Health and Human Services that designates federal shortage areas. (7) "Health Care Shortage Area" means a geographic area or site approved by HRSA. Categories include Health Professional Shortage area (HPSA), Medically Underserved Area (MUA), and Medically Underserved Population (MUP). (8) "J-1 Application" means the application form and supporting material submitted jointly by the health care facility and the J-1 physician to the Authority. (9) "J-1 Physician" means allopathic or osteopathic physician who is requesting a waiver of the two-year foreign country residency requirement in order to practice in a facility in Oregon that is either located in a federally designated shortage area or serves patients living in designated shortage areas. (10) "Low Income" means a patient whose income does not exceed 200% of the current Federal Poverty Guidelines (see: https://aspe.hhs.gov/poverty). (11) "Mental Health Facility" means an agency that provides mental health services in an outpatient, residential, or hospital setting. (12) “Oregon Health Plan” means the joint Federal/State entitlement program, enacted in 1965 as Title XIX of the Social Security Act, that pays for medical care on behalf of certain groups of low-income persons, as operated in Oregon. (13) "Primary Care Physician" means a physician licensed in Oregon to practice family medicine, general internal medicine, obstetrics and gynecology, pediatrics, or general psychiatry. (14) "United States Citizenship and Immigration Services” means the agency that replaced the Immigration and Naturalization Service, effective March 1, 2003. Statutory/Other Authority: ORS 413.248 Statutes/Other Implemented: ORS 413.248 History: OHP 9-2022, amend filed 12/06/2022, effective 12/06/2022 Renumbered from 333-005-0010 by OHP 7-2010, f. 12-29-10, cert. ef. 1-1-11 PH 11-2004, f. 3-25-04, cert. ef. 3-29-04 PH 14-2003(Temp), f. 9-25-03 cert. ef. 10-1-03 thru 3-29-04
409-035-0030 Physician Participation Requirements To qualify for consideration by this program the physician must: (1) Obtain a Department of State case number prior to submitting an application to the Authority; (2) Submit a completed application that: (a) Documents having, or having applied for, an active Oregon medical license. If the residency or fellowship is not completed, the license application may be listed as “pending”; (b) Includes either a "No Objection" letter from the home country, or a statement that the physician is not contractually obligated to return to the home country; (c) Includes a signed and dated statement certifying that the physician does not have any other pending J-1 waiver requests; (d) Includes a copy of the medical degree or diploma; (e) Includes legible copies of all DS 2019 Forms; (f) Includes a curriculum vitae that documents the physician's date of birth, city and country of birth. Statutory/Other Authority: ORS 413.248 Statutes/Other Implemented: ORS 413.248 History: OHP 9-2022, amend filed 12/06/2022, effective 12/06/2022 Renumbered from 333-005-0030 by OHP 7-2010, f. 12-29-10, cert. ef. 1-1-11 PH 11-2004, f. 3-25-04, cert. ef. 3-29-04 PH 14-2003(Temp), f. 9-25-03 cert. ef. 10-1-03 thru 3-29-04
409-035-0040 Application Review Process (1) The Authority shall review completed health care facility applications that meet all requirements of 409-035-0020. Potential physician participants must meet all requirements set forth in 409-035-0030. (2) The following factors shall be considered in determining whether to recommend a request for waiver of the foreign country residency requirement: (a) The type of medicine to be practiced. (b) Applications from community health centers with HPSA scores below 7 and from mental health facilities shall receive priority. (c) Geographic distribution of physicians. To the extent possible, the Authority shall attempt equitable distribution of waiver requests for eligible areas of the state. The number of physicians already working under waivers or recommended for waivers in a particular geographic area shall be taken into consideration. (d) Distribution of physicians among employers. The Authority may limit the number of slots to six per employer (as defined by EIN) in a program year. (e) Facility patient profile. The health care facility's percentage of patient visits which are covered by the Oregon Health Plan, Medicare, or are low income, uninsured. (3) The Authority shall return incomplete applications, including application fees to the health care facility applying for the waiver. The Authority shall process completed resubmitted applications, including fees, as of the new date of receipt. (4) The Authority shall review each completed application and notify the health care facility of the results within 15 business days of receiving the application. (5) The Authority shall forward the recommended waiver requests to the United States Department of State. The United States Department of State shall forward waiver requests recommended for approval to the United States Citizenship and Immigration Services, which shall determine whether to grant or deny the waiver. (6) The Authority may reallocate positions based on a review of current access needs in the state. The Authority may also recommend or decline to recommend a waiver request. Statutory/Other Authority: ORS 413.248 Statutes/Other Implemented: ORS 413.248 History: OHP 9-2022, amend filed 12/06/2022, effective 12/06/2022 OHP 13-2018, amend filed 09/30/2018, effective 10/01/2018 OHP 1-2015, f. 1-15-15, cert. ef. 2-1-15 Renumbered from 333-005-0040 by OHP 7-2010, f. 12-29-10, cert. ef. 1-1-11 PH 11-2004, f. 3-25-04, cert. ef. 3-29-04 PH 14-2003(Temp), f. 9-25-03 cert. ef. 10-1-03 thru 3-29-04
409-035-0050 Monitoring and Follow-up Requirements To maintain participation in the Physician Visa Waiver Program the health care facility must: (1) Notify the Authority in writing as soon as the physician starts work. (2) Promptly submit annual reports signed by the physician and the Chief Executive Officer of the health care facility or their designee. These reports shall include: (a) Verification that the physician is employed full-time; (b) A current breakdown of patient visits from Oregon Health Plan members, Medicare, and low-income uninsured patients served by the physician; and (c) The current number of Oregon Health Plan member visits as a percentage of the total patient visits at the facility. (3) The first report is due one year after employment begins, and annually thereafter, until the term of the contract is complete. Failure to submit timely, accurate reports may result in a report of non-compliance to the United States Citizenship and Immigration Services; and may adversely affect the facility’s eligibility for future participation in the program. (4) Notify the Authority immediately of any change or prospective change in the physician’s employment status. (5) Allow Authority auditors access to health care facility and physician records. Statutory/Other Authority: ORS 413.248 Statutes/Other Implemented: ORS 413.248 History: OHP 9-2022, amend filed 12/06/2022, effective 12/06/2022 OHP 21-2019, amend filed 09/27/2019, effective 10/21/2019 OHP 13-2018, amend filed 09/30/2018, effective 10/01/2018 Renumbered from 333-005-0050 by OHP 7-2010, f. 12-29-10, cert. ef. 1-1-11 PH 11-2004, f. 3-25-04, cert. ef. 3-29-04 PH 14-2003(Temp), f. 9-25-03 cert. ef. 10-1-03 thru 3-29-04
409-035-0060 Transfer of J-1 Waiver Physician Obligation (1) A physician who is granted a visa waiver and who encounters a practice failure due to extenuating circumstances may, with Authority approval, finish the three-year service obligation at another approved health care facility. A written notification of the intended transfer must be submitted to the Authority documenting the need for the transfer before the transfer takes place. Failure to submit written notification prior to a transfer may adversely affect the facility’s eligibility for future participation in the program. (2) The notification must include the reason for transfer, proposed new employer, the health care facility director's name, practice name, address, telephone number, and proposed date of transfer. (3) The original employer must provide a letter releasing the physician from the employment contract and providing an explanation for the termination. The Authority may waive this requirement if the original employer is in non-compliance with federal requirements, federal or state law, or with these rules. (4) The new employer must: (a) Provide a letter of intent to employ the physician; (b) Provide a copy of the new employment contract; (c) Meet health care facility participation requirements as set forth in these rules; (d) Work with the physician to jointly submit annual Verification of Employment forms as required by the Authority. Statutory/Other Authority: ORS 413.248 Statutes/Other Implemented: ORS 413.248 History: OHP 9-2022, amend filed 12/06/2022, effective 12/06/2022 Renumbered from 333-005-0060 by OHP 7-2010, f. 12-29-10, cert. ef. 1-1-11 PH 11-2004, f. 3-25-04, cert. ef. 3-29-04 PH 14-2003(Temp), f. 9-25-03 cert. ef. 10-1-03 thru 3-29-04
409-036-0000 Purpose and Scope These rules (OAR 409-036-0000 to 409-036-0150) establish the Health Care Provider Incentive Program within the Oregon Health Authority. The program offers incentives to qualified health providers who commit to serving the health care needs of medical assistance and Medicare enrollees in both rural and non-rural underserved areas of the state. Statutory/Other Authority: ORS 676.454 Statutes/Other Implemented: ORS 676.454 History: OHP 4-2019, minor correction filed 07/25/2019, effective 07/25/2019 OHP 4-2017, adopt filed 12/23/2017, effective 01/02/2018
409-036-0020 Types of Incentives Offered Under the Program The types of incentives provided under this program include: (1) Loan Repayment subsidies that meet the requirements of OAR 409-036-0030; to support the retention of health care providers in the area; (2) Loan Forgiveness payments to support the expansion of health care workforce capacity in rural areas of the state; (3) Scholarships for students in health professional training programs at the Oregon Health and Science University in a manner consistent with ORS 348.303 and meet the requirements in OAR 409-036-0040 to help students locate in rural and non-rural underserved areas; (4) Scholarships for students in health professional training programs at other institutions of higher learning to help students locate in rural and non-rural underserved areas; (5) Community Workforce Assistance Grants to support recruitment and retention of providers who will deliver care that supports the opportunity for people to be healthy; (6) Medical malpractice insurance premium subsidies that meet the requirements in OAR 409-036-0050 and enable providers to remain practicing in rural areas of the state; and (7) Other incentives as identified and directed by the Board. Statutory/Other Authority: ORS 676.454 Statutes/Other Implemented: ORS 676.454 History: OHP 7-2022, amend filed 08/31/2022, effective 08/31/2022 OHP 2-2022, temporary amend filed 03/04/2022, effective 03/06/2022 through 09/01/2022 OHP 6-2019, minor correction filed 07/25/2019, effective 07/25/2019 OHP 4-2017, adopt filed 12/23/2017, effective 01/02/2018
409-036-0030 Eligibility Criteria specific to Loan Repayment Subsidies (1) An eligible provider may receive a loan repayment subsidy if they are not at the same time receiving loan repayment or forgiveness under a separate, competing service obligation pursuant to ORS 676.460. (2) The Authority may offer loan repayment subsidies based on the most recent Health Care Workforce needs assessment conducted by the Board, as identified in Oregon Laws 2017, Chapter 718. Statutory/Other Authority: ORS 676.454 Statutes/Other Implemented: ORS 676.454 History: OHP 7-2019, minor correction filed 07/25/2019, effective 07/25/2019 OHP 4-2017, adopt filed 12/23/2017, effective 01/02/2018
409-036-0040 Eligibility Criteria specific to Scholarships for Students in Health Professional Training Programs at Other Institutions of Higher Learning (1) Public and private institutions of higher learning in Oregon not governed by ORS 348.303 may make available scholarships using rules developed by the institution subject to the approval of the Authority that specify: (a) The maximum amount of the scholarship; (b) The duration of the scholarship; (c) That scholarships shall only be available to students who commit to practicing in Oregon in areas identified by the Authority as needing providers; (d) That successful awardees agree to serve as ambassadors for the program during participation; and (e) That successful awardees may be asked to develop a project during their training that relate to delivery and promising practices that lead to improved health. (2) All scholarships under this rule shall be available for future health professionals who will deliver health services in Oregon. (3) Institutions must use scholarship money for the scholarships and funds may not be used to pay for administrative costs. Statutory/Other Authority: ORS 676.454 Statutes/Other Implemented: ORS 676.454 History: OHP 7-2022, amend filed 08/31/2022, effective 08/31/2022 OHP 2-2022, temporary amend filed 03/04/2022, effective 03/06/2022 through 09/01/2022 OHP 8-2019, minor correction filed 07/25/2019, effective 07/25/2019 OHP 4-2017, adopt filed 12/23/2017, effective 01/02/2018
409-036-0060 Participation and Application Requirements (1) Loan repayment, loan forgiveness and scholarship recipients must agree to serve at a qualifying practice site. (2) Loan Repayment recipients may commit to practice full-time or part-time in a qualifying practice site for the duration of the contract. Subject to approval by the Authority, the initial agreement may be renewed for additional years of service. (3) To qualify for consideration for loan repayment an eligible provider must submit an application that: (a) Documents the individual having, or having applied for, an unrestricted license or certification (if required) to practice in Oregon within their discipline; (b) Includes a signed and dated statement certifying that the individual is not currently participating in the National Health Services Corps (NHSC), NurseCorps, State Loan Repayment Program or the NHSC Scholarship Program, or is working under another current service obligation; and (c) Provides all other information required by the program to determine the suitability of making an award from program funds. (4) An applicant for loan repayment subsidies that is currently employed at an eligible practice site or has an employment contract with an eligible practice site shall submit a letter attesting the site has submitted an application for participation and meets eligibility requirements for the program and provide other information as requested by the Authority. (5) Providers receiving an insurance subsidy must serve Medicaid and Medicare patients in no less than the same proportion of such patients in the county or other service area, as determined by the Authority up to a maximum of 50 percent with at least 25 percent of which is Medicaid. Statutory/Other Authority: ORS 676.454 Statutes/Other Implemented: ORS 676.454 History: OHP 7-2022, amend filed 08/31/2022, effective 08/31/2022 OHP 1-2021, amend filed 03/29/2021, effective 03/29/2021 OHP 10-2019, minor correction filed 07/25/2019, effective 07/25/2019 OHP 4-2017, adopt filed 12/23/2017, effective 01/02/2018