Oregon Administrative Rules › Chapter 410 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: MEDICAL ASSISTANCE PROGRAMS › Division 133 - SCHOOL-BASED HEALTH SERVICES › Section 410-133-0120 - Medically Qualified Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 school medical (SM) provider shall furnish covered health services through the
			 medically qualified staff who provide health services within the scope of their
			 licensure. The SM provider shall document the credentials and qualifications,
			 updated periodically, of all medically qualified staff. The SM provider
			 credential file shall document the manner in which the provider checked, and
			 periodically re-checked, the Medicaid provider exclusion list to confirm that
			 the medically qualified staff is eligible to provide health services to
			 Medicaid-eligible students in compliance with provider enrollment agreement
			 attachment OHP 3120. Special education teachers are not recognized as medically
			 qualified staff for these services. See
http://oig.hhs.gov/exclusions/index.asp
.
(2) School-based health services are
			 delivered by providers who meet the federal requirements listed below and who
			 operate within the scope of their health care practitioner's license or
			 certification pursuant to state law as follows:
(a) Evaluation and physical therapy
			 treatments shall be provided by licensed physical therapists that meet the
			 federal requirements of
			 42
			 CFR 440.110 and are licensed by the state
			 Physical Therapist Licensing Board. Licensed physical therapists assistants
			 whose function is to assist the physical therapist in patient-related
			 activities and to perform delegated procedures that are commensurate with the
			 licensed therapist assistant's education and training may provide therapy
			 treatments under the supervision and direction of a state licensed physical
			 therapist within the scope of the health care practitioner's license and
			 accreditation pursuant to state law;
(b) Occupational therapy evaluation and
			 treatments shall be provided by licensed occupational therapists that meet the
			 federal requirements of
			 42
			 CFR 440.110 and are licensed by the state
			 Occupational Therapy Licensing Board. Licensed occupational therapist
			 assistants whose function is to assist the occupational therapist in
			 patient-related activities and to perform delegated procedures that are
			 commensurate with the licensed therapist assistant's education and training may
			 provide therapy treatments under the supervision and direction of a state
			 licensed occupational therapist within the scope of the health care
			 practitioner's license and accreditation pursuant to state law;
(c) Speech therapy evaluation and treatments
			 shall be provided by speech pathologists that meet the federal requirements at
			 42
			 CFR 440.110 and are licensed by the state
			 Board of Examiners for Speech-Language Pathology and Audiology or hold a
			 license issued by the Teacher Standards and Practice Commission (TSPC) prior
			 July 1, 2016, exemption in ORS
			 681.230(4)
			 pursuant to SB287 and hold a Certificate of Clinical Competency from the
			 American Speech-Language-Hearing Association or has completed the equivalent
			 educational requirements and work experience necessary for the certificate or
			 has completed the academic program and is acquiring supervised work experience
			 to qualify for the certificate:
(A) Speech
			 therapy services may be provided by a graduate speech pathologist being
			 supervised in the Clinical Fellowship Year (CFY) and shall be provided in
			 compliance with supervision requirements of the state licensing board and the
			 American Speech-Language-Hearing Association (ASHA);
(B) A Certified Speech-Language Pathology
			 Assistant (SLPA) performing within the scope of practice may provide therapy
			 under the supervision of a state licensed speech-language pathologist within
			 the scope of the health care practitioner's license and accreditation pursuant
			 to state law meeting the requirements for speech pathologist as above described
			 in (c). Excludes services described in OAR 335-095-0040, Qualifications for
			 Supervising Speech-Language Pathology Assistants; see OAR 410-133-0200  Not
			 Covered Services.
(d)
			 Audiology evaluation and services shall be provided by audiologists that meet
			 the federal requirements at
			 42
			 CFR 440.110;
(e) Nurse evaluation and treatments shall be
			 provided by or under the direction of registered nurses (RN) licensed to
			 practice in Oregon by the Oregon State Board of Nursing or nurse practitioners
			 that meet the federal requirements at
			 42 CFR
			 440.166 and are licensed by the Oregon State
			 Board of Nursing to practice in Oregon as a Nurse Practitioner (See Oregon
			 State Board of Nursing Nurse Practice Act, OAR chapter 851 divisions 4547 and
			 Nurse Practitioners, OAR chapter 851 division 050:
(A) Licensed practical nurses (LPN) may
			 participate in the implementation of the plan of care for providing care to
			 clients under the supervision of a licensed registered nurse, nurse
			 practitioner, or physician pursuant to the Oregon State Board of Nursing Nurse
			 Practice Act, OAR divisions 045 and 047;
(B) Treatment may also be provided by a
			 delegated health care aide that is a non-licensed person trained and supervised
			 by a licensed registered nurse (RN) or nurse practitioner (NP) to perform
			 selected tasks of nursing care pursuant to the Oregon State Board of Nursing
			 administrative rules, division 047 of the Nurse Practice Act.
(f) Psychological/mental health
			 evaluations, testing, psychological services and treatments shall be provided
			 by individuals who meet the relevant requirements of their respective
			 professional state licensure as follows:
(A)
			 Psychiatrists must be licensed to practice medicine and surgery in the State of
			 Oregon and possess a valid license from the Oregon Medical Board;
(B) Psychologists must have one of the
			 following: A doctoral degree in psychology obtained from an approved doctoral
			 program in psychology accredited by the American Psychological Association
			 (APA), a doctoral degree in psychology from a program at a college or
			 university that is regionally accredited at the doctoral level that meets the
			 requirements approved by the state Board of Psychologist Examiners (Board) by
			 rule (see OAR Chapter 858 Division 10), and have two years of supervised
			 employment under the direction of a psychologist licensed in Oregon or under
			 the direction of a person considered by the board to have equivalent
			 supervisory competence;
(C)
			 Psychologists associates granted independent status by the Board for authority
			 to function without immediate and direct supervision in compliance with OAR
			 858-010-0039. Until the psychologist associate successfully obtains independent
			 status, the "psychologist associate resident" must not practice without
			 immediate supervision, but must at all times be under the periodic direct
			 supervision of a licensed psychologist or under the direction of a person
			 considered by the board to have equivalent supervisory competency who shall
			 continue to be responsible for the practice of the associate, see OAR
			 858-010-0037 -through 858-010-0039;
(D) Psychologists associates who do not
			 possess a doctoral degree and are deemed competent to perform certain functions
			 within the practice of psychology under the periodic direct supervision of a
			 psychologist licensed by the Board:
(i)
			 Complied with all the applicable provisions of ORS
			 675.010 to
			 675.150;
(ii) Received a master's degree in psychology
			 from a psychology program approved by the Board by rule;
(iii) Completed an internship in an approved
			 educational institution or one year of other training experience acceptable to
			 the Board, such as supervised professional experience under the direction of a
			 psychologist licensed in Oregon or under the direction of a person considered
			 by the Board to have equivalent supervisory competence; and
(iv) Furnishes proof acceptable to the Board
			 of at least 36 months, exclusive of internship, of full-time experience
			 satisfactory to the board under the direct supervision of a licensed
			 psychologist in Oregon or under the direct supervision of a person considered
			 by the Board to have equivalent supervisory competence.
(E) Testing technicians under the supervision
			 of a licensed psychologist. A licensee may delegate administration and scoring
			 of tests to technicians as provided in ORS
			 675.010(4) and
			 OAR 858-010-0002;
(F) Services
			 provided by Clinical Social Work Associate (CSWA) or Licensed Clinical Social
			 Workers (LCSW): Must possess a master's degree from an accredited college or
			 university accredited by the Council on Social Work Education and have
			 completed the equivalent of two years of full-time experience in the field of
			 clinical social work in accordance with rules of the Oregon State Board of
			 Social Workers for a LCSW or whose plan of practice and supervision has been
			 approved by the board for a CSWA working toward LCSW licensure under the
			 supervision of a LCSW for two years of postmasters clinical experience and is
			 licensed by the Board of Licensed Social Workers to practice in Oregon. See
			 Board of Licensed Social Workers, chapter 877, division 20, Rules Applicable to
			 Certification and Licensing.