justicedao/ipfs_state_laws huggingface dataset:
331-010-0040 Notification Requirements Authorization holders must notify the Office of information changes within 30 calendar days of the change. Notice must be submitted in writing, at the Office, by regular U.S. Postal Service, facsimile transmission, or electronic mail. Changes include: (1) The authorization holder’s first and last name. The change must be accompanied by: (a) A government-issued marriage certificate or license (signed by a government official and including a filed date, stamp, seal or other notation showing that the document has been filed with a government agency); (b) A certificate of registered domestic partnership issued by a city, county or state vital statistics agency; (c) A U.S. city, county or state court-issued divorce decree, judgment of dissolution or annulment of marriage, or judgment of dissolution or annulment of domestic partnership; (d) A government-issued death certificate of spouse, that includes a connection to your current full legal name (signed by a government official and including a stamp to show that the document has been filed); (e) A U.S. city, county or state court-issued adoption decree; (f) A U.S. city, county or state court-issued legal name change decree; (g) A U.S. city, county or state court-issued custody decree or guardianship decree; or USCIS Certificate of Naturalization showing new name; and (h) You must also provide one acceptable form of photographic identification in addition to the required legal name change documentation pursuant to OAR 331-030-0000(8) and (10). (2) The authorization holder’s residential or mailing address, t elephone number including area code, e mployment status, or w ork location. (3) A facility license holder’s facility name or Assumed Business Name as filed with Secretary of State, Corporations Division, business telephone number, including area code, address changes resulting only from city or U.S. Postal Service action, mailing address; or closure or sale of business facility or practice. (4) An independent contractor authorization holder’s facility name, physical address, telephone number including area code, and license number; changing permanent work location or performing services at multiple licensed facilities on a permanent or temporary basis. Statutory/Other Authority: ORS 676.565, ORS 676.615 & ORS 681.700-676.730 Statutes/Other Implemented: ORS 676.565, ORS 676.615 & ORS 681.700-676.730 History: HLO 83-2018, minor correction filed 12/17/2018, effective 12/17/2018 HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04
331-010-0050 Authorization Holders; Military Leave (1) An individual authorized to practice under a program administered by the Office is not required to renew the authorization or pay renewal fees while in active military service unless required by the authorization holder’s branch of the military. (2) To be restored to former authorization status, the holder must notify the Office in writing within 60 days of being honorably discharged. (3) No fees will be due until the following renewal period. (4) Requirements for completing continuing education hours during an authorization holder’s active-duty period shall be evaluated on a case-by-case basis. Statutory/Other Authority: ORS 676.565, ORS 676.615, ORS 408.450 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.565, ORS 676.615, ORS 408.450 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 8-2011, f. 8-9-11, cert. ef. 8-15-11 HLA 2-2011(Temp), f. & cert. ef. 3-17-11 thru 8-28-11 HLA 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-28-11
331-010-0055 Military Spouse or Domestic Partner Temporary Authorization to Practice (1) Pathway 1 – Military Spouse or Domestic Partner (a) Pursuant to ORS 676.308, “military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (b) A military spouse or domestic partner holding a temporary authorization to practice in a profession under the Office’s authority may perform services within the profession. (c) A temporary authorization may be immediately issued to a military spouse or domestic partner; it is valid for three months and may not be renewed. (2) Pathway 2 – Military Spouse (a) Pursuant to 2019 Senate Bill 688, “military spouse” is the spouse of a member of the Armed Forces of the United States who is stationed in Oregon. (b) A military spouse holding a temporary authorization to practice in a profession under the Office’s authority may perform services within the profession. (3) A temporary authorization will be issued to a military spouse and is valid until the earliest of the following: (a) Two years after the date of issuance; (b) The term of service of the military service members ends in Oregon; or (c) The date the military spouse’s authorization issued by another state expires. (4) The temporary authorization is not renewable. Statutory/Other Authority: ORS 676.308, ORS 676.565, ORS 676.615, ORS 681.700-681.730 & 2019 Senate Bill 688 Statutes/Other Implemented: ORS 676.308, ORS 676.565, ORS 676.615, ORS 681.700-681.730 & 2019 Senate Bill 688 History: HLO 13-2019, amend filed 10/28/2019, effective 01/01/2020 HLO 82-2018, amend filed 11/29/2018, effective 12/15/2018 HLO 79-2018, minor correction filed 09/18/2018, effective 09/18/2018 HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 5-2014, f. 9-3-14, cert. ef. 9-17-14
331-010-0060 Requirements for Temporary Authorization to Practice for a Military Spouse or Domestic Partner (1) Pathway 1 – a military spouse or domestic partner applying for a temporary authorization to practice must: (a) Meet the requirements of OAR 331 Division 30; (b) S ubmit 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 all required fees; and (c) Attest that the applicant has requested evidence of authorization from the state or territory in which the applicant is authorized to practice in a profession comparable to a profession under the Office’s authority, and that the applicant is not subject to any disciplinary action in that state or territory for a matter related to services comparable to a service regulated by the Office or the program under which authorization is sought. (2) Pathway 2 – a military spouse applying for a temporary authorization to practice must: (a) Meet the requirements of OAR 331 Division 30; (b) S ubmit 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 all required fees; and (c) Submit an affidavit of licensure from any state where the individual holds or has held a license in which the applicant is authorized to practice in a profession comparable to a profession under the Office’s authority, and that the applicant is not subject to any disciplinary action in that state or territory for a matter related to services comparable to a service regulated by the Office or the program under which authorization is sought. (d) Submit evidence of having provided services or taught the subject matter regulated by the board or program for at least one year during the three years immediately preceding the date on which the Office receives the application. Statutory/Other Authority: ORS 676.308, ORS 676.565, ORS 676.615, ORS 681.700-681.730 & 2019 Senate Bill 688 Statutes/Other Implemented: ORS 676.308, ORS 676.565, ORS 676.615, ORS 681.700-681.730 & 2019 Senate Bill 688 History: HLO 13-2019, amend filed 10/28/2019, effective 01/01/2020 HLO 84-2018, minor correction filed 12/17/2018, effective 12/17/2018 HLO 82-2018, amend filed 11/29/2018, effective 12/15/2018 HLO 81-2018, minor correction filed 09/18/2018, effective 09/18/2018 HLO 80-2018, minor correction filed 09/18/2018, effective 09/18/2018 HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 5-2014, f. 9-3-14, cert. ef. 9-17-14 HLA 2-2014(Temp), f. & cert. ef. 4-3-14 thru 9-17-14
331-010-0070 Using Military Training or Experience An individual seeking to use military training or experience as a qualification for an authorization to practice a profession or occupation in a program administered under ORS 676.565 and ORS 681.700 to 681.730 must submit a Joint Services Transcript demonstrating completion of military training or experience that is substantially equivalent to requirements set forth in statute or rule by the Office or its programs. Statutory/Other Authority: ORS 676.308, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.308, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 5-2014, f. 9-3-14, cert. ef. 9-17-14 HLA 2-2014(Temp), f. & cert. ef. 4-3-14 thru 9-17-14
331-020-0010 Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases In addition to the requirements stated in OAR 137-003-0501, the notice to parties in contested cases may include a statement that an answer to the assertions or charges will be required and, if so, the consequence of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of 331-020-0020 with the notice. Statutory/Other Authority: ORS 183, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 183, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLO 1-2004, f. & cert. ef. 2-13-04
331-020-0020 Hearing Requests and Answers; Consequences of Failure to Answer (1) A hearing request, and answer when required, shall be made in writing to the Office by the party or the party’s attorney. (2) An answer shall be made in writing to the Office with any request for a hearing on a matter related to violations alleged under ORS 675.360 to 675.410, 687.405 to 687.495, and 688.800 to 688.840, the rules adopted thereunder, or violations alleged under 676.612 when related to the practice of sex offender treatment, direct entry midwifery, or respiratory care or polysomnography. The answer shall include the following: (a) An admission or denial of each factual matter alleged in the notice; and (b) A concise statement of each relevant affirmative defense the party may have. (3) When an answer is required: (a) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted; (b) Failure to raise a defense in the answer will be considered a waiver of such defense; (c) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the Office; and (d) Evidence shall not be taken on any issue not raised in the notice and the answer. (4) When an answer is required, the party or party’s attorney may amend the answer, but no later than 10 days before the scheduled contested case hearing. (5) When a notice of intent is amended, the respondent has 10 days to amend the answer. The amended answer must be received by the Office at least one business day prior to the scheduled contested-case hearing. Statutory/Other Authority: ORS 183, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 183, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 9-2012, f. 5-10-12, cert. ef. 5-15-12 HLA 1-2012(Temp), f. & cert. ef. 3-1-12 thru 8-27-12 HLO 1-2004, f. & cert. ef. 2-13-04
331-020-0030 Inquiries; Filing a Complaint (1) The Office may provide information on an authorization holder’s licensing record, status or employment subject to Oregon Public Records Law. Some of this information is available on the Office’s website. (2) Complaints against individuals practicing in one of the professions under the Office’s authority must be filed in writing. A complaint form is available on the Office website. Statutory/Other Authority: ORS 183, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 183, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04
331-020-0040 Complaint Processing and Investigation When a complaint is filed with the Office: (1) The Office will determine whether the complaint is related to a profession or occupation under the Office’s authority and falls within authority delegated to the Office by statute. (2) The Office unit will: (a) Review the complaint , and as applicable, interview parties and witnesses, and examine physical evidence; (b) Determine whether an authorization holder or other individual practiced within the standards of the program; (c) Recommend Office or board action. (3) Appropriate action will be determined. ( 4) As used in ORS 676.608(8), to “appear before the Office” includes: an investigative interview conducted under oath, under subpoena or otherwise compelled; an interview before a board, council, or subcommittee of a board or council; any depositions authorized by the Office; pre-hearing conferences; and contested case hearings. It does not include requests for records, records compelled by a subpoena, interrogatories, written admissions, other written communications, or voluntary communications, including voluntary settlement discussions. Statutory/Other Authority: ORS 183, ORS 676.565, ORS 676.608, ORS 676.615 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 183, ORS 676.565, ORS 676.608, ORS 676.615 & ORS 681.700-681.730 History: HLO 73-2018, minor correction filed 05/10/2018, effective 05/10/2018 HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 8-2011, f. 8-9-11, cert. ef. 8-15-11 HLA 2-2011(Temp), f. & cert. ef. 3-17-11 thru 8-28-11 HLA 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-28-11 HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04
331-020-0050 Response to Inquiry An individual who is the subject of a complaint involving conduct or a provided service must respond to the Office within 20 calendar days from the date of the request, in the form and manner determined by the Office. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLO 1-2004, f. & cert. ef. 2-13-04
331-020-0070 Discipline (1) The Office may discipline authorization holders for violations of laws and rules. (2) Failure to cooperate with the Office or its agent is unprofessional conduct and subject to disciplinary sanctions. Failure to cooperate with the Office or its agent includes, but is not limited to: (a) Failing to provide information within the specified time allotted by the Office; (b) Failing to temporarily surrender custody of original client records to the Office upon request; (c) Interference, a threat, or harassment that delays or obstructs any person from providing evidence in any investigation, contested case, or other legal action instituted by the Office; (d) Interference, a threat or harassment that delays or obstructs the Office from carrying out its functions under programs administered and regulated by the Office and rules adopted thereunder; or (e) Deceiving or attempting to deceive the Office regarding investigations. (3) As used in ORS 676.612(2)(j), incompetence means engaging in conduct that evidences a lack of ability or fitness to perform the holder’s professional functions. (4) As used in ORS 676.612(2)(j) negligence means engaging in conduct detrimental to the client. Statutory/Other Authority: ORS 676.565, ORS 676.608, ORS 676.612 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.565, ORS 676.608, ORS 676.612 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 8-2011, f. 8-9-11, cert. ef. 8-15-11 HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04
331-020-0077 Compliance with House Bill 2359 (2021) – The Use of Interpreters (1) Definition: “Health care provider” has the meaning given in ORS 413.550. (2) On or after July 1, 2022, A health care provider must: (a) Except as provided in (3), 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 health care provider is proficient in the patient’s preferred language; (b) Provide personal protective equipment that is consistent with established national standards to health care interpreters providing services on-site at no cost to the 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 health care provider; (c) Maintain records of each patient encounter in which the health care provider worked with a health care interpreter from the health care interpreter registry. These records must include: (A) The name of the health care interpreter; (B) The health care interpreter’s registry number; and (C) The language interpreted. (3) A health care provider who is required to work with a health care interpreter from the health care interpreter registry may work with a health care interpreter who is not on the health care interpreter registry if the health care provider: (a) Has taken steps to obtain a health care interpreter from the health care interpreter registry in accordance with rules adopted by the authority under ORS 413.558; or (b) 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. (4) Failure to abide by ORS 413.550-558 or this rule may result in discipline by the licensing board. Penalties may include, but are not limited to, suspension, revocation, probation, monetary penalties, and an assessment of costs of disciplinary proceedings not exceeding $5,000. Any such penalties shall be imposed in accordance with ORS Ch. 183. Statutory/Other Authority: House Bill 2359 (2021), ORS 413.558, ORS 676.568, ORS 676.615 & ORS 676.612 Statutes/Other Implemented: House Bill 2359 (2021), ORS 413.558, ORS 676.568, ORS 676.615 & ORS 676.612 History: HLO 9-2022, adopt filed 06/01/2022, effective 07/01/2022
331-020-0079 Compliance with Executive Orders and Guidance Required (1) During a Governor declared emergency, unprofessional conduct under ORS 676.612, includes, but is not limited to, failing to comply with any applicable provision of a Governor’s Executive Order or any provision of this rule. (2) Failing to comply as described in subsection (1) includes, but is not limited to: (a) Performing services or practicing an occupation or profession in a way that is contrary to an applicable Executive Order; (b) Providing services at a business required by an Executive Order to be closed; (c) Failing to comply with the requirements of Oregon Health Authority (Authority) guidance implementing an Executive Order. (3) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation. (4) Penalties for violating this rule include, but are not limited to, suspension, revocation, probation, monetary penalties, and an assessment of costs of disciplinary proceedings not exceeding $5,000. Any such penalties shall be imposed in accordance with ORS Ch. 183. Statutory/Other Authority: ORS 676.565, ORS 676.568(1)(o), (2) & ORS 676.615(1), (2) Statutes/Other Implemented: ORS 676.568(1)(e), (i), (k), (o), (2), ORS 676.612 & ORS 676.992 History: HLO 11-2020, adopt filed 11/19/2020, effective 11/20/2020
331-020-0080 Sanctions Related to Child Support (1) In accordance with ORS 25.750 to 25.783, the Office will provide the Support Enforcement Division of the Department of Justice with authorization information that will be electronically cross-matched with Oregon Child Support Program records for persons under order of judgment to pay monthly child support and who are in arrears according to ORS 25.750(a) or (b). (2) The Office will suspend the authorization if the Oregon Child Support Program or the district attorney identifies the authorization holder as being in arrears with respect to any judgment or order requiring the payment of child support and that the case is being enforced under the provisions of ORS 25.080. (3) Pursuant to ORS 25.750 to 25.785, The Office will notify the authorization holder of the suspension status and refer the person to the Oregon Child Support Program or the district attorney for resolution. (4) Upon notification by the Oregon Child Support Program or district attorney and receipt of a release notice that the conditions resulting in the suspension no longer exist, the Office will reinstate the authorization if all qualifications for renewal or reactivation are met. (5) In accordance with ORS 305.385, the Office will provide the Department of Revenue with authorization information to determine if the holder has neglected or refused to file any return or to pay any tax without filing a petition with the department as stated in ORS 305.385(4)(a). (6) At the request of the Department of Revenue, the Office may take action against an authorization holder including suspending or refusing to issue or renew an authorization. If the Office takes an action against an individual, that person has an opportunity for a hearing as provided in ORS 183.413 to 183.470 for contested cases. (7) The Office will renew, reactivate or release from suspension the authorization upon compliance with any qualifications for renewal or reactivation upon receipt of a notice of release issued by the department that the authorization holder is in good standing with respect to any returns due and taxes payable. Statutory/Other Authority: ORS 25.080, ORS 25.750 - 25.785, ORS 183.310 - 183.470, ORS 305.385, ORS 676.565, ORS 676.612, ORS 676.615 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 25.080, ORS 25.750 - 25.785, ORS 183.310 - 183.470, ORS 305.385, ORS 676.565, ORS 676.612, ORS 676.615 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 Renumbered from 331-030-0030, HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04