Loading

Oregon Bulletin

September 1, 2011

 

Oregon Health Licensing Agency
Chapter 331

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.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​