justicedao/ipfs_state_laws huggingface dataset:
331-670-0015 Client Record Requirements (1) Licensees must record and maintain documentation for each client relevant to health history, clinical examinations, treatment, and financial data. (2) Client records must include: (a) Client name, address, telephone number and dates of service; (b) Health history relevant to hearing evaluation or fitting of a hearing aid(s), including referral to a physician or a Waiver of Medical Opinion form required by ORS 694.142(6); (c) Identification of any conditions that would require referral to a physician and a notation that the client was referred; (d) Audiograms and results of tests or verification procedures; (e) A copy of the Statement to the Prospective Hearing Aid Purchaser, including client’s signature and date acknowledging that the client has read and understands the information contained in the Statement; and (f) Date and description of services, including any complications, the recorder’s initials, license number and professional title if multiple practitioners provide service to the client. (g) The technical specifications issued by a manufacturer for the hearing aid(s) that have been delivered to or purchased by the client. (3) Client records must include the names, license numbers, professional titles or abbreviations, and signatures or initials to identify every person providing service to the client. (4) A licensee must keep accurate, complete and legible client records. A licensee must maintain client records for at least seven years after the client’s last visit and must make client records available to the Office upon request. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-670-0020 Additional Conditions For Referral (1) In addition to the conditions listed in ORS 694.142(1), a licensee must refer the client to a physician as required under ORS 694.142(2) for the following: (a) Cerumen accumulation in the auditory canal preventing visual inspection of the external auditory canal or external auditory meatus and tympanic membrane or foreign body in the ear canal; (b) Pain or discomfort in the ear; (c) Tinnitus. (2) If the client refuses to seek a medical opinion from a licensed physician as defined in ORS 694.042 (1)(a), the licensee must obtain written refusal from the client on a Waiver of Medical Opinion form as required by ORS 694.142(6). The licensee must obtain the written refusal prior to the fitting or dispensing of a hearing aid. The Waiver of Medical Opinion form must include: (a) Licensee’s name; (b) Licensee’s license number; (c) Client’s name; (d) Client’s address; (e) Client contact information; (f) A statement that the person signing the form is refusing to seek a medical opinion from the physician to whom the client has been referred; (g) The signature of the person who is refusing; and (h) The date that the person signed the form. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 4-2022, amend filed 03/28/2022, effective 04/15/2022 HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-705-0015 Election of Chairperson and Vice Chairperson The chairperson and vice chairperson must be elected by the Board. The elected Board chairperson and vice chairperson may serve continuously until the Board elects another chairperson and vice chairperson. Statutory/Other Authority: ORS 676.615, ORS 688.820 & ORS 688.825 Statutes/Other Implemented: ORS 688.820 & ORS 688.825 History: HLO 12-2020, adopt filed 12/30/2020, effective 01/01/2021
331-705-0025 Vacancies in Office If the chairperson or vice chairperson are unable to complete their term, the Board must elect another chairperson or vice chairperson. Statutory/Other Authority: ORS 688.820 & ORS 688.825 Statutes/Other Implemented: ORS 676.615, ORS 688.820 & ORS 688.825 History: HLO 12-2020, adopt filed 12/30/2020, effective 01/01/2021
331-705-0035 Duties of Officers (1) The chairperson or vice chairperson must preside at all Board meetings. The chairperson or vice chairperson must confer with the Office on matters that come up between Board meeting dates and matters that need to be placed on the agenda for Board meetings. The chairperson or vice chairperson may order or reorder the agenda. (2) In the absence of the chairperson or vice chairperson from a Board meeting or a portion of a Board meeting, the Board must vote to elect another Board member to run the Board meeting. (3) Decisions will be made by a vote of the Board and carried out with a motion and second and vote by majority. Statutory/Other Authority: ORS 676.615 & ORS 688.825 Statutes/Other Implemented: ORS 688.825 History: HLO 12-2020, adopt filed 12/30/2020, effective 01/01/2021
331-705-0050 Definitions The following definitions apply to OAR 331-705-0000 through 331-720-0020: (1) "Affidavit of Licensure" means an original document or other approved means of verifying an authorization to practice (certification, licensure or registration) status and history, including information disclosing all unresolved or outstanding penalties and/or disciplinary actions. Refer to OAR 331-030-0040. (2) “AASM” means the American Academy of Sleep Medicine. (3) “A-STEP” means the Accredited Sleep Technology Education Program. (4) “Board” means Respiratory Therapist and Polysomnographic Technologists Licensing Board. (5) “BRPT” means Board of Registered Polysomnographic Technologists. (6) “CAAHEP” means Commission on Accreditation of Allied Health Education Programs. (7) “CoARC” means Commission on Accreditation for Respiratory Care. (9) “NBRC” means the National Board for Respiratory Care. (8) “Office” means Health Licensing Office. (9) "Official transcript" means an original document authorized by the appropriate office in the Oregon Department of Education or certified by a college or university indicating applicant identity information, hours and types of course work, examinations and scores that the student has completed. Original documents must be submitted directly to the Office from the college or university by United States Postal Service mail or other recognized mail service providers in a sealed envelope; (10) “RPSGT” means Registered Polysomnographic Technologists. (11) “RRT” means Registered Respiratory Therapist. (14) “Qualified Medical Director for Polysomnography” has the definition set forth in ORS Chapter 688.800. (12) “Qualified Medical Director for Respiratory Care” has the definition set forth in ORS Chapter 688.800. Statutory/Other Authority: ORS 676.615, ORS 688.830, ORS 676.568 & ORS 688.800 Statutes/Other Implemented: ORS 688.830, ORS 676.568 & ORS 688.800 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLO 5-2017, amend filed 12/13/2017, effective 01/01/2018 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12 HLA 7-2010, f. & cert. ef. 11-1-10 HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 2-1998, f. & cert. ef. 6-15-98 HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98
331-705-0080 Licensure Exemption for Supervisors and Polysomnography Students (1) Students actively enrolled in the following education programs are exempt from polysomnographic technologist licensure pursuant to ORS 688.805(2)(b)(A): (a) Associate’s degree program in polysomnography, polysomnographic technology, or sleep technology from an accredited community college, college, or university; or (b) Polysomnography course of study from a CAAHEP accredited institution; (2) In accordance with ORS 688.805(2)(b)(B) to be exempt from licensure students in subsection (1) of this rule must be supervised by one of the following: (a) A licensed polysomnographic technician; (b) A qualified medical director for polysomnography; (c) Respiratory therapist who holds a Sleep Disorder Specialty credential through the NBRC; or (d) Respiratory therapist who holds a RSPGT credential through the BRPT. (3) Direct supervision, for the purpose of this rule, is supervision of a student in polysomnography by an approved supervisor who is physically present with the student while the student is working. The supervisor must exercise direction and control over the student’s work. An approved supervisor supervising a student may not supervise more than one student per shift. Statutory/Other Authority: ORS 676.606, 676.607, 676.611, 676.615 & 688.830 Statutes/Other Implemented: ORS 688.800 & 688.805 History: HLA 7-2013, f. 5-16-13, cert. ef. 6-1-13 HLA 5-2013(Temp), f. 3-12-13, cert. ef. 4-1-13 thru 9-28-13 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12
331-710-0000 Training Training, or formal education, required for licensure is a planned sequence of instruction of specific content, pursuant to ORS 688.815(1)(b) and (c), structured to meet curriculum objectives. Curriculum objectives include evaluation of fulfilling objectives that is offered by a post-secondary educational institution accredited by CoARC or its successors, or is recognized by the National Board for Respiratory Care. Statutory/Other Authority: ORS 676.568, ORS 676.615, ORS 688.815 & ORS 688.830 Statutes/Other Implemented: ORS 676.568, ORS 676.615, ORS 688.815 & ORS 688.830 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 2-1998, f. & cert. ef. 6-15-98 HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98
331-710-0005 Respiratory Therapist License (1) A respiratory therapist license holder, licensed under ORS 688.815, may perform respiratory care services and polysomnography services defined under ORS 688.800. (2) A respiratory therapist license is good for one year and becomes inactive on the last day of the month one year from the date of issuance. Statutory/Other Authority: ORS 676.605, 676.615, 688.815 & 688.830 Statutes/Other Implemented: ORS 676.605, 676.615, 688.815 & 688.830 History: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12
331-710-0010 Application Requirements for a Respiratory Therapist License An individual applying for licensure to practice respiratory care must: (1) Meet the requirements of OAR 331 Division 30. (2) Submit a completed application form prescribed by the Office that must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application and license fees; (3) Pass a fingerprint-based national criminal background check pursuant to OAR 331-030-0004; (4) Be at least 18 years old and provide official documentation confirming date of birth, such as a copy of the birth certificate, driver's license, passport or military/government identification; (5) Submit proof of having a high school diploma or equivalent; (6) Submit satisfactory evidence of having an active credential as an RRT through the NBRC. Proof of having an active RRT credential must be submitted directly to the Office by the NBRC; and (7) Submit proof of having passed the Respiratory Therapy Oregon Laws and Administrative rules examination within two years before the date of application. (8) An individual licensed prior to January 1, 2018, who obtained licensure with a Certified Respiratory Therapist (CRT) credential through the NBRC, is not required to obtain the RRT credential. NOTE: The applicant is responsible for payment of fees assessed by the organization when obtaining required official documentation. Statutory/Other Authority: ORS 676.568, ORS 676.615, ORS 688.815 & ORS 688.830 Statutes/Other Implemented: ORS 676.568, ORS 676.615, ORS 688.815 & ORS 688.830 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLO 5-2017, amend filed 12/13/2017, effective 01/01/2018 HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12 HLA 7-2010, f. & cert. ef. 11-1-10 HLO 1-2005, f. 2-28-05 cert. ef. 3-1-05 HLO 10-2004(Temp), f. & cert. ef. 11-8-04 thru 3-31-05 HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 2-1998, f. & cert. ef. 6-15-98 HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98
331-710-0015 Temporary Respiratory Therapist Licensure (1) A respiratory therapist temporary license authorizes a holder to practice respiratory care under supervision and pending passage of the qualifying examination. (2) For the purpose of this rule, supervision means the required presence of a licensed respiratory therapist or qualified Medical Director for respiratory care. Supervision must be provided at the work location at the same time as the respiratory therapist temporary license holder. (3) A respiratory therapist temporary license holder must notify the Office within 10 calendar days of changes in employment status or supervisor. (4) A respiratory therapy temporary license is valid for six months and may not be renewed. Statutory/Other Authority: ORS 676.568, ORS 676.615, ORS 688.815 & ORS 688.830 Statutes/Other Implemented: ORS 676.568 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12
331-710-0020 Application Requirements for a Temporary Respiratory Therapist License To qualify for a respiratory therapist temporary license the applicant must: (1) Meet the requirements of OAR 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 and license fees; (3) Pass a fingerprint-based national criminal background check pursuant to OAR 331-030-0004; (4) Be at least 18 years old, and provide official documentation confirming the applicant’s date of birth, such as a copy of the birth certificate, driver's license, or passport; (5) Submit official transcripts showing proof of having completed at least an associate’s degree in respiratory therapy, or a statement, signed by the registrar or a dean of a college or university and sent directly to the Office from that college or university, verifying the applicant has completed all work necessary to obtain a degree in respiratory care; and (6) Provide information identifying a supervisor pursuant to OAR 331-710-0015. Statutory/Other Authority: ORS 676.568, ORS 676.615, ORS 688.815 & ORS 688.830 Statutes/Other Implemented: ORS 676.568, ORS 676.615, ORS 688.815 & ORS 688.830 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLO 5-2017, amend filed 12/13/2017, effective 01/01/2018 HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12 HLA 7-2010, f. & cert. ef. 11-1-10 HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04 HDLP 2-1998, f. & cert. ef. 6-15-98 HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98
331-710-0023 Respiratory Therapist - Inactive and Expired Provisional Authorizations in the Event of a Declared State of Emergency (1) In the event of an emergency declared by the Governor of Oregon, the Office may allow respiratory therapists holding an inactive or expired authorization to practice in Oregon under special provisions during the period of the declared emergency, subject to such limitations and conditions as the Governor may prescribe. (2) To qualify, the respiratory therapist must: (a) Have had an active license with the Office as a respiratory therapist within the past five years; (b) Have been in good standing at the time the respiratory therapist’s license became inactive or expired; (c) Current photographic federal or state identification; and (d) Documentation demonstrating a request to provide services by an Office-recognized hospital, public health organization, Emergency Medical Service agency, county, state or federal entity as the result of the declaration of a disaster or emergency. (3) Provisional authorization, renewal of dormant authorization, activation of inactive authorization, and verification of authorization fees are required pursuant to ORS 676.576. Notwithstanding OAR 331-740-0000, the entire fee for the authorization is $50.00. (4) The authorization holder may not practice in Oregon under the emergency provisions beyond the termination date of the declared emergency as prescribed by the Governor. The license may be returned to its previous status or to an inactive status prior to the license expiration date if the licensee is no longer providing care in response to the declared emergency. ( 5 ) Any restrictions or requirements imposed against a licensee by the Respiratory Therapist and Polysomnographic Technologist Licensing Board, or its predecessor board, Order or Agreement remain in effect during the period of the declared emergency. Statutory/Other Authority: ORS 676.568(1)(o), ORS 676.568(2), ORS 676.576, ORS 688.830(1)(a) & ORS 676.615(1) and (2) Statutes/Other Implemented: ORS 676.568(1)(o), ORS 688.830(1)(a), ORS 676.615(1) and (2) & ORS 688.860(1)(b) History: HLO 9-2020, adopt filed 10/29/2020, effective 10/29/2020
331-710-0045 Polysomnographic Technologist License (1) A polysomnographic technologist, licensed under ORS 688.815, may perform polysomnography services defined under ORS 688.800. (2) A polysomnographic technologist license is good for one year and becomes inactive on the last day of the month one year from the date of issuance. Statutory/Other Authority: ORS 676.605, 676.615, 688.815 & 688.830 Statutes/Other Implemented: ORS 676.605, 676.615, 688.815 & 688.830 History: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12
331-710-0060 Polysomnographic Technologist Temporary-DS (Direct Supervision) Licensure (1) A polysomnographic technologist Temporary-DS license authorizes the holder to temporarily practice polysomnography under direct supervision by an approved supervisor. (2) Direct supervision is supervision of the Temporary-DS licensee by an approved supervisor who is immediately physically present with the Temporary-DS licensee while the Temporary-DS licensee is working, and who exercises direction and control over the Temporary-DS licensee’s work. (3) A polysomnographic technologist Temporary-DS license holder must notify the Office within 10 calendar days of changes in employment status and changes in supervisor. (4) A polysomnographic technologist Temporary-DS license is valid for six months and may not be renewed. Statutory/Other Authority: ORS 676.615, ORS 676.568, ORS 688.819, ORS 688.830 & ORS 676.607 Statutes/Other Implemented: ORS 676.615, ORS 676.568, ORS 688.819, ORS 688.830 & ORS 676.607 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLA 16-2013, f. 12-31-13, cert. ef. 1-1-14 HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12
331-710-0070 Application Requirements for Polysomnographic Technologist Temporary-DS License An applicant for a polysomnographic technologist Temporary-DS license must: (1) Meet the requirements of OAR Chapter 331 Division 30; (2) Submit a completed application form prescribed by the Office, containing the information listed in OAR 331-030-0000 and accompanied by payment of all required fees; (3) Pass a fingerprint-based national criminal background check pursuant to OAR 331-030-0004; (4) Be at least 18 years old, and must provide documentation confirming date of birth, such as a copy of the birth certificate, driver's license, or passport; (5) Submit proof of having a high school diploma or equivalent; (6) Submit a certificate of completion for the AASM A-STEP Self Study Modules; and (7) Submit information identifying the applicant’s approved supervisor pursuant to OAR 331-710-0100, on a form prescribed by the Office. Statutory/Other Authority: ORS 676.576, ORS 676.615, ORS 688.819 & ORS 688.830 Statutes/Other Implemented: ORS 676.576, ORS 676.615, ORS 688.819 & ORS 688.830 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLO 68-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 5-2017, amend filed 12/13/2017, effective 01/01/2018 HLA 16-2013, f. 12-31-13, cert. ef. 1-1-14 HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12
331-710-0080 Polysomnographic Technologist Temporary-IS (Indirect Supervision) Licensure (1) A polysomnographic technologist Temporary-IS license authorizes the holder to temporarily practice polysomnography under indirect supervision by an approved supervisor. (2) Indirect supervision is supervision of the Temporary-IS licensee by an approved supervisor who is physically present and onsite, but may not be immediately accessible at the sleep facility when the Temporary-IS licensee is working, who oversees the work of the Temporary-IS licensee, and who is available for questions and assistance when needed. (3) A polysomnographic technologist Temporary-IS license holder must notify the Office within 10 calendar days of changes in employment status and changes in supervisor. (4) A polysomnographic technologist Temporary-IS license obtained under OAR 331-710-0090(5)(a) is valid for one year and may be renewed once. (5) A polysomnographic technologist Temporary-IS license obtained under OAR 331-710-0090(5)(b) is valid for one year and may not be renewed. (6) A Temporary-IS licensee is prohibited from performing services on persons 12 and younger. (7) A polysomnographic technologist temporary-IS license is invalid after passage of all required written examinations listed under OAR 331-712-0010 for a full polysomnographic technologist license under OAR 331-710-0040. Statutory/Other Authority: ORS 676.615, ORS 688.819 & ORS 688.830 Statutes/Other Implemented: ORS 676.615, ORS 688.819 & ORS 688.830 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLO 5-2017, amend filed 12/13/2017, effective 01/01/2018 HLA 16-2013, f. 12-31-13, cert. ef. 1-1-14 HLA 4-2013, f. 3-12-13, cert. ef. 4-1-13 HLA 16-2012(Temp), f. & cert. ef. 11-19-12 thru 5-17-13 HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12
331-710-0090 Application Requirements for Polysomnographic Temporary-IS Licensure An applicant for a polysomnographic technologist Temporary-IS license must: (1) Meet the requirements of OAR Chapter 331 Division 30; (2) Submit a completed application form prescribed by the Office, containing the information listed in OAR 331-030-0000 and accompanied by payment of all required fees; (3) Be at least 18 years old, and provide official documentation confirming the applicant’s date of birth, such as a copy of the birth certificate, driver's license, or passport; and (4) Pass a fingerprint-based national criminal background check pursuant to OAR 331-030-0004. (5) An applicant must submit documentation of meeting qualifications in one of the following pathways: (a) Pathway One - temporary licensee-DS: (A) Submit documentation of successful completion of 30 sleep tests as a polysomnographic technologist Temporary-DS licensee, which includes the signatures of an approved supervisor and certification by a qualified medical director for polysomnography of successful completion of 30 sleep studies and satisfactory performance; (B) Complete and pass the Oregon Laws and Rules examination for polysomnography within two years before the date of registration application; and (C) Submit information identifying the applicant’s approved supervisor on a form prescribed by the Office. (b) Pathway Two - academic degree: (A) Submit a statement, signed by the registrar or a dean of a college or university and sent directly to the Office from that college or university, verifying the applicant has completed all work necessary to obtain an associate’s degree in polysomnography, polysomnographic technology, or sleep technology from an accredited community college, college or university, or successful completion of a polysomnography course of study from a CAAHEP-accredited institution; (B) Complete and pass the Oregon Laws and Rules examination for polysomnography within two years before the date of registration application; and (C) Submit information identifying the applicant’s approved supervisor on a form prescribed by the Office. Statutory/Other Authority: ORS 676.615, ORS 688.819, ORS 688.830 & ORS 676.576 Statutes/Other Implemented: ORS 676.615, ORS 688.819, ORS 688.830 & ORS 676.576 History: HLO 12-2020, amend filed 12/30/2020, effective 01/01/2021 HLO 69-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 5-2017, amend filed 12/13/2017, effective 01/01/2018 HLA 16-2013, f. 12-31-13, cert. ef. 1-1-14 HLA 4-2013, f. 3-12-13, cert. ef. 4-1-13 HLA 16-2012(Temp), f. & cert. ef. 11-19-12 thru 5-17-13 HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12