justicedao/ipfs_state_laws huggingface dataset:
332-020-0000 License Issuance and Renewal (1) LICENSING: An LDM is subject to the provisions of OAR Chapter 331, Division 30 regarding the issuance and renewal of a license, and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license. (2) LICENSE RENEWAL: To avoid delinquency penalties, license renewal must be made prior to the license entering inactive status. To renew, an LDM must: (a) Submit a renewal application form; (b) Submit payment of renewal fee; (c) Attest to having obtained required continuing education under OAR 332-020-0010, on a form prescribed by the Office; (d) Attest to being currently certified in cardiopulmonary resuscitation for infants and adults pursuant to ORS 687.425; (e) Attest to being currently certified in neonatal resuscitation; and (f) Attest to having participated in peer review pursuant to 332-025-0015. (3) INACTIVE LICENSE RENEWAL: A license may be inactive for up to three years. When renewing after entering inactive status the LDM must: (a) Submit a renewal application form; (b) Submit payment of renewal and delinquency fees; (c) Attest to having obtained required continuing education under OAR 332-020-0010, on a form prescribed by the Office, whether license is current or inactive; (d) Attest to being currently certified in cardiopulmonary resuscitation for infants and adults pursuant to ORS 687.425; (e) Attest to being currently certified in neonatal resuscitation; and (f) Attest to having participated in peer review pursuant to 332-025-0015. (4) EXPIRED LICENSE: A license that has been inactive for more than three years is expired and the licensee must reapply and meet the requirements listed in OAR 332-015-0030. Statutory/Other Authority: ORS 676.568, ORS 676.572, ORS 676.576, ORS 87.425 & ORS 687.493 Statutes/Other Implemented: ORS 676.572 & ORS 87.425 History: DEM 1-2021, amend filed 05/21/2021, effective 06/01/2021 DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 DEM 2-2014, f. 12-31-14, cert. ef. 1-1-15 DEM 5-2011, f. & cert. ef. 9-26-11 DEM 5-2010, f. 12-30-10, cert. ef. 1-1-11 DEM 1-2008, f. 9-15-08 cert. ef. 10-1-08 DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04 DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02 DEM 1-2001(Temp), f. & cert. ef. 10-1-01 thru 3-29-02 DEM 1-1994, f. & cert. ef. 6-15-94 DEM 1-1993(Temp), f. & cert. ef. 12-22-93
332-020-0015 Continuing Education: Audit and Required Documentation (1) The Office will audit a select percentage of licensees determined by the Board to verify compliance with continuing education requirements. (2) An LDM notified of selection for audit of continuing education attestation must submit to the Office, within 30 calendar days from the date of notification, satisfactory evidence of participation in required continuing education in accordance with OAR 332-020-0010. (3) If selected for audit, an LDM must provide documentation of the required continuing education. Documentation must include: (a) Certificate of completion, official transcript, statement or affidavit from the sponsor attesting to attendance or other documentation approved by the Office; (b) Name of sponsoring institution, association, or organization; (c) Title of presentation and description of content; (d) Name of instructor or presenter; (e) Date of attendance and duration in hours; and (f) Course agenda. (4) If documentation of continuing education is incomplete, the licensee has 30 calendar days from the date of the notice sent to the licensee to submit further documentation to substantiate having completed the required continuing education. (5) An LDM notified of having been selected for an audit must show proof of having: (a) Participated in peer review pursuant to OAR 332-025-0015; (b) The required certification in cardiopulmonary resuscitation for infants and adults; and (c) The required certification in neonatal resuscitation. (6) Documentation listed in subsection (5) of this rule must be kept and maintained for five years following renewal and must be available to the Office upon request. Statutory/Other Authority: ORS 676.568, ORS 676.615 & ORS 687.425 Statutes/Other Implemented: ORS 687.425 History: DEM 1-2021, amend filed 05/21/2021, effective 06/01/2021 DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 DEM 2-2013, f. 12-30-13, cert. ef. 1-1-14 DEM 5-2010, f. 12-30-10, cert. ef. 1-1-11 DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04 DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02
332-025-0015 Peer Review and Sentinel Events (1) Pursuant to ORS 687.480, an LDM must participate in peer review. (2) "Peer review" means the candid review and evaluation, subject to ORS 41.675, of midwifery practice. The objective of peer review includes reviewing the care provided, making recommendations for quality improvement, and identifying areas where additional education or skills training is needed. (3) An LDM must participate in at least two peer review sessions per year, regardless of the number of births attended. (4) Each peer review must be conducted with at least two other LDMs, one of which must be outside the LDM’s practice. (5) An LDM who is attending births must present at least two cases per year for peer review with a midwifery peer review organization or midwifery quality improvement organization that maintains a charter and standards for peer review. (6) An LDM who has had one of the following sentinel events must have the sentinel event reviewed within 90 days of the event by the organization described under subsection (5) of this rule: (a) Maternal hospitalization for infection; (b) Maternal hospitalization requiring blood transfusion; (c) Uterine rupture; (d) Maternal or neonatal death; (e) Neonate admitted to Neonatal Intensive Care Unit within 72 hours (except for observation or anomaly); or (f) Transfer care deemed emergent by the LDM. Statutory/Other Authority: ORS 676.615, ORS 687.425 & ORS 687.480 Statutes/Other Implemented: ORS 687.425 & ORS 687.480 History: DEM 1-2023, amend filed 04/28/2023, effective 05/01/2023 DEM 3-2019, adopt filed 12/19/2019, effective 01/01/2020
332-025-0110 Records of Care Practice Standards (1) The LDM must maintain complete and accurate records of each birthing person and newborn. (2) Records mean written or electronic documentation, including but not limited to: (a) Midwifery care provided to birthing person and newborn; (b) Demographic information; (c) Medical history; (d) Diagnostic studies and laboratory findings; (e) Emergency transport plan OAR 332-025-0021; (f) Informed consent and risk information documentation under OAR 332-025-0120; (g) Health Insurance Portability and Accountability Act (HIPAA) releases; (h) Documentation of all consultations pursuant to OAR 332-025-0021 (14) through (22) and recommendations regarding indications for consultation from an Oregon licensed health care provider as defined under OAR 332-025-0021(21), or any other provider specifically identified in OAR 332-025-0021; (i) Documentation of any declined procedures (OAR 332-025-0022(7)); (j) Documentation of termination of care (OAR 332-025-0130); and (k) Documentation that the birthing person received and signed the patient disclosure form (OAR 332-025-0020(6)). (3) Records, including metadata, must be maintained for no less than five years. All records are subject to review by the Office. (4) All entries must include the LDM’s initials and be legibly written or typed and dated. (5) Entries made 48 hours after an event must be identified as an addendum or an amended entry and must include the date and time of entry and the LDM’s initials. (6) All records must include a signature or initial of the LDM. Statutory/Other Authority: ORS 676.615 & ORS 687.480 Statutes/Other Implemented: ORS 687.480 History: DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 DEM 2-2015, f. & cert. ef. 7-1-15 Reverted to Renumbered from 332-025-0070, DEM 5-2011, f. & cert. ef. 9-26-11 DEM 1-2014(Temp), f. 12-31-14, cert. ef. 1-2-15 thru 6-27-15 Renumbered from 332-025-0070, DEM 5-2011, f. & cert. ef. 9-26-11 DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11
332-025-0120 Informed Consent Practice Standards (1) Informed consent means the consent obtained following a thorough and easily understood explanation of the information to the mother or mother’s guardian. (2) The explanation must be both verbal and written. (3) An LDM must document the verbal explanation and the written informed consent process in the client’s record. Informed consent information must include the following: (a) Definition of procedure or process; (b) Benefits of procedure or process; (c) Risk(s) of procedure or process; (d) Description of adverse outcomes; (e) Risk of adverse outcomes; and (f) Alternative procedures or processes and any risk(s) associated with them if the alternative procedures or processes are within the practice of midwifery. (4) An LDM must obtain mother’s dated signature acknowledging she has received, reviewed, and understands the information, and has made an informed choice. Statutory/Other Authority: ORS 487.485 & 676.615 Statutes/Other Implemented: ORS 687.425, 687.480, 687.485, 676.606 & 676.607 History: DEM 5-2012, f. 8-31-12, cert. ef. 9-7-12 DEM 3-2012(Temp), f. & cert. ef. 5-10-12 thru 9-30-12 DEM 1-2012(Temp), f. 3-1-12, cert. ef. 4-12-12 thru 9-30-12 DEM 6-2011(Temp), f. 10-14-11, cert. ef. 10-15-11 thru 4-11-12 Renumbered from 332-025-0080, DEM 5-2011, f. & cert. ef. 9-26-11 DEM 2-2011(Temp), f. & cert. ef. 5-19-11 thru 11-15-11 DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11
332-025-0125 Disclosure for Patients of Traditional Midwives (1) Pursuant to ORS 687.415 an individual who is acting as a traditional midwife, does not use legend drugs and devices, does not advertise as a midwife, and provides the required written disclosures to clients, may practice direct entry midwifery in this state without a license to practice direct entry midwifery. (2) Pursuant to ORS 687.415 a traditional midwife is prohibited from the following: (a) Advertising that the person is a midwife; and (b) Use of legend drugs and devices pursuant to ORS 687.493. (3) A traditional midwife must disclose the following information to clients both verbally and in writing when the mother initially comes into care using a Board adopted form that is located on the Office’s website at http://www.oregon.gov/OHLA/DEM/pages/index.aspx: (a) That the person does not possess a professional license issued by the state; (b) That the person’s education and qualification have not been reviewed by the state; (c) That the person is not authorized to carry and administer potentially lifesaving medications; (d) That the risk of harm or death to a mother or newborn may increase as a result of the information described ORS 687.415(2)(b)(C) (i) and (ii); (e) A plan for transporting the client to the nearest hospital, as defined in ORS 442.015, if a problem arises during labor or childbirth; (f) That the client will not have recourse through a complaint process; (g) The types of midwives who are licensed by the state; and (h) Signature from the patient that they have been given the information both in writing and verbally. (4) The traditional midwife must also obtain a patient signature when the mother initially comes into care on the Board’s adopted form containing the information described in subsection (3). A traditional midwife must retain a copy of the signed form in the patient record and make it available to HLO upon request. Statutory/Other Authority: ORS 676.615, 676.616, 687.410, 687.415, 687.420, 687.425, 687.445, 687.480 & 687.493 Statutes/Other Implemented: ORS 676.615, 676.616, 687.410, 687.145, 687.420, 687.425, 687.445, 687.480 & 687.493 History: DEM 2-2014, f. 12-31-14, cert. ef. 1-1-15
332-025-0130 Practice Standards for Terminating Midwifery Care (1) The procedure for terminating midwifery care in a non-emergent situation is as follows: (a) Provide written notice no fewer than three business days as postmarked, unless the birthing person is in labor or during an emergency, at which time the LDM must continue to provide midwifery care until another provider assumes care; (b) Notice must be sent to the last known address of the birthing person by certified mail, return receipt requested, as well as by regular mail. (c) Document the termination of care in the birthing person ’s records. (2) To terminate midwifery care in an emergency, the LDM must activate the 911 emergency system and transfer care to a licensee under ORS Chapter 682. (3) An LDM may leave after transferring care to a licensee under ORS Chapter 682. (4) If the birthing person refuses assistance from licensees under ORS Chapter 682 the LDM must continually urge the birthing person to transfer care to a licensee under ORS Chapter 682 and may: (a) Continue care to save a life; and (b) Only perform actions within the technical ability of the LDM. Statutory/Other Authority: ORS 676.615, ORS 687.405 & ORS 687.480 Statutes/Other Implemented: ORS 687.405 & ORS 687.480 History: DEM 2-2019, amend filed 12/19/2019, effective 01/01/2020 Renumbered from 332-025-0100, DEM 5-2011, f. & cert. ef. 9-26-11 DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11
332-026-0000 Access to and Administration of Legend Drugs and Devices (1) An LDM is prohibited from purchasing or administering legend drugs and devices, until the continuing education listed in OAR 332-020-0010 has been completed and attestation submitted to the Office upon renewal. (2) Pursuant to ORS 687.493, an LDM who completes the continuing education listed in OAR 332-020-0010 is authorized to purchase and administer legend drugs and devices listed in OAR 332-026-0010, 332-026-0020, and 332-026-0030. (3) An LDM must comply with all local, state and federal laws and regulations regarding the administration, distribution, storage, transportation and disposal of legend drugs and devices listed in OAR 332-026-0010, 332-026-0020, 332-026-0030. (4) Approved legend drugs must be inventoried and securely stored when the product is not in use, including samples or any remaining portion of a drug. (5) Records regarding approved legend drugs and devices must be maintained for five years. Records must be kept on the business premises and available for inspection upon request by the Office. Upon request by the Board or Office an LDM must provide a copy of records. Records must include, but are not limited, to the following: (a) Name of drug, amount received, date of receipt, and drug expiration date; (b) Name of drug and to whom it was administered; date and amount of drug administered to client; (c) Name of drug, date and place or means of disposal. (6) Expired, deteriorated or unused legend drugs must be disposed of in a manner that protects the LDM, client and others who may come into contact with the material during disposal. (7) An LDM is required to obtain education and training before administering or purchasing any legend drug or device. (8) An LDM is not required to administer and purchase any legend drugs or devices. Statutory/Other Authority: ORS 676.615 & ORS 687.793 Statutes/Other Implemented: ORS 687.793 History: DEM 1-2023, amend filed 04/28/2023, effective 05/01/2023 DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 DEM 2-2015, f. & cert. ef. 7-1-15 Renumbered from 332-025-0030 by DEM 5-2011, f. & cert. ef. 9-26-11 DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11 DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04 DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02 DEM 1-2001(Temp), f. & cert. ef. 10-1-01 thru 3-29-02
332-026-0010 Approved Legend Drugs For Maternal Use An LDM may administer the following legend drugs as approved by the Board for maternal use: (1) Anti-Hemorrhagics for use by intramuscular injection includes: (a) Synthetic Oxytocin (Pitocin, Syntocin and generic); (b) Methylergonovine (Methergine); or (c) Ergonovine (Ergotrate); (2) Anti-Hemorrhagics by intravenous infusion is limited to: (a) Synthetic Oxytocin (Pitocin, Syntocin, and generic); or (b) Tranexamic acid. (3) Anti-Hemorrhagics for oral administration is limited to: (a) Methylergonovine (Methergine); (b) Misoprostol (Cytotec). (4) Anti-Hemorrhagics for rectal administration is limited to Misoprostol (Cytotec). (5) Resuscitation is limited to medical oxygen and intravenous fluid replacement. (6) Intravenous fluid replacement includes: (a) Lactated Ringers Solution; (b) 0.9% Saline Solution; (c) D5LR (5% Dextrose in Lactated Ringers); or (d) D5W (5% Dextrose in water). (7) Anaphylactic treatment by subcutaneous injection is limited to Epinephrine. (8) Local anesthetic includes: (a) Lidocaine HCl (1% and 2%) (Xylocaine and generic); (b) Topical anesthetic; (c) Procaine HCl (Novocain, benzocaine, cetacane and generic); and (d) Sterile water papules. (9) Rhesus Sensitivity Prophylaxis is limited to Rho(d) Immune Globulin (RhoGAM, Gamulin Rh, Bay Rho-D and others). (10) Tissue adhesive (Dermabond or generic). (11) Intravenous antibiotics for Group B Streptococcal prophylaxis is limited to the following and is only to be used solely for the purpose of Group B Streptococcal prophylaxis: (a) Penicillin; (b) Ampicillin; (c) Cefazolin; or (d) Clindamycin. Statutory/Other Authority: ORS 676.615 & ORS 687.493 Statutes/Other Implemented: ORS 687.493 History: DEM 1-2023, amend filed 04/28/2023, effective 05/01/2023 DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 DEM 2-2015, f. & cert. ef. 7-1-15 Renumbered from 332-025-0040 by DEM 5-2011, f. & cert. ef. 9-26-11 DEM 1-2011(Temp), f. & cert. ef. 4-4-11 thru 9-27-11 DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11 DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04 DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02 DEM 1-2001(Temp), f. & cert. ef. 10-1-01 thru 3-29-02
332-026-0020 Approved Legend Drugs For Neonatal Use An LDM may administer the following legend drugs as approved by the Board for neonatal use: (1) Eye Prophylaxis for disease of the newborn is limited to Erythromycin Ophthalmic (0.5%) Ointment (Ilotycin, AK-Mycin and generics). (2) Prophylaxis for hemorrhagic disease of the newborn for oral use is limited to Mephyton. (3) Prophylaxis for hemorrhagic disease of the newborn for intramuscular injection includes: (a) AquaMephyton; and (b) Konakion. (4) Resuscitation is limited to medical oxygen. Statutory/Other Authority: ORS 676.615 & ORS 687.493 Statutes/Other Implemented: ORS 687.493 History: DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 Renumbered from 332-025-0050 by DEM 5-2011, f. & cert. ef. 9-26-11 DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11 DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04 DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02 DEM 1-2001(Temp), f. & cert. ef. 10-1-01 thru 3-29-02
332-026-0030 Approved Devices An LDM may use the following Board approved devices: (1) Devices for injection of medications including: (a) Needles. (b) Syringes. (2) Devices for administration of intravenous fluids including: (a) Drip sets. (b) Catheters. (3) Devices for maternal and neonatal resuscitation including: (a) Suction devices; (b) Oxygen-delivery devices. (c) Bag-Valve-Mask-Sets. (4) Devices for rupturing the amniotic sac. (5) Devices for repairing the perineal area including: (a) Sutures; (b) Instruments for completing a repair. (c) Local anesthetic administration devices. Statutory/Other Authority: ORS 676.615 & ORS 687.493 Statutes/Other Implemented: ORS 687.493 History: DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 Renumbered from 332-025-0060 by DEM 5-2011, f. & cert. ef. 9-26-11 DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11 DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02 DEM 1-2001(Temp), f. & cert. ef. 10-1-01 thru 3-29-02
332-040-0000 Fees (1) An applicant and licensee are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding payment of fees, penalties and charges. (2) Fees established by the Office pursuant to ORS 676.576 are as follows: (a) Application: (A) License: $150. (B) License by reciprocity: $750. (b) Examination — Oregon laws & rules: $50. (c) Original issuance of license: $800 for one year. (d) Renewal — License: $800 for one year. (e) Reactivation of license: $150. (f) Other administrative fees: (A) Delinquency fee: $50 for each year the license is inactive for up to three years. (B) Replacement of license, including name change: $25. (C) Duplicate license document: $25 per copy, with a maximum of three. (D) Affidavit of licensure for reciprocity: $50. (E) An additional $25 administrative processing fee will be assessed if a non-sufficient funds or non-negotiable instrument is received for payment of fees, penalties and charges. Refer to OAR 331-010-0010. (3) As of April 1, 2020, an applicant applying for an original license totaling $800 may be granted a $350 license fee discount for a total cost for the license $450 until July 1, 2024. An application fee of $150 must be paid in order to grant the $350 license fee discount. The license fee discount is available to individuals who meet all application requirements for direct entry midwifery licensure under OAR 332-015-0030 and reside in Oregon. (4) As of April 1, 2020, an applicant applying to renew a license totaling $800 may be granted a $200 discount for a total cost for the license $600 until July 1, 2024. The license fee discount is available to individuals who meet all renewal requirements for direct entry midwifery licensure under OAR 332-020-0000 and reside in Oregon. Statutory/Other Authority: ORS 676.576, ORS 676.615, ORS 676.625, ORS 676.568, ORS 687.420 & ORS 687.425 Statutes/Other Implemented: ORS 676.576, ORS 676.615, ORS 676.625, ORS 676.568, ORS 687.420 & ORS 687.425 History: DEM 2-2020, amend filed 09/08/2020, effective 09/15/2020 DEM 1-2020, temporary amend filed 04/01/2020, effective 04/01/2020 through 09/27/2020 DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 DEM 1-2015, f. 6-30-15, cert. ef. 7-8-15 DEM 4-2012, f. & cert. ef. 7-25-12 DEM 2-2012(Temp), f. & cert. ef. 3-9-12 thru 9-5-12 DEM 7-2011(Temp), f. 12-20-11, cert. ef. 1-1-12 thru 6-29-12 DEM 4-2011, f. & cert. ef. 9-26-11
333-003-0010 Definitions For purposes of OAR 333-003-0020 through 333-003-0080, the following definitions apply: (1) “Authority” means the Oregon Health Authority. (2) “Bioterrorism” has the meaning given that term in ORS 433.442. (3) "Communicable disease" has the meaning given that term in ORS 431A.005. (4) "Condition of public health importance" has the meaning given that term in ORS 431A.005. (5) “Health care provider” has the meaning given that term in ORS 433.443. (6) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 and regulations adopted there under by the United States Department of Health and Human Services. (7) “Individually identifiable health information” has the meaning given that term in ORS 433.443. (8) "Local public health administrator" has the meaning given that term in ORS 431.003. (9) "Local public health authority" has the meaning given that term in ORS 431.003. (10) "Public health emergency" has the meaning given that term in ORS 433.442. (11) "Public health law" has the meaning given that term in ORS 431A.005. (12) "Reportable disease" has the meaning given that term in ORS 431A.005. (13) "State Public Health Director" is the person appointed by the Director of the Oregon Health Authority under ORS 431.035(3) or the State Public Health Director's designee. (14) "These rules" means OAR 333-003-0010 to 333-003-0210. Statutory/Other Authority: ORS 413.042 & 431A.020 Statutes/Other Implemented: ORS 433.441 - 433.452 & 431A.015 History: PH 17-2026, amend filed 02/04/2026, effective 02/05/2026 PH 7-2021, amend filed 01/25/2021, effective 01/25/2021 PH 11-2011, f. & cert. ef. 10-27-11 PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11 PH 8-2008, f. & cert. ef. 5-5-08 PH 25-2004, f. & cert. ef. 7-16-04