justicedao/ipfs_state_laws huggingface dataset:
333-250-0255 Facility (1) A building used by the licensed ambulance service shall be kept clean, in good repair and free from fire and safety hazards. (2) A licensed ambulance service must provide: (a) A facility or area for sleeping or resting for an employee or volunteer working a 24-hour shift; (b) Adequate toilet, hand-washing and shower facilities with hot and cold running water, antiseptic soap and clean towels for hand and body drying. If the licensed ambulance service does not have shower facilities, the licensed ambulance service must have a signed agreement or contract with a medical facility or other entity to make available shower facilities to ambulance personnel for the purpose of showering after coming in contact with medical or other biohazardous waste; (c) If soiled linens are to be kept at the building, a soiled linen receptacle must be kept in a separate area from clean linen in accordance with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division and other rules governing the handling of special medical wastes; (d) Designated secure storage for all medications which are deteriorated, outdated, misbranded, adulterated or otherwise unfit for use; (e) Designated storage for malfunctioning patient care equipment clearly marked "out-of-service" until the equipment has been repaired or replaced; and (f) Secure storage for patient care equipment, supplies and medications, or alternatively, a signed agreement with a medical facility that the medical facility will provide the patient care equipment, supplies, and medications. Statutory/Other Authority: ORS 682.017 & 682.068 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 7-2017, f. & cert. ef. 3-21-17
333-250-0280 Personnel File Documentation The licensed ambulance service must maintain a complete and current personnel file for each employee, volunteer, qualified driver, ambulance-based clinician, agent and emergency medical services (EMS) medical director including but not limited to, the following information: (1) Full name; (2) Current home mailing address; (3) Affiliation status, listed as either an employee full-time paid, employee part-time paid, contractor or volunteer; (4) Verifiable written documentation that the employee, volunteer, qualified driver or ambulance-based clinician has completed required training including when and where training was obtained; (5) Copies of: (a) Any reportable action submitted in accordance with OAR 333-250-0270(9) regarding the individual; (b) Applicable professional certificates or licenses; (c) A current driver's license or other official government-issued identification; (d) A current pilot’s license if the employee or volunteer operates an air ambulance; (e) A certified driving record in accordance with OAR 333-250-0270(5); (f) A current Basic Life Support (BLS) Provider card or proof of course completion that meets or exceeds the American Heart Association (AHA) Cardiopulmonary Resuscitation (CPR) and Emergency Cardiovascular Care (ECC) guidelines or equivalent (this course must include a practical skills evaluation); (g) Training records that identify completion of an initial orientation program and training requirements specified in these rules; (h) For an EMS provider licensed as a Transitional Paramedic, material required under OAR 333-265-0027(1)(d); (i) Health records documenting: (A) Initial tuberculosis (TB) screening or evidence that the screening had been completed previously, and any subsequent screenings in accordance with OAR 333-019-0041; and (B) Hepatitis-B immunizations, a signed statement of declination, or evidence that the immunization series had been completed previously; (j) Signed attestation as required under OAR 333-250-0270(2); and (k) Signed confidentiality statement as required under OAR 333-250-0310(6). (6) For a qualified driver, a copy of: (a) Criminal background check conducted by the licensed ambulance service that determined the driver was suitable to operate a ground ambulance vehicle; or (b) Certification by the Department of Public and Safety Standards and Training within the last 365 days. Statutory/Other Authority: ORS 682.017 & 682.068 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 52-2023, amend filed 11/07/2023, effective 12/01/2023 PH 56-2021, minor correction filed 10/05/2021, effective 10/05/2021 PH 27-2020, amend filed 04/27/2020, effective 07/01/2020 Renumbered from 333-250-0043, PH 7-2017, f. & cert. ef. 3-21-17 PH 1-2013, f. & cert. ef. 1-25-13 PH 11-2010, f. 6-30-10, cert. ef. 7-1-10 PH 2-2007, f. & cert. ef. 2-1-07 OHD 7-2001, f. & cert. ef. 4-24-01
333-250-0290 Communications and Dispatch (1) The licensed ambulance service is responsible for: (a) Having a valid license from the Federal Communications Commission (FCC) to operate an EMS radio on assigned frequencies, or proper authorization from another agency holding a valid FCC license to operate on designated radio frequencies; (b) Having 24-hour-a-day telephone answering, or 24-hour-a-day telephone and text-to-9-1-1 answering, and dispatching capabilities or having a signed agreement or contract with a recognized primary or secondary Public Safety Answering Point (PSAP), that will provide telephone answering, or telephone and text-to-9-1-1 answering, and emergency dispatching services; (c) Providing a reliable means of alerting and communicating with an ambulance crew before, during and after an ambulance call; (d) Immediately routing all emergency calls received from the public on any of the licensed ambulance service's 10-digit telephone number or if received by text to the primary PSAP. When a licensed ambulance service receives a request for an emergency ambulance and the licensed ambulance service is a recognized secondary PSAP, the licensed ambulance service shall dispatch the ambulance and notify the primary PSAP for coordination of other emergency responder agencies; (e) Ensuring that any request for an ambulance received on the licensed ambulance service's 10-digit telephone number or if received by text is answered or responded to by a live person or that there is an answering machine referring the caller to the appropriate emergency telephone number; and (f) Maintaining ambulance dispatch records as prescribed in ORS 820.330 and 820.340. The records must be kept by the licensed ambulance service or the licensed ambulance service must have a signed agreement with the PSAP, service or agency that provides telephone answering, or telephone and text-to-9-1-1 answering, and dispatching services that they will maintain and make available copies of the official dispatch records for a minimum of seven years. (2) When the licensed ambulance service employs dispatchers for the purpose of answering the telephone or responding to text-to-9-1-1, taking information regarding the need for an ambulance and dispatching the ambulance, the dispatcher must be certified and maintain active certification by the Department of Public Safety Standards and Training in accordance with OAR chapter 259, division 008. (3) An air ambulance must meet Federal Aviation Regulation (FAR), 14 CFR Part 135, Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft. Statutory/Other Authority: ORS 682.017 & 682.068 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 87-2021, amend filed 12/09/2021, effective 01/01/2022 Renumbered from 333-250-0046, PH 7-2017, f. & cert. ef. 3-21-17 PH 11-2010, f. 6-30-10, cert. ef. 7-1-10 PH 2-2007, f. & cert. ef. 2-1-07 OHD 7-2001, f. & cert. ef. 4-24-01
333-250-0315 Electronic Transfer and Access of Patient Encounter and Outcome Data (1) A licensed ambulance service agency shall have access to patient outcome data through the Oregon Emergency Medical Services Information System (OREMSIS) and shall not access information for any other purpose than that specifically authorized by law. (2) An Oregon trauma hospital shall have access to patient encounter data through the Oregon Trauma Registry (OTR) and shall not access information for any other purpose than that specifically authorized by law. (3) The Oregon Health Authority (Authority) may require that each licensed ambulance service and Oregon trauma center enter into a data use agreement with the Authority, as prescribed by the Authority, that governs the use and disclosure of patient encounter data and outcome data. (4) A data use agreement shall be reviewed and updated as required by the Authority's Information and Security and Privacy Office. (5) The Authority shall ensure that: (a) The patient encounter data identified in Appendix 1 is transferred to and made available through the OTR within 60 days of a patient encounter where the patient has been identified as a trauma patient. (b) The patient outcome data identified in Appendix 2 is transferred to OREMSIS within 60 days. (6) An emergency medical services (EMS) medical director, ambulance service administrator or delegate are the only individuals permitted to access the patient outcome data from OREMSIS. (7) A non-transporting EMS agency that chooses to voluntarily report an ePCR in accordance with OAR 333-250-0310 may have access to patient outcome data in the same manner as identified in this rule. A non-transporting EMS agency administrator, supervising physician or delegate shall be the only individuals permitted to have access to the patient outcome data from OREMSIS. (8) The Authority may access patient encounter and outcome data for the purposes of quality assurance, quality improvement, public health activities, and research. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 682.017, 682.056 & 682.068 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 24-2017, adopt filed 12/21/2017, effective 01/01/2018
333-250-0320 Quality Assessment and Performance Improvement (1) The licensed ambulance service shall establish and maintain an effective quality assessment and performance improvement program that is approved by the emergency medical services (EMS) medical director and ambulance service administrator and may include: (a) A method to monitor, evaluate and improve organizational efficiency and care delivery; (b) A method to select and track performance improvement indicators which may include, but are not limited to: (A) Accurate patient assessment; (B) Medical intervention delivered in accordance with established standing orders; (C) Success of skills; (D) Quality of clinical documentation; and (E) Clinical outcome data; and (c) A process for investigating and addressing patient safety issues raised by means other than measured indicators. (2) The ambulance service must implement a defined quarterly reporting process for performance improvement activities and issues including: (a) Documenting and reporting individual issues and clinical indicator results; and (b) Documenting and reporting aggregate data of clinical indicators and other activities to staff. (3) To assist the licensed ambulance service and the EMS medical director in determining if appropriate and timely emergency medical care was rendered to a patient, the ambulance service designated official may request the following information from the receiving hospital as authorized by ORS 682.056: (a) Patient admit status and unit admitted to; (b) Any procedure listed in the National Highway Transportation Safety Administration, National EMS Information System (NEMSIS) data dictionary, using a version determined by the Oregon Health Authority, and performed on the patient within the first hour of being admitted; (c) Any medication administered to the patient within the first hour of being admitted; and (d) Trauma system entry by emergency department staff. (4) Information provided under section (3) of this rule is considered confidential pursuant to ORS 682.056. Any employee or volunteer participating in a quality improvement session must have a signed confidentiality statement in their personnel file. Statutory/Other Authority: ORS 682.017 & 682.068 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 7-2017, f. & cert. ef. 3-21-17
333-250-0330 Patient Rights for Emergency Medical Care and Transportation (1) An ambulance service licensed by the Oregon Health Authority (Authority) shall maintain written policies and procedures regarding patient rights. (2) A statement of patient rights shall be distributed to each employee or volunteer and made available in the business office and in each satellite location. (3) The statement of patient rights shall include, but is not limited to, the following: (a) Access to appropriate emergency medical care and transportation without regard to race, ethnicity, religion, age, gender, sexual orientation, or disability; (b) Emergency medical services (EMS) providers will be considerate and respectful to all patients regardless of status; (c) Opportunity to refuse any medical care or transportation to a medical facility when informed about the care to be provided and the risks associated with refusing medical care or transportation; (d) Transportation to a clinically appropriate medical facility of the patient's choice without questioning ability to pay. The agency may elect to transport to a closer, appropriate medical facility if a patient's facility of choice: (A) Is unreasonable due to unsafe conditions; or (B) Requires an ambulance to be taken out of service for an unreasonable amount of time; (e) When appropriate, opportunity to request private transport, for example from a friend or family member; (f) Patient's health information will be protected in accordance with state and federal privacy laws; (g) Opportunity to receive, upon request, medical information relating to the care or transport provided by EMS providers; (h) Opportunity to receive, upon request, a reasonable explanation of any charges for emergency medical care provided by EMS providers or for ambulance services; and (i) Information on how and where to file a complaint about the services performed is posted and available. (4) Notwithstanding subsection (3)(d) of this rule, a licensed ambulance service may transport a patient without consent if the patient is incapacitated or cannot make sound decisions based upon illness, injury or age. Statutory/Other Authority: ORS 682.017 & 682.068 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.99 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 Renumbered from 333-250-0085, PH 7-2017, f. & cert. ef. 3-21-17 PH 14-2016, f. & cert. ef. 4-28-16
333-250-0340 Waiver or Variance from Standards (1) As used in this rule: (a) "Waiver" means the Oregon Health Authority (Authority) has excused compliance with a specific rule in writing. (b) "Variance" means the Authority has permitted a change or deviation from an existing rule in writing. (2) While a licensed ambulance service is required to maintain continuous compliance with the Authority's rules, these requirements do not prohibit the use of alternative concepts, methods, procedures or techniques. A licensed ambulance service may request a waiver or variance from the requirements established in ORS 820.330 to 820.380, ORS chapter 682 and these rules when: (a) The licensed ambulance service believes that compliance with a rule is inappropriate because of special circumstances which would render compliance unreasonable, burdensome, or impractical due to special conditions or causes, or because compliance would result in substantial curtailment of necessary ambulance service; and (b) A city ordinance or county ambulance service plan exists, and the licensee has presented their request for a waiver or variance to the local city or county governing body and that body has given their approval for the proposed waiver or variance. (3) A request for a waiver or variance must be submitted to the Authority in writing and include the following information: (a) The specific rule for which a waiver or variance is requested: (b) A description of the special circumstances relied upon to justify the waiver or variance; (c) What alternatives were considered, if any and why alternatives (including compliance) were not selected; (d) An explanation of why the proposed waiver or variance will not jeopardize patient health and safety; (e) The proposed duration of the waiver or variance; and (f) A detailed and realistic plan to resolve the need for a future waiver or variance. (4) The request for a waiver or variance may be presented to the Emergency Medical Services Advisory Board at a regularly scheduled meeting. The emergency medical services (EMS) Director or EMS Deputy Director, after considering the Board's recommendation, when requested, may grant a waiver or variance in writing. (a) A waiver or variance shall be granted for a period of time as prescribed by the Authority; and (b) A subsequent waiver or variance may only be granted when the licensed ambulance service has demonstrated to the Authority, insofar as possible, adequate progress in resolving the need for the initial waiver or variance as described in the plan. Statutory/Other Authority: ORS 682.017, 682.068 & 682.079 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 58-2021, minor correction filed 10/05/2021, effective 10/05/2021 PH 24-2017, amend filed 12/21/2017, effective 01/01/2018 Renumbered from 333-250-0050, PH 7-2017, f. & cert. ef. 3-21-17 PH 1-2013, f. & cert. ef. 1-25-13 PH 2-2007, f. & cert. ef. 2-1-07 OHD 7-2001, f. & cert. ef. 4-24-01 HD 18-1994, f. 6-30-94, cert. ef. 7-1-94
333-250-0350 Complaints (1) Any person may make a complaint verbally or in writing to the Oregon Health Authority (Authority) regarding an allegation against a licensed ambulance service of a violation of any licensing law. (2) The identity of a person making a complaint will be kept confidential as permitted by law. (3) An investigation will be carried out as soon as practicable after the receipt of the complaint in accordance with OAR 333-250-0360. (4) If the complaint involves an allegation of criminal conduct or an allegation that is within the jurisdiction of another local, state or federal agency, the Authority will refer the matter to that agency. (5) The Authority does not have jurisdiction over and shall not take action on complaints that relate solely to rates charged to a patient by a licensed ambulance service. Statutory/Other Authority: ORS 682.017, ORS 682.068, ORS 676.175 & ORS 676.177 Statutes/Other Implemented: ORS 682.017 - 682.117 & ORS 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 7-2017, f. & cert. ef. 3-21-17
333-250-0360 Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Oregon Health Authority (Authority) staff will begin an investigation. (2) An ambulance service shall permit Authority staff access to the service agency during an investigation. For purposes of an investigation, giving advanced notice to the licensed ambulance service is not required. (3) An investigation may include but is not limited to: (a) Interviews of the complainant, patients of the ambulance service, patient family members, witnesses, ambulance service management and staff; (b) On-site observations of staff performance and the physical environment of the ambulance service or ambulance; and (c) Review of documents and records. (4) The Authority may make photographic, video-graphic or audio recording documentation as part of an investigation of non-compliance with ORS chapter 682 and these rules. (5) Information obtained by the Authority during an investigation of a complaint or reported violation under this rule is confidential and not subject to public disclosure under ORS 676.175. Upon the conclusion of the investigation, the Authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any patient of the ambulance service. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of an ambulance service, and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160 as that information pertains to a licensee of the board. Statutory/Other Authority: ORS 682.017, ORS 682.068, ORS 676.160, ORS 676.175 & ORS 676.177 Statutes/Other Implemented: ORS 682.017 - 682.117 & ORS 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 PH 7-2017, f. & cert. ef. 3-21-17
333-250-0375 Responsibility to Notify the Oregon Health Authority of Changes In a manner prescribed by the Oregon Health Authority (Authority), a licensed ambulance service must keep the Authority apprised of and report the following changes within 30 calendar days of the change: (1) Change of name; (2) Mailing address; (3) Street address of the principal place of business of the ambulance service; (4) Street address of all fixed locations where an ambulance is parked when not in operation; (5) Ambulance service administrator (name, electronic mail address, phone number); (6) Main contact electronic mail address; (7) Main contact phone number; and (8) Emergency medical services (EMS) provider affiliation. Statutory/Other Authority: ORS 682.017 & ORS 682.068 Statutes/Other Implemented: ORS 682.017 - 682.117 & ORS 682.991 History: PH 19-2025, adopt filed 09/24/2025, effective 01/01/2026
333-250-0400 Formal Enforcement (1) If during an investigation or survey, Oregon Health Authority (Authority) staff document a substantial failure to comply with these rules, OAR 847-035-0020 and 0025, ORS chapter 682, ORS 820.300 through 820.380, or the agency maintains an ambulance vehicle that fails to satisfy OAR chapter 333, division 255, or if an agency fails to pay a civil penalty imposed under ORS 682.224 or these rules, the Authority may suspend, revoke or deny a license in accordance with ORS 183.411 through 183.470. (2) If during an investigation or survey, Authority staff document that an ambulance manifests evidence of a mechanical or equipment deficiency, which poses a significant threat to the health or safety of patients or crew, the Authority shall immediately suspend that ambulance from operation. No ambulance that has been suspended from operation may be operated until the ambulance service licensee has certified, and the Authority has confirmed, that all of the violations have been corrected. (3) In the event that a license is suspended or revoked, the ambulance service licensee must cease ambulance service operations and no person except the Authority may permit or cause the service to continue. (4) The Authority shall notify applicable local government, county ambulance service plan administrator, and the emergency medical services (EMS) medical director of the ambulance service of the suspension or revocation of an ambulance service license, or the placing of a service on probation. (5) If an ambulance service licensee has had its ambulance service license revoked, following the opportunity for a hearing as provided by ORS chapter 183, that person may not be eligible to apply for or hold an ambulance service license for a period of two years from the date of revocation as specified in ORS chapter 682. Statutory/Other Authority: ORS 682.017 & 682.068 Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991 History: PH 19-2025, amend filed 09/24/2025, effective 01/01/2026 Renumbered from 333-250-0070, PH 7-2017, f. & cert. ef. 3-21-17 PH 1-2013, f. & cert. ef. 1-25-13 PH 11-2010, f. 6-30-10, cert. ef. 7-1-10 PH 2-2007, f. & cert. ef. 2-1-07 OHD 7-2001, f. & cert. ef. 4-24-01 HD 18-1994, f. 6-30-94, cert. ef. 7-1-94