justicedao/ipfs_state_laws huggingface dataset:
331-960-0000 DEFINITIONS The following definitions apply to OAR 331-960-0000 to OAR 331-975-0005: (1) “Assistance with activities of daily living” means services related to bathing and personal hygiene, dressing and grooming, eating, mobility, bowel and bladder management, administering medication and cognition. (2) “Authorization holder” means a temporary staffing agency that has been issued an authorization to operate in Oregon. (3) “Client entity” means an in-home care agency as defined in 443.305; memory care endorsement facility as described in ORS 443.886; residential care facility as defined in ORS 443.400; or a skilled nursing facility as defined in ORS 442.015 that engages a temporary staffing agency to provide personnel to the client entity to provide health care services or assistance with activities of daily living to clients, patients, or residents for the client entity. (4) “Hospital client entity” means a hospital as defined in ORS 442.015 that engages a temporary staffing agency to provide personnel to the hospital client entity to provide health care services to patients for the hospital client entity. (5) “Office” means the Health Licensing Office. (6) “Personnel” means: (a) An individual registered nurse, licensed practical nurse, certified medical assistant, certified nursing assistant or direct caregiver assigned to a client entity by a temporary staffing agency who provides health care services or assistance with activities of daily living to clients, patients or residents for a client entity; or (b) An individual registered nurse or certified nursing assistant assigned to a hospital client entity by a temporary staffing agency who provides health care services to patients for the hospital client entity. (7) “Physical location” means any physical office location of a temporary staffing agency that provides personnel to an Oregon client or hospital entity. An office location is not a physical location when the work being performed at that office location does not involve providing personnel to an Oregon client or hospital entity. (8) “Professional authorization” means any licensure, registration, authorization, or any other requirement needed for personnel to practice or perform the health care services or assistance with activities of daily living to clients, patients, or residents on or behalf of client or hospital entities. (9) “Temporary staffing agency” means an entity that operates in Oregon for the purpose of providing temporary work to personnel providing health care services or assistance with activities of daily living for or on behalf of client or hospital entities. Statutory/Other Authority: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) Statutes/Other Implemented: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) History: HLO 5-2023, amend filed 09/08/2023, effective 09/25/2023 HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-960-0005 FEES (1) An applicant or authorization holder is subject to the provisions of OAR 331-010-0000, OAR 331-010-0010, and OAR 331-010-0020, regarding the payment of fees, penalties, and charges. (2) Fees are as stated as follows or the amount approved by the Legislative Assembly as part of the approval of the budget for the TSA program: (a) Application: $250 (b) Authorization: $2,000 (c) Renewal: $1,500 – valid for one licensure year (d) Fingerprints for each officer, director, persons with ownership, partnership, or similar interest in the temporary staffing agency: $50 (e) Authorization replacement: $25 (f) Late fee: $500 for each year of inactive status up to three years (g) Administrative fee: $25 Statutory/Other Authority: Senate Bill 1549 (2022) & ORS 676.560-676.625 Statutes/Other Implemented: Senate Bill 1549 (2022) & ORS 676.560-676.625 History: HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-960-0010 PUBLISHED LIST OF AUTHORIZED TSAS The Office will enter all temporary staffing agencies that hold authorizations and their status into its licensure database, which is available to the public. Statutory/Other Authority: Senate Bill 1549 (2022) & ORS 676.560-676.625 Statutes/Other Implemented: Senate Bill 1549 (2022) & ORS 676.560-676.625 History: HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-960-0015 EXEMPTIONS Entities that are not considered temporary staffing agencies for the purposes of licensing by the Office are: (1) A staff arrangement established by an entity solely for use by the entity, or by any entity associated with the entity, and in which the only costs are salaries paid to individuals who perform work. (2) An individual who provides the individual’s services on a temporary basis. (3) An employment agency as defined in ORS 658.005. (4) Home health agencies licensed under ORS 443.015. (5) In-home care agencies licensed under ORS 443.315. (6) Home care workers and personal support workers listed on the home care registry as defined in ORS 410.600. Statutory/Other Authority: Senate Bill 1549 (2022) & ORS 676.560-676.625 Statutes/Other Implemented: Senate Bill 1549 (2022) & ORS 676.560-676.625 History: HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-965-0000 TEMPORARY STAFFING AGENCIES (1) No temporary staffing agency may operate in Oregon without an authorization. (2) A temporary staffing agency must: (a) Obtain a separate authorization for each physical location. (b) Register with the Oregon Secretary of State, Corporation Division , to conduct business in Oregon. (c) Ensure all personnel for which the temporary staffing agency procures or provides temporary employment meet any professional authorization requirements established for the practice or performance of the services provided by the personnel. (d) Assign personnel to settings for which the personnel have the appropriate work experience and background to provide the services required by the setting. (e) Comply with all the requirements of Section 4 of HB 2665 (2023). (f) Retain records, as provided for in OAR 331-970-0010, for at least 10 years. (g) Make records available to the Office immediately upon request. Statutory/Other Authority: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) Statutes/Other Implemented: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) History: HLO 5-2023, amend filed 09/08/2023, effective 09/25/2023 HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-965-0005 AUTHORIZATION APPLICATION REQUIREMENTS (1) Initial authorizations are subject to the provisions of OAR Chapter 331, Division 30 regarding the issuance of a license, provisions regarding identification, and requirements for issuance of a duplicate authorization. (2) A temporary staffing agency applying for an authorization must: (a) Meet the requirements of OAR 331, Division 30. (b) Submit a completed application form as prescribed by the Office, that includes: (A) The names and addresses of the applicant’s officers and directors and any other person that has ownership, partnership, or a similar interest in the applicant. (B) Copies of the applicant’s organization documents, including articles of incorporation and other relevant filings. (C) Proof of registration with Oregon Secretary of State, Corporation Division. (D) Proof that all officers, directors, persons with ownership, partnership or similar interest in the temporary staffing agency pass a fingerprint-based nationwide criminal records check pursuant to OAR 331-030-0004. (3) Submit any additional information requested by the Office. (4) Pay all fees. (5) Applications not completed within 90 days of submission will be deemed incomplete and will be closed. Application fees are nonrefundable. Statutory/Other Authority: Senate Bill 1549 (2022) & ORS 676.560-676.625 Statutes/Other Implemented: Senate Bill 1549 (2022) & ORS 676.560-676.625 History: HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-965-0010 AUTHORIZATION ISSUANCE (1) Authorizations become not current on the last day of the month, one year from the date of issuance, and are inactive. (2) If a temporary staffing agency’s authorization is in inactive status, the temporary staffing agency cannot operate in Oregon. (3) An authorization that has been inactive for more than three years is expired and cannot be renewed. If a temporary staffing agency’s authorization is expired, the temporary staffing agency must apply for an initial authorization and meet the current requirements. (4) The authorization must be kept on file and made available upon request. Statutory/Other Authority: Senate Bill 1549 (2022) & ORS 676.560-676.625 Statutes/Other Implemented: Senate Bill 1549 (2022) & ORS 676.560-676.625 History: HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-965-0015 NOTIFICATION REQUIREMENTS (1) A temporary staffing agency with an authorization must notify the Office within 30 days of any change in: (a) The officers, directors, persons with ownership, partnership, or similar interest in the temporary staffing agency; or (b) The physical location of a temporary staffing agency. (2) Any changes made under (1)(a) of this section must be accompanied by a fingerprint-based nationwide criminal records check pursuant to OAR 331-030-0004 and the $50 fingerprint fee. Statutory/Other Authority: Senate Bill 1549 (2022) & ORS 676.560-676.625 Statutes/Other Implemented: Senate Bill 1549 (2022) & ORS 676.560-676.625 History: HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-965-0020 AUTHORIZATION RENEWAL (1) Authorization renewals are subject to the provisions of OAR Chapter 331, Division 30 regarding the renewal of a license. (2) To renew an authorization, an authorization holder must: (a) Submit a completed renewal application form as prescribed by the Office. (b) Submit any additional information or forms as requested by the Office. (c) Provide changes to names or addresses of the temporary staffing agencies officers, directors, persons with ownership, partnership, or similar interest in the authorization. (d) Provide changes in organizational structure and copies of any organizational documents relevant to that change. (e) Pay all fees. (3) Every two years after the issuance of an authorization, as a condition of authorization renewal, a temporary staffing agency must have all officers, directors, persons with ownership, partnership or similar interest in the authorization pass a fingerprint-based nationwide criminal records check pursuant to OAR 331-030-0004. (4) Background checks related to (3) of this section can be submitted up to 60 days prior to authorization becoming not current – inactive status. Statutory/Other Authority: Senate Bill 1549 (2022) & ORS 676.560-676.625 Statutes/Other Implemented: Senate Bill 1549 (2022) & ORS 676.560-676.625 History: HLO 4-2025, amend filed 12/29/2025, effective 01/01/2026 HLO 3-2023, minor correction filed 07/05/2023, effective 07/05/2023 HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-970-0000 PROFESSIONAL AUTHORIZATION REQUIREMENTS In addition to the requirements outlined in Section 4 of House Bill 2665 (2023), when a client or hospital entity is seeking personnel for a position that requires professional authorization, the authorization holder must verify: (1) The personnel have the required professional authorization needed to perform the services the personnel are assigned to perform. (2) The personnel’s required professional authorization is current and in good standing. (3) That if the authorization holder knows or had reason to know that a personnel’s professional authorization is no longer in good standing, the authorization holder will terminate the personnel and notify the client or hospital entity of the termination. Statutory/Other Authority: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) Statutes/Other Implemented: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) History: HLO 5-2023, amend filed 09/08/2023, effective 09/25/2023 HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-970-0005 WORK EXPERIENCE FOR PERSONNEL In addition to the requirements outlined in Section 4 of House Bill 2665 (2023), every authorization holder must ensure that any personnel placed with a client or hospital entity has the appropriate work experience, training, and background needed to provide the services required by the client or hospital entity. Statutory/Other Authority: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) Statutes/Other Implemented: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) History: HLO 5-2023, amend filed 09/08/2023, effective 09/25/2023 HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-970-0010 RECORDS Authorization holders must maintain the following records for at least 10 years, and make them available to the Office upon request: (1) Personnel applications for employment that include the name and address of the applicant, the date of application, a description of the types of employment the applicant is seeking, a description of past work experience in the types of employment being sought, and if necessary, proof of professional authorizations required to perform services. (2) Proof that the authorization holder verified any professional authorization needed for personnel to perform the services to be provided by the personnel. (3) All requests from client or hospital entities seeking to hire personnel that include the name and address of the client or hospital entity, the date of the request, a description of the type of personnel being sought, the type of professional authorization needed for the personnel to perform the services being sought and the address or location at which the work is being performed. (4) Copies of all contracts between personnel and the authorization holder. (5) Copies of all contracts between the authorization holder and the client or hospital entity. (6) A record of fees charged, collected, and refunded, and such accounting record as may be necessary to verify the record of fees charged, fees collected, and refunds made. (7) All records related to employee competency evaluations and testing. (8) All records related to employee performance. (9) All records related to the authorization holder’s policies related to personnel assignments. Statutory/Other Authority: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) Statutes/Other Implemented: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) History: HLO 5-2023, amend filed 09/08/2023, effective 09/25/2023 HLO 4-2023, minor correction filed 07/05/2023, effective 07/05/2023 HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-975-0000 DISCIPLINE (1) In the manner prescribed in ORS Chapter 183, for contested cases, the Office may deny, revoke, suspend, or otherwise discipline a person for a violation of Section 2, 4, or 5 of Senate Bill 1549 (2022), House Bill 2665 (2023), or any administrative rule adopted thereunder. (2) The Office may impose discipline as provided for in Section (1) of this rule when a person: (a) Violates any provisions of Section 2, 4, or 5 of Senate Bill 1549 (2022), House Bill 2665 (2023), or any administrative rule or order issued by the Office. (b) Provides false information or misrepresents any information on any application or form required by the Office. (c) Fails to ensure that personnel have the correct professional authorization or work experience needed pursuant to 331-970-0000 and 331-970-0005. (d) Fails to retain records as provided for in 331-970-0010. (e) Fails to disclose to the Office any information or records requested. (f) Fails to cooperate with an investigation by the Office or any other regulatory agency. (g) Charges a fee in violation of Section 5 (2) of Senate Bill 1549 (2022). (h) Has been disciplined by any other governmental agency or entity. (i) Has been convicted of, or pleaded guilty or no contest to, any felony or misdemeanor involving dishonesty or misrepresentation. (j) Fails to comply with any final order. Statutory/Other Authority: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) Statutes/Other Implemented: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) History: HLO 5-2023, amend filed 09/08/2023, effective 09/25/2023 HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
331-975-0005 CIVIL PENALTIES (1) In addition to any discipline imposed, the Office may impose a civil penalty of $500 per day per violation of any provision of Section 2, 4, or 5 of Senate Bill 1549 (2022), or Section 2, 9, 10 or 11 of House Bill 2665 (2023). (2) Each assignment of an individual personnel member is considered a separate violation. Statutory/Other Authority: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) Statutes/Other Implemented: Senate Bill 1549 (2022), ORS 676.560-676.625 & House Bill 2665 (2023) History: HLO 5-2023, amend filed 09/08/2023, effective 09/25/2023 HLO 2-2023, adopt filed 06/05/2023, effective 07/01/2023
332-010-0002 Election The chairperson of the Board must be elected annually. Elections must be held during the last regularly scheduled Board meeting of the year or if canceled the next regularly scheduled meeting. Terms of office run from January 1st to December 31st. Statutory/Other Authority: ORS 676.615 & 687.475 Statutes/Other Implemented: ORS 687.425, 687.475 & 687.493 History: DEM 1-2017, f. & cert. ef. 8-15-17
332-010-0004 Vacancies in Office If the chairperson is unable to complete the term the Board will elect another chairperson. Statutory/Other Authority: ORS 676.615 & 687.475 Statutes/Other Implemented: ORS 687.425, 687.475 & 687.493 History: DEM 1-2017, f. & cert. ef. 8-15-17
332-010-0006 Duties of Officers (1) The chairperson must preside at all meetings. The chairperson must confer with the Office on matters that come up between meeting dates, and matters that need to be placed on the agenda for Board meetings. The chairperson may order or reorder the agenda. (2) In the absence of the chairperson from a meeting or a portion of a meeting, the Board must vote to elect another Board member to run the 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 & 687.475 Statutes/Other Implemented: ORS 687.425, 687.475 & 687.493 History: DEM 1-2017, f. & cert. ef. 8-15-17
332-015-0000 Definitions The following definitions as used in OAR 332-015-0000 through 332-040-0000: (1) "Antepartum" and "prenatal" means the period of time from conception to the onset of labor. (2) "Board" means the State Board of Direct Entry Midwifery. (3) "Community birth" means birth in a home or birth center with a midwife. (4) "Intrapartum" means the period of time from the onset of labor through the birth of the placenta. (5) "LDM" means a licensed direct entry midwife. (6) "MANA" means the Midwives Alliance of North America. (7) "MEAC" means the Midwifery Education and Accreditation Council. (8) "NARM" means the North American Registry of Midwives. (9) "Newborn" means a child less than one month of age. (10) "Office" means the Health Licensing Office. (11) "Postpartum" means the period of time immediately after and up to eight weeks following a person giving birth. (12) “Traditional Midwife” has the meaning set forth in ORS 687.415. (13) “Transfer of care” or “transfer care” means the process whereby any LDM who has been providing midwifery care relinquishes responsibility to a physician or physician assistant licensed under ORS 677, a nurse practitioner who is licensed as a nurse midwife under ORS 678 or nurse practitioner licensed under ORS 678, a naturopath licensed under ORS 685, emergency services personnel under ORS 682, or a hospital. Statutory/Other Authority: ORS 676.615, ORS 687.405, ORS 687.415 & ORS 687.420 Statutes/Other Implemented: ORS 687.405, ORS 687.415 & ORS 687.420 History: DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 DEM 2-2014, f. 12-31-14, cert. ef. 1-1-15 DEM 5-2011, f. & cert. ef. 9-26-11 DEM 4-2010, f. 12-30-10, cert. ef. 1-1-11 DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04 DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02 DEM 2-1999, f. 12-17-99, cert. ef. 12-20-99 DEM 1-1999(Temp), f. 9-1-99, cert. ef. 9-9-99 thru 2-29-00 DEM 1-1998, f. 2-27-98, cert. ef. 3-1-98 DEM 1-1994, f. & cert. ef. 6-15-94 DEM 1-1993(Temp), f. & cert. ef. 12-22-93
332-015-0025 Direct Entry Midwifery License (1) A direct entry midwife licensed under ORS 687.420 may perform direct entry midwifery services defined under 687.405. (2) A direct entry midwife license is active for one year and becomes inactive on the last day of the month one year from the date of issuance. Statutory/Other Authority: ORS 676.615, ORS 676.572 & ORS 687.420 Statutes/Other Implemented: ORS 687.420 History: DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 DEM 2-2014, f. 12-31-14, cert. ef. 1-1-15
332-015-0040 Education Applicant’s education must incorporate the general educational requirements listed in the NARM CPM candidate information bulletin, including: (1) Core competencies developed by MANA; (2) NARM written test specifications; (3) NARM skills assessment test specifications; (4) NARM written examination primary reference list; and (5) NARM skills assessment reference list. Statutory/Other Authority: ORS 183, 687.420, 687.480 & 687.485 Statutes/Other Implemented: ORS 183, 687.420, 687.480 & 687.485 History: DEM 4-2010, f. 12-30-10, cert. ef. 1-1-11 DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04 DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02 DEM 2-1998, f. 4-14-98, cert. ef. 4-15-98 DEM 1-1998, f. 2-27-98, cert. ef. 3-1-98 DEM 1-1994, f. & cert. ef. 6-15-94
332-015-0050 NARM Midwifery Examination The qualifying examination is the NARM examination. An applicant is responsible for payment of all fees for NARM applications, examinations, and any other fees paid directly to NARM. Statutory/Other Authority: ORS 676.615, 687.480 & 687.485 Statutes/Other Implemented: ORS 676.615, 687.480 & 687.485 History: DEM 4-2010, f. 12-30-10, cert. ef. 1-1-11 DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04 DEM 1-1998, f. 2-27-98, cert. ef. 3-1-98 DEM 1-1994, f. & cert. ef. 6-15-94
332-015-0080 License Display and Posting Requirements (1) An LDM must show proof of valid license or post the license document in public view at the LDM’s primary workplace. (2) An LDM must carry the license identification card (pocket card) or post the official license in plain view anytime services are being provided. Statutory/Other Authority: ORS 676.615, ORS 676.572 & ORS 687.485 Statutes/Other Implemented: ORS 676.572 & ORS 687.485 History: DEM 3-2019, amend filed 12/19/2019, effective 01/01/2020 DEM 4-2010, f. 12-30-10, cert. ef. 1-1-11