justicedao/ipfs_state_laws huggingface dataset:
331-410-0045 Examination Information The Board has approved the Universal Testing Service and Washington Board of Denturists as its written and practical qualifying examinations for licensure. Statutory/Other Authority: ORS 680.515, ORS 680.520, ORS 680.565 & ORS 676.615 Statutes/Other Implemented: ORS 680.515 & ORS 680.520 History: HLO 18-2019, amend filed 12/17/2019, effective 12/20/2019 HLO 6-2019, temporary amend filed 05/31/2019, effective 06/01/2019 through 11/19/2019 HLO 5-2019, amend filed 05/29/2019, effective 06/01/2019 HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLA 10-2013, f. & cert. ef. 7-1-13
331-410-0050 Qualification and Requirements for Practical Examination (1) Before an individual can take the Board-approved practical examination the individual must: (a ) Submit the completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of all required fees; and (b) Temporary licensing requirements in OAR 331-410-0020(a); (c) Temporary licensing requirements in OAR 331-410-0020(b); (d) Permanent licensing requirements in OAR 331-410-0035 (3)(a)(A); or (e) P ermanent licensing requirements in OAR 331-410-0035 (3)(b)(B). (2) An individual must receive verification to take the Board-approved practical examination, including practical examination retakes. All documentation must be received and verified prior to sitting for the practical examination, including practical examinations retakes. (3) All applicant examination scores must be submitted by the testing service directly to the Office including passed and failed examination. Statutory/Other Authority: ORS 676.615 & ORS 680.545 Statutes/Other Implemented: ORS 680.545 History: HLO 5-2019, amend filed 05/29/2019, effective 06/01/2019 HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLA 7-2014, f. & cert. ef. 12-1-14 HLA 4-2014(Temp), f. & cert ef. 7-1-14 thru 12-28-14 HLA 10-2013, f. & cert. ef. 7-1-13 HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01 HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98
331-410-0055 Written Examination Retake Requirements (1) If an applicant has not passed the written examination after four attempts, the applicant must request permission from the Board to take the examination again. (2) If the applicant does not pass the written examination on the fifth attempt, the applicant may be required to take additional training. (3) All applicant examination scores must be submitted by the testing service directly to the Office including passed and failed examination scores. Statutory/Other Authority: ORS 676.615, ORS 680.565 & ORS 680.520 Statutes/Other Implemented: ORS 680.565 & ORS 680.520 History: HLO 5-2019, amend filed 05/29/2019, effective 06/01/2019 HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLA 10-2013, f. & cert. ef. 7-1-13
331-410-0060 Practical Examination Retake Requirements (1) Pursuant to ORS 680.515(1)(c) an applicant failing specific portions of the practical examination must obtain the following additional clinical and laboratory training hours within two years from the date of the failed practical examination: (a) Final impression and model: 50 hours of direct patient care and laboratory training consisting of production of 10 removable dentures; (b) Trial denture centric relation: 150 hours in direct patient care and laboratory training consisting of production of 16 removable dentures; (c) Trial dentures vertical relation: 150 hours in direct patient care laboratory training consisting of production of 16 removable dentures; (2) An applicant failing any portion of the practical examination must apply and qualify for a temporary denture technology license under OAR 331-410-0015 and 331-410-0020 before commencing direct patient care; (3) An applicant must submit documentation approved by the Office upon completion of additional clinical and laboratory training hours pursuant to ORS 680.515(1)(c). (4) An applicant applying to retake the practical examination must meet the requirements of 331-410-0050. (5) For the purpose of this rule each removable denture will be counted as one denture; an upper and a lower removable denture counts as two removable dentures. (6) All applicant examination scores must be submitted by the testing service directly to the Office including passed and failed examination scores. Statutory/Other Authority: ORS 676.615, ORS 680.515, ORS 680.520, ORS 680.565 & ORS 680.500 Statutes/Other Implemented: ORS 680.515, ORS 680.520, ORS 680.565 & ORS 680.500 History: HLO 5-2019, amend filed 05/29/2019, effective 06/01/2019 HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLA 10-2013, f. & cert. ef. 7-1-13 HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 1-2002, f. 5-31-02, cert. ef 6-1-02 HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01 HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0032 HD 22-1993, f. 12-30-93, cert. ef. 1-1-94 HD 3-1992, f. & cert. ef. 3-25-92 HD 13-1991(Temp), f. & cert. ef. 9-30-91 HD 4-1989, f. & cert. ef. 6-1-89 HD 25-1988(Temp), f. & cert. ef. 11-1-88
331-410-0065 License Renewal (1) A licensee is subject to the provisions of OAR Chapter 331, Division 30 regarding the renewal of a license, and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license. (2) License renewal under this rule is valid for one year. (3) LICENSE RENEWAL: To avoid delinquency penalties, license renewal must be made prior to the license entering inactive status. The licensee must submit the following: (a) Renewal application form; (b) Payment of required renewal fee pursuant to OAR 331-440-0000; and (c) Attestation of having obtained required continuing education under OAR 331-415-0010, on a form prescribed by the Office, whether license is current or inactive. (4) INACTIVE LICENSE RENEWAL: A license may be inactive for up to three years. A licensee who is inactive is not authorized to practice. When renewing after entering inactive status, the licensee must submit the following: (a) Renewal application form; (b) Payment of delinquency and license fees pursuant to OAR 331-440-0000; and (c) Attestation of having obtained required continuing education under OAR 331-415-0010, on a form prescribed by the Office, whether license is current or inactive; (5) EXPIRED LICENSE: A license that has been inactive for more than three years is expired and the licensee must reapply for licensure and meet the requirements listed in OAR 331-410-0035. Statutory/Other Authority: ORS 680.525, 680.565, 676.615, 676.589 & 676.586 Statutes/Other Implemented: ORS 680.525 & 680.565 History: HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLA 10-2013, f. & cert. ef. 7-1-13 HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 1-2002, f. 5-31-02, cert. ef 6-1-02
331-410-0080 Oral Pathology and Oral Health Certificate (1) Denturists licensed prior to January 1, 2004, who have not received an oral pathology endorsement as described in ORS 680.545, may not treat any person without first obtaining a valid Oral Health Certificate for the person, signed by a licensed dentist, physician, naturopathic physician or nurse practitioner stating the person's oral cavity is substantially free from disease and mechanically sufficient to receive a denture. The examination of the oral cavity must have taken place within 30 days of the date of commencing treatment. (2) For the purpose of this rule, “Oral Pathology” means the precise study and diagnosis of disease including pathogenesis, morphologic changes and clinical manifestations of the mouth (the first portion of the alimentary canal that receives food and saliva). Statutory/Other Authority: ORS 680.545, 680.515 & Chapter 356 Section 88 2017 Laws Statutes/Other Implemented: ORS 680.545 & 680.515 History: HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLA 10-2013, f. & cert. ef. 7-1-13 HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01 HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0055 HD 22-1993, f. 12-30-93, cert. ef. 1-1-94 HD 3-1992, f. & cert. ef. 3-25-92 HD 4-1989, f. & cert. ef. 6-1-89 HD 4-1988, f. & cert. ef. 3-4-88 HD 6-1981, f. & ef. 4-3-81 HD 12-1980(Temp), f. & ef. 9-29-80
331-410-0090 License Display and Identification (1) A licensee must show proof of valid license to the Office upon request. (2) A licensee may obtain up to a maximum of three duplicate licenses if the licensee provides denture technology services in multiple locations. (3) A licensee must post the license document or duplicate license document in public view where denture technology services are being performed. (4) A licensee may temporarily conceal the address printed on the license document with a covering that is removable. Statutory/Other Authority: ORS 680.565, 676.589 & 676.615 Statutes/Other Implemented: ORS 680.565 & 676.589 History: HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLA 10-2013, f. & cert. ef. 7-1-13 HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0060 HD 22-1993, f. 12-30-93, cert. ef. 1-1-94 HD 6-1981, f. & ef. 4-3-81 HD 12-1980(Temp), f. & ef. 9-29-80
331-415-0020 Continuing Education: Audit, Required Documentation and Sanctions (1) The Office will audit a select percentage of licensee records determined by the Board to verify compliance with continuing education requirements. (2) Licensees notified of selection for audit of continuing education attestation must submit to the Office, within 30 calendar days from the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-415-0010. (3) Successful completion of the required continuing education will be determined based on satisfactory evidence submitted to the Office at the time of audit, which must include the following: (a) Name of continuing education sponsor/provider; (b) Course agenda — including the date of the training and breakdown of hours for each agenda item, lunch and breaks; (c) Course outline — including a detailed summary of each topic discussed and the learning objective or training goal of each agenda item; (d) Course content — including identification of the direct relationship between the course training and subject matter related to denture technology as set forth in ORS 680.515(1)(a) and OAR 331-415-0010(4); (e) Background resume of speakers or instructors; and (f) Documentation of attendance or successful course completion (eg, certificate, transcript, sponsor statement or affidavit attesting to attendance, diploma, etc). (4) If documentation of continuing education is invalid or incomplete, the licensee has 30 calendar days from the date of the deficiency notice to correct the deficiency and submit further documentation to substantiate having completed the required continuing education. (5) Misrepresentation of continuing education or failing to meet continuing education requirements or documentation may result in disciplinary action, which may include but is not limited to assessment of a civil penalty and suspension or revocation of the license. Statutory/Other Authority: ORS 680.515, ORS 676.615 & ORS 676.586 Statutes/Other Implemented: ORS 680.515 & ORS 676.586 History: HLO 1-2019, minor correction filed 01/04/2019, effective 01/04/2019 HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLA 10-2013, f. & cert. ef. 7-1-13 HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 1-2002, f. 5-31-02, cert. ef 6-1-02 HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98
331-430-0030 Establishing Civil Penalty Amounts The Office has adopted the following presumptive penalty schedule for the first and second violations of the following laws and rules. The following schedule must apply except as the Office otherwise determines in consideration of the factors referenced in OAR 331-020-0060. For subsequent violations the provisions of OAR 331-020-0060 will apply. (1) Practicing or holding one's self out as available to practice denture technology, or using the title denturist without a license or with an expired or suspended license is a violation of ORS 680.505 and may incur a penalty of $5,000. (2) Licensed denturists who allow nonlicensed persons to violate ORS 680.505 are in violation of and ORS 676.612(i) and may incur a penalty of $5,000. (3) Violations of ORS 680.545 may incur a penalty of $2,000. (4) Failing to notify the Office within 30 days of a change in business related information or license status is a violation of OAR 331-010-0040, and may incur a penalty of $200. (5) Advertising in a manner, which would deceive or mislead the public or that is untruthful is a violation of ORS 676.612(2)(b), and may incur a penalty of $2,000. (6) Violations of the practice standards in Division 420 may incur a penalty of up to $1,000 for each violation. (7) Failing to meet minimum standards of acceptable patient care according to OAR 331-420-0000(5), as determined by the Board may incur a penalty of $5,000. Statutory/Other Authority: ORS 680.565, 680.572, 676.615 & 680.535 Statutes/Other Implemented: ORS 680.565 & 680.535 History: HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLA 10-2013, f. & cert. ef. 7-1-13 HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01 HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0120 HD 22-1993, f. 12-30-93, cert. ef. 1-1-94 HD 3-1992, f. & cert. ef. 3-25-92
331-440-0000 Fees (1) Applicants and licensees are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties and charges. (2) Fees established by the Office: (a) Application: (A) License: $350. (B) License by reciprocity: $450. (C) Temporary license: $50 (b) Examination: (A) Oregon laws & rules: $50. (B) Written: $350. (C) Practical: $650. (c) Original issuance: (A) License: $350 (B) Temporary license: $50 (d) Renewal: (A) License: $350 (B) Temporary license: $50 (e) Delinquency fee: $40 for each year in an inactive status, for up to three years. (f) Replacement of license, including name change: $25. (g) Duplicate license document: $25 per copy with maximum of three. (h) Affidavit of licensure: $50. (i) An additional $25 Administrative Processing fee will be assessed if a NSF or non-negotiable instrument is received for payment of fees, penalties and charges. Refer to OAR 331-010-0010. (3) Individuals who renew online will receive a $150 discount. Statutory/Other Authority: ORS 676.592, ORS 676.586, ORS 680.515, ORS 676.615, ORS 680.527 & ORS 680.565 Statutes/Other Implemented: ORS 676.592, ORS 680.515, ORS 680.527 & ORS 680.565 History: HLO 6-2022, amend filed 04/25/2022, effective 05/01/2022 HLO 5-2019, amend filed 05/29/2019, effective 06/01/2019 HLO 70-2018, amend filed 02/28/2018, effective 03/01/2018 HLO 3-2015, f. 6-30-15, cert. ef. 7-8-15 HLA 14-2013, f. 12-30-13, cert. ef. 2-1-14 HLA 13-2013(Temp), f. 8-21-13, cert. ef. 8-23-13 thru 2-19-14 Renumbered from 331-405-0030, HLA 9-2013, f. & cert. ef. 7-1-13 HLA 5-2008, f. 9-15-08, cert. ef. 10-1-08 HLO 2-2005, f. 12-15-05, cert. ef. 1-1-06 HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04 HLO 3-2003, f. 5-6-03, cert. ef. 5-15-03 HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01 HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0035 HD 22-1993, f. 12-30-93, cert. ef. 1-1-94 HD 3-1992, f. & cert. ef. 3-25-92 HD 13-1991(Temp), f. & cert. ef. 9-30-91 HD 4-1989, f. & cert. ef. 6-1-89 Reverted to HD 15-1985, f. & ef. 9-4-85 HD 25-1988(Temp), f. & cert. ef. 11-1-88 HD 15-1985, f. & ef. 9-4-85 HD 9-1985(Temp), f. & ef. 5-24-85 Reverted to HD 2-1980, f. & ef. 2-14-80 HD 11-1981(Temp), f. & ef. 7-15-81 HD 2-1980, f. & ef. 2-14-80 HD 11-1979(Temp), f. & ef. 8-23-79
331-475-0005 Definitions The following definitions apply to OAR 331-475-0010 to OAR 331-495-0005: (1) “IBCLC” means an individual who is an International Board Certified Lactation Consultant certified by the International Board of Lactation Consultant Examiners as of June 29, 2017, or has met – at a minimum – the IBCLE standards in place on June 29, 2017. (2) “IBLCE” means the International Board of Lactation Consultant Examiners. (3) “Good standing” means no unresolved or outstanding disciplinary actions. (4) “Office” means the Health Licensing Office. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 History: HLO 15-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 2-2017, adopt filed 11/01/2017, effective 12/01/2017
331-475-0010 Fees (1) An applicant or authorization holder is subject to the provisions of OAR 331-010-0010 and OAR 331-010-0020 regarding the payment of fees, penalties and charges. (2) Fees established by the Office pursuant to ORS 676.576 are as follows: (a) Application: $150. (b) License: $50 – valid for one year. (c) Renewal: $50 – valid for one year. (e) Replacement: $25. (f) Delinquency fee: $40 for each year of inactive status up to three years. (g) Affidavit of licensure, as defined in OAR 331-030-0040: $50. (h) Administrative fee: $25. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 History: HLO 16-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 3-2017, adopt filed 11/01/2017, effective 12/01/2017
331-480-0005 Application requirements for initial lactation consultant license An individual applying for initial licensure as a lactation consultant must: (1) Meet the requirements of OAR Chapter 331 Division 30. (2) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees. (3) Be at least 18 years old. (4) Arrange for official documentation to be sent to the Office directly from the certifying organization proving that the applicant is certified as an IBCLC; and (5) Pass a state criminal background check pursuant to OAR 331-030-0004, and (6) Pay all licensing fees. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 History: HLO 17-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 3-2017, adopt filed 11/01/2017, effective 12/01/2017
331-480-0010 Application requirements for initial licensure for lactation consultant through reciprocity In addition to the requirements in OAR 331-480-0005, if an applicant is licensed or certified in another state, they must: (1) Be in good standing in every state in which they are licensed or certified, and (2) Ensure that the Office receives an affidavit of licensure pursuant to OAR 331-030-0040 from every state in which they are authorized to practice as a lactation consultant. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 History: HLO 18-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 3-2017, adopt filed 11/01/2017, effective 12/01/2017
331-480-0015 License issuance and renewal The Office will enter all lactation consultant authorization holders and their status into its licensure database, which is available to the public. (1) Licensure and renewal: A license is subject to the provisions of OAR Chapter 331, Division 30 regarding the issuance and renewal of a license, provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license. (2) License renewal: To avoid delinquency penalties, a license must be renewed before the license becomes inactive as described in section (3) of this rule. The licensee must: (a) Submit a renewal application form; (b) Have obtained and attest to having obtained the continuing education pursuant to 331-485-0005 . (c) Attest to holding current IBCLC certification. (d) Pass a state criminal background check pursuant to OAR 331-030-0004, and (e) Pay the renewal fee pursuant to OAR 331-475-0010. (3) Renewal when a license is inactive: ORS 676.580 defines an “active authorization” as an authorization that is current and not suspended and an “inactive authorization” as an authorization that has not been current for three years or less. An inactive license does not authorize its holder to practice lactation consultation or use the title or designation of “L actation Consultant .” To renew an inactive license, the authorization holder must: (a) Submit a renewal application form; (b) Attest to having obtained the continuing education pursuant to OAR 331-485-0005; (c) Attest to holding current IBCLC certification. (d) Pass a state criminal background check pursuant to OAR 331-030-0004; and (e) Pay the delinquency and renewal fees pursuant to OAR 331-475-0010. (4) Expired license: A license that has been inactive for more than three years is expired, and the licensee must reapply for licensure and meet the requirements listed in OAR 331-480-0005 or 331-480-0010. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 History: HLO 19-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 3-2017, adopt filed 11/01/2017, effective 12/01/2017
331-480-0020 License display and posting requirements (1) Authorization holders must show proof of valid license upon request or post the license in public view at the lactation consultant’s primary workplace; the authorization holder may carry the license pocket card. (2) An authorization holder may temporarily conceal the address printed on the license with a covering that is removable. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 History: HLO 20-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 3-2017, adopt filed 11/01/2017, effective 12/01/2017
331-485-0010 Continuing Education: Required Documentation, Audit and Sanctions (1) The Office will audit a percentage of licensees, as determined by the Office, to verify compliance with continuing education requirements of this rule. (2) Licensees notified of selection for audit of continuing education shall submit to the Office, within 30 calendar days of the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-485-0005. (3) If selected for audit, the registrant must provide to the Office documentation of the required continuing education; satisfactory evidence of participation includes: (a) For courses provided by an accredited college or university — a course syllabus and an official transcript from the accredited college or university; (b) For IBLCE -approved programs or courses — a certificate of completion; (c) For cultural competency approved by the Oregon Health Authority, under ORS 413.450 — documentation of completion. (d) For trauma-informed care programs or courses — a certificate of completion; (e) For Office pre-approved programs or courses — a certificate of completion that includes the Office pre-approval number, or other Office-approved documentation that includes the Office pre-approval number. (4) If documentation of continuing education is incomplete, the registrant has an additional 30 calendar days from the date of notice of incompleteness to submit further documentation to substantiate having completed the required continuing education. (5) Failure to meet continuing education requirements shall constitute grounds for disciplinary action, which may include, but is not limited to, assessment of a civil penalty and suspension or revocation of authorization. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 History: HLO 14-2019, amend filed 10/29/2019, effective 11/01/2019 HLO 22-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 3-2017, adopt filed 11/01/2017, effective 12/01/2017