justicedao/ipfs_state_laws huggingface dataset:
409-025-0190 Data Review Committee (1) The Authority shall convene a Data Review Committee (DRC) to evaluate completed applications. (2) The Authority may accept nominations for and make appointments to the DRC. The DRC shall include at least one mandatory reporter to serve in an advisory capacity. (3) The DRC evaluation shall include, but is not limited to: (a) Whether proposed purpose for accessing APAC data is allowable under Authority policies and state and federal rules, regulations, and statutes; (b) Whether IRB documentation is required and, if submitted, is sufficient; (c) Whether the proposed privacy and security protections are sufficient; and (d) Whether additional clarification is needed to complete the review. (4) The Authority shall publish a DRC meeting schedule on its website and post applications scheduled to be reviewed, which detail the proposed use of the data and detail the data elements requested to be released at least two weeks prior to the next DRC meeting. The Authority shall receive public comment on applications scheduled for review. The DRC will review and consider all public comments as part of the data request review process. (5) Consideration of applications for limited data sets: (a) The Authority shall schedule completed applications for review by the DRC on a first-come-first-served basis. (b) The DRC shall recommend that The Authority approve or deny the application or defer action pending clarification from the requestor. (c) The Authority shall accept or reject the DRC’s recommendation and notify the requestor within 10 business days of the review. (d) The Authority may deny a completed application for reasons which include, but are not limited to: (A) Requestor or any person who will have access to the data has previously violated a data use agreement with the Authority; (B) Full payment is not included with the application; (C) The proposed privacy and security protections are not sufficient; (D) Information provided is not sufficient to approve the request; and (E) Proposed purpose for accessing APAC data is not allowable under authority policies or state or federal rules, regulations, or statutes. (e) If the DRC requests clarification, the requestor shall have 30 calendar days to provide the requested information to the Authority. After 30 calendar days, applications with incomplete requests for clarification shall be discarded without further notification to the requestor. (f) Upon receipt of the requested clarification the Authority shall schedule re-evaluation with the DRC on a first-come-first-served basis. (g) If a request is denied, a person may submit a written request for reconsideration that includes the basis upon which the person believes the request should have been granted. If the Authority receives a request for reconsideration, it will determine whether to grant reconsideration and approve the request or whether the denial stands. The Authority shall provide its decision in writing to the person requesting reconsideration. Statutory/Other Authority: ORS 413.042 & 442.466 Statutes/Other Implemented: ORS 442.464 & 442.466 History: OHP 1-2019, adopt filed 05/30/2019, effective 07/01/2019
409-026-0100 Definitions The following definitions apply to OAR 409-026-0100 to 409-026-0140: (1) “Authority” means the Oregon Health Authority. (2) “Electronic media” means an electronic data storage medium. (3) “Health care workforce information” means data collected using the license renewal process for selected Oregon health care professionals. (4) “Health care workforce regulatory board” means the following: (a) Board of Licensed Dietitians; (b) Board of Medical Imaging; (c) Occupational Therapy Licensing Board; (d) Oregon Board of Dentistry; (e) Oregon Board of Examiners for Speech-Language Pathology and Audiology; (f) Oregon Board of Licensed Professional Counselors and Therapists; (g) Oregon Board of Naturopathic Medicine; (h) Oregon Board of Optometry; (i) Oregon Medical Board; (j) Oregon State Board of Licensed Social Workers; (k) Oregon State Board of Nursing; (l) Physical Therapist Licensing Board; (m) Respiratory Therapist and Polysomnographic Technologist Licensing Board; (n) State Board of Chiropractic Examiners; (o) State Board of Massage Therapists; (p) State Board of Pharmacy; and (q) State Board of Psychologist Examiners. Statutory/Other Authority: ORS 676.410 Statutes/Other Implemented: ORS 676.410 History: OHP 3-2016, f. & cert. ef. 3-25-16 OHP 2-2016(Temp), f. & cert. ef. 2-8-16 thru 8-2-16 OHP 4-2009, f. 12-23-09, cert. ef. 1-1-10
409-026-0110 Data Elements (1) Pursuant to ORS 676.410, a health care workforce regulatory board must collaborate with the Oregon Health Authority to collect health care workforce information. The information may include but is not limited to the following: (a) Gender; (b) Race; (c) Ethnicity (d) Languages spoken; (e) Year of birth; (f) Educational background; (g) Specialty training or certification; (h) Practice status and hours; (i) Practice type and setting; (j) Geographic location of practice; and (k) Future practice plans. (2) The Authority may not include any health care workforce information relating to licensees’ disciplinary actions or criminal background. (3) The Authority shall collaborate with health care workforce regulatory boards to determine data elements and specifications and communicate the information to the health care workforce regulatory boards no later than six months prior to data collection. (4) The Authority shall provide a data collection tool that health care workforce regulatory boards may use to collect required data elements. (5) The healthcare workforce regulatory boards that utilize the Authority’s data collection tool shall provide verification information to the Authority, which may include: (a) License number; (b) Name; (c) Birth year; and (d) Original license date. Statutory/Other Authority: ORS 676.410 Statutes/Other Implemented: ORS 676.410 History: OHP 3-2016, f. & cert. ef. 3-25-16 OHP 2-2016(Temp), f. & cert. ef. 2-8-16 thru 8-2-16 OHP 4-2009, f. 12-23-09, cert. ef. 1-1-10
409-026-0120 Reporting Schedule and Format (1) Health care licensing boards shall include data collection set forth OAR 409-026-0110 in the license renewal process, using the Authority’s provided data collection tool or other tool agreed upon by the Authority. (2) Collection of the health care workforce information required by this rule shall begin on the following dates: (a) For health care professionals licensed by the Oregon State Board of Nursing; May 1, 2009; (b) For health care professionals licensed by the Oregon Medical Board; October 1, 2009; (c) For health care professionals licensed by the Oregon Occupational Therapy Licensing Board, the Oregon Board of Dentistry, the Oregon Physical Therapist Licensing Board, the State Board of Pharmacy, and the Board of Examiners of Licensed Dieticians; for license renewal periods on or after January 1, 2010. (d) For health care professionals licensed by the Respiratory Therapist and Polysomnographic Technologist Licensing Board, and Oregon State Board of Social Workers; June 1, 2016. (e) For chiropractic physicians licensed by the Oregon Board of Chiropractic Examiners; June 1, 2016. For chiropractic assistants licensed by the Oregon Board of Chiropractic Examiners; June 1, 2017. (f) For health care professionals licensed by the Oregon Board of Massage Therapists, Oregon State Board of Licensed Professional Counselors and Therapists, and Oregon State Board of Psychologist Examiners; July 1, 2016. (g) For the health care professionals licensed by the Oregon Board of Medical Imaging; September 1, 2016. (h) For health care professionals licensed by the Oregon Board of Naturopathic Medicine; November 1, 2016. (i) For the health care professionals licensed by the Oregon Board of Optometry; June 1, 2017. (j) For the health care professionals licensed by the Oregon Board of Examiners for Speech-language Pathology and Audiology; November 1, 2017. (3) Health care workforce regulatory boards shall submit required information to the Authority according to the following schedule: (a) For health care workforce regulatory boards with a fixed licensing period or periods, the information shall be submitted within 90 days of the close of each period; (b) For health care workforce regulatory boards with rolling licensing periods, the information shall be submitted annually, no later than July 1 of each year, or a date agreed upon by the Authority. (4) The health care workforce information shall be submitted in one file that includes unique records for each individual license renewed during the reporting period. (5) The records must be assembled in the format proscribed by the Authority and must be submitted electronically or on electronic media. Statutory/Other Authority: ORS 676.410 Statutes/Other Implemented: ORS 676.410 History: OHP 3-2016, f. & cert. ef. 3-25-16 OHP 2-2016(Temp), f. & cert. ef. 2-8-16 thru 8-2-16 OHP 4-2009, f. 12-23-09, cert. ef. 1-1-10
409-026-0130 Fees (1) The Authority shall establish a per-license fee to cover the cost of collecting and reporting health care workforce information. The fee shall be calculated by adding the costs necessary to compile, maintain, and analyze the health care workforce information and dividing that cost by the approximate number of individuals licensed in Oregon. (2) Each health care licensing board shall submit, in a format agreed to by the Authority and each Board, the total number of individuals renewed in accordance with the schedule set forth in OAR 409-026-0120 for use in determination of fee calculation for the previous license period. (3) The fee may not exceed $4.00 per individual licensed for two years and $2.00 per individual licensed for one year for individuals renewing on or after January 1, 2016. If the per-license fee calculation results in a figure above $4.00, the Authority shall review the process for calculating the fee with a stakeholder group with representation from each health care workforce regulatory board. (4) The health care workforce information fees collected by health care workforce regulatory boards shall be paid to the Authority on a schedule agreed to by the Authority and each health care workforce regulatory board. (5) Late payments are subject to recovery in accordance with the laws of the State of Oregon. Statutory/Other Authority: ORS 676.410 Statutes/Other Implemented: ORS 676.410 History: OHP 3-2016, f. & cert. ef. 3-25-16 OHP 2-2016(Temp), f. & cert. ef. 2-8-16 thru 8-2-16 OHP 4-2009, f. 12-23-09, cert. ef. 1-1-10
409-026-0140 Data Access (1) For purposes of planning or analysis, the Authority may share de-identified, individual-level health care workforce data with other state agencies, including but not limited to: (a) Agencies, offices, or contractors of the Authority. (b) The Oregon Employment Department. (2) The Authority may not provide individual-level public data sets to a non-governmental agency without written consent from the relevant health care workforce regulatory board. Statutory/Other Authority: ORS 676.410 Statutes/Other Implemented: ORS 676.410 History: OHP 3-2016, f. & cert. ef. 3-25-16 OHP 2-2016(Temp), f. & cert. ef. 2-8-16 thru 8-2-16 OHP 4-2009, f. 12-23-09, cert. ef. 1-1-10
409-030-0100 Purpose These rules (OAR 409-030-0100 to 409-030-0250) establish standards for administrative requirements for health professional student placements in clinical training settings within the state of Oregon. The purpose of these rules is to mitigate inconsistencies that currently exist across clinical placements; to promote efficient solutions to reduce costs for students, health profession programs and clinical placement sites; and to ensure patient, clinical staff and student safety. These rules pertain to credentials that students must obtain and requirements that clinical placement sites may set. Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 24-2019, amend filed 11/06/2019, effective 11/15/2019 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0120 General applicability (1) These rules apply to all students who: (a) Plan to undergo clinical training at a setting listed in OAR 409-030-0140 within the state of Oregon; regardless of the location of the health profession or health-related profession program in which the student is matriculated; (b) Concentrate on a health professional or health-related professional discipline listed in OAR 409-030-0130; (c) Have direct contact with patients at any point during the clinical placement; and (d) Are matriculated into a health professional or health related professional training program as described in OAR 409-030-0130. (2) Clinical sites may require instructors from the health profession program to satisfy the same requirements for immunizations, screenings, trainings, and other requirements set forth in these rules, if the instructor accompanies students onsite during clinical training and engages in direct contact with patients on behalf of or in support of the student. (3) Except as provided in OAR 409-030-0150, covered clinical sites may not create additional or more stringent administrative requirements within the categories addressed by these rules for students and instructors covered by these rules. Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 1-2025, amend filed 03/25/2025, effective 03/25/2025 OHP 5-2023, amend filed 12/28/2023, effective 12/28/2023 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0140 Clinical Settings (1) Except as provided in OAR 409-030-0140 section (2) and 409-030-0150, these rules apply to the following clinical facilities hosting health professions students in the disciplines described in OAR 409-030-0130: (a) Ambulatory care settings, including but not limited to clinics, private practices, Federally Qualified Health Centers, and primary care homes; (b) Ambulatory surgical centers, as defined in ORS 442.015; (c) Funeral establishments, as defined in ORS 692.146; (d) Hospice, as defined in ORS 443.860; (e) Hospitals and emergency departments, as defined in ORS 442.015; (f) Long term care facilities, as defined in ORS 442.015; (g) Residential care facilities, as defined in ORS 443.400; and (h) Skilled nursing facilities, as defined in ORS 442.015; (i) Higher-education institutions, as defined in ORS 419B.005; (j) Other sites not listed above where health care is delivered. (2) In addition to the exceptions provided in OAR 409-030-0150, these rules do not apply to the following clinical facilities hosting health professions students in the disciplines described in OAR 409-030-0130 for a clinical placement: (a) Chiropractic, acupuncture, and massage therapy clinics that are independent and not associated with a clinical placement setting listed in OAR 409-030-0140(1). (b) Federal facilities, including Department of Veterans’ Affairs facilities, Indian Health Service facilities, Tribal clinics, and federal prisons. Standards for clinical placement in federal facilities are set at the federal level. (c) Health management or administration departments. (d) Public elementary and secondary schools (grades K-12). (e) Radiosurgery clinical placements. The Nuclear Regulatory Commission sets requirements for students involved in radiosurgery. (f) State prisons and correctional facilities. (g) Oregon State Hospital. (3) Completion of the administrative requirements in these rules only ensures administrative clearance for students. Clinical placement settings shall make all final clearance and placement decisions. Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 1-2025, amend filed 03/25/2025, effective 03/25/2025 OHP 5-2023, amend filed 12/28/2023, effective 12/28/2023 OHP 4-2015, f. & cert. ef. 7-1-15 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0160 Regular Review of Clinical Placement Standards (1) The Authority shall convene an advisory group that may include representatives of affected students, health profession programs, clinical settings, and healthcare boards that regulate health profession programs. The Authority and the advisory group shall review the standards set forth in sections OAR 409-030-0170 through 409-030-0240 of these rules annually. Affected parties may bring proposed changes to the annual review process. (2) Standards for immunizations are based on CDC guidance and other state and federal regulatory bodies overseeing immunization and vaccinations for health care workers. Rules shall be updated as needed to remain in compliance with suggested vaccination schedules and other recommendations from these regulatory bodies related to the applicable immunizations and screenings listed in Table 1 in OAR 409-030-0150. (3) State and nationwide criminal background check standards are based on rules determined by authorized state and federal regulatory bodies, including but not limited to the Joint Commission. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 1-2025, amend filed 03/25/2025, effective 03/25/2025 OHP 5-2023, amend filed 12/28/2023, effective 12/28/2023 OHP 24-2019, amend filed 11/06/2019, effective 11/15/2019 OHP 4-2015, f. & cert. ef. 7-1-15 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0170 Administrative Requirements for Clinical Placement (1) To qualify for a clinical placement at a covered site within the state of Oregon, covered students must satisfy requirements for each of the following categories prior to the start of the intended placement period. See Table 1 in OAR 409-030-0150 for an expanded list relating to: (a) Immunizations; (b) Screenings; (c) Trainings; and (d) Evidence of coverage for professional liability and general liability. (2) Health profession programs and clinical placement settings are not required to pay for or otherwise administer any screenings or tests listed in these rules. (3) Health profession programs must verify and retain evidence demonstrating that a student has completed all requirements listed in these rules prior to starting a placement for the student at a clinical setting, for a minimum of six months from the time the student leaves the educational program. The health profession program shall provide evidence of completed requirements to clinical sites, as requested. (4) All completed screenings, immunizations, and trainings for each clinical rotation student shall be valid until reevaluation of the rule by a Rules Advisory Committee convened by the Authority, unless otherwise specified by a state of federal statute. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 1-2025, amend filed 03/25/2025, effective 03/25/2025 OHP 5-2023, amend filed 12/28/2023, effective 12/28/2023 OHP 24-2019, amend filed 11/06/2019, effective 11/15/2019 OHP 4-2015, f. & cert. ef. 7-1-15 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0180 Immunization Standards (1) Table 1 in OAR 409-030-0150 lists the diseases and the corresponding required immunizations that students must have in order to receive a clinical placement or the immunizations that students are recommended to have but that are not required in order to receive a clinical placement. (2) Evidence of immunization may be demonstrated through the following: (a) A document appropriately signed or officially stamped and dated by a qualified medical professional or an authorized representative of the local health department, which must include one of the following: (A) The day, month and year of each dose of each vaccine received; or (B) Documentation of proof of immunity to the disease via titer; or (C) In the case where a student has the disease, written documentation by a qualified medical professional indicating the day, month and year the diagnosis of the disease was confirmed (b) An official record from the Oregon ALERT Immunization Information System. (3) Individual student medical exemptions from specific immunizations must be maintained by health profession programs as part of the overall record of the student. Documentation for exemption requires a written statement of exemption signed by a qualified medical professional. Non-medical exemptions from required immunizations are not allowed. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 1-2025, amend filed 03/25/2025, effective 03/25/2025 OHP 5-2023, amend filed 12/28/2023, effective 12/28/2023 OHP 24-2019, amend filed 11/06/2019, effective 11/15/2019 OHP 4-2015, f. & cert. ef. 7-1-15 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0190 Screening Standards Table 1 in OAR 409-030-0150 provides detailed information related to required screenings for students’ clinical placements. Required screenings consist of: (1) Tuberculosis (OAR 409-030-0200); (2) Substance abuse or misuse (OAR 409-030-0210); and (3) State and nationwide criminal background check (OAR 409-030-0220). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 1-2025, amend filed 03/25/2025, effective 03/25/2025 OHP 5-2023, amend filed 12/28/2023, effective 12/28/2023 OHP 24-2019, amend filed 11/06/2019, effective 11/15/2019 OHP 4-2015, f. & cert. ef. 7-1-15 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0200 Tuberculosis Screening (1) A student must obtain and provide documentation for TB screening consistent with the requirements for immunization in OAR 409-030-0180. (2) TB screening must be conducted in a manner consistent with the CDC guidelines available at https://www.cdc.gov/tb-healthcare-settings/ or other Oregon or federal health authority guidelines prior to the start date of the initial clinical placement. Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 1-2025, amend filed 03/25/2025, effective 03/25/2025 OHP 5-2023, amend filed 12/28/2023, effective 12/28/2023 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14
409-030-0210 Drug Testing for Substance Abuse and Misuse (1) A student must undergo a drug test prior to the start date of initial placement at a covered clinical setting. Completion of a ten-panel drug test must take place prior to initial placement, but no more than three months before entry into the health profession training program requiring clinical training experience. A drug test is considered current while the student is enrolled and progressing in the health profession training program. Subsequent drug tests may not be required except for cause, or at re-entry into a program from which the student has taken more than three months of leave or has fallen out of progression. These rules do not aim to define an “acceptable” result to a drug screen. These rules ensure completion of the administrative requirements necessary for administrative clearance for students. Clinical placement settings shall make all final clearance and placement decisions. (2) At a minimum, a covered student seeking a clinical placement at a covered clinical site must undergo a standard 10-panel drug test and must sign any necessary authorizations. Screens for the following eight substances must be included in the 10-panel drug screen: (a) Amphetamines (including methamphetamines); (b) Barbiturates; (c) Benzodiazepines; (d) Cocaine; (e) Marijuana; (f) Methadone; (g) Opiates; and (h) Phencyclidine. (3) All drug testing must be conducted by a laboratory licensed and operated in accordance with ORS 438.010 and OAR 333-024-0305 through 333-024-0350. The health profession program must verify that screening is performed by a reputable vendor. Statutory/Other Authority: ORS 413.435 Statutes/Other Implemented: ORS 413.435 History: OHP 24-2019, amend filed 11/06/2019, effective 11/15/2019 OHP 4-2015, f. & cert. ef. 7-1-15 OHP 8-2013, f. 9-30-13, cert. ef. 7-1-14