justicedao/ipfs_state_laws huggingface dataset:
333-200-0060 Area Trauma Advisory Board Appointments (1) Each ATAB shall consist of at least 15 members who shall be broadly representative of the trauma area as a whole. (2) Appointments to the ATABs shall be in accordance with the provisions of ORS 431A.070. (3) Terms of appointment for ATAB members shall be as follows: (a) Terms shall be for a period of three years; (b) Vacancies shall be filled by appointment by the Authority in concurrence with the Governor; (c) Members may serve unlimited terms at the discretion of the Authority; and (d) Members are subject to removal with cause by the Authority. (4) ATABs may recommend to the Authority that: (a) Membership be expanded in order to improve coordination of the area trauma system; and (b) Provider specialty positions are considered for ATAB appointments. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.070 History: PH 240-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 OHD 6-2000, f. & cert. ef. 5-4-00 HD 7-1995, f. & cert. ef. 11-6-95 HD 9-1993, f. 6-22-93, cert. ef. 7-1-93 HD 5-1987, f. & ef. 6-29-87 HD 17-1985(Temp), f. & ef. 9-20-85
333-200-0070 Approval of Area Trauma System Plans (1) Each ATAB shall recommend to the Authority an area trauma system plan and, when deemed necessary by the Authority or the ATAB, modifications to the plan. (2) Area trauma system plans shall meet the minimum standards established in OAR 333-200-0080. (3) The Authority may grant waivers from one or more standards contained in OAR 333-200-0080, in an area trauma system plan if the ATAB can demonstrate, or the Authority finds that compliance with such standards is inappropriate because of special circumstances which would render compliance unreasonable, burdensome or impractical. Such waivers may be limited in time or may be conditioned as necessary to protect the public welfare. (4) The Authority shall seek the advice of the STAB concerning the approval of area trauma system plans and approval of subsequent proposals for major modifications. (5) All approved area trauma system plans shall be considered the standard of care for the area covered by the plan. (6) Each ATAB shall review its area trauma system plan at least once every five years and submit to the Authority: (a) A copy of the plan; and (b) A description of any proposed changes including a statement about why such changes are necessary. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.060, 431A.065 & 431A.070 History: PH 241-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 OHD 6-2000, f. & cert. ef. 5-4-00 HD 7-1995, f. & cert. ef. 11-6-95 HD 9-1993, f. 6-22-93, cert. ef. 7-1-93 HD 5-1987, f. & ef. 6-26-87
333-200-0235 Trauma Hospital Application (1) Application for a hospital to be categorized as a Level I, II, III or IV trauma hospital shall be submitted in writing on a form prescribed by the Authority. (2) The application process shall provide for at least 60 days in which to complete and submit proposals to the Authority with all supporting information and documents. (3) The Authority’s evaluation of the application shall include: (a) A review of the hospital’s proposal by the Authority or survey team; and (b) A survey conducted by the Authority and survey team of the hospital in accordance with OAR 333-200-0245. (4) The application shall become the property of the Authority and upon completion of the approval process is not subject to disclosure in accordance with ORS 431A.090. (5) The applicant shall have the right to withdraw its application at any time prior to dispositive action by the Authority. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.060, ORS 431A.065 & ORS 431A.090 History: PH 2-2021, amend filed 01/05/2021, effective 01/06/2021 PH 242-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16
333-200-0250 Hospitals Seeking Verification from American College of Surgeons (1) Notwithstanding OAR 333-200-0235 and 333-200-0245, a hospital seeking verification from the American College of Surgeons (ACS) shall submit the following information to the Oregon Health Authority (Authority): (a) Notification of intent to seek verification; (b) Notification of the date and time of the site visit to be conducted by ACS; (c) A copy of the ACS Preview Review Questionnaire; and (d) Any additional information necessary to determine compliance with state specific standards. (2) An Authority representative shall be present at the verification site visit and may request additional information to determine compliance with state specific standards. (3) In accordance with OAR 333-200-0295, the Authority shall provide a written report of the survey findings for state specific standards and a corrective action plan shall be submitted by the hospital to the Authority, if applicable. (4) A hospital shall submit a copy of the ACS verification report to the Authority upon receipt. (5) The Authority may accept ACS verification if the verification is recognized by the Authority as addressing the ACS trauma system standards and any additional state standards identified in these rules. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.060, ORS 431A.065 & ORS 431A.090 History: PH 76-2024, amend filed 10/29/2024, effective 11/01/2024 PH 2-2021, amend filed 01/05/2021, effective 01/06/2021 PH 243-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16
333-200-0255 Waivers (1) The Authority may grant waivers from standards that are established in OAR 333-200-0080, OAR 333-200-0265 or Exhibit 4. Such waivers may be limited in time or may be conditioned as the Authority considers necessary to protect the safety and welfare of the public. (2) If a hospital seeks a waiver to the Authority’s rules, it must submit a request in writing that includes, at a minimum, the following information: (a) The specific rule for which a waiver is requested; (b) The special circumstances relied upon to justify the waiver; (c) Any alternatives that were considered and the reasons those alternatives were not selected; (d) How the proposed waiver will maintain or improve patient health and safety without jeopardizing patient health and safety; and (e) The proposed duration of the waiver. (3) After reviewing the written request, the Authority shall issue its decision in writing. (4) Applicants may not implement any waiver request until approved in writing by the Authority. [ED. NOTE: To view tables referenced in rule text, click here to view rule. ] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.065 History: PH 9-2019, minor correction filed 02/22/2019, effective 02/22/2019 PH 254-2018, amend filed 09/25/2018, effective 09/25/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16
333-200-0265 Trauma System Hospital Responsibilities A trauma system hospital shall: (1) Be responsible for all expenses incurred by the hospital in planning, developing and participating in the trauma system, including attorney fees and costs; (2) Be responsible for all expenses incurred when a re-survey of the hospital is conducted by the Oregon Health Authority (Authority) or its designee(s); (3) Comply with all requirements in these rules, all current state and area trauma system standards, and all policies, protocols and procedures as set forth in the approved area trauma system plan; (4) Comply with any reasonable survey process that the Authority may utilize including but not limited to submission of information such as attestations, electronic medical records, and other documents determined necessary by the Authority to evaluate the hospital's trauma program; (5) Meet or exceed the standards for hospital resources as set forth in Exhibit 4 and hospital activation and transfer criteria as set forth in Exhibits 3 and 5; (6) Provide the resources, personnel, equipment and response required by these rules; (7) Provide care to trauma system patients which is consistent with the standards advocated by the Advanced Trauma Life Support Course, American College of Surgeons, Committee on Trauma; (8) Report to the Oregon Trauma Registry all required data as set forth in the Oregon Trauma Registry Data Dictionary for each and every trauma patient as defined in these rules: (a) Data must be reported within 60 days of death or discharge of that patient; and (b) Data shall be submitted in electronic media using a format prescribed by the Authority. (c) The Authority may, at its sole discretion, permit data submission by alternative means where use of the Authority's prescribed format would impose a severe hardship on the reporting institution. (9) Participate in evaluation and research studies as prescribed by the Authority; (10) Identify and submit to the Authority the name of the individual that will serve as the Trauma Registrar, Trauma Coordinator or Trauma Program Manager, and Trauma Medical Director. Any changes to persons serving in these roles must be reported to the Authority within 60 days. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 431A.065 & ORS 431A.085 Statutes/Other Implemented: ORS 431A.060, ORS 431A.065, ORS 431A.085 & ORS 431A.090 History: PH 76-2024, amend filed 10/29/2024, effective 11/01/2024 PH 26-2024, amend filed 04/05/2024, effective 10/15/2024 PH 2-2021, amend filed 01/05/2021, effective 01/06/2021 PH 10-2019, minor correction filed 02/22/2019, effective 02/22/2019 PH 254-2018, amend filed 09/25/2018, effective 09/25/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16
333-200-0275 Authority Responsibilities When requested, the Authority shall provide statistical reports in formats prescribed by the Authority in consultation with the STAB, to the STAB and ATAB Quality Improvement Committees within 90 days of the close of the calendar quarter following receipt of the data submitted pursuant to OAR 333-200-0265(8). Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.065 History: PH 2-2021, amend filed 01/05/2021, effective 01/06/2021 PH 244-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16
333-200-0285 Violations (1) No person, emergency medical service, medical clinic, or hospital shall by any means advertise, assert, represent, offer, provide or imply that such person, service, clinic or hospital is a trauma system hospital or has the capabilities for providing treatment to trauma patients beyond the status for which the approval has been granted. (2) No trauma system hospital shall in any manner advertise or publicly assert that its trauma approval affects the hospital's care capabilities for non-trauma system patients, nor that the approval should influence the referral of non-trauma system patients. (3) Where a hospital is greater than three months in arrears in reporting required trauma patient data, calculated from the date of patient discharge, the Oregon Health Authority (Authority) may contract with an independent data collection and abstraction service to perform the data collection. The Authority shall assess the trauma system hospital for all costs associated with such collection of required data. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.060, 431A.065 & 431A.090 History: PH 76-2024, amend filed 10/29/2024, effective 11/01/2024 PH 245-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16
333-205-0000 Purpose OAR 333-205-0000 through 333-205-0050 establish standards for the approval and designation of Level I trauma system hospitals in Trauma Area #1. OAR 333-205-0000 through 333-205-0050 establish standards in addition to OAR 333-200-0000 through 333-200-0295. For all standards addressed in both OAR 333-200-0000 through 333-200-0295 and 333-205-0000 through 333-205-0050, the rules contained in OAR 333-205-0000 through 333-205-0050 shall apply. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.050 - 431A.100 History: PH 76-2024, amend filed 10/29/2024, effective 11/01/2024 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 HD 6-1987, f. & ef. 6-26-87
333-205-0010 Designation (1) The designation method of selecting Level I trauma system hospitals shall be implemented in accordance with the provisions of OAR 333-200-0090(2) and (5), 333-200-0235, and 333-200-0245. (2) Written notification of the trauma system hospital designation shall be provided to the applicant by the Oregon Health Authority (Authority). An applicant shall have 30 days from the receipt of notification of non-designation to file a request with the Authority for reconsideration. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.060, ORS 431A.065 & ORS 431A.090 History: PH 76-2024, amend filed 10/29/2024, effective 11/01/2024 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 HD 6-1987, f. & ef. 6-26-87
333-205-0020 Hospital Resource Criteria Trauma system hospitals shall meet or exceed the standards for Hospital Resources as set forth in OAR 333-200-0090, Exhibit 4. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.060, 431A.065 & 431A.090 History: PH 70-2024, minor correction filed 08/21/2024, effective 08/21/2024 PH 11-2019, minor correction filed 02/22/2019, effective 02/22/2019 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 HD 7-1995, f. & cert. ef. 11-6-95 HD 6-1987, f. & ef. 6-26-87
333-205-0040 Number of Facilities (1) The Oregon Health Authority (Authority) shall designate a sufficient number of Level I trauma system hospitals to assure resources within ATAB 1 are routinely available to treat at least four major trauma patients within a 90-minute time period. Major trauma means serious injury caused by external forces which results in death or an injury severity score of 16 or greater, a three-day hospital length of stay, or requires intensive care admission or major surgical procedure within six hours of hospital admission. (2) The Authority shall designate a maximum of two Level I hospitals and shall not designate any Level III or Level IV hospitals in Clackamas, Multnomah and Washington Counties. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.060, ORS 431A.065 & ORS 431A.090 History: PH 76-2024, amend filed 10/29/2024, effective 11/01/2024 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 OHD 6-2000, f. & cert. ef. 5-4-00 HD 7-1995, f. & cert. ef. 11-6-95 HD 9-1993, f. 6-22-93, cert. ef. 7-1-93 HD 6-1987, f. & ef. 6-26-87
333-205-0050 Hospital Designation Criteria (1) The Oregon Health Authority (Authority) shall utilize criteria as set forth in OAR 333-200-0090(5) and may, in addition, utilize the following criteria for selecting trauma system hospitals: (a) Locations of major trauma incidents; and (b) Geographical barriers which impede air or ground transportation. (2) The Authority shall consider the information contained in Resources for Optimal Care of the Injured Patient 2022 Standards, Revised December 2023; Verification, Review and Consultation Program, American College of Surgeons when interpreting the standards for the purpose of designating trauma system hospitals. This publication is not adopted as part of these rules. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.060, ORS 431A.065 & ORS 431A.090 History: PH 76-2024, amend filed 10/29/2024, effective 11/01/2024 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 OHD 6-2000, f. & cert. ef. 5-4-00 HD 7-1995, f. & cert. ef. 11-6-95 HD 9-1993, f. 6-22-93, cert. ef. 7-1-93 HD 8-1988, f. & cert. ef. 4-28-88 HD 6-1987, f. & ef. 6-26-87
333-250-0200 Effective Date and Preemption (1) No person shall operate an ambulance service unless issued an ambulance service license by the Oregon Health Authority, Public Health Division. (2) These rules preempt any local ambulance ordinances and county ambulance service plans that are in conflict. This rule does not prevent a city or county from establishing requirements more stringent than those set forth in these rules. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 Renumbered from 333-250-0000, PH 7-2017, f. & cert. ef. 3-21-17 PH 2-2007, f. & cert. ef. 2-1-07 OHD 7-2001, f. & cert. ef. 4-24-01 HD 18-1994, f. 6-30-94, cert. ef. 7-1-94
333-250-0215 Review of License Application (1) In reviewing an application for a license to operate an ambulance service, the Oregon Health Authority (Authority) shall: (a) Verify compliance with ORS chapter 682; ORS 820.300 through ORS 820.380; OAR chapter 333, division 255; OAR 847-035-0020 through 0025 and these rules; and (b) Conduct an on-site licensing survey in accordance with OAR 333-250-0370. (2) The Authority may deny an application for an ambulance service license if the applicant cannot demonstrate the following : (a) The use of proper medical and communication equipment; (b) The level of care provided ranging from basic life support to advanced life support; (c) The level of staffing to support the type of service, local call volume and the needs of the area; (d) Whether there are adequately trained staff; and (e) The ability to safely operate the ambulance service. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 Renumbered from 333-250-0030, PH 7-2017, f. & cert. ef. 3-21-17 PH 1-2013, f. & cert. ef. 1-25-13 PH 2-2007, f. & cert. ef. 2-1-07 OHD 7-2001, f. & cert. ef. 4-24-01 HD 18-1994, f. 6-30-94, cert. ef. 7-1-94
333-250-0220 Approval of License Application (1) The Oregon Health Authority (Authority) shall notify an applicant in writing if a license application is approved and include instructions on how to access the license electronically. (2) A license shall be conspicuously displayed in the main business office of the ambulance service, or as otherwise directed by the Authority. (3) An ambulance service license shall be issued only to the owner of the ambulance service named in the application and shall not be transferable to any other person, governmental unit, or ambulance service. (4) Except when specifically exempted by ORS 682.035, an out-of-state ambulance service that operates or advertises in Oregon must be licensed by the Authority. An out-of-state ambulance service is not required to obtain an ambulance service license and ambulance license for the following situations: (a) Transporting a patient through the state; (b) Delivering a patient to a medical facility or other location within the state, if the beginning of the transport originated outside of the state; (c) Picking up a patient at a medical facility or airport within the state for the purpose of transporting the patient to a medical facility or other location outside of the state, unless prohibited by the county's ambulance service plan; or (d) In the event of a man-made or natural disaster declared by federal, state or local officials and resulting in the need to utilize all available resources to provide patient care and transportation in the affected area. (5) When an ambulance service is found to be in non-compliance with ORS chapter 682; ORS 820.300 through 820.380; OAR division 333, chapter 255; OAR 847-035-0020 through 0025 or these rules, the Authority may deny, suspend or revoke an ambulance service license or place an ambulance service on probation in accordance with OAR 333-250-0390 or 333-250-0400. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 7-2017, f. & cert. ef. 3-21-17
333-250-0225 Denial of License Application If the Oregon Health Authority intends to deny a license application, it shall issue a Notice of Proposed Denial of License Application in accordance with ORS chapter 183. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 7-2017, f. & cert. ef. 3-21-17
333-250-0230 Expiration and Renewal of License (1) Each license to operate an ambulance service: (a) Shall be valid until June 30 of each year, unless sooner revoked or suspended. The initial licensing period may not exceed 15 months; and (b) Shall expire on June 30 of the following year, if a license is applied for and issued between April 1 and June 30. (2) If a license renewal is desired, the licensed ambulance service shall make application and pay the appropriate fee at least 30 days prior to the expiration date in a manner prescribed by the Oregon Health Authority. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 7-2017, f. & cert. ef. 3-21-17
333-250-0235 Return of License If an ambulance service license is suspended, revoked, or expires, the ambulance service administrator shall submit a statement to the Oregon Health Authority acknowledging that the license certificate and any applicable license decals have been removed and destroyed. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 7-2017, f. & cert. ef. 3-21-17
333-250-0240 Surrender of License (1) An ambulance service license is non-transferable. (2) When an ambulance service licensee sells or closes the ambulance service, the ambulance service licensee must: (a) Provide a minimum 30-days written notice of the intent to cease operation to the Oregon Health Authority (Authority); (b) Provide the required notice as prescribed in the county ambulance service plan to the county governing body and the ambulance service plan administrator in which the ambulance service operates; and (c) Take such other actions as may be determined to be necessary by the Authority or the county governing body, or the ambulance service plan administrator to ensure the smooth transition to a new ambulance service provider, including but not limited to permitting the continued operation of the existing provider for more than the required period of legal notice or making equipment and supplies available to an interim ambulance service provider. (3) Within 10 calendar days of final closing of the ambulance service, the ambulance service licensee must submit a statement to the Authority acknowledging that all applicable ambulance service licenses and any applicable license decals will be removed and destroyed on the final day of operation. (4) An ambulance service licensee may not terminate the ambulance service business or otherwise cease operations in violation of any provisions, rules or ordinances established under the provision of ORS chapter 682 and these rules. (5) The Authority may deny an ambulance service the ability to surrender their license in the event there is an investigation or pending administrative action against the ambulance service. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 Renumbered from 333-250-0080, PH 7-2017, f. & cert. ef. 3-21-17 PH 1-2013, f. & cert. ef. 1-25-13 PH 2-2007, f. & cert. ef. 2-1-07 OHD 7-2001, f. & cert. ef. 4-24-01 HD 18-1994, f. 6-30-94, cert. ef. 7-1-94