justicedao/ipfs_state_laws huggingface dataset:
333-022-2090 HIV Case Management: Client Enrollment Review (1) A client must participate with the agency at least every six months in reviewing the client’s eligibility and enrollment information for HIV case management services, and at any time the agency deems it necessary within an eligibility period. (2) An individual who does not provide an agency with the information necessary to verify continued eligibility may not receive supportive services until continued eligibility is documented. Statutory/Other Authority: ORS 413.042, 431.250 & 431.830 Statutes/Other Implemented: ORS 431.250 & 431.830 History: PH 29-2014, f. 11-10-14, cert. ef. 12-1-14
333-022-2100 HIV Case Management: Incarcerated Applicants or Clients (1) An individual who is incarcerated may not be enrolled in the HIV Case Management Program and may not continue to be enrolled in the program except as described in section (2) of this rule. (2) An agency may enroll or continue to provide services to an individual who is incarcerated in order to facilitate an HIV positive inmate’s transition from a correctional facility to the community under the following circumstances: (a) The incarcerated person will be released within 180 days; and (b) There are no other transitional case management or discharge planning services provided by the correctional facility. Statutory/Other Authority: ORS 413.042, 431.250 & 431.830 Statutes/Other Implemented: ORS 431.250 & 431.830 History: PH 29-2014, f. 11-10-14, cert. ef. 12-1-14
333-022-2110 HIV Case Management: Termination (1) A client enrolled in the HIV Case Management Program may be terminated from the program for any of the following: (a) Failure to continue to meet eligibility requirements; (b) Placement in a custodial institution for more than 180 days, such as a state or federal prison that is legally obligated to provide medical services; (c) Cannot be located or is unresponsive to program requests for more than 60 days; (d) Submitting false, fraudulent or misleading information in order to obtain or retain benefits; (e) Fraudulent use of supportive services; or (f) Consistent documented violations of the responsibilities outlined in OAR 333-022-2070. (2) If an agency proposes to terminate an individual from the program it must notify the individual in writing, and the individual must be informed of their hearing rights per ORS 183.415. An appeal must be submitted to the local or state authority to arrange the hearing. Statutory/Other Authority: ORS 413.042, 431.250 & 431.830 Statutes/Other Implemented: ORS 431.250 & 431.830 History: PH 29-2014, f. 11-10-14, cert. ef. 12-1-14
333-022-2120 HIV Case Management: Hearings A client who has been terminated has a right to a contested case hearing in accordance with ORS Chapter 183. Statutory/Other Authority: ORS 413.042, 431.250 & 431.830 Statutes/Other Implemented: ORS 431.250 & 431.830 History: PH 29-2014, f. 11-10-14, cert. ef. 12-1-14
333-022-3000 Oregon Housing Opportunity in Partnership Program (1) The Oregon Housing Opportunities in Partnership (OHOP) program provides housing services to eligible applicants who have received a medical diagnosis of HIV or AIDS. OHOP assists clients in achieving and maintaining housing stability so as to avoid or reduce homelessness and improve their access to, and engagement in, HIV care and treatment. OHOP is designed to promote client housing stability and act as a bridge to long-term assistance programs, such as Section 8, or to self-sufficiency. Participation in OHOP is voluntary and conditional. (2) The OHOP program is funded through grants from the U.S. Department of Housing and Urban Development and other funds. OHOP is a needs-based program and not an entitlement program. (3) The OHOP program is administered and operated in accordance with the OHOP Program Policy and Procedures Manual, Version 2, dated June 2022, adopted and incorporated by reference. The Manual may be obtained by visiting www.healthoregon.org/hiv. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.014 & 431.250 Statutes/Other Implemented: ORS 431.250 History: PH 199-2022, amend filed 09/16/2022, effective 09/16/2022 PH 14-2015, f. 8-28-15, cert. ef. 9-3-15
333-023-0800 Purpose The purpose of the Prescription Drug Monitoring Program rules (OAR 333-023-0800 through 333-023-0830) is to define operational processes of a prescription drug monitoring program. Statutory/Other Authority: ORS 431A.855 Statutes/Other Implemented: ORS 431A.855 History: PH 208-2018, minor correction filed 05/07/2018, effective 05/07/2018 Renumbered from 410-121-4000, PH 28-2015, f. 12-29-15, cert. ef. 1-1-16 DMAP 6-2011, f. & cert. ef. 5-5-11
333-023-0815 Notification to Patients Using language provided by the Authority, a pharmacy shall notify each patient receiving a controlled substance about the Prescription Drug Monitoring Program before or when the controlled substance is dispensed to the patient. The notification shall include that the prescription will be entered into the system. Statutory/Other Authority: ORS 431A.855 Statutes/Other Implemented: ORS 431A.855 History: PH 209-2018, minor correction filed 05/07/2018, effective 05/07/2018 Renumbered from 410-121-4015, PH 28-2015, f. 12-29-15, cert. ef. 1-1-16 DMAP 6-2011, f. & cert. ef. 5-5-11
333-023-0825 Practitioner Registration Requirements (1) A practitioner with an active United States Drug Enforcement Agency (DEA) registration to prescribe in Oregon must register with the Prescription Drug Monitoring Program in accordance with OAR 333-023-0820(8) in order to have access to the Program’s electronic system. (2) A practitioner who becomes licensed on or after July 1, 2018, and who has an active DEA registration must register with the Program as specified in section (1) of this rule, within 30 calendar days of Oregon licensure or DEA registration, whichever is later. Statutory/Other Authority: OL 2018, ch. 45 Statutes/Other Implemented: OL 2018, ch. 45 History: PH 232-2018, adopt filed 07/02/2018, effective 07/02/2018 PH 101-2018, temporary adopt filed 04/05/2018, effective 04/05/2018 through 09/15/2018
333-024-0005 Purpose These rules (OAR 333-024-0005 through 333-024-0055 and 333-024-0260 and 333-024-0265) are for the purpose of carrying out ORS Chapter 438, the declarative purpose of which is to insure the quality of medical laboratory work in order to protect the health and welfare of the people of the State of Oregon by establishing a regulatory program for clinical laboratories. Statutory/Other Authority: ORS 438.450 Statutes/Other Implemented: ORS 438.030 & 438.450 History: HD 28-1988, f. & cert. ef. 12-7-88 HB 248, f. 6-30-70, ef. 7-25-70
333-024-0016 Licensure Categories (1) The four categories of clinical laboratories are: (a) A waived laboratory which may perform only the following; dipstick or tablet reagent urinalysis (nonautomated), fecal occult blood, ovulation test-visual color comparison tests for human luteinizing hormone, urine pregnancy test-visual color comparison tests, erythrocyte sedimentation rate (nonautomated), hemoglobin-copper sulfate (nonautomated), blood glucose (by glucose monitoring devices cleared by the Food and Drug Administration specifically for home use), spun microhematocrit, and hemoglobin and glucose by Hemocue, Chemtrak Accumeter cholesterol, body fluid occult blood, nitrazine pH paper for all body fluids except blood or any other tests which are categorized as waived for CLIA laboratories, by the Health Care Financing Administration and Centers for Disease Control and Prevention: (A) A waived laboratory is exempt from personnel requirements, proficiency testing and routine on-site inspections; (B) A waived laboratory shall follow manufacturer’s instructions for test performance: (b) A physician performed microscopy procedure laboratory which may perform only tests in the waived category and the following: wet mounts (for presence or absence of bacteria, fungi, parasites and human cellular elements), all potassium hydroxide (KOH) preparations, pinworm examinations, fern tests, post-coital direct examinations of vaginal or cervical mucus, nasal smears for granulocytes, qualitative post-vasectomy semen analysis limited to presence or absence of sperm and motility, fecal leukocyte examinations, and urine sediment examinations, or any other tests which are categorized as provider-performed microscopy procedures for CLIA laboratories, by the Health Care Financing Administration and Centers for Disease Control and Prevention: (A) A physician performed microscopy laboratory is exempt from routine on-site inspections; (B) A physician performed microscopy laboratory shall follow manufacturer’s instructions for test performance; (C) A physician performed microscopy laboratory shall meet the applicable requirements for quality control, proficiency testing, quality assurance, records and reports. (c) A moderate complexity laboratory which may perform waived, physician performed microscopy procedures, and tests identified as moderate complexity by the Health Care Financing Administration and the Centers for Disease Control and Prevention; (d) A high complexity laboratory which may perform all categories of testing including the specialties of cytogenetics, cytology, pathology, histocompatibility and radiobioassay. (2) Any test not listed in the waived, physician performed microscopy procedures or moderate complexity category is high complexity. (3) The category of any test may be obtained from the Division. Statutory/Other Authority: ORS 438.110 Statutes/Other Implemented: ORS 438.110 History: HD 6-1995, f. & cert. ef. 9-13-95 HD 20-1994, f. & cert. ef. 7-20-94
333-024-0020 Licensure for Performance of Laboratory Specialties (1) Licensure for the performance of surgical pathology, autopsy pathology, exfoliative cytology, and immunohematology (except as provided in section (4) of this rule) shall be granted only to a laboratory whose Director is a physician or dentist specifically qualified in these fields. (2) A clinical laboratory testing for substances of abuse shall be licensed under ORS 438.435(4) and comply with OAR 333-024-0305 through 333-024-0350, except when performing tests for the purpose of diagnosis, prevention of disease or treatment of patients by physicians, dentists and other persons who are authorized by license to diagnose or treat humans. (3) Licensure for the performance of substances of abuse testing in clinical laboratories shall be granted only to a laboratory whose Director qualifies under OAR 333-024-0320(1). Statutory/Other Authority: ORS 438.120 Statutes/Other Implemented: ORS 438.120 History: HD 28-1988, f. & cert. ef. 12-7-88 HB 248, f. 6-30-70, ef. 7-25-70
333-024-0023 Qualifications and Responsibilities of Consultants, Supervisors and Testing Personnel for Moderate and High Complexity Laboratories (1) Moderate complexity laboratory technical and clinical consultants shall meet the minimal qualifications and fulfill the responsibilities described in the Clinical Laboratory Improvement Amendments of 1988, 42 CFR, Part 493, Subpart M. (2) High complexity laboratory clinical consultants, general and technical supervisors, and cytology general supervisors shall meet the minimal qualifications and fulfill the responsibilities as described in the Clinical Laboratory Improvement Amendments of 1988, 42 CFR, Part 493, Subpart M. (3) All testing personnel shall meet the minimal qualifications and fulfill the responsibilities as described in the Clinical Laboratory Improvement Amendments of 1988, 42 CFR, Part 493, Subpart M. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 438.040 Statutes/Other Implemented: ORS 438.040 History: PH 5-2026, minor correction filed 01/07/2026, effective 01/07/2026 HD 6-1995, f. & cert. ef. 9-13-95 HD 20-1994, f. & cert. ef. 7-20-94
333-024-0045 Venereal Disease Testing Tests for syphilis approved by the Division are as follow: (1) Venereal Disease Research Laboratory (VDRL) slide tests; (2) Fluorescent Treponemal Antibody — Absorption (FTA-ABS) test; (3) Rapid Plasma Reagin (RPR) and Reagin Screen Test (RST) macroscopic flocculation card tests; (4) Hemagglutination-Treponemal Test for Syphilis (HATTS); (5) Microhemagglutination Assay for Antibodies to Treponema pallidum (MHA-TP) test; (6) Unheated Serum Reagin (USR) test; (7) Toluidine Red Unheated Serum Test (TRUST). Statutory/Other Authority: ORS 433.017 & 438.010 Statutes/Other Implemented: ORS 438.010 History: HD 7-1990, f. & cert. ef. 3-21-90 HD 28-1988, f. & cert. ef. 12-7-88 HD 3-1982, f. & ef. 2-25-82 HB 248, f. 6-30-70, ef. 7-25-70
333-024-0055 Incompetence A clinical laboratory Owner or Director has “demonstrated incompetence” if there is: (1) Repeated error demonstrated in the performance of laboratory tests or procedures or the results thereof; (2) Failure to comply with the requirements of these rules relating to internal and external quality control; (3) Failure to comply with the ORS 438 or OAR 333-024-0005 through 333-024-0055 and 333-024-0260 and 333-024-0265; (4) Work assigned to personnel not qualified to perform in that specialty; (5) Repeated erroneous reporting of test results. Statutory/Other Authority: ORS 438.160 Statutes/Other Implemented: ORS 438.160 History: HD 28-1988, f. & cert. ef. 12-7-88 HB 248, f. 6-30-70, ef. 7-27-70
333-024-0260 Alpha-Fetoprotein Testing and Other Serum and Amniotic Fluid Based Markers for Congenital/Genetic Defects: Purpose (1) OAR 333-024-0260 through 333-024-0265 shall apply to the assay of Maternal Serum Alpha-Fetoprotein (MSAFP), Amniotic Fluid Alpha-Fetoprotein (AFAFP), Serum Human Chorionic Gonadotropin, Unconjugated Estriol, Amniotic Fluid Acetylcholinesterase or other related markers for the purposes of congenital/genetic screening. (2) All sections of Clinical Laboratory OAR 333-024-0005 through 333-024-0055 shall apply. Statutory/Other Authority: ORS 438.040 Statutes/Other Implemented: ORS 438.040 History: PH 6-2026, minor correction filed 01/07/2026, effective 01/07/2026 HD 6-1995, f. & cert. ef. 9-13-95 HD 28-1988, f. & cert. ef. 12-7-88
333-024-0265 Alpha-Fetoprotein Testing and Other Serum and Amniotic Fluid Based Markers for Congenital/Genetic Defects: Procedure (1) Prior to performing patient screening, the laboratory shall have available documentation of its expertise with the assays of MSAFP, AFAFP, Serum Human Chorionic Gonadotropin, Unconjugated Estriol, Amniotic Fluid Acetylcholinesterase or other related markers for the purposes of congenital/genetic screening. (2) Each laboratory shall establish reference data based on the laboratory’s own test results for normal MSAFP, AFAFP, Serum Human Chorionic Gonadotropin, Unconjugated Estriol, Amniotic Fluid Acetylcholinesterase or other related markers for medically applicable times throughout the pregnancy. (3) When required for calculation or interpretation of results, protocols shall be developed and implemented for adjusting test values for variables such as: gestational age, maternal weight, diabetic status, race or other factors. (4) At least annually, the laboratory shall: (a) Review the most recent patient test results; (b) Compare current patient test data to previous results to ascertain changes in the median and dispersion of values; (c) Investigate the causes of variation; (d) Make corrections as needed; and (e) Calculate and review percentages of abnormal results. (5) Laboratories shall obtain and use in the calculation and interpretation, where applicable, at least the following information on each patient: (a) Date of birth; (b) An accurate estimation of gestational age, and method used for this determination; (c) Patient’s weight at the time the sample was obtained; (d) Whether the patient is an insulin-dependent diabetic (IDDM); (e) Patient’s racial extraction; (f) Date sample was collected; (g) Patient history of multiple gestations; and (h) Other pertinent medical information. (6) The multiples of the median (MOM) shall be calculated using the laboratory’s own reference data for each medically applicable time during gestation. (7) Patient reports shall include information as indicated in section (5) of this rule. Additional information shall include: (a) Defects screened for; (b) Risk or cutoff used for determination of abnormal results; (c) Interpretation of results; and (d) Any other medically relevant information necessary for the interpretation of results. (8) Policies shall be established for timely reporting of all results to the individual authorized to receive the patient’s results. Statutory/Other Authority: ORS 438.040 Statutes/Other Implemented: ORS 438.040 History: PH 7-2026, minor correction filed 01/07/2026, effective 01/07/2026 HD 6-1995, f. & cert. ef. 9-13-95 HD 28-1988, f. & cert. ef. 12-7-88
333-024-0305 Testing for Substances of Abuse: Purpose and Scope OAR 333-024-0305 through 333-024-0365 are for the purpose of carrying out ORS 438.435 regarding substance of abuse testing in order to protect the people of the State of Oregon. OAR 333-024-0315 through 333-024-0350 establishes a regulatory program for laboratories performing medical testing or non-medical testing by automated methods to ensure the quality of testing. OAR 333-024-0360 sets standards for substance of abuse testing in correctional institutions or programs. OAR 333-024-0365 establishes a registry for entities performing non-medical substance of abuse screening using easily portable screening tests. Statutory/Other Authority: ORS 438.435 Statutes/Other Implemented: ORS 438.435 History: PH 8-2026, minor correction filed 01/07/2026, effective 01/07/2026 HD 13-1997, f. & cert. ef. 10-16-97 HD 5-1992, f. & cert. ef. 5-15-92 HD 28-1988, f. & cert. ef. 12-7-88
333-024-0320 Testing for Substances of Abuse: Qualifications and Responsibilities of Directors (1) The director of a substances of abuse screening laboratory shall meet one of the following qualifications: (a) Is a pathologist certified in clinical pathology by the American Board of Pathology, the American Osteopathic Board of Pathology, or is eligible for such certification; (b) Is a physician with two or more years of clinical chemistry experience, with one year in toxicology; (c) Has an earned degree of Doctor of Science (ScD), Doctor of Public Health (DrPH) or Doctor of Philosophy (PhD) in chemistry or biochemistry and has two or more years of clinical chemistry training or experience with one year in toxicology; (d) Is certified or is eligible for certification by the American Board of Clinical Chemistry or by the American Board of Forensic Toxicology; (e) Has an earned master of science degree in medical technology, chemistry, or biochemistry and has three or more years of clinical chemistry training or experience, with one year of pertinent experience in toxicology; (f) Has a bachelor of science, bachelor of technology or bachelor of arts degree in medical technology, chemistry or biochemistry, and has four or more years of clinical chemistry training or experience, with one year experience in toxicology; (g) Has directed substance of abuse screening for at least 12 months within the four years preceding January 1, 1987, and has at least two years of pertinent experience in toxicology. (2) The director of an SOA screening laboratory shall be responsible for the quality of the work. This shall include, but not be limited to, the following: (a) Monthly review and documentation of quality control data; (b) Review and documentation of external proficiency testing within 30 days of receipt of the final report; (c) Review and documentation of procedure manuals and relevant texts initially and also whenever there is a change in method or policy; (d) Validation of new procedures prior to reporting test results; (e) Review and documentation of preventive maintenance of equipment; (f) Review of additional quality assurance items; (g) Assure that qualified technical personnel perform the tests; and (h) Assure the competency of all testing personnel annually. (3) The director of an SOA screening laboratory shall require the submitter to indicate the need for confirmatory testing as described in ORS 438.435(6). (4) A person shall not serve individually as director of more than five substances of abuse screening laboratories. (5) Those individuals qualifying under 333-024-0320(1)(g) must have applied to the Division by January 1, 1989. Statutory/Other Authority: ORS 438.050, 438.130, 438.435(4), 438.435(5) & 438.435(6) Statutes/Other Implemented: ORS 438.210, 438.220 & 438.435 History: HD 13-1997, f. & cert. ef. 10-16-97 HD 6-1995, f. & cert. ef. 9-13-95 HD 20-1994, f. & cert. ef. 7-20-94 HD 5-1992, f. & cert. ef. 5-15-92 HD 28-1988, f. & cert. ef. 12-7-88
333-024-0325 Testing for Substances of Abuse: Incompetence An SOA laboratory owner or director has “demonstrated incompetence” if there is: (1) Repeated error demonstrated in the performance of laboratory tests or procedures or the results thereof; (2) Failure to comply with the requirements of OAR 333-024-0335 and 333-024-0340 relating to internal and external quality control; (3) Failure to comply with ORS 438.435 or any regulations pertaining to the laboratory; (4) Work assigned to personnel not qualified to perform in that specialty; (5) Repeated erroneous reporting of test results. Statutory/Other Authority: ORS 438.050, 438.130, 438.435(4), 438.435(5) & 438.435(6) Statutes/Other Implemented: ORS 438.160 & 438.435 History: HD 5-1992, f. & cert. ef. 5-15-92 HD 28-1988, f. & cert. ef. 12-7-88
333-024-0340 Testing for Substances of Abuse: External Quality Control (Proficiency Testing Program and On-Site Inspections) (1) Licensed SOA laboratories shall: (a) At the laboratory’s own expense, be required to participate satisfactorily in the proficiency testing programs of the College of American Pathologists, or the American Association of Bioanalysts, or such other substantially equivalent testing program as may be approved by the Division involving substances of abuse testing and make available to the Division all test results; (b) Be required to participate satisfactorily if required in the proficiency testing programs conducted by the Division involving substances of abuse testing; (c) Analyze test samples submitted by the Division prior to, during, or subsequent to inspection if requested to the Division; (d) Achieve satisfactory results on test samples in agreement with reference laboratories or within stated acceptable limits and which results shall be reviewed by the Division. Continued or consistent failure two out of three periods may result in the laboratory’s license being withdrawn by the Division until satisfactory performance is demonstrated; and (e) Ensure that proficiency samples are tested by regularly assigned personnel using routine methods. A specified time shall be allowed for such testing and reporting of results. (2) Biennial on-site inspections may be conducted by representatives of the Division at reasonable times during the laboratory’s normal business hours without advance notice. The representative shall inspect the facilities, personnel policies, procedures, materials, staff qualifications, equipment and records. (3) The owner or director of an SOA laboratory may be required to submit reports on the operations and procedures of the laboratory. (4) Additional inspections may be performed without notice to verify correction of deficiencies, investigate complaints, review unsatisfactory proficiency testing and verify personnel qualifications or other monitoring of compliance with OAR 333-024-0305 through 333-024-0350. Statutory/Other Authority: ORS 438.320 & 438.435 Statutes/Other Implemented: ORS 438.320 & 438.435 History: HD 13-1997, f. & cert. ef. 10-16-97 HD 6-1995, f. & cert. ef. 9-13-95 HD 20-1994, f. & cert. ef. 7-20-94 HD 28-1988, f. & cert. ef. 12-7-88