justicedao/ipfs_state_laws huggingface dataset:
331-030-0004 Fingerprinting, State and Nationwide Criminal Background Checks, Fitness Determinations (1) The Office may conduct and require completion of a fingerprint and criminal background check to determine fitness of individuals applying for an authorization issued or renewed by the Office. These will be provided on prescribed forms provided by the Office. At the discretion of the Office, background checks may be conducted for any of the programs administered by the Office. (2) Fingerprints may be obtained at a law enforcement office or at a private service acceptable to the Office. The Office will forward fingerprints to the Department of Oregon State Police for checks against state and national data sources. Any original fingerprint cards subsequently will be destroyed by the department. NOTE: An applicant must pay the department any fees assessed for conducting the fingerprint service. An applicant must arrange for the report of the fingerprint check to be mailed directly to the Health Licensing Office, Regulatory Operations Division. (3) The Office will conduct a criminal background check of all applicants in accordance with ORS 181A.195, OAR 125-007-0200 through 127-007-0330. If an applicant has a criminal conviction, a fitness determination to hold an Office-issued authorization will be made in accordance with the requirements of ORS 181A.195 and ORS 670.280. (4) In order to conduct the Oregon and national criminal history check and fitness determination, the Office may require additional information from the authorization holder or applicant. Information requested may include but is not limited to, proof of identity; residential history; names used while living at each residence; or additional criminal, judicial or other background information. (5) If the Office determines an applicant or authorization holder is unfit, the individual is entitled to a contested case process pursuant to ORS 183. Challenges to the accuracy or completeness of information provided by the Oregon State Police, Federal Bureau of Investigation and agencies reporting information must be made through the Oregon State Police, Federal Bureau of Investigation, or reporting agency, and not through the contested case process pursuant to ORS 183. (6) If the applicant discontinues the application process or fails to cooperate with the criminal history background check the Office considers the application incomplete. Statutory/Other Authority: ORS 25.785, ORS 305.385, 42 USC § 405(C)(2)(C)(i), 42 USC § 666(a)(13), ORS 670.280, ORS 676.303, ORS 676.565, ORS 676.575, ORS 676.615, ORS 681.700-681.730 & ORS 181A.195 Statutes/Other Implemented: ORS 25.785, ORS 305.385, 42 USC § 405(C)(2)(C)(i), 42 USC § 666(a)(13), ORS 670.280, ORS 676.303, ORS 676.565, ORS 676.575, ORS 676.615, ORS 681.700-681.730 & ORS 181A.195 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09
331-030-0010 Issuing and Renewing Authorizations (1) Subject to ORS 676.612, authorizations issued by the Office will be issued to qualified applicants after conducting fitness determinations and upon compliance with all requirements established by rules adopted by the Office. (2) Each authorization must be signed by the authorization holder. (3) Except as provided in (4) or (5) of this section, an authorization issued by the Office becomes not current on the last day of the month, one year from the date of issuance. (4) A certificate issued under ORS 690.005 to 690.225 becomes not current on the last day of the month, two years from the date of issuance. (5) Temporary, trainee or demonstration authorization expirations are defined within the rules governing the fields of practice. (6) Authorization renewals, late renewals and the reactivation of authorizations are defined within the rules governing the fields of practice. (7) An individual with an expired authorization must submit a new application, pay fees established by the Office under ORS 676.592, and meet all current requirements. (8) The Office may send a renewal notice to the authorization holder to the address on file. State mail does not get forwarded. The authorization holder is responsible for submitting a timely application for renewal whether or not a renewal form was mailed by the Office or received by the authorization holder. (9) An application for renewal must be made in advance of the expiration date, and be submitted with the required fee(s) and documentation for renewal, as the individual program stipulates. Payment must be postmarked or received by the Office during regular business hours on or before the expiration date. An authorization may be renewed online on the Office’s website. (10) An application for renewal and payment received by the Office or postmarked after the expiration date may be assessed delinquent renewal fee(s) according to requirements defined within the rules governing the fields of practice’s rules for renewal. Statutory/Other Authority: ORS 676.565, ORS 676.615 & ORS 681.700-676.730 Statutes/Other Implemented: ORS 676.565, ORS 676.615 & ORS 681.700-676.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09 Reverted to HLO 1-2004, f. & cert. ef. 2-13-04 HLA 12-2008(Temp), f. 11-28-08, cert. ef. 12-1-08 thru 4-30-09 HLO 1-2004, f. & cert. ef. 2-13-04
331-030-0020 Authorizations and Duplicates (1) An individual must not display a sign or in any way advertise or purport to be an authorization holder or to be engaged in practice, or use a professional title, without first obtaining an authorization in the manner required according to statute and rules of a program administered by the Office. (2) The Office must issue only one original authorization. (3) The possession or posting of more than one of the same current authorization (original, replacement or duplicate) is prohibited. (4) A photocopied authorization may not be displayed in public view. (5) Authorizations may not be altered; displayed authorizations may have the address covered by a removable sticker. (6) All authorization holders must have access to photographic identification as listed in OAR 331-030-0000 when open for business. Authorization holders must provide Office representatives with the appropriate identification immediately upon request. (7) If a person is issued an authorization that contains an error, the individual must surrender the incorrect authorization to the Office before a corrected authorization is issued. (8) A facility authorization must be posted at all times in public view at the facility address on file with the office. (9) The Office may issue a replacement authorization document, if: (a) A written request for a replacement is submitted to the Office that contains the authorization holder's name, authorization number, address, telephone number, employment information, and a statement attesting that the original authorization has been lost, stolen, destroyed or the applicant has submitted documentation supporting a name change; and (b) The authorization is active; and (c) Payment of the replacement fee accompanies the request; and (d) The authorization holder is not subject to any outstanding civil penalties or other disciplinary action. Statutory/Other Authority: ORS 675.410, ORS 676.565, ORS 676.615, ORS 690.015 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 675.410, ORS 676.565, ORS 676.615, ORS 690.015 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04
331-030-0025 Emergency Response (1) In the event of a disaster or emergency declared by the Governor of Oregon, the Office may allow authorization holders who are licensed in another state, performing services in a field of professional practice regulated by the Office to practice in Oregon under special provisions during the period of the declared disaster or emergency, subject to such limitations and conditions as the Governor may prescribe. (2) Out-of-state authorization holders must submit to the Office: (a) Verification of a permanent, active and unrestricted authorization to practice in another state with no pending investigation or disciplinary action by a state board, or another state or federal agency; and (b) Current photographic federal or state identification. (c) Documentation demonstrating a request to provide services by an Office-recognized public health organization, Emergency Medical Service agency, county, state or federal entity as the result of the declaration of a disaster or emergency. (3) The authorization holder may not practice in Oregon under the special disaster or emergency provisions beyond the termination date of the declared disaster or emergency as prescribed by the Governor. Statutory/Other Authority: ORS 676.656, ORS 676.568 & ORS 681.700-676.730 Statutes/Other Implemented: ORS 676.656, ORS 676.568 & ORS 681.700-676.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09
331-030-0040 Affidavit of Licensure For the purpose of this rule, regulatory authority means an Oregon health professional regulatory board as defined in ORS 676.160, a regulatory authority in Oregon or another state or a regulatory authority in another country or territory. (1) An authorization holder may request the Office to send an affidavit of licensure to another regulatory authority or individual. The following must be submitted to the Office: (a) An application on a form prescribed by the Office; (b) Two forms of identification listed in OAR 331-030-0000 (8); at least one must be photographic; (c) Photocopies of identification listed in subsection (b) of this section must be submitted with the application if request is made through the mail; the photocopy must be legible; and (d) The Office may require that an applicant present additional proof of identity pursuant to OAR 331-030-0000 (9). (2) Unless otherwise notified by the Office, an applicant applying for an authorization from a program under the Office’s authority must arrange for the regulatory authority from which an affidavit of licensure is needed to forward directly to the Office a current and original “Affidavit of Licensure” signed by an authorized representative of the regulatory authority and affixed with an official seal or stamp to the affidavit of licensure. The applicant is responsible for payment of any fee the regulatory authority may assess for producing the affidavit of licensure. (3) The Office may verify an applicant’s authorization to practice and determine an applicant’s qualifications and fitness to practice in a program administered by the Office by the following: (a) An affidavit of licensure may be obtained by accessing the regulatory authority’s website by using an online verification system. The Office may assess an applicant a fee for obtaining affidavit of licensure. (b) An affidavit of licensure may be electronically transmitted to the Office from the regulatory authority. The applicant is responsible for payment of any fee the originating regulatory authority may assess for producing the affidavit of licensure. (4) An affidavit of licensure document hand delivered or mailed by the applicant and not mailed directly or transmitted through an approved means to the Office from the regulatory authority will invalidate qualification for authorization to practice, scheduling, and examination. NOTE : The Affidavit of Licensure may be referred to as a “Verification of Licensure,” “License Verification,” “Certification of Licensure,” or “License Certification” by other regulatory authorities. All terms have the same purpose in disclosing an applicant’s licensing status and history. Statutory/Other Authority: ORS 676.565, ORS 676.160, ORS 676.615 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 676.565, ORS 676.160, ORS 676.615 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 6-2010, f. 10-14-10, cert. ef. 10-15-10 HLA 5-2010(Temp), f. 7-23-10, cert. ef 7-26-10 thru 1-15-11 HLA 1-2009, f. & cert. ef. 6-1-09
331-105-0011 Definitions The following definitions apply to divisions 105 through 180. (1) “Board of Certification, Inc.” (BOC) means the national organization that is accredited by the National Commission for Certifying Agencies that provides a certification program for the entry-level athletic trainer. (2) “Office” means the Health Licensing Office. (3) “The practice of athletic training” is defined in ORS 688.701. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, adopt filed 12/11/2019, effective 01/01/2020
331-130-0006 Athletic Trainer License (1) Individuals must be licensed to practice athletic training, use the title “Licensed Athletic Trainer,” and the abbreviation “LAT,” in Oregon unless they qualify for an exemption pursuant to ORS 688.718. (2) A licensee is subject to the provisions of OAR Chapter 331, Division 30 regarding the issuance and renewal of a license, and to provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license. (3) An athletic trainer license is good for one year and is eligible for renewal. The license becomes inactive on the last day of the month one year from the date of issuance. (4) An athletic trainer licensee must adhere to all standards of practice and professional conduct listed in Division 160. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, adopt filed 12/11/2019, effective 01/01/2020
331-130-0007 Application Requirements An individual applying for an athletic trainer license 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, (3) Submit: (a) Official documentation of having passed the Board-approved BOC examination; and (b) Proof of being at least 18 years old; and (c) Evidence of current certification in cardiopulmonary resuscitation (CPR) including: (A) Adult, child and infant CPR; (B) Adult, child and infant automated external defibrillator (AED); (C) Two person CPR; (D) Barrier devices (e.g., pocket mask, bag valve mask). (4) Pay fees. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, adopt filed 12/11/2019, effective 01/01/2020
331-130-0013 Athletic Trainer License Renewal (1) To avoid late-renewal fees, license renewal must be made prior to the license entering inactive status. The licensee must: (a) Submit a completed renewal application form; (b) Pay renewal-of-license fee pursuant to 331-140-0000; (c) Attest to having obtained required continuing education; and (d) Attest to having current certification in CPR pursuant to OAR 331-130-0007. (2) A license may be inactive for up to three years. When renewing after entering inactive status, the licensee must: (a) Submit a completed renewal application form; (b) Pay license renewal fee and late renewal of license fee pursuant to 331-140-0000; (c) Attest to having obtained required continuing education; and (d) Attest to having current certification in cardiopulmonary resuscitation pursuant to OAR 331-130-0007. (3) A license that has been inactive for more than three years is expired; the individual must reapply and meet the current licensing requirements. (4) A licensee failing to meet required annual continuing education must reapply and meet current licensing requirements. (5) A licensee may not practice with an inactive or expired license. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, adopt filed 12/11/2019, effective 01/01/2020
331-130-0015 License Display and Posting Requirements (1) Licensees must show proof of valid license upon request. (2) Licensees must post the license in public view at the licensed athletic trainer's primary workplace in public view. (3) If a licensee carries the license pocket card, it may be laminated. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, amend filed 12/11/2019, effective 01/01/2020 HLO 8-2018, minor correction filed 02/01/2018, effective 02/01/2018 HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12
331-140-0000 Fees (1) Applicants and licensees are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties and charges. (2) Fees established by Office are: (a) Application: (A) License: $100. (B) License by reciprocity: $150. (b) Examination — Oregon laws and rules: $50. (c) Original issuance of license (including by reciprocity): $125 for one year. (d) Permits and waivers: $150. (e) Renewal of license: $125 for one year. (f) Delinquent (late) renewal of license: $40 per year, up to three years. (g) Reinstatement: $150. (h) Replacement of license, including name change: $25. (i) Duplicate license: $25 per copy with maximum of three. (j) Affidavit of licensure: $50. (k) An additional $25 administrative processing fee will be assessed if a NSF or non-negotiable instrument is received for payment of fees, penalties and charges. Refer to OAR 331-010-0010. (3) Individuals who renew online on or after April 1, 2022, will receive a $60 discount. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 3-2022, amend filed 03/28/2022, effective 04/01/2022 HLO 16-2019, adopt filed 12/11/2019, effective 01/01/2020
331-150-0000 Continuing Education (1) To ensure continuing efforts on the part of licensed athletic trainers to remain current with new developments in athletic training and to encourage diversified training and qualifications in the profession, continuing education is required as a condition of licensure. (2) Continuing education experiences are programs beyond the basic education required to obtain licensure and that are designed to promote and enrich knowledge, improve skills, and develop attitudes for the enhancement of the practices of licensed athletic trainers, thus improving athletic training care to the public. (3) Continuing education requirements apply whether the applicant renewing license is living or working within Oregon or outside of the state, so long as Oregon license is maintained. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, amend filed 12/11/2019, effective 01/01/2020 HLO 9-2018, minor correction filed 02/01/2018, effective 02/01/2018 HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12
331-150-0005 Continuing Education Requirements (1) To maintain licensure, licensed athletic trainers must complete a minimum of 10 hours of continuing education every licensure year. A licensure year is 365 days in duration, or 366 days in a leap year, and begins on the first date that the license is current. Credit hours obtained in excess of those required for the one-year reporting period may not be carried forward. A license holder’s continuing education requirements remain in effect during the time the license is inactive. (2) Each licensee must document compliance with the continuing education requirement through attestation on the renewal application. Licensees are subject to provisions of OAR 331-150-0010 pertaining to periodic audit of continuing education. (3) Approved continuing education must be obtained by participation in or attendance at a course provided by an accredited college or university or a course or program approved by the BOC. (4) Continuing education must address subject matter related to athletic training in accordance with ORS 688.701 through 688.734. (5) CE credit will be awarded based on the following criteria: (a) Completion and passing of academic courses related to athletic training taken from an accredited college or university are awarded 15 hours for each semester-based credit earned, 14 hours for each trimester-based credit earned or 10 hours for each quarter-based credit earned; and (b) Courses that do not meet standards as set forth in paragraph (a) of this subsection, such as workshops, symposiums, seminars, laboratory exercises, professional courses, or any applied experience with or without formal classroom work must be pre-approved by the agency or by BOC and may be assigned credit at the rate of one hour for each hour of attendance. (5) Licensees must complete two hours of continuing education specifically on concussion and traumatic brain injury once every three years. (6) Documentation supporting compliance with continuing education requirements must be maintained for a period of three years following renewal and must be available to the Office upon request. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, amend filed 12/11/2019, effective 01/01/2020 HLO 10-2018, minor correction filed 02/01/2018, effective 02/01/2018 HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12
331-150-0010 Continuing Education: Audit, Required Documentation and Sanctions (1) The Office will audit a percentage of licensees to verify compliance with continuing education requirements. (2) Licensees selected for audit of continuing education attestation shall submit to the Office, within 30 calendar days from the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-150-0005. (3) If selected for audit, satisfactory evidence includes: (a) For courses provided by an accredited college or university — A course syllabus and an official transcript from the accredited college or university; (b) For BOC approved programs or courses — A certificate of completion that includes the BOC approval number. (4) Failure to meet continuing education requirements shall constitute grounds for disciplinary action, which may include, but is not limited to, assessment of a civil penalty and suspension or revocation of license. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, amend filed 12/11/2019, effective 01/01/2020 HLO 11-2018, minor correction filed 02/01/2018, effective 02/01/2018 HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12
331-160-0010 Standards of Practice (1) The Board of Athletic Trainers adopts Code 1 of the BOC Standards of Professional Practice, Version 3.2, published in October 2018 and implemented in January 2019. (2) Licensees must abide by ORS 676.612. (3) Collaborate with a physician in the treatment of an athletic injury as provided in OAR 331-160-0015. (4) Document all services. (5) Records must be maintained for at least seven years after discharge. All records are subject to review by the Office. (6) Abide by all federal, state, and local regulations. Statutory/Other Authority: ORS 688.701-688.734 & 2019 Senate Bill 742 Statutes/Other Implemented: ORS 688.701-688.734 & 2019 Senate Bill 742 History: HLO 16-2019, amend filed 12/11/2019, effective 01/01/2020 HLO 13-2018, minor correction filed 02/01/2018, effective 02/01/2018 HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12