Oregon Bulletin
Rule
Caption: Expands the number of qualifying
continuing professional development courses and adds safety training.
Adm.
Order No.: BMP 7-2011
Filed with Sec. of
State: 12-29-2011
Certified to be
Effective: 12-30-11
Notice Publication
Date: 12-1-2011
Rules Adopted: 856-010-0027
Rules Amended: 856-010-0015
Subject: Continuing professional development (CPD) requirements
were first adopted in 2000 and were changes effective April 27, 2010. The
original CPD requirements were deleted from the Renewal of License rules and
incorporated into a new rules as an expanded list of approved topics from which
licensees can choose to comply with requirements for annual license renewals.
By correspondence of October 11, 2011, Legislative Council advised that the
Board failed to submit a copy of the adopted rules within the 10-day period as
required by ORS 183.71591). The previous rulemaking is being re-noticed to
comply.
Rules Coordinator: Susan Johnson—(971) 673-1530
856-010-0015
Renewal of License
(1) Application for renewal of license shall be made on
a form provided by the board, signed by the applicant, accompanied by the
physical examination form provided by the board and presented to the
administrator of the board at least thirty (30) days prior to expiration of
license.
(2) All state-licensed pilots shall be required to have
an annual physical examination by an Oregon or Washington licensed physician
within ninety (90) days prior to expiration of their license, the physical
requirements for which are the same as for the original license as specified in
OAR 856-010-0010(2), except for drug testing.
(3) All state-licensed pilots shall, within six months
prior to the expiration of their license, submit to a test indicating licensee
is free of illegal substance abuse. Testing will be for the presence of
Cocaine, Opiates, Marijuana (THC), Amphetamines and PCP (phencyclidine).
Testing will be in accordance with the Department of Transportation (Coast
Guard) guidelines outlined in the Code of Federal Regulations 46, CFR § 16
(2009). Urine specimens are to be analyzed by a laboratory that meets DHHS
regulations set forth by the National Institute of Drug Abuse (NIDA); or
provide proof to the board that licensee is participating in a US Coast Guard
approved random drug testing program;
(4) All applicants for renewal of licenses shall submit
a photocopy of their currently applicable United States government license with
radar endorsement issued by the United States Coast Guard.
(5) All applicants for renewal of unlimited licenses
shall provide certification of meeting the continuing professional development
requirements specified in OAR 856-010-0027. Unless waived as provided below in
this paragraph, failure to comply with all requirements for renewal of license
shall constitute the failure to submit a complete application for renewal and
will result in the withholding of the renewal license. A pilot who is unable to
complete the requirements within the time allowed due to unexpected, emergency
circumstances may request in writing a waiver and the Board may, upon good
cause shown, permit a license renewal for one year without the requirements
being met, provided that all required certifications must be made by the
applicant at the time application for renewal is made the following year.
(6) Each license issued is valid for one year and only
the unlimited state license may be renewed.
(7) Notwithstanding subsection (4) of this section, if
a pilot has submitted an application for renewal of the pilot’s federal license
at least 60 days prior to the expiration date of his federal license, but the
United States Coast Guard has not completed its renewal process by the
expiration date for the federal license and the pilot has, for that reason, no
currently applicable federal license at the time of renewing his state license,
then the board may issue a provisionally renewed state license. Any pilot to
whom a provisionally renewed state license is issued must report to the board
every 30 days regarding the status of the pilot’s federal license renewal. If
the United States Coast Guard completes its processing for the federal license
but declines to renew the federal license, the board may treat the refusal to
renew the federal license as a suspension or revocation of the federal license.
Stat. Auth.: ORS 776, 670
Stats. Implemented: ORS 776.115,
670.310
Hist.: PC 1, f. 10-29-57, ef.
7-1-57; MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88;
MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1995, f. & cert. ef. 5-9-96;
BMOP 1-2000, f. & cert. ef. 12-6-00; BMP 4-2006, f. 9-28-06, cert. ef.
10-6-06; BMP 1-2007, f. 1-25-07, cert. ef. 1-26-07; BMP 4-2008, f. & cert.
ef. 1-24-08; BMP 1-2009(Temp), f. & cert. ef. 2-10-09 thru 8-7-09;
Administrative correction 8-21-09; BMP 5-2009, f. & cert. ef. 8-24-09; BMP
1-2010, f. & cert. ef. 4-27-10; BMP 1-2011, f. 6-28-11, cert. ef. 6-29-11;
BMP 7-2011, f. 12-29-11, cert. ef. 12-30-11
856-010-0027
Continuing Professional
Development & Safety Training
(1) All applications for renewal of an unlimited
license after January 1, 2012 shall, within the sixty-three (63) months
preceding the expiration date of their license, complete of a minimum of 10
days of continuing professional development training, as provided in paragraphs
(a) and (b) below.
(a) Each pilot shall satisfactorily complete a five (5)
day manned model course at a Board approved manned model facility.
(b) Each pilot shall satisfactorily complete an
additional five (5) days of course work, at least one day of which must be
Bridge Resources Management for Pilots. All courses must be conducted at an
accredited college, maritime academy, U.S. Coast Guard approved training
facility or conducted by an expert in a field related to the subject matter of
the course. All courses must cover one or more subject matter topics approved by
the Board in advance of the course being taken. The Board shall maintain a list
of approved topics, which may include, but are not limited to:
(A) Emergency Shiphandling for Pilots
(B) Advanced Electronic Navigation Systems
(C) Azipod Controls and Operations with Azipods
(D) Fatigue, Sleep and Medications for Pilots
(E) Legal Aspects of Pilotage, including State Statutes
and Regulations for Pilots
(F) Maritime Domain Awareness and Security for Pilots
(G) Crisis Management and Media Response
(H) Pilot Self-Assessment Simulation
(I) Advanced Shiphandling Simulation
(J) Operation with Tugs for Pilots
(K) Radar Observer (credit limited to one day per
reporting period)
(L) Bridge Resources Management for Pilots
(M) Train the Trainer
(2) In addition to satisfying the requirements set
forth above, each pilot holding an unlimited license shall complete a minimum
of one day of personal safety training during the 12-month period preceding the
expiration date of their license. The Board shall maintain a list of pre-approved
training, which may include, but are not limited to:
(a) CPR.
(b) Man Overboard (MOB).
(c) Cold Water Survival.
(d) Helicopter Dunker.
(e) Pilot Boat Drills.
(f) Rescue Systems.
(g) STCW — Basic Safety Training.
(3) Each pilot shall, within 30 days after completing
any training course required by paragraphs (1)(a) or (1)(b) above, submit to
the Board an evaluation of the course, on a form provided by the Board. The
requirement to provide a course evaluation goes into effect immediately upon
the adoption of this rule.
Stat. Auth.: ORS 776 & 670
Stats. Implemented: ORS 776.115
& 670.310
Hist.: BMP 1-2010, f. & cert.
ef. 4-27-10; BMP 7-2011, f. 12-29-11, cert. ef. 12-30-11
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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