justicedao/ipfs_state_laws huggingface dataset:
331-710-0100 Supervision of a Temporary Polysomnographic Technologist (1) To be approved as a supervisor of a polysomnographic temporary licensee, an individual must: (a) Hold a valid polysomnographic technologist license under ORS Chapter 688 or provide proof of being a “qualified medical director for polysomnography” as defined in ORS 688.800(3); (b) Have no current or pending disciplinary action imposed by the Office or other regulatory body; (c) Submit proof of having been actively practicing polysomnography for at least three years prior to requesting approval as a supervisor; and (d) Submit a completed request for approval on a form prescribed by the Office. (2) A polysomnography supervisor shall not supervise a temporary licensee until all Office required documentation has been completed and submitted to the Office and the supervisor has received Office approval. (3) A supervisor may supervise up to four patients per shift; whether they are the supervisor’s own patients or patients of temporary DS or IS licensees. (4) An approved supervisor of a Temporary-DS licensee must be immediately physically present with the Temporary-DS licensee while the Temporary-DS licensee is working, and must exercise direction and control over the Temporary-DS licensee’s work. (5) An approved supervisor of a Temporary-IS licensee must be physically present and onsite, but may not be immediately accessible at the sleep facility when the Temporary-IS licensee is working, and must oversee the work of the Temporary-IS licensee, and be available for questions and assistance when needed. (6) An approved supervisor must notify the Office in writing within 10 calendar days if a temporary polysomnographic technologist licensee is no longer being supervised, and must provide the number of hours of training and work experience completed on a form prescribed by the Office. (7) A designated supervisor must exercise management, guidance, and control over the activities of the temporary polysomnographic technologist and must exercise professional judgment and be responsible for all matters related to the polysomnography. (8) Approval of a temporary polysomnographic technologist’s training and work experience under OAR 331-710-0110 must be documented by the handwritten signature of the approved supervisor, the supervisor’s license number, and date of supervisor’s review, placed beside the temporary polysomnographic technologist’s signature, on a form prescribed by the Office. (9) An approved supervisor’s Office approval may be withdrawn if the supervisor provides incomplete or inadequate training during supervision or falsifies documentation. (10) This rule is not intended for or required of purely administrative supervisors. Statutory/Other Authority: ORS 676.615, ORS 688.819, ORS 688.830 & ORS 688.800 Statutes/Other Implemented: ORS 676.615, ORS 688.819 & ORS 688.800 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 16-2013, f. 12-31-13, cert. ef. 1-1-14 HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12
331-710-0110 Training and Work Experience Requirements for Polysomnography (1) Training and work experience for polysomnography applicants must involve all of the following: (a) Patient interaction & professional behavior; (b) Patient assessment; (c) Polysomnography theory; (d) Performing polysomnography preparation and setup; (e) Performing polysomnography recording and monitoring; (f) Scoring sleep studies; (g) Artifacts, and arrhythmias; (h) Sleep related breathing disorders; (i) Positive airway pressure and oxygen; (j) Evaluation of sleepiness; (k) Movement disorders: disorders involving arousal and seizures; (l) Scoring waveforms; (m) Scoring sleep stages; (n) Scoring respiratory events; (o) Scoring arousals, electroencephalography abnormalities, movements and cardiac events; (p) Sleep deprivation; (q) Insomnia; (r) Medications and sleep; (s) Circadian sleep and shift work (t) Arrhythmia recognition; (u) Emergency procedures and care; (v) Patient education and mask fitting; (w) Pediatric sleep; and (2) For the purpose of this rule, “artifact” means an extraneous electrical signal in a recording channel on a polysomnograph that originates from the patient, equipment, or external sources, and that may mask or interfere with the desired signal (e.g., snores that appear on the EEG channel, pulses of hypertensive patients that appear on the chin EMG channel, etc.). (3) A Temporary-IS licensee is prohibited from performing services on persons 12 and younger. See OAR 331-710-0080. (4) Training and work experience do not include sleep studies performed in a home-setting for temporary DS licensees. (5) Training and work experience may be obtained through sleep studies performed in a clinical or home setting for temporary IS licensees. Statutory/Other Authority: ORS 676.615, ORS 688.819, ORS 688.830 & ORS 688.800 Statutes/Other Implemented: ORS 676.615, ORS 688.819 & ORS 688.800 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 16-2013, f. 12-31-13, cert. ef. 1-1-14 HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12
331-712-0010 Polysomnography Approved Examinations The Board has approved these examinations for qualification as a licensed polysomnographic technologist: (1) The RPSGT “registration examination” administered by the BRPT; (2) The SDS examination administered by the NBRC; and (3) The Oregon Laws and Rules examination for polysomnography administered by the Office. NOTE: An applicant is responsible for direct payment to the organization of all application, examination, national certification or other fees associated with any examination. Statutory/Other Authority: ORS 676.615, ORS 688.815, ORS 676.607 & ORS 688.830 Statutes/Other Implemented: ORS 676.615, ORS 688.815, ORS 676.607 & ORS 688.830 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12
331-712-0020 General Examination Information (1) To be eligible for examination administered by the Office, an applicant must meet identification requirements listed under OAR 331-030-0000. (2) The examination is administered in English only, unless an Office-approved testing contractor or vendor provides the examination in languages other than English. (3) Examination candidates may be electronically monitored during the course of testing. (4) Examination candidates must adhere to the maximum time allowance for each section of the examination, as established by the Board. (5) Notes, notetaking, textbooks, notebooks, electronic equipment and communication devices, such as personal computers, pagers and cellular telephones or any other devices deemed inappropriate by the Office, are prohibited in the examination area. (6) Candidate conduct that interferes with the examination may result in the candidate’s disqualification during or after the examination, the candidate’s examination being deemed invalid, and forfeiture of the candidate’s examination fees. Such conduct includes but is not limited to: (a) Directly or indirectly giving, receiving, soliciting, attempting to give, receive or solicit aid during the examination process; (b) Violations of subsections (1), (5), or (6) of this rule; (c) Removing or attempting to remove any examination-related information, notes or materials from the examination site; (d) Failing to follow directions relative to the conduct of the examination; and (e) Exhibiting behavior that impedes the normal progress of the examination. (7) If the candidate is disqualified from taking the examination or the candidate’s examination is deemed invalid for reasons under subsection (6) of this rule, the candidate may be required to reapply, submit additional examination fees, and request in writing to schedule a new examination date, before being considered for another examination opportunity. Statutory/Other Authority: ORS 676.615, ORS 688.830, ORS 676.568 & ORS 688.815 Statutes/Other Implemented: ORS 676.615, ORS 688.830, ORS 676.568 & ORS 688.815 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12
331-715-0000 License Display and Posting Requirements (1) A licensee must show proof of valid license with the Office upon request or post the license document in public view at the licensee’s primary workplace; and (2) A licensee must carry the license identification card (pocket card) with them, or post in plain view, the official license anytime services are being provided. Statutory/Other Authority: ORS 676.568, ORS 676.615 & ORS 688.830 Statutes/Other Implemented: ORS 676.568, ORS 676.615 & ORS 688.830 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 7-2010, f. & cert. ef. 11-1-10 HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 3-2001, f. 6-29-01, cert. ef. 7-1-01 HDLP 2-2001, f. & cert. ef. 5-1-01 HDLP 2-1998, f. & cert. ef. 6-15-98 HDLP 1-1998(Temp), f. & cert. ef. 3-20-98 thru 4-1-98 HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98
331-715-0010 License Issuance and Renewal (1) A licensee is subject to the provisions of OAR Chapter 331, Division 30 regarding the renewal of a license, and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license. (2) License renewals under this rule is valid for one year. (3) LICENSE RENEWAL: To avoid delinquency penalties, license renewal must be made prior to the license entering inactive status. To renew, the licensee must submit: (a) Renewal application form; (b) Payment of required renewal fee pursuant to OAR 331-705-0060; (c) Attestation of having obtained required continuing education under OAR 331-720-0010 or 331-720-0015, on a form prescribed by the Office, whether license is current or inactive; and (d) Attest to having provided the required information to the Oregon Health Authority pursuant to ORS 676.410 and p ay fee established by Oregon Health Authority pursuant to ORS 676.410; and (e) Information, on a form prescribed by the Office, permitting the Office to perform a state criminal background check pursuant to OAR 331-030-0004. (4) INACTIVE LICENSE RENEWAL: A license may be inactive for up to three years. A licensee who is inactive is not authorized to practice. When renewing after entering inactive status, the licensee must submit the following: (a) Renewal application form; (b) Payment of delinquency and license fees pursuant to OAR 331-705-0060; (c) Attestation of having obtained required continuing education under OAR 331-720-0010 or 331-720-0015, on a form prescribed by the Office, whether license is current or inactive; (d) Attest to having provided the required information to the Oregon Health Authority pursuant to ORS 676.410 and p ay fee established by Oregon Health Authority pursuant to ORS 676.410; and (e) Information, on a form prescribed by the Office, permitting the Office to perform a state criminal background check pursuant to OAR 331-030-0004. (5) EXPIRED LICENSE: A license that has been inactive for more than three years is expired and the licensee must reapply for licensure and meet the requirements listed in OAR 331-710-0010 or 331-710-0050. Statutory/Other Authority: ORS 688.830, ORS 676.615, ORS 676.586 & ORS 676.572 Statutes/Other Implemented: ORS 688.830, ORS 676.615, ORS 676.586 & ORS 676.572 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLO 3-2019, amend filed 03/04/2019, effective 03/15/2019 HLO 5-2017, amend filed 12/13/2017, effective 01/01/2018 HLO 2-2016, f. & cert. ef. 7-1-16 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12 HLA 7-2010, f. & cert. ef. 11-1-10 HLO 1-2005, f. 2-28-05 cert. ef. 3-1-05 HLO 10-2004(Temp), f. & cert. ef. 11-8-04 thru 3-31-05 HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 2-1998, f. & cert. ef. 6-15-98 HDLP 1-1998(Temp), f. & cert. ef. 3-20-98 thru 4-1-98 HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98
331-718-0000 Standards of Practice for Respiratory Care (1) A licensee must comply with the prevailing community standards for professional conduct. The Board recognizes and adopts the American Association of Respiratory Care (AARC) Statement of Ethics and Professional Conduct effective April 2015 as its professional standards model. Documents are available on the AARC Website at https://www.aarc.org/wp-content/uploads/2017/03/statement-of-ethics.pdf. (2) At minimum, licensees are subject to directives and policies established by the medical facilities, businesses or agencies by which they are employed or regulated. (3) A licensee must comply with the following safety and infection control requirements: (a) All devices or items that come into direct contact with a client must be cleaned, sanitized or disinfected according to the manufacturer's instructions or Centers for Disease Control and Prevention (CDC) Standard Precautions; (b) All items that come in direct contact with the client's skin that do not require disinfecting must be clean; (c) All items that come in direct contact with the client's skin that cannot be cleaned or disinfected must be disposed of in a covered waste receptacle immediately after use; (d) All disinfecting solutions and agents must be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times unless equipment is prepackaged and pre-sterilized; (e) All high-level and low-level disinfecting agents must be approved by the United States Environmental Protection Agency. High-level disinfectant means a chemical agent which has demonstrated tuberculocidal activity. Low-level disinfectant means a chemical agent which has demonstrated bactericidal, germicidal, fungicidal and limited viricidal activity; and (f) Before use, disposable prepackaged products and sterilized re-usable instruments must be stored in clean, sterilized containers that can be closed between treatments to maintain effective sterilization of the instrument until removed from the container. (4) A licensee must observe and follow the Standard Precautions adopted by the CDC as defined in OAR 437 Division 2, Subdivision Z, and the CDC Standard Precautions for public service workers regarding personal protection equipment and disposal of blood or bodily fluid contaminated articles, tools and equipment when providing services to patients. Statutory/Other Authority: ORS 676.615, ORS 688.830 & ORS 688.800 Statutes/Other Implemented: ORS 676.615, ORS 688.830 & ORS 688.800 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLO 5-2017, amend filed 12/13/2017, effective 01/01/2018 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12
331-718-0010 Pharmacological Agents for Respiratory Care (1) A licensee administering intravenous narcotics, paralytics and opioids under ORS 688.800(3)(a) is prohibited from monitoring the patient and must have another qualified licensed individual present to monitor the patient throughout procedures with intravenous narcotics, paralytics and opioids. (2) All policies, procedures and protocols for respiratory therapists related to administration of intravenous pharmacological agents must be made available to the Office if requested. Statutory/Other Authority: ORS 676.615, ORS 688.830 & ORS 688.800 Statutes/Other Implemented: ORS 676.615, ORS 688.830, ORS 688.800 & ORS 676.576 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12
331-718-0020 Standards of Practice for Polysomnography (1) A licensee must comply with the prevailing community standards for professional conduct. The Board recognizes and adopts the BRPT Standards of Conduct as its professional standards model. Documents are available on the BRPT Website at http://www.brpt.org. (2) At minimum, licensees are subject to directives and policies established by the medical facilities, businesses or agencies by which they are employed or regulated. (3) A licensee must comply with the following safety and infection control requirements: (a) All devices or items that come into direct contact with a client must be cleaned or disinfected according to the manufacturer's instructions or Centers for Disease Control and Prevention (CDC) Standard Precautions; (b) All items that come in direct contact with the client's skin that do not require disinfecting must be clean; (c) All items that come in direct contact with the client's skin that cannot be cleaned or disinfected must be disposed of in a covered waste receptacle immediately after use; (d) All disinfecting solutions and agents must be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times unless equipment is prepackaged, pre-sterilized and within the expiration date listed on the label of the disinfecting solution; (e) All high-level and low-level disinfecting agents must be EPA registered. High-level disinfectant means a chemical agent which has demonstrated tuberculocidal activity. Low-level disinfectant means a chemical agent which has demonstrated bactericidal, germicidal, fungicidal and limited virucidal activity; (f) Before use instruments must be stored in clean containers that can be closed between use to maintain effective cleanliness until removed from the container; and (g) Masks must be disinfected after each use on a client with a high-level disinfectant used according to manufacturer’s instructions. (4) A licensee must observe and follow the Standard Precautions adopted by the CDC as defined in OAR 437 Division 2, Subdivision Z, and the CDC Standard Precautions for public service workers regarding personal protection equipment and disposal of blood or bodily fluid contaminated articles, tools and equipment when providing services to patients. Statutory/Other Authority: ORS 688.830, ORS 676.615 & ORS 688.830 Statutes/Other Implemented: ORS 688.830, ORS 676.615 & ORS 688.830 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 4-2013, f. 3-12-13, cert. ef. 4-1-13 HLA 16-2012(Temp), f. & cert. ef. 11-19-12 thru 5-17-13 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12
331-720-0020 Continuing Education: Audit, Required Documentation and Sanctions (1) The Office will audit a select percentage of licenses to verify compliance with continuing education requirements. (2) Licensees notified of selection for audit of continuing education attestation must submit to the Office, within 30 calendar days from the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-720-0010, Continuing Education Requirements for Respiratory Care; or OAR 331-720-0015, Continuing Education Requirements for Polysomnography. (3) Evidence of successful completion of the required continuing education must include the following: (a) Name of continuing education sponsor/provider; (b) Course agenda — including the date of the training and breakdown of hours for each agenda item, lunch and breaks; (c) Course outline — including a detailed summary of each topic discussed and the learning objective or training goal of each agenda item; The content of the course must have a direct relationship between the course training and subject matter related to Respiratory Care as set forth in OAR 331-720-0010, or Polysomnography as set forth in 331-720-0015; (d) Background resume of speakers or instructors; and (e) Documentation of attendance or successful course completion. Examples include a certificate, transcript, sponsor statement or affidavit attesting to attendance, diploma. (4) If documentation of continuing education is incomplete, the licensee has 30 calendar days from the date of the deficiency notice to correct the deficiency and submit further documentation of completion of the required continuing education. (5) Misrepresentations of continuing education or failure to complete continuing education requirements may result in disciplinary action, which may include, but is not limited to assessment of a civil penalty and suspension or revocation of the license. Statutory/Other Authority: ORS 676.615, ORS 688.830 & ORS 676.568 Statutes/Other Implemented: ORS 676.615 & ORS 676.568 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 16-2013, f. 12-31-13, cert. ef. 1-1-14 HLA 7-2010, f. & cert. ef. 11-1-10 HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 2-1998, f. & cert. ef. 6-15-98 HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98
331-735-0000 Schedule of Penalties for Licensee’s Failure to Report The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of a licensee’s failure to report a misdemeanor or felony conviction or arrest for a felony crime as required in ORS 676.150. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the Office may impose a civil penalty not to exceed $5,000 pursuant to ORS 676.992. (1) Failure to report a misdemeanor conviction within 10 days of the conviction is a violation of ORS 676.150(3) and OAR 331-020-0075(17): (a) 1st offense: $250. (b) 2nd offense: $500. (c) 3rd offense: $1,000. (d) 4th offense: Monetary penalty and any other actions allowed by law, including revocation or suspension of authorization to practice. (2) Failure to report an arrest for a felony crime within 10 days of the arrest is a violation of ORS 676.150(3) and OAR 331-020-0075(17): (a) 1st offense: $250. (b) 2nd offense: $500. (c) 3rd offense: $1,000. (d) 4th offense: Monetary penalty and any other actions allowed by law, including revocation or suspension of authorization to practice. (3) Failure to report a felony conviction within 10 days of the conviction is a violation of ORS 676.150(3) and OAR 331-020-0075(17): (a) 1st offense: $500. (b) 2nd offense: $1000. (c) 3rd offense: $1,500. (d) 4th offense: Monetary penalty and any other actions allowed by law, including revocation of suspended authorization to practice. Statutory/Other Authority: ORS 676.615, ORS 676.612 & ORS 688.800 Statutes/Other Implemented: ORS 676.615 & ORS 676.612 History: HLO 12-2020, adopt filed 12/30/2020, effective 01/01/2021
331-735-0010 Schedule of Penalties for Practitioner Violations (1) The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of practitioner licensing laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply. (2) Performing, attempting to perform, or purporting to perform services in a field of practice without proper certification, temporary practitioner is a violation of ORS 688.802 or 688.803. (a) Never held or expired: (A) 1st offense: $1000. (B) 2nd offense: $2500. (C) 3rd offense $5000. (D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (b) Inactive: (A) 1st offense: $200. (B) 2nd offense: $500. (C) 3rd offense: $1000. (D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (c) Suspended or revoked: (A) 1st offense: $2500. (B) 2nd offense: $5000. (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. Statutory/Other Authority: ORS 676.615, ORS 676.612 & ORS 688.800 Statutes/Other Implemented: ORS 676.615, ORS 676.612 & ORS 688.800 History: HLO 12-2020, adopt filed 12/30/2020, effective 01/01/2021