Oregon Bulletin
Rule
Caption: Amend license cycle for athletic
trainers from a two year registration to a one year registration.
Adm.
Order No.: HLA 5-2011(Temp)
Filed with Sec. of
State: 8-1-2011
Certified to be
Effective: 8-1-11 thru 1-28-12
Notice Publication
Date:
Rules Amended: 331-105-0030
Subject: The Oregon Health Licensing Agency (Agency) is
amending several programs’ authorization cycle from a two year cycle to an
annual cycle. The purpose of the revision is to stabilize revenue streams
within the Agency and reduce the economic impact of paying a two year
registration fee for initial licenses and renewals. Fees will be decreased by
half to help reduce barriers to registration for new registrants.
Rules Coordinator: Samantha Patnode—(503) 373-1917
331-105-0030
Fees
(1) Applicants and registrants are subject to the
provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees,
penalties and charges.
(2) Fees established by the Oregon Health Licensing
Agency are as follows:
(a) Application:
(A) Registration: $100.
(B) Registration by reciprocity: $150.
(b) Examination — Oregon laws & rules: $50.
(c) Original issuance of registration (including by
reciprocity): $225 for one year.
(d) Permits and waivers: $150.
(e) Renewal of registration: $225 for one year.
(f) Delinquent (late) renewal of registration: $25 for
the first month in expired status, and $10 each month thereafter while in an
expired status.
(g) Reinstatement: $150.
(h) Replacement of registration, including name change:
$25.
(i) Duplicate registration document: $25 per copy with
maximum of three.
(j) Affidavit of licensure: $50.
(k) An additional $25 administrative processing fee
will be assessed if a NSF or non-negotiable instrument is received for payment
of fees, penalties and charges. Refer to OAR 331-010-0010.
Stat. Auth.: 1999 OL Ch. 736, Sec.
5(3) & (4) & Sec. 10
Stats. Implemented: 1999 OL Ch.
736, Sec. 5(3) & (4) & Sec. 10
Hist.: HDLB 2-1996, f. 12-13-96,
cert. ef. 1-1-97; HDLP 1-2000(Temp), f. 2-14-00, cert. ef. 2-15-00 thru
8-11-00; Administrative correction 3-16-00; HDLP 3-2000, f. 7-26-00, cert. ef.
8-1-00; HLO 3-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 2-2006, f. 11-30-06,
cert. ef. 12-1-06; HLA 3-2008, f. 9-15-08, cert. ef. 10-1-08; HLA 5-2011(Temp),
f. & cert. ef. 8-1-11 thru 1-28-12
Rule
Caption: Amend license cycle for hearing
aid specialists from a two year license to a one year license.
Adm.
Order No.: HLA 6-2011(Temp)
Filed with Sec. of
State: 8-1-2011
Certified to be
Effective: 8-1-11 thru 1-28-12
Notice Publication
Date:
Rules Amended: 331-601-0010
Subject: The Oregon Health Licensing Agency (Agency) is
amending several programs’ authorization cycle from a two year cycle to an
annual cycle. The purpose of the revision is to stabilize revenue streams
within the Agency and reduce the economic impact to licensees. Fees will be
decreased by half to help reduce barriers to licensure for new licensees.
Rules Coordinator: Samantha Patnode—(503) 373-1917
331-601-0010
Fees
(1) Applicants and licensees are subject to the provisions
of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties
and charges.
(2) Fees established by the Oregon Health Licensing
Agency are as follows:
(a) Application:
(A) License: $125.
(B) Temporary license: $150.
(C) Trainee registration: $100.
(b) Examination:
(A) Oregon laws & rules: $50.
(B) Written: $150.
(C) Practical: $175.
(D) Audiologist: $50.
(c) Original issuance of license:
(A) License: $125 for one year.
(B) Temporary license: $100.
(d) Renewal of license: $125 for one year.
(e) Delinquent (late) renewal of license: $25 for the
first month in expired status, and $10 each month thereafter while in an
expired status.
(f) Replacement of license, including name change: $25.
(g) Duplicate license document: $25 per copy with
maximum of three.
(h) Affidavit of licensure: $50.
(i) An additional $25 administrative processing fee
will be assessed if a NSF or non-negotiable instrument is received for payment
of fees, penalties and charges. Refer to OAR 331-010-0010.
Stat. Auth.: ORS 676.605, 676.615,
694.155 & 694.185
Stats. Implemented: ORS 676.605,
676.615, 694.155 & 694.185
Hist.: HD 24-1985(Temp), f. &
ef. 10-17-85; HD 33-1985, f. & ef. 12-13-85; HD 8-1990, f. 4-4-90, cert.
ef. 4-5-90; HD 14-1990, f. 6-1-90, cert. ef. 7-1-90; HD 17-1990(Temp), f.
6-15-90, cert. ef. 7-1-90; HD 21-1990(Temp), f. & cert. ef. 7-3-90; HD
22-1990, f. & cert. ef. 8-15-90; HD 14-1991(Temp), f. 9-30-91, cert. ef.
10-1-91; HD 21-1991, f. & cert. ef. 12-31-91; HD 18-1997, f. 12-12-97,
cert. ef. 12-15-97; OHD 9-1999, f. & cert. ef. 11-15-99; OHD 10-2000, f.
& cert. ef. 11-15-00; Renumbered from 333-025-0005, HLO 6-2004, f. 6-29-04,
cert. ef. 7-1-04; HLA 6-2008, f. 9-15-08, cert. ef. 10-1-08; HLA 6-2011(Temp),
f. & cert. ef. 8-1-11 thru 1-28-12
Rule
Caption: Amend license cycle for
respiratory therapists from a two year license to a one year license.
Adm.
Order No.: HLA 7-2011(Temp)
Filed with Sec. of
State: 8-1-2011
Certified to be
Effective: 8-1-11 thru 1-28-12
Notice Publication
Date:
Rules Amended: 331-705-0060
Subject: The Oregon Health Licensing Agency (Agency) is
amending several programs’ authorization cycle from a two year cycle to an
annual cycle. The purpose of the revision is to stabilize revenue streams
within the Agency and reduce the economic impact to licensees. Fees will be
decreased by half to help reduce barriers to licensure for new licensees.
Rules Coordinator: Samantha Patnode—(503) 373-1917
331-705-0060
Fees
(1) An applicant or licensee are subject to the
provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees,
penalties and charges.
(2) Fees established by the Oregon Health Licensing
Agency are as follows:
(a) Application:
(A) License: $150.
(B) Temporary license: $50.
(b) Examination — Oregon laws & rules: $50.
(c) Original issuance of authorization to practice:
(A) License: $50 for one year.
(B) Temporary license (six month, non renewable): $50.
(d) Renewal of license: $50 for one year.
(e) Delinquent (late) renewal of license: $50 for each
year in expired status up to three years.
(f) Restoration of license: $100.
(g) Replacement of license, including name change: $25.
(h) Duplicate license document: $25 per copy with
maximum of three.
(i) Affidavit of licensure for reciprocity: $50.
(j) Reactivation: $150.
(k) An additional $25 administrative processing fee
will be assessed if a NSF or non-negotiable instrument is received for payment
of fees, penalties and charges. Refer to OAR 331-010-0010.
Stat. Auth.: ORS 688.830(9)
Stats. Implemented: ORS 688.830(9)
Hist.: HDLB 1-1997(Temp), f.
12-19-97, cert. ef. 12-22-97 thru 6-19-98; HDLP 1-1998(Temp), f. & cert.
ef. 3-20-98 thru 4-1-98; HDLP 2-1998, f. & cert. ef. 6-15-98; HDLP 2-2002,
f. 12-20-02 cert. ef. 1-1-03; HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04; HLA
7-2008, f. 9-15-08, cert. ef. 10-1-08; HLA 2-2009(Temp), f. 11-30-09, cert. ef.
12-1-09 thru 5-15-10; HLA 1-2010, f. 2-26-10, cert. ef. 3-1-10; HLA 7-2010, f.
& cert. ef. 11-1-10; HLA 7-2011(Temp), f. & cert. ef. 8-1-11 thru
1-28-12
Rule
Caption: Define terms used in ORS 676.612
and active military status protocols for authorization holders.
Adm.
Order No.: HLA 8-2011
Filed with Sec. of
State: 8-9-2011
Certified to be
Effective: 8-15-11
Notice Publication
Date: 6-1-2011
Rules Adopted: 331-010-0050
Rules Amended: 331-020-0040, 331-020-0070
Subject: Adopt 331-010-0050 allowing authorization holders in
active military status waiver of renewal, fees and continuing education
requirements, as well as protocols for restoration of former authorization
status.
Define and
clarify what constitutes an appearance before the agency during investigations
of alleged violations of statutes or rules under the authority of the Oregon
Health Licensing Agency (OHLA), its boards or councils.
Define and
clarify the terms incompetence and negligence used in ORS 676.612 in relation
to the boards or councils under the OHLA.
Rules Coordinator: Samantha Patnode—(503) 373-1917
331-010-0050
Authorization Holders; Military
Leave
(1) A practitioner authorized to practice under a
program listed in ORS 676.606 is not required to renew the authorization or pay
renewal fees while in active military service unless required by the
authorization holders branch of the military.
(2) To be restored to former authorization status the
authorization holder must notify the agency in writing within 60 days of being
honorably discharged.
(3) No fees will be due until the following renewal
period.
(4) Requirements for completing continuing education
hours during an authorization holder’s active duty period shall be evaluated on
a case by case basis.
Stat. Auth.: ORS 676.615
Stats. Implemented: ORS 676.607
& 676.608
Hist.: HLA 1-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-28-11; HLA 2-2011(Temp), f. & cert. ef. 3-17-11
thru 8-28-11; HLA 8-2011, f. 8-9-11, cert. ef. 8-15-11
331-020-0040
Complaint Processing and
Investigation
Pursuant to ORS 676.608, complaints filed with the
Oregon Health Licensing Agency will be handled as follows:
(1) The agency will determine if the complaint is
related to a profession or occupation regulated and administered by the agency
and the complaint falls within authority delegated to the agency by statute.
(2) The agency investigator(s):
(a) Will review the information and as applicable,
interview parties and witnesses, and examine physical evidence relating to the
complaint;
(b) Will advise on whether an authorization holder or
other individual practiced within the acceptable standards of the particular
program;
(c) Will make recommendations for agency action.
(3) After receiving advice from the investigator(s),
the agency will determine what action will be taken in accordance with ORS
676.608.
(4) As used in ORS 676.608(8), to “appear before the
agency” includes: an investigative interview conducted under oath, under
subpoena or otherwise compelled; an interview or hearing before a board,
council, or subcommittee of a board or council; any depositions authorized by
the agency; pre-hearing conferences; and contested case hearings. It does not
include interrogatories, written admissions, other written communications, or
voluntary communications.
Stat. Auth.: ORS 183, 676.605,
676.608 & 676.615
Stats. Implemented: ORS 183,
676.605, 676.608 & 676.615
Hist.: HLO 1-2004, f. & cert.
ef. 2-13-04; HLA 1-2009, f. & cert. ef. 6-1-09; HLA 1-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-28-11; HLA 2-2011(Temp), f. & cert. ef. 3-17-11
thru 8-28-11; HLA 8-2011, f. 8-9-11, cert. ef. 8-15-11
331-020-0070
Discipline
(1) The Oregon Health Licensing Agency may discipline
authorization holders for violations of laws and rules, in accordance with ORS
676.612 and 676.992.
(2) Failure to cooperate with the agency or its agent
is unprofessional conduct and is subject to disciplinary sanctions, which may
include suspension or revocation and refuse to issue or renew or place on
probation and assessment of civil penalties. Failure to cooperate with the
agency or its agent includes, but is not limited to, the following:
(a) Failing to provide information within the specified
time allotted and as requested by the agency;
(b) Failing to temporarily surrender custody of
original client records to the agency upon request, which includes treatment
charts, models, health histories, billing documents, correspondence and memoranda;
(c) Interference, use of threats or harassment which
delays or obstructs any person in providing evidence in any investigation,
contested case, or other legal action instituted by the agency;
(d) Interference, use of threats or harassment which
delays or obstructs the agency in carrying out its functions under individual
programs administered and regulated by the agency as listed in ORS 676.606 and
rules adopted thereunder; or
(e) Deceiving or attempting to deceive the agency
regarding any matter under investigation including altering or destroying any
records.
(3) The agency, at its discretion, may require
supplemental training in an appropriate area of study as determined by the
agency, board or council, as a disciplinary sanction. Supplemental training may
be in addition to assessment of a monetary penalty or the agency, board or
council may waive or reduce a penalty, in cases requiring supplemental
training.
(4) As used in ORS 676.612(2)(j) incompetence means
engaging in conduct which evidences a lack of ability or fitness to perform the
holder’s professional functions.
(5) As used in ORS 676.612(2)(j) negligence means
engaging in conduct detrimental to the client.
Stat. Auth.: ORS 676.607, 676.612,
676.992
Stats. Implemented: ORS 676.607,
676.612, 676.992
Hist.: HLO 1-2004, f. & cert.
ef. 2-13-04; HLA 1-2009, f. & cert. ef. 6-1-09; HLA 8-2011, f. 8-9-11,
cert. ef. 8-15-11
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, 2010.
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