reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 60 - CHEMICAL USE AND STORAGE › Section 817-060-0050 - Use of Formaldehyde Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorization holder providing
			 services with products that may contain formaldehyde must adhere to all city,
			 county, state or federal laws, rules, codes and regulations related to the use
			 of formaldehyde.
(2) The Office and
			 Board adopt by reference Oregon Occupational Safety and Health Division OAR
			 437-002-0360 effective July
			 2013.
(3) For the purpose of this
			 rule:
(a) Employer referenced under OAR
			 437-002-0360 means a facility
			 license holder, temporary facility permit holder, demonstration permit holder
			 working outside of a licensed facility, a practitioner working outside of a
			 licensed facility, or an independent contractor.
(b) Employee referenced under OAR
			 437-002-0360 means a
			 practitioner working in a licensed facility, individual working under the
			 direction of an independent contractor or facility license holder, or
			 demonstration permit holder working in a licensed facility.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0025 - Schedule of Penalties for Facility and Independent Contractor Registration Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of facility license and
				independent contractor registration laws and rules. This schedule applies,
				except at the discretion of the Office pursuant to ORS
				676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Operating or purporting to operate a
			 facility without a valid facility license is a violation of ORS
			 690.015(2)(b)
			 or 690.015(2)(e):
(a) Never licensed or expired:
(A) 1st offense: $750;
(B) 2nd offense: $1500;
(C) 3rd offense: $3000;
(D) 4th offense: Monetary penalty and any
			 other actions allowed by law including revocation of suspended authorization to
			 practice and refusal to issue a new authorization to practice to a revoked
			 authorization holder.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0035 - Schedule of Penalties for Practitioner Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of practitioner licensing laws and
				rules. This schedule applies, except at the discretion of the Office pursuant
				to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Performing, attempting to perform, or
			 purporting to perform services in a field of practice without proper
			 certification, freelance authorization, temporary practitioner registration or
			 demonstration permit is a violation of ORS
			 690.015(2)(a)
			 or 690.015(2)(e).
(a) Never held or expired:
(A) 1st offense: $1000;
(B) 2nd offense: $2500;
(C) 3rd offense $5000.
(D) 4th offense: Monetary penalty and any
			 other actions allowed by law including revocation of suspended authorization to
			 practice and refusal to issue a new authorization to practice to a revoked
			 authorization holder.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0045 - Schedule of Penalties for Authorizations Holders

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of
				certificate/license/registration/permit laws and rules. This schedule applies,
				except at the discretion of the Office pursuant to ORS
				676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Altering with fraudulent intent or
			 fraudulent use, attempted use, obtainment, or counterfeiting of a license,
			 certificate, registration, permit or authorization issued by the Office is a
			 violation of ORS 690.015(2)(j)
			 or 690.015(2)(k):
(a) 1st offense: $1500;
(b) 2nd offense: $3500;
(c) 3rd offense: $5000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS
				  676.605,
				  676.615,
				  676.992,
				  690.165 &
				  690.167
Stats. Implemented: ORS
				  676.605,
				  676.615,
				  676.992,
				  690.165 &
				  690.167
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0055 - Schedule of Penalties for Home Facility Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Office has adopted the following
			 presumptive penalty schedule for the 1st, 2nd, and 3rd violation of home
			 facility laws and rules. This schedule applies, except at the discretion of the
			 Office pursuant to ORS
			 676.992. For the 4th and
			 subsequent offenses, the provisions of ORS
			 676.992 apply.
(2) Failing to identify a facility located in
			 a residence by means of a house number or a sign easily visible from the street
			 is a violation of OAR
			 817-007-0075:
(a) 1st offense: $100;
(b) 2nd offense: $200;
(c) 3rd offense: $500.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0065 - Schedule of Penalties for Water Supply and Disposal Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to have immediate access to hot
			 and cold running water in the working area of a facility is a violation of OAR
			 817-010-0014(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0070 - Schedule of Penalties for Towels and Linens Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to use clean towels or linens for
			 each client is a violation of OAR
			 817-010-0035(1)
			 and failing to launder towels and linens as required is a violation of
			 817-010-0035(5):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0075 - Schedule of Penalties for Waste Disposal Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to immediately deposit all
			 chemical waste materials in a closed container at the conclusion of each
			 service, or a fire-retardant container at the close of each business day is a
			 violation of OAR 817-010-0060(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0080 - Schedule of Fines for Dispensing of Cosmetic Preparations Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to properly dispense powders,
			 liquids, wave solutions, creams, semi-solid substances or other materials which
			 come in contact with a client is a violation of OAR
			 817-010-0055(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0085 - Schedule of Penalties for Sanitation or Disinfectant Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to use a high-level disinfectant
			 or failing to completely immerse in high-level disinfectant, all tools and
			 implements with sharp edges or points, or foot spa equipment according to
			 disinfectant manufacturer's instructions is a violation of either OAR
			 817-010-0068(4)
			 or 817-010-0101(5):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0090 - Schedule of Penalties for Disinfecting Requirements of Tools and Implements Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to cleanse and disinfect, with a
			 high-level disinfectant, electrical or mechanical hair clipper blades before
			 use on each client is a violation of OAR
			 817-010-0069(2):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0095 - Schedule of Penalties for Cleanable/Non-Absorbent Surfaces Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to have cleanable, non-absorbent
			 surfaces on all equipment in all areas of a facility where services are
			 performed is a violation of OAR
			 817-010-0101(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0100 - Schedule of Penalties for Clean Conditions Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to keep a restroom located on the
			 premises of a facility clean and sanitary is a violation of OAR
			 817-010-0021(2):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0105 - Schedule of Penalties for Client Health and Safety Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to use a neck strip or a towel to
			 prevent contact between the skin of a client's neck and a hair cloth or cape is
			 a violation of OAR 817-010-0040(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0110 - Schedule of Penalties for Safe Working Conditions Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of safety and infection control
				laws and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to meet the requirements of the
			 Oregon Indoor Clean Air Act is a violation of OAR
			 817-010-0007 and may result in
			 an emergency suspension of the facility license until the violation is
			 corrected.
(2) Having frayed
			 electrical wiring or overloading the electrical circuits in a facility is a
			 violation of ORS 690.055(1)(c),
			 and OAR 817-010-0007 and may result in
			 an emergency suspension of the facility license until the violation is
			 corrected.
(3) Having pets or other
			 animals in facilities, other than service animals recognized by the American
			 with Disabilities Act, fish in an aquarium is a violation of OAR
			 817-010-0095.
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 90 - CIVIL PENALTIES › Section 817-090-0115 - Schedule of Penalties for Chemical Use and Storage Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Office has adopted the following presumptive penalty
				schedule for the 1st, 2nd, and 3rd violation of chemical use and storage laws
				and rules. This schedule applies, except at the discretion of the Office
				pursuant to ORS 676.992. For the 4th and
				subsequent offenses, the provisions of ORS
				676.992 apply.
(1) Failing to store chemicals safely to
			 avoid fire, explosion and/or bodily harm to clients and authorization holders
			 is a violation of OAR
			 817-060-0020(3):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 100 - CLARIFICATION OF EXEMPTIONS › Section 817-100-0005 - Domestic Administration

Current through Register Vol. 63, No. 7, July 1, 2024
Domestic Administration under ORS
				690.025(1)
				means a person providing services in a location where the client or person
				resides, and the services are provided only to persons who are related by
				blood, marriage, or domestic partnership.
Statutory/Other Authority: ORS
				  690.025, ORS
				  690.165, ORS
				  690.205 & ORS
				  676.615
Statutes/Other Implemented: ORS
				  690.025, ORS
				  690.165 & ORS
				  690.205
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 100 - CLARIFICATION OF EXEMPTIONS › Section 817-100-0100 - Licensed Health Care Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Under ORS 690.025(1)(c)
			 the provisions of ORS
			 690.005 to
			 690.235 do not apply to persons
			 who are acting under the authority of a hospital or long-term care facility
			 licensed under ORS 441.025 or a residential
			 facility licensed under ORS
			 443.415.
(2) Persons exempt under ORS
			 690.025(1)(c)
			 are limited to providing well-being care and personal hygiene services,
			 including, but not limited to, basic skin and nail care, and washing, brushing,
			 and combing hair on individuals residing at the hospital or long-term care
			 facility licensed under ORS
			 441.025 or the residential
			 facility licensed under ORS
			 443.415.
(3) Persons exempt under ORS
			 690.025(1)(c)
			 are prohibited from providing chemical services, including but not limited to
			 permanent waving and coloring of hair, temporary hair removal, and applying or
			 removing artificial nails to individuals residing at the hospital or long-term
			 care facility licensed under ORS
			 441.025 or the residential
			 facility licensed under ORS
			 443.415.
(4) Persons providing services in a facility
			 established within a hospital or long-term care facility licensed under ORS
			 441.025 or a residential
			 facility licensed under ORS
			 443.415 are required to obtain a
			 facility license under OAR
			 817-007-0000 and OAR
			 817-007-0025 when services in a
			 field of practice defined under ORS
			 690.005 are being performed
			 whether or not the individual receiving the service is residing at the
			 hospital, long-term care facility or residential facility.
(5) For the purpose of this rule, residential
			 facility means a facility licensed under ORS
			 443.415 and defined under OAR
			 411-054-0005(48).
(6) For the purpose of this rule, a hospital
			 or long-term care facility means a facility licensed under ORS
			 442.025 and defined ORS
			 442.015(13) and
			 442.015(16).
Statutory/Other Authority: ORS
				  690.025 & ORS
				  676.615
Statutes/Other Implemented: ORS
				  690.025
Oregon Administrative Rules › Chapter 817 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY › Division 120 - CODE OF PROFESSIONAL CONDUCT › Section 817-120-0005 - Practice Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authorization holders must adhere to all applicable Office laws and rules
			 listed in ORS 676.560 to
			 676.660 and OAR Chapter 331
			 divisions 1 through 30.
(2)
			 Authorization holders must practice in a manner that safeguards the public's
			 health, safety, and welfare.
(3) An
			 authorization holder is responsible for determining if any practice would be
			 prohibited by law.
(4) Services
			 provided to clients by an authorization holder that are prohibited, unsafe,
			 dangerous or causes harm may result in a violation of incompetence, negligence
			 or unprofessional conduct pursuant to ORS
			 676.612(2)(j)
			 and under Office rules.
Statutory/Other Authority: ORS
				  676.605, ORS
				  676.615 & ORS
				  690.165
Statutes/Other Implemented: ORS
				  676.605, ORS
				  676.615 & ORS
				  690.165
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 1 - PROCEDURES › Section 818-001-0000 - Notice of Proposed Rule Making

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any permanent
				rule, the Oregon Board of Dentistry shall give notice of the proposed adoption,
				amendment, or repeal:
(1) By
			 publishing a notice in the Secretary of State's Bulletin referred to in ORS
			 183.370 at least 21 days prior to the effective date.
(2) By mailing a copy of the notice to
			 persons on the mailing list established pursuant to ORS
			 183.335(8)
			 at least 28 days before the effective date of the adoption, amendment, or
			 repeal.
(3) By mailing a copy of
			 the notice to the following persons and publications:
(a) Oregon Dental Hygienists'
			 Association;
(b) Oregon Dental
			 Assistants Association;
(c) Oregon
			 Association of Dental Laboratories;
(d) Oregon Dental Association;
(e) The Oregonian;
(f) Oregon Health & Science University,
			 School of Dentistry;
(g) The United
			 Press International;
(h) The
			 Associated Press;
(i) The Capitol
			 Building Press Room.
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 1 - PROCEDURES › Section 818-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the Oregon Board of
				Dentistry adopts the Attorney General's Model Rules of Procedure under the
				Administrative Procedures Act current edition; these rules of procedure shall
				be controlling except as otherwise required by statute or
				rule.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Board of
				  Dentistry.
Stat. Auth.: ORS 183, 192, 670 & 679
Stats. Implemented: ORS
				  183.341(1)
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 1 - PROCEDURES › Section 818-001-0011 - Time for Requesting a Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
A request for a contested case hearing must be in writing and
				must be received by the Board within twenty-one days from the date the
				contested case notice was served.
Stat. Auth.: ORS
				  679.250 & ORS
				  183.341
Stats. Implemented: ORS
				  679.250 & ORS
				  183.341 OR Laws 1999, Ch.
				  849
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 1 - PROCEDURES › Section 818-001-0025 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromised negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 1 - PROCEDURES › Section 818-001-0030 - Award of Hearings Costs

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may assess the following costs against a licensee
				disciplined by the Board:
(1) Fee for
			 service of complaint.
(2) Fee for
			 service of subpoenas.
(3) Reporter
			 fee for depositions and hearing including transcriptions.
(4) Hearing officer's fee.
(5) Witness fees and mileage or other costs
			 incurred in insuring the attendance of any witness.
(6) Cost of Board counsel.
Stat. Auth.: ORS 183, ORS 192, ORS 670 & ORS 680
Stats. Implemented: ORS
				  679.140(5)(h)
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 1 - PROCEDURES › Section 818-001-0082 - Access to Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Public records not exempt from disclosure may be inspected during office hours
			 at the Board office upon reasonable notice.
(2) Copies of public records not exempt from
			 disclosure may be purchased upon receipt of a written request. The Board may
			 withhold copies of public records until the requestor pays for the
			 copies.
(3) The Board follows the
			 Department of Administrative Service's statewide policy (107-001-030) for fees
			 in regards to public records request; in addition, the Board establishes the
			 following fees:
(a) $0.10 per name and
			 address for computer-generated lists on paper; $0.20 per name and address for
			 computer-generated lists on paper sorted by specific zip code;
(b) Data files submitted electronically or on
			 a device:
(A) All Licensed Dentists -
			 $50;
(B) All Licensed Dental
			 Hygienists and Dental Therapists - $50;
(C) All Licensees - $100.
(c) Written verification of
			 licensure - $2.50 per name; and
(d)
			 Certificate of Standing - $20.
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 1 - PROCEDURES › Section 818-001-0083 - Relief from Public Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
Upon the receipt of a written request of an individual who has
				been disciplined by the Oregon Board of Dentistry, the Board shall remove from
				its website, and other publicly accessible print and electronic publications
				under the Board's control, all information related to disciplining the
				individual under ORS 679.140 and any findings and
				conclusions made by the Board during the disciplinary proceeding, if:
(1) The request is made 10 years or more
			 after the date on which any disciplinary sanction ended;
(2) The individual was not disciplined for
			 financially or physically harming a patient as determined by the
			 Board;
(3) The individual informed
			 the Board of the matter for which the individual was disciplined before the
			 Board received information about the matter or otherwise had knowledge of the
			 matter;
(4) The individual making
			 the request, if the individual is or was a licensee, has not been subjected to
			 other disciplinary action by the Board following the imposition of the
			 disciplinary sanction; and
(5) The
			 individual fully complied with all disciplinary sanctions imposed by the
			 Board.
Stat. Auth.: HB 4095 (2016)
Stats. Implemented:
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 1 - PROCEDURES › Section 818-001-0087 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board
			 adopts the following fees:
(a) Biennial
			 License Fees:
(A) Dental -$440;
(B) Dental - retired - $0;
(C) Dental Faculty - $385;
(D) Volunteer Dentist - $0;
(E) Dental Hygiene -$255;
(F) Dental Hygiene - retired - $0;
(G) Volunteer Dental Hygienist -
			 $0;
(H) Dental Therapy -
			 $255;
(I) Dental Therapy - retired
			 - $0;
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 1 - PROCEDURES › Section 818-001-0090 - Board Member Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Board members of the Oregon Board of Dentistry, who are authorized by law to
			 receive compensation for time spent in performance of their official duties,
			 shall receive compensation based on the amount fixed for the standard per diem
			 allowance for the Continental United States which has been authorized by the
			 United States Internal Revenue Service for each day or portion of each day
			 during which the Board member is actually engaged in the performance of
			 official duties. This compensation amount shall be in addition to the
			 reimbursement of travel expenses per Oregon Statewide Travel Policy OAM
			 40.10.00 PO.
(2) No Board member
			 shall be required to accept compensation or reimbursement of travel expenses
			 while performing their official duties as a Board member.
Stat. Auth.: ORS
				  679.230
Stats. Implemented: HB 2058, OL Ch. 535 (2009
				  Laws)
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  676.303 &
				  679.253
Stats. Implemented: ORS
				  676.303 &
				  181.534
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  676.303 &
				  679.253
Stats. Implemented: ORS
				  676.303 &
				  181.534
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0011

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  676.303 &
				  679.253
Stats. Implemented: ORS
				  676.303 &
				  181.534
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  676.303 &
				  679.253
Stats. Implemented: ORS
				  676.303 &
				  181.534
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0021

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  676.303 &
				  679.253
Stats. Implemented: ORS
				  676.303 &
				  181.534
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  676.303 &
				  679.253
Stats. Implemented: ORS
				  676.303 &
				  181.534
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  676.303 &
				  679.253
Stats. Implemented: ORS
				  676.303 &
				  181.534
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0035 - Contesting a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule sets forth a contested case
			 hearing process by which a subject individual may appeal a fitness
			 determination made under OAR 818-005-0050  that he or she is fit or not fit to
			 be a Board employee, volunteer, contractor, or vendor.
(2) The Attorney General's Model Rules of
			 Procedure, OAR 137-003-0001  through 137-003-0092, apply unless the Board refers
			 the matter to the Office of Administrative Hearings to assign an Administrative
			 Law Judge. If the Board refers the matter to the Office of Administrative
			 Hearings, 137-003-0501  through 137-003-0700  shall apply.
(3) Process.
(a) To request a contested case hearing, the
			 employee applicant/employee or the employee applicant/employee individual's
			 legal representative must submit a written request to the Executive Director of
			 the Board. To be timely, the request must be received by the Executive Director
			 of the Board within 21 business days of the postmark of the fitness
			 determination notification letter.
(b) A contested case hearing shall be
			 conducted by an Administrative Law Judge appointed by the Office of
			 Administrative Hearings once a timely request has been received by the Board as
			 outlined in section (3)(a).
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0040 - Agency Representation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to the approval of the Attorney General, an officer or employee of the
			 Board, designated by the Executive Director, is authorized to appear on behalf
			 of the Board in contested case hearings conducted pursuant to these
			 rules.
(2) Board officers,
			 employees, or other authorized personnel may not present legal argument as
			 defined under OAR 137-003-0008  on behalf of the Board in contested case
			 hearings conducted pursuant to these rules.
(3) When the Board determines it is necessary
			 to consult with the Attorney General's office, the Administrative Law Judge
			 will provide a reasonable period of time for a Board's representative to
			 consult with the Attorney General's office and to obtain either written or oral
			 legal argument or advice, if necessary.
Stat. Auth.: ORS
				  181.534,
				  676.303 &
				  679.253
Stats. Implemented: ORS
				  676.303 &
				  181.534
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  676.303 &
				  679.253
Stats. Implemented: ORS
				  676.303 &
				  181.534
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 818-005-0050 - Criminal Records Check for Employees, Volunteers and Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board may
			 require a criminal records check and fitness determination for Board employees,
			 volunteers or applicants for employment with the Board.
(2) Criminal records checks and fitness
			 determinations are conducted pursuant to ORS 181A.170 to 181A.215 and OAR
			 125-007-0200  to 125-007-0310.
(a) To complete
			 the criminal records check and fitness determination, the Board may require
			 additional information from the employee, volunteer or applicant, such as, but
			 not limited to, proof of identity or additional criminal, judicial or other
			 background information.
(b) If the
			 employee, volunteer or applicant has potentially disqualifying criminal
			 offender information, the Board will consider factors listed in ORS 181A.195 before making a fitness determination.
(c) An approved fitness determination does
			 not guarantee employment.
(d) An
			 incomplete fitness determination does not entitle the employee, volunteer or
			 applicant the right to appeal under OAR 125-007-0300.
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 12 - STANDARDS OF PRACTICE › Section 818-012-0005 - Scope of Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No dentist may
			 perform any of the procedures listed below:
(a) Rhinoplasty;
(b) Blepharoplasty;
(c) Rhytidectomy;
(d) Submental liposuction;
(e) Laser resurfacing;
(f) Browlift, either open or endoscopic
			 technique;
(g) Platysmal muscle
			 plication;
(h) Otoplasty;
(i) Dermabrasion;
(j) Hair transplantation, not as an isolated
			 procedure for male pattern baldness; and
(k) Harvesting bone extra orally for dental
			 procedures, including oral and maxillofacial procedures.
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 12 - STANDARDS OF PRACTICE › Section 818-012-0006 - Qualifications - Administration of Vaccines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A dentist may administer vaccines to a
			 patient of record.
(2) A dentist
			 may administer vaccines under Section (1) of this rule only if:
(a) The dentist has completed a course of
			 training approved by the Board; and
(b) The vaccines are administered in
			 accordance with the "Model Standing Orders" approved by the Oregon Health
			 Authority (OHA).
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 12 - STANDARDS OF PRACTICE › Section 818-012-0007 - Procedures, Record Keeping and Reporting of Vaccines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to administering a vaccine to a
			 patient of record, the dentist must follow the "Model Standing Orders" approved
			 by the Oregon Health Authority (OHA) for administration of vaccines and the
			 treatment of severe adverse events following administration of a
			 vaccine.
(2) The dentist must
			 maintain written policies and procedures for handling and disposal of used or
			 contaminated equipment and supplies.
(3) The dentist or designated staff must give
			 the appropriate Vaccine Information Statement (VIS) to the patient or legal
			 representative with each dose of vaccine covered by these forms. The dentist or
			 designated staff must ensure that the patient or legal representative is
			 available and has read, or has had read to them, the information provided and
			 has had their questions answered prior to the dentist administering the
			 vaccine. The VIS given to the patient must be the most current
			 statement.
(4) The dentist or
			 designated staff must document in the patient record:
(a) The date and site of the administration
			 of the vaccine;
(b) The brand name,
			 or NDC number, or other acceptable standardized vaccine code set, dose,
			 manufacturer, lot number, and expiration date of the vaccine;
(c) The name or identifiable initials of the
			 administering dentist;
(d) The
			 address of the office where the vaccine(s) was administered unless
			 automatically embedded in the electronic report provided to the OHA ALERT
			 Immunization System;
(e) The date
			 of publication of the VIS; and
(f)
			 The date the VIS was provided and the date when the VIS was
			 published.
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 12 - STANDARDS OF PRACTICE › Section 818-012-0010 - Unacceptable Patient Care

Current through Register Vol. 63, No. 7, July 1, 2024
The Board finds, using the criteria set forth in ORS
				679.140(4),
				that a licensee engages in or permits the performance of unacceptable patient
				care if the licensee does or permits any person to:
(1) Provide treatment which exposes a patient
			 to risk of harm when equivalent or better treatment with less risk to the
			 patient is available.
(2) Fail to
			 seek consultation whenever the welfare of a patient would be safeguarded or
			 advanced by having recourse to those who have special skills, knowledge and
			 experience; provided, however, that it is not a violation of this section to
			 omit to seek consultation if other competent licensees in the same locality and
			 in similar circumstances would not have sought such consultation.
(3) Fail to provide or arrange for emergency
			 treatment for a patient currently receiving treatment.
(4) Fail to exercise supervision required by
			 the Dental Practice Act over any person or permit any person to perform duties
			 for which the person is not licensed or certified.
(5) Render services which the licensee is not
			 licensed to provide.
(6) Fail to
			 comply with ORS 453.605 to
			 453.755 or rules adopted
			 pursuant thereto relating to the use of x-ray machines.
(7) Fail to maintain patient records in
			 accordance with OAR 818-012-0070.
(8) Fail to provide goods or services in a
			 reasonable period of time which are due to a patient pursuant to a contract
			 with the patient or a third party.
(9) Attempt to perform procedures which the
			 licensee is not capable of performing due to physical or mental
			 disability.
(10) Perform any
			 procedure for which the patient or patient's guardian has not previously given
			 informed consent provided, however, that in an emergency situation, if the
			 patient is a minor whose guardian is unavailable or the patient is unable to
			 respond, a licensee may render treatment in a reasonable manner according to
			 community standards.
(11) Use the
			 behavior management technique of Hand Over Mouth (HOM) without first obtaining
			 informed consent for the use of the technique.
(12) Use the behavior management technique of
			 Hand Over Mouth Airway Restriction (HOMAR) on any patient.
(13) Fail to determine and document a dental
			 justification prior to ordering a Cone Beam CT series with field greater than
			 10x10 cm for patients under 20 years of age where pathology, anatomical
			 variation or potential treatment complications would not be otherwise visible
			 with a Full Mouth Series, Panoramic or Cephalometric radiographs.
(14) Fail to advise a patient of any
			 recognized treatment complications.
Stat. Auth.: ORS 679 & 680
Stats. Implemented: ORS
				  679.140(1)(e),
				  679.140(4)
				  & 680.100
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 12 - STANDARDS OF PRACTICE › Section 818-012-0015 - Licensee to Notify Board of Certain Events

Current through Register Vol. 63, No. 7, July 1, 2024
Licensees shall report to the Board incidents of mortality that
				occur in the course of the licensee's practice.
(1) The licensee performing the dental
			 procedure must submit a written detailed report to the Board within five
			 working days of the incident along with the patient's complete original dental
			 records. The detailed report(s) must include:
(a) Name, age and address of
			 patient;
(b) Name of the licensee
			 and other persons present during the incident;
(c) Address where the incident took
			 place;
(d) Type of anesthesia and
			 dosages of drugs administered to the patient; and
(e) A narrative description of the incident
			 including approximate times and evolution of symptoms.
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 12 - STANDARDS OF PRACTICE › Section 818-012-0020 - Additional Methods of Discipline for Unacceptable Patient Care

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to other discipline, the Board may order a licensee
				who engaged in or permitted unacceptable patient care to:
(1) Make restitution to the patient in an
			 amount to cover actual costs in correcting the unacceptable care.
(2) Refund fees paid by the patient with
			 interest.
(3) Complete a
			 Board-approved course of remedial education.
(4) Discontinue practicing in specific areas
			 of dentistry, dental therapy or hygiene.
(5) Practice under the supervision of another
			 licensee.
Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS
				  679.140(5)(h)
				  & 680.100
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 12 - STANDARDS OF PRACTICE › Section 818-012-0030 - Unprofessional Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
The Board finds that in addition to the conduct set forth in
				ORS 679.140(2),
				unprofessional conduct includes, but is not limited to, the following in which
				a licensee does or knowingly permits any person to:
(1) Attempt to obtain a fee by fraud, or
			 misrepresentation.
(2) Obtain a fee
			 by fraud, or misrepresentation.
(a) A licensee
			 obtains a fee by fraud if the licensee knowingly makes, or permits any person
			 to make, a material, false statement intending that a recipient, who is unaware
			 of the truth, rely upon the statement.
(b) A licensee obtains a fee by
			 misrepresentation if the licensee obtains a fee through making or permitting
			 any person to make a material, false statement.
(c) Giving cash discounts and not disclosing
			 them to third party payers is not fraud or misrepresentation.
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 12 - STANDARDS OF PRACTICE › Section 818-012-0032 - Diagnostic Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Licensees shall provide duplicates of physical diagnostic records to patient or
			 patient's guardian within 14 calendar days of receipt of written request.
(a) Physical records include:
(A) Legible copies of paper charting and
			 chart notes, and;
(B) Duplicates of
			 silver emulsion radiographs of the same quality as the originals, duplicates of
			 physical study models, and photographs if they have been paid for.
Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 12 - STANDARDS OF PRACTICE › Section 818-012-0040 - Infection Control Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
In determining what constitutes unacceptable patient care with
				respect to infection control, the Board may consider current infection control
				guidelines such as those of the Centers for Disease Control and Prevention and
				the American Dental Association.
(1)
			 Additionally, licensees must comply with the following requirements:
(a) Disposable gloves shall be worn whenever
			 placing fingers into the mouth of a patient or when handling blood or saliva
			 contaminated instruments or equipment. Appropriate hand hygiene shall be
			 performed prior to gloving.
(b)
			 Masks and protective eyewear or chin-length shields shall be worn by licensees
			 and other dental care workers when spattering of blood or other body fluids is
			 likely.
(c) Between each patient
			 use, instruments or other equipment that come in contact with body fluids shall
			 be sterilized.
(d) Environmental
			 surfaces that are contaminated by blood or saliva shall be disinfected with a
			 chemical germicide which is mycobactericidal at use.
(e) Impervious backed paper, aluminum foil,
			 or plastic wrap may be used to cover surfaces that may be contaminated by blood
			 or saliva and are difficult or impossible to disinfect. The cover shall be
			 replaced between patients.
(f) All
			 contaminated wastes and sharps shall be disposed of according to any
			 governmental requirements.