justicedao/ipfs_state_laws huggingface dataset:
331-160-0015 Collaboration of Licensed Athletic Trainers and Physicians (1) “Collaboration” as used in this section means consultation, correspondence, or referral between a licensed athletic trainer and a physician licensed pursuant to ORS 677. Collaboration may be initiated by the athletic trainer or physician and consists of oral or written communication between the parties or an appropriate representative of the physician. “Collaboration” as used in OAR 331-160-0010 and this section, does not mean providing care on behalf of, jointly, or in concert with one another. (2) “Consultation” as used in this section means discussing or sharing information with another health care provider that is consistent with the requirements of state and federal law regarding confidentiality for the purposes of obtaining information or recommendations for the provision of care to the athlete. (3) “Referral” as used in this section means directing the athlete to other resources for purposes of care, treatment, assessment or intervention. (4) A licensed athletic trainer must collaborate with a physician when the athletic injury is beyond the athletic trainer’s scope of practice or expertise, or in those instances where the injury is not responding to treatment. (5) The licensed athletic trainer must appropriately record collaboration with a physician regarding an athlete or athletic injury in an acceptable manner, such as notation on injury reports, medical records, or progress reports. (6) Nothing in this section or these rules shall be construed to prevent a physician from employing, directing, supervising, establishing protocols for, or otherwise assisting a licensed athletic trainer in the practice of athletic training consistent with the scope of practice and professional standards of each practitioner. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, amend filed 12/11/2019, effective 01/01/2020 HLO 14-2018, minor correction filed 02/01/2018, effective 02/01/2018 HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12
331-180-0010 Civil Penalty Schedule The Office has adopted the following presumptive penalty schedule for violation of statutes and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For violations not addressed by this schedule, the provisions of OAR 331-020-0060 apply. Practicing, attempting to practice, or purporting to practice athletic training without a license is a violation. (1) Practicing having never held a license, or practicing with an expired license: (a) 1st offense: $2,500; (b) 2nd offense: $5,000; (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. (2) Practicing with an inactive license: (a) 1st offense: $200; (b) 2nd offense: $500; (c) 3rd offense: $1,000 (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. (3) Practicing with a license that is suspended or revoked: (a) 1st offense: $2,500; (b) 2nd offense: $5,000; (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 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, adopt filed 12/11/2019, effective 01/01/2020
331-250-0010 Definitions The following definitions apply to OAR 331-200-0010 to OAR 331-210-0010: (1) “ABGC” means the American Board of Genetic Counseling. (2) “ABMGG” means the American Board of Medical Genetics and Genomics. (3) “ACGC” Means the Accreditation Council for Genetic Counseling. (4) “Genetic counseling” has the meaning set forth in House Bill 2619 (2021). (5) “Good standing” means no unresolved or outstanding disciplinary actions. (6) “Licensed genetic counselor” means a licensed genetic counselor as defined in House Bill 2619 (2021). (7) “Office” means the Health Licensing Office. Statutory/Other Authority: 2021 House Bill 2619 Statutes/Other Implemented: 2021 House Bill 2619 History: HLO 2-2021, adopt filed 09/29/2021, effective 12/01/2021
331-250-0020 Fees (1) An applicant or license holder is subject to the provisions of OAR 331-010-0010 and OAR 331-010-0020 regarding the payment of fees, penalties, and charges. (2) Fees established by the Office pursuant to ORS 676.576 are: (a) Application: (A) License: $150. (B) Temporary license: $150 (b) Original issuance: (A) License: $50 – valid for one year. (B) Temporary license: $50 – valid for one year. (c) Renewal of license: (A) License: $50 – valid for one year. (B) Temporary license: $50 – valid for one year. (d) Replacement: $25. (e) Late renewal of authorization fee: $40 for each year of inactive status up to three years. (f) Administrative fee: $25. (g) Affidavit of licensure, as defined in OAR 331-030-0040: $50. Statutory/Other Authority: 2021 House Bill 2619 Statutes/Other Implemented: 2021 House Bill 2619 History: HLO 2-2021, adopt filed 09/29/2021, effective 12/01/2021
331-255-0010 Application Requirements for Initial Licensure as a Licensed Genetic Counselor An individual applying for initial licensure as a licensed genetic counselor must: (1) Meet the requirements of OAR 331 Division 30. (2) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000. (3) Be at least 18 years old. (4) Arrange for official documentation to be mailed to the Office from the certifying organization proving that the applicant has an active credential specific to genetic counseling from the ABGC or the ABMGG. (5) Pay all licensing fees. Statutory/Other Authority: 2021 House Bill 2619 Statutes/Other Implemented: 2021 House Bill 2619 History: HLO 2-2021, adopt filed 09/29/2021, effective 12/01/2021
331-255-0020 Temporary License - Licensed Genetic Counselor Temporary License (1) A licensed genetic counselor temporary license authorizes a holder to practice genetic counseling. (2) A licensed genetic counselor temporary license is valid for one year and may be renewed once, resulting in the temporary license being valid for a two-year maximum duration, in any of the following circumstances: (a) The temporary license holder submits to the HLO satisfactory proof that the holder has not yet passed the certification examination and that there is no available certification examination before the temporary license becomes inactive. (b) The temporary license holder submits to the HLO satisfactory proof of extenuating circumstances that impact the holder’s ability to take the certification examination, including, but not limited to, a medical condition, automobile accident, catastrophe, natural disaster, or epidemic Statutory/Other Authority: 2021 House Bill 2619 Statutes/Other Implemented: 2021 House Bill 2619 History: HLO 2-2021, adopt filed 09/29/2021, effective 12/01/2021
331-255-0030 Application Requirements for a Temporary Licensed Genetic Counselor License To qualify for a temporary license, the applicant must: (1) Meet the requirements of OAR 331 Division 30. (2) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000. (3) Submit official transcripts from an ACGC-accredited program. (4) Have the ABGC send verification that the applicant is in active candidate status; and (5) Be at least 18 years old. (6) Pay all licensing fees. Statutory/Other Authority: 2021 House Bill 2619 Statutes/Other Implemented: 2021 House Bill 2619 History: HLO 2-2021, adopt filed 09/29/2021, effective 12/01/2021
331-255-0040 Licensure Issuance and Renewal (1) Licensure and renewal: A license is subject to the provisions of OAR Chapter 331, Division 30 regarding the issuance and renewal of a license, authorization to practice, identification, and duplicate licenses. (2) License renewal: To avoid late fees, a license must be renewed before the license becomes inactive as described in section (3) of this rule. To renew a license, the licensee must: (a) Submit a renewal application form. (b) Pay the renewal fee pursuant to OAR 331-200-0020. (3) Inactive license renewal: A license becomes inactive if it is not renewed before its “active through” date. A license may be inactive for up to three years, but an inactive license does not authorize its holder to practice genetic counseling or use the title or designation of “Licensed Genetic Counselor.” To renew an inactive license, the licensee must: (a) Submit a renewal application form; and (b) Pay the delinquency and renewal fees pursuant to 331-200-0020. (4) 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 331-205-0000. Statutory/Other Authority: 2021 House Bill 2619 Statutes/Other Implemented: 2021 House Bill 2619 History: HLO 2-2021, adopt filed 09/29/2021, effective 12/01/2021
331-260-0010 Guidelines for Licensed Genetic Counselors (1) When appropriate and in the manner consistent with the practice of patient-and family-centered care, a licensed genetic counselor shall provide to a patient, or a patient’s family, contact information for support programs and services related to the patient’s genetic or medical condition or disease, including information for hotlines, resource centers, local and national organizations, and other educational programs. (2) A licensed genetic counselor must not diagnose, test for, or treat a genetic or medical condition or disease. Statutory/Other Authority: 2021 House Bill 2619 Statutes/Other Implemented: 2021 House Bill 2619 History: HLO 2-2021, adopt filed 09/29/2021, effective 12/01/2021
331-300-0010 Definitions The following definitions apply to OAR 331-300-0010 to 331-350-0000: (1) “CBMT” means the Certification Board for Music Therapists. (2) “Good standing” means no unresolved or outstanding disciplinary actions. (3) “Office” means the Health Licensing Office. (4) “NMTR” means the National Music Therapy Registry. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 History: HLO 25-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 4-2015, f. 10-6-15, cert. ef. 12-1-15
331-300-0020 Fees (1) An applicant or certificate holder is subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties and charges. (2) Fees established by the Health Licensing Office pursuant to ORS 676.576 are as follows: (a) Application: $150. (b) License: $50 – valid for one year. (c) Renewal: $50 – valid for one year. (d) Replacement: $25. (e) Late fee: $40 for each year of inactive status up to three years. (f) Affidavit of licensure, as defined in OAR 331-030-0040: $50. (g) Administrative fee: $25. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 History: HLO 26-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 4-2015, f. 10-6-15, cert. ef. 12-1-15
331-310-0020 Application Requirements for Initial Licensure for Music Therapist (1) An individual applying for initial licensure as a music therapist must: (a) Meet the requirements of OAR 331 division 30. (b) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees. (c) Be at least 18 years old. (d) Arrange for official documentation to be mailed to the Office from the certifying organization proving that the applicant: (A) Successfully passed the CBMT examination in the two years before the application date, or (B) Possesses current CBMT certification, or (C) Possesses the professional designation of “registered music therapist,” “certified music therapist” or “advanced certified music therapist” from the NMTR. (e) Pay all licensing fees. (2) If an applicant is licensed or certified in another state, they must: (a) Be in good standing in every state in which they are licensed or certified, and (b) Ensure that the Office receives an affidavit of licensure pursuant to OAR 331-030-0040. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 History: HLO 27-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 4-2015, f. 10-6-15, cert. ef. 12-1-15
331-310-0025 Application Requirements for Reciprocity for Music Therapist An individual applying for reciprocity for music therapist licensing must: (1) Meet the requirements of OAR 331 Division 30. (2) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees. (3) Be at least 18 years old. (4) Submit an affidavit of licensure pursuant to OAR 331-030-0040, proving that the applicant is in good standing in every state in which they are licensed or certified. (5) Have a registration issued by another state or territory of the United States, and the requirements must be substantially equivalent to those in Oregon Laws 2015, Chapter 632. (6) Pay all license fees. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 History: HLO 28-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 4-2015, f. 10-6-15, cert. ef. 12-1-15
331-310-0030 Licensure Issuance and Renewal (1) Licensure and renewal: A license is subject to the provisions of OAR Chapter 331, division 30 regarding the issuance and renewal of a license, provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license. (2) License renewal: To avoid delinquency penalties, a license must be renewed before the license becomes inactive as described in section (3) of this rule. The licensee must: (a) Submit a renewal application form; (b) Attest to having obtained the continuing education pursuant to 331-320-0010. (c) Pass a state criminal background check pursuant to OAR 331-030-0004, and (d) Pay the renewal fee pursuant to OAR 331-300-0020. (3) Inactive license renewal: A license becomes inactive if it is not renewed before its “active through” date. A license may be inactive for up to three years, but an inactive license does not authorize its holder to practice music therapy or use the title or designation of “Music Therapist.” To renew an inactive license, the licensee must: (a) Submit a renewal application form; (b) Attest to having obtained the continuing education pursuant to OAR 331-320-0010; (c) Pass a state criminal background check pursuant to OAR 331-030-0004; and (d) Pay the delinquency and renewal fees pursuant to OAR 331-300-0020. (4) 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 331-310-0020 or OAR 331-310-0025. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 History: HLO 29-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 4-2015, f. 10-6-15, cert. ef. 12-1-15
331-320-0010 Continuing Education Requirements (1) To maintain licensure, a music therapist must complete a minimum of 10 CE credits every year. (2) CE credits obtained in excess of those required for the current one-year reporting period may be carried forward for up to four years. However, no more than 40 annual excess CE credits may be carried forward. (3) Excess CE credits may not be used to reinstate an expired license. (4) Each licensee shall document compliance with the CE credit requirement through attestation on the license renewal application. Licensees are subject to provisions of OAR 331-320-0020 pertaining to periodic audit of CE. (5) Upon CE credit audit, the licensee must provide documentation supporting all credits claimed and all excess credits carried forward. (6) CE credits must address a subject matter related to music therapy practice. (7) CE credits will be awarded based on the following criteria: (a) Completion and passing of academic courses taken from an accredited college or university are awarded 15 CE credits for each semester-based credit earned, 14 CE credits for each trimester-based credit earned or 10 CE credits for each quarter-based credit earned; (b) Completion of professional courses that meet academic course requirements in content, instruction and evaluation will be assigned 15 CE credits for each semester-based credit earned, 14 CE credits for each trimester-based credit earned or 10 CE credits for each quarter-based credit earned; (c) Courses that do not meet standards as set forth in paragraphs (a) and (b) of this subsection, such as workshops, symposiums, seminars, laboratory exercises, or any applied experience with or without formal classroom work may be assigned credit at the rate of 1.0 CE credit for each 50 minutes of attendance. (8) Documentation supporting compliance with CE requirements must be maintained for a period of two years following renewal and be available to the Office upon request. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 History: HLO 30-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 4-2015, f. 10-6-15, cert. ef. 12-1-15
331-320-0020 Continuing Education Audit (1) The Office will audit a percentage of licensees, as determined by the Office, to verify compliance with continuing education requirements of this rule. (2) Licensees notified of selection for audit of continuing education attestation shall submit to the Office, within 30 calendar days of the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-150-0005. (3) If selected for audit, the registrant must provide documentation of the required continuing education, which must include: (a) For courses provided by an accredited college or university — a course syllabus and an official transcript from the accredited college or university; (b) For CBMT or NMTR approved programs or courses — a certificate of completion that includes the CBMT or NMTR approval number; or (c) For Office pre-approved programs or courses — a certificate of completion or other Office-approved documentation that includes the Office pre-approval number. (4) If documentation of continuing education is incomplete, the registrant has an additional 30 calendar days from the date of notice of incompleteness to submit further documentation to substantiate having completed the required continuing education. (5) Failure to meet continuing education requirements shall constitute grounds for disciplinary action, which may include, but is not limited to, assessment of a civil penalty and suspension or revocation of registration. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 History: HLO 31-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 4-2015, f. 10-6-15, cert. ef. 12-1-15
331-330-0010 Standards of Practice and Professional Responsibility (1) A licensed music therapist must: (a) Protect the confidentiality of information obtained in the course of practice, supervision, teaching or research. (b) Comply with all local, state and federal regulations concerning the practice of music therapy. (c) Abide by the American Music Therapy Association (AMTA) Code of Ethics (Revised 11/14) and the AMTA Standards of Clinical Practice (revised 11/23/13). (2) A licensed music therapist must not: (a) Discriminate in professional relationships with colleagues and clients because of race, ethnicity, language, religion, marital status, gender, gender identity of expression, sexual orientation, age, ability, socioeconomic status or political affiliation. (b) Use deceptive or misleading advertising or make guarantees that lead to false expectations. (c) Accept gratuities, gifts or favors that could interfere with decisions or judgment. (d) Take financial advantage of a client or a client’s family. (3) Failure to comply with these standards may constitute unprofessional conduct, and that is subject to discipline under ORS 676.612. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 History: HLO 32-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 4-2015, f. 10-6-15, cert. ef. 12-1-15
331-340-0010 Investigative Authority The Office may initiate and conduct investigations relating to the practice of music therapy pursuant to ORS 676.608, and may take appropriate disciplinary action in accordance with the provisions of 676.612 and 676.992. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 681.700-681.730 History: HLO 33-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 4-2015, f. 10-6-15, cert. ef. 12-1-15
331-375-0005 OFFICE APPROVALS The Health Licensing Office approves the following: (1) Programs accepted by Art Therapy Credentials Board, Inc. (ATCB), before and as of November 1, 2025. (2) The requirements to be credentialed as a registered art therapist by the ATCB, before and as of November 1, 2025. (3) The requirements as a board certified art therapist by the ATCB, before and as of November 1, 2025. (4) The requirements as a provisional registered art therapist by the ATCB, before and as of November 1, 2025. Statutory/Other Authority: ORS 681.740, 681.743, 681.746, 681.749, 681.752, 681.755, 681.758, 676.992 & House Bill 3761 (2025) Statutes/Other Implemented: ORS 681.740, 681.743, 681.746, 681.749, 681.752, 681.755, 681.758, 676.992 & House Bill 3761 (2025) History: HLO 3-2025, adopt filed 12/05/2025, effective 01/01/2026
331-375-0010 DEFINITIONS The following definitions apply to OAR 331-375-0010 to OAR 331-395-0010: (1) “Art Therapist” means a licensed art therapist, a licensed certified art therapist, or a provisional licensed art therapist as those terms are defined in ORS 681.740. (2) “ATCB” means the Art Therapy Credentials Board, Inc. (3) “ATCS” means the Art Therapy Credentialed Supervisor by the Art Therapy Credentials Board, Inc. (4) “ATR” means Registered Art Therapist by the Art Therapy Credentials Board, Inc. (5) “ATR-BC” means Board Certified Art Therapist by the Art Therapy Credentials Board, Inc. (6) “ATR-P” means a Provisional Registered Art Therapist by the Art Therapy Credentials Board, Inc. (7) “Good standing” means no unresolved or outstanding disciplinary actions. (8) “Licensure year” means a year that begins on the last day of the month that the licensee was originally licensed and extends for the following 364 days. (9) “Office” means the Health Licensing Office. (10) “Provisional licensed art therapist” (PLAT) means a person who is licensed by the Office to practice art therapy under ORS 681.740 as defined in House Bill 3761, Section 3 (2025). Statutory/Other Authority: ORS 681.740-681.758, 2019 Senate Bill 29 & 2025 House Bill 3761 Statutes/Other Implemented: ORS 681.740-681.758, 2019 Senate Bill 29 & 2025 House Bill 3761 History: HLO 3-2025, amend filed 12/05/2025, effective 01/01/2026 HLO 9-2019, adopt filed 08/28/2019, effective 12/01/2019