justicedao/ipfs_state_laws huggingface dataset:
333-700-0072 Waivers (1) While all outpatient renal dialysis facilities are required to maintain continuous compliance with the Division’s rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conducting of pilot projects or research. A request for a waiver from a rule must be: (a) Submitted to the Division in writing; (b) Identify the specific rule for which a waiver is requested; (c) The special circumstances relied upon to justify the waiver; (d) Why the facility is unable to be in compliance, the alternatives considered and why the alternatives were not selected; (e) Demonstrate that the proposed waiver is desirable to maintain or improve the health and safety of the patients, to meet the individual and aggregate needs of patients, and shall not jeopardize patient health and safety; and (f) The proposed duration of the waiver. (2) Upon finding that the facility has satisfied the conditions of this rule, the Division may grant a waiver. (3) A facility may not implement a waiver until it has received written approval from the Division. (4) During an emergency the Division may waive a rule that a facility is unable to meet, for reasons beyond the facility’s control. If the Division waives a rule under this section it shall issue an order, in writing, specifying which rules are waived, which facilities are subject to the order, and how long the order shall remain in effect. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0080 Quality Assessment and Performance Improvement (1) The facility shall establish a program to monitor the quality of care given to patients. This program shall document that the facility staff evaluate the provision of care, determine treatment goals, identify opportunities for improvement, develop and implement improvement plans, and evaluate implementation until resolution of a problem is achieved. (2) The medical director of the facility is responsible for quality monitoring and improvement activities. The Quality Assessment and Performance Improvement (QAPI) team shall consist of a multi-disciplinary team to include representatives of medical staff, administration, nursing, technical, social work and dietary. Meetings of the QAPI team shall be held at least quarterly or more often if needed to resolve a particular issue. (3) QAPI mechanisms shall include: (a) An ongoing review of key elements of care using comparative and trend data to include aggregate patient data and to promote the reduction of risks; (b) Identification of areas where performance measures or outcome data indicate a need for improvement; (c) Establishment of QAPI committees to identify any variations from desired outcomes; create and implement improvement plans; evaluate the effectiveness of the improvement plan; and (d) Establishment and monitoring of key quality indicators. For each indicator, the facility shall establish a performance level consistent with current professional knowledge. At a minimum, the following indicators shall be monitored on an ongoing basis: (A) Water Quality including chemical and bacteriological indicators; (B) Equipment maintenance and repair; (C) Reprocessing of dialyzers including performance measures, labeling, disinfection, and pyrogenic reactions; (D) Infection control including monitoring of staff and patient infections; (E) Clinical outcomes including laboratory values, dialysis adequacy, hospitalizations, vascular access complications; (F) Incidents and rate of adverse occurrences (clinical variances) including accidents, medication errors, treatment errors, infiltrations, needle sticks, adverse drug reactions, and other occurrences affecting patients, visitors, or staff; (G) Mortality including review of each patient death and monitoring of mortality rates and trends; (H) Complaints and suggestions including those from patients, family and staff; and (I) Other indicators as required by federal regulations and Network requirements. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0095 Medical Director of an Outpatient Renal Dialysis Facility The Medical Director shall be responsible for oversight of the care provided by the staff of the dialysis facility. Treatment must be provided under the general supervision of a director who is a physician. The physician-director need not devote full time as director but shall be responsible for planning, organizing, conducting, and directing the professional dialysis services and must devote sufficient time to carrying out these responsibilities. The director may also serve as the Chief Executive Officer of the facility. (1) The director of a dialysis facility must be a qualified physician-director. (2) The responsibilities of the physician-director include but are not limited to the following: (a) Assuring the development and implementation of the process of modality selection, i.e., transplantation or dialysis and the setting for dialysis for all patients; (b) Assuring adequate training of nurses and technicians in dialysis techniques; (c) Assuring adequate monitoring of the patient and the dialysis process, including, self-dialysis patients; (d) Assuring periodic assessment of patient performance of dialysis tasks; (e) Assuring the development and availability of a patient care policy and procedures manual and its implementation. At a minimum, the manual shall describe the following: (A) Types of dialysis used in the facility and the procedures followed in performance of such dialysis; (B) Hepatitis prevention and procedures for handling an individual with hepatitis; (C) Infection control; and (D) A disaster preparedness plan (e.g., patient emergency, fire, flood); (f) Assuring that patient teaching materials are available for use by all trainees during the training period and at times other than during the dialysis procedure when self-dialysis training or home dialysis training is offered; and (g) Assuring that patient outcomes are monitored and evaluated as part of the QAPI process. The Medical Director must assure that a plan is in place for the improvement of patient outcomes. This process shall include a review of any accidents, incidents, or adverse outcomes. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0110 Infection Control (1) There shall be written policies and procedures in effect for the prevention and control of hepatitis and other infections. These policies must include, but are not limited to: (a) Appropriate procedures for surveillance and reporting of infections; (b) Housekeeping; (c) Handling and disposal of waste and contaminants; (d) Sterilization and disinfection, including the sterilization and maintenance of equipment where dialysis supplies are reused; and (e) The rinsing, cleaning, disinfection, preparation and storage of reused items which conform to requirements for reuse. (2) Dialysis facilities shall follow the Centers for Disease Control and Prevention (CDC) recommendations for preventing transmission of infections. This includes the use of long-sleeved gowns that are impervious to the passage of fluids during procedures at high risk for blood or other bodily fluid contamination (for example, initiation and termination of dialysis and reuse procedures). (3) The medical director shall designate a committee or individual qualified in surveillance, prevention and control of nosocomial infections to be responsible for the direction, provision, and quality of infection prevention and control services. The medical director shall be responsible for ensuring the facility maintains a record of all infections, their incidence, treatment, and outcome. (4) Facilities shall: (a) Have a tuberculosis infection control plan that includes employee assessment and screening for protecting patients and employees from tuberculosis in accordance with OAR 333-019-0041; and (b) Restrict the work of employees with restrictable diseases in accordance with OAR 333-019-0010. (5) Blood spills shall be cleaned immediately or as soon as is practical with an appropriate chemical disinfectant. (6) The facility shall employ appropriate techniques to prevent cross-contamination between the unit and adjacent hospital or public areas including, but not limited to: food service areas; laundry; disposal of solid waste and blood-contaminated equipment; and disposal of contaminants into sewage systems. Waste storage and disposal shall be carried out in accordance with applicable local laws and accepted public health procedures. The written patient care policies shall specify the functions to be carried out by facility personnel and by the self-dialysis patients with respect to contamination prevention. Where dialysis supplies are reused, records shall be maintained that can be used to demonstrate whether established procedures covering the rinsing, cleaning, disinfection, preparation and storage of reused items, conform to requirements for reuse. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 14-2020, amend filed 03/24/2020, effective 03/24/2020 PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0125 Reuse of Hemodialyzers and other Dialysis Supplies If the facility reuses hemodialyzers, the facility shall conform to the following: (1) Meet the requirements of AAMI published in "Reprocessing of Hemodialyzers," ANSI/AAMI RD47:2008/(R)2013, adopted by reference; (2) Procedure for chemical germicides: To prevent any risk of dialyzer membrane leaks due to the combined action of different chemical germicides, dialyzers shall only be exposed to one chemical germicide during the reprocessing procedure. If a dialyzer is exposed to a second germicide, the dialyzer must be discarded; (3) Surveillance of patient reactions: In order to detect bacteremia and to maintain patient safety when unexplained events occur, the facility: (a) Shall take appropriate blood cultures at the time of a febrile response in a patient; and (b) If pyrogenic reactions, bacteremia, or unexplained reactions associated with ineffective reprocessing are identified, the reuse of hemodialyzers in that setting shall be terminated and the facility shall not continue reuse until the entire reprocessing system has been evaluated; (4) Transducer filters: To control the spread of hepatitis, transducer filters shall be changed after each dialysis treatment and shall not be reused; and (5) Bloodlines: If the facility reuses bloodlines, it shall: (a) Limit the reuse of bloodlines to the same patient; (b) Not reuse bloodlines labeled for "single use only"; (c) Reuse only bloodlines for which the manufacturer's protocol for reuse has been accepted by the Food and Drug Administration (FDA) pursuant to the premarket notification (section 510(k)) provision of the Food, Drug, and Cosmetic Act; and (d) Follow the FDA-accepted manufacturer's protocol for reuse of that bloodline. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 18-2019, amend filed 10/01/2019, effective 01/01/2020 PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
334-001-0000 Notice to Interested Persons Prior to adoption, amendment or repeal of any rule relating to the practice of massage or bodywork, the Board must give notice pursuant to ORS 183.335 of the proposed adoption, amendment or repeal: (1) By mailing or delivering a copy of the notice to persons on the Board's mailing list, established pursuant to ORS 183.335(8); (2) By mailing or furnishing a copy of the notice to representatives of the: (a) Associated Press and United Press International; (b) Oregon Massage Therapists Association; (c) American Massage Therapy Association — Oregon chapter; and (d) Certified Massage Schools in Oregon. (3) By mailing or furnishing a copy of the notice to other persons, organizations, and publications that may have an interest in the subject matter of the proposal. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 687.011, 687.086 & 687.121 History: BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12 BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09 BMT 1-2000, f. & cert. ef. 1-12-00 BMT 2-1998, f. & cert. ef. 7-22-98 MTB 1-1992, f. & cert. ef. 7-28-92 MTB 2-1982, f. & ef. 7-21-82 MTB 1-1978, f. & ef. 7-28-78
334-001-0005 Model Rules of Procedure The most current Model Rules of Procedure as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act are by this reference adopted as the rules and procedures of the Board of Massage Therapists and must be controlling except as otherwise required by statutes or rules. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121 History: BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12 BMT 2-1998, f. & cert. ef. 7-22-98 MTB 1-1992, f. & cert. ef. 7-28-92 MTB 1-1985, f. & ef. 1-8-85 MTB 1-1982, f. & ef. 2-4-82 MTB 1-1980, f. & ef. 2-26-80 MTB 1-1978, f. & ef. 7-28-78
334-001-0012 Budget The Oregon Board of Massage Therapists hereby adopts, and fully incorporates herein, the Oregon Board of Massage Therapists' 2025-2027 Biennium budget of $2,967,500.00. Statutory/Other Authority: ORS 182.462 & ORS 687.121 (10) Statutes/Other Implemented: ORS 182.462 History: BMT 2-2025, amend filed 06/17/2025, effective 07/01/2025 BMT 1-2025, amend filed 02/12/2025, effective 04/01/2025 BMT 2-2023, amend filed 05/25/2023, effective 07/01/2023 BMT 2-2021, amend filed 05/26/2021, effective 07/01/2021 BMT 1-2019, amend filed 03/21/2019, effective 07/01/2019 BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019 BMT 1-2017, f. 5-23-17, cert. ef. 7-1-17 BMT 1-2015, f. 3-12-15, cert. ef. 7-1-15 BMT 1-2013, f. 5-31-13, cert. ef. 7-1-13 BMT 2-2011, f. 6-29-11, cert. ef. 7-1-11 BMT 1-2011, f. & cert. ef. 4-21-11 BMT 3-2010, f. 12-22-10, cert. ef. 1-1-11 BMT 3-2009, f. & cert. ef. 7-2-09 BMT 2-2007, f. & cert. ef. 7-3-07 BMT 1-2007, f. & cert. ef. 6-29-07 BMT 3-2005, f. 6-24-05, cert. ef. 7-1-05 BMT 2-2005(Temp), f. & cert. ef. 6-24-05 thru 6-30-05 BMT 2-2003, f. & cert. ef. 6-17-03 BMT 1-2001, f. & cert. ef. 5-29-01 BMT 2-2000, f. & cert. ef. 8-3-00 BMT 1-2000, f. & cert. ef. 1-12-00 BMT 2-1999(Temp), f. & cert. ef. 9-17-99 thru 3-15-00
334-001-0020 Contracting and Procurement (1) It is the policy of the Board to conduct its procurement efforts to ensure a process that promotes fairness, integrity, security, and honesty to maximize revenue and achieve the best value for the Board. (2) These rules are used to simplify, clarify and modernize the public contracting of the Board. Statutory/Other Authority: SB 1127 Statutes/Other Implemented: Section 5(4) History: BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12 BMT 1-2000, f. & cert. ef. 1-12-00 BMT 3-1999(Temp), f. & cert. ef. 9-17-99 thru 3-15-00 BMT 2-1998, f. & cert. ef. 7-22-98 MTB 1-1992, f. & cert. ef. 7-28-92
334-001-0025 Application of the Board’s Procurement Rules; Exceptions (1) General: It is the policy of the Board to maximize the net revenues of the Board and to conduct its contracting affairs in an open, competitive manner. (2) Exceptions: The Board may enter into the following classifications of Contracts without a competitive process: (a) Contracts between the Board and a state agency or local government of this state or another state, with the United States or a United States governmental agency, with an American Indian tribe or an agency of an American Indian tribe, or with a nation or a public agency in any nation other than the United States as permitted in ORS Chapter 190; (b) Emergency Procurements; (c) Contracts for books, memberships, or subscriptions; (d) Price regulated items where the rate or price is established by federal, state or local regulatory authority; and (e) Purchase of used personal property. (3) Reservation of Rights: Although the Board is exempt from ORS Chapter 279A and 279B, which govern public contracts and procurement, the Board reserves the right to use, as guidelines to govern its procurement actions, relevant provisions of ORS Chapter 279A, and 279B, the Attorney General's Model Public Contract Rules (OAR chapter 137, divisions 46 and 47) and the Public Contracting Rules established by the Oregon Department of Administrative Services (OAR chapter 125, divisions 246 and 247). However, the procedures set forth in these statutes and administrative rules must be guidance only and must not obligate the Board to follow the procedures set forth in these statutes and administrative rules. Statutory/Other Authority: ORS 183 & 687 Statutes/Other Implemented: ORS 182.456 - 182.472, 687.011, 687.051, 687.057, 687.061, 687.086 & 687.121 History: BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
334-001-0028 Procurement Authority (1) General: The Executive Director is authorized to initiate procurements and enter into Contracts and Contract amendments for Goods and Services that are used in the normal day to day operations of the Oregon Board of Massage Therapists and in carrying out the vision of the Board. (2) Board Approved Contracts: Notwithstanding the provisions of section (1) of this rule, the Board must approve contracts over $50,000 and insure a competitive procurement process is used. The Board having once approved a Contract or Contract amendment authorizes the Executive Director to execute the Contract or Contract amendment, make all disbursements and payments as provided in the Contract or Contract amendment, without further action by the Board. (3) Emergency Procurements: Notwithstanding the provisions of section (1) of this rule, the Executive Director is authorized to enter into a Contract awarded as an Emergency procurement. (4) Rule or Statutory Authorization: If a contract action is authorized by statute or rule, the Executive Director is authorized to execute the Contract or any Contract amendment, and make all disbursements and payments as required by the Contract terms or the terms of the Contract amendment. (5) Price Reduction: The Executive Director is authorized, without further, specific approval action by the Board, to execute any Contract amendment that results in a reduction of the price paid by the Board. (6) Delegation by Executive Director: The Executive Director may delegate, in writing, to any of the current Oregon Board of Massage Therapists employees the exercise or discharge of any of the powers, duties or functions of the Executive Director in these Division 1 rules. (7) Legal Sufficiency Review: For all contracts, including amendments, in excess of $150,000 the Board must seek an Attorney General legal sufficiency review and approval, as per OAR 137-045-0015. Statutory/Other Authority: ORS 183 & 687 Statutes/Other Implemented: ORS 182.456 - 182.472, 687.011, 687.051, 687.057, 687.061, 687.086 & 687.121 History: BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
334-001-0036 Contract Amendments (1) Additional Goods or Services: The Board may amend a Contract without additional competition to add additional Goods or Services within the Scope of the Solicitation Document, or if no Solicitation Document, the Contract, subject to the following conditions: (a) The additional Goods or Services are required by reason of existing or new laws, rules, regulations, or ordinances that affect the performance of the original Contract; or (b) The prices for the Goods or Services are modified only as follows: (A) When prices for the Goods or Services are based on unit prices, unit prices that establish the cost basis for the additional Goods or Services were provided in the Offer or original Contract and those prices do not increase except as permitted by an escalation clause in the Contract; or (B) When prices for the Goods or Services are not based on unit prices, options that establish the cost basis for the additional Goods or Services were provided in the Solicitation Document, Offer, or original Contract. (2) Renegotiated Contract: The Board may renegotiate the terms and conditions, including the Contract Price, of a Contract without additional competition and amend a Contract if it is Advantageous to the Board subject to the following conditions: (a) The amended Contract is within the Scope of the Solicitation Document, or if no Solicitation Document, within the Scope the Contract; (b) The Board must determine that, with all things considered, the renegotiated Contract is at least as favorable to the Board as the original Contract; and (c) The renegotiated Contract will not have a total term greater than allowed in the original Solicitation Document or Contract after combining the initial and extended terms. (d) If a Contractor offers a lower price in exchange for a term or condition that was expressly rejected in the original solicitation, the amended Contract may be structured with this changed term as an optional, but not as a mandatory Contract term. (3) Small or Intermediate Contract: The Executive Director may amend a contract awarded as a small or intermediate procurement pursuant to sections (1) or (2) of this rule, but the cumulative amendments must not increase the total Contract Price to a sum that is greater than twenty-five percent of the original Contract Price, unless the amendment increasing the original Contract Price to more than twenty-five percent of the original Contract Price is approved in writing by the Board prior to execution of the amendment. (4) Emergency Contract: The Board may amend a Contract Awarded as an Emergency procurement if the Emergency justification for entering into the Contract still exists, and the amendment is necessary to address the continuing Emergency. Statutory/Other Authority: SB 1127 Statutes/Other Implemented: Section 5(4) History: BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
334-001-0045 Personnel Policies The Oregon Board of Massage Therapists hereby adopts its own personnel policies which are controlling. Statutory/Other Authority: ORS 182.456 - 182.472 Statutes/Other Implemented: ORS 182.456 - 182.472 History: BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09 BMT 3-2005, f. 6-24-05, cert. ef. 7-1-05 BMT 1-2000, f. & cert. ef. 1-12-00 BMT 3-1999(Temp), f. & cert. ef. 9-17-99 thru 3-15-00
334-001-0055 Board Member Stipend (1) The Oregon Board of Massage Therapists hereby adopts a board member stipend of up to $155 or the current Oregon legislative per diem stipend each day or portion thereof during which the board member is actually engaged in the performance of official duties (2) Performance of official duties is defined as: (a) Scheduled meetings: (A) Board meetings, including special Board meetings via conference call, (B) Board committee meetings. (b) Appointments with Board staff for Board business; (c) Legislative testimony; OR (d) Conferences and activities that the Board has requested that the member attend as its representative. (3) Each Board member shall receive a two day stipend of $155 per day or the current Oregon legislative per diem for each regularly scheduled Board meeting preparation. This compensation is not paid if the Board member does not attend the meeting for which they have prepared. Statutory/Other Authority: ORS 182.460 & 687.121 Statutes/Other Implemented: ORS 182.460 & 687.121 History: BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022 BMT 2-2015, f. 6-12-15, cert. ef. 7-2-15 BMT 1-2015, f. 3-12-15, cert. ef. 7-1-15 BMT 1-2011, f. & cert. ef. 4-21-11 BMT 3-2010, f. 12-22-10, cert. ef. 1-1-11 BMT 2-2010, f. 7-23-10, cert. ef. 7-26-10 BMT 1-2010, f. & cert. ef. 4-12-10