justicedao/ipfs_state_laws huggingface dataset:
339-010-0040 Limited Permit (1) A “limited permit” is a temporary license to practice as an occupational therapist or occupational therapy assistant for a specified period of time and may be issued to applicants who meet the requirements of this rule. (2) Students who have successfully completed the educational and field work requirements and students who receive their eligibility to take the NBCOT certification examination, but do not yet have their test results, may apply for a limited permit to practice occupational therapy for a period of 90 calendar days. (3) Persons practicing occupational therapy in another country who are graduates of a World Federation of Occupational Therapists’ approved school and who receive their eligibility to take the NBCOT certification examination, but do not yet have their test results, may apply for a limited permit to practice occupational therapy for a period of 90 calendar days. (4) Anyone practicing occupational therapy under limited permit may only practice under at least routine supervision (as defined in OAR 339-010-0005(1)(b)) by an Oregon licensed occupational therapist. (5) Applicants under sections (2) and (3) of this rule: (a) Shall submit an application in a manner provided by the Board with payment of a permit fee of $25; (b) Must submit an official transcript and/or other verification of having successfully completed academic and supervised field work requirements as set forth in ORS 675.240 and 675.250; (c) Must show evidence of being approved to take the NBCOT certification examination; (d) Must have on file with the board prior to starting work, the licensed occupational therapist who will supervisor the limited permit holder. “On file with the board” means that the licensed occupational therapist supervisor’s name, site of supervision and supervision start date has been entered into the licensees record in the License Portal and entered into approved status by the supervising occupational therapist. (6) A limited permit may not be issued to applicants who have taken and failed the certification examination, and limited permits may not be renewed. (7) A person who fails the exam must immediately surrender the limited permit upon receipt of examination scores. (8) The Board may grant an extension of a limited permit to persons who, because of extenuating circumstances, are unable to take the scheduled certification examination. Request must be made in writing to the Board. (9) An occupational therapist working under a limited permit must clearly identify themselves as working under a limited permit by using the designation OT/LP. (10) An occupational therapy assistant working under a limited permit must clearly identify themselves as working under a limited permit by using the designation OTA/LP. Statutory/Other Authority: ORS 675.230, 675.240, 675.250, 675.300 & 675.310 Statutes/Other Implemented: ORS 675.320(13) History: OTLB 5-2023, amend filed 11/01/2023, effective 11/01/2023 OTLB 2-2021, amend filed 03/04/2021, effective 03/04/2021 OTLB 1-2006, f. & cert. ef. 12-28-06 OTLB 1-1996, f. & cert. ef. 4-16-96 OTLB 2-1990, f. & cert. ef. 12-20-90 OTLB 1-1988, f. & cert. ef. 1-29-88
339-010-0047 Servicemember, Spouse or Domestic Partner SCRA Practice Permit (1) If a servicemember or the spouse or domestic partner of a servicemember has a covered license as defined in section (3) of this rule and relocates residence because such servicemember receives military orders for military service in Oregon, such covered license shall be considered valid for the scope of practice in Oregon if such servicemember, or the spouse or domestic partner submits to the Oregon Occupational Therapy Board an application described in section (2). (2) An application described in this subsection includes the following: (a) Proof of military orders in Oregon described in section (1). (b) If the applicant is the spouse or domestic partner of a servicemember, a copy of the marriage certificate. (c) Fingerprints submitted in a format prescribed by the board for the purposes of a background check. (d) A notarized affidavit affirming, under the penalty of law, that: (A) the applicant is the person described and identified in the application; (B) all statements made in the application are true and correct and complete; (C) the applicant has read and understands the requirements to receive a license, and the scope of practice, in Oregon; (D) the applicant certifies that the applicant meets and shall comply with requirements described in subparagraph (C); (E) the applicant is in good standing in all States in which the applicant holds or has held a license; and (F) the applicant holds a covered license as defined in section (3). (3) The term "covered license" means a professional license that, with respect to a scope of practice, that: (a) is in good standing with the licensing authority that issued such license; (b) has not been revoked or had discipline imposed by any State; (c) does not have an investigation relating to unprofessional conduct pending in any State relating to it; and (d) has not been voluntarily surrendered while under investigation for unprofessional conduct in any State. (4) A person qualified for authorization to practice under this rule is not required to apply under this rule and may apply for any other applicable form of licensure for which they qualify, including the temporary license for military spouse or domestic partner under OAR 339-010-0045. (5) A permit issued under this rule is valid for the duration of the military orders and will expire based on the date of the military orders as long as the covered license is maintained active and in good standing. A person authorized to practice under this rule is responsible for providing the Board the military orders ending military service in Oregon. Statutory/Other Authority: ORS 675.320 Statutes/Other Implemented: ORS 676.303(3) & 50 USC §4025a History: OTLB 3-2026, minor correction filed 02/12/2026, effective 02/12/2026 OTLB 2-2026, adopt filed 02/12/2026, effective 02/12/2026
339-010-0055 Occupational Therapy Aides Tasks (1) An “aide” is a person who provides support services to an occupational therapist and occupational therapy assistant, but is not licensed by the Occupational Therapy Licensing Board. Any aide who is working with or supporting patients, and is performing activities covered under the occupational therapy plan of treatment, is considered an occupational therapy aide. The occupational therapy practitioner is responsible for the overall use and actions of the aide, and must ensure the competency of the aide performing the assigned tasks. (2) An occupational therapist or occupational therapy assistant may supervise the aide. When the aide is performing treatment related tasks, the supervising occupational therapy practitioner must be within sight or earshot of the aide, and must be immediately available at all times to provide in-person direction, assistance, advice, or instruction to the aide. (3) Treatment related tasks that the aide may assist with under the direct supervision of the occupational therapy practitioner include: (a) Routine transfers; (b) Routine care of patient’s personal needs during the course of treatment; (c) Execution of a well-established routine activity and/or exercise; (d) Assisting the occupational therapy practitioner as directed during the course of treatment. (4) Non-treatment related tasks that may be performed by the occupational therapy aide include: (a) Clerical; (b) Secretarial; (c) Housekeeping; (d) Supply ordering; (e) Equipment maintenance; (f) Fabrication of generic strapping material for splints; (g) Transporting patients; (h) Preparation of the work area or equipment. (5) An aide does not provide skilled occupational therapy services in any practice setting. These rules do not apply to school aides and occupational therapists working in school settings. The rules on aides in the education setting are found in OAR 339-010-0050. Statutory/Other Authority: ORS 675.320(11) Statutes/Other Implemented: ORS 675.320(11) History: OTLB 1-2006, f. & cert.ef. 12-28-06 OTLB 1-1999, f. & cert. ef. 10-27-99 OTLB 1-1996, f. & cert. ef. 4-16-96
339-010-0057 Health Care Interpreter Registry (1) Except as provided in subsection (a) of this section, a licensee who is reimbursed with public funds shall work with a health care interpreter from the health care interpreter registry administered by the Oregon Health Authority under ORS 413.558 when communicating with a patient who prefers to communicate in a language other than English, unless the licensee is proficient in the patient's preferred language. (a) A licensee who is otherwise required to work with a health care interpreter from the health care interpreter registry may work with a health care interpreter who is not listed on the health care interpreter registry only if the provider: (A) Is employed by an education provider that provides education services to children from birth through age 21 and the interpreter is provided by the education provider in accordance with the education provider’s requirements; or (B) Verifies, in writing, that the licensee has taken the appropriate steps needed to obtain a health care interpreter from the health care interpreter registry in accordance with the rules adopted by the Oregon Health Authority under ORS 413.558; or (C) Has offered the patient the services of a health care interpreter from the health care interpreter registry and the patient declined the offer and chose a different interpreter. (b) A licensee shall give personal protective equipment, consistent with established national standards, to health care interpreters providing services on-site at no cost to the health care interpreter and may not suggest to the health care interpreter that the health care interpreter should procure the health care interpreter's own personal protective equipment as a condition of working with the licensee. (c) A licensee shall maintain records of each patient encounter in which the provider worked with a health care interpreter from the health care interpreter registry. The records must include: (A) The name of the licensee; (B) The health care interpreter's registry number; and (C) The language interpreted. (2) For the purposes of this rule, education provider is defined as: (a) A school district, as defined in ORS 332.002. (b) The Oregon School for the Deaf. (c) An educational program under the Youth Corrections Education Program. (d) A public charter school, as defined in ORS 338.005. (e) An education service district, as defined in ORS 334.003. (f) Any state-operated program that provides educational services to students. (g) A private school. Statutory/Other Authority: ORS 413.558, HB2359 (2021) & ORS 675.320 Statutes/Other Implemented: ORS 413.558 & HB2359 (2021) History: OTLB 1-2023, adopt filed 02/27/2023, effective 02/27/2023 OTLB 4-2022, temporary adopt filed 11/07/2022, effective 11/07/2022 through 02/28/2023
339-020-0000 Continuing Education Defined Continuing education (CE) is participation in courses, classes, workshops and other means for the purpose of developing and updating professional skills to provide appropriate occupational therapy services. Statutory/Other Authority: ORS 675.320(11) & (12) History: OTLB 2-1994, f. 4-11-94, cert. ef. 6-1-94
339-020-0010 CE Requirements for Current Licensees (1) All current licensees shall obtain a minimum of 30 points of CE from Board approved categories during the two years immediately preceding the date of the license renewal; (2) Maintenance of current NBCOT Certification (National Board of Certification in Occupational Therapy) may be used to satisfy the requirements for CE under subsection (1) of this rule but may not be used to satisfy the cultural competency CE requirements of OAR 339-020-0025 or the pain management CE requirements of OAR 339-020-0015. Statutory/Other Authority: ORS 675.320(11) & (12) History: OTLB 4-2020, amend filed 08/12/2020, effective 08/12/2020 OTLB 2-2016, f. & cert. ef. 7-29-16 OTLB 1-2015, f. & cert. ef. 3-6-15 OTLB 1-2005, f. & cert. ef. 8-11-05 OTLB 2-1994, f. 4-11-94, cert. ef. 6-1-94
339-020-0015 CE on Pain Management (1) Beginning in 2022, all applicants for license renewal must complete the Oregon Pain Management Commission’s pain management course during each license cycle. (2) Beginning in 2024, as part of the renewal process, all applicants for renewal must demonstrate completion of the Oregon Pain Management Commission’s pain management course in a format prescribed by the Board during every license renewal. (3) This required CE on pain management may also be used towards satisfying the Occupational Therapy CE requirement under OAR 339-020-0010. Statutory/Other Authority: ORS 675.320 Statutes/Other Implemented: ORS 675.320 History: OTLB 1-2022, amend filed 01/10/2022, effective 01/10/2022 OTLB 1-2008, f. 11-25-08, cert. ef. 1-1-09
339-020-0025 CE in Cultural Competency (1) Effective July 1, 2020, all currently licensed occupational therapists and occupational therapy assistants must complete at least one hour on Cultural Competency during each license renewal cycle. (2) Beginning in 2022, demonstration of completion of required Cultural Competency CE must be provided in a format prescribed by the Board during every license renewal. (3) This required CE in Cultural Competency may also be used towards satisfying the Occupational Therapy CE requirement under OAR 339-020-0010. (4) The Board encourages all licensees to obtain Cultural Competency CE from the approved list, promulgated by the Oregon Health Authority. The Board shall also accept Cultural Competency CE that is not obtained from the Oregon Health Authority’s approved list, to the extent the Board determines that Cultural Competency CE claimed teaches the Cultural Competency skills recognized by the Oregon Health Authority in rules that are effective at the time the Cultural Competency CE is obtained. However, the Board will not pre-approve Cultural Competency CE outside the approved list promulgated by the Oregon Health Authority. Statutory/Other Authority: ORS 675.320(8) Statutes/Other Implemented: ORS 675.320 History: OTLB 4-2021, amend filed 03/04/2021, effective 03/04/2021 OTLB 4-2020, amend filed 08/12/2020, effective 08/12/2020 OTLB 1-2014, f. & cert. ef. 10-9-14
339-020-0080 CE Certification (1) Persons seeking to renew their license or to restore a lapsed license shall submit with their application a statement certifying that they have completed CE requirements set forth in these rules that are applicable to them. If persons seeking renewal practiced in Oregon at any point during the prior licensing period, they are required to obtain Cultural Competency CE as stated in 339-020-0025(1) and to complete the pain management course as stated in 339-020-0015(1). (2) Licensees must maintain a record of con­tinuing education for a minimum of four years and provide these records to the Board upon request. Statutory/Other Authority: ORS 675.320(11) & (12) History: OTLB 6-2023, amend filed 11/01/2023, effective 11/01/2023 OTLB 4-2020, amend filed 08/12/2020, effective 08/12/2020 OTLB 2-1994, f. 4-11-94, cert. ef. 6-1-94
339-020-0090 Waiver The Board may, in individual cases involving physical disability or illness, or undue hardship, grant waivers of the minimum continuing education requirements or extensions of time within which to fulfill the same or make the required reports. Applications for waiver shall be made to the Board in writing at least two months prior to license expiration. Statutory/Other Authority: ORS 675.320(11) & (12) History: OTLB 2-1994, f. 4-11-94, cert. ef. 6-1-94
339-020-0100 Mentorship between licensees for CE Credit For purposes of mentorship between licensed occupational therapy practitioners, in order to obtain CE credit: (1) Enter into a written mentorship agreement signed by both parties that includes a detailed description of the planned and collaborative experience and the goals to be achieved under the plan; (2) Provide written documentation signed and dated by both parties that the mentorship was successfully completed, if requested by the Board. (3) Both the mentor and the mentee may obtain CE credit under OAR 339-020-0020. Statutory/Other Authority: ORS 675.320(11) & (12) Statutes/Other Implemented: ORS 657.320(12) History: OTLB 1-2005, f. & cert. ef. 8-11-05 OTLB 2-2003, f. & cert. ef. 9-11-03 OTLB 1-1996, f. & cert. ef. 4-16-96
340-011-0005 Rules of Practice and Procedure: Definitions Unless otherwise defined in this division, the words and phrases used in this division have the same meaning given them in ORS 183.310, the rules of the Office of Administrative Hearings, the Model Rules or other divisions in Oregon Administrative Rules, chapter 340, as context requires. (1) "Commission" means the Environmental Quality Commission. (2) "DEQ" means the Department of Environmental Quality. (3) "Director" means the director of DEQ or the director's authorized delegates. (4) " Rules of the Office of Administrative Hearings" means the Attorney General's Rules, OAR 137-003-0501 through 137-003-0700. (5) “Model Rules” or “Uniform Rules” means the Attorney General’s Uniform and Model Rules of Procedure, OAR chapter 137, division 001 (excluding 137-001-0008 through 137-001-0009), chapter 137, division 003, and chapter 137, division 004, as in effect on January 1, 2006. (6) "Participant" means the person named in the notice of a right to a contested case hearing and requested a hearing, a person granted either party or limited party status in the contested case under OAR 137-003-0535, an agency participating in the contested case under 137-003-0540, and DEQ. (7) "Formal Enforcement Action" has the same meaning as defined in OAR 340, division 012. Statutory/Other Authority: ORS 183.341 & 468.020 Statutes/Other Implemented: ORS 183.341 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 5-2008, f. & cert. ef. 3-20-08 DEQ 18-2003, f. & cert. ef. 12-12-03 DEQ 10-2002, f. & cert. ef. 10-8-02 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 1-2000(Temp), f. 2-15-00, cert. ef. 2-15-00 thru 7-31-00 DEQ 3-1998, f. & cert. ef. 3-9-98 DEQ 10-1997, f. & cert. ef. 6-10-97 DEQ 7-1988, f. & cert. ef. 5-6-88 DEQ 25-1979, f. & ef. 7-5-79 DEQ 122, f. & ef. 9-13-76 DEQ 78, f. 9-6-74, ef. 9-25-74 DEQ 72, f. 6-5-74, ef. 6-25-74 DEQ 69(Temp), f. & ef. 3-22-74
340-011-0009 Rules of Practice and Procedure: Incorporation of Attorney General’s Uniform and Model Rules The following Attorney General’s Uniform and Model Rules of Procedure are adopted and incorporated into this Division, except as otherwise provided in this Chapter: OAR chapter 137, division 001 (excluding 137-001-0008 through 137-001-0009), OAR chapter 137, divisions 003 and 004, as in effect on January 1, 2006. Statutory/Other Authority: ORS 468.020, 183.341 & 183.452 Statutes/Other Implemented: ORS 468A.020, 468.070, 468.090 - 0140, 183.341 & 183.452 History: DEQ 5-2008, f. & cert. ef. 3-20-08
340-011-0010 Rulemaking: Notice of Rulemaking (1) Notice of intent to adopt, amend, or repeal any rule(s) shall be in compliance with applicable state and federal laws and rules, including ORS Chapter 183, 468A.327 and sections (2) and (3) of this rule. (2) To the extent required by ORS Chapter 183 or 468A.327, before adopting, amending or repealing any permanent rule, DEQ will give notice of the rulemaking: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 14 days before a hearing; (b) By providing a copy of the notice to persons on DEQ's mailing lists established pursuant to ORS 183.335(8), to the legislators specified in 183.335(15), and to the persons or association that requested the hearing (if any): (A) At least 21 days before a hearing granted or otherwise scheduled pursuant to ORS 183.335(3); or (B) At least 14 days before a hearing before the Commission if granted or otherwise scheduled under OAR 340-011-0029(3); (c) In addition to the news media on the list referenced in (b), to other news media the Director may deem appropriate. (3) In addition to meeting the requirements of ORS 183.335(1), the notice provided pursuant to section (1) of this rule shall contain the following: (a) Where practicable and appropriate, a copy of the rule proposed to be adopted, amended or repealed with changes highlighted; (b) Where the proposed rule is not set forth verbatim in the notice, a statement of the time, place, and manner in which a copy of the proposed rule may be obtained and a description of the subject and issues involved in sufficient detail to inform a person that the person’s interest may be affected; (c) If a hearing has been granted or scheduled, whether the presiding officer will be the Commission, a member of the Commission, an employee of DEQ, or an agent of the Commission; (d) The manner in which persons not planning to attend the hearing may offer for the record written comments on the proposed rule. Statutory/Other Authority: ORS 183 & ORS 468 & 468A.327 Statutes/Other Implemented: ORS 183.025 & 183.335 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 1-2008, f. & cert. ef. 2-25-08 DEQ 9-2000, f. & cert. ef. 7-21-00 DEQ 1-2000(Temp), f. 2-15-00, cert. ef. 2-15-00 thru 7-31-00 DEQ 122, f. & ef. 9-13-76 DEQ 72, f. 6-5-74, ef. 6-25-74 DEQ 69(Temp), f. & ef. 3-22-74
340-011-0024 Rulemaking: Rulemaking Process The rulemaking process shall be governed by the Attorney General's Model Rules, OAR 137-001-0005 through 137-001-0060. As used in those rules, the terms, "agency," "governing body," and "decision maker" generally should be interpreted to mean "Commission." The term "agency" may also be interpreted to be the "DEQ" where context requires. Statutory/Other Authority: ORS 183 & 468 Statutes/Other Implemented: ORS 183.025 & 183.335 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 7-1988, f. & cert. ef. 5-6-88 (and corrected 9-30-88)