justicedao/ipfs_state_laws huggingface dataset:
333-265-0060 Paramedic Provisional Licensure (1) The Oregon Health Authority (Authority) shall discontinue issuing provisional licenses under this rule effective December 1, 2023. (2) Notwithstanding section (1) of this rule, any Paramedic with a current, active provisional license must continue to meet the requirements in this rule. (3) A Paramedic with a provisional license issued under these rules shall enter into an agreement with the Authority and shall submit quarterly reports to the Authority describing the license holder’s progress in obtaining an associate degree or higher from an accredited institution for higher learning. (4) A Paramedic provisional license shall be revoked if the person: (a) Ceases active involvement with the sponsoring EMS agency; (b) Fails to meet the conditions set forth in the agreement; (c) Fails to cooperate or actively participate in a request from the Authority in order to obtain more information or required materials; (d) Has their EMS provider scope of practice revoked or restricted by their EMS medical director; or (e) Does not submit written documentation of the successful completion of any of the educational requirements set out in this rule. (5) A Provisional Paramedic license expires on the date specified in the agreement and on the license. (6) A Provisional Paramedic who has not obtained as associate degree in accordance with this rule may apply for a Transitional Paramedic license in accordance with OAR 333-265-0027. Statutory/Other Authority: ORS 682.017 & 682.216 Statutes/Other Implemented: ORS 682.017 & 682.216 History: PH 52-2023, amend filed 11/07/2023, effective 12/01/2023 PH 67-2021, minor correction filed 10/05/2021, effective 10/05/2021 PH 8-2017, f. & cert. ef. 3-30-17 PH 1-2013, f. & cert. ef. 1-25-13 PH 15-2011, f. 12-28-11, cert. ef. 1-1-12 PH 13-2010, f. 6-30-10, cert. ef. 7-1-10 PH 10-2008, f. & cert. ef. 6-16-08 OHD 9-2001, f. & cert. ef. 4-24-01 HD 18-1994, 6-30-94, cert. ef. 7-1-94
333-265-0070 Out-of-State EMS Provider Rendering Patient Care in Oregon (1) Any person who provides prehospital emergency or non-emergency care in Oregon must be licensed as an Oregon EMS provider and function under an Authority-approved EMS medical director. (2) Oregon EMS provider licensure is not required when: (a) Specifically exempted by ORS 682.035; (b) An out-of-state licensed EMS provider is transporting a patient through the state; (c) An out-of-state licensed EMS provider is caring for and transporting a patient from an Oregon medical facility to an out-of-state medical facility or other out-of-state location; (d) An out-of-state licensed EMS provider is caring for and transporting a patient originating from outside of Oregon to a medical facility or other location in Oregon; or (e) A disaster or public health emergency has been declared under ORS chapter 401 or 433 and licensing provisions have been waived by the Governor. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 & 682.204 History: PH 8-2017, f. & cert. ef. 3-30-17 PH 15-2011, f. 12-28-11, cert. ef. 1-1-12 PH 13-2010, f. 6-30-10, cert. ef. 7-1-10 PH 10-2008, f. & cert. ef. 6-16-08 OHD 9-2001, f. & cert. ef. 4-24-01 HD 18-1994, f. 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0025 HD 19-1991, f. & cert. ef. 10-18-91 HD 16-1986, f. & cert. ef. 9-9-86 HD 19-1984, f. & cert. ef. 9-10-84 HD 1-1981, f. & cert. ef. 1-14-81, Renumbered from 333-023-0625 HD 63, f. 6-6-74, cert. ef. 6-25-74
333-265-0080 Reporting Obligations (1) In accordance with ORS 676.150 and using a written or electronic form prescribed by the Oregon Health Authority (Authority), an EMS provider must notify the Authority within 10 calendar days of any action or event listed in sections (2) or (3) of this rule. Failure to comply with the reporting requirements of this rule may result in disciplinary action against the EMS provider. (2) An EMS provider who has reasonable cause to believe another EMS provider has engaged in prohibited, dishonorable or unprofessional conduct as defined in ORS 676.150, 682.025, 682.220, and OAR 333-265-0083 shall report that conduct to the Authority after the EMS provider learns of the conduct unless state or federal laws relating to confidentiality or the protection of health information prohibit such a disclosure. (3) An EMS provider shall report to the Authority the following: (a) Conviction of a misdemeanor or felony; (b) A felony arrest; (c) A disciplinary restriction placed on a scope of practice of the license holder by the EMS medical director; (d) A legal action being filed against the license holder alleging medical malpractice or misconduct; (e) A physical disability that affects the ability of the license holder to meet the applicable Functional Job Analysis of the National Standard Curriculum and the license holder continues to respond to calls and is providing patient care; (f) A change in mental health which may affect a license holder’s ability to perform as a licensed EMS provider; or (g) If a Transitional Paramedic, separation of employment from the sponsoring licensed ambulance service. (4) State or federal laws relating to confidentiality or the protection of health information that might prohibit an EMS provider from reporting prohibited or unprofessional conduct include but are not limited to: (a) Public Law 104-191, 45 CFR Parts 160, 162, and 164 (The Health Insurance Portability and Accountability Act, HIPAA); (b) 42 CFR Part 2 (federal law protecting drug and alcohol treatment information); (c) ORS 192.553 through 192.581 (state law protecting health information); and (d) ORS 179.505 (written accounts by health care providers). (5) After receiving a report described in sections (2) and (3), the Authority may conduct an investigation in accordance with OAR 333-265-0085. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017, 682.220 & 682.224 History: PH 52-2023, amend filed 11/07/2023, effective 12/01/2023 PH 8-2017, f. & cert. ef. 3-30-17 PH 15-2011, f. 12-28-11, cert. ef. 1-1-12 PH 13-2010, f. 6-30-10, cert. ef. 7-1-10 PH 10-2008, f. & cert. ef. 6-16-08 OHD 9-2001, f. & cert. ef. 4-24-01 HD 18-1994, f. 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0035 HD 19-1991, f. & cert. ef. 10-18-91 HD 16-1986, f. & cert. ef. 9-9-86 HD 1-1981, f. & cert. ef. 1-14-81, Renumbered from 333-023-0635 HD 63, f. 6-6-74, cert. ef. 6-25-74
333-265-0085 Investigations (1) The Oregon Health Authority (Authority) may conduct an investigation of an EMS provider if: (a) The Authority receives a report in accordance with ORS 676.150 or complaint concerning an EMS provider; (b) Personal or criminal history questions arise during a review of an application that raise questions about the EMS provider's ability to safely perform the duties of an EMS provider; (c) A reportable action is received pursuant to OAR 333-265-0080; (d) An EMS provider licensed as a Transitional Paramedic has failed to submit accurate annual progress reports; or (e) The Authority receives information in any manner that indicates an EMS provider: (A) Has violated ORS chapter 682 or these rules; (B) May be medically incompetent; (C) May be guilty of prohibited, unprofessional or dishonorable conduct; or (D) May be mentally or physically unable to safely function as an EMS provider. (2) The Authority may investigate the off-duty conduct of an EMS provider to the extent that such conduct may reasonably raise questions about the ability of the EMS provider to perform the duties of an EMS provider in accordance with the standards established by the Authority. (3) Upon receipt of a report or complaint about an EMS provider or applicant, the Authority may conduct an investigation as described under ORS 676.165 and 682.220. Investigations shall be conducted in accordance with ORS 676.175, ORS 682.224, and this rule. (4) The fact that an investigation is conducted by the Authority does not imply that disciplinary action will be taken. (5) During an investigation the Authority may do any of the following: (a) Request additional information from the EMS provider; (b) Conduct a phone or in-person interview; or (c) Request or order that the EMS provider undergo a psychological, physical, psychiatric, alcohol or chemical dependency assessment. (6) Information obtained during an investigation shall be kept confidential and not disclosed to the public. (7) In determining the appropriate disciplinary action, the Authority shall consider the following: (a) The nature of the violation and relevant facts; (b) The number of repeated or related offenses; (c) Any other discipline or corrective action taken by an employer or supervising physician; and (d) Letters of support, recommendation or concern if offered by the licensee or other party. (8) Prior to taking any disciplinary action the Authority must determine if the EMS provider has been disciplined for the questioned conduct by the EMS provider’s employer or supervising physician. The authority shall consider any such discipline or any other corrective action in deciding whether additional discipline or corrective action by the Authority is appropriate. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 676.165, 676.175, 682.017, 682.220 & 682.224 History: PH 52-2023, amend filed 11/07/2023, effective 12/01/2023 PH 8-2017, f. & cert. ef. 3-30-17 PH 1-2013, f. & cert. ef. 1-25-13 PH 15-2011, f. 12-28-11, cert. ef. 1-1-12 PH 13-2010, f. 6-30-10, cert. ef. 7-1-10
333-265-0087 Discipline (1) Upon completion of an investigation the Authority may do any of the following: (a) Close the investigation and take no action; (b) Issue a letter of reprimand or instruction; (c) Place the EMS provider on probation; (d) Place a practice restriction on the EMS provider; (e) Suspend the EMS provider; (f) Revoke the license of the EMS provider; (g) Enter into a stipulated agreement with the EMS provider to impose discipline; or (h) Take such other disciplinary action as the Authority, in its discretion, finds proper, including assessment of a civil penalty not to exceed $5,000. (2) Any disciplinary action taken by the Authority will be done in accordance with ORS chapter 183. (3) The Authority may assess the costs of a disciplinary proceeding against an EMS provider. Costs may include, but are not limited to: (a) Costs incurred by the Authority in conducting the investigation; (b) Costs of any evaluation or assessment requested by the Authority; and (c) Attorney fees. (4) An EMS provider may voluntarily surrender their license if the EMS provider submits a written request to the Authority specifying the reason for the surrender and the Authority agrees to accept the voluntary surrender. (a) The Authority may accept a voluntary surrender of the EMS provider license on the condition that the EMS provider does not reapply for licensure, or agrees not to reapply for a specified period of time. (b) If an EMS provider who voluntarily surrendered their EMS provider license applies for reinstatement, the Authority may deny that person's application if the Authority finds that the person has committed an act that would have resulted in discipline being imposed while they were previously licensed. (5) If an EMS provider’s license is revoked, they may not reapply for licensure for at least two years from the date of the final order revoking the license. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017, 682.220 & 682.224 History: PH 69-2021, minor correction filed 10/05/2021, effective 10/05/2021 PH 255-2018, amend filed 09/25/2018, effective 09/25/2018 PH 8-2017, f. & cert. ef. 3-30-17 PH 15-2011, f. 12-28-11, cert. ef. 1-1-12 PH 13-2010, f. 6-30-10, cert. ef. 7-1-10
333-265-0140 Maintaining Continuing Education Records (1) A license holder is responsible for retaining verifiable and accurate records that show completion of all required continuing education for the two previous licensure periods. (2) A license holder must submit continuing education records to the Oregon Health Authority upon request. (3) Acceptable records that show proof of completion of continuing education shall include any of the following documents: (a) A course roster; (b) A certificate of course completion for one or more topics; (c) A computer generated printout history of the license holder's continuing education record. The agency responsible for the printout must verify the accuracy of the record by memo or signature; or (d) Self-study documentation. (4) The documents specified in subsections (3)(a) through (c) of this rule must include the following information: (a) The full name of the license holder attending the course or for which the computer generated history applies; (b) The name of the institution hosting or conducting the course; (c) The physical location where the course was held; (d) The course topic; (e) The date(s) of the course(s); (f) The length of each course; and (g) The full name of each instructor teaching the course. (5) Self-study documentation must include the following: (a) Source (journal name and location, web link or video title); (b) Topic; and (c) Date completed. Statutory/Other Authority: ORS 682.017 & ORS 682.208 Statutes/Other Implemented: ORS 682.017, ORS 682.208 & ORS 682.216 History: PH 78-2024, amend filed 10/31/2024, effective 11/01/2024 PH 8-2017, f. & cert. ef. 3-30-17 PH 15-2011, f. 12-28-11, cert. ef. 1-1-12 PH 13-2010, f. 6-30-10, cert. ef. 7-1-10 PH 10-2008, f. & cert. ef. 6-16-08 OHD 9-2001, f. & cert. ef. 4-24-01 HD 18-1994, 6-30-94, cert. ef. 7-1-94
333-265-0150 Continuing Education Records Audit (1) The Authority may conduct an audit of a license holder’s continuing education records: (a) The Authority shall notify the license holder that they are being audited and provide them with the necessary electronic audit forms and the date the completed forms are to be submitted to the Authority; and (b) Upon the return of the completed audit forms to the Authority, the Authority shall begin the process of verifying the continuing education records. (2) If, in the course of an audit of continuing education records, the Authority learns that, contrary to the sworn statement in the application for license renewal or in the official audit form, the license holder has not completed all necessary continuing education requirements, or used fraud or deception in reporting continuing education, the Authority may: (a) Discipline the license holder as set out in OAR 333-265-0087; (b) Assess a civil penalty per each hour of deficient continuing education; or (c) Require the license holder to demonstrate their knowledge by taking and passing a cognitive examination conducted by the Authority. (3) The actions taken by the Authority in section (2) of this rule will be done in accordance with ORS chapter 183. Statutory/Other Authority: ORS 682.017 & 682.208 Statutes/Other Implemented: ORS 682.017, 682.028, 682.208, 682.216, 682.220 & 682.224 History: PH 73-2021, minor correction filed 10/05/2021, effective 10/05/2021 PH 255-2018, amend filed 09/25/2018, effective 09/25/2018 PH 8-2017, f. & cert. ef. 3-30-17 PH 15-2011, f. 12-28-11, cert. ef. 1-1-12 PH 13-2010, f. 6-30-10, cert. ef. 7-1-10 PH 10-2008, f. & cert. ef. 6-16-08 OHD 9-2001, f. & cert. ef. 4-24-01 HD 8-1995, f. & cert. ef. 11-6-95 HD 18-1994, 6-30-94, cert. ef. 7-1-94
333-265-0160 Responsibility to Notify the Authority of Changes (1) A license holder must keep the Authority apprised of and report the following changes within 30 calendar days of a change in: (a) EMS medical director, unless the license holder is affiliated with an ambulance service that is on file with the Authority; (b) Legal name; (c) Mailing address; (d) Electronic mail (e-mail) address; (e) Main contact phone number; and (f) EMS affiliation. (2) When reporting a new affiliation, an EMS provider must supply the Authority with verification of completion of skills competency as referenced in Appendix 1: Oregon Licensed EMS Providers Minimum Continuing Education Requirements and it must be signed by their medical director or designee unless verification was completed during the most recent license renewal period. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 History: PH 74-2021, minor correction filed 10/05/2021, effective 10/05/2021 PH 8-2021, amend filed 01/26/2021, effective 07/01/2021 PH 27-2020, amend filed 04/27/2020, effective 07/01/2020 PH 255-2018, amend filed 09/25/2018, effective 09/25/2018 PH 8-2017, f. & cert. ef. 3-30-17 PH 1-2013, f. & cert. ef. 1-25-13 PH 15-2011, f. 12-28-11, cert. ef. 1-1-12 PH 13-2010, f. 6-30-10, cert. ef. 7-1-10 PH 10-2008, f. & cert. ef. 6-16-08 OHD 9-2001, f. & cert. ef. 4-24-01 HD 8-1995, f. & cert. ef. 11-6-95 HD 18-1994, 6-30-94, cert. ef. 7-1-94
333-265-0170 Displaying EMS Provider Licensure Level (1) A licensed EMS provider providing patient care must display their level of licensure on the outermost garment of their usual work uniform. (2) A licensed EMS provider licensure level need not be displayed on emergency work apparel not normally worn during the provision of prehospital patient care, such as hazmat suits, anti-contamination or radiation suits, firefighting apparel, etc. (3) A licensed EMS provider responding from home or other off-duty location shall make a reasonable effort to display their licensure level. Baseball-type hats, T-shirts, and safety vests, for example, are accepted for this purpose. Statutory/Other Authority: ORS 682.017 Statutes/Other Implemented: ORS 682.017 History: PH 75-2021, minor correction filed 10/05/2021, effective 10/05/2021 PH 8-2017, f. & cert. ef. 3-30-17 PH 15-2011, f. 12-28-11, cert. ef. 1-1-12 PH 10-2008, f. & cert. ef. 6-16-08 OHD 9-2001, f. & cert. ef. 4-24-01
333-270-0010 Purpose (1) These rules establish a registry (the Oregon POLST Registry) within the Oregon Health Authority for the collection of POLST forms and the dissemination of information from POLSTs to help ensure that medical treatment preferences for individuals nearing the end of the individual’s life are honored. (2) The Registry may be operated and maintained by a contractor of the Authority. Statutory/Other Authority: ORS 127.666 Statutes/Other Implemented: ORS 127.663-127.684 History: PH 12-2009, f. & cert. ef. 12-3-09
333-270-0020 Scope and Applicability (1) A POLST form may be signed by a naturopathic physician on or after January 2, 2018. (2) The Authority is not responsible for and these rules do not: (a) Prescribe the content or form of a POLST; (b) Provide for the dissemination of POLST forms; (c) Provide POLST teaching resources; (d) Provide for educating the public about POLST; or (e) Provide training for health care professionals about POLST. (3) The Authority may cooperate with organizations and agencies active in POLST issues to help carry out the activities described in section (2) of this rule. (4) The Registry shall accept POLST forms signed by a physician, nurse practitioner, physician associate or naturopathic physician: (a) Licensed in Oregon at the time the POLST form information is entered into the Registry; or (b) Permitted to practice in Oregon under ORS 677.060(1) or 678.031(1). (5) A person who is the subject of the POLST form (meeting the requirements defined below) need not be a resident of Oregon in order for the form to be included in the Registry. (6) A more recently executed POLST form automatically voids a previous POLST form. Statutory/Other Authority: ORS 127.666 Statutes/Other Implemented: ORS 127.663-127.684 History: PH 52-2024, minor correction filed 06/06/2024, effective 06/06/2024 PH 11-2017, amend filed 10/13/2017, effective 10/13/2017 PH 12-2009, f. & cert. ef. 12-3-09
333-270-0030 Definitions As used in OAR chapter 333, division 270: (1) "Ambulance service" has the meaning given that term in ORS 682.025. (2) "Authority" means the Oregon Health Authority. (3) "Authorized user" means a person authorized by the Authority to provide information to or receive information from the Registry. (4) "Hospice program" has the meaning given that term in ORS 443.850. (5) "Hospital" has the meaning given that term in ORS 442.015. (6) "Life-sustaining treatment" means any medical procedure, pharmaceutical, medical device or medical intervention that maintains life by sustaining, restoring or supplanting a vital function. "Life-sustaining treatment" does not include routine care necessary to sustain patient cleanliness and comfort. (7) "Long term care facility" means nursing facilities, assisted living and residential care facilities and adult foster homes licensed under OAR chapter 411, divisions 85, 54, and 50, or facilities federally funded to care for veterans. (8) "Naturopathic physician" has the meaning given that term in ORS 685.010. (9) "Non-transporting emergency medical services (EMS) agency" means any individual, partnership, corporation, association, governmental agency or unit or other entity that uses licensed EMS providers to provide emergency care or non-emergency care in the out-of-hospital environment to persons who are ill or injured, but does not transport patients to a hospital. (10) "Nurse practitioner" has the meaning given that term in ORS 678.010; and means a nurse practitioner permitted to practice in a federal facility pursuant to ORS 678.031(1). (11) "Patient" means the person who is the subject of the POLST form. (12) "Personal representative" has the meaning given that term in ORS 192.556. (13) "Physician" has the meaning given that term in ORS 677.010. (14) "Physician associate" has the meaning given that term in ORS 677.495. (15) "POLST" means a Physician Order or Portable Order for Life-Sustaining Treatment signed by a physician, nurse practitioner, physician associate or naturopathic physician. (16) "POLST form" means a form, prescribed by the Oregon Health & Science University that contains a POLST, and any revision of the POLST. (17) "Registry" means the Oregon POLST Registry authorized by ORS 127.666. (18) "Revocation" means the cancellation of a POLST form in any written form. (19) "Signed" means a physical signature, electronic signature or verbal order documented per standard medical practice. Statutory/Other Authority: ORS 127.666 Statutes/Other Implemented: ORS 127.663-127.684 History: PH 53-2024, minor correction filed 06/06/2024, effective 06/06/2024 PH 3-2024, amend filed 02/08/2024, effective 02/13/2024 PH 11-2017, amend filed 10/13/2017, effective 10/13/2017 PH 12-2009, f. & cert. ef. 12-3-09
333-270-0060 Confidentiality of Registry Information (1) Registry information may only be released to: (a) Persons and facilities described in OAR 333-270-0050 or 333-270-0080; and (b) Authorized researchers. (2) Registry information may only be released for the purposes specified in OAR 333-270-0050 or 333-270-0080. (3) All information collected or developed by the Registry that identifies or could be used to identify a patient, health care provider or facility is confidential and is not subject to civil or administrative subpoena or to discovery in a civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding. (4) Only the minimum amount of information needed to accomplish the intended purposes shall be released under this rule. Statutory/Other Authority: ORS 127.666 Statutes/Other Implemented: ORS 127.663-127.684 History: PH 12-2009, f. & cert. ef. 12-3-09