reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0155 - Outlet: Minimum Equipment Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each Oregon PPL must have the following:
(a) Appropriate equipment and supplies as
			 required by Oregon Revised Statutes, Oregon Administrative Rules, United States
			 Code, Code of Federal Regulations, and standards adopted by reference (e.g.
			 USP) based on services offered by the PPL outlet;
(b) Appropriate equipment to maintain the
			 proper storage of drugs;
(c)
			 Signage in a location easily seen by the public at the PPL where prescription
			 and non-prescription drugs, devices, and related supplies are dispensed:
(A) Stating "The (insert name of PPL
			 Affiliated Pharmacy) may be able to substitute a less expensive drug which is
			 therapeutically equivalent to the one prescribed by your doctor unless you do
			 not approve." The printing on this sign must be in block letters not less than
			 one inch in height.
(B) Providing
			 notification in each of the languages required in OAR 855-143-0410 of the right
			 to free, competent oral interpretation and translation services, including
			 translated prescription labels, for patients who are of limited English
			 proficiency, in compliance with federal and state regulations if the pharmacy
			 dispenses prescriptions for a patient's self-administration;
(C) Stating "This location is a Pharmacy
			 Prescription Locker, supervised by an Oregon licensed Pharmacist from (insert
			 name of PPL Affiliated Pharmacy, address, and telephone number)." The printing
			 on the sign must be in block letters not less than one inch in height;
			 and
(D) Providing notification of
			 accurate hours of operation at the PPL; and
(d) Additional equipment and supplies that
			 are determined as necessary by the PPL Affiliated Pharmacy or PIC.
(e) As an alternative to posting the required
			 signage, PPL's that utilize an electronic video monitor that the patient is
			 required to acknowledge prior to retrieving medication from the PPL may display
			 the information required by sub-paragraphs (1)(c)(A) - (D)
			 electronically.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0200 - Outlet: General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The PPL Affiliated Pharmacy and its PIC are responsible for all operations and
			 enforcing all policies and procedures of the PPL.
(2) A PPL Affiliated Pharmacy may operate
			 more than one PPL.
(3) A PPL
			 Affiliated Pharmacy must be less than 120 miles apart via the shortest surface
			 street route from the PPL.
(4) A
			 PPL and its PPL Affiliated Pharmacy must:
(a)
			 Have the same owner; or
(b) Have a
			 written contract that specifies:
(A) The
			 services to be provided by each licensee and registrant;
(B) The responsibilities of each licensee and
			 registrant; and
(C) The
			 accountabilities of each licensee and registrant;
(c) Ensure each prescription and
			 non-prescription drugs, devices, and related supplies are dispensed in
			 compliance with OAR 855-041, OAR 855-115, OAR 855-120, OAR 855-125 and OAR
			 855-143;
(d) Ensure that the PPL
			 Affiliated Pharmacy prevents duplicate dispensing of a prescription;
(e) Comply with all applicable federal and
			 state laws and rules;
(f) Ensure
			 that PPL Affiliated Pharmacy has received and documented consent by the patient
			 or patient's agent for the patient's prescription and non-prescription drugs,
			 devices, and related supplies to be placed in the PPL;
(g) Ensure that there is an Oregon licensed
			 PIC who is responsible for all operations and enforcing all policies and
			 procedures of the PPL;
(h)
			 Designate in writing the Oregon licensed Pharmacists, Interns, Pharmacy
			 Technicians and Certified Oregon Pharmacy Technicians authorized to access the
			 PPL;
(i) Utilize complete chain of
			 custody tracking;
(j) Train the
			 Oregon licensed Pharmacists, Interns, Pharmacy Technicians and Certified Oregon
			 Pharmacy Technicians in the operation of the PPL and document the
			 training;
(k) Develop, implement
			 and enforce a continuous quality improvement program for dispensing services
			 from a PPL designed to objectively and systematically:
(A) Monitor, evaluate, document the quality
			 and appropriateness of patient care;
(B) Improve patient care; and
(C) Identify, resolve and establish the root
			 cause of dispensing and DUR errors and prevent their reoccurrence;
(l) Provide a telephone number
			 that a patient, patient's agent or prescriber may use to contact the Oregon
			 licensed Pharmacist from the PPL Affiliated Pharmacy; and
(m) Develop, implement and enforce a process
			 for an in person physical inspection of the PPL by an Oregon licensed
			 Pharmacist at least once every 28 days or more frequently as deemed necessary
			 by the Oregon licensed PIC of the PPL Affiliated Pharmacy. The inspection must
			 utilize the PPL self-inspection form, be documented, and records
			 retained.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0205 - Outlet: Technology

Current through Register Vol. 63, No. 7, July 1, 2024
A PPL and its PPL Affiliated Pharmacy must:
(1) Utilize a shared computer system and have
			 appropriate technology or interface to allow access to information required to
			 dispense prescription and non-prescription drugs, devices, and related supplies
			 and counsel the patient or patient's agent;
(2) Utilize barcode, radio-frequency
			 identification or quick response code technology for stocking, destocking and
			 dispensing at the PPL;
(3) Test the
			 PPL and verify the unit is operable and functioning in all aspects in
			 accordance with minimum acceptable system or unit design specifications before
			 dispensing prescription and non-prescription drugs, devices, and related
			 supplies and after an upgrade or change is made to the system.
The PPL Affiliated Pharmacy must make the results of such
				testing available to the board upon request; and
(4) Develop, implement and enforce a plan for
			 routine maintenance of the PPL.
(5)
			 Develop, implement and enforce a plan for responding to and recovering from an
			 interruption of service where the PPL is not fully operational and
			 functioning.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.155 & ORS
				  689.527
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0210 - Outlet: Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
A PPL and its PPL Affiliated Pharmacy must:
(1) Ensure prescription and non-prescription
			 drugs, devices, and related supplies are only dispensed at the PPL if an Oregon
			 licensed Pharmacist is available for patient consultation and the PPL is fully
			 operational.
(2) Ensure that
			 stocking and destocking of prescription and non-prescription drugs, devices,
			 and related supplies in a PPL is completed under the supervision, direction and
			 control of a Pharmacist.
(3) Ensure
			 that an Oregon licensed Pharmacist verifies and documents that:
(a) All prescription and non-prescription
			 drugs, devices, and related supplies were correctly stocked into the
			 PPL;
(b) All prescription and
			 non-prescription drugs, devices, and related supplies destocked from the PPL
			 were returned to the PPL Affiliated Pharmacy;
(c) Proper storage conditions were maintained
			 during transfer per OAR
			 855-143-0125; and
(d) Records are maintained per OAR
			 855-143-0550.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0215 - Outlet: Pharmacist Utilization

Current through Register Vol. 63, No. 7, July 1, 2024
A PPL and its PPL Affiliated Pharmacy must ensure that a
				prescription drug or device is not released from the PPL until the Oregon
				licensed Pharmacist or Intern has:
(1)
			 Provided counseling when required under OAR
			 855-115-0145 or when requested
			 by the patient or patient's agent; and
(2) Documented the interaction.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.155 & ORS
				  689.527
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0220 - Outlet: Non-Prescription Drugs and Supplies

Current through Register Vol. 63, No. 7, July 1, 2024
If non-prescription drugs and related supplies are placed in
				the PPL, the PPL and its PPL Affiliated Pharmacy must ensure that only an
				Oregon licensed Pharmacist verifies non-prescription drugs and related supplies
				that will be placed in the PPL.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.155 & ORS
				  689.527
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0225 - Outlet: Controlled Substances

Current through Register Vol. 63, No. 7, July 1, 2024
Controlled substances may not be stored in the PPL.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.155 & ORS
				  689.527
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0345 - Dispensing: General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The PPL Affiliated Pharmacy must:
(1) Ensure each prescription, prescription
			 refill, and drug order is correctly dispensed by the PPL in accordance with the
			 prescribing practitioner's authorization; and
(2) Ensure the PPL dispenses prescriptions
			 accurately and to the correct party.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.155 & ORS
				  689.527
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0500 - Policies and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon licensed PIC of the PPL Affiliated Pharmacy and the PPL Affiliated
			 Pharmacy drug outlet is accountable for establishing, maintaining, and
			 enforcing written policies and procedures for the PPL. The written policies and
			 procedures must be maintained at the PPL Affiliated Pharmacy and must be
			 available to the board upon request.
(2) The written policies and procedures must
			 include at a minimum the responsibilities of the PPL Affiliated Pharmacy and
			 each PPL including;
(a) Security;
(b) Operation, testing and maintenance of the
			 PPL;
(c) Sanitation and
			 cleaning;
(d) Storage of
			 drugs;
(e) Stocking and
			 destocking;
(f)
			 Dispensing;
(g) Preventing
			 duplicate dispensing;
(h) Oregon
			 licensed Pharmacist supervision, direction and control of and licensed
			 personnel accessing the PPL;
(i)
			 Documenting the identity, function, location, date and time of the licensed
			 personnel accessing the PPL;
(j)
			 Utilization of Oregon licensed Pharmacist (i.e. Counseling);
(k) Recordkeeping;
(l) Patient consent and
			 confidentiality;
(m) On-site
			 inspection by an Oregon licensed Pharmacist;
(n) Continuous quality improvement;
(o) Plan for discontinuing and recovering
			 services if PPL disruption occurs;
(p) Training: initial and ongoing;
			 and
(q) Interpretation, translation
			 and prescription reader services.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0550 - Records: General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The recordkeeping requirements OAR 855-143 are in addition to the requirements
			 of other recordkeeping rules of the board. Unless otherwise specified, all
			 records and documentation required by these rules, must be retained for three
			 years and made available to the board for inspection upon request. Records must
			 be stored onsite for at least one year and may be stored, after one year, in a
			 secured off-site location if retrievable within three business days. Records
			 and documentation may be written, electronic or a combination of the
			 two.
(2) All required records for
			 the Drug Outlet PPL must be maintained by the PPL Affiliated
			 Pharmacy.
(3) Records retained by
			 the PPL Affiliated Pharmacy must include, but are not limited to:
(a) Date, time and identification of each
			 individual and activity or function performed on the PPL;
(b) Oregon licensed Pharmacist physical
			 inspection of the PPL;
(c)
			 Audiovisual communication system testing;
(d) Licensee training on the proper use of
			 the PPL;
(e) Still image capture
			 and store and forward images must be retained according to (1);
(f) Data and surveillance system data must be
			 retained for 30 days except when a PPL Affiliated Pharmacy becomes aware of an
			 incident that requires review of surveillance data, the PPL Affiliated Pharmacy
			 must retain the data related to that incident for 6 months from the date of
			 review; and
(g) Any errors or
			 irregularities identified by the quality improvement program.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0600 - Prohibited Practices: General

Current through Register Vol. 63, No. 7, July 1, 2024
A PPL may not:
(1)
			 Allow unlicensed personnel, Oregon licensed Pharmacy Technicians or Certified
			 Oregon Pharmacy Technicians to ask questions of a patient or patient's agent
			 which screen and/or limit interaction with the Oregon licensed
			 Pharmacist;
(2) Utilize a person to
			 dispense or deliver a prescription and non-prescription drugs, devices, and
			 related supplies directly to the patient;
(3) Dispense drugs that require further
			 manipulation prior to administration or dispensing (e.g. reconstitution,
			 compounding, vaccines); and
(4)
			 Store or dispense controlled substances.
Statutory/Other Authority: ORS
				  475.035, ORS
				  689.205, ORS
				  689.305 & ORS
				  689.315
Statutes/Other Implemented: ORS
				  689.155 & ORS
				  689.527
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0602 - Prohibited Practices: Disclosure of Patient Information

Current through Register Vol. 63, No. 7, July 1, 2024
A Retail Drug Outlet PPL may not:
(1) Allow a licensee or registrant of the
			 board who obtains any patient information to disclose that information to a
			 third party without the consent of the patient except as provided in (2) of
			 this rule.
(2) A licensee may
			 disclose patient information:
(a) To the
			 board;
(b) To a practitioner,
			 Oregon licensed Pharmacist, Intern, Pharmacy Technician, or Certified Oregon
			 Pharmacy Technician, if disclosure is authorized by an Oregon-licensed
			 Pharmacist who reasonably believes that disclosure is necessary to protect the
			 patient's health or well-being; or
(c) To a third-party when disclosure is
			 authorized or required by law; or
(d) As permitted pursuant to federal and
			 state patient confidentiality laws; or
(e) To the patient or to persons as
			 authorized by the patient.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 143 - PHARMACY PRESCRIPTION LOCKER › Section 855-143-0650 - Grounds for Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
The State Board of Pharmacy may impose one or more of the
				following penalties which includes: suspend, revoke, or restrict the license of
				an outlet or may impose a civil penalty upon the outlet upon the following
				grounds:
(1) Any of the grounds listed
			 in ORS 689.405.
(2) Advertising or soliciting that may
			 jeopardize the health, safety, or welfare of the patient including, but not be
			 limited to, advertising or soliciting that:
(a) Is false, fraudulent, deceptive, or
			 misleading; or
(b) Makes any claim
			 regarding a professional service or product or the cost or price thereof which
			 cannot be substantiated by the licensee.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 1 - RULES OF PRACTICE AND PROCEDURE › Section 856-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment or repeal of any rules, the
				Board shall give notice of the intended action by mailing or furnishing a copy
				of the notice to:
(1) The Associated
			 Press;
(2) The following groups:
(a) Columbia River Pilots
(b) Columbia River Bar Pilots;
(c) Yaquina Bay Pilots;
(d) Coos Bay Pilots Association;
(e) Columbia River Steamship Operators
			 Association, Inc.;
(f) Capitol
			 Press Room.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 1 - RULES OF PRACTICE AND PROCEDURE › Section 856-001-0005 - Model Rules of Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The Model Rules of Procedure under the Administrative
				Procedures Act adopted by the Attorney General in 2014 are hereby adopted as
				the rules of procedure for the Board of Maritime Pilots, except as specified
				under OAR chapter 856, division 030, Ratemaking Procedures.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Board of
				  Maritime Pilots.
Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 1 - RULES OF PRACTICE AND PROCEDURE › Section 856-001-0010 - Organization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board of
			 Maritime Pilots, created by ORS Chapter 776, is responsible for licensing of
			 pilots in the State of Oregon and setting of pilotage rates.
(2) Information can be obtained from the
			 Board's office at 800 N.E. Oregon Street, Suite 507, Portland, OR 97232,
			 telephone 971-673-1530.
Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS
				  776.115
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0008 - Trainee and Apprentice Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for selection as an
			 apprentice pursuant to OAR
			 856-010-0014(1) through
			 (5), or an applicant for selection as a
			 trainee pursuant to 856-010-0014(12) through
			 (14),
			 856-010-0018, or
			 856-010-0026, shall provide the
			 following when making application to the Board:
(a) A photocopy of the applicant's most
			 recent U.S. Coast Guard physical examination report form, completed and signed
			 by a physician licensed in the United States, verifying that the applicant
			 meets the physical, medical and mental criteria required to qualify for the
			 federal mariner's license held by the applicant.
(b) One of the following:
(A) Proof the applicant has been a
			 participant in maritime employer's random drug testing program during the 90
			 days preceding the date of application; or
(B) Negative results of a test performed
			 within the preceding 30 days for the presence in the applicant of cocaine,
			 opiates, marijuana (THC or its metabolites), amphetamines and PCP
			 (phencyclidine). Testing must be in accordance with the U.S. Coast Guard,
			 Department of Homeland Security guidelines outlined in the Code of Federal
			 Regulations. A positive drug test must be reported to the Board.
(c) A report prepared by the
			 applicant that identifies the following:
(A)
			 Any positive results within the preceding 60 months of any tests for the
			 presence in the applicant of cocaine, opiates, marijuana (THC or its
			 metabolites), amphetamines or PCP (phencyclidine).
(B) Any conviction within the preceding 60
			 months for any alcohol-related motor vehicle infraction.
(C) A description of any maritime incidents
			 occurring while the applicant was master, operator or otherwise directing the
			 movement of a vessel, that resulted in either a disciplinary proceeding against
			 the applicant's federal license or a civil penalty proceeding by the U.S. Coast
			 Guard, and the final disposition of any such proceedings.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0009 - Training Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 application made in writing by interested organizations of pilots, the Board
			 shall license training organizations for each pilotage ground. Every
			 organization of pilots licensed by the Board to provide training to apprentices
			 or pilot trainees shall satisfy the requirements of ORS
			 776.311(1).
(2) It shall be the obligation of each member
			 of every organization of pilots licensed by the Board as a training
			 organization to provide training and interact with apprentices and pilot
			 trainees to a degree sufficient to teach skills and impart information and to
			 evaluate performance as required by the Board.
(3) The Board shall assign apprentices and
			 pilot trainees for training purposes to the training organizations licensed for
			 each ground. If more than one training organization is licensed for a pilotage
			 ground, apprentices and pilot trainees for that ground shall be provided
			 training by all such organizations.
(4) Nothing in this rule requires or
			 prohibits payment of compensation by training organizations to apprentices or
			 pilot trainees.
(5) A training
			 organization license issued by the Board shall be valid for one year from the
			 date of issue. Application for renewal shall be made in writing not less than
			 60 days prior to expiration.
Stat. Auth.: ORS 776
Stats. Implemented: ORS
				  776.311
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0011 - Restrictions on Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
After receiving an original license the following restrictions
				shall apply:
(1) Columbia and
			 Willamette River Grade "C" and Grade "B" license holders shall not pilot
			 vessels with a draft of 38 feet or greater. Columbia and Willamette River Grade
			 "A" license holders shall not pilot vessels with a draft of 40 feet or greater.
			 Columbia and Willamette River Grade "C", "B" and "A" license holders shall not
			 pilot tankers.
(2) Columbia and
			 Willamette River license holders shall not pilot any vessel through or above
			 the Broadway Bridge in the upper harbor of Portland until the licensee has
			 completed the requirements of OAR
			 856-010-0010(4)(b)
			 for the Broadway Bridge.
(3)
			 Except for Columbia River bar pilots who have a minimum of two years'
			 experience on tankers as Master or pilot, no Columbia River bar pilot shall
			 pilot a loaded tanker during the first two years as a licensee.
(4) Coos Bay bar pilots shall not move any
			 ship exceeding 40,000 gross tons, or exceeding 700 feet in length, or exceeding
			 106 feet of beam, or any ship exceeding 300 feet in length with the wheelhouse
			 forward of amidships, during the first two years as a licensee.
(5) Coos Bay bar pilots shall not move loaded
			 tankers during the first two years as a licensee, nor shall Coos Bay bar pilots
			 move any ship exceeding 23,000 gross tons through the bridges during the first
			 two years as a licensee.
(6)
			 Yaquina Bay bar pilots shall not move any ship exceeding 23,000 gross tons, or
			 any ship exceeding 300 feet in length with the wheelhouse forward of amidships,
			 during the first two years as a licensee.
(7) Yaquina Bay bar pilots shall not move
			 loaded tankers during the first two years as a licensee.
(8) The Board may, upon application by the
			 licensee, recognize any combination of master's tanker and pilot's experience
			 to equal any time period required by this rule.
Stat. Auth.: ORS 670 & 776
Stats. Implemented: ORS
				  776.115 &
				  670.310
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0012 - Degrees of Licenses for the Columbia and Willamette River Pilotage Ground

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Grade "C"
			 License: The initial license issued by the Board to a pilot for the Columbia
			 and Willamette River pilotage ground shall only authorize the pilot to pilot
			 vessels under 600 feet length over-all (L.O.A.).
(2) To obtain a Grade "B" License while
			 holding a Grade "C" License: In order to obtain authority from the Board to
			 pilot vessels from and including 600 feet L.O.A. up to 700 feet L.O.A. on the
			 Columbia and Willamette River pilotage ground, an applicant must meet the
			 following requirements:
(a) Complete at least
			 180 days service on the pilotage ground while holding a Grade "C" license;
(b) Complete at least 30 transits
			 on the pilotage ground piloting ships of between 300 and 600 feet L.O.A.;
(c) Complete at least 25 transits
			 on ships 600 feet L.O.A. or greater under the supervision of a minimum of ten
			 different pilots, at least six of whom have held unlimited state licenses for
			 at least 5 years;
(d) Complete at
			 least 5 trips in either direction between Astoria and either Longview or Kalama
			 on ships 600 feet L.O.A. or greater under the supervision of an unlimited
			 state-licensed pilot;
(e) Make at
			 least 6 trips under the supervision of unlimited state-licensed pilots while on
			 the bridge of ships not less than 500 feet L.O.A., with at least 3 trips in
			 each of the following directions:
(A) From
			 the Willamette River, turning east (upstream) into the Columbia River; and
(B) From the Columbia River
			 upstream of the mouth of the Willamette River, turning south (upstream) into
			 the Willamette River;
(f) Complete at least 2 trips from dock to
			 dock or anchor to dock while on ships not less than 600 feet L.O.A. while under
			 the supervision of an unlimited state-licensed pilot, with each such trip
			 requiring a 180 degree turn before docking;
(g) Present recommendations from the training
			 course monitor and from at least ten pilots holding unlimited state licenses
			 who participated in the training, certifying that the applicant has sufficient
			 knowledge and shiphandling skills to pilot vessels from and including 600 feet
			 L.O.A. up to 700 feet L.O.A.; and
(h) The requirements specified in subsections
			 (b), (c), (d), (e), and (f) of this section must have been met during the 180
			 days preceding application for authority to pilot vessels from and including
			 600 feet L.O.A. up to 700 feet L.O.A.; and
(i) When the foregoing requirements are met,
			 the Board shall issue a license to the applicant authorizing the applicant to
			 pilot vessels which are less than 700 feet L.O.A., except that the applicant
			 shall not pilot tankers, or vessels with a draft of 38 feet or greater, on the
			 pilotage ground.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0013 - Grounds for Denying Original License Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may deny an application for a pilot's license, if the
				Board finds, after notice and hearing, that:
(1) The applicant fails to meet any one or
			 all of the requirements of the physical examination as specified in OAR
			 856-010-0010 and/or the physical
			 health of the applicant is such that the applicant is not physically capable of
			 competently exercising the license privilege and performing the work involved
			 without creating an unreasonable risk of harm to the applicant or to the person
			 or property of others.
(2) The
			 mental or emotional health of an applicant is such that the applicant is not
			 competent to exercise the license privilege and is unable to perform the work
			 involved without creating an unreasonable risk of harm to the applicant or to
			 the person or property of others.
(3) The applicant has committed a criminal
			 act, the facts and circumstances of which bear a demonstrable relationship to
			 the exercise of the license privilege. Conviction of a crime is not required to
			 deny an application under this provision.
(4) The applicant uses or has used alcohol,
			 drugs, or any other substance in such a manner as to impair the applicant's
			 physical or mental ability to exercise the license privilege without creating
			 an unreasonable risk of harm to the applicant or the person or property of
			 others.
(5) The applicant has
			 engaged in conduct involving dishonesty or misrepresentation, the facts and
			 circumstances of which bear a demonstrable relationship to the exercise of the
			 license privilege.
(6) The
			 applicant has failed to fulfill all the minimum requirements as stated in ORS
			 Chapter 776 and OAR chapter 856.
(7) The applicant has been charged with a
			 drug or alcohol offense during the past five years, the facts and circumstances
			 of which bear a demonstrable relationship to the exercise of the license
			 privilege.
Stat. Auth.: ORS 670 & 776
Stats. Implemented: ORS
				  670.280,
				  670.310 &
				  776.115
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0014 - Pilot Trainee Selection and Apprentice Selection and Training Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application for
			 a Certificate as a Pilot Apprentice for the Columbia and Willamette River
			 pilotage ground shall be made on a form provided by the Board.
(2) The Board of Maritime Pilots shall
			 certify from among the eligible applicants the best qualified individual or
			 individuals for apprenticeship. Selection shall be in accordance with selection
			 criteria procedures, based upon numerical ranking, promulgated by the Board of
			 Maritime Pilots.
(3) No more than
			 two apprentices shall be in the apprenticeship program at any time. The Board
			 shall accept new apprentices into training at intervals of two years or
			 longer.
(4) Numerical ranking of
			 apprentice applicants shall be based upon a 100-point system, with points for
			 each of the following categories:
(a)
			 Academic: Completion of a four-year course of study and receipt of a degree
			 from an accredited maritime academy will be awarded 25 points.
(b) Previous Maritime Experience: Applicants
			 shall be awarded 45 points based on federal licensure and a minimum of two
			 years of actual experience as an officer in charge of a navigation watch while
			 holding one or more of the following licenses:
(A) Master of Towing Vessels (Inland
			 Waterways);
(B) Master of Towing
			 Vessels (Ocean);
(C) Master,
			 Vessels Greater than 1,600 Tons;
(D) Master, Vessels 1,600 Tons or
			 Less;
(E) Chief or Second Mate on
			 Vessels Greater than 1,600 Tons
(c) Applicants with a First Class Pilot
			 Endorsement for any U.S. inland waterway will be awarded 5points.
(d) Interview: Every applicant shall be
			 interviewed by the Board of Maritime Pilots. Each person interviewed shall be
			 assigned from 0 to 25 points based upon objective scoring guidelines published
			 by the Board of Maritime Pilots.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0017 - Reduced License Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Individuals licensed by this Board as pilots for Yaquina Bay
				bar pilotage ground, who anticipate less than full-time employment as pilots,
				may pay a reduced annual license fee of $50.
Stat. Auth.: ORS 776
Stats. Implemented: ORS
				  776.355
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0018 - Pilot Trainee Selection - Columbia River Bar Pilots

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals interested in qualifying as a
			 candidate to train for licensure on the Columbia River Bar pilotage ground
			 shall contact the Board to receive forms and information describing the
			 application, evaluation and selection processes.
(2) Candidates qualified to submit
			 application for Columbia River Bar Pilot Trainee Selection shall first be
			 required to successfully complete a physical agility work-test at a nationally
			 recognized, independent, certified facility designated by the Board. Candidate
			 participation in all further evaluation and selection processes is predicated
			 on successful completion of the physical agility work-test.
(3) Successful completion of a simulator
			 evaluation, administered by a nationally recognized, independent, marine
			 education and training facility designated by the Board. The evaluation is
			 pass/fail.
(4) Trainee selection
			 shall be in accordance with selection criteria and procedures, based upon
			 numerical ranking, promulgated by the Board.
(5) Numerical ranking shall be based upon a
			 point system, with points for providing the following documentation:
(a) Federal license as Master, any ocean, any
			 gross tons (unlimited Master's license) and two years' seatime as Master of an
			 ocean-going merchant ship of no less than 5000 gross tons - 25 points
(b) Signed certification of a 3-day
			 familiarization visit to Astoria -- 10 points
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0019 - Surety Bond or Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 pilot licensed by the Board or on file with the Board as an individual in pilot
			 trainee status shall file with the Board a surety bond in the amount of $250 in
			 the form provided in this rule and underwritten by a surety company authorized
			 to do business in Oregon.
(2) In
			 lieu of the surety bond, a pilot may deposit $250 in cash or cashier's check
			 with the Board as surety of the pilot's obligation under ORS Chapter 776. The
			 Board shall deposit the funds according to the regulations of the state
			 treasurer.
(3) If a pilot fails to
			 pay the sum of $250 into the court in which a suit or action alleging
			 negligence by the pilot has been filed, as required by ORS Chapter 776, the
			 Board shall upon demand make such payment from the funds on deposit, if the
			 pilot has elected such deposit in lieu of presentation of a bond.
(4) Failure to present a bond or maintain on
			 deposit a sum of $250 as surety shall be grounds for revocation of a pilot's
			 license.
(5) When a pilot
			 surrenders his/her license to the Board, and if no suits or actions are pending
			 against the pilot, the Board shall return the bond or the cash deposit upon
			 receipt of the pilot's written request.
(6) Upon expiration of the pilot's license
			 and if no suits or actions are pending against the pilot, the Board shall
			 return the bond or the cash deposit upon receipt of the pilot's written
			 request.
(7) An acceptable form of
			 a bond is hereby made a part of this rule as shown in
Appendix 1
.
			 Copies of the bond may be obtained from the administrator of the
			 Board.
Appendices referenced are available from the
				  agency
Stat. Auth.: ORS 776
Stats. Implemented: ORS
				  776.540
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0020 - Incident Reports; Duties to Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An incident defined as:
(a) An accidental grounding;
(b) An intentional grounding which creates a
			 hazard to navigation, the environment or to the safety of the vessel;
(c) An unintended collision or allision with
			 any object;
(d) Loss of life
			 related to the operation of the vessel;
(e) Serious physical injury related to the
			 operation of the vessel;
(f) Any
			 occurrence resulting in damage to the vessel or other property which may
			 reasonably be expected to be in excess of $25,000, excluding the cost of
			 salvage, cleaning, gas-freeing, drydocking or demurrage; or
(g) Any boarding or unboarding occurrence
			 which places the licensee in peril.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0022 - Incident Investigation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receiving notice that an incident
			 has occurred, the Board member who is a licensee for the pilotage ground where
			 the incident occurred will commence a preliminary investigation as soon as
			 practicable. If the incident involves that Board member, or if that Board
			 member is not available to commence a timely preliminary investigation, then
			 the Board Chair will appoint another Board member to commence the preliminary
			 investigation, in which case the Board Chair will also seek a volunteer from
			 among those who are or have been licensees for the pilotage ground where the
			 incident occurred, to serve as an advisor to the Board member conducting the
			 preliminary investigation.
(2) The
			 Board member conducting the preliminary investigation will, as soon as possible
			 after receiving notice that an incident has occurred, gather sufficient
			 information to form an opinion regarding whether the incident is likely to be a
			 Category I or Category II incident, according to the following criteria:
(a) Category I Incident:
(A) Property damage exceeding $150,000;
			 or
(B) loss of life or serious
			 personal injury (requiring hospitalization); or
(C) allision with a bridge; or
(D) release of more than 50 gallons of oil or
			 other hazardous substance into the water; or
(E) a pilot may have been acting under the
			 influence of drugs or alcohol or there is evidence of gross negligence or
			 willful misconduct; or
(F) any
			 factor that results in substantial, widespread public interest in the
			 incident.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0025 - Failure to Report

Current through Register Vol. 63, No. 7, July 1, 2024
The license of any pilot who fails, neglects, or refuses to
				report to the Board or U.S. Coast Guard, as required by these rules for a
				period of ten days after the date required may be suspended; and if the pilot
				fails to report for a period of 30 days, the pilot shall be
				suspended.
Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS
				  776.115
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0027 - Continuing Professional Development and Safety Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All applications for renewal of an
			 unlimited license after January 1, 2012 shall, within the sixty-three (63)
			 months preceding the expiration date of their license, complete of a minimum of
			 10 days of continuing professional development training, as provided in
			 paragraphs (a) and (b) below.
(a) Each pilot
			 shall satisfactorily complete a five (5) day manned model course at a Board
			 approved manned model facility.
(b) Each pilot shall satisfactorily complete
			 an additional five (5) days of course work, at least one day of which must be
			 Bridge Resources Management for Pilots. All courses must be conducted at an
			 accredited college, maritime academy, U.S. Coast Guard approved training
			 facility or conducted by an expert in a field related to the subject matter of
			 the course. All courses must cover one or more subject matter topics approved
			 by the Board in advance of the course being taken. The Board shall maintain a
			 list of approved topics, which may include, but are not limited to:
(A) Emergency Shiphandling for Pilots,
(B) Advanced Electronic Navigation
			 Systems,
(C) Azipod Controls and
			 Operations with Azipods,
(D)
			 Fatigue, Sleep and Medications for Pilots,
(E) Legal Aspects of Pilotage, including
			 State Statutes and Regulations for Pilots,
(F) Maritime Domain Awareness and Security
			 for Pilots,
(G) Crisis Management
			 and Media Response,
(H) Pilot
			 Self-Assessment Simulation,
(I)
			 Advanced Shiphandling Simulation,
(J) Operation with Tugs for Pilots,
(K) Radar Observer (credit limited
			 to one day per reporting period),
(L) Bridge Resources Management for Pilots,
(M) Train the Trainer.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0028 - Pilot Exchanges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 recommended area for the exchange between the Bar Pilots and River Pilots is
			 upstream of River Mile 15. Failure to complete the exchange at the recommended
			 location will not, by itself, subject a pilot to discipline by the Board, but
			 in the event of an incident in which it is determined that the exchange took
			 place downstream of River Mile 15, the burden will be on the transferee pilot
			 to show that the place of the exchange was not a contributing factor to the
			 incident. For purposes of this section, pilot "exchange" occurs when the
			 transferor pilot relinquishes the conn and the transferee pilot takes the conn
			 of the vessel.
(2) A pilot exchange
			 shall not be completed until the transferor pilot has communicated all
			 information that is, in the opinion of the transferor pilot, necessary for the
			 transferee pilot to continue with the safe navigation of the vessel, and the
			 transferee pilot shall not accept the conn until satisfied that he or she has
			 received sufficient information to continue with the safe navigation of the
			 vessel.
(3) As soon as practicable
			 after boarding a vessel, the pilot shall conduct an information exchange with
			 the vessel's master or other officer apparently in charge. The information
			 exchange shall address those subjects that are, in the pilot's opinion,
			 necessary for safe navigation of the vessel.
Stat. Auth.: ORS 776
Stats. Implemented: ORS
				  776.115
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0029 - Fatigue Mitigation Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pilot organizations shall adopt and maintain fatigue management programs that
			 are based on peer-reviewed science in the fields of occupational or sleep
			 medicine and that, at a minimum:
(a) Limit
			 the number of continuous hours on duty;
(b) Provide off-duty time sufficient for an
			 adequate, continuous sleep opportunity at least once each 24 hour
			 period;
(c) Mitigate cumulative
			 fatigue associated with work during successive circadian low periods;
			 and
(d) Limit the number of
			 successive days on duty.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0031 - Complaint Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 or entity may file a complaint with the Board regarding the conduct of a Board
			 licensee or trainee. Such complaints shall be in writing, and include a
			 detailed explanation of the conduct or events complained of. Anonymous
			 complaints are disfavored, but allowed, provided that an explanation is offered
			 of the reason why the complainant does not wish to be identified. Anonymity may
			 limit the ability of the Board to investigate the complaint, and therefore
			 anonymous complaints should allege facts sufficient to allow the Board, should
			 it choose to investigate as provided in this section, to pursue an
			 investigation without further communications with the complainant.
(2) Each complaint shall be assigned a filing
			 code, and then shall be directed to the Board or a committee designated by the
			 Board Chair, with a copy provided to the licensee or trainee who's conduct is
			 the subject of the complaint. The Board or committee will review each complaint
			 and shall, within 30 days of the date of filing, provide an initial response to
			 the complainant, if identified, and the licensee or trainee, indicating whether
			 an investigation will be undertaken. Every complaint and the Board's or
			 committee's initial response will be announced at the next regularly scheduled
			 meeting of the Board.
(3) If the
			 Board or committee decides that an investigation should be undertaken, the
			 Board or committee shall determine what resources will be necessary to complete
			 the investigation, which may include, but are not limited to, assistance from
			 the Board Executive Director, Board Administrator, independent investigators,
			 or subject matter experts. The Board or committee may proceed with an initial
			 investigation using such resources, provided that the Board may subsequently
			 chose to expand or limit access to such resources.
(4) The Board or committee shall, at each
			 regularly scheduled meeting of the Board, report on the progress of any
			 investigation it has in progress.
(5) When the investigation is complete, the
			 Board shall report in writing, or the committee shall report findings to the
			 Board in writing. The Board shall then determine whether to commence a
			 disciplinary or other action authorized by ORS Chapter 776 or the Board's
			 regulations. A copy of the findings shall be provided to the complainant, if
			 known, and to the licensee or trainee whose conduct was the subject of the
			 investigation.
(6) Nothing in this
			 section is intended to limit the Board's authority to initiate and conduct
			 investigations on the Board's own motion, supported by any basis deemed
			 adequate by the Board.
Statutory/Other Authority: ORS 776 & 670
Statutes/Other Implemented: ORS
				  776.115 &
				  670.310
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0041 - Preventative, Corrective or Remedial Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding any other provision of
			 its regulations, the board may enter into a written agreement with a licensee
			 in lieu of license suspension or revocation proceedings or any other
			 disciplinary alternative. The board may enter into an agreement pursuant to
			 this section if, after the preliminary investigation of an incident or other
			 occurrence is complete, it appears that the licensee, the pilotage system or
			 the public interest will be served by preventative, corrective or remedial
			 action. An agreement between the board and a licensee may include any
			 preventative, corrective or remedial measures including, but not limited to:
(a) Supervised retraining trips for the
			 licensee under the supervision of pilots from the training organization for the
			 pilotage ground;
(b) Completion of
			 computerized simulated ship-handling training, manned model training, radar
			 observer training, or such other training or course work as may be appropriate
			 under the circumstances that is in addition to continuing professional
			 development training required of all licenses;
(c) Counseling relating to the duties and
			 obligations of a pilot; or
(d)
			 Issuance by the board of a letter of warning or concern to the
			 licensee.