Oregon Bulletin
Rule
Caption: New definitions and new cancer
reporting requirements.
Adm.
Order No.: PH 13-2011
Filed with Sec. of
State: 12-28-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 11-1-2011
Rules Adopted: 333-010-0032
Rules Amended: 333-010-0000, 333-010-0010, 333-010-0020,
333-010-0030, 333-010-0035, 333-010-0040, 333-010-0050, 333-010-0055,
333-010-0060, 333-010-0070, 333-010-0080
Subject: The Oregon Health Authority, Public Health Division is
permanently amending administrative rules in chapter 333, division 10 related
to cancer reporting. The amendments will amend the cancer reporting regulations
to reflect amendments to ORS 432.500–432.900, and amend the cancer
reporting regulations to: (a) require submission of pathology reports by
clinical laboratories for diagnoses of certain pre-cancerous conditions; (b)
modify patient notification procedures; and (c) expand the provisions for special
studies to include the potential procurement of pathological tissue samples in
connection with public health investigations.
Rules Coordinator: Brittany Sande—(971) 673-1291
333-010-0000
Definitions
(1) “Active follow-up program” means a program for
contacting a caregiver or cancer patient to determine, at least annually,
information including but not limited to the vital status of each case.
(2) “Admitted” means a rendering of any service by the
reporting facility to a patient under the authority or auspices of the
facility’s license under ORS 441.015, including but not limited to routine
admission to the hospital, admission to the emergency room, or receiving
services in an out-patient clinic.
(3) “Authority” means the Oregon Health Authority.
(4) “Cancer reporting facility” means a hospital or
other health care facility in which cancer is diagnosed or treated and is also
one of the following:
(a) A facility currently licensed as a hospital as
defined under the provisions of ORS 442.015(13); or
(b) A facility currently licensed as an ambulatory
surgical center as defined under ORS 442.015(3)(a).
(5) “Central cancer registry” means the Oregon Health
Authority, Public Health Division program authorized to collect, receive, and
maintain cancer data for the entire state and which maintains the system by
which the collected information is reported to the Division.
(6) “Central Registry Cancer Notification Form” means
the form required for health care providers to report a case of reportable
cancer or reportable non-malignant condition.
(7) “Certified tumor registrar” means an individual who
passes the certification examination and is currently certified by the Council
on Certification of the National Cancer Registrars Association.
(8) “Clinical laboratory” means a facility where
microbiological, serological, chemical, hematological, immunohematological,
immunological, toxicological, cytogenetical, exfoliative cytological,
histological, pathological or other examinations are performed on material
derived from the human body, for the purpose of diagnosis, prevention of
disease or treatment of patients by physicians, dentists and other persons who
are authorized by license to diagnose or treat humans.
(9) “Date of diagnosis” means the date of initial
diagnosis by a health care provider for the cancer being reported.
(10) “Division” means the Public Health Division of the
Oregon Health Authority.
(11) “First course of treatment” means all methods of
treatment recorded in the treatment plan and administered to a person with a
case of reportable cancer or reportable non-malignant condition before disease
progression or recurrence, as defined in the American College of Surgeons Commission
on Cancer Facility Oncology Registry Data Standards Manual, 2011.
(12) “Health care provider” means any person whose
professional license allows him/her to diagnose or treat cancer patients.
(13) “Health system cancer registry” means a cancer
registry that includes all reportable cancer cases occurring in the population
served by a health system, whether or not the cases are diagnosed or treated in
the cancer reporting facility.
(14) “OSCaR” means the Oregon State Cancer Registry,
Oregon’s central cancer registry.
(15) “Quality control system” means operational
procedures by which the accuracy, completeness, and timeliness of the
information reported to OSCaR can be determined and improved.
(16) “Reportable cancer” means all malignant neoplasms
including carcinoma in situ, except basal and squamous cell carcinoma of the
skin, carcinoma in situ of the cervix uteri, and CIN III (diagnosed on or after
January 1, 1996), and PIN III (diagnosed on or after January 1, 2001).
(17) “Reportable Cancer Data Items List” means the list
of variables for reportable cancers and reportable non-malignant conditions
reported by cancer reporting facilities following the recommendations of the
Centers for Disease Control and Prevention National Program of Cancer Registries
(“CDC-NPCR”) and further defined by the North American Association of Central
Cancer Registries (“NAACCR”) Data Standards and Data Dictionary, 2011.
(18) “Reportable non-malignant condition” means benign
or borderline tumors of the brain (including the meninges and intracranial
endocrine structures) and central nervous system, diagnosed on or after January
1, 2004.
(19) “Reportable pre-malignant condition” means all
high-grade squamous intraepithelial lesion (CIN 2,3) and adenocarcinoma in situ
(AIS) of the uterine cervix, high-grade squamous intraepithelial lesion of the
vagina and vulva (VAIN 2,3/VIN 2,3), and high-grade squamous intraepithelial
lesion (AIN 2,3) and carcinoma in situ of the anus.
(20) “Special study” means a Division-sponsored project
that explores a particular facet of cancer incidence, morbidity, or mortality
including, but not limited to, exploring hypotheses of disease risk, treatment
options or cancer control authorized under ORS 432.520.
Stat. Auth.: ORS 432.500, 432.510,
432.540
Stats. Implemented: ORS 432.510,
432.520, 432.540
Hist.: HD 2-1996, f. & cert.
ef. 2-29-96; OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11,
cert. ef. 1-1-12
333-010-0010
General Authority
ORS 432.510 directs the Oregon Health Authority to
“establish a uniform, statewide, population-based registry system for the
collection of information determining the incidence of cancer and benign tumors
of the brain and central nervous system and related data. The purpose of the
registry shall be to provide information to design, target, monitor,
facilitate, and evaluate efforts to reduce the burden of cancer and benign
tumors among the residents of Oregon.” ORS 432.510, subsections (a) through (e)
further specify that such efforts may include but are not limited to:
(1) Targeting populations in need of screening or other
cancer control services;
(2) Supporting the operation of hospital registries and
upgrading the care of cancer and benign tumors;
(3) Investigating suspected clusters;
(4) Conducting studies to identify cancer hazards; and
(5) Projecting the benefits or costs of alternative
policies regarding the prevention or treatment of benign tumors or cancer.
Stat. Auth.: ORS 432.510
Stats. Implemented: ORS 432.510
Hist.: HD 2-1996, f. & cert. ef.
2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12
333-010-0020
Reporting Requirements for Cancer
Reporting Facilities
This rule describes the specific requirements for
cancer reporting facilities. Such facilities include inpatient facilities,
outpatient facilities acting under the license of a hospital, ambulatory
surgical centers, and privately owned treatment or diagnostic centers
contracted to and acting as a department of a cancer reporting facility.
(1) Cancer reporting facilities must report to OSCaR
each case of reportable cancer or reportable non-malignant condition, as
defined in OAR 333-010-0000(16) and 333-010-0000(18) respectively, in patients
admitted for diagnosis and/or any part of the first course of treatment for
that cancer. OSCaR will make lists of reportable cancers and reportable
non-malignant conditions available on the Oregon State Cancer Registry website:
www.healthoregon.org/oscar.
(2) Cancer reporting facilities must report cases of
reportable cancer or reportable non-malignant conditions to OSCaR as stipulated
in OAR 333-010-0020(1) within 180 days of the date the case first receives
cancer diagnostic or treatment services at the facility.
(3) Cancer reporting facilities with an active
follow-up program must annually report vital status, date of last patient
contact, and, if available, cancer or tumor status of reportable cancers and
reportable non-malignant conditions to OSCaR.
(4) Cancer reporting facilities must report their cases
of reportable cancer or reportable non-malignant conditions and any follow-up
information to OSCaR in the electronic data exchange format and codes, Record
Type A: Case Abstract, as specified by NAACCR, including the variables
specified in the Reportable Cancer Data Items List. The OSCaR Reportable Data
Items List will be available on the Oregon State Cancer Registry website:
www.healthoregon.org/oscar.
(5) OSCaR shall establish a system of confirmation of
receipt of cases submitted by each cancer reporting facility.
(6) Cancer reporting facilities reporting cases of
reportable cancer or reportable non-malignant conditions to a health system
cancer registry have discharged their reporting responsibilities provided that
the health system registry reports those cases to OSCaR according to the
requirements for cancer reporting facilities.
(7) Cancer reporting facilities may also elect to
contract with a private vendor or contractor to report cases of reportable
cancer and reportable non-malignant conditions to OSCaR as outlined above in
OAR 333-010-0020(1) through (4).
(8) Any cancer reporting facility designated as a Type
A or Type B rural hospital by the Oregon Office of Rural Health, may elect to
meet the cancer reporting requirements by conducting their own identification
of cases of reportable cancer and reportable non-malignant conditions and
mailing a copy of the relevant portions of the medical record for each case to
the central registry. The central registry staff will abstract and report such
cases and bill the hospital for this service at its cost. Type A or Type B
rural hospitals which authorize the central registry to abstract and report
cases have fulfilled their abstracting and reporting requirements under these
rules.
(9) Upon application to OSCaR by a cancer reporting
facility, OSCaR may grant to the facility an extension of time, not to exceed
two years, in which to meet the reporting requirements. Such requests must be
in writing and directed to the Medical Director of OSCaR. On request, the
central registry staff shall provide technical assistance to facilities to meet
the reporting requirements.
(10)(a) If cancer reports from a reporting facility do
not meet reporting requirements, OSCaR shall inform the facility in writing of
the disparity between the facility’s reports and the reporting standards. OSCaR
will then consult with the facility regarding its options for meeting the
reporting standards, as defined in OAR 333-010-0020(1) through (4). Options
shall include, but are not limited to:
(A) Further consultation and training;
(B) Referral to contractors for reporting services;
(C) Provision, at cost, of reporting services by OSCaR.
By selecting this option, cancer reporting facilities will fulfill all
reporting requirements.
(b) If, after a minimum of 30 days from the receipt of
the written notification, the facility cannot meet the reporting requirements,
OSCaR may activate its reporting service for the facility. When activated,
OSCaR may enter the facility, obtain the information and report it in
conformance with the appropriate format and standards. In these instances, the
facility shall reimburse OSCaR or its authorized representative for the cost of
obtaining and reporting the information.
Stat. Auth.: ORS 432.510, 432.520
Stats. Implemented: ORS 432.510,
432.520
Hist.: HD 2-1996, f. & cert.
ef. 2-29-96; OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11,
cert. ef. 1-1-12
333-010-0030
Reporting Requirements for Health
Care Providers
(1) Any health care provider diagnosing a case of
reportable cancer or a reportable non-malignant condition, as defined in OAR
333-001-0000(16) and 333-010-0000(18) respectively, must notify OSCaR of each
such case within 180 days of the diagnosis of the case. OSCaR will make lists
of reportable cancers and reportable non-malignant conditions available on the
Oregon State Cancer Registry website: www.healthoregon.org/
oscar.
(2) Data items required for reporting a case of
reportable cancer or reportable non-malignant condition shall include, but not
be limited to, cancer diagnosis and treatment information, patient
demographics, and health care provider contact information, as specified on the
Central Registry Cancer Notification Form. Copies of the Central Registry
Cancer Notification Form will be available on the Oregon State Cancer Registry
website: www.healthoregon.org/oscar.
(3) Health care providers must comply with one of the
following optional notification methods as may be directed by OSCaR:
(a) Completion and submission (by mail or facsimile) of
the Central Registry Cancer Notification Form; or
(b) An encrypted electronic communication directed to
OSCaR containing the information required by the Central Registry Cancer
Notification Form.
(4) Health care providers need not report any case
admitted to an Oregon reporting facility for:
(a) A diagnosis of a reportable cancer or reportable
non-malignant condition; or
(b) All or any part of the first course of treatment
for that case, providing that admission to the facility occurs within 180 days
of diagnosis.
(5) Health care providers reporting cases of reportable
cancer and reportable non-malignant conditions to a health system cancer
registry have discharged their reporting responsibilities provided that the
health system cancer registry reports those cases to OSCaR according to the
requirements for cancer reporting facilities.
(6) If a health care provider fails to notify OSCaR of
cases of reportable cancer and reportable non-malignant conditions according to
the standards and format prescribed for health care providers, OSCaR may inform
the health care provider in writing of the disparity between the health care
provider’s reporting performance and the reporting standards and consult with the
health care provider regarding methods for bringing the health care provider’s
reporting performance into compliance with the reporting standards.
(7) If OSCaR does not receive information from another
source completing the information required for a case of reportable cancer or
reportable non-malignant condition submitted by a health care provider, or if
OSCaR learns of an unreported case for which the health care provider has
reporting responsibility but of which the central registry has not been
notified by the health care provider, OSCaR may notify the health care provider
of the missing information or case and the health care provider must, within 30
days, submit requested additional information to OSCaR. In the alternative,
OSCaR may contact the health care provider and schedule a time to abstract the
necessary data from the health care provider’s records. The health care
provider must provide access to those portions of a patient’s medical record
which provide data for the items specified in the Reportable Cancer Data Items
List. In these instances, the health care provider must reimburse OSCaR or its
authorized representative for the cost of obtaining and reporting the
information.
(8) OSCaR shall establish a system of confirmation of
receipt of cases submitted by health care providers.
Stat. Auth.: ORS 432.510, 432.520
Stats. Implemented: ORS 432.510,
432.520
Hist.: HD 2-1996, f. & cert.
ef. 2-29-96; OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11,
cert. ef. 1-1-12
333-010-0032
Reporting Requirements for
Clinical Laboratories
(1)
Clinical laboratories must report to OSCaR all cases with test results
indicative of and specific for a reportable cancer or reportable non-malignant
condition, as defined in OAR 333-010-0000(16) and 333-010-0000(18)
respectively, (“Cancer Pathology Reports”) in accordance with the following
provisions. Clinical laboratories must submit all Cancer Pathology Reports to
OSCaR using the electronic data exchange format and codes set forth in the
guidelines for Pathology Laboratory Electronic Reporting issued by the North
American Association of Central Cancer Registries (“NAACCR”), unless reported
to a health system cancer registry. The NAACCR Guidelines for Pathology
Laboratory Electronic Reporting are available from OSCaR.
(2) Clinical laboratories must also report to OSCaR all
cases with biopsies (excluding cytologic tests) indicative of and specific for
a reportable pre-malignant condition, as defined in OAR 333-010-0000(16), in an
electronic format mutually agreed to by OSCaR and the clinical laboratory.
These reports must include (if available to the clinical laboratory):
(a) Name, address, and telephone number of the
physician listed on the lab order;
(b) Name, address, and telephone number of the
reporting laboratory;
(c) Patient name, gender, address (if available), birth
date, race/ethnicity;
(d) Primary site and type of cancer-related condition; and
(e) Date of diagnosis.
(3) OSCaR will make lists of reportable cancers,
reportable non-malignant conditions, and reportable pre-malignant conditions
available on the Oregon State Cancer Registry website:
www.healthoregon.org/oscar. If a clinical laboratory fails to submit the
required cancer pathology reports or reports of pre-malignant conditions to
OSCaR according to the standards and format prescribed, OSCaR may inform the
laboratory in writing of the disparity between the laboratory’s reporting performance
and the reporting standards and consult with the laboratory regarding methods
for bringing the clinical laboratory’s reporting performance into compliance
with the reporting standards.
(4) If a clinical laboratory is not able to submit
cancer pathology reports or reports of pre-malignant conditions electronically,
OSCaR may authorize the clinical laboratory to report by mail or facsimile for
a limited period of time to be specified by OSCaR.
(5) OSCaR shall establish a system of confirmation of
receipt of cancer pathology reports and reports of pre-malignant conditions
submitted by clinical laboratories.
Stat. Auth.: ORS 432.510, 432.520
Stats. Implemented: ORS 432.510,
432.520
Hist.: PH 13-2011, f. 12-28-11,
cert. ef. 1-1-12
333-010-0035
Patient Notification Requirement
This rule describes the process for notifying patients
that information about a reportable cancer has been reported to OSCaR.
(1) OSCaR may, but is not required to notify patients
that information about a diagnosis of reportable cancer has been included in
the registry. OSCaR may make a determination, based on budgeting constraints or
otherwise, to curtail patient notification activities.
(2) Information to be provided to patients. The
notification to the patient shall include the following information about the
purposes of the registry and the protection of confidentiality:
(a) That Oregon statute requires that every cancer
newly diagnosed in Oregon, or in an Oregon resident, be reported to the Oregon
State Cancer Registry maintained by the Oregon Health Authority;
(b) That information reported to the Authority includes
the type and characteristics of the cancer, details of the diagnosis and
treatment given, and patient demographic information;
(c) That the information is used to understand how
cancer affects the population in Oregon, to design and implement prevention and
control programs, and for research;
(d) That the information is confidential and no
identifiable information about the patient can be released to anyone unless
very strict requirements, as provided by law, are met;
(e) If those specific requirements, as provided by law,
are met, researchers may be allowed to contact patients to offer them the
opportunity to participate in research projects. Any invitation to participate
in research is always voluntary and may be freely declined; and
(f) That the researcher shall first notify the
patient’s physician regarding the patient’s participation in a research
project, unless the patient specifies to OSCaR that their name never be
released for any research purpose.
Stat. Auth.: ORS 432.500
Stats. Implemented: ORS
432.500–432.900
Hist.: OHD 7-1998, f. 7-14-98,
cert. ef. 8-1-98; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12
333-010-0040
Quality Standards
The usefulness of OSCaR data is directly dependent upon
the accuracy, completeness, and timeliness of the data available in its
database. ORS 432.510(5) directs the Oregon Health Authority to establish a
quality control program for the data reported to the state registry. In order
to assess these aspects of quality for cancer reporting, the central registry
will institute a program of continuous quality improvement.
(1) The continuous quality improvement system must
include, but is not limited to, coding edits, completeness audits or checks,
reabstracting audits, and data analysis techniques to estimate data accuracy,
validity, and reliability.
(2) For the purpose of assuring the accuracy and completeness
of reported data, OSCaR shall have the right to periodically review all records
that would identify cases of reportable cancer and reportable non-malignant
conditions or would establish characteristics of the cancer, treatment of the
cancer or the medical status of any identified cancer patient. OSCaR will
provide advance notification of a minimum of 30 days, to allow time for the
reporting sources to prepare records for review.
(3) The collection of cancer data from cancer reporting
facilities, including data collection performed by OSCaR staff, must be
performed either by certified tumor registrars or by staff knowledgeable about
the following, as recommended by the American College of Surgeons, Commission
on Cancer:
(a) Cancer as a disease process;
(b) General anatomy and physiology;
(c) Cancer epidemiology and statistics;
(d) Casefinding procedures; and
(e) Basic coding and staging schemes.
(4) A cancer reporting facility must report a minimum
of 98 percent of the cases reportable by that facility for any calendar year in
order to meet the requirement of these rules.
(5) The item-specific agreement rate of reported data
from a cancer reporting facility with the information in the facility’s medical
record must not be less than 95 percent for those data items identified in the
OSCaR Reportable Data Items list as quality control items.
(6) A cancer reporting facility must submit 98 percent
of reportable cases to the central cancer registry within 180 days of either:
(a) The date of diagnosis; or
(b) The date of admission for receipt of any part of
the first course of treatment provided in that facility, whichever is later.
(7) A health care provider must submit a minimum of 95
percent of reportable cases to the central cancer registry within 180 days of
the date of diagnosis.
Stat. Auth.: ORS 432.510
Stats. Implemented: ORS 432.510
Hist.: HD 2-1996, f. & cert.
ef. 2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12
333-010-0050
Confidentiality and Access to Data
(1) All identifying information regarding individual
patients, cancer reporting facilities, clinical laboratories, and health care
providers reported pursuant to ORS 432.510 and 432.520, OAR 333-010-0020,
333-010-0030 and 333-010-0032 shall be confidential and privileged. Except as
required in connection with the administration or enforcement of public health
laws or rules, no public health official, employee, or agent shall be examined
in an administrative or judicial proceeding as to the existence or contents of
data collected under the cancer registry system.
(2) The information collected and maintained by OSCaR
must be stored in secure locations, must be used solely for the purposes stated
in ORS 432.510 and 432.520 and must not be further disclosed unless required by
law, with the following exceptions:
(a) When OSCaR has entered into reciprocal cooperative
agreements with other states to exchange information on resident cases, as
provided for in ORS 432.540. Such agreements must provide for obtaining data on
Oregon resident cases diagnosed or treated out of state, and for reciprocal
rights of other states to receive information on residents of those states
diagnosed or treated in Oregon. Before entering into an agreement with any
other state, OSCaR must determine that the other state has comparable
confidentiality protections;
(b) When disclosure to officers or employees of
federal, state, or local government public health agencies is necessary to
investigate or avoid a clear and immediate danger to other individuals or to
the public generally;
(c) When the Authority elects to contract with another
agency for performance of a registry function the Authority will require the
contractor to agree to use the information only for the purposes of the central
cancer registry, to maintain the information securely, and to protect the
information from unauthorized disclosure as referred to in OAR 333-010-0050(1).
Before entering into any contract with another agency the Authority must
determine the agency has comparable confidentiality protections; and
(d) When the Authority deems that the information is
necessary for others to conduct research in conformance with the purposes for
which the data are collected.
(3) Cancer reporting facilities shall have access to
confidential and privileged data on any case submitted by that facility. When a
patient has been seen for care of a case of cancer by multiple cancer reporting
facilities, OSCaR may share information on treatment and follow-up among the
facilities, provided that all participating facilities have signed agreements
with OSCaR to do so.
(4) Health care providers shall have access to
confidential and privileged data on any case submitted by that health care
provider. When a patient has been seen for care of a case of cancer by multiple
health care providers, OSCaR may share information on treatment and follow-up
among the health care providers, provided that all participating health care
providers have signed agreements with OSCaR to do so.
Stat. Auth.: ORS 432.510, 432.520
Stats. Implemented: ORS 432.530,
432.540
Hist.: HD 2-1996, f. & cert.
ef. 2-29-96; OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11,
cert. ef. 1-1-12
333-010-0055
Research Studies
(1) Requirements for Research Studies. Before any confidential
data may be disclosed to a researcher, OSCaR must:
(a) Approve a submitted protocol for the proposed
research, which describes how the research will be used to determine the
sources of cancer among the residents of Oregon or to reduce the burden of
cancer in Oregon, in accordance with ORS 432.510 and OAR 333-010-0010;
(b) Agree that the data requested are necessary for the
effective and efficient conduct of the study;
(c) Approve the researcher’s submitted protocol and
procedures for:
(A) Identifying patients to be contacted;
(B) Protecting against inadvertent disclosure of
confidential and privileged data;
(C) Providing secure conditions to use and store the
data;
(D) Assuring that the data will only be used for the
purposes of the study; and
(E) Assuring that confidential and privileged data will
be destroyed upon conclusion of the research;
(d) Determine that the researcher has access to
sufficient resources to carry out the proposed research before releasing any
confidential data;
(e) Facilitate appropriate review of the research,
including peer review for scientific merit, and review by the body used by the
Authority as the Committee for the Protection of Human Research Subjects and
established in accordance with 45 C.F.R. 46; and
(f) Determine the need for and require the researcher
to implement other safeguards which, in the judgment of OSCaR, may be necessary
for protecting confidential and privileged data from inadvertent disclosure due
to unique or special characteristics of the proposed research.
(2) Contacting Patients for Research. As outlined in
OAR 333-010-0035(2)(e) & (f), participation in research is voluntary and
patients may choose whether or not they want to participate in research
studies.
(a) Before disclosing confidential patient information
to a researcher, OSCaR must determine whether any of the patients meeting the
criteria for the research study have previously informed OSCaR that they do not
wish to participate in research. Such patients will be excluded from the list of
patients provided to the researcher or contacted by OSCaR regarding research.
(b) Unless OSCaR determines it to be impracticable,
OSCaR and/or the researcher must contact the patient’s current treating
physician to inform them of the study prior to any contact with a patient. In
situations where the treating physician of record is no longer the patient’s
physician, OSCaR and/or the researcher must make a good faith effort to find
the patient’s current physician.
(c) When contacted, the patient’s physician must be
informed of the study and the identity of the eligible patient. Within three
weeks the physician must:
(A) Agree that direct contact by the researcher would
be appropriate; or
(B) Indicate the presence of a medical, psychological
or social situation in the patient’s life that would make contact inappropriate
at that time. The physician is under no obligation to disclose the specifics of
the medical, psychological or social situation.
(d) If a researcher does not receive a response from the
physician within one month, the researcher may contact the patient directly.
(e) Researchers are strictly prohibited from
redisclosing patient names or other confidential information to other
researchers, individuals, or institutions not specifically identified in the
approved study protocol as outlined above.
Stat. Auth.: ORS 432.510, 432.530,
432.540
Stats. Implemented: ORS 432.510,
432.530, 432.540
Hist.: OHD 7-1998, f. 7-14-98,
cert. ef. 8-1-98; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12
333-010-0060
Special Studies
(1) From time to time, OSCaR may elect to conduct
special studies of cancer mortality, morbidity, treatment options and cancer
control. OSCaR is specifically authorized to obtain any information which may
apply to a patient’s reportable cancer or reportable non-malignant condition,
and which may be found in the medical record of the patient under ORS 432.510
and 432.520. Upon request, the health care provider or health care facility
must provide the requested information to OSCaR or provide OSCaR personnel
access to the relevant portions of the medical records. Neither OSCaR nor the
record holder shall bill the other for the cost of providing or obtaining this
information.
(2) If, in the conduct of a special study, OSCaR
identifies a need for access to pathological specimens that have been collected
in connection with a case, OSCaR must make a written request to the clinical
laboratory or the cancer reporting facility with which the clinical laboratory
is affiliated for the purpose of making arrangements for the procurement of
such pathological specimens upon mutually agreeable terms.
Stat. Auth.: ORS 432.510, 432.520
Stats. Implemented: ORS 432.510,
432.520
Hist.: HD 2-1996, f. & cert.
ef. 2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12
333-010-0070
Advisory Committee
The Authority shall appoint an advisory committee to
review the operations of the central registry and to make recommendations
regarding registry policy, and to review research protocols for which
confidential and privileged data are requested. The composition of the advisory
committee must generally represent those with a professional or personal
interest in cancer.
Stat. Auth.: ORS 432.510, 432.520
Stats. Implemented: ORS 432.510
Hist.: HD 2-1996, f. & cert.
ef. 2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12
333-010-0080
Training and Consultation
The Authority shall provide annual continuing education
for interested persons involved in cancer registry reporting. Continuing
education content must include, but is not limited to, cancer diagnosis and
management, epidemiology and statistics, and hardware and software registry
applications. The central registry staff must supplement the continuing
education with one-on-one consultations to assist cancer reporting facilities and
health care providers as needed in meeting the reporting requirements.
Stat. Auth.: ORS 432.510
Stats. Implemented: ORS 432.510
Hist.: HD 2-1996, f. & cert.
ef. 2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12
Rule
Caption: Vaccine stewardship, requiring
storage/handling/administration training; changing ALERT IIS data use and
reporting requirements.
Adm.
Order No.: PH 14-2011
Filed with Sec. of
State: 12-28-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 11-1-2011
Rules Adopted: 333-047-0010, 333-047-0030, 333-047-0040, 333-047-0050
Rules Amended: 333-049-0010, 333-049-0040, 333-049-0050,
333-049-0065, 333-049-0070, 333-049-0090
Subject: The Oregon Health Authority, Public Health Division,
Office of Family Health is permanently adopting rules in chapter 333, division
47. These rules outline the training requirements for any entity who receives
vaccine from the Oregon Health Authority’s Immunization Program, including
training in clinical administration of vaccine, and vaccine storage and
handling.
The Authority is
also permanently amending rules in chapter 333, division 49 to clarify Oregon
ALERT Immunization Information System (IIS) data use protocols, while also
documenting the data elements and timelines for data submission for all
entities receiving state-supplied vaccine.
Rules Coordinator: Brittany Sande—(971) 673-1291
333-047-0010
Definitions Used in the Vaccine
Accountability Rules
(1) All definitions of ORS 433.090 and 433.235 apply to
these rules.
(2) In addition to the definitions of ORS 433.090 and
433.235, the following definitions apply:
(a) “Authority” means the Oregon Health Authority.
(b) “Certify” means to attest, in writing, on a form
prescribed by the Oregon Health Authority that at least two employees, owners
or partners have completed required vaccine-related trainings as provided or
approved by the Oregon Health Authority.
(c) “Entity” means a health clinic or provider,
pharmacy or pharmacist who receives state-supplied vaccine.
(d) “Oregon Immunization Program” means the Oregon
Health Authority, Public Health Division, Immunization Program.
(e) “Public Health Division” means the Oregon Health
Authority, Public Health Division.
(f) “Receives vaccines” means an entity is supplied with
vaccines by the Oregon Immunization Program, including vaccines acquired with
federal and state funds, including the Vaccines for Children Program (VFC), the
Section 317 Vaccine Program, state Special Project vaccine, and state Billable
Project vaccine.
(g) “State supplied vaccine” means vaccine provided by
the federal government or the Oregon Immunization Program.
(h) “State-supplied Vaccine User Vaccine Accountability
Reporting Requirements and Timelines” means the schedule of reporting timelines
found in the Vaccine User Accountability Reporting Table of OAR 333-047-0050.
Stat. Auth.: HB 2371 (OL 2011, ch.
362)
Stats. Implemented: HB 2371 (OL
2011, ch. 362)
Hist.: PH 14-2011, f. 12-28-11,
cert. ef. 1-1-12
333-047-0030
Training
(1) Any entity receiving state supplied vaccine shall
require that at least two currently employed staff persons, owners or partners
complete immunization related training at least once every two years as
follows:
(a) Clinical administration of vaccines; and
(b) Storage, handling and inventory management of
vaccines.
(2) An entity shall provide Authority staff with
written documentation that it has met the requirements of section (1) of this
rule or that it is exempt from training upon request or at every official
Vaccines for Children site visit.
(3) An entity receiving state-supplied vaccine is
responsible for retaining documentation that at least two currently employed
staff persons, owners, or partners have completed the required clinical
administration and vaccine management training course at least once every two
years.
(4) The Authority will make available to entities
no-cost internet based training available in on-demand format.
(5) Web-based training will include an official
certification receipt for staff meeting competence standards.
(6) The Authority will exempt an entity from the
training requirement in section (1) of this rule if an entity demonstrates to
the satisfaction of the Authority that it, or that a licensing board with
jurisdiction over some employees of the entity, requires training that is
substantially similar to the training available from the Authority. An entity
may submit a request for an exemption on a form prescribed by the Authority.
(7) The training requirements required by section (1)
of this rule are effective January 1, 2013.
Stat. Auth.: HB 2371 (OL 2011, ch.
362)
Stats. Implemented: HB 2371 (OL
2011, ch. 362)
Hist.: PH 14-2011, f. 12-28-11,
cert. ef. 1-1-12
333-047-0040
Accounting for Vaccine
Any entity receiving state supplied vaccine shall
account for vaccines through data submission and inventory management via the
Authority’s Immunization Registry, as outlined in OAR 333-049-0010 through
333-049-0050. (See the Vaccine User Accountability Reporting Table, OAR 333-047-0050).
[ED. NOTE: Tables referenced are
available from the agency.]
Stat. Auth.: HB 2371 (OL 2011, ch.
362)
Stats. Implemented: HB 2371 (OL
2011, ch. 362)
Hist.: PH 14-2011, f. 12-28-11,
cert. ef. 1-1-12
333-047-0050
Timeline for Reporting
An entity receiving state supplied vaccine shall submit
vaccine accounting information required under OAR 333-047-0040 according to the
schedule set out in the Vaccine User Accountability Reporting Table.
[ED. NOTE: Tables referenced are
available from the agency.]
Stat. Auth.: HB 2371 (OL 2011, ch.
362)
Stats. Implemented: HB 2371 (OL
2011, ch. 362)
Hist.: PH 14-2011, f. 12-28-11,
cert. ef. 1-1-12
333-049-0010
Definitions
(1) All definitions of ORS 433.090 and 433.235 apply to
these rules.
(2) In addition to the definitions of ORS 433.090 and
433.235, the following definitions apply:
(a) “Authorized user” has the meaning as defined in ORS
433.090(1).
(b) “Client” has the meaning as defined in ORS
433.090(3).
(c) “Exempt” means the special status of information on
certain clients that will limit its disclosure.
(d) “Manager” means the manager of the statewide
immunization registry or his/her designee.
(e) “Oregon Immunization Program” means the Oregon
Health Authority, Public Health Division, Immunization Program.
(f) “Public Health Division” means the Oregon Health
Authority, Public Health Division.
(g) “State Public Health Division Timelines” means the
schedule of reporting timelines shown in the Vaccine User Accountability
Reporting Table (OAR 333-047-0050), detailing data elements required and when
each element must be included for submission.
(h) “State supplied vaccine” means vaccine provided by
the federal government or the Oregon Immunization Program.
Stat. Auth.: ORS 433.100
Stats. Implemented: ORS 433.100
Hist.: HD 6-1996(Temp), f. &
cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f.
& cert. ef. 7-12-01, Renumbered from 333-019-0100; PH 6-2008, f. &
cert. ef. 3-17-08; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12
333-049-0040
Collection and Release of
Information
(1) The manager may collect information for a client’s
immunization record from any authorized user. Such information to be collected
shall be determined by the manager and provided to the registry on forms or in
a format provided by the manager.
(2) The manager may collect information for a client’s
tracking and recall record from any authorized user. Information to be
collected includes such information necessary to send reminder cards to, place
telephone calls to, or personally contact the client or the parent or the
guardian of a client. Such information shall be determined by the manager and
provided to the tracking and recall system on forms or in a format provided by
the manager.
(3) The manager may receive information from other
registries and may share information with other such registries, provided that
the manager makes a determination that other registries have confidentiality
protection at least equivalent to those under ORS 433.090 through 433.102 and
these rules. The manager shall prescribe the information that may be shared and
the forms for sharing information to and from other registries.
(4) The manager may request information to determine
the name of any person and information on contacting the person or such
person’s parent or guardian in order to notify them about the existence of the
registry. The manager may seek information on persons in the state who have not
enrolled in the registry through contacting other state agencies, and other
appropriate organizations that have access to such information.
(5) The manager may release and publish information in
the registry in an aggregate form that does not identify a client.
Stat. Auth.: ORS 433.096, 433.094
& 432.119
Stats. Implemented: ORS 433.096
& 433.094
Hist.: HD 6-1996(Temp), f. &
cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f.
& cert. ef. 7-12-01, Renumbered from 333-019-0115; PH 6-2008, f. &
cert. ef. 3-17-08; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12
333-049-0050
Reporting to the Immunization
Registry
(1) Any provider who participates in the registry and
who administers immunizations identified by the manager shall report such
immunization to the registry within 14 calendar days of such immunization.
(2) Any pharmacist who immunizes must report all
immunizations administered to the registry.
(3) Reports shall be submitted to the registry in a
manner and on such forms as required by the manager. Such forms shall be
provided by the manager.
(4) Any authorized user may report immunizations, and
other such information, permitted under ORS 433.090(3) and (5), as prescribed
by the manager, to the registry without the consent of the client or the parent
or guardian of the client. Reporting this information without the consent
mentioned above shall not subject a person to liability or civil action.
(5) Any authorized user who administers state-supplied
vaccine must report in a manner prescribed by the Authority the following data
elements for all administered doses to the Statewide Immunization Registry in
accordance with Public Health Division timelines in the Vaccine User
Accountability Reporting Table (OAR 333-047-0050):
(a) The name, address, phone number, gender, and date
of birth of a client;
(b) The date of administration of the vaccine;
(c) The CPT, CVX, or NDC code of the vaccine
administered;
(d) The dose-level vaccine eligibility code;
(e) The organizational identifier of the administering
or reporting clinic or site;
(f) The lot number of the vaccine;
(g) The dose amount and manufacturer of the vaccine,
when available; and
(h) Other data elements as specified by the Public
Health Division.
(6) Any authorized user who administers state-supplied
vaccine shall utilize, in accordance with OAR 333-047-0050:
(a) The ordering module for ordering state-supplied
vaccines; and
(b) The inventory module for tracking public or public
and private vaccine supply.
[ED. NOTE: Tables referenced are
available from the agency.]
Stat. Auth.: ORS 433.096, ORS
689.645, HB 2371 (OL 2011, ch. 362)
Stats. Implemented: ORS 433.096,
ORS 689.645, HB 2371 (OL 2011, ch. 362)
Hist.: HD 6-1996(Temp), f. &
cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f.
& cert. ef. 7-12-01, Renumbered from 333-019-0120; PH 6-2008, f. &
cert. ef. 3-17-08; PH 24-2010, f. & cert. ef. 9-30-10; PH 14-2011, f.
12-28-11, cert. ef. 1-1-12
333-049-0065
Fees
For the purpose of implementing ORS 433.090 through
433.104 fees may be charged in accordance with this rule:
(1) Fees may be charged to authorized users including,
but not limited to, the following: health plans, health provider associations,
private or non-profit institutions, other state registries, federal health
agencies or their contractors.
(2) Fees shall not be charged to the following users:
individual health care providers and clinics, Oregon schools, Oregon children’s
facilities, Oregon hospitals or the Oregon Health Authority, Division of
Medical Assistance Programs.
(3) Fees may be waived at the discretion of the ALERT
Manager or the Oregon Health Authority Immunization Program Manager in
accordance with Immunization Policy.
(4) Unless waived, or exempt under subsection (2) of
this rule, a fee of $10 per client shall be charged to each authorized user for
each client specific immunization data request.
(5) A request for client specific data shall be
responded to only when made by an authorized user for information about a
client under its care or by a public health entity for clients within its
jurisdiction. Requests from persons other than authorized users or from
authorized users for data beyond that of a specific patient(s) under its care
or within the public health entity’s jurisdiction will be considered on a case
by case basis in the interests of public health practice and may be responded
to only with aggregate/de-identified data.
Stat. Auth.: ORS 433.100
Stats. Implemented: ORS 433.100
Hist.: PH 6-2005, f. & cert.
ef. 4-13-05; PH 6-2008, f. & cert. ef. 3-17-08; PH 14-2011, f. 12-28-11,
cert. ef. 1-1-12
333-049-0070
Limitations on Access to
Information in the Immunization Registry and Tracking and Recall System
(1) An authorized user may only access information in
the Registry or Tracking and Recall System as follows:
(a) An authorized user may access information on a
client who is presently under that authorized user’s care, or enrolled in the
authorized user’s children’s facility, school, post-secondary educational
institution, program or health plan, except as otherwise provided by law.
(b) An authorized user that is a state or local public
health authority may, in addition to accessing information described in
subsection (1)(a) of this rule, access information on an individual within a
public health entity’s jurisdiction for:
(A) Assessment, evaluation, surveillance and outreach
related to immunization promotion and vaccine-preventable disease prevention;
and
(B) The Pregnancy Risk Assessment Monitoring System
(PRAMS).
(2) The manager may monitor and audit all access to a
client’s record contained in the registry.
(3) The manager may require any person who has accessed
a client’s record to provide evidence that such client was under the care of
the person or enrolled in the person’s post-secondary educational institution,
school, children’s facility, program or health plan at the time the client’s
record was accessed.
(4) The Public Health Division may report violations of
these rules by any authorized user who has accessed a client’s record to the
appropriate licensing or regulatory authority.
Stat. Auth.: ORS 433.098
Stats. Implemented: ORS 433.098
Hist.: HD 6-1996(Temp), f. &
cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f.
& cert. ef. 7-12-01, Renumbered from 333-019-0130; PH 6-2008, f. &
cert. ef. 3-17-08; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12
333-049-0090
Notification of Needed
Immunizations, Hearing Screening, or Lead Screening
(1) The manager, authorized user, or public health
entity may contact or provide notice to clients or parents and guardians of
clients less than 18 years of age when the tracking and recall system indicates
that a client has missed:
(a) A scheduled immunization;
(b) Lead screening; or
(c) Hearing screening for clients zero through 12 years
of age.
(2) The manager, authorized user, or public health
entity may also notify the client’s provider of last record of the client’s
needed immunizations, hearing screening, or lead screening. Notification shall
be in such form as prescribed by the manager.
Stat. Auth.: ORS 433.096
Stats. Implemented: ORS 433.096
Hist.: HD 6-1996(Temp), f. &
cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f.
& cert. ef. 7-12-01, Renumbered from 333-019-0140; PH 6-2008, f. &
cert. ef. 3-17-08; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12
Rule
Caption: Update of rules pertaining to
licensure of Emergency Medical Services Providers.
Adm.
Order No.: PH 15-2011
Filed with Sec. of
State: 12-28-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 11-1-2011
Rules Amended: 333-265-0000, 333-265-0010, 333-265-0012,
333-265-0014, 333-265-0015, 333-265-0016, 333-265-0018, 333-265-0020,
333-265-0022, 333-265-0023, 333-265-0025, 333-265-0030, 333-265-0040,
333-265-0050, 333-265-0060, 333-265-0070, 333-265-0080, 333-265-0083, 333-265-0085,
333-265-0087, 333-265-0090, 333-265-0100, 333-265-0105, 333-265-0110,
333-265-0140, 333-265-0150, 333-265-0160, 333-265-0170
Subject: The Oregon Health Authority, Public Health Division,
Emergency Medical Services and Trauma Systems program is permanently amending
Oregon Administrative Rules, chapter 333, division 265 pertaining to emergency
medical services providers, to streamline and clarify rules, address
requirements for training, testing and licensure of emergency medical services
providers, to comply with SB 234 passed during the 2011 legislative session,
and to implement upcoming curriculum changes and certification levels.
Rules Coordinator: Brittany Sande—(971) 673-1291
333-265-0000
Definitions
(1) “Advanced Emergency Medical Technician (AEMT or
Advanced EMT)” means a person who is licensed by the Authority as an Advanced
Emergency Medical Technician.
(2) “Ambulance Service” means any person, governmental
unit, corporation, partnership, sole proprietorship, or other entity that
operates ambulances and holds itself out as providing pre-hospital care or
medical transportation to sick, injured or disabled persons.
(3) “Authority” means the Emergency Medical Services
and Trauma Systems Program, within the Oregon Health Authority.
(4) “Business day” is any day, Monday through Friday,
from 8:00 a.m. to 5:00 p.m., except legal state holidays.
(5) “Candidate” means an applicant that has completed
training in an Emergency Medical Services Provider course and has not yet been
licensed by the Authority.
(6) “Clinical Experience (Clinical)” means those hours
of the curriculum that synthesize cognitive and psychomotor skills and are
performed under a preceptor.
(7) “Continuing Education” means education required as
a condition of licensure under ORS chapter 682 to maintain the skills necessary
for the provision of competent pre-hospital care. Continuing education does not
include attending EMS related business meetings, EMS Exhibits or Trade Shows.
(8) “Didactic Instruction” means the delivery of
primarily cognitive material through lecture, video, discussion, and simulation
by program faculty.
(9) “Direct Medical Oversight” means real-time direct
communication by a physician who is providing direction to an Emergency Medical
Services Provider during a patient encounter.
(10) “Direct Visual Supervision” means that a person
qualified to supervise is at the patient’s side to monitor the Emergency
Medical Services Provider in training.
(11) “Emergency Care” means the performance of acts or
procedures under emergency conditions in the observation, care and counsel of
the ill, injured or disabled; in the administration of care or medications as
prescribed by a licensed physician, insofar as any of these acts is based upon
knowledge and application of the principles of biological, physical and social
science as required by a completed course utilizing an approved curriculum in
pre-hospital emergency care. However, “emergency care” does not include acts of
medical diagnosis or prescription of therapeutic or corrective measures.
(12) “EMS” means Emergency Medical Services.
(13) “EMS Medical Director” has the same meaning as
“Supervising Physician” in ORS 682.025.
(14) “Emergency Medical Responder (EMR)” means a person
who is licensed by the Authority as an Emergency Medical Responder.
(15) “Emergency Medical Services (EMS) Agency” means
any person, partnership, corporation, governmental agency or unit, sole
proprietorship or other entity that utilizes Emergency Medical Services
Providers to provide pre-hospital emergency or non-emergency care. An emergency
medical services agency may be either an ambulance service or a nontransporting
service.
(16) “Emergency Medical Services Provider (EMS
Provider)” means a person who has received formal training in pre-hospital and
emergency care and is state-licensed to attend to any ill, injured or disabled
person. Police officers, fire fighters, funeral home employees and other
personnel serving in a dual capacity, one of which meets the definition of
“emergency medical services provider” are “emergency medical services
providers” within the meaning of ORS Chapter 682.
(17) “Emergency Medical Technician (EMT)” means a
person who is licensed by the Authority as an Emergency Medical Technician.
(18) “EMT-Basic” has the same meaning as Emergency
Medical Technician.
(19) “EMT-Intermediate” means a person who is licensed
by the Authority as an EMT-Intermediate.
(20) “EMT-Paramedic” has the same meaning as Paramedic.
(21) “Exam Evaluator” is a person who attends an EMS
Provider practical examination and who objectively observes and records each
student’s performance consistent with the standards of the National Registry of
EMTs.
(22) “First Responder” has the same meaning as
Emergency Medical Responder.
(23) “In Good Standing” means a person who is currently
licensed in Oregon, who does not have any restrictions placed on his or her
license, or who is not on probation with the licensing agency for any reason.
(24) “Key party” means immediate family members and
others who would be reasonably expected to play a significant role in the
health care decisions of the patient or client and includes, but is not limited
to, the spouse, domestic partner, sibling, parent, child, guardian and person
authorized to make health care decisions of the patient or client.
(25) “Licensing Officer” is a person who is responsible
for conducting an Emergency Medical Technician (EMT) or EMT-Intermediate
practical examination in a manner consistent with the standards of the National
Registry for EMTs and the Authority.
(26) “Non-Emergency Care” means the performance of acts
or procedures on a patient who is not expected to die, become permanently
disabled or suffer permanent harm within the next 24-hours, including but not
limited to observation, care and counsel of a patient and the administration of
medications prescribed by a physician licensed under ORS chapter 677, insofar
as any of those acts are based upon knowledge and application of the principles
of biological, physical and social science and are performed in accordance with
scope of practice rules adopted by the Oregon Medical Board in the course of
providing pre-hospital care as defined by this rule.
(27) “Paramedic” means a person who is licensed by the
Authority as a Paramedic.
(28) “Patient” means a person who is ill or injured or
who has a disability and who is transported in an ambulance.
(29) “Person” means any individual, corporation,
association, firm, partnership, joint stock company, group of individuals
acting together for a common purpose, or organization of any kind and includes
any receiver, trustee, assignee, or other similar representatives thereof.
(30) “Pre-hospital Care” means that care rendered by an
EMS Provider as an incident of the operation of an ambulance as defined by ORS
Chapter 682 and that care rendered by an EMS Provider as an incident of other
public or private safety duties, and includes, but is not limited to “emergency
care” as defined by ORS Chapter 682.
(31) “Preceptor” means a person approved by an
accredited teaching institution and appointed by the EMS Agency, who supervises
and evaluates the performance of an EMS Provider student during the clinical
and field internship phases of an EMS Provider course. A preceptor must be a
physician, physician assistant, registered nurse, or EMS Provider with at least
two years field experience in good standing at or above the level for which the
student is in training.
(32) “Protocols” has the same meaning as standing
orders.
(33) “Reciprocity” means the manner in which a person
may obtain Oregon EMS Provider licensure when that person is licensed in
another state and certified with the National Registry
(34) “Scope of Practice” means the maximum level of
emergency or non-emergency care that an EMS Provider may provide that is set
forth by the rules adopted by the Oregon Medical Board.
(35) “Skills Lab” means those hours of the curriculum
that provides the student with the opportunity to develop the skills for the
level of training obtained.
(36) “Standing Orders” means the written protocols that
an EMS Provider follows to treat patients when direct contact with a physician
is not maintained.
(37) “Successful completion” means having attended 85
percent of the didactic and skills instruction hours (or makeup sessions) and
100 percent of the clinical and field internship hours, and completing all
required clinical and internship skills and procedures and meeting or exceeding
the academic standards for those skills and procedures.
(38) “Teaching Institution” means a two-year community
college or four-year degree granting college or a licensed vocational school
that is accredited by the Office of Career and Technical Education, or the
Department of Community Colleges and Workforce Development/Oregon Department of
Education.
(39) “Unprofessional Conduct” has the meaning given
that term in ORS 682.025.
(40) “Volunteer” means a person who is not compensated
for their time to staff an ambulance or rescue service, but who may receive
reimbursement for personal expenses incurred.
Stat. Auth.: ORS 682.025 &
682.215
Stats. Implemented: ORS 682.017 -
682.991
Hist.: HD 18-1994, 6-30-94, cert.
ef. 7-1-94; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert.
ef. 4-24-01; PH 10-2008. f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0010
Application for Approval of EMT,
AEMT, EMT-Intermediate, and Paramedic Courses
(1) The Authority is responsible for approving EMT,
AEMT, EMT-Intermediate, and Paramedic courses.
(2) EMT, AEMT, EMT-Intermediate, and Paramedic courses
must be offered by a teaching institution accredited by the Oregon Department
of Education or the Oregon State Board of Higher Education and must meet the
standards established by the Oregon Department of Education in OAR chapter 581,
division 49.
(3) Notwithstanding section (2) of this rule, the
Authority may allow a hospital to conduct an EMT course if there is no training
available at a teaching institution in a rural part of the state. A hospital
that wishes to conduct an EMT course in a rural area must send a request to the
Authority in writing explaining why there is a need and why there is no
training available in its area. The Authority will inform the hospital in
writing whether it has permission to conduct the EMT course.
(4) EMT, AEMT, EMT-Intermediate, and Paramedic courses
must meet the requirements prescribed by the Authority in OAR 333-265-0014.
(5) EMT, AEMT, EMT-Intermediate, and Paramedic courses
must be taught by instructors that meet the requirements of OAR 333-265-0020.
(6) A teaching institution described in section (2) of
this rule or a hospital approved by the Authority under section (3) of this
rule must submit an application to the Authority on a form prescribed by the
Authority that includes all the information necessary to determine whether the
course meets the Authority’s standards. The form must be received by the
Authority at least 30 business days prior to the first day of class.
(7) The Authority will return an application that is
incomplete to the applicant.
(8) The Authority will inform an applicant in writing
whether the application has been denied or approved.
(9) No teaching institution shall conduct an EMT, AEMT,
EMT-Intermediate, or Paramedic course until the Authority has approved the
course.
(10) The Authority may deny or revoke the approval to
conduct an EMT, AEMT, EMT-Intermediate, or Paramedic course in accordance with
ORS 183.310 through 183.550 for failure to comply with OAR chapter 333,
division 265.
Stat. Auth.: ORS 682.017, 682.208
Stats. Implemented: ORS 682.017, 682.208, 682.216
Hist.: HD 63, f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef.
1-14-81; Renumbered from 333-023-0630; HD 19-1984, f. & ef. 9-10-84; HD
16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD
8-1993, f. 6-22-93, cert. ef. 7-1-93; HD 18-1994, 6-30-94, cert. ef. 7-1-94,
Renumbered from 333-028-0030; HD 8-1995, f. & cert. ef. 11-6-95; OHD
9-2001, f. & cert. ef. 4-24-01; PH 10-2008. f. & cert. ef. 6-16-08; PH
15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0012
Requirements for Conducting
Emergency Medical Responder Courses
(1) An ambulance service or any other entity in Oregon
may conduct EMR courses that meet the requirements of OAR 333-265-0014.
(2) An entity that wants to conduct an EMR course must
submit an application to the Authority on a form prescribed by the Authority
that includes all the information necessary to determine whether the course
meets the Authority’s standards and whether the course director meets the
requirements in OAR 333-265-0018. The form must be received by the Authority at
least 30 business days prior to the first day of class.
(3) The Authority shall return an application that is
incomplete to the applicant.
(4) No entity shall conduct an EMR course until the
Authority has approved the course.
(5) The Authority may deny or revoke the approval to
conduct an EMR course in accordance with ORS 183.310 through 183.550 for
failure to comply with OAR chapter 333, division 265.
Stat. Auth.: ORS 682.017, 682.208
Stats. Implemented: ORS 682.017, 682.208, 682.216
Hist.: PH
10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10;
PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0014
EMS Provider Course Requirements
(1) All EMS Provider courses must have a medical
director. The EMS medical director must meet the qualifications of a
supervising physician as defined in OAR 847-035-0020.
(2) All EMS Provider courses must have a course
director as defined in OAR 333-265-0020.
(3) An Oregon teaching institution conducting EMT,
Advanced EMT, EMT-Intermediate or Paramedic courses must have program faculty
consisting of a designated program director, course medical director, and
course directors, and may have guest instructors. The number of persons
carrying out the responsibilities of conducting an EMT, AEMT, EMT-Intermediate
or Paramedic course may vary from program to program. One person, if qualified,
may serve in multiple roles.
(4) An EMR course must include:
(a) A curriculum that meets or exceeds the National
Emergency Medical Services Education Standards published by the National
Highway Traffic Safety Administration, January 2009 (DOT HS 811 077B);
(b) Didactic and skills instruction; and
(c) A practical and cognitive examination.
(5) An EMT course must include:
(a) A curriculum that meets or exceeds the National
Emergency Medical Services Education Standards published by the National
Highway Traffic Safety Administration, January 2009 (DOT HS 811 077B);
(b) Didactic and skills instruction;
(c) Clinical education of at least eight hours in a
hospital or acute care department or other appropriate clinical or acute care
medical facility where the skills within an EMT scope of practice are performed
under the supervision of a preceptor; and
(d) Prehospital experience of at least eight hours
under the supervision of an EMT or above where the skills within an EMT scope
of practice are performed.
(6) An Advanced EMT course must include:
(a) A curriculum that meets or exceeds the National
Emergency Medical Services Education Standards published by the National
Highway Traffic Safety Administration, January 2009 (DOT HS 811 077B);
(b) Didactic and skills instruction;
(c) Clinical education in hospital clinical areas where
the skills within an Advanced EMT scope of practice are performed under the
supervision of a preceptor; and
(d) A field internship that is described in OAR
333-265-0015.
(7) An EMT-Intermediate course must include:
(a) The EMT-Intermediate curriculum, 2006, incorporated
by reference;
(b) Didactic and skills instruction;
(c) Clinical experience performed under the supervision
of a preceptor of at least eight hours and 20 patient contacts in a hospital
emergency department or medical clinic where the skills within an
EMT-Intermediate scope of practice are performed under the supervision of a
preceptor; and
(d) Prehospital experience of at least eight hours
under the supervision of an EMT-Intermediate or above where the skills within
the scope of practice of an EMT-Intermediate are performed.
(8) A Paramedic course must include:
(a) Paramedic curriculum that meets or exceeds the
National Emergency Medical Services Education Standards published by the
National Highway Traffic Safety Administration, January 2009 (DOT HS 811
077B);,
(b) Didactic and skills instruction;
(c) Clinical experience in hospital clinical areas
where the skills within a Paramedic scope of practice are performed under the
supervision of a preceptor; and
(d) A field internship that is described in OAR
333-265-0016.
(9) All EMS Provider courses must include instructions
on Oregon statutes and rules governing the EMS system, medical-legal issues,
roles and responsibilities of EMS Providers, and EMS professional ethics.
(10) The Authority may deny or revoke course approval
in accordance with the provisions of ORS 183.310 through 185.550 for failure to
comply with the requirements of this rule.
(11) A person must have a current Oregon EMT license or
higher at the time of enrollment in an Advanced EMT or Paramedic course.
(12) A person must have a current Oregon Advanced EMT
license at the time of enrollment in an Oregon EMT-Intermediate course.
(13) A person must maintain a current Oregon EMT
license or higher throughout the interval of the Advanced EMT or Paramedic
cognitive and practical exams.
(14) A person must maintain a current Oregon Advanced
EMT license throughout the interval of the EMT-Intermediate cognitive and
practical exams.
Stat. Auth.: ORS 682.017, 682.208
Stats.
Implemented: ORS 682.017, 682.208, 682.216
Hist.: PH
10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10;
PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0015
Advanced Emergency Medical
Technician Field Internships
(1) A field internship is required as part of an
Advanced EMT course.
(2) A field internship must provide a student the
opportunity to demonstrate the integration of didactic, psychomotor skills, and
clinical education necessary to perform the duties of an entry-level AEMT.
(3) The student must successfully demonstrate a skill
in the classroom lab or hospital clinical setting before that skill is
performed and evaluated in a field internship.
(4) During a field internship a student must
participate in providing care. All EMS calls shall be under the direct visual
supervision of a preceptor. In order for a call to be accepted, the preceptor
must document and verify satisfactory student performance, including
application of specific assessment and treatment skills required of a licensed
Advanced EMT.
(5) For purposes of this section, “EMS call” means a
pre-hospital emergency medical services response requiring patient care at the
advanced life support level and “ambulance call” means an advanced life support
pre-hospital emergency medical services response, which includes dispatch,
scene response, patient care while riding in the patient compartment of an
ambulance, and participating in specific assessment and treatment skills
required of a licensed Advanced EMT.
Stat. Auth.: ORS 682.017, 682.208
Stats. Implemented: ORS 682.017,
682.208, 682.216
Hist.: PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0016
Paramedic Field Internships
(1) A field internship is required as part of a
Paramedic course.
(2) A field internship must provide a student the
opportunity to demonstrate the integration of didactic, psychomotor skills, and
clinical education necessary to perform the duties of an entry-level paramedic.
(3) The student must successfully demonstrate a skill
in the classroom lab or hospital clinical setting before that skill is
performed and evaluated in a field internship.
(4) During a field internship a student must
participate in providing care in at least 40 EMS calls with no less than eight
each in cardiac, respiratory, general medical, and trauma emergencies, and with
at least 30 of the calls being advanced life support ambulance calls. All EMS
calls shall be under the direct visual supervision of a preceptor. In order for
a call to be accepted, the preceptor must document and verify satisfactory
student performance, including application of specific assessment and treatment
skills required of a licensed Paramedic.
(5) The intern must not be one of the minimum staff
required for an ambulance as described in OAR chapter 333, division 250.
(6) For purposes of this section, “EMS call” means a
pre-hospital emergency medical services response requiring patient care at the
advanced life support level and “ambulance call” means an advanced life support
pre-hospital emergency medical services response, which includes dispatch,
scene response, patient care while riding in the patient compartment of an ambulance,
and participating in specific assessment and treatment skills required of a
licensed Paramedic.
Stat. Auth.: ORS 682.017, 682.208
Stats. Implemented: ORS 682.017,
682.208, 682.216
Hist.: PH 10-2008, f. & cert.
ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11,
cert. ef. 1-1-12
333-265-0018
Course Director Qualifications for
EMR Courses
(1) An ambulance service or entity that has contracted
with the Authority to conduct an EMR course must have a qualified Course
Director.
(2) An EMR Course Director must:
(a) Have appropriate training and experience to fulfill
the role and have the credentials that demonstrate such training and
experience;
(b) Be currently licensed in Oregon as an EMT or higher
with three years of pre-hospital care experience and in good standing with the
Authority, or an EMS medical director;
(c) Have a current healthcare provider CPR instructor
card or certificate of course completion that meets or exceeds the 2010
American Heart Association ECC guidelines or equivalent standards approved by
the Authority;
(d) Have successfully completed one of the following:
(A) The National Association of EMS Educator Course,
developed by the U.S. Department of Transportation, 2002;
(B) The National Fire Protection Association (NFPA)
Fire Instructor I or Fire Service Instructor I and II programs developed by the
Department of Public Safety Standards and Training (DPSST);
(C) Have at least 40 hours of the Instructor
Development Program offered by the DPSST; or
(D) A minimum of three college credits in adult
educational theory and practice or vocational educational theory and practice
from an accredited institution of higher learning.
(e) Have participated in a course director program
offered by the Authority; and
(f) Agree to participate in the course director program
updates offered by the Authority.
(3) An EMR Course Director:
(a) Is responsible for course planning and organizing,
including scheduling lectures, coordinating, arranging, and conducting the
written and practical course completion and licensure examination;
(b) Is the primary instructor, who conducts at least 50
percent of the didactic sessions, unless this requirement is waived by the
Authority in advance;
(c) Must ensure, if guest instructors are used, that
the guest instructor is qualified to teach the subject matter, meets
requirements set forth in OAR 333-265-0020, and presents lessons that address
all objectives identified in the course curriculum for the topic being
presented. A guest instructor must:
(A) Be qualified and have the expertise in the specific
course subject; and
(B) Follow the course curriculum and meet the course
objectives for that specific subject.
(d) Must ensure that after completion of the course and
successfully passing the written and practical examinations each student
completes an application form prescribed by the Authority and that the
completed application forms are collected and submitted to the Authority within
30 calendar days of the completion of the course.
(e) Must have written documentation showing whether a
student has successfully completed the course as defined in OAR 333-265-0014.
Stat. Auth.: ORS 682.017, 682.208
Stats.
Implemented: ORS 682.017, 682.208, 682.216
Hist.: PH
10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10;
PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0020
Approved EMT, AEMT,
EMT-Intermediate, and Paramedic Course Director
(1) A course director for a specific course must:
(a) Be an EMS Medical Director; or
(b) Hold at least the level of Oregon licensure as the
course being taught and be in good standing with the Authority, and have at
least three years of experience at that licensure level or higher, and:
(A) Have a current healthcare provider CPR instructor
card or certificate of course completion that meets or exceeds the 2010
American Heart Association ECC guidelines or equivalent standards approved by
the Authority;
(B) Have successfully completed one of the following:
(i) The National Association of EMS Educator Course,
developed by the U.S. Department of Transportation, 2002;
(ii) The National Fire Protection Association (NFPA)
Fire Instructor I or Fire Service Instructor I and II programs developed by the
Department of Public Safety Standards and Training (DPSST);
(iii) At least 40 hours of the Instructor Development
Program offered by the DPSST; or
(iv) A minimum of three college credits in adult
educational theory and practice or vocational educational theory and practice
from an accredited institution of higher learning;
(C) Participated in the Course Director Program offered
by the Authority; and
(D) Participated in the Course Director Program updates
offered by the Authority.
(2) In addition to the Course Director requirements in
section (1) of this rule, a Paramedic Course Director must:
(a) Be an EMS Medical Director and hold a current:
(A) American Board of Emergency Medicine Certificate;
or
(B) Advance Cardiac Life Support (ACLS) Instructor
certificate and Advance Trauma Life Support certificate or equivalent as
approved by the Authority; or
(b) Be a licensed Paramedic in good standing with the
Authority with at least three years of experience at the licensure level and:
(A) Possess at least an associate’s degree from an
accredited institution of higher learning;
(B) Hold an Advance Cardiac Life Support (ACLS)
Instructor certificate from the American Heart Association or equivalent that
has been approved by the Authority; and
(C) Hold a Basic Trauma Life Support (BTLS) Instructor
certificate or equivalent that has been approved by the Authority, or a
Pre-hospital Trauma Life Support (PHTLS) Instructor certificate or equivalent
that has been approved by the Authority.
(3) A guest instructor must:
(a) Be qualified and have the expertise in the specific
course subject; and
(b) Follow the course curriculum and meet the course
objectives for that specific subject.
Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017
Hist.: HD 8-1993, f. 6-22-93,
cert. ef. 7-1-93; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from
333-028-0032; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert.
ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0022
Program Administrator and Faculty
Responsibilities
(1) A Program Administrator is responsible for course
planning, the organizing and administration of courses, periodic review of
courses, program evaluation, and continued development and effectiveness of
courses.
(2) A course EMS Medical Director shall:
(a) Provide medical direction for the didactic,
clinical and field internship portions of an EMS Provider course; and
(b) Act as the ultimate medical authority regarding
course content, procedures and protocols.
(3) A Course Director for a specific course:
(a) Is responsible for course planning and organizing,
including scheduling lectures, coordinating and arranging clinical rotations,
and field internships;
(b) Is the primary instructor, who conducts at least 50
percent of the didactic sessions, unless this requirement is waived by the
Authority in advance;
(c) Must ensure, if guest instructors are used, that
the guest instructor is qualified to teach the subject matter, meets
requirement set forth in OAR 333-265-0020, and presents lessons that address
all objectives identified in the course curriculum for the topic being
presented;
(d) Must ensure that:
(A) On the first day of class each student completes a
registration form prescribed by the Authority;
(B) Each student is informed that failure to complete a
registration form will make them ineligible to take the licensure exam; and
(C) The completed registration forms are collected and
submitted to the Authority within 21 calendar days of the first day of class.
(e) Must have written documentation showing whether a
student has successfully completed the course as defined in OAR 333-265-0014.
Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017
Hist.: PH 10-2008, f. & cert.
ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11,
cert. ef. 1-1-12
333-265-0023
EMS Provider Examinations
(1) In order to be an EMR, a candidate must take and
pass a cognitive and practical licensure examination.
(2) The EMR cognitive and practical examinations must
be administered by an entity approved by the Authority to conduct EMR courses.
An approved entity must use an Authority approved cognitive and practical exam.
The National Registry of Emergency Medical Technicians cognitive examination
for EMRs may also be used.
(3) EMT, Advanced Emergency Medical Technician and
Paramedic candidates must complete the cognitive examination designated by the
National Registry of EMTs. The fee for this exam must be paid directly to the
National Registry of EMTs.
(4) EMT-Intermediate students must complete a cognitive
examination designated by the Authority.
(5) The EMT and EMT-Intermediate examinations for
licensure will be administered by a Licensing Officer and hosted by a teaching
institution that offers EMT and EMT-Intermediate courses.
(6) An Advanced EMT and Paramedic practical examination
is a National Registry of EMTs examination offered at various times during the
year by the Authority. An Advanced EMT or Paramedic candidate may also take the
appropriate practical examination in any state.
(7) The Authority or the National Registry of EMTs
shall establish the passing scores of all cognitive and practical licensure
examinations.
(8) An EMT candidate who fails:
(a) Not more than two skill stations of the EMT
practical examination may retest those skill stations failed on the same day
with no additional charge by the Authority.
(b) An EMT skill station a second time must submit a
re-examination fee to the Authority and be scheduled through his or her
teaching institution to retest any skill station failed.
(c) More than two skill stations of the EMT practical
examination must schedule a retest for a separate day through his or her
teaching institution, and submit a re-examination fee to the Authority.
(9) An EMT-Intermediate candidate who fails:
(a) Not more than three skill stations of the
EMT-Intermediate practical examination may retest those skill stations failed
on the same day with no additional charge by the Authority.
(b) An EMT-Intermediate skill station a second time
must submit a re-examination fee and be scheduled through the Authority to
retest any skill station failed.
(c) More than three skill stations of the
EMT-Intermediate practical examination must schedule a retest for a separate
day, and submit a re-examination fee to the Authority.
(10) If a candidate fails either the cognitive or
practical examination three times, the candidate must successfully complete an
Authority approved refresher course for that specific license level to become
eligible to re-enter the licensure process. Following successful completion of
a refresher course, a candidate must re-take and pass both the cognitive and
practical examination within three additional attempts.
(11) The passing results of the cognitive and practical
licensure examinations for each level of licensure will remain valid for a
12-month period from the date the examination was successfully completed. A
candidate not successfully completing the failed portion of an examination
within that 12-month period shall be required to repeat the entire cognitive
and practical examinations.
(12) A candidate must pass both the cognitive and
practical examinations within 24 months after the completion of the required
courses.
(13) A candidate who fails the cognitive or practical
examination six times or does not complete the examination process within 24
months of the completion date of the initial required courses, must
successfully complete the entire EMT, AEMT, EMT-Intermediate, or Paramedic
course for that license level and reapply for licensure.
(14) The entity providing a cognitive examination must
have a policy for the accommodation of a person with a documented learning
disability.
(15) No accommodation shall be provided for a practical
licensure examination.
(16) EMT and EMT-Intermediate practical examinations
must be attended by an Authority approved Licensing Officer that:
(a) Is licensed in Oregon at least at the level of
examination they are administering with at least two years field experience at
that level or above and is in good standing with the Authority; and
(b) Has completed training offered by the Authority
explaining the role and responsibilities of a Licensing Officer.
Stat. Auth.: ORS 682.017, ORS 682.208, & ORS
682.216
Stats. Implemented: ORS 682.017,
682.208, 682.216
Hist.: PH 10-2008, f. & cert.
ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11,
cert. ef. 1-1-12
333-265-0025
Application Process to Obtain an
EMS Provider License
(1) For any person to act as an EMS Provider a license
must be obtained from the Authority.
(2) An applicant for EMR must:
(a) Be at least 16 years of age;
(b) Submit proof of successfully completing an approved
course, including completion of all clinical and internship requirements, if
applicable;
(c) Submit proof of passing the required cognitive and
practical examinations;
(d) Submit a completed application on a form prescribed
by the Authority along with the applicable fee;
(e) Consent to a criminal background check through the
Law Enforcement Data System (LEDS), including a nationwide criminal record
check by fingerprint identification under the authority of ORS 181.534 and
181.537 if required; and
(f) Provide authorization for the release of
information, as necessary, from any persons or entities, including but not
limited to educational institutions, employers, hospitals, treatment
facilities, institutions, organization, governmental or law enforcement
agencies.
(3) An individual who wishes to become licensed as an
EMT, Advanced EMT, EMT-Intermediate, or Paramedic shall:
(a) Be at least 18 years of age;
(b) Submit a completed application on a form prescribed
by the Authority along with the applicable fee;
(c) Submit proof of successfully completing an approved
course, including all clinical and internship requirements if applicable;
(d) Submit proof of passing the required cognitive and
practical examinations;
(e) For an EMT, Advanced EMT or EMT-Intermediate
applicant, submit proof that the applicant received a high school diploma or
equivalent or a degree from an accredited institution of higher learning;
(f) For a Paramedic applicant submit proof that the
applicant has received an associate’s degree or higher from an accredited
institution of higher learning;
(g) Consent to a criminal background check through the
Law Enforcement Data System (LEDS), including a nationwide criminal record
check by fingerprint identification under the authority of ORS 181.534 and
181.537 if required;
(h) Provide an authorization for the release of
information, as necessary, from any persons or entities, including but not
limited to educational institutions, employers, hospitals, treatment
facilities, institutions, organizations, governmental or law enforcement
agencies in order for the Authority to complete the review of the application;
and
(4) EMT and EMT-Intermediate applications for licensure
must be received by the Authority three weeks prior to the date of the
licensing practical examination.
(5) Advanced EMT and Paramedic applications for
licensure must be received by the Authority four weeks prior to the date of the
practical examinations.
(6) Any fee for a criminal background check through
LEDS or a nationwide criminal background check shall be the responsibility of
the applicant.
(7) An applicant for an initial license as an EMS
Provider, who completed training in a program outside Oregon and has never been
licensed in another state, must:
(a) Meet all requirements for that level as established
in OAR 333-265-0000 through 333-265-0023;
(b) Demonstrate proof of current National Registry
certification; and
(c) Make application within 24 months from the date
that their training program was completed, unless an applicant has been on
active duty in the military within the last four years and in that case, the
application may be submitted more than 24 months from the date the training
program was completed.
(8) An initial license must not exceed 30 months.
(9) If an applicant has been on active duty in the
military within the past four years and the applicant can demonstrate proof of
current National Registry certification for the level of license desired,
current licensure in another state is not mandatory.
(10) The Authority may return any application that is
incomplete or is not accompanied by the appropriate fee.
Stat. Auth.: ORS 682.017, 682.028
& 682.208
Stats. Implemented: ORS 682.017,
682.028 & 682.208
Hist.: OHD 9-2001, f. & cert.
ef. 4-24-01; Hist.: PH 10-2008, f. & cert. ef. 6-16-08; PH 11-2008(Temp),
f. 6-19-08, cert. ef. 6-20-08 thru 12-12-08; Administrative correction
12-22-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11,
cert. ef. 1-1-12
333-265-0030
Fees for Licensure and License
Renewal of an EMS Provider
(1) Beginning on July 1, 2011 through June 30, 2013 the
following fees apply:
(a) Initial application for EMR — $40;
(b) The initial application and same-day practical
examination fees for EMTs:
(A) EMT — $100;
(B) Advanced EMT — $110
(C) EMT-Intermediate — $110; and
(D) Paramedic — $275.
(c) Cognitive re-examination fees for EMT-Intermediate
— $60.
(d) Practical re-examination fees:
(A) EMT — $50;
(B) Advanced EMT — $75
(C) EMT-Intermediate — $75; and
(D) Paramedic — $95.
(e) Reciprocity licensure fees:
(A) EMR — $40;
(B) EMT — $125;
(C) Advanced EMT — $150
(D) EMT-Intermediate — $150; and
(E) Paramedic — $300.
(f) Provisional licensure fee is an additional $50.
(g) License renewal fees:
(A) EMR — $20;
(B) EMT — $50;
(C) Advanced EMT — $80
(D) EMT-Intermediate — $80; and
(E) Paramedic — $140.
(2) Beginning on July 1, 2013 the following fees apply:
(a) Initial application for EMR — $45;
(b) The initial application and same-day practical examination
fees for EMTs:
(A) EMT — $110;
(B) Advanced EMT — $125
(C) EMT-Intermediate — $125; and
(D) Paramedic — $290.
(c) Cognitive re-examination fees for EMT-Intermediate
— $60.
(d) Practical re-examination fees:
(A) EMT — $55;
(B) Advanced EMT — $85
(C) EMT-Intermediate — $85; and
(D) Paramedic — $100.
(e) Reciprocity licensure fees:
(A) EMR — $50;
(B) EMT — $140;
(C) Advanced EMT — $165
(D) EMT-Intermediate — $165; and
(E) Paramedic — $300.
(f) Provisional licensure fee is an additional $50.
(g) License renewal fees:
(A) Licensed EMR — $23;
(B) EMT — $55;
(C) Advanced EMT — $85
(D) EMT-Intermediate — $85; and
(E) Paramedic — $150.
(3) As authorized by ORS 682.216, a license renewal
application submitted or postmarked after May 1 of the license renewal year
must include a $40 late fee in addition to the license renewal fee.
(4) If an EMS Provider has been on active military duty
for more than six months of a license renewal period which prevented them from
accessing continuing education, the Authority may approve an extension of the
current license to permit obtaining the required educational hours.
(5) An ambulance service or rescue service which
utilizes volunteers to provide a majority of its services may request that the
Authority waive the EMS Provider license renewal fee for its volunteers by
applying for a waiver on forms prescribed by the Authority that includes:
(a) A statement certifying that the ambulance or rescue
service is unable to maintain an adequate number of volunteer EMS Providers due
to the required EMS Provider license renewal fees; and
(b) A copy of a signed agreement between the volunteer
service and the volunteer EMS Provider attached to the EMS Provider’s
application for license renewal specifying that the EMS Provider:
(A) Is not employed as an EMS Provider elsewhere;
(B) Will be affiliated with the volunteer service for
the entire upcoming licensure period;
(C) Will be scheduled monthly to staff the ambulance or
rescue service; and
(D) Will immediately pay the Authority the required
current EMS Provider license renewal fee if the EMS Provider is not scheduled
monthly or is no longer affiliated with a volunteer ambulance or rescue service
and wants to remain licensed as an EMS Provider.
(6) An Oregon-licensed EMS Provider wishing to obtain a
duplicate EMS Provider license must submit a written request to the Authority
in the form required by the Authority and pay a fee in the amount of $25.
(7) All fees established in this section are nonrefundable
except that the Authority may waive a subsequent examination fee for a person
who fails to appear for an examination due to circumstances that are beyond the
control of the candidate.
(8) The fees established in sections (1) and (2) of
this rule apply to any application submitted on or after the effective date of
these rules.
Stat. Auth.: ORS 682.017, 682.212,
682.216
Stats. Implemented: ORS 682.017,
682.212, 682.216
Hist.: HD 19-1984, f. & ef.
9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef.
10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0017;
HD 8-1995, f. & cert. ef. 11-6-95; OHD 2-1999, f. & cert. ef. 2-4-99;
OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08;
PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef.
1-1-12
333-265-0040
Licensure as an EMS Provider
(1) The Authority will review an application for
licensure as an EMS Provider and will conduct a criminal background check.
(2) If there are no issues that arise during the review
of the application and the applicant meets all the requirements of ORS chapter
682 and these rules, the Authority will grant the applicant a license.
(3) If the applicant does not meet the standards for
licensure or there are criminal history or personal history issues that call
into question the ability of the applicant to perform the duties of a licensed
EMS Provider in accordance with ORS Chapter 682 or these rules, the Authority
may deny the applicant on the basis of the information provided in the
application, or conduct an additional investigation in accordance with OAR
333-265-0085.
(4) Following an investigation the Authority may:
(a) Deny the application;
(b) Grant the application but place the applicant on
probation;
(c) Grant the application but place practice
restrictions on the applicant; or
(d) Grant the application if the criminal or personal
history issues were resolved through the investigation to the Authority’s
satisfaction.
(5) Final actions taken by the Authority in denying an
applicant, placing an applicant on probation, or by placing restrictions on the
applicant’s practice shall be done in accordance with ORS Chapter 183.
(6) Nothing in this rule precludes the Authority from
taking an action authorized in ORS Chapter 682.
(7) The licenses of EMRs expire on June 30 of
even-numbered years.
(8) The licenses of EMTs, Advanced EMTs,
EMT-Intermediates and Paramedics expire on June 30 of odd-numbered years.
Stat. Auth.: ORS 682.017, 682.208,
682.216
Stats. Implemented: ORS 682.017,
682.208, 682.216
Hist.: HD 63, f. 6-6-74, ef.
6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0615; HD
19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f.
& cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered
from 333-028-0015; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. &
cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 11-2008(Temp), f.
6-19-08, cert. ef. 6-20-08 thru 12-12-08; Administrative correction 12-22-08;
PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef.
1-1-12
333-265-0050
EMS Provider Licensure by
Reciprocity
(1) A person licensed with another state as an EMS
Provider and registered with the National Registry of EMT’s as an EMR, First
Responder, EMT, EMT-Basic, Advanced EMT, EMT-Intermediate I-99,
EMT-Intermediate I-85, Paramedic, or EMT-Paramedic may apply to the Authority
for licensure by reciprocity until January 1, 2015 at which time only National
Registry EMR, EMT, Advanced EMT, and Paramedic will be accepted for
reciprocity.
(a) A National Registry EMT-Intermediate I-99 may apply
for an Oregon EMT-Intermediate licensure by reciprocity until January 1, 2015
at which time National Registry EMT-Intermediate I-99 will no longer be
accepted for reciprocity.
(b) A National Registry EMT-Intermediate I-85 may apply
for an EMT licensure by reciprocity until January 1, 2015 at which time
National Registry EMT-Intermediate I-85 will no longer be accepted for
reciprocity.
(2) A person applying for Oregon EMS Provider licensure
by reciprocity shall:
(a) Submit a completed application on a form prescribed
by the Authority along with the applicable nonrefundable fee;
(b) Submit documentation of the EMS Provider training
which meets or exceeds the requirements for Oregon EMS Provider licensure at
the level of licensure for which the person is applying;
(c) If applying for Paramedic licensure by reciprocity,
submit proof of having received an associate’s degree or higher from an
accredited institution of higher learning or submit proof of having worked for
at least three years out of the last five years as a paramedic in either
another state or in the United States military at the National Registry
Paramedic level.
(d) Be in good standing with the applicant’s current
licensing agency and with the National Registry of EMTs; and
(e) Consent to a criminal background check in
accordance with OAR 333-265-0025(3).
(3) The Authority shall review an application for
licensure by reciprocity and shall conduct a criminal background check.
(4) If there are no issues that arise during the review
of the application and the applicant meets all the applicable requirements of
ORS Chapter 682 and these rules, the Authority shall grant the applicant a
license by reciprocity.
(5) If the applicant does not meet the standards for
licensure, or there are criminal history or personal history issues that call
into question the ability of the applicant to perform the duties of a licensed
EMS Provider, in accordance with ORS chapter 682 or these rules, the Authority
may deny the application on the basis of the information provided, or conduct
an additional investigation in accordance with OAR 333-265-0085. Following such
an investigation the Authority may take any action as specified in OAR
333-265-0040(4).
(6) The Authority shall be the sole agency authorized
to determine equivalency of course work presented from an out of state
accredited institution of higher learning.
(7) The Authority shall be the sole agency authorized
to determine equivalency of work experience in lieu of the associate degree
requirement for Paramedics.
(8) The Authority shall return any application that is
incomplete, or cannot be verified.
Stat. Auth.: ORS 682.017, 682.216
Stats. Implemented: ORS 682.017,
682.216
Hist.: HD 63, f. 6-6-74, ef.
6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0620; HD
19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD
18-1990(Temp), f. & cert. ef. 6-19-90; HD 19-1991, f. & cert. ef.
10-18-91; HD 8-1993, f. 6-22-93, cert. ef. 7-1-93; HD 18-1994, 6-30-94, cert.
ef. 7-1-94, Renumbered from 333-028-0020; HD 8-1995, f. & cert. ef.
11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef.
6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 1-2011, f. & cert.
ef. 1-6-11; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0060
Paramedic Provisional Licensure
(1) As authorized by ORS 682.216, the Authority may
issue a provisional Paramedic license to an out-of-state licensed Paramedic who
meets the requirements in OAR 333-265-0050, except for the educational
requirements in OAR 333-265-0050(3)(a) and is in the process of obtaining an
associate’s degree or higher from an accredited institution for higher
learning.
(2) An applicant shall comply with the application
requirements in OAR 333-265-0050 and shall submit:
(a) A letter of recommendation from the applicant’s
most recent Medical Director;
(b) A letter from an Oregon EMS agency specifying that
the person shall be immediately employed or has a conditional offer of
employment, whether in a paid or volunteer capacity; and
(c) A letter from the applicant’s prospective EMS
Medical Director stating that the EMS Medical Director will serve as his or her
EMS Medical Director while being provisionally licensed.
(3) The Authority may return any application that is
incomplete, cannot be verified, or is not accompanied by the appropriate fee.
(4) A Paramedic with a provisional license issued under
these rules shall enter into an agreement with the Authority and shall submit
quarterly reports to the Authority describing the license holder’s progress in
obtaining an associate’s degree or higher from an accredited institution for
higher learning.
(5) A Paramedic provisional license shall be revoked if
the person:
(a) Ceases active involvement in emergency medical
services;
(b) Fails to meet the conditions set forth in the
agreement;
(c) Fails to cooperate or actively participate in a
request from the Authority in order to obtain more information or required
materials;
(d) Has his or her EMS Provider scope of practice
revoked or restricted by his or her EMS Medical Director; or
(e) Does not submit written documentation of the
successful completion of any of the educational requirements set out in this
rule.
Stat. Auth.: ORS 682.017, 682.216
Stats. Implemented: ORS 682.017,
682.216
Hist.: HD 18-1994, 6-30-94, cert.
ef. 7-1-94; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert.
ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11,
cert. ef. 1-1-12
333-265-0070
Licensure as an EMS Provider of
Any Person in Another State
(1) Any person who provides pre-hospital emergency or
non-emergency care in Oregon must be licensed as an Oregon EMS Provider and
function under an Authority-approved EMS Medical Director.
(2) Oregon EMS Provider licensure is not required when:
(a) Specifically exempted by ORS 682.035;
(b) An out-of-state licensed EMS Provider is
transporting a patient through the state;
(c) An out-of-state licensed EMS Provider is caring for
and transporting a patient from an Oregon medical facility to an out-of-state
medical facility or other out-of-state location;
(d) An out-of-state licensed EMS Provider is caring for
and transporting a patient originating from outside of Oregon to a medical
facility or other location in Oregon; or
(e) A disaster or public health emergency has been
declared under ORS Chapter 401 or 433 and licensing provisions have been waived
by the Governor.
Stat. Auth.: ORS 682.017, 682.204
Stats. Implemented: ORS 682.017,
682.204
Hist.: HD 63, f. 6-6-74, ef.
6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0625; HD
19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f.
& cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered
from 333-028-0025; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. &
cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f.
12-28-11, cert. ef. 1-1-12
333-265-0080
Reportable Events; Investigations
and Discipline of License Holders
(1) In accordance with ORS 676.150 and using a form
prescribed by the Authority, EMS Providers must notify the Authority of the
actions or events listed in section (3) of this rule. Failure to comply with
the reporting requirements of this rule may result in disciplinary action
against the EMS Provider.
(2) An EMS Provider who has reasonable cause to believe
another EMS Provider has engaged in prohibited, dishonorable or unprofessional
conduct as defined in ORS 676.150, 682.025 and 682.220 shall report that
conduct to the Authority without undue delay, within 10 days, after the EMS
Provider learns of the conduct unless state or federal laws relating to
confidentiality or the protection of health information prohibit such a
disclosure.
(3) Within 10 calendar days an EMS Provider shall
report to the Authority the following:
(a) Conviction of a misdemeanor or felony;
(b) A felony arrest;
(c) A disciplinary restriction placed on a scope of
practice of the license holder by the EMS Medical Director;
(d) A legal action being filed against the license
holder alleging medical malpractice or misconduct;
(e) A physical disability that affects the ability of
the license holder to meet the Functional Job Analysis, Appendix A of the EMT,
National Standard Curriculum, incorporated by reference, and the license holder
continues to respond to calls and is providing patient care; or
(f) A change in mental health which may affect a
license holder’s ability to perform as a licensed EMS Provider.
(4) State or federal laws relating to confidentiality
or the protection of health information that might prohibit an EMS Provider
from reporting prohibited or unprofessional conduct include but are not limited
to:
(a) Public Law 104-191, 42 CFR Parts 160, 162, and 164
(The Health Insurance Portability and Accountability Act, HIPAA);
(b) 42 CFR Part 2 (federal law protecting drug and
alcohol treatment information);
(c) ORS 192.518 through 192.529 (state law protecting
health information); and
(d) ORS 179.505 (written accounts by health care
providers).
Stat. Auth.: ORS 682.017, 682.220,
682.224
Stats. Implemented: ORS 682.017,
682.220, 682.224
Hist.: HD 63, f. 6-6-74, ef.
6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0635; HD
16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD
18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0035; OHD 9-2001,
f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010,
f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0083
Conduct or Practice Contrary to
Recognized Standards of Ethics
The
following list includes, but is not limited to, conduct or practice by an EMS
Provider that the Authority considers to be contrary to the recognized
standards of ethics of the medical profession:
(1) Knowing or willful violation of patient privacy or
confidentiality by releasing information to persons not directly involved in
the care or treatment of the patient;
(2) Illegal drug use on or off duty;
(3) Alcohol use within eight hours of going on duty or
while on duty or in an on-call status;
(4) Violation of direct verbal orders from a physician
who is responsible for the care of a patient;
(5) Violation of orders given by an online medical
resource physician, whether delivered by radio or telephone;
(6) Violation of standing orders without cause and
documentation;
(7) Use of invasive medical procedures in violation of
generally accepted standards of the medical community;
(8) Any action that constitutes a violation of any
statute, municipal code, or administrative rule that endangers the public,
other public safety officials, other EMS Provider, patients, or the general
public (including improper operation of an emergency medical vehicle);
(9) Instructing, causing or contributing to another
individual violating a statute or administrative rule, including EMS Provider
acting in a supervisory capacity;
(10) Participation in the issuance of false continuing
education documents or collaboration therein, including issuing continuing
education verification to one who did not legitimately attend an educational
event;
(11) Signing-in to an educational event for a person
not actually present;
(12) Knowingly assisting or permitting another EMS
Provider to exceed his or her lawful scope of practice;
(13) Unlawful use of emergency vehicle lights and
sirens;
(14) Providing false or misleading information to the
Authority, to the State EMS Committee, to the Subcommittee on EMT Licensure and
Discipline, to an EMS teaching institution or clinical/field internship agency;
(15) Responding to scenes in which the EMS Provider is
not properly dispatched (“call-jumping”), whether in a private auto, ambulance,
or other vehicle, in contravention of local protocols, procedures, or
ordinances, or interfering with the safe and effective operation of an EMS
system;
(16) Cheating on any examination used to measure EMS
related knowledge or skills;
(17) Assisting another person in obtaining an unfair
advantage on an EMS Provider examination;
(18) Defrauding the Authority;
(19) Knowingly providing emergency medical care aboard
an unlicensed ambulance;
(20) Violation of the terms of a written agreement with
the Authority or an order issued by the Authority;
(21) Sexual misconduct that includes but is not limited
to:
(a) Sexual harassment; and
(b) Engaging or attempting to engage in a sexual
relationship, whether or not the sexual relationship is consensual, with a
patient, client, or key party;
(c) Using the EMT-patient, EMT-client, or EMT-key party
relationship to exploit the patient, client or key party by gaining sexual
favors from the patient, client or key party.
(22) Arriving for duty impaired or in a condition
whereby the EMS Provider is likely to become impaired through fatigue, illness,
or any other cause, as to make it unsafe for the employee to begin to operate
an ambulance or provide patient care;
(23) Failure to cooperate with the Authority in an
investigation, including failure to comply with a request for records, or a
psychological, physical, psychiatric, alcohol or chemical dependency
assessment; and
(24) Any violation of these rules or any law,
administrative rule, or regulation governing ambulances, EMS Providers, or
emergency medical service systems.
Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017,
682.220, 682.224
Hist.: PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0085
Investigations
(1) The Authority may conduct an investigation of an
EMS Provider if:
(a) The Authority receives a complaint concerning an
EMS Provider;
(b) Personal or criminal history questions arise during
a review of an application that raise questions about the EMS Provider’s
ability to safely perform the duties of an EMS Provider;
(c) A reportable action is received pursuant to OAR
333-265-0080; or
(d) The Authority receives information in any manner
that indicates an EMS Provider has violated ORS chapter 682 or these rules, may
be medically incompetent, guilty of prohibited, unprofessional or dishonorable
conduct or mentally or physically unable to safely function as an EMS Provider.
(2) The Authority may investigate the off-duty conduct
of an EMS Provider to the extent that such conduct may reasonably raise
questions about the ability of the EMS Provider to perform the duties of an EMS
Provider in accordance with the standards established by this division.
(3) Upon receipt of a complaint about an EMS Provider
or applicant, the Authority may conduct an investigation as described under ORS
676.165 and 682.220. Investigations shall be conducted in accordance with ORS
676.175.
(4) The fact that an investigation is conducted by the
Authority does not imply that disciplinary action will be taken.
(5) During an investigation the Authority may do any of
the following:
(a) Request additional information from the EMS
Provider;
(b) Conduct a phone or in-person interview; or
(c) Request or order that the EMS Provider undergo a
psychological, physical, psychiatric, alcohol or chemical dependency
assessment.
Stat. Auth.: ORS 676.165, 676.175
Stats. Implemented: ORS 682.017,
682.220, 682.224
Hist.: PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0087
Discipline
(1) Upon completion of an investigation the Authority
may do any of the following:
(a) Close the investigation and take no action;
(b) Issue a letter of reprimand or instruction;
(c) Place the EMS Provider on probation;
(d) Place a practice restriction on the EMS Provider;
(e) Suspend the EMS Provider;
(f) Revoke the license of the EMS Provider;
(g) Enter into a stipulated agreement with the EMS
Provider to impose discipline; or
(h) Take such other disciplinary action as the
Authority, in its discretion, finds proper, including assessment of a civil
penalty not to exceed $5,000.
(2) Any disciplinary action taken by the Authority will
be done in accordance with ORS Chapter 183.
(3) The Authority may assess the costs of a
disciplinary proceeding against an EMS Provider. Costs may include, but are not
limited to:
(a) Costs incurred by the Authority in conducting the
investigation;
(b) Costs of any evaluation or assessment requested by
the Authority; and
(c) Attorney fees.
(4) Voluntary Surrender:
(a) An EMS Provider may voluntarily surrender his or
her license if the EMS Provider submits a written request to the Authority
specifying the reason for the surrender and the Authority agrees to accept the
voluntary surrender.
(b) The Authority may accept a voluntary surrender of
the EMS Provider on the condition that the EMS Provider does not reapply for
licensure, or agrees not to reapply for a specified period of time.
(5) If an EMS Provider who voluntarily surrendered his
or her EMS Provider license applies for reinstatement, the Authority may deny
that person’s application if the Authority finds that the person has committed
an act that would have resulted in discipline being imposed while they were
previously licensed.
(6) If an EMS Provider’s license is revoked he or she
may not reapply for licensure for at least two years from the date of the final
order revoking the license.
Stat. Auth.: ORS 682.017, 682.220,
682.224
Stats. Implemented: ORS 682.017,
682.220, 682.224
Hist.: PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0090
Reverting to a Lower Level of EMT
Licensure
(1) An EMT, Advanced EMT, EMT-Intermediate, or
Paramedic may revert to a lower level of licensure at any time during a license
period if the EMT, Advanced EMT, EMT-Intermediate, or Paramedic:
(a) Submits a written request to the Authority
specifying the reason for the change in the licensure level;
(b) Submits an application for license renewal for the
lower level of licensure sought with the appropriate fee;
(c) Surrenders his or her current EMT, Advanced EMT,
EMT-Intermediate, or Paramedic license to the Authority;
(d) Is in good standing with the Authority;
(e) Adequately documents appropriate continuing
education hours and courses for the licensure level the individual would revert
to; and
(f) Receives written approval from the Authority for a
change in licensure level.
(2) If an EMT, Advanced EMT, EMT-Intermediate, or
Paramedic requests reinstatement of the higher level of licensure within one
year of reverting to a lower level of licensure the EMT, Advanced EMT,
EMT-Intermediate, or Paramedic must complete the requirements specified in OAR
333-265-0100(3) and 333-265-0105.
(3) If an EMT, Advanced EMT, EMT-Intermediate, or
Paramedic requests reinstatement of the higher level of licensure after one
year, but less than two years the EMT, Advanced EMT, EMT-Intermediate, or
Paramedic must complete the requirements specified in OAR 333-265-0105.
Stat. Auth.: ORS 682.017, 682.216
Stats. Implemented: ORS 682.017, 682.216
Hist.: HD
19-1991, f. & cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered
from 333-028-0037; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. &
cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 16-2010(Temp),
f. & cert. ef. 7-16-10 thru 1-1-11; PH 1-2011, f. & cert. ef. 1-6-11;
PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0100
Expiration and Renewal of EMS
Provider License
(1) The licenses of EMRs expire on June 30 of
even-numbered years.
(2) The licenses of EMTs, Advanced EMTs,
EMT-Intermediates and Paramedics expire on June 30 of odd-numbered years.
(3) An applicant for license renewal must:
(a) Complete and sign an application form prescribed by
the Authority certifying that the information in the application is correct and
truthful;
(b) Meet the requirements of ORS Chapter 682 and these
rules;
(c) Consent to a criminal background check in
accordance with OAR 333-265-0025(3);
(d) Provide an authorization for the release of
information to the Authority, as necessary, from any persons or entities,
including but not limited to employers, educational institutions, hospitals,
treatment facilities, institutions, organizations, governmental or law
enforcement agencies in order for the Authority to make a complete review of
the application.
(e) Complete the continuing education requirements in
OAR 333-265-0110; and
(f) Submit a fee set out in OAR 333-265-0030.
Stat. Auth.: ORS 682.017, 682.216
Stats. Implemented: ORS 682.017, 682.216
Hist.: HD 63,
f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from
333-023-0640; HD 19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef.
9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef.
7-1-94, Renumbered from 333-028-0040; HD 8-1995, f. & cert. ef. 11-6-95;
OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08;
PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef.
1-1-12
333-265-0105
Reinstatement of an EMS Provider
License
(1) To reinstate an expired Oregon EMR, EMT, Advanced
EMT, EMT-Intermediate, or Paramedic license that has been expired for less than
one year, an applicant must:
(a) Submit a completed application for license renewal;
(b) Submit the appropriate license renewal fee plus a
late fee; and
(c) Provide evidence of completion of continuing
education requirements as specified in Appendices 1 through 3, incorporated by
reference, and courses completed from the license holder’s last successful
application through the date of the present application for license renewal, as
specified in this rule:
(A) EMR before July 1, 2012 or on or after July 1, 2014
refer to Appendix 1;
(B) EMR on or after July 1, 2012 but before July 1,
2014 refer to Appendix 2;
(C) EMT, AEMT, EMT-Intermediate, and Paramedic before
July 1, 2013 or on or after July 1, 2015 refer to Appendix 1;
(D) EMT, AEMT, EMT-Intermediate, and Paramedic on or
after July 1, 2013 but before July 1, 2015 refer to Appendix 3;
(2) Reinstatement of an EMR license that has been
expired for more than one year is not available.
(3) To reinstate an Oregon EMT, EMT-Intermediate, or
EMT Paramedic license that has been expired for more than one year, but less
than two years, a license holder must submit a completed application for
licensure with the appropriate fee and successfully complete an Authority
approved reinstatement program described in these rules.
(4) Reinstatement program for an EMT:
(a) Obtain an American Heart Association “Health Care
Provider,” or American Red Cross “Basic Life Support for the Professional
Rescuer,” or other Authority approved equivalent CPR course completion
document;
(b) Complete the EMT Authority approved Refresher
Training Program;
(c) Pass the EMT cognitive and practical examinations
within three attempts, including a same-day re-examination; and
(d) Complete the above listed program requirements
within 730 calendar days from expiration date.
(5) Reinstatement program for an Advanced EMT:
(a) Obtain an American Heart Association “Health Care
Provider,” or American Red Cross “Basic Life Support for the Professional
Rescuer,” or other Authority approved equivalent CPR course completion
document;
(b) Complete a Basic Trauma Life Support (BTLS) course,
or Pre-Hospital Trauma Life Support (PHTLS) course, provider or instructor
course; and
(c) Complete the above listed program requirements
within 730 calendar days from expiration date.
(6) Reinstatement program for an EMT-Intermediate:
(a) Obtain an American Heart Association “Health Care
Provider,” or American Red Cross “Basic Life Support for the Professional
Rescuer,” or other Authority approved equivalent CPR course completion
document;
(b) Complete an Authority approved EMT-Intermediate
refresher course consisting of at least:
(A) Thirty six hours of didactic instruction;
(B) Demonstration of five supervised and documented
successful pharyngeal esophageal airway device placements (mannequin permitted)
and five supervised and documented successful intravenous line placements
(mannequin permitted);
(c) Pass the EMT-Intermediate cognitive and practical
examination within three attempts, including the same day re-examination; and
(d) Complete the above listed program requirements
within 730 calendar days from expiration date.
(7) Reinstatement program for a Paramedic:
(a) Complete an Advanced Cardiac Life Support (ACLS)
course, provider or instructor course;
(b) Complete a Basic Trauma Life Support (BTLS) course,
or Pre-Hospital Trauma Life Support (PHTLS) course, provider or instructor
course;
(c) Complete an Advanced Pediatric Life Support (APLS),
Pediatric Advanced Life Support (PALS), Pediatric Education for Pre-hospital
Professionals (PEPP), or Neonatal Advance Life Support (NALS) course, provider
or instructor course;
(d) Complete the U.S. Department of Transportation,
National Highway Traffic Safety Administration 2001 Paramedic: National
Standard Curriculum Refresher Training Program, incorporated by reference;
(e) Pass the Paramedic cognitive and practical
examinations within three attempts, including the same-day re-examination;
(f) Complete the above listed program requirements
within two years of applying for reinstatement; and
(g) Document completion of a DOT Paramedic Training
Program taken after January 1, 1977.
(h) If the requirements described in OAR
333-265-0105(6) cannot be met prior to 730 calendar days from expiration date
an applicant must follow the National Registry’s re-entry requirements to
obtain a new National Registry certification before applying for a new license
as outlined in OAR 333-265-0025.
[ED. NOTE: Appendices referenced
are not included in rule text.]
Stat. Auth.: ORS 682.216
Stats. Implemented: ORS 682.017,
682.216
Hist.: PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 16-2010(Temp), f. & cert. ef. 7-16-10 thru 1-1-11; PH
1-2011, f. & cert. ef. 1-6-11; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0110
Licensed EMS Provider Continuing
Education Requirements for License Renewal
(1) An EMR is required to:
(a) Complete 12 hours of continuing education as
specified in Appendix 1, incorporated by reference;
(b) On or after July 1, 2012 but before July 1, 2014 an
EMR must complete 12 hours of continuing education as specified in Appendix 2,
incorporated by reference during which period a current National Registry of
Emergency Medical Technicians certification will not be accepted in lieu of
requirements listed in Appendix 2
(c) On or after July 1, 2014 an EMR must complete 12
hours of continuing education as specified in Appendix 1, incorporated by
reference; or
(d) Complete all requirements of the National Registry
of Emergency Medical Technicians for EMR re-registration.
(2) An EMT is required to:
(a) Complete 24 hours of continuing education as
specified in Appendix 1, incorporated by reference;
(b) On or after July 1, 2013 but before July 1, 2015 an
EMT must complete 24 hours of continuing education as specified in Appendix 3,
incorporated by reference during which period a current National Registry of
Emergency Medical Technicians certification will not be accepted in lieu of requirements
listed in Appendix 3;
(c) On or after July 1, 2015 an EMT must complete 24
hours of continuing education as specified in Appendix 1, incorporated by
reference; or
(d) Complete all requirements of the National Registry
of EMT or Emergency Medical Technician re-registration.
(3) An Advanced EMT is required to:
(a) Complete 36 hours of continuing education as
specified in Appendix 1, incorporated by reference;
(b) On or after July 1, 2013 but before July 1, 2015 an
Advanced EMT must complete 36 hours of continuing education as specified in
Appendix 3, incorporated by reference during which period a current National
Registry of Emergency Medical Technicians certification will not be accepted in
lieu of requirements listed in Appendix 3;
(c) On or after July 1, 2015 an Advanced EMT must
complete 36 hours of continuing education as specified in Appendix 1,
incorporated by reference; or
(d) Complete all requirements of the National Registry
of EMTs re-registration.
(4) An EMT-Intermediate is required to:
(a) Complete a course with published standards and
guidelines for cardiopulmonary resuscitation and emergency cardiac care in
which the EMT has demonstrated knowledge and skills in the performance of
subcutaneous (SQ) injections, automated external defibrillator (AED) operation,
one and two person rescuer cardiopulmonary resuscitation (adult, child, and
infant) and relief of foreign body airway obstruction; and
(b) Obtain at least 36 hours of continuing education as
specified in Appendix 1, incorporated by reference; or
(c) On or after July 1, 2013 but before July 1, 2015 an
EMT-Intermediate must complete 36 hours of continuing education as specified in
Appendix 3, incorporated by reference during which period a current National
Registry of Emergency Medical Technicians certification will not be accepted in
lieu of requirements listed in Appendix 3; or
(d) On or after July 1, 2015 an EMT-Intermediate must
complete 36 hours of continuing education as specified in Appendix 1,
incorporated by reference.
(5) A Paramedic is required to:
(a) Complete all requirements of the National Registry
of EMTs re-registration; or
(b) Obtain at least 48 hours of continuing education as
specified in Appendix 1, incorporated by reference; or
(c) On or after July 1, 2013 but before July 1, 2015 a
Paramedic must complete 48 hours of continuing education as specified in
Appendix 3, incorporated by reference during which period a current National
Registry of Emergency Medical Technicians certification will not be accepted in
lieu of requirements listed in Appendix 3; or
(d) On or after July 1, 2015 a Paramedic must complete
48 hours of continuing education as specified in Appendix 1, incorporated by
reference.
(6) All continuing education credits specified in
sections (1) through (5) of this rule shall be completed between the date of
the license holder’s last successful application to the date of the license
holder’s current license renewal application.
(7) Continuing education credit shall be granted for:
(a) Attending training seminars, educational
conferences, and continuing education classes within the license holder’s scope
of practice;
(b) Attending approved courses for the same or higher
level of licensure;
(c) Online continuing education that provides a
certificate of completion and is approved by the Continuing Education
Coordinating Board for Emergency Medical Services (CECBEMS);
(d) Related accredited college courses will count one
hour per credit hour received; and
(e) Authority approved license renewal courses.
(8) Up to 50 percent of the hours of continuing
education credits for each subject listed in section 1 of the appropriate
Appendix as incorporated by reference may be obtained by:
(a) Watching a video, CD-ROM, or other visual media;
(b) Being an EMT practical licensure exam evaluator, if
the license holder is qualified as such;
(c) Reading EMS journals or articles; and
(d) Teaching any of the topics listed in the Appendices
as incorporated by reference, if the license holder is qualified to teach the
subject.
(9) In addition to the hours of continuing education
required in this rule, any affiliated EMS Provider license holder must, as
specified in section 2 of the Appendices, incorporated by reference,
demonstrate skills proficiency through a hands-on competency examination
supervised by the EMS Medical Director or his or her designee. An EMS Medical
Director may require successful performance in a minimum number of clinical
skills in these areas on either human subjects or mannequins (e.g.
venipunctures, endotracheal intubations, etc.).
(10) An EMS Medical Director may require additional
continuing education requirements and skill competency.
(11) When a license holder obtains an initial license
and there is:
(a) Less than six months until license renewal, no
continuing education credits are required to obtain license renewal;
(b) More than six months but less than one year until
license renewal, the license holder must complete 50 percent of the continuing
education credits in each category; or
(c) More than one year until license renewal, the
license holder must complete all continuing education credits.
(12) Continuing education credits are granted on an
hour-for-hour basis.
(13) It shall be the responsibility of each license
holder to ensure the hours obtained meet the Authority’s license renewal
requirements.
(14) A license holder must submit proof, in a manner
prescribed in OAR 333-265-0140 that the continuing education requirements have
been met.
(15) Education programs, journals and articles used
towards continuing education must be approved by the EMS Medical Director or
the Authority.
[ED. NOTE: Appendices referenced
are available from the agency.]
Stat. Auth.: ORS 682.017, 682.216
Stats. Implemented: ORS 682.017,
682.216
Hist.: HD 18-1994, 6-30-94, cert.
ef. 7-1-94; HD 63, f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef. 1-14-81;
Renumbered from 333-023-0645; HD 19-1984, f. & ef. 9-10-84; HD 16-1986, f.
& ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD 18-1994, f.
6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0045; HD 8-1995, f. &
cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. &
cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 1-2011, f.
& cert. ef. 1-6-11; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0140
Maintaining Licensed EMS Provider
Continuing Education Records
(1) A license holder is responsible for retaining
records that show successful completion of all required continuing education
for the two previous licensure periods.
(2) The Authority will accept as proof of successful
completion:
(a) A class roster that contains:
(A) The name of the teaching institution or EMS agency;
(B) The date of the class;
(C) The class topic;
(D) The length of the class;
(E) The full name of the license holder attending the
class; and
(F) The full name of the instructor.
(b) A computer-generated printout history of the
license holder’s continuing education record that contains:
(A) The full name of the license holder;
(B) The name of the teaching institution or EMS agency
conducting the classes;
(C) The dates of the classes;
(D) The class topics;
(E) The length of each class; and
(F) The full name of each instructor.
(c) A certificate of course completion for one or more
topics that contains:
(A) The name of the teaching institution or EMS agency
conducting the course;
(B) The date(s) of the course;
(C) The course topic(s);
(D) The length of the course; and
(E) The full name of the license holder attending the
course.
(d) If the certificate does not list each course topic,
then a copy of the program listing each course topic and length of each
presentation must be attached to the certificate.
Stat. Auth.: ORS 682.017, 682.216
Stats. Implemented: ORS 682.017,
682.216
Hist.: HD 18-1994, 6-30-94, cert.
ef. 7-1-94; OHD 9-2001, f. & cert. ef. 4-24-01; OHD 9-2001, f. & cert.
ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0150
Licensed EMS Provider Continuing
Education Records Audit
(1) The Authority may conduct an audit of a license
holder’s continuing education records:
(a) The Authority shall notify the license holder by
certified mail that he or she is being audited and provide him or her with the
necessary audit forms and the date the completed forms are to be returned to
the Authority; and
(b) Upon the return of the completed audit forms to the
Authority, the Authority shall begin the process of verifying the continuing
education records.
(2) If, in the course of an audit of continuing
education records, the Authority learns that, contrary to the sworn statement
in the application for license renewal or in the official audit form, the
license holder has not completed all necessary continuing education
requirements, the Authority may:
(a) Discipline the license holder as set out in OAR
333-265-0080;
(b) Assess a monetary penalty in the amount of $10 per
each hour of deficient continuing education; or
(c) Require the license holder to demonstrate his or
her knowledge and psychomotor skills by taking and passing a cognitive and
practical examination conducted by the Authority.
(3) The actions taken by the Authority in section (2)
of this rule will be done in accordance with ORS Chapter 183.
Stat. Auth.: ORS 682.017, 682.216,
682.220, 682.224
Stats. Implemented: ORS 682.017, 682.208,
682.220, 682.224
Hist.: HD 18-1994, 6-30-94, cert.
ef. 7-1-94; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert.
ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0160
License Holder’s Responsibility to
Notify the Authority of Changes
(1) A license holder must keep the Authority apprised
of and report the following changes within 30 calendar days of a change in:
(a) EMS Medical Director, unless the license holder is
affiliated with an ambulance service that is on file with the Authority.
(b) Legal name;
(c) Home address;
(d) Main contact phone number; or
(e) EMS affiliation.
(2) When reporting a new affiliation an EMS Provider
must supply the Authority with verification of completion of skills competency
as referenced in Appendix 1 and it must be signed by his/her medical director
or designee unless verification was completed during the most recent license
renewal period.
[ED. NOTE: Appendices referenced
are not included in rule text.]
Stat. Auth.: ORS 682.017, 682.208,
682.220, 682.224
Stats. Implemented: ORS 682.017,
682.208, 682.220, 682.224
Hist.: HD 18-1994, 6-30-94, cert.
ef. 7-1-94; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert.
ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10,
cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
333-265-0170
Displaying EMS Provider Licensure
Level
(1) A licensed EMS Provider providing patient care must
display his or her level of licensure on the outmost garment of his or her
usual work uniform.
(2) A licensed EMS Provider-licensure level need not be
displayed on emergency work apparel not normally worn during the provision of
pre-hospital patient care, such as haz-mat suits, anti-contamination or
radiation suits, firefighting apparel, etc.
(3) A licensed EMS Provider responding from home or
other off-duty locations shall make a reasonable effort to display his or her
licensure level. Baseball-type hats, T-shirts, safety vests, etc. are accepted
for this purpose.
Stat. Auth.: ORS 682.017, 682.204,
682.220, 682.265
Stats. Implemented: ORS 682.017,
682.204, 682.220, 682.225
Hist.: OHD 9-2001, f. & cert.
ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 15-2011, f. 12-28-11,
cert. ef. 1-1-12
Rule
Caption: Updates rules for county issuance
of certified copies and state amendment of vital records.
Adm.
Order No.: PH 16-2011
Filed with Sec. of
State: 12-28-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 11-1-2011
Rules Amended: 333-011-0006, 333-011-0016, 333-011-0061, 333-011-0101
Subject: The Oregon Health Authority, Public Health Division,
Center for Health Statistics is permanently amending administrative rules in
chapter 333, division 11 related to vital records. The proposed amendments
clarify and update the rules to current procedures for county registration and
issuance of vital records, and amendment of vital records at the State Vital
Records office.
The proposed
amendments: Defines registrant for purposes of amending records and obtaining
certified copies; Clarifies that all requested data, including health and
statistical, is required prior to registration of vital record; Describes
method to amend declarations of Oregon registered domestic partnerships and
reports of dissolution of domestic partnerships; Limits amendments to parent
information on certificates of birth; Revises process of issuing certified
copies of vital records at county offices; and Modifies time to forward vital
records to the State Vital Records office.
Rules Coordinator: Brittany Sande—(971) 673-1291
333-011-0006
Definitions
As used in OAR 333-011-0006 to 333-011-0116, unless the
context denotes otherwise:
(1) “Dead Body” means a human body or such parts of
such human body from the condition of which it reasonably may be concluded that
death recently occurred.
(2) “Division” means the Oregon Public Health Division.
(3) “Fetal Death” means death prior to the complete
expulsion or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy; the death is indicated by the fact
that after such expulsion or extraction the fetus does not breathe or show any
other evidence of life such as beating of the heart, pulsation of the umbilical
cord, or definite movement of voluntary muscles:
(a) “Induced termination of pregnancy” means the
purposeful interruption of pregnancy with the intention other than to produce a
live-born infant or to remove a dead fetus and which does not result in a live
birth;
(b) “Spontaneous fetal death” means the expulsion or
extraction of a product of human conception resulting in other than a live
birth and which is not an induced termination of pregnancy.
(4) “File” means the presentation of a vital record
provided for in ORS chapter 432 for registration by the Vital Statistics
Section.
(5) “Final Disposition” means the burial, interment,
cremation, removal from the state, or other authorized disposition of a dead
body or fetus.
(6) “Institution” means any establishment, public or
private, which provides in-patient medical, surgical, or diagnostic care or
treatment or nursing, custodial, or domiciliary care, or to which persons are
committed by law.
(7) “Live Birth” means the complete expulsion or
extraction from its mother of a product of human conception, irrespective of
the duration of pregnancy, which, after such expulsion or extraction, breathes,
or shows any other evidence of life such as beating of the heart, pulsation of
the umbilical cord, or definite movement of voluntary muscles, whether or not
the umbilical cord has been cut or the placenta is attached.
(8) “Physician” means a person authorized or licensed
under the laws of this state to practice medicine, osteopathy, chiropractic, or
naturopathy.
(9) “Registrant” is the subject of the vital record
including the child on a birth record, the decedent on the death record, the
husband or wife on a marriage or divorce record, and a partner on a declaration
of Oregon registered domestic partnership or dissolution of domestic
partnership record.
(10) “Registration” means the acceptance by the Vital
Statistics Section and the incorporation of vital records provided for in ORS
Chapter 432 into its official records.
(11) “Search of the Files” means consultation of the
file or the index to the file for the year in which the event is stated to have
occurred. A consultation of the file or index to the file for two years on each
side of the year in which the event is stated to have occurred will be
considered a part of the same search procedure when the record is not located
in the stated year.
(12) “System of Vital Statistics” means the
registration, collection, preservation, amendment and certification of vital
records; the collection of other reports required by ORS Chapter 432, and
activities related thereto including the tabulation, analysis and publication
of vital statistics.
(13) “Vital Records” means certificates or reports of
birth, death, marriage, dissolution of marriage and data related thereto.
(14) “Vital Statistics” means the data derived from
certificates and reports of birth, death, spontaneous fetal death, induced
termination of pregnancy, marriage, dissolution of marriage and related
reports.
Stat. Auth.: ORS 432.005
Stats. Implemented: ORS 432.005
Hist.: HB 169, f. & ef.
10-16-63; HB 247, f. 6-2-70; HB 286-A(2) and HB 38, f. 7-23-73, ef. 8-15-73; HD
24-1981, f. & ef. 11-17-81; PH 16-2011, f. 12-28-11, cert. ef. 1-1-12
333-011-0016
Duties of State Registrar
(1) Forms. All forms, certificates, and reports used in
the system of vital statistics are the property of the Public Health Division
— hereinafter referred to as “State Agency” — and shall be
surrendered to the State Registrar of Vital Statistics — hereinafter
referred to as “State Registrar” — upon demand. The forms prescribed and
distributed by the State Registrar for reporting vital statistics shall be used
only for official purposes. Only those forms furnished or approved by the State
Registrar shall be used in the reporting of vital statistics or in making
copies thereof.
(2) Requirements for preparation of certificates. All
certificates and records relating to vital statistics must either be prepared
on a typewriter with a black ribbon or printed legibly in black, unfading ink.
All signatures required shall be entered in black, unfading ink. Unless
otherwise directed by the State Registrar, no certificate shall be complete and
correct and acceptable for registration:
(a) That does not have the certifier’s name typed or
printed legibly under his or her signature;
(b) That does not supply all items of information
called for thereon, including those items identified as for medical, health or
statistical use, or satisfactorily account for their omission;
(c) That contains alterations or erasures;
(d) That does not contain handwritten signatures as
required;
(e) That is marked “copy” or “duplicate”;
(f) That is a carbon copy;
(g) That is prepared on an improper form;
(h) That contains improper or inconsistent data;
(i) That contains an indefinite cause of death which
denotes only symptoms of disease or conditions resulting from disease;
(j) That is not prepared in conformity with regulations
or instructions issued by the State Registrar.
Stat. Auth.: ORS 432.030
Stats. Implemented: ORS 432.030
Hist.: HB 169, f. & ef.
10-16-63; HD 24-1981, f. & ef. 11-17-81; PH 16-2011, f. 12-28-11, cert. ef.
1-1-12
333-011-0061
Amendment of Vital Records
(1) All Amendments. Unless otherwise provided in these
regulations or in the statute, all amendments to vital records shall be
supported by:
(a) An affidavit setting forth:
(A) Information to identify the certificate;
(B) The incorrect data as it is listed on the
certificate;
(C) The correct data as it should appear.
(b) One or more items of documentary evidence which
support the alleged facts and which were established at least five years prior
to the date of application for amendment or within seven years of the date of
the event;
(c) The State Registrar shall evaluate the evidence
submitted in support of any amendment, and when the State Registrar finds
reason to doubt its validity or adequacy the amendment may be rejected and the
applicant advised of the reasons for this action.
(2) Who May Apply:
(a) To amend a birth certificate, application may be
made by one of the parents, the legal guardian, the registrant if 18 years of
age or over, or the individual responsible for filing the certificate;
(b) To amend a death certificate, application may be
made by the next of kin or the funeral director or person acting as such who
signed the death certificate. Applications to amend the medical certification
of cause of death shall be made only by the physician who signed the medical
certification or the medical examiner;
(c) To amend certificates of marriage and reports of
dissolution of marriage a signed statement must be received from the custodian
of the official record from which the report or certificate was prepared,
stating in what manner such record has been amended. Those items appearing on
the dissolution of marriage record which are not a part of the dissolution of
marriage decree may be amended either upon query by the State Registrar or
application of the parties to the dissolution of marriage or their legal representatives;
(d) To amend declarations of Oregon registered domestic
partnership and reports of dissolution of domestic partnership a signed
statement must be received from the custodian of the official record from which
the declaration or record was prepared, stating in what manner such record has
been amended. Those items appearing on the dissolution of domestic partnership
record which are not a part of the dissolution of domestic partnership decree
may be amended either upon query by the State Registrar or application of the
parties to the dissolution of domestic partnership or their legal
representatives.
(3) Amendment of Registrant’s First, Middle and Last
Names on Birth Certificates Within the First Year. Until the registrant reaches
the age of one year first, middle, and last names may be amended upon written
request of:
(a) Both parents; or
(b) The mother in the case of a child born out of
wedlock or in the case of the death or incapacity of the father; or
(c) The father in the case of the death or incapacity
of the mother; or
(d) The legal guardian or agency having legal custody
of the registrant.
(4) Amendment of Registrant’s First, Middle and Last
Names on Birth Certificates After the First Year.
(a) After one year from the date of birth the provisions
of section (1) of this rule must be followed to amend a first, middle or last
name if the name was misspelled on the birth certificate.
(b) A legal change of name order must be submitted from
a court of competent jurisdiction to change a first, middle or last name that
appears on the birth certificate after one year from date of birth.
(5) Addition of First, Middle and Last Name of a
Registrant on a Birth Certificate.
(a) Until the registrant’s seventh birthday, first,
middle and last names, for a child whose birth was recorded without such names,
may be added to the certificate upon written request of:
(A) Both parents; or
(B) The mother in the case of a child born out of
wedlock or in the case of death or incapacity of the father; or
(C) The father in the case of the death or incapacity
of the mother; or
(D) The legal guardian or agency having legal custody
of the registrant.
(b) After seven years the provisions of section (1) of
this rule must be followed to add a first, middle or last name.
(6) Amendment of Parents’ Information on Birth
Certificates. When a requested amendment to an item, in combination with
previous amendments or concurrent requests for amendment, would appear to
change the identity of the parent through cumulative changes to name, date of
birth, or place of birth, the State Registrar shall only make such an amendment
upon receipt of a court order from a court of competent jurisdiction.
(7) Medical Items on Death Certificates. All items of a
medical nature may be amended only upon receipt of a signed statement from
those persons responsible for the completion of such items. The State Registrar
may require documentary evidence to substantiate the requested amendment.
(8) Amendment of the Same Item More Than Once. Once an
amendment of a non-medical item is made on a vital record, that item shall not
be amended again except upon receipt of a court order from a court of competent
jurisdiction.
(9) Amendment of Minor Errors on Birth Certificates
During the First Year. Amendment of obvious errors, transposition of letters in
words of common knowledge, or omissions may be made by the State Registrar
within one year after the date of birth either upon the State Registrar’s
observation or upon request of one of the parents, the legal guardian, or the
individual responsible for filing the certificate. The certificate shall not be
marked “Amended”.
(10) Methods of Amending Certificates. Certificates of
birth, death, marriage, reports of dissolution of marriage, declaration of
Oregon registered domestic partnership and dissolution of domestic partnership
may be amended by the State Registrar in the following manner:
(a) Preparing a new certificate showing the correct
information when the State Registrar deems that the nature of the amendment so
requires:
(A) The new certificate shall be prepared on the form
used for registering current events at the time of amendment. Except as
provided elsewhere in these regulations, the item that was amended shall be
identified on the new certificate;
(B) In all cases, the new certificate shall show the
date the amendment was made and be given the same state file number as the
existing certificate. Signatures appearing on the existing certificate shall be
typed on the new certificate.
(b) Completing the item in any case where the item was
left blank on the existing certificate;
(c) Drawing a single line through the item to be
amended and inserting the correct data immediately above or to the side
thereof. The line drawn through the original entry shall not obliterate such
entry;
(d) Completing a special form for attachment to the
original record. Such form shall include the incorrect information as it
appears on the original certificate, the correct information as it should
appear, an abstract of the documentation used to support the amendment, and
sufficient information about the registrant to link the special form to the
original record. When a copy of the original record is issued, a copy of the
amendment must be attached;
(e) A certificate of birth amended for gender shall be
amended by preparing a new certificate. The item that was amended shall not,
however, be identified on the new certificate or on any certified copies that
may be issued of that certificate;
(f) In all cases, there shall be inserted on the
certificate a statement identifying the affidavit or documentary evidence used
as proof of the correct facts, the date the amendment was made, and the
initials of the person making the change. As required by statute or regulation,
the certificate shall be marked “Amended”.
Stat. Auth.: ORS 432.235
Stats. Implemented: ORS 432.235
Hist.: HB 169, f. & ef.
10-16-63; HD 24-1981, f. & ef. 11-17-81; HD 2-1985, f. & ef. 2-19-85;
PH 16-2011, f. 12-28-11, cert. ef. 1-1-12
333-011-0101
Copies of Data From Vital Records
(1) Full or short form certified copies of vital
records may be made by mechanical, electronic, or other reproductive processes,
except that the information contained in the “Information for Medical and
Health Use Only” section of the birth certificate shall not be included.
(2) When a certified copy is issued, it shall be
certified as a true copy by an authorized agent and shall include the date
issued, the name of the State Registrar, the State Registrar’s signature or an
authorized facsimile thereof, and the seal of the State and Agency authorized
under ORS 432.010.
(3) Confidential verification of the facts contained in
a vital record may be furnished by the State Registrar to any federal, state,
county, or municipal government agency or to any other agency representing the
interest of the registrant, subject to the limitations as indicated in section
(1) of this rule. Such confidential verifications shall be on forms prescribed
and furnished by the State Registrar or on forms furnished by the requesting
agency and acceptable to the State Registrar; or, the State Registrar may
authorize the verification in other ways when it shall prove in the best
interests of his or her office.
(4) When the State Registrar finds evidence that a certificate
was registered through misrepresentation or fraud, he or she shall have
authority to withhold the issuance of a certified copy of such certificate
until a court determination of the facts has been made.
(5) The State Registrar shall determine the minimum
information needed to locate and identify a particular record within the files.
(6) Subject to the penalties of ORS 432.993, no person
is authorized to photograph, photostat, duplicate, or issue what purports to be
a certified copy, certification, or certificate of birth, death, or fetal death
except authorized employees of the Public Health Division, county registrars,
or their deputies, acting in accordance with directives, regulations, or law
governing their official duties.
(7) The county registrar shall forward death records
that have been registered at the county to the State Registrar within three
business days of the date registered by the county registrar. County registrars
may issue certified copies from the original record while the original record
is in the possession of the county. County registrars may maintain a copy of
the completed death record for a period up to fourteen calendar days from the
date the record is forwarded to the state and within that time period may issue
from that copy until the record is registered in the state vital records
system. After the death record is registered in the state vital records system,
the County Registrar may issue only from the state vital records system for a
period not to exceed six months from the date of death.
(8) The county registrar shall forward any completed
original birth records received to the State Registrar immediately for
registration at the state.
(9) County registrars may apply to the State Registrar
for authorization to issue certified copies of birth certificates for a period
not to exceed six months from the date of birth. The application shall specify
local needs and interests which the issuance would serve. If approved, the
county registrar may issue certified copies of registered birth records from
the state vital records system for a period not to exceed six months from the
date of birth.
Stat. Auth.: ORS 432.010, 432.085
& 432.121
Stats. Implemented: ORS 432.010,
432.085 & 432.121
Hist.: HB 169, f. & ef.
10-16-63; HD 24-1981, f. & ef. 11-17-81; HD 3-1986, f. & ef. 2-5-86; PH
16-2011, f. 12-28-11, cert. ef. 1-1-12
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
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