justicedao/ipfs_state_laws huggingface dataset:
333-270-0080 Access to Registry Information by Researchers (1) The Authority may approve the release of Registry information to qualified researchers for appropriate research projects if an institutional review board has approved the research in accordance with 45 CFR Part 46. (2) A request to the Authority for release of information shall be made on a standard POLST Data Request Form or by such other manner approved by the Authority. (3) If a researcher is permitted access to information in the Registry, the researcher shall agree, in writing, to maintain the confidentiality of the information received from the Registry, provided that this shall not limit aggregation, de-identification and other use and disclosure of such information for appropriate research purposes. (4) Any Registry information released to a researcher under this rule may be de-identified by the Registry before release if deemed by the Authority as appropriate and reasonable under the circumstances. Statutory/Other Authority: ORS 127.666 Statutes/Other Implemented: ORS 127.663-127.684 History: PH 11-2017, amend filed 10/13/2017, effective 10/13/2017 PH 12-2009, f. & cert. ef. 12-3-09
333-275-0001 Purpose The purpose of OAR 333-275-0001 through 333-275-1010 is to establish standards for the training, testing, certification, and scope of practice of hemodialysis technicians. These rules are adopted pursuant to ORS 688.625 through 688.665. Statutory/Other Authority: ORS 688.635, 688.640, 688.650 & 688.665 Statutes/Other Implemented: ORS 688.625 - 688.665 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0020 Hemodialysis Technician Certification Required (1) An individual must have a current, valid Oregon CHDT certificate and be listed on the CHDT registry prior to providing hemodialysis services. (2) A person must meet the following minimum qualifications to be eligible for a certificate: (a) Earned at least a high school diploma or equivalent, as indicated by proof of the following: (A) Completion of high school or an equivalent educational level; (B) Passage of an approved high school equivalency test, including but not limited to the General Education Development (GED) test; or (C) Graduation from a post-secondary institution; and (b) Current national certification or successful completion of a national certification exam. (3) If applying for a provisional certificate, an applicant is not required to have successfully completed a national certification exam but instead must have successfully completed training and skills competency requirements in OAR 333-275-0110. (4) Licensed health providers are not required to obtain a CHDT certificate if provision of hemodialysis services falls within their licensed scope of practice. (5) National credentialling organizations that certify hemodialysis technicians and offer national certification exams approved by the Authority may be found at www.healthoregon.org/hflc and include, but are not limited to: (a) The Board of Nephrology Examiners for Nursing and Technology (BONENT); and (b) The Nephrology Nursing Certification Commission (NNCC) . Statutory/Other Authority: ORS 688.640, 688.650 & 688.665 Statutes/Other Implemented: ORS 688.630, 688.640, 688.650 & 688.665 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0030 Application for Hemodialysis Technician Certificate (1) An applicant for a hemodialysis certificate must: (a) Provide documentation that the applicant meets the qualifications specified in OAR 333-275-0020. Sufficient documentation includes a diploma or other document, or by facts, circumstances, or other indicators deemed sufficient by the Authority; (b) Submit a complete application prescribed by the Authority; (c) Submit the applicable fee specified in OAR 333-275-0180; (d) Consent to a criminal records check in accordance with ORS 181A.195, ORS 181A.200 and OAR chapter 125, division 7; and (e) If the applicant is licensed or certified in a health-related occupation by a health professional regulatory board defined in ORS 676.160, provide proof of licensure and disclosure of any actions or sanctions taken or currently pending against the licensee. (2) The Authority may use the information obtained through criminal history records, or a public query to a health professional regulatory board, to determine suitability for certification. (3) The Authority shall deny any applicant who fails to provide written consent for a criminal records check or fails to complete requirements necessary for fingerprinting, where required. (4) They Authority may deny any applicant who submits fraudulent or misrepresented information. (5) The Authority may deem an application incomplete if it does not include the information required by the Authority or is not accompanied by the appropriate fee. (6) The Authority may reject an application that is incomplete. (7) The applicant is responsible for the cost of a fingerprint-based criminal records check if a fingerprint-based criminal records check is determined necessary by the Authority. The cost charged to the applicant shall not exceed the cost charged to the Authority. Statutory/Other Authority: ORS 688.640 & 688.665 Statutes/Other Implemented: ORS 688.640 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0040 Application Review and Approval (1) The Authority shall conduct a criminal records check of an applicant in accordance with OAR chapter 125, division 7. (2) Using the information obtained through the criminal records check and in accordance with OAR chapter 127, division 7, the Authority shall determine whether the applicant is fit to perform the functions of a hemodialysis technician. (3) If the applicant meets the requirements in ORS 688.625 through 688.665 and these rules, the Authority will issue the certificate. (4) If the applicant does not meet the standards for a certificate, or the fitness determination results in a denial, the Authority may deny the application on the basis of information provided in the application or conduct an investigation in accordance with OAR 333-275-0120. (5) Following an investigation, the Authority may: (a) Deny the application; (b) Grant the application but place practice restrictions on the CHDT; or (c) Grant the application. (6) Nothing in this rule precludes the Authority from taking an action authorized in ORS 688.655 and 688.660. Statutory/Other Authority: ORS 688.650 & 688.665 Statutes/Other Implemented: 688.665, ORS 181A.195, 181A.200, 670.280 & 688.655 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0045 Denial of Certified Hemodialysis Technician Application If the Authority intends to deny an application, it shall issue a Notice of Proposed Denial of License Application in accordance with ORS 183.411 through 183.470. Final actions taken by the Authority in denying an application or placing restrictions on a CHDT's practice shall be done in accordance with ORS chapter 183. Statutory/Other Authority: ORS 688.665 Statutes/Other Implemented: ORS 688.655, 688.660 & 688.665 History: PH 13-2023, adopt filed 03/13/2023, effective 07/01/2023
333-275-0050 Hemodialysis Technician Certification Expiration Each certification issued, unless sooner suspended or revoked, shall expire on June 30 of odd numbered years. Statutory/Other Authority: ORS 688.650 & 688.665 Statutes/Other Implemented: ORS 688.650 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0080 Hemodialysis Technician Provisional Certificate (1) A provisional certificate may be issued to a person who has successfully completed a hemodialysis technician education and training program offered by an educational institution or an education and training program that meets the requirements specified in OAR 333-275-0110, and who is waiting to take a national certification exam. (2) An applicant for a hemodialysis technician provisional certificate must provide documentation that the applicant meets the qualifications specified in OAR 333-275-0020 and submit a complete application in accordance with OAR 333-275-0030. (3) The Authority will review and approve an application for a provisional certificate in accordance with OAR 333-275-0040. (4) A provisional certificate is valid for six months and may be renewed one time. (5) A CHDT with a provisional certificate must: (a) Apply for renewal of the certificate in accordance with OAR 333-275-0085; or (b) Apply for full certification in accordance with OAR 333-275-0030, if eligible. (6) A CHDT who holds a provisional certificate has a maximum of 12 months from the date the original certificate was issued to pass a national certification exam specified in OAR 333-275-0020. (a) A CHDT must report to the Authority if they have failed a national certification exam within the time period specified. (b) The Authority shall revoke a provisional certificate pursuant to ORS 688.650 and ORS chapter 183 when a CHDT fails to pass a national certification exam within the time period specified in this rule. (c) A CHDT whose provisional certificate has been revoked for failure to pass a national certification exam: (A) May work as a trainee hemodialysis technician in accordance with OAR 333-275-0100 until the next scheduled examination; and (B) Must complete an abbreviated hemodialysis technician training program. (7) As used in this rule, "educational institution" means a community college, college or university, or a licensed vocational school that is authorized or licensed by the Higher Education Coordinating Commission. Statutory/Other Authority: ORS 688.640, 688.650 & 688.665 Statutes/Other Implemented: ORS 688.640 & 688.650 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0085 Hemodialysis Technician Provisional Certificate Renewal (1) An applicant to renew a provisional certificate must submit a complete provisional certificate renewal application and fee specified in OAR 333-275-0180 at least three calendar weeks prior to the expiration date of the original provisional certificate. (2) A CHDT provisional certificate shall automatically lapse if the CHDT fails to timely comply with section (1) of this rule and an individual who fails to renew by this deadline is considered delinquent. (3) The Authority may reinstate a provisional certificate that is expired for 90 calendar days or less upon submission of a complete provisional certificate renewal application and payment of the past unpaid renewal fee and delinquent fee. (4) An applicant who submits a complete provisional certificate renewal application after 90 calendars from the date of expiration is not eligible for renewal. Statutory/Other Authority: ORS 688.650 & 688.665 Statutes/Other Implemented: ORS 688.655 & 688.665 History: PH 13-2023, adopt filed 03/13/2023, effective 07/01/2023
333-275-0087 Temporary Authorization to Practice for a Military Spouse (1) As used in this rule, "military spouse" is the spouse of a member of the Armed Forces of the United States who is stationed in Oregon. (2) Pursuant to ORS 670.400, a temporary certificate to practice as a hemodialysis technician may be issued to a military spouse who: (a) Consents to a criminal record's check in accordance with OAR 333-275-0030(1); (b) Provides proof of current licensure or certification as a hemodialysis technician in another state and be in good standing with that state's licensing or certifying body; or (c) Provides proof of current national certification. (3) A temporary certificate issued under this rule is valid until the earliest of the following: (a) Two years after the date of issuance; (b) The date the term of service of the military service member ends in Oregon; (c) The date the license or certification from the authorizing state expires; or (d) The date the Authority revokes or suspends the temporary certificate, or the certificate is surrendered. (4) A temporary certificate issued under this rule may not be renewed. A person may not continue to provide services as a CHDT unless the person is issued a full certification in accordance with OAR 333-275-0030. Statutory/Other Authority: ORS 670.400, 688.640 & 688.650 Statutes/Other Implemented: ORS 670.400, 688.640 & 688.650 History: PH 13-2023, adopt filed 03/13/2023, effective 07/01/2023
333-275-0090 Scope of Practice of Hemodialysis Technician (1) A CHDT who holds a full or provisional certificate by the Authority may, under the direct supervision of a physician, nurse practitioner, or a registered nurse : (a) Perform venipunctures for dialysis access; (b) Collect and communicate patient data, such as pre-weight, complaints, and vital signs, to the registered nurse; (c) Obtain lidocaine from a stock source and inject intradermal lidocaine in preparation for dialysis access; (d) Obtain heparin from a stock source and administer a heparin bolus; (e) Administer a bolus of normal saline; (f) Connect a dialysis access to normal saline or heparinized normal saline; (g) Initiate or discontinue dialysis treatment via central lines; and (h) Administer oxygen on the basis of standing orders, dialysis facility or center protocol, or at the direction of a physician, nurse practitioner, or registered nurse. (2) A CHDT who has been certified by the Authority is prohibited from: (a) Administering medications by oral, intramuscular, intravenous, or subcutaneous routes except as specified in section (1) of this rule; (b) Performing arterial punctures outside of dialysis access; (c) Determining the frequency or duration of dialysis treatments; (d) Administering blood or blood products; (e) Accepting verbal or telephone orders from a physician or a physician's representative or altering any treatment prescribed by a physician; or (f) Performing hemodialysis on a hospitalized intensive care unit patient. (3) A dialysis facility or center may elect to further limit the scope of practice of a CHDT working in the dialysis facility or center. If a dialysis facility or center limits the scope of practice of a CHDT, then the CHDT shall comply with that dialysis facility or center's limited scope. Statutory/Other Authority: ORS 688.635 & 688.665 Statutes/Other Implemented: ORS 688.635 & 688.665 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0100 Trainee Hemodialysis Technician (1) A trainee hemodialysis technician may perform the duties of a CHDT only when it is an integral part of the training program, and the trainee hemodialysis technician is working under the direct supervision of a nurse educator or hemodialysis technician educator meeting the requirements in OAR 333-275-0110. (2) The duties of a trainee hemodialysis technician are limited by the scope of practice of a CHDT as defined under OAR 333-275-0090 and the job description of a hemodialysis technician of the dialysis facility or center in which the clinical training occurs. The job description and duties of a trainee hemodialysis must not exceed the scope of practice of a CHDT. (3) A trainee hemodialysis technician must be selected without discrimination as to age, race, ethnicity, color, religion, gender identification, sexual preference, national origin, or marital status. (4) A person working as a trainee hemodialysis technician because the person failed to pass the certification exam as provided in OAR 333-275-0080 is subject to all of the requirements of a trainee and must be directly supervised by a nurse educator or hemodialysis technician educator. (5) "Directly supervised" means supervision of dialysis treatment in the same room in which treatment is being performed and immediately available to furnish assistance and direction. Statutory/Other Authority: ORS 688.635, 688.640 & 688.665 Statutes/Other Implemented: ORS 688.640 & 688.665 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0120 Investigation (1) The Authority may conduct an investigation of an applicant or a CHDT if: (a) The Authority receives a report in accordance with ORS 688.655 or a complaint concerning an applicant or an CHDT; (b) The Authority suspects that the applicant or CHDT has failed to meet the requirements necessary for certificate renewal; (c) Personal or criminal history questions arise during a review of an application that raises questions about the applicant or a CHDTs ability to safely perform the duties of a hemodialysis technician; (d) A reportable action is received pursuant to OAR 333-275-0140; (e) The Authority receives any information that appears to show that an applicant or CHDT is or may be: (A) Medically incompetent; (B) Guilty of unprofessional or dishonorable conduct in accordance with OAR 333-275-0130; (C) Mentally or physically unable to safely function as a CHDT; or (D) In violation of ORS chapter 688.625 through 688.665 or these rules. (2) During an investigation the Authority may: (a) Request additional information from the applicant or CHDT; or (b) Conduct an interview by electronic and telecommunication technologies such as video communication, teleconference, landline and wireless communications or in-person. (3) If during its investigation the Authority finds evidence that indicates that the continued practice of the CHDT constitutes an immediate danger to the public, the Authority may temporarily suspend the CHDT's certificate in accordance with ORS chapter 183. Statutory/Other Authority: ORS 688.665 Statutes/Other Implemented: ORS 670.280 & 688.655 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0140 Reporting Obligations (1) Any dialysis facility or center, any hemodialysis technician certified under ORS 688.625 through ORS 688.665, any physician, nurse practitioner, or any registered nurse shall, using a written or electronic form prescribed by the Authority, report to the Authority within 10 calendar days of receiving or becoming knowledgeable of any information that appears to show that a CHDT is or may be: (a) Medically incompetent; (b) Guilty of unprofessional or dishonorable conduct; or (c) Mentally or physically unable to safely function as a CHDT. (2) A CHDT shall report to the Authority the following: (a) Any arrest, charge or conviction; (b) A disciplinary restriction placed on the scope of practice of the CHDT by a dialysis facility or center; (c) Any action or sanction taken by a health professional regulatory board against the CHDT if the CDHT is licensed or certified in a health-related occupation; (d) A legal action being filed against the CHDT alleging misconduct or malpractice; or (e) A change in physical or mental health which may affect the CHDT's ability to perform the duties of a hemodialysis technician. (3) After receiving a report described in this rule, the Authority may conduct an investigation in accordance with OAR 333-275-0120. (4) A CHDT's failure to comply with the reporting requirements specified in section (1) or (2) of this rule may result in disciplinary action against the CHDT. (5) In accordance with ORS 688.655, a person who reports or provides information to the Authority under this section and who provides information in good faith shall not be subject to an action for civil damage as a result thereof. Statutory/Other Authority: ORS 688.665 Statutes/Other Implemented: ORS 688.655 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0150 Grounds for Denying, Suspending or Revoking Certificate In the manner prescribed in ORS chapter 183 for a contested case hearing, the Authority may deny, suspend, or revoke the certificate of any CHDT for the following causes: (1) Failure to consent to a criminal records check; (2) The use of fraud or deception in receiving a certificate; (3) Use of any alcohol or drugs to an extent or in a manner sufficient to impair the ability of the certificate holder to conduct safely the duties of a CHDT or that could pose a risk to the public; (4) The presence of a mental health condition that demonstrably affects a CHDT's performance, as certified by two psychiatrists retained by the Authority; (5) Conviction of a criminal offense deemed by the Authority to be related to the fitness of the CHDT to practice hemodialysis; (6) Suspension or revocation of a hemodialysis technician certificate or license issued by another state; (7) Gross negligence or repeated negligence in rendering hemodialysis care; or (8) Engaged in unprofessional or dishonorable conduct as outlined in OAR 333-275-0130. Statutory/Other Authority: ORS 688.665 Statutes/Other Implemented: ORS 688.655 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0160 Disciplinary Action and Civil Penalty (1) Upon completion of an investigation, the Authority may take one or more of the following actions: (a) Close the investigation and take no action; (b) Issue a letter of reprimand; (c) Place the CHDT on probation; (d) Suspend the CHDT’s certificate; (e) Revoke or deny the CHDT’s certificate; (f) Place limitations on the ability of the CHDT to practice hemodialysis in Oregon; (g) Assess the cost of disciplinary proceedings, not to exceed $1,000, as a civil penalty or assess a civil penalty not to exceed $1,000. (2) Any disciplinary action taken by the Authority will be done in accordance with ORS chapter 183. (3) A civil penalty not to exceed $1,000 may be imposed as provided in ORS 183.745, in addition to disciplinary action against the CHDT’s certificate. Disciplinary action against the CHDT certificate does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same conduct. (4) Civil penalties may be imposed pursuant to ORS 183.745 according to the following schedule: (a) Gross negligence or repeated negligence in rendering hemodialysis — $500–$1000. (b) Use of any alcohol or drugs to an extent or in a manner sufficient to impair the ability of the certificate holder to conduct safely the duties of a CHDT or that could pose a risk to the public — $250–$1000. (c) Committed unprofessional or dishonorable conduct — $100–$1000. Statutory/Other Authority: ORS 688.665 Statutes/Other Implemented: ORS 688.660 History: PH 13-2023, amend filed 03/13/2023, effective 07/01/2023 OHD 2-2001, f. & cert. ef. 1-18-01
333-275-0175 Responsibility to Notify the Authority of Changes (1) In addition to the reporting obligations specified under OAR 333-275-0140, a CHDT must keep the Authority informed of the following: (a) The current legal name of the CHDT which shall be considered the name of record; (b) Current contact information, including mailing address, primary phone contact number, and electronic mail address; and (c) Current employer(s) of record and the employer(s) mailing address(es). (2) Any change to the information specified in section (1) of this rule must be submitted to the Authority no later than 30 calendar days after the change. (3) To change the name of record, the CHDT must submit legal proof of the name change. (4) Failure to report this information may result in disciplinary action against the CHDT. Statutory/Other Authority: ORS 688.665 Statutes/Other Implemented: ORS 688.665 History: PH 13-2023, adopt filed 03/13/2023, effective 07/01/2023