Loading

Oregon Bulletin

December 1, 2011

 

Oregon Health Authority,
Public Health Division
Chapter 333

Rule Caption: Change of agency name and definition as a result of HB 2009 (2009).

Adm. Order No.: PH 11-2011

Filed with Sec. of State: 10-27-2011

Certified to be Effective: 10-27-11

Notice Publication Date: 10-1-2011

Rules Amended: 333-003-0010, 333-003-0065, 333-004-0010, 333-009-0000, 333-010-0105, 333-010-0205, 333-012-0050, 333-015-0030, 333-015-0100, 333-020-0125, 333-025-0100, 333-027-0005, 333-030-0015, 333-048-0010, 333-052-0040, 333-053-0040, 333-061-0020, 333-102-0203, 333-106-0101, 333-175-0021, 333-536-0005, 333-700-0005

Rules Repealed: 333-003-0010(T), 333-003-0065(T), 333-004-0010(T), 333-009-0000(T), 333-010-0105(T), 333-010-0205(T), 333-012-0050(T), 333-015-0030(T), 333-015-0100(T), 333-020-0125(T), 333-025-0100(T), 333-027-0005(T), 333-030-0015(T), 333-048-0010(T), 333-052-0040(T), 333-053-0040(T), 333-061-0020(T), 333-102-0203(T), 333-106-0101(T), 333-175-0021(T), 333-536-0005(T), 333-700-0005(T)

Subject: The Oregon Health Authority, Public Health Division is permanently amending rules throughout all of chapter 333. The amendments are mainly in the “definitions” rules of the chapter, and change the name of the agency and the subsequent definition of that name.

      These amendments are necessary due to legislation passed by the 75th Legislative Assembly during the 2009 regular session. HB 2009 created the Oregon Health Authority and transferred to the Authority the Department of Human Services’ (Department) divisions with respect to health and health care. Consequently, the Public Health Division is now in the Oregon Health Authority and is no longer a part of the Department of Human Services as defined in statute. Amendments need to be made to the chapter 333 rules to change references of “Department” to “Authority” and “Authority” must be defined. Most other changes of the agency name from “Department” to “Authority” throughout the chapter 333 rules have been made by housekeeping changes as allowed by ORS 183.335(7)(a) and are therefore not a part of this rulemaking.

Rules Coordinator: Brittany Sande—(971) 673-1291

333-003-0010

Definitions

For purposes of OAR 333-003-0020 through 333-003-0080, the following definitions apply:

(1) “Authority” means the Oregon Health Authority.

(2) “Bioterrorism” has the meaning given that term in ORS 433.442.

(3) “Communicable disease” has the meaning given that term in ORS 431.260.

(4) “Condition of public health importance” has the meaning given that term in ORS 431.260.

(5) “Health care provider” has the meaning given that term in ORS 433.443.

(6) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and regulations adopted there under by the United States Department of Health and Human Services.

(7) “Individually identifiable health information” has the meaning given that term in ORS 433.443.

(8) “Local public health administrator” has the meaning given that term in ORS 431.260.

(9) “Local public health authority” has the meaning given that term in ORS 431.260.

(10) “Public health emergency” has the meaning given that term in ORS 433.442.

(11) “Public health law” has the meaning given that term in ORS 431.260.

(12) “Reportable disease” has the meaning given that term in ORS 431.260.

(13) “State Public Health Director” is the person appointed by the Director of the Oregon Health Authority under ORS 431.035(3) or his or her designee.

(14) “Strategic National Stockpile (SNS)” means the national repository of antibiotics, chemical antidotes, antitoxins, life-support medications, IV administration, airway maintenance supplies, and medical/surgical items, designed to supplement and re-supply state and local public health agencies in the event of a national emergency anywhere and at anytime within the U.S. or its territories.

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 431.264 & 433.441 - 433.452

Hist.: PH 25-2004, f. & cert. ef. 7-16-04; PH 8-2008, f. & cert. ef. 5-5-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-003-0065

Civil Penalties

(1) Any person or entity that fails to comply with a protocol, order, other requirement imposed by the Public Health Director under ORS 431.262, 431.264, or 433.443 or these rules is subject to the imposition of civil penalties not to exceed $500 per day per violation.

(2) In determining the amount of a civil penalty the Authority shall consider whether:

(a) The Authority made repeated attempts to obtain compliance;

(b) The person or entity has a history of noncompliance with public health laws; and

(c) The violation poses a serious risk to the public’s health.

(3) Each day a violation continues will be considered an additional violation.

(4) A notice of imposition of civil penalties shall comply with ORS 183.745.

Stat. Auth.: ORS 413.042, 433.441 - 433.452

Stats. Implemented: ORS 433.441 - 433.452

Hist.: PH 8-2008, f. & cert. ef. 5-5-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-004-0010

Definitions

(1) “Acquisition cost” means the net amount paid per invoice line item to a pharmaceutical manufacturer, supplier or distributor for a contraceptive supply, plus any shipping and handling that is supported by the invoice.

(2) “Approved medical services agreement means the completed Family Planning Expansion Project agreement, submitted to and approved by the Office of Family Health.

(3) “Authority” means the Oregon Health Authority.

(4) “Citizenship verification” means confirming a client’s claim of U.S. citizenship through documentation of a certified birth record, passport or other document(s) deemed acceptable proof of U.S. citizenship by the federal government.

(5) “CLIA” means the Clinical Laboratory Improvement Amendments of 1988, which establishes quality standards for all laboratory testing to ensure the accuracy, reliability and timeliness of patient test results, and allows for certification of clinical laboratories operating in accordance with these federal amendments.

(6) “Client” means a person of any age or gender who is enrolled in and receives contraceptive management services from the Family Planning Expansion Project.

(7) “Client Visit Record” or “CVR” means the form or set of information that is completed for each client visit, and that is used as a data collection instrument and a billing claim form for the Family Planning Expansion Project.

(8) “CMS” means the Centers for Medicare and Medicaid Services, located within the federal Department of Health and Human Services.

(9) “Contraceptive management” means a limited scope of family planning services as described in OAR 333-004-0040.

(10) “DMAP” means the Division of Medical Assistance Programs, within the Oregon Health Authority.

(11) “Established client” means a person who has been obtaining contraceptive services/supplies from the prescribing clinic for a minimum of three consecutive months.

(12) “Family Planning Expansion Project” or “FPEP” means the Medicaid waiver program that provides statewide family planning services to eligible clients, that is administered by the Office of Family Health within the Oregon Health Authority.

(13) “Family planning services” means services provided to clients of childbearing age, including minors who can be considered to be sexually active, who desire such services and that are intended to prevent pregnancy or otherwise limit family size.

(14) “Family planning service provider” or “provider” means a licensed health care provider operating within a scope of practice, who is authorized by the Office of Family Health to bill for contraceptive management services for eligible Family Planning Expansion Project clients.

(15) “FPEP Eligibility Database” means the web-based database designed and managed by the Office of Family Health for the statewide collection, tracking and storage of FPEP client eligibility information.

(16) “FPL” means the federal poverty level guidelines established each year by the Department of Health and Human Services, used to determine eligibility for the Family Planning Expansion Project and other federally funded programs.

(17) “Lawful Permanent Resident” means a person who, notwithstanding other eligibility requirements, is a qualified non-citizen as described in OAR 461-120-0125(4).

(18) “OFH” means the Office of Family Health, the office within the Oregon Health Authority, Public Health Division that administers the Family Planning Expansion Project.

(19) “Project number means the administrative number assigned by the Office of Family Health to a family planning agency.

(20) “School-Based Health Center” means a health center certified by the School-Based Health Center Program located within the Office of Family Health.

(21) “Site number means the administrative number assigned by the Office of Family Health to each clinic within a family planning agency.

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042

Hist.: PH 4-2005, f. & cert. ef. 2-18-05; PH 3-2007(Temp), f. 2-23-07, cert. ef. 4-1-07 thru 9-28-07; PH 5-2007, f. 4-9-07, cert. ef. 4-23-07; PH 2-2009, f. & cert. ef. 3-2-09; PH 10-2010, f. & cert. ef. 6-30-10; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-009-0000

Definitions

For the purpose of OAR 333-009-0000 through 333-009-0030, the following definitions apply.

(1) “Act” means the “Oregon Death with Dignity Act” or Measure 16 as adopted by the voters on November 8, 1994.

(2) “Adult” means an individual who is 18 years of age or older.

(3) “Attending Physician” means the physician who has primary responsibility for the care of the patient and treatment of the patient’s terminal disease.

(4) “Authority” means the Oregon Health Authority.

(5) “Capable” means that in the opinion of a court or in the opinion of the patient’s attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the patient’s manner of communicating, if those persons are available.

(6) “Consulting physician” means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient’s disease.

(7) “Counseling means one or more consultations as necessary between a state licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.

(8) “Dispensing Record” means a copy of the pharmacy dispensing record form.

(9) “Health Care Facility” shall have the meaning given in ORS 442.015.

(10) “Health Care Provider” means a person licensed, certified or otherwise authorized or permitted by the law of this state to administer health care or dispense medication in the ordinary course of business or practice of a profession and includes a health care facility.

(11) “Patient” means a person who is under the care of a physician.

(12) “Physician” means a doctor of medicine or osteopathy licensed to practice medicine by the Oregon Medical Board.

(13) “Qualified patient” means a capable adult who is a resident of Oregon and has satisfied the requirements of this Act in order to obtain a prescription for medication to end his or her life in a humane and dignified manner.

Stat. Auth.: ORS 127.865

Stats. Implemented: ORS 127.800-127.995

Hist.: HD 15-1997(Temp), f. & cert. ef. 11-6-97; OHD 4-1998, f. & cert. ef. 5-4-98; OHD 12-1999, f. & cert. ef. 12-28-99; PH 24-2006, f. & cert. ef. 10-19-06; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-010-0105

Definitions

(1) “Ancillary provider” means a provider that performs services beyond the scope of an enrolling provider. Ancillary providers may include laboratories, imaging centers, surgeons and surgical facilities, and hospitals.

(2) “Agency number” means the administrative number assigned to the service provider by the Office of Family Health (OFH) for identification as a BCCP provider.

(3) “Approved medical services agreement means the completed Breast and Cervical Cancer Program agreement, submitted to and approved by the Office of Family Health.

(4) “Authority” means the Oregon Health Authority.

(5) “BCCM” means the Breast and Cervical Cancer Medical Program. ORS 414.534, 414.536.

(6) “BCCP” means the Oregon Breast and Cervical Cancer Program.

(7) “BCCP Provider Network” means the combination of all contracted BCCP providers, including enrolling and ancillary providers.

(8) “Breast and Cervical Cancer Program” means the program that provides statewide breast and cervical cancer screening and diagnostic services to eligible clients, that is administered by the Office of Family Health within the Oregon Health Authority.

(9) “Care coordination or case management” means that a client is provided with services, results, follow-up recommendations, and active tracking of progress towards follow-up recommendations.

(10) “CLIA” means the federal Clinical Laboratory Improvement Amendments of 1988, establishes quality standards for all laboratory testing to ensure the accuracy, reliability and timeliness of patient test results, and allows for certification of clinical laboratories operating in accordance with these federal amendments.

(11) “Client” means a person of any age or gender who is enrolled in and receives screening or diagnostic services from the Breast and Cervical Cancer Program.

(12) “Enrolling provider” means a provider that enrolls a client into the Breast and Cervical Cancer Program, provides care coordination for the BCCP client and timely data submission to the BCCP.

(13) “FPL” means the federal poverty level guidelines established each year by the Department of Health and Human Services, used to determine eligibility for BCCP and other federally funded programs.

(14) “HIPAA” means the Health Insurance Portability and Accountability Act.

(15) “OFH” means the Office of Family Health, the office within the Oregon Health Authority that administers the Breast and Cervical Cancer Program.

(16) “Service provider” or “provider” means a licensed health care provider operating within a scope of practice, who is authorized by OFH to bill for breast and cervical cancer screening and diagnostic services for eligible BCCP clients.

(17) “Site number” means the administrative number assigned to the family planning service provider by OFH for identification of the geographic location of each BCCP provider.

(18) “Underinsured” means that insurance does not pay for preventive health exams that provide breast or cervical screening or diagnostic services, such as a mammogram or Pap smear, or that the deductible is $500 or more.

Stat. Auth.: ORS 413.042

Stats. Implemented: 413.042

Hist.: PH 9-2008, f. & cert. ef. 6-16-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-010-0205

Definitions

(1) “Agency number” means the administrative number assigned to the service provider by the Office of Family Health (OFH) for identification as a BCCP/WW provider.

(2) “Ancillary provider” means an individual or entity that has met the eligibility requirements for enrollment in the WW Program, has executed a medical services agreement with the OFH, has been assigned a BCCP/WW Program agency number, and performs services beyond the scope of an enrolled provider, such as laboratory, imaging, or surgical services.

(3) “Approved medical services agreement means the completed WW Program agreement, submitted to and approved by the Office of Family Health.

(4) “Authority” means the Oregon Health Authority.

(5) “BCCP” means the Oregon Breast and Cervical Cancer Program.

(6) “Care coordination” or “case management” means that a client is provided with services, results, follow-up recommendations, and active tracking of progress towards follow-up recommendations.

(7) “CLIA” means the federal Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578, 42 U.S.C. 201 and 263a)

(8) “Client” means a woman 40 to 64 years of age who is enrolled in and receives screening or services from the WW Program.

(9) “Enrolled provider” means an individual or entity that has met the eligibility requirements for enrollment in the WW Program, has executed a medical services agreement with the OFH, has been assigned a BCCP/WW Program agency number, and provides screening, services, or care coordination for WW Program clients.

(10) “FPL” means the federal poverty level guidelines established each year by the United States Department of Health and Human Services, used to determine eligibility for the WW Program and other federally funded programs.

(11) “HIPAA” means the Health Insurance Portability and Accountability Act.

(12) “OFH” means the Office of Family Health, within the Oregon Health Authority, Public Health Division.

(13) “Site number” means the administrative number assigned to the family planning service provider by OFH for identification of the geographic location of each WW provider.

(14) “Underinsured” means that a client’s insurance does not pay for heart disease, stroke and diabetes screenings or services, such as cholesterol, triglyceride, A1C, and glucose testing and consultations.

(15) “WISEWOMAN (WW) Program” or “WW Program” means the program that provides statewide heart disease, stroke and diabetes screening and services to eligible clients, that is administered by the OFH.

(16) “WW Program provider network” means the combination of all contracted WW Program providers, including enrolling and ancillary providers.

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042, 431.250

Hist.: PH 1-2009, f. & cert. ef. 2-13-09; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-012-0050

General Rules Applicable to All Programs

(1) The purpose of these rules is to establish standards under which local public health authorities will provide environmental health services to establishments and facilities licensed under ORS chapters 446, 448 and 624.

(2) Definitions:

(a) “Administrative Costs” means those costs that are over the direct costs of providing delegated program services. These include actual departmental, agency or central government charges such as, but not limited to, accounting, purchasing, human resources, data management, legal council and central mail functions;

(b) “Administrator” means the Assistant Director for the Public Health Division of the Oregon Health Authority or an authorized representative;

(c) “Authority” means the Oregon Health Authority.

(d) “Complete Inspection” means the evaluation of a licensed establishment or facility conducted at the election of the local public health authority for compliance with all applicable regulations;

(e) “Consultation Services Remittance” means the biennial assessment of the Authority for consultation services and maintenance of the Foodborne Illness Prevention, Public Swimming Pool and Tourist Facility Programs;

(f) “Direct Costs” mean those costs for salaries and benefits of field and support staff and their associated costs including, but not limited to, rent, vehicles and travel, equipment, data management, training, phone, office supplies and the pro-rated portion of direct costs relating to supervision;

 (g) “Fiscal Audit” means a comprehensive audit using standard audit procedures of the financial records of the local public health authority related to licenses and fees;

(h) “Local Public Health Authority” means county governments or health districts established under ORS 431.414 that are responsible for management of local public health services;

(i) “Recheck Inspection” means an inspection to determine whether specified corrections have been made or alternative procedures maintained for violations identified in previous inspections. In food service establishments, a recheck inspection also means an inspection to determine whether specific corrections have been maintained for critical violations creating a significantly increased risk for foodborne illness. Recheck inspections may be conducted either on pre-announced dates or unannounced.

Stat. Auth.: ORS 446.425, 448.100 & 624.510

Stats. Implemented: ORS 446.425, 448.100 & 624.510

Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert. ef. 4-1-94; HD 16-1995, f. 12-28-95, cert. ef. 1-1-96; HD 4-1996, f. & cert. ef. 9-17-96; PH 13-2004, f. & cert. ef. 4-9-04; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-015-0030

Definitions

For purposes of OAR chapter 333, division 15, the following definitions shall apply:

(1) “Act” means the Oregon Indoor Clean Air Act as it appears in ORS 433.835 through 433.875 and 433.990(5).

(2) “Authority” means the Oregon Health Authority.

(3) “Cigar bar” means a business that:

(a) Has on-site sales of cigars as defined in ORS 323.500;

(b) Has a humidor on the premises;

(c) Allows the smoking of cigars on the premises but prohibits the smoking of all other tobacco products in any form that includes, but is not limited to, loose tobacco, pipe tobacco, cigarettes as defined in ORS 323.010, and cigarillos as defined by OAR 333-015-0030(3);

(d) Has been issued and operates under a full on-premises sales license issued under ORS 471.175;

(e) Prohibits persons under 21 years of age from entering the premises and posts notice of the prohibition;

(f) Does not offer video lottery games as authorized under ORS 461.217;

(g) Has a maximum seating capacity of 40 persons;

(h) Has a ventilation system that is certified by the assistant to the State Fire Marshal described in ORS 476.060 for the jurisdiction in which the cigar bar is located as adequate to remove the cigar smoke in the cigar bar and vents the smoke from the cigar bar in a manner that prevents the smoke from entering any other establishment; and

(i) Requires all employees to read and sign a form approved and published by the Public Health Division, which explains the dangers of exposure to secondhand smoke.

(4) “Cigarillos” means a smoking device wrapped in tobacco leaf, rather than paper, containing less than three grams of tobacco and measuring less than 100 mm in length.

(5) “Employer” means any entity or individual who engages an individual to perform work or services in an enclosed area under the control of said employer.

(6) “Enclosed area means all space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling.

(7) “Entity in charge of a public place” means any person or organization that has responsibility because of ownership, proprietorship, management, or oversight of a place that is open to the public. An entity in charge of a public place is used to refer to those instances where the person or organization in charge is not an employer.

(8) “Entrance” means any point of entry to premises whereby a person gains access to the interior of enclosed space from the exterior of outdoor space.

(9) “Exit” means any point on a premises whereby a person gains access to the exterior of an enclosed space from the interior of an indoor space.

(10) “Gross revenue means all receipts from the sale of product(s) less the amount of any rebates, refunds, or credits.

(11) “Humidor” means a storage container designed to allow controlled airflow and equipped with a device that maintains the internal humidity in the range of 70 to 75 percent and an internal temperature in the range of 68 to 70 degrees Fahrenheit.

(12) “Local Public Health Authority” means the county government unless a health district has been formed under ORS 431.414, the county has contracted with a person or agency to act as the public health authority, or the county has relinquished its authority to the state.

(13) “Maximum seating capacity” means the total number of seats available to patrons including bar stools, seating at cocktail tables, seats at buddy-bar tables, banquette seating, and dining seating.

(14) “Noncommercial tobacco products” means unprocessed tobacco plants or tobacco by-products used for ceremonial or spiritual purposes by American Indians.

(15) “PHD” means the Public Health Division of the Oregon Health Authority.

(16) “Place of employment” means every enclosed area under the control of a public or private employer that employees frequent during the course of employment that includes, but is not limited to, work areas, employee lounges, rest rooms, conference rooms, classrooms, cafeterias, hallways, and work vehicles that are not operated exclusively by one employee. Place of employment does not include a private residence unless it is used as a child care facility as defined in ORS 657A.250 or a facility providing adult day care as defined in 410.490.

(17) “Private residence” means a residence or part of a residence that is not used as a place of business where clients or customers use the premises. A residence that is considered a place of employment or public place is subject to ORS 433.835 through 433.875 during its hours of operation. Only that part of a residence used as a place of business will be subject to 433.835 through 433.875.

(18) “Public place” means any enclosed area open to the public.

(19) “Temporary walls” means walls not intended to be permanent including walls constructed of non-permanent material that includes, but is not limited to, plastic, mesh or other screening materials, slats, louvered blinds, fabric, or blankets.

(20) “Rooms designated by the owner or entity in charge of a hotel or motel as rooms in which smoking is permitted” means sleeping rooms or suites in that hotel or motel.

(21) “Smoking instrument” means any cigar, cigarette, pipe, or other smoking equipment.

(22) “Smoke shop means a business that:

(a) Is primarily engaged in the sale of tobacco with at least 75 percent of gross revenues resulting from tobacco sales in every fiscal year;

(b) Prohibits persons under 18 years of age from entering the premises;

(c) Does not offer video lottery games as authorized under ORS 461.217, social gaming, or betting on the premises;

(d) Does not sell or offer on-premises consumption of alcoholic beverages; and

(e) Is a stand-alone business with no other businesses or residential property attached to the premises.

(23) “Wall” means any architectural partition with a height and length greater than its thickness, used to divide or enclose an area or to support another structure.

Stat. Auth.: ORS 433.855

Stats. Implemented: ORS 433.835

Hist.: HD 10-1983, f. & ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 18-2008, f. 11-14-08, cert. ef. 1-1-09; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-015-0100

Authority and Purpose

(1) These rules are adopted pursuant to the authority granted the Oregon Health Authority, Public Health Division in ORS 616.575.

(2) The purpose of the Oregon Menu Labeling Act is to provide consumers with basic nutrition information about prepared food sold at chain restaurants.

Stat. Auth.: ORS 616.575

Stats. Implemented: ORS 616.555 – 616.570

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-020-0125

Definitions

As used in these rules:

(1) “Advisory Committee” means the Newborn Hearing Advisory Committee appointed by the Director of the Oregon Health Authority to advise the Authority and the legislature on the implementation and evaluation of universal newborn hearing screening in Oregon and the state newborn hearing screening test registry, tracking and recall system.

(2) “Authority” means the Oregon Health Authority.

(3) “Automated auditory brainstem response means a specific test method that elicits an objective electro-physiological measurement of the brainstem’s response to acoustic stimulation of the ear, obtained with equipment that automatically provides a pass/refer outcome.

(4) “Birthing Center” means any health facility licensed by the State of Oregon for the primary purpose of performing low risk deliveries, as defined in ORS 442.015(14)(f).

(5) “Birthing Facility” means the location of a child’s birth, including hospital, birthing center (or) in the case of a home or out-of-facility birth, the child’s birthing attendant.

(6) “Child” (or plural “children”) means any individual (or individuals) who is (are) less than 36 months of age.

(7) “Diagnostic Facility” means any facility or person, including hospitals, private audiology practices, licenses health care providers and educational facilities that conduct newborn hearing diagnostic testing.

(8) “Diagnostic Testing” means the performance of physiologically-based testing on children to determine the presence or absence and extent of a hearing loss, using procedures specified by the Authority, for the purposes of establishing a diagnosis and serving as a basis for initiating therapy and/or intervention.

(9) “Director” means the Assistant Director of the Oregon Health Authority, Public Health Division.

(10) “Early intervention services” means services for children with disabilities from birth until three years of age that are designed to meet the developmental needs of children with disabilities and the needs of the family related to enhancing the child’s development, and that are selected in collaboration with the parents and caregivers.

(11) “Early intervention facility” is any public or private educational institution providing early intervention services.

(12) “EI” (or, alternately, “EI/ECSE”) means the Early Intervention/Early Childhood Special Education Program of the Office of Special Education of the Oregon Department of Education. EI/ECSE provides early intervention services under public supervision by personnel qualified in accordance with criteria established by rules of the State Board of Education and in conformity with an individualized family service plan, as defined in ORS 343.035(6).

(13) “Follow-up Hearing Test” means any hearing screening or diagnostic test procedure that is conducted on a child who is enrolled in the Tracking and Recall System.

(14) “Hospital” means any health care facility licensed by the State of Oregon and meeting the definition of “hospital” in ORS 442.015(14)(a).

(15) “Newborn” means a child less than one month of age.

(16) “Newborn Hearing Screening Test” means a physiologically-based test procedure utilizing either otoacoustic emissions or automated auditory brainstem response technologies, or other technologies as approved by the Authority. If a newborn achieves a ‘pass’ on the first screening test, screening is completed. If a newborn does not pass, a second screening test is carried out immediately using a different technology or, after an interval of 12 hours, using the same technology.

(17) “Newborn hearing screening test registry” means a listing of newborn children and information related to their newborn hearing screening tests.

(18) “Otoacoustic emissions” means a specific test method that elicits a physiologic response from the cochlea, and may include Transient Evoked Otoacoustic Emissions and Distortion Product Otoacoustic Emissions.

(19) “Pass means a newborn hearing screening result that indicates that a child’s hearing is most likely within normal limits.

(20) “Private educational institution” means any private institution providing early intervention services as defined in ORS 343.035(6) or the equivalent and which have been accepted for the Office of Special Education of the Oregon Department of Education’s “Approved Private Schools” list.

(21) “Public educational institution” means any public educational institution providing early intervention services, as defined in ORS 343.035(6).

(22) “Refer” means a newborn hearing screening test result that indicates that a child needs a follow-up hearing test.

(23) “Regional Program” means any one of the Low Incidence Regional Programs for the Deaf and Hard-of-Hearing.

(24) “Screening Facility” means any facility or person, including hospitals, birthing centers, private audiology practices, licensed health care providers and educational facilities that conduct newborn hearing screening tests.

(25) “Tracking and recall system” means a system attached to the newborn hearing test registry designed to identify and contact the parent or guardian of a newborn child listed in the newborn hearing screening test registry for the purposes of assisting in testing and in enrollment of the child in early intervention services in a timely manner.

Stat. Auth.: ORS 433.323

Stat. Implemented: ORS 433.321–433.327

Hist.: OHD 8-2000, f. & cert. ef. 7-20-00, PH 21-2003, f. & cert. ef. 12-16-03; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-025-0100

Definitions

As used in these rules:

(1) “Anonymous research” means scientific or medical genetic research conducted in such a manner that any DNA sample or genetic information used in the research is unidentified. “Anonymous research” does not include research conducted in such a manner that the identity of such an individual, or the identity of the individual’s blood relatives, can be determined by use of a code, encryption key or other means of linking the information to a specific individual.

(2) “Biological sample” means any human biological specimen that may be used as a DNA sample.

(3) “Blanket informed consent” means that the individual has consented to the use of that individual’s DNA sample or health information for any future research, but has not been provided with a description of or consented to the use of the sample in genetic research or any specific genetic research project.

(4) “Blood relative” means a person who is:

(a) Related by blood to an individual; and

(b) A parent, sibling, son, daughter, grandparent, grandchild, aunt, uncle, first cousin, niece or nephew of the individual.

(5) “Clinical” means relating to or obtained through the actual observation, diagnosis, or treatment of patients and not through research.

(6) “Coded” means identifiable only through the use of a system of encryption that links a DNA sample or genetic information to an individual or the individual’s blood relative. A coded DNA sample or genetic information is supplied by a repository to an investigator with a system of encryption.

(7) “Covered entity,” as applied to a health care provider, means a health care provider that transmits any health information in electronic form to carry out financial or administrative activities in connection with a transaction covered by ORS 192.518 to 192.524.

(8) “Deidentified” means lacking, or having had removed, the identifiers or system of encryption that would make it possible for a person to link a biological sample or health information to an individual or the individual’s blood relative, and neither the investigator nor the repository can reconstruct the identity of the individual from whom the sample or information was obtained. DNA samples and genetic information will be considered deidentified only if they meet the following standards provided in the Federal Privacy Rule:

(a) A person with appropriate knowledge of and experience with generally accepted statistical and scientific principles and methods for rendering information not individually identifiable:

(A) Applying such principles and methods, determines that the risk is very small that the information could be used, alone or in combination with other reasonably available information, by an anticipated recipient to identify an individual who is a subject of the information; and

(B) Documents the methods and results of the analysis that justify such determination; or

(b) The following identifiers of the individual or of relatives, employers, or household members of the individual, are removed:

(A) Names;

(B) All geographic subdivisions smaller than a state, including street address, city, county, precinct, zip code, and their equivalent geocodes, except for the initial three digits of a zip code if, according to the current publicly available data from the Bureau of the Census:

(i) The geographic unit formed by combining all zip codes with the same three initial digits contains more than 20,000 people; and

(ii) The initial three digits of a zip code for all such geographic units containing 20,000 or fewer people is changed to 000.

(C) All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death; and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older;

(D) Telephone numbers;

(E) Fax numbers;

(F) Electronic mail addresses;

(G) Social security numbers;

(H) Medical record numbers;

(I) Health plan beneficiary numbers;

(J) Account numbers;

(K) Certificate/license numbers;

(L) Vehicle identifiers and serial numbers, including license plate numbers;

(M) Device identifiers and serial numbers;

(N) Web Universal Resource Locators (URLs);

(O) Internet Protocol (IP) address numbers;

(P) Biometric identifiers, including finger and voice prints;

(Q) Full face photographic images and any comparable images; and

(R) Any other unique identifying number, characteristic, or code; and

(c) The investigator and repository do not have actual knowledge that the information could be used alone or in combination with other information to identify an individual who is a subject of the information.

(9) “Direct provider” means a health care provider that is not an indirect treatment provider.

(10) “Disclose” means to release, publish, or otherwise make known to a third party a biological sample or health information.

(11) “DNA” means deoxyribonucleic acid.

(12) “DNA sample” means any human biological specimen that is obtained or retained for the purpose of extracting and analyzing the individual’s DNA to perform a genetic test. “DNA sample” includes DNA extracted from the specimen.

(13) “Federal Common Rule” means the Federal Policy for the Protection of Human Subjects, as adopted by the following federal agencies and as revised through November 13, 2001: 7 CFR Part 1c, Department of Agriculture; 10 CFR Part 745, Department of Energy; 14 CFR Part 1230, National Aeronautics and Space Administration; 15 CFR Part 27, Department of Commerce; 16 CFR Part 1028, Consumer Product Safety Commission; 21 CFR Parts 50 and 56, Food and Drug Administration; 22 CFR Part 225, International Development Cooperation Agency, Agency for International Development; 24 CFR Part 60, Department of Housing and Urban Development; 28 CFR Part 46, Department of Justice; 32 CFR Part 219, Department of Defense; 34 CFR Part 97, Department of Education; 38 CFR Part 16, Department of Veterans Affairs; 40 CFR Part 26, Environmental Protection Agency; 45 CFR Part 690, National Science Foundation; 45 CFR Part 46, Department of Health and Human Services; 49 CFR Part 11, Department of Transportation. In the case of research not subject to federal regulation under one of these provisions, “Federal Common Rule” means 45 CFR Part 46.

(14) “Federal Privacy Rule” means the federal regulations under the Health Insurance Portability and Accountability Act, 45 CFR parts 160 and 164.

(15) “Genetic characteristic” includes a gene, chromosome or alteration thereof that may be tested to determine the existence or risk of a disease, disorder, trait, propensity or syndrome or to identify an individual or a blood relative. “Genetic characteristic” does not include family history or a genetically transmitted characteristic whose existence or identity is determined other than through a genetic test.

(16) “Genetic information” means information about an individual or the individual’s blood relatives obtained from a genetic test.

(17) “Genetic research” means research using human DNA samples, genetic testing or genetic information.

(18) “Genetic test” means a test for determining the presence or absence of genetic characteristics in a human individual or the individual’s blood relatives, including tests of nucleic acids such as DNA, RNA, and mitochondrial DNA, chromosomes or proteins in order to diagnose or determine a genetic characteristic.

(19) “Health care facility” means a hospital, long term care facility, an ambulatory surgical center, a freestanding birthing center or an outpatient dialysis center. “Health care facility” does not mean:

(a) An establishment furnishing residential care or treatment not meeting federal intermediate care standards, not following a primarily medical model of treatment, prohibited from admitting persons requiring 24-hour nursing care and licensed or approved under the rules of the Oregon Health Authority, Department of Human Services or the Department of Corrections; or

(b) An establishment furnishing primarily domiciliary care.

(20) “Health care provider” has the meaning given in ORS 192.519(5).

(21) “Health information” means any information in any form or medium that:

(a) Is created or received by a health care provider, a state health plan, a health insurer, a healthcare clearinghouse, a public health authority, an employer, a life insurer, a school, or a university; and

(b) Relates to:

(A) The past, present or future physical or mental health or condition of an individual;

(B) The provision of health care to an individual; or

(C) The past, present or future payment for the provision of health care to an individual.

(22) “Human biological specimen” means any material derived from human subjects, such as blood, urine, tissues, organs, hair, nail clippings, or any other cells or fluids, whether collected for research purposes or as residual specimens from diagnostic, therapeutic, or surgical procedures.

(23) “Identifiable” or “Individually identifiable” means capable of being linked to the individual or a blood relative of the individual from whom the biological sample or health information was obtained, including demographic information that identifies the individual, or for which there is a reasonable basis to believe the information can be used to identify an individual.

(24) “Identified means having an identifier that links, or that could readily allow the recipient to link, a DNA sample or genetic information directly to the individual or a blood relative of the individual from whom the sample or information was obtained.

(25) “Identifier” means data elements that directly link a DNA sample or genetic information to the individual or a blood relative of the individual from whom the sample or information was obtained. Identifiers include, but are not limited to, names, telephone numbers, electronic mail addresses, Social Security numbers, driver license numbers and fingerprints.

(26) “Indirect provider” means a health care provider having a relationship with an individual in which:

(a) The health care provider delivers health care to the individual based on the orders of another health care provider; and

(b) The health care provider typically provides services or products, or reports the diagnosis or results associated with the health care, directly to another health care provider, who provides the services or products or reports to the individual.

(27) “Institutional Review Board” or “IRB” means an Institutional Review Board established in accord with and for the purposes expressed in the Federal Common Rule.

(28) “IRB approval” means the determination of the IRB that the research has been reviewed and may be conducted within the constraints set forth by the IRB and by other institutional and Federal and State requirements.

(29) “Limited data set” means protected health information that, in accordance with the Federal Privacy Rule, excludes the following direct identifiers of the individual or of relatives, employers, or household members of the individual:

(a) Names;

(b) Postal address information, other than town or city, state, and zip code;

(c) Telephone numbers;

(d) Fax numbers;

(e) Electronic mail addresses;

(f) Social security numbers;

(g) Medical record numbers;

(h) Health plan beneficiary numbers;

(i) Account numbers;

(j) Certificate/license numbers;

(k) Vehicle identifiers and serial numbers, including license plate numbers;

(l) Device identifiers and serial numbers;

(m) Web Universal Resource Locators (URLs);

(n) Internet Protocol (IP) address numbers;

(o) Biometric identifiers, including finger and voice prints; and

(p) Full face photographic images and any comparable images.

(30) “Obtain genetic information” means performing or getting the results of a genetic test.

(31) “Opt-out statement” means a written expression of an individual’s desire to withhold his or her own biological specimen or clinical individually identifiable health information from use and disclosure for the purpose of anonymous research or coded research.

(32) “Person” includes but is not limited to any health care provider, health care facility, clinical laboratory, blood or sperm bank, insurer, insurance agent, insurance-support organization, as defined in ORS 746.600, government agency, employer, research organization or agent of any of them.

(33) “Personal representative” includes but is not limited to:

(a) A person appointed as a guardian under ORS 125.305, 419B.370, 419C.481 or 419C.555 with authority to make medical and health care decisions;

(b) A person appointed as a health care representative under ORS 127.505 to 127.660 or a representative under ORS 127.700 to 127.737 to make health care decisions or mental health treatment decisions; and

(c) A person appointed as a personal representative under ORS Chapter 113.

(34) “Recontact” means disclosure of genetic research findings to a research subject or the subject’s physician through use of personal identifiers.

(35) “Research” means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalized knowledge.

(36) “Retain a DNA sample means the act of storing the DNA sample.

(37) “Retain genetic information” means making a record of the genetic information.

(38) “Specific informed consent for genetic research” means the individual or the individual’s representative has consented to the use of that individual’s DNA sample or genetic information for genetic research or for a specified genetic research project.

(39) “Unidentified” means deidentified or not identifiable.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 192.531

Stats. Implemented: ORS 192.531

Hist.: OHD 14-2002, f. & cert. ef. 9-27-02; PH 16-2003(Temp), f. & cert. ef. 10-27-03 thru 4-16-04; PH 9-2004, f. & cert. ef. 3-23-04; PH 21-2005, f. 12-30-05, cert. ef. 1-1-06; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-027-0005

Definitions

The following definitions shall apply in OAR 333-027-0000 through 333-027-0170:

(1) “Admission” means acceptance of a patient for the provision of services by an agency.

(2) “Authority” means the Oregon Health Authority.

(3) “Branch Office” means a location or site from which a home health agency provides services to patients within a portion of the total geographic area served by the parent agency; generally, not to exceed one hour’s travel time from the parent agency.

(4) “Clinical Note” means a dated, written, and signed notation by a member of the home health agency team of a contact with the patient that describes care rendered, signs and symptoms, treatment and/or drugs given, patient’s reaction, and any changes in patient’s physical or mental condition.

(5) “Clinical Record” means all information and documentation pertaining to the care of a patient.

(6) “Critical/fluctuating condition” means a situation where the patient’s clinical and/or behavioral state is of a serious nature, expected to rapidly change, and in need of continuous reassessment and evaluation.

(7) “Governing Body” means the designated person(s) having ultimate responsibility for the home health agency.

(8) “Home Health Agency” (“Agency”) means a public or private entity providing coordinated home health services on a home visiting basis.

(9) “Home Health Aide” means a person certified as such by the Oregon State Board of Nursing who assists licensed nursing personnel in providing home health services.

(10) “Home Health Service”means items and services furnished to an individual by a home health agency, or by others under arrangement with such agency, on a visiting basis in a place of temporary or permanent residence used as the individual’s home for the purpose of maintaining that individual at home.

(11) “Licensed Physical Therapist Assistant” means a person licensed as such by the Oregon Physical Therapist Licensing Board.

(12) “Licensed Practical Nurse” means a person licensed as such by the Oregon State Board of Nursing.

(13) “Nurse Practitioner” means a registered nurse who has been certified by the Oregon State Board of Nursing as qualified to practice in an expanded specialty role within the practice of nursing.

(14) “Occupational Therapist” means a person who is licensed as such by the Oregon Occupational Therapy Licensing Board.

(15) “Occupational Therapy Assistant” means a person licensed as such by the Oregon Occupational Therapy Licensing Board.

(16) “Parent Home Health Agency” (“Parent Agency”) means an agency that has branches and/or subunits.

(17) “Physical Therapist” means a person licensed as such by the Oregon Physical Therapist Licensing Board.

(18) “Physician” means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathy and who is authorized to practice medicine or surgery by the state in which such function or action is performed.

(19) “Podiatrist” means a podiatric physician and surgeon whose practice is limited to treating the ailments of the human foot and is authorized to practice by the state in which such function or action is performed.

(20) “Primary Agency” means the agency that admits the patient for the provision of curative, rehabilitative, and/or preventive services in the patient’s home by home health professionals.

(21) “Professional Policy-Making Committee” (Committee) means a group of individuals who are appointed by the governing body of an agency, and who has authority and responsibility for the development and monitoring of all professional policies pertaining to the home health agency.

(22) “Progress Note” means a written summary of a patient’s response to care provided during a specific period of time.

(23) “Registered Nurse” means a person licensed as such by the Oregon State Board of Nursing.

(24) “Skilled Nursing” means the patient care services pertaining to the curative, rehabilitative, and/or preventive aspects of nursing performed by, or under the supervision of, a registered nurse pursuant to the plan of treatment.

(25) “Social Worker” means a person who has a master’s degree from a school of social work accredited by the Council of Social Work Education and has one year of social work experience in a health care setting.

(26) “Social Work Assistant” means a person who has a baccalaureate degree in social work, psychology, or another field related to social work and has at least one year of social work experience in a health care setting.

(27) “Speech Pathologist” means a person who is licensed as such by the Oregon Board of Examiners for Speech Pathology and Audiology and has a Certificate of Clinical Competence in speech pathology or audiology from the American Speech and Hearing Association.

(28) “Stable/predictable condition” means a situation where the patient’s clinical and/or behavioral state is known, not characterized by rapid changes, and does not require continuous reassessment and evaluation.

(29) “Subunit” means an agency that provides services for a parent agency in a geographic area different from that of the parent agency and at a distance generally exceeding one hour’s travel time from the parent agency.

(30) “Therapeutic services means services provided for curative, rehabilitative, and/or preventive purposes.

Stat. Auth.: ORS 443.085

Stats. Implemented: ORS 443.005 & 443.085

Hist.: HD 151, f. & ef. 12-30-77; HD 1-1982, f. & ef. 2-4-82; HD 19-1987, f. 11-10-87, ef. 12-1-87; HD 22-1988, f. & cert. ef. 9-16-88; HD 20-1993, f. & cert. ef. 10-28-93; OHD 13-1998, f. & cert. ef. 11-6-98; OHD 9-2002, f. & cert. ef. 7-2-02; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

33-030-0015

Definitions

As used in these rules unless otherwise required by context:

(1) “Administrator” means the Public Health Director of the Oregon Health Authority or designee.

(2) “Activity Leader or Supervisor” means the staff member providing direct onsite supervision for a camp program or activity.

(3) “Ancillary Activity” means an individual or group using the camp facilities in a manner unrelated to the camp’s mission or programs. An example might include a wedding party or a business group using a Boy Scout Camp for a reception or meeting. Such activities may require the camp to maintain a food service or traveler’s accommodation license in addition to the organization camp license.

(4) “Approved” means approved in writing by the Oregon Health Authority, Public Health Division.

(5) “Aquatic Director” means a person over 18 years of age who is employed by or within the organizational camp and is a currently certified Red Cross Water Safety Instructor, Boy Scouts of America National Aquatic Instructor or having equivalent certification as determined by the Oregon Health Authority, Public Health Division.

(6) “Camp Director” means the person on-site who has the overall responsibility for all camp activities and functions.

(7) “Camp Staff” include paid and volunteer leaders working directly for the camp operator and may include contract or rental (user group) individuals.

(8) “Contract groups” or “Rental groups” are organized groups that are not participating in ancillary activities or the normal camp activities, but that use the camp facilities under contracted arrangement with the camp operator whether or not a fee is paid. These groups may or may not use all of the camp’s facilities or staff.

(9) “Day Camp” means an organizational camp facility that campers attend for an established period of time, leaving at the end of the camping day. It provides creative and recreational opportunities in the out-of-doors utilizing trained leadership and the resources of the natural surroundings to contribute to the camper’s mental, physical and spiritual growth. It is oriented to providing such programming for children between the ages of 5-13 when school is not in session.

(10) “Delegated County” means a county delegated to administer the Organizational Camp Program under ORS 446.425.

(11) “Division” means the Public Health Division of the Oregon Health Authority or delegated county.

(12) “Family Camp” means sessions operated or staffed by the camp or user group for parents and children as family groups. Parents and guardians are on-site and have frequent contact with and make decisions on behalf of their children.

(13) “Health History” means an up-to-date record of the camper’s or staff’s past and present health status. It should be as accurate and complete as possible and list immunizations, past medical treatment, allergies, medications currently being taken, date of the last tetanus shot, health problems and other health issues of concern.

(14) “Health Services” means the services provided to campers and staff including first aid, medication management, provision of prescribed medical treatment and health practices.

(15) “Lifeguard” means a currently certified Red Cross Lifeguard (with waterfront module where applicable), YMCA Lifeguard, Boy Scout Lifeguard, National Pool and Waterpark Lifeguard, or a person having equivalent certification as determined by the Oregon Health Authority, Public Health Division.

(16) “On-Site” means within the boundaries of the camp facility.

(17) “Organizational Camp” means any facility operating for recreational use by groups or organizations. Organizational Camps include, but are not limited to, youth camps, scout camps, summer camps, day camps, nature camps, science camps, survival camps, athletic camps, camps operated and maintained under the guidance, supervision or auspices of religious, public and private educational systems and community service organizations or other persons or organizations whether for-profit or non-profit. Organizational camps are distinguished from recreation parks, or hotels and motels by the existence of organized group activities comprising the majority of activities by all participants rather than individual or family recreation. Camps operating less than one week per year are excluded from these rules unless they have permanent structures or operate as a “day camp.”

(18) “Outdoor Youth Program” means a program that provides, in an outdoor living setting, treatment services to youth who are enrolled in the program because they have behavioral problems, mental health problems or problems with abuse of alcohol or drugs. “Outdoor Youth Programs” must meet the requirements of OAR 413-215-0901 through 413-215-1031. Licensing with the Department of Human Services is required.

(19) “Permanent Sleeping Unit” means cabins, tents, huts and other shelters that are used for sleeping and remain stationary for more than six nights in an organizational camp.

(20) “Person” means individuals, corporations, associations, firms, partnerships and joint stock companies as well as public entities such as schools, colleges, public or private educational corporations.

(21) “Primitive Camping” means camp activities that take place in a wilderness setting far enough away from the organizational camp to require eating meals or sleeping away from the camp facilities.

(22) “Public Spa Pool” means any public swimming pool or wading pool designed primarily to direct water or air-enriched water under presser onto the bather’s body with the intent of producing a relaxing or therapeutic effect.

(23) “Public Swimming Pool” means an artificial structure, and its appurtenances, that contains water more than two feet deep that is used, or intended to be used, for swimming or recreational bathing and is for the use of any segment of the public. A “public swimming pool” includes, but is not limited to, swimming pools owned or operated by organizational camps.

(24) “Public Wading Pool” means an artificial structure, and its appurtenances, that contains water less than two feet deep that is expressly designated or is used with the knowledge and consent of the owner or operator for wading or recreational bathing and is for the use of any segment of the public, whether limited to patrons of a companion facility or not.

(25) “Recreation Park” means any area designated by the person establishing, operating, managing or maintaining the same for picnicking or overnight camping by the general public or any segment of the public. Recreation park includes, but is not limited to, areas open to use free of charge or through payment of a tax or fee or by virtue of rental, lease, license, membership, association or common ownership and further includes, but is not limited to, those areas divided into two or more lots, parcels, units or other interests for purposes of such use.

(26) “These Rules” means OAR 333-030-0005 through 333-030-0130.

(27) “Trip Camping” means camp activities that involve travel. Such travel may include eating meals or sleeping away from the organizational camp.

(28) “Unregulated Small Drinking Water System” means a facility licensed under the authority of these rules that is not regulated under OAR 333-061, (Public Water Systems). These systems must comply with the requirements of OAR 333-030-0080.

(29) “Waterfront Program” means those activities occurring in or on bodies of water other than public swimming and spa pools.

(30) “Wilderness Camping” means camp activities that take place in a wilderness setting far enough away from the organizational camp to require eating meals or sleeping away from the camp facilities.

Stat. Auth.: ORS 446.330

Stats. Implemented: ORS 445.310 - 446.350

Hist.: HD 25-1981, f. & ef. 11-25-81; HD 7-1996, f. & cert. ef. 12-10-96; PH 1-2005, f. & cert. ef. 1-14-05; PH 9-2007, f. & cert. ef. 7-13-07; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-048-0010

Definitions

As used in OAR 333-048-0010 through 333-048-0030:

(1) “Division” means the Public Health Division of the Oregon Health Authority.

(2) “Local Public Health Authority” means the district or county Board of Health, Public Health Officer, Public Health Administrator or health department having jurisdiction within the area.

(3) “Sponsor” means any medical practice, clinic, hospital, local health department, health system, long-term-care facility, home-care agency, occupational health program, pharmacy, or other entity that sponsors the direct provision of vaccination services in Oregon.

(4) “High Risk” means broad categories of people defined by the Advisory Committee on Immunization Practices or the State Public Health Officer as being at increased risk of severe disease or complications from a vaccine-preventable disease for which the State Health Officer has declared a vaccine shortage pursuant to OAR 333-048-0020. Risk categories may be further broken down into prioritized sub-categories.

(5) “Low Risk” means broad categories of people defined by the Advisory Committee on Immunization Practices or the State Public Health Officer as being unlikely to experience severe disease or complications from a vaccine-preventable disease for which the State Health Officer has declared a vaccine shortage pursuant to OAR 333-048-0020. Risk categories may be further broken down into prioritized sub-categories.

(6) “Provider” means any health care practitioner, or other person, who can administer vaccine directly to a patient.

(7) “Vaccine” means any vaccine, any immune product or chemo prophylactic medication.

(8) “Plan means an Oregon Vaccine Education and Prioritization Plan.

(9) “CD Summary” means the Oregon CD Summary, an Oregon Health Authority publication sent to providers statewide.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 433.040

Stats. Implemented: ORS 433.040

Hist.: OHD 27-2001, f. & cert. ef. 12-4-01; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-052-0040

Definitions

(1) “Adequate Participant Access” means there are authorized farmers sufficient for participant need.

(2) “Agreement,” means a written legal document binding the market or farmer and the Authority to designated terms and conditions.

(3) “Authority” means the Oregon Health Authority.

(4) “Authorized” or “authorization,” means an eligible farmer or farmers’ market has met the selection criteria and signed an agreement with the Authority allowing participation in FDNP, and is not currently disqualified.

(5) “Check,” means a negotiable financial instrument by which FDNP benefits are provided to participants.

(6) “CMP,” means a civil money penalty.

(7) “Disqualification,” means the act of terminating the agreement of an authorized farmers’ market, or farmer from the FDNP for noncompliance with program requirements.

(8) “Eligible foods,” means fresh, nutritious, unprepared, locally grown fruits and vegetables and culinary herbs for human consumption. Eligible foods may not be processed or prepared beyond their natural state except for usual harvesting and cleaning processes. For example, checks cannot be used for honey, maple syrup, cider, nuts, seeds, plants, eggs, meat, cheese and seafood.

(9) “Farmer,” means an individual who owns, leases, rents or sharecrops land to grow, cultivate or harvest crops on that land.

(10) “Farm Direct Nutrition Program” or “FDNP,” means the Farmers’ Market Nutrition Program administered by the United States Department of Agriculture, Food and Nutrition Services and implemented by the State of Oregon.

(11) “Farmers’ Market,” means a group of five or more farmers who assemble over the course of a year at a defined location for the purpose of selling their eligible produce directly to consumers.

(12) “Farm Stand,” means a location at which a farmer sells produce directly to consumers.

(13) “FDNP Participant” or “participant” means a senior participant or a WIC participant receiving FDNP benefits.

(14) “Fine,” means a monetary penalty imposed against the farmer for non-compliance of FDNP rules.

(15) “Locally grown,” means grown in the state of Oregon or in the following counties of a contiguous state: California — Del Norte, Modoc, Siskiyou; Idaho -- Adams, Canyon, Idaho, Owyhee, Payette, Washington; Nevada — Humboldt, Washoe; Washington — Asotin, Benton, Clark, Columbia, Cowlitz, Garfield, Klickitat, Pacific, Skamania, Wahkiakum, Walla Walla.

(16) “Local WIC agency,” means the agency or clinic where a participant receives WIC services and FDNP checks.

(17) “Market,” means a farmers’ market that has a signed agreement with the Authority to participate in the FDNP.

(18) “Market Coordinator,” means an individual designated by the farmers’ market manager (or market board members) responsible for overseeing the market’s participation in the FDNP.

(19) “Market Season” means the time period in which FDNP checks may be transacted as determined by the Authority.

(20) “Senior Participant” means an individual who is over 60 years of age, meets all the eligibility components of the program and who receives FDNP checks.

(21) “Trafficking,” means the buying or exchanging of FDNP checks for cash, drugs, firearms or alcohol.

(22) “USDA” means the United States Department of Agriculture.

(23) “Validating,” means stamping the FDNP check in the designated box with the farmer identification number using the stamp provided by the Authority.

(24) “Violation,” means an activity that is prohibited by OAR 333-052-0030 through 333-052-0090 and classified in 333-052-0080 through 333-052-0130.

(25) “WIC” or “WIC program” means the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized by Section 17 of the Federal Child Nutrition Act of 1966, as amended, 42 U.S.C. ¦1786.

(26) “WIC participant” means any pregnant, breastfeeding, or postpartum woman, infant, or child who receives WIC benefits.

Stat. Auth.: ORS 409.600

Stats. Implemented: ORS 409.600

Hist.: PH 10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-053-0040

Definitions

(1) “Adjunctively income eligible” means an applicant or participant is eligible for WIC if they are:

(a) Certified and fully eligible to receive benefits for the:

(A) Food Distribution Program on Indian Reservations (FDPIR);

(B) Food Stamp Program;

(C) Medicaid/Oregon Health Plan (OHP); or

(D) Temporary Assistance for Needy Families (TANF).

(b) Determined presumptively eligible for either TANF or Medicaid/OHP (pending completion of that program’s process); or

(c) A member of a household with:

(A) A food stamp recipient;

(B) A pregnant woman or infant currently on Medicaid/OHP; or

(C) A TANF recipient.

(2) “Applicant” means any pregnant woman, breastfeeding woman, post-partum non-lactating woman, infant or child (through the end of the month he or she turns five years of age) or their guardian or proxy who applies to receive WIC benefits.

(3) “Authority” means the Oregon Health Authority.

(4) “Authorized food means any supplemental foods listed on the WIC Authorized Food List, the food instrument or the CVV.

(5) “Authorized shopper” means:

(a) The participant or any person designated by the participant who has signed the WIC ID card on the second line (second authorized signer);

(b) A documented proxy;

(c) A participant’s caretaker or the caretaker’s designee; or

(d) Any Authority representative posing as a participant or participant designee as authorized by the Authority.

(6) “Cash Value Voucher” or “CVV” means a fixed-dollar amount check, voucher, electronic benefit transfer (EBT) card or other document which is used by a participant to obtain WIC authorized fruits and vegetables.

(7) “Certification” means the implementation of criteria and procedures to assess and document each applicant’s eligibility for participation in the WIC program.

(8) “CFR” means Code of Federal Regulations.

(9) “Claim” means a demand for repayment for intentional misuse of WIC or FDNP benefits.

(10) “CSFP” means the Commodity Supplemental Food Program.

(11) “Disqualification” means termination of participation in the WIC program and cessation of WIC benefits due to an intentional participant violation for a specific amount of time. Participants may reapply for benefits at any time after the sanction period is over.

(12) “Dual participation” means simultaneous participation in more than one WIC program (more than one state or more than one local agency within Oregon) or participation in the WIC program and in the CSFP at the same time.

(13) “Farm Direct Nutrition Program” or “FDNP” means the Farmers’ Market Nutrition Program administered by the United States Department of Agriculture (USDA), Food and Nutrition Services and implemented by the state of Oregon, Oregon Health Authority.

(14) “Food instrument” means a negotiable financial instrument by which WIC benefits are provided to participants. Food instruments are also referred to as “checks” or “vouchers.”

(15) “Hearing request” or “request for a hearing” means any clear expression by an individual, or the individual’s parent, caretaker or representative, that they want a higher authority to review the adverse action that was taken against them by the local or state WIC program.

(16) “Local agency” means:

(a) A public or private non-profit health or human services agency that provides health services, either directly or through contract with the Authority to provide services, in accordance with 7 CFR § 246.5;

(b) An Indian Health Service unit in contract with the Authority to provide services;

(c) An Indian tribe, band or group recognized by the Department of the Interior that operates a health clinic or is provided health services by an Indian Health Service unit; or

(d) An intertribal council or group that is an authorized representative of Indian tribes, bands or groups recognized by the Department of the Interior that operates a health clinic or is provided health services by an Indian Health Service unit.

(17) “Offense” means any unintentional action of a participant, parent or caretaker of an infant or child participant, or a proxy that violates federal or state statutes, regulations, policies or procedures governing the WIC program.

(18) “Participant” means any pregnant woman, breastfeeding woman, post-partum non-lactating woman, infant or child (through the end of the month he or she turns five years of age) who has been certified to receive benefits from the WIC program.

(19) “Participant’s caretaker” means a person who has significant responsibility for providing food to the infant or child. The caretaker is usually part of the family unit, for example the parent or legal guardian of the infant or child.

(20) “Proxy” means a third person (besides the participant or authorized individual whose signature appears on the WIC ID card) temporarily authorized to pick up or shop with WIC food instruments or cash value vouchers on behalf of a participant.

(21) “Restitution” means reimbursement to the Authority of the cash value of the benefits that were obtained or disposed of improperly as the result of an intentional participant violation.

(22) “Sanction” means a penalty imposed by the state WIC program due to an intentional misuse of program funds or other intentional violation including, but not limited to, misrepresentation of information provided to determine program eligibility.

(23) “Second authorized signer means the individual who signed the WIC ID card on the second line.

(24) “Service area” means a local program or subdivision of a local program that encompasses a specific geographic area.

(25) “Termination from program” means a participant’s file is closed and benefits cease for any reason including, but not limited to, lack of eligibility, no longer breastfeeding, or transferring out of state.

(26) “Trafficking” means the buying or exchanging of WIC food instruments, cash value vouchers or FDNP checks for alcohol, cash, credit, tobacco or any other non-food item.

(27) “Violation” means an intentional action of a participant, parent or caretaker of an infant or child participant, or a proxy that violates federal or state statutes, regulations, policies or procedures governing the WIC program.

(28) “WIC program” or “WIC” means the Special Supplemental Nutrition Program for Women, Infants and Children authorized by Section 17 of the Federal Child Nutrition Act of 1966, as amended, 42 U.S.C. § 1786.

Stat. Auth.: ORS 409.600

Stats. Implemented: ORS 409.600

Hist.: PH 17-2008, f. & cert. ef. 11-5-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-061-0020

Definitions

As used in these rules, unless the context indicates otherwise:

(1) “Act” means the Oregon Drinking Water Quality Act of 1981 (ORS 448.115-448.990 as amended).

(2) “Action Level” means the concentration of lead or copper in water which determines, in some cases, the treatment requirements that a water system is required to complete.

(3) “Administrator” means the Director of the Oregon Health Authority or his/her designee.

(4) “Analytical Run” means the process during which a set of analytical drinking water samples along with an appropriate number of blanks, matrix spikes, or quality control samples are analyzed according to National Environmental Laboratory Accreditation Conference (NELAC) requirements to determine the presence, absence, or concentration of a specific target analyte or analytes. An analytical run is complete when the instrument performing the sample analysis generates a report of the sample analysis.

(5) “Approval” or “Approved” means approved in writing.

(6) “Approved Air Gap (AG)” means a physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressurized receiving vessel. An “Approved Air Gap” shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel and in no case less than 1 inch (2.54 cm), and in accord with Oregon Plumbing Specialty Code.

(7) “Approved Backflow Prevention Assembly” means a Reduced Pressure Principle Backflow Prevention Assembly, Reduced Pressure Principle-Detector Backflow Prevention Assembly, Double Check Valve Backflow Prevention Assembly, Double Check-Detector Backflow Prevention Assembly, Pressure Vacuum Breaker Backsiphonage Prevention Assembly, or Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly, of a make, model, orientation, and size approved by the Authority. Assemblies listed in the currently approved backflow prevention assemblies list developed by the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research, or other testing laboratories using equivalent testing methods, are considered approved by the Authority.

(8) “Aquifer” means a water saturated and permeable geological formation, group of formations, or part of a formation that is capable of transmitting water in sufficient quantity to supply wells or springs.

(9) “Aquifer Parameter” means a characteristic of an aquifer, such as thickness, porosity or hydraulic conductivity.

(10) “Aquifer Test” means pumping a well in a manner that will provide information regarding the hydraulic characteristics of the aquifer.

(11) “Area of public health concern” means an area of the state with a confirmed presence of groundwater contaminants likely to cause adverse human health effects.

(12) “Atmospheric Vacuum Breaker (AVB)” means a non-testable device consisting of an air inlet valve or float check, a check seat and an air inlet port(s). This device is designed to protect against a non-health hazard or a health hazard under a backsiphonage condition only. Product and material approval is under the Oregon Plumbing Specialty Code.

(13) “Authority” means the Oregon Health Authority.

(14) “Auxiliary Water Supply” means any supply of water used to augment the supply obtained from the public water system, which serves the premise in question.

(15) “Average Groundwater Velocity” means the average velocity at which groundwater moves through the aquifer as a function of hydraulic gradient, hydraulic conductivity and porosity.

(16) “AWWA” means the American Water Works Association.

(17) “Backflow” means the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any sources other than its intended source, and is caused by backsiphonage or backpressure.

(18) “Backflow Preventer” means a device, assembly or method to prevent backflow into the potable water system.

(19) “Backflow Prevention Assembly” means a backflow prevention assembly such as a Pressure Vacuum Breaker Backsiphonage Prevention Assembly, Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly, Double Check Valve Backflow Prevention Assembly, Double Check-Detector Backflow Prevention Assembly, Reduced Pressure Principle Backflow Prevention Assembly, or Reduced Pressure Principle-Detector Backflow Prevention Assembly and the attached shutoff valves on the inlet and outlet ends of the assembly, assembled as a complete unit.

(20) “Backpressure” means an elevation of pressure downstream of the distribution system that would cause, or tend to cause, water to flow opposite of its intended direction.

(21) “Backsiphonage” means a drop in distribution system pressure below atmospheric pressure (partial vacuum), that would cause, or tend to cause, water to flow opposite of its intended direction.

(22) “Bag filter” means a pressure-driven separation device that removes particulate matter larger than one micrometer using an engineered porous filtration media. It is typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to the outside.

(23) “Bank Filtration” means a water treatment process that uses a horizontal or vertical well to recover surface water that has naturally infiltrated into groundwater through a river bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply.

(24) “Best Available Technology” or “BAT” means the best technology, treatment techniques, or other means which the EPA finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).

(25) “Bore-Sighted Drain to Daylight” means an unrestricted straight-line opening in an enclosure that vents to grade, and is sized and constructed to adequately drain the full flow discharge from a reduced pressure principle backflow prevention assembly thus preventing any potential for submersion of the assembly.

(26) “Bottled Water” means potable water from a source approved by the Authority for domestic use which is placed in small, easily transportable containers.

(27) “Calculated Fixed Radius” means a technique to delineate a wellhead protection area, based on the determination of the volume of the aquifer needed to supply groundwater to a well over a given length of time.

(28) “Cartridge filter” means a pressure-driven separation device that removes particulate matter larger than one micrometer using an engineered porous filtration media. It is typically constructed of rigid or semi-rigid, self-supporting filter elements housed in a pressure vessel in which flow is from the outside of the cartridge to the inside.

(29) “Certificate,” for the purposes of OAR 333-061-0210 through 0295, means a certificate of competency issued by the Authority stating that the operator meets the requirements for a specific operator classification and level.

(30) “CFR” means the Code of Federal Regulations. Specifically, it refers to those sections of the code which deal with the National Primary and Secondary Drinking Water Regulations.

(31) “Check Valve” means a valve, which allows flow in only one direction.

(32) “Coagulation” means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into floc.

(33) “Coliform-Positive” means the presence of coliform bacteria in a water sample.

(34) “Combined distribution system means the interconnected distribution system consisting of the distribution systems of wholesale water systems and of the purchasing water systems that receive finished water.

(35) “Community Water System” means a public water system that has 15 or more service connections used by year-round residents, or that regularly serves 25 or more year-round residents.

(36) “Compliance Cycle” means the nine-year calendar year cycle during which public water systems must monitor. Each compliance cycle consists of three three-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001.

(37) “Compliance Period” means a three-year calendar year period within a compliance cycle. Each compliance cycle has three three-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; and the third from January 1, 1999 to December 31, 2001.

(38) “Comprehensive performance evaluation (CPE)” means a thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. The CPE must consist of at least the following components: Assessment of plant performance; evaluations of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.

(39) “Conceptual Model” means a three-dimensional representation of the groundwater system, including the location and extent of the hydrogeologic units, areas of recharge and discharge, hydrogeologic boundaries and hydraulic gradient.

(40) “Confined Well” means a well completed in a confined aquifer. More specifically, it is a well which produces water from a formation that is overlain by an impermeable material of extensive area. This well shall be constructed according to OAR chapter 690, division 200 “Well Construction and Maintenance” standards.

(41) “Confluent Growth” means a continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

(42) “Constructed Conveyance” means any human-made conduit such as ditches, culverts, waterways, flumes, mine drains, canals or any human-altered natural water bodies or waterways as determined by the Authority.

(43) “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water that creates a health hazard.

(44) “Contingency Plan” means a document setting out an organized, planned and coordinated course of action to be followed in the event of a loss of capacity to supply water to the distribution system or in case of a fire, explosion or release of hazardous waste which could threaten human health or the environment.

(45) “Continuing Education Unit (CEU)” means a nationally recognized unit of measurement for assigning credits for education or training that provides the participant with advanced or post high school learning. One CEU is awarded for every 10 classroom hours of lecture or the equivalent of participation in an organized education experience, conducted under responsible sponsorship, capable direction and qualified instruction as determined by the Authority or its designee.

(46) “Conventional Filtration Treatment Plant” means a water treatment plant using conventional or direct filtration to treat surface water or groundwater under the direct influence of surface water.

(47) “Corrosion Inhibitor” means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

(48) “Cross Connection” means any actual or potential unprotected connection or structural arrangement between the public or user’s potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substances other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel, or change-over devices, and other temporary or permanent devices through which, or because of which, backflow can occur are considered to be cross connections.

(49) “CT” means the product of the residual disinfectant concentration “C” (measured in mg/l) and disinfectant contact time(s), “T” (measured in minutes).

(50) “Degree of Hazard” means either pollution (non-health hazard) or contamination (health hazard) and is determined by an evaluation of hazardous conditions within a system.

(51) “Delineation” means the determination of the extent, orientation and boundaries of a wellhead protection area using factors such as geology, aquifer characteristics, well pumping rates and time of travel.

(52) “Demonstration Study” means a series of tests performed to prove an overall effective removal and/or inactivation rate of a pathogenic organism through a treatment or disinfection process.

(53) “Direct Responsible Charge (DRC)” means an individual designated by the owner or authorized agent to make decisions regarding the daily operational activities of a public water system, water treatment facility and/or distribution system, that will directly impact the quality or quantity of drinking water.

(54) “Discharge” means the volume rate of loss of groundwater from the aquifer through wells, springs or to surface water.

(55) “Disinfectant Contact Time” means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfection residual measurement to a point before or at the point where residual disinfectant concentration is measured.

(56) “Disinfectant Residual Maintenance” means a process where public water systems add chlorine (or other chemical oxidant) for the purpose of maintaining a disinfectant residual in the distribution system, when the source(s) is not at risk of microbial contamination.

(57) “Disinfection” means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

(58) “Disinfection profile” means a summary of Giardia lamblia inactivation through the treatment plant.

(59) “Distribution System” means the network of pipes and other facilities, which are used to distribute water from the source, treatment, transmission, or storage facilities to the water user.

(60) “Domestic” means provided for human consumption.

(61) “Domestic or other non-distribution system plumbing problem” means a coliform contamination problem in a public water system with more than one service connection that is limited to the specific service connection from which the coliform-positive sample was taken.

(62) “Dose Equivalent” means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU).

(63) “Double Check-Detector Backflow Prevention Assembly (DCDA)” means a specially designed assembly composed of a line size approved double check valve assembly assembled with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard.

(64) “Double Check Valve Backflow Prevention Assembly (DC)” means an assembly of two independently acting approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly is designed to protect against a non-health hazard.

(65) “Drawdown” means the difference, measured vertically, between the static water level in the well and the water level during pumping.

(66) “Drinking Water Protection” means implementing strategies within a drinking water protection area to minimize the potential impact of contaminant sources on the quality of water being used as a drinking water source by a Public Water System.

(67) “Drinking Water Protection Area (DWPA)” means the source area supplying drinking water to a Public Water System. For a surface water-supplied drinking water source the DWPA is all or a specifically determined part of a lake’s, reservoir’s or stream’s watershed that has been certified by the Department of Environmental Quality. For a groundwater-supplied drinking water source the DWPA is the area on the surface that directly overlies that part of the aquifer that supplies groundwater to a well, well field or spring that has been certified by the Authority.

(68) “Drinking Water Protection Plan” means a plan, certified by the Department of Environmental Quality according to OAR 340-040-0160 to 340-040-0180, which identifies the actions to be taken at the local level to protect a specifically defined and certified drinking water protection area. The plan is developed by the local Responsible Management Authority and/or team and includes a written description of each element, public participation efforts, and an implementation schedule.

(69) “Dual sample set” means a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other for HAA5. Dual sample sets are collected for the purposes of conducting an Initial Distribution System Evaluation (IDSE) as prescribed in 333-061-0036(4)(b) of these rules, and for determining compliance with the maximum contaminant levels for TTHM and HAA5 listed in OAR 333-061-0030(2)(b).

(70) “Effective Corrosion Inhibitor Residual” means a concentration sufficient to form a passivating film on the interior walls of a pipe.

(71) “Effective Porosity” means the ratio of the volume of interconnected voids (openings) in a geological formation to the overall volume of the material.

(72) “Element” means one of seven objectives considered by the U.S. EPA as the minimum required components in any state wellhead protection program: specification of duties, delineation of the wellhead protection area, inventory of potential contaminant sources, specification of management approaches, development of contingency plans, addressing new (future) wells, and ensuring public participation.

(73) “Emergency” means a condition resulting from an unusual calamity such as a flood, storm, earthquake, drought, civil disorder, volcanic eruption, an accidental spill of hazardous material, or other occurrence which disrupts water service at a public water system or endangers the quality of water produced by a public water system.

(74) “Emergency Response Plan” means a written document establishing contacts, operating procedures, and actions taken for a public water system to minimize the impact or potential impact of a natural disaster, accident, or intentional act which disrupts or damages, or potentially disrupts or potentially damages the public water system or drinking water supply, and returns the public water system to normal operating condition.

(75) “Enhanced coagulation means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

(76) “Enhanced softening means the improved removal of disinfection byproduct precursors by precipitative softening.

(77) “EPA” means the United States Environmental Protection Agency.

(78) “Filter profile” means a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from start-up to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

(79) “Filtration” means a process for removing particulate matter from water through porous media.

(a) “Conventional Filtration Treatment” means a series of processes including coagulation (requiring the use of a primary coagulant and rapid mix), flocculation, sedimentation, and filtration resulting in substantial particulate removal.

(b) “Direct Filtration Treatment” means a series of processes including coagulation (requiring the use of a primary coagulant and rapid mix) and filtration but excluding sedimentation resulting in substantial particulate removal.

(c) “Slow Sand Filtration” means a treatment process involving passage of raw water through a bed of sand at low velocity (generally less than 235 gallons per square foot per day) resulting in substantial particulate removal by physical and biological mechanisms.

(d) “Diatomaceous Earth Filtration” means a process resulting in substantial particulate removal in which:

(A) A precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum); and

(B) While the water is filtered by passing through the cake on the septum, additional filter media, known as body feed, is continuously added to the feed water, in order to maintain the permeability of the filter cake.

(80) “Filtration Endorsement” means a special provision added to a Water Treatment Operator’s certification that includes experience in and knowledge of the operational decision making at a Conventional or Direct Filtration Treatment Plant.

(81) “Finished water” means water that is introduced into the distribution system of a public water system and intended for distribution and consumption without further treatment, except as necessary to maintain water quality in the distribution system such as booster disinfection or the addition of corrosion control chemicals.

(82) “First Customer” means the initial service connection or tap on a public water supply after any treatment processes.

(83) “First Draw Sample” means a one-liter sample of tap water that has been standing in plumbing pipes at least 6 hours and is collected without flushing the tap.

(84) “Flocculation” means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means.

(85) “Flowing stream” means a course of running water flowing in a definite channel.

(86) “Future Groundwater Sources” means wells and/or springs that may be required by the public water system in the future to meet the needs of the system.

(87) “GAC 10” means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with OAR 333-061-0030(2)(b) shall be 120 days.

(88) “GAC 20” means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.

(89) “Gross Alpha Particle Activity” means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

(90) “Gross Beta Particle Activity” means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

(91) “Groundwater” means any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this state, whatever may be the geologic formation or structure in which such water stands, flows, percolates or otherwise moves.

(92) “Groundwater System” means any public water system that uses groundwater, including purchasing water systems that receive finished groundwater, but excluding public water systems that combine all of their groundwater with surface water or groundwater under the direct influence of surface water prior to treatment.

(93) “Groundwater under the direct influence of surface water (GWUDI)” means any water beneath the surface of the ground with significant occurrence of insects or other macro-organisms, algae or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions.

(94) “Haloacetic acids (five) (HAA5)” mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid and dibromoacetic acid), rounded to two significant figures after addition.

(95) “Hauled Water” means water for human consumption transported from a Public Water System in a manner approved by the Authority.

(96) “Health Hazard (Contamination)” means an impairment of the quality of the water that could create an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, or other substances.

(97) “Human Consumption” means water used for drinking, personal hygiene bathing, showering, cooking, dishwashing, and maintaining oral hygiene.

(98) “Hydraulic Conductivity” means the capacity of the medium, e.g., soil, aquifer, or any hydrogeological unit of interest, to transmit water.

(99) “Hydraulic Connection” refers to a well, spring or other groundwater collection system in which it has been determined that part of the water supplied by the collection system is derived, either naturally or induced, from a surface water source.

(100) “Hydraulic Gradient” means the slope of the water table or potentiometric surface, calculated by dividing the change in hydraulic head between two points by the horizontal distance between the points in the direction of groundwater flow.

(101) “Hydraulic Head” means the energy possessed by the water mass at a given point, related to the height above the datum plane that water resides in a well drilled to that point. In a groundwater system, the hydraulic head is composed of elevation head and pressure head.

(102) “Hydrogeologic Boundary” means physical features that bound and control direction of groundwater flow in a groundwater system. Boundaries may be in the form of a constant head, e.g. streams, or represent barriers to flow, e.g. groundwater divides and impermeable geologic barriers.

(103) “Hydrogeologic Mapping” means characterizing hydrogeologic features (e.g. hydrogeologic units, hydrogeologic boundaries, etc.) within an area and determining their location, areal extent and relationship to one another.

(104) “Hydrogeologic Unit” means a geologic formation, group of formations, or part of a formation that has consistent and definable hydraulic properties.

(105) “Impermeable Material” means a material that limits the passage of water.

(106) “Impounding Reservoir” means an uncovered body of water formed behind a dam across a river or stream, and in which water is stored.

(107) “Infiltration Gallery” means a system of perforated pipes laid along the banks or under the bed of a stream or lake installed for the purpose of collecting water from the formation beneath the stream or lake.

(108) “Initial Compliance Period” means the 1993-95 three-year compliance period for systems with 150 or more service connections and the 1996-98 three-year compliance period for systems having fewer than 150 service connections for the contaminants prescribed in OAR 333-061-0036(2)(a)(A)(v), 333-061-0036(3)(a)(K) and (3)(b)(O).

(109) “Interfering Wells” means wells that, because of their proximity and pumping characteristics, and as a result of the aquifer’s hydraulic properties, produce drawdown cones that overlap during simultaneous pumping. The result is a lowering of the pumping level in each well below what it would be if that well were pumping by itself.

(110) “Inventory of Potential Contaminant Sources” means the reconnaissance level location of land use activities within the Drinking Water Protection Area that as a category have been associated with groundwater or surface water contamination in Oregon and elsewhere in the United States.

(111) “Lake/reservoir” means a natural or man-made basin or hollow on the Earth’s surface in which water collects or is stored that may or may not have a current or single direction of flow.

(112) “Lead Free” when used with respect to solders and flux shall mean solders and flux containing not more than 0.2 percent lead, and when used with respect to pipes and fittings shall mean pipes and fittings containing not more than 8.0 percent lead. When used with respect to plumbing fittings and fixtures intended for dispensing water for human consumption shall mean in compliance with standards established in accordance with 42 U.S.C. 300g-6(e) and ANSI/NSF standard 61, section 9.

(113) “Lead Service Line” means a service line made of lead, which connects the water main to the building inlet and any pigtail, gooseneck or other fitting, which is connected to such lead line.

(114) “Legionella” means a genus of bacteria, some species of which have caused a type of pneumonia called Legionnaires Disease.

(115) “Local Administrative Authority” means the individual official, board, department or agency established and authorized by a state, county or city to administer and enforce the provisions of the Oregon State Plumbing Specialty Code adopted under OAR 918-750-0110.

(116) “Locational running annual average (LRAA)” means the arithmetic average of analytical results for samples taken at a specific monitoring location during the previous four calendar quarters.

(117) “Major Additions or Modifications” means changes of considerable extent or complexity including, but not limited to, projects involving water sources, treatment facilities, facilities for continuous disinfection, finished water storage, pumping facilities, transmission mains, and distribution mains, except main replacements of the same length and diameter.

(118) “Man-made Beta Particle and Photon Emitters” means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, NBS Handbook 69, except the daughter products of Thorium-232, Uranium-235 and Uranium-238.

(119) “Master Plan” means an overall plan, which shows the projected development of a distribution system and alternatives for source development.

(120) “Maximum Contaminant Level (MCL)” means the maximum allowable level of a contaminant in water delivered to the user’s of a public water system, except in the case of turbidity where the maximum allowable level is measured at the point of entry to the distribution system.

(121) “Maximum Residual Disinfectant Level (MRDL)” means a level of a disinfectant added for water treatment that may not be exceeded at the consumer’s tap without an unacceptable possibility of adverse health effects.

(122) “Membrane filtration” means a pressure or vacuum driven separation process in which particulate matter larger than one micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis.

(123) “Multi-purpose Piping System” means a piping system within residential dwellings intended to serve both domestic and fire protection needs. This type of system is considered part of a potable water system.

(124) “New Groundwater Sources” means additional or modified wells and/or springs owned by the Public Water System.

(125) “Non-Health Hazard (Pollution)” means an impairment of the quality of the water to a degree that does not create a hazard to the public health, but does adversely affect the aesthetic qualities of such water for potable use.

(126) “Non-Transient Non-Community Water System (NTNC)” means a public water system that is not a Community Water System and that regularly serves at least 25 of the same persons over 6 months per year.

(127) “Open Interval” means in a cased well, the sum of the length(s) of the screened or perforated zone(s) and in an uncased (open-hole) well, the sum of the thickness(es) of the water-bearing zones or, if undeterminable, 10 percent of the length of the open hole.

(128) “Operating Experience” means the routine performance of duties, tasks, and responsibilities at a drinking water system or in a related field as allowed under OAR 333-061-0245(6)(b).

(129) “Operational Decision Making” means having responsibility for making decisions among the alternatives in the performance of the water treatment plant or the water distribution system regarding water quality or quantity which affect public health.

(130) “Operator,” for the purposes of OAR 333-061-0210 through 0295, means an individual with responsibilities that directly impact the quality of drinking water including individuals making process control or system integrity decisions about water quality or quantity that affect public health. This term does not include officials, managers, engineers, directors of public works, or equivalent whose duties do not include the actual “hands-on” operation or supervision on-site of water system facilities or operators.

(131) “Optimal Corrosion Control Treatment” means the corrosion control treatment that minimizes the lead and copper concentrations at users’ taps while insuring that the treatment does not cause the water system to violate any national primary drinking water regulations.

(132) “Pathogenic” means a specific agent (bacterium, virus or parasite) causing or capable of causing disease.

(133) “Peak Daily Demand” means the maximum rate of water use, expressed in gallons per day, over the 24-hour period of heaviest consumption.

(134) “Permit” means official permission granted by the Authority for a public water system which exceeds maximum contaminant levels to delay, because of economic or other compelling factors, the installation of water treatment facilities which are necessary to produce water which does not exceed maximum contaminant levels.

(135) “Person” means any individual, corporation, association, firm, partnership, municipal, state or federal agency, or joint stock company and includes any receiver, special master, trustee, assignee, or other similar representative thereof.

(136) “Picocurie (pCi)” means that quantity of radioactive material producing 2.22 nuclear transformations per minute.

(137) “Pilot Study” means the construction and operation of a scaled down treatment system during a given period of time to determine the feasibility a full-scale treatment facility.

(138) “Plant intake” means the works or structures at the head of a conduit through which water is diverted from a source, such as a river or lake, into a treatment plant.

(139) “Plug Flow” means movement of water in a pipe such that particles pass through the pipe and are discharged in the same sequence in which they entered.

(140) “Point of Delivery (POD)” means the point of connection between a public water system and the user’s water system. Beyond the point of delivery, the Oregon Plumbing Specialty Code applies. See “Service Connection.”

(141) “Point of Disinfectant Application” is the point where the disinfectant is applied and water downstream of that point is not subject to recontamination by surface water runoff.

(142) “Point-of-Entry Treatment Device” is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

(143) “Point-of-Use Treatment Device” is a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap.

(144) “Pollutant” means a substance that creates an impairment of the quality of the water to a degree which does not create a hazard to the public health, but which does adversely affect the aesthetic qualities of the water.

(145) “Porous Media Assumption” means the assumption that groundwater moves in the aquifer as if the aquifer were granular in character, i.e. moves directly down-gradient, and the velocity of the groundwater can be described by Darcy’s Law.

(146) “Post High School Education” means that education acquired through programs such as short schools, bona fide correspondence courses, trade schools, colleges, universities, formalized workshops or seminars that are acceptable to the Authority and for which college or continuing education credit is issued by the training sponsor.

(147) “Potable Water” See Safe Drinking Water.

(148) “Potential Contaminant Source Inventory” means the determination of the location within the wellhead protection area of activities known to use or produce materials that can contaminate groundwater.

(149) “Potential Cross Connection” means a cross connection that would most likely occur, but may not be taking place at the time of an inspection.

(150) “Potentiometric Surface” means a surface that denotes the variation of hydraulic head in the given aquifer across an area.

(151) “Premise” means real estate and the structures on it.

(152) “Premise Isolation” means the practice of protecting the public water supply from contamination or pollution by installing backflow prevention assemblies at, or near, the point of delivery where the water supply enters the premise. Premise isolation does not guarantee protection to persons on the premise.

(153) “Presedimentation” means a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

(154) “Pressure Vacuum Breaker Backsiphonage Prevention Assembly (PVB)” means an assembly consisting of an independently operating, internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with properly located resilient seated test cocks and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard under backsiphonage conditions only.

(155) “Provisional Delineation” means approximating the wellhead protection area for a well by using the wellhead protection area from another well in the same hydrogeologic setting or by using generalized values for the aquifer characteristics to generate an approximate wellhead protection area for the well. Used only for the purpose of evaluating potential siting of new or future groundwater sources. Not an acceptable way to formally delineate a wellhead protection area.

(156) “Public Health Hazard” means a condition, device or practice which is conducive to the introduction of waterborne disease organisms, or harmful chemical, physical, or radioactive substances into a public water system, and which presents an unreasonable risk to health.

(157) “Public Water System” means a system for the provision to the public of piped water for human consumption, if such system has more than three service connections, or supplies water to a public or commercial establishment that operates a total of at least 60 days per year, and that is used by 10 or more individuals per day. Public water system also means a system for the provision to the public of water through constructed conveyances other than pipes to at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days of the year. A public water system is either a “Community Water System,” a “Transient Non-Community Water System,” a “Non-Transient Non-Community Water System” or a “State Regulated Water System.”

(158) “Purchasing Water System” means a public water system which obtains its water in whole or in part from another public water system. Delivery may be through a direct connection or through the distribution system of one or more purchasing water systems.

(159) “Recharge means the process by which water is added to a zone of saturation, usually by downward infiltration from the surface.

(160) “Recharge Area” means a land area in which water percolates to the zone of saturation through infiltration from the surface.

(161) “Recovery” means the rise in water level in a well from the pumping level towards the original static water level after pumping has been discontinued.

(162) “Reduced Pressure Principle Backflow Prevention Assembly (RP)” means an assembly containing two independently acting approved check valves, together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard.

(163) “Reduced Pressure Principle-Detector Backflow Prevention Assembly (RPDA)” means a specifically designed assembly composed of a line size approved reduced pressure principle backflow prevention assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard or a health hazard.

(164) “Rem” means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A “millirem (mrem)” is 1/1000 of a rem.

(165) “Repeat Compliance Period” means any subsequent compliance period after the initial compliance period.

(166) “Residual disinfectant concentration” means the concentration of disinfectant measured in mg/l in a representative sample of water.

(167) “Responsible Management Authority” means the Public Water System whose water supply is being protected and any government entity having management, rule or ordinance-making authority to implement wellhead protection management strategies within the wellhead protection area. The Responsible Management Authority is responsible for implementation of the Wellhead Protection Plan and includes cities, counties, special districts, Indian tribes, state/federal entities as well as public water systems.

(168) “Safe Drinking Water” means water which has sufficiently low concentrations of microbiological, inorganic chemical, organic chemical, radiological or physical substances so that individuals drinking such water at normal levels of consumption, will not be exposed to disease organisms or other substances which may produce harmful physiological effects.

(169) “Sanitary Survey (Water System Survey)” means an on-site review of the water source(s), facilities, equipment, operation, maintenance and monitoring compliance of a public water system to evaluate the adequacy of the water system, its sources and operations in the distribution of safe drinking water. The sanitary survey also identifies sources of contamination by using the results of source water assessments where available.

(170) “Secondary Contaminant” means those contaminants, which, at the levels generally found in drinking water, do not present an unreasonable risk to health, but do:

(a) Have adverse effects on the taste, odor and color of water;

(b) Produce undesirable staining of plumbing fixtures; or

(c) Interfere with treatment processes applied by water suppliers.

(171) “Secondary Maximum Contaminant Level (SMCL)” means the level of a secondary contaminant which when exceeded may adversely affect the aesthetic quality of the drinking water which thereby may deter public acceptance of drinking water provided by public water systems or may interfere with water treatment methods.

(172) “Sedimentation” means a process for removal of solids before filtration by gravity or separation.

(173) “Seller’s Designee” means the person assigned by the seller to complete the necessary paperwork and submit the lab results to the Authority and can be the seller’s attorney, real estate agent or broker, the person conducting the tests or a private party.

(174) “Sensitivity” means the intrinsic characteristics of a drinking water source such as depth to the aquifer for groundwater or highly erodible soils in a watershed that increase the potential for contamination to take place if a contaminant source is present.

(175) “Service Connection” means the piping connection by means of which water is conveyed from a distribution main of a public water system to a user’s premise. For a community water system, the portion of the service connection that conveys water from the distribution main to the user’s property line, or to the service meter, where provided, is under the jurisdiction of the water supplier.

(176) “Significant Deficiency” means a defect in design, operation, or maintenance, or a malfunction of the source(s), treatment, storage, or distribution system that has been determined to cause or have the potential for causing the introduction of contamination into the water delivered to consumers.

(177) “Single Connection System” means a public water system serving only one installation, such as a restaurant, campground or place of employment.

(178) “Single Family Structure” means a building constructed as a single-family residence that is currently used as either a residence or a place of business.

(179) “Small Water System,” for the purposes of OAR 333-061-0210 through 0295, means a community or non-transient non-community water system serving fewer than 150 connections and either uses groundwater as its only source or purchases its water from another public water system without adding any additional treatment.

(180) “Source Water Assessment” means the information compiled by the Authority and the Department of Environmental Quality (DEQ), consisting of the delineation, inventory and susceptibility analyses of the drinking water source, which enable public water systems to develop and implement drinking water protection plans.

(181) “Specific Ultraviolet Absorption (SUVA) at 254 nanometers” means an indicator of the humic content of water as a calculated parameter obtained by dividing a sample’s ultraviolet absorption at a wavelength of 254 nanometers (UV254) by its concentration of dissolved organic carbon (DOC) (in milligrams per liter).

(182) “Spill Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly (SVB)” means an assembly containing an independently operating, internally loaded check valve and independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with a properly located resilient seated test cock, a properly located bleed/vent valve, and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard under a backsiphonage condition only.

(183) “Spring” means a naturally occurring discharge of flowing water at the ground surface, or into surface water where the flow of water is the result of gravity or artesian pressure. Springs can be derived from groundwater or they can be surface water influenced.

(184) “Stand-alone Fire Suppression System” means a piping system within a premise intended to only serve as a fire protection system separated from the potable water system.

(185) “State Regulated Water System” means a public water system, which serves 4 to 14 service connections or serves 10 to 24 people. Monitoring requirements for these systems are the same as those for Transient Non-Community water systems.

(186) “Static Water Level” means the vertical distance from ground surface to the water level in the well when the well is at rest, i.e., the well has not been pumped recently and the water level is stable. This is the natural level of water in the well.

(187) “Submeter” means a water meter by which a property owner (or association of property owners) meters individual water use after the water passes through a master meter. For the purposes of OAR 333-061-0010, submetering does not constitute applying a direct charge for water or directly selling water to a person.

(188) “Surface Water” means all water, which is open to the atmosphere and subject to surface runoff.

(189) “Susceptibility” means the potential, as a result of the combination of land use activities and source water sensitivity that contamination of the drinking water source may occur.

(190) “Team” means the local Wellhead Protection team, which includes representatives from the Responsible Management Authorities and various interests and stakeholders potentially affected by the Wellhead Protection Plan.

(191) “Thermal Expansion” means the pressure increase due to a rise in water temperature that occurs in water piping systems when such systems become “closed” by the installation of a backflow prevention assembly or other means, and will not allow for expansion beyond that point of installation.

(192) “These Rules” means the Oregon Administrative Rules encompassed by OAR 333-061-0005 through 333-061-0335.

(193) “Time-of-Travel (TOT)” means the amount of time it takes groundwater to flow to a given well. The criterion that effectively determines the radius in the calculated fixed radius method and the up-gradient distance to be used for the analytical and numerical models during delineation of the wellhead protection area.

(194) “Too Numerous To Count (TNTC)” means that the total number of bacterial colonies exceeds 200 on a 47 mm diameter membrane filter used for coliform bacteria detection.

(195) “Total Organic Carbon (TOC)” means total organic carbon in milligrams per liter measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

(196) “Total Trihalomethanes (TTHM)” means the sum of the concentrations in milligrams per liter of the trihalomethane compounds bromodichloromethane, dibromochloromethane, tribromomethane (bromoform) and trichloromethane (chloroform), rounded to two significant figures after addition.

(197) “Transient Non-Community Water System (TNC)” means a public water system that serves a transient population of 25 or more persons.

(198) “Turbidity” means a measure of the cloudiness of water caused by suspended particles. The units of measure for turbidity are nephelometric turbidity units (NTU).

(199) “Two-stage lime softening means a process in which a chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration.

(200) “Unconfined Well” means a well completed in an unconfined aquifer. More specifically, a well which produces water from a formation that is not overlaying by impermeable material. This well shall be constructed according to OAR chapter 690, division 200 “Well Construction and Maintenance” standards.

(201) “Uncovered finished water storage facility” means a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere.

(202) “University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research (USC FCCCHR)” is an agency that conducts laboratory and field tests to evaluate and grant “Certificates of Approval” to backflow prevention assemblies meeting approved standards.

(203) “Vadose Zone” means the zone between the ground surface and the water table where the available open spaces between soil and sediment particles, in rock fractures, etc., are most filled with air.

(204) “Variance” means official permission granted by the Authority for public water systems to exceed maximum contaminant levels because the quality of the raw water is such that the best available treatment techniques are not capable of treating the water so that it complies with maximum contaminant levels, and there is no unreasonable risk to health.

(205) “Vault” means an approved enclosure above or below ground to house a backflow prevention assembly that complies with the local administrative authority having jurisdiction.

(206) “Virus” means a virus of fecal origin, which is infectious to humans by waterborne transmission.

(207) “Waiver” means official permission from the Authority for a public water system to deviate from the construction standards set forth in these rules.

(208) “Water-bearing Zone” means that part or parts of the aquifer encountered during drilling that yield(s) water to a well.

(209) “Waterborne disease outbreak” means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the Authority.

(210) “Water Source” means any lake, stream, spring, groundwater supply, impoundment or other source of water from which water is obtained for a public water system. In some cases, a public water system can be the source of supply for one or more other public water systems.

(211) “Water Supplier” means a person, group of persons, municipality, district, corporation or other entity, which owns or operates a public potable water system.

(212) “Water System” means a system for the provision of piped water for human consumption.

(213) “Water System Operations Manual” means a written document describing the actions and procedures necessary to operate and maintain the entire water system.

(214) “Water Table” means the upper surface of an unconfined aquifer, the surface of which is at atmospheric pressure and fluctuates seasonally. It is defined by the levels at which water stands in wells that penetrate the aquifer.

(215) “Water Treatment” means a process of altering water quality by physical or chemical means and may include domestic, industrial or commercial applications.

(216) “Well” means an artificial opening or artificially altered natural opening, however made, by which ground water is sought or through which ground water flows under natural pressure or is artificially withdrawn or injected, provided that this definition shall not include a natural spring, or wells drilled for the purpose of exploration or production of oil or gas.

(217) “Wellfield” means two or more drinking water wells, belonging to the same water system that are within 2,500 feet, or as determined by the Authority, and produce from the same and no other aquifer.

(218) “Wellhead Protection.” See Drinking Water Protection.

(219) “Wellhead Protection Area (WHPA).” See Drinking Water Protection Area.

(220) “Wellhead Protection Plan.” See Drinking Water Protection Plan.

(221) “Wholesale system” means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more purchasing water systems.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.110, 431.150, 448.131, 448.150, 448.273, 448.279

Hist.: HD 106, f. & ef. 2-6-76; HD 4-1980, f. & ef. 3-21-80; HD 10-1981, f. & ef. 6-30-81; HD 17-1981(Temp), f. & ef. 8-28-81; HD 4-1982, f. & ef. 2-26-82; Renumbered from 333-042-0205, HD 2-1983, f. & ef. 2-23-83; HD 21-1983, f. 10-20-83, ef. 11-1-83; HD 11-1985, f. & ef. 7-2-85; HD 30-1985, f. & ef. 12-4-85; HD 3-1987, f. & ef. 2-17-87; HD 3-1988(Temp), f. & cert. ef. 2-12-88; HD 17-1988, f. & cert. ef. 7-27-88; HD 9-1989, f. & cert. ef. 11-13-89; HD 26-1990, f. 12-26-90, cert. ef. 12-29-90; HD 7-1992, f. & cert. ef. 6-9-92; HD 12-1992, f. & cert. ef. 12-7-92; HD 3-1994, f. & cert. ef. 1-14-94; HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; HD 14-1997, f. & cert. ef. 10-31-97; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 3-2000, f. 3-8-00, cert. ef. 3-15-00; OHD 7-2000, f. 7-11-00, cert. ef. 7-15-00; OHD 23-2001, f. & cert. ef. 10-31-01; OHD 17-2002, f. & cert. ef. 10-25-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04; PH 33-2004, f. & cert. ef. 10-21-04; PH 34-2004, f. & cert. ef. 11-2-04; PH 2-2006, f. & cert. ef. 1-31-06; PH 4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-102-0203

Definitions

The following definitions apply for Radioactive Material Licenses issued pursuant to this division and divisions 105, 113, 115, 117, and 121 of this chapter:

NOTE: Unless otherwise specified in this rule, the licenses described in this rule are limited by conditions of the radioactive materials license issued pursuant to OAR 333-102-0200, and other applicable rules in this chapter.

(1) “Analytical Leak Test” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(a), authorizing possession of environmental samples, sealed source leak-test, contamination wipe, etc. samples for radioanalytical measurements. This license does not authorize collection of samples, or decommissioning or decontamination activities.

(2) “Assets” means anything of material value or usefulness. In the context of a materials license, assets include all existing capital, effects, possessions, and belongings and all probable future economic benefits obtained or controlled by a particular entity.

(3) “Basic License” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(b) authorizing the receipt, possession, use, transfer, and disposal of sources of radiation or radioactive materials incident to gauge service, teletherapy service, medical afterloader service, and other licensed service activities; pre-packaged waste pickup (not packaging), storage of materials prior to license termination, instrument quality control servicing or calibration (excluding activities authorized by 333-103-0010(2)(m)), or other minor activities not otherwise specified in these rules, such as authorization for “systems,” as defined in these rules, pursuant to that definition.

(4) “Beneficiating” means subjecting a product to any process that will increase or concentrate any component (including the radioactive materials) to benefit the product.

(5) “Brachytherapy” means a Healing Arts facility-specific license issued pursuant to OAR 333-103-0010(2)(c) authorizing the use of brachytherapy sources for in vivo application of radiation in accordance with 333-116-0420. Brachytherapy includes radioactive material sealed sources in seeds, needles, plaques, or other localized medical devices, but excludes remote afterloaders.

(6) “Broad Scope A” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(d), authorizing activities in 333-102-0900(1)(a), under the authority of a Radiation Safety Committee.

(7) “Broad Scope B” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(e) authorizing activities described in 333-102-0900(1)(b), under the authority of a Radiation Safety Officer.

(8) “Broad Scope C” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(f) authorizing activities described in 333-102-0900(1)(c), under the authority of an authorized user.

(9) “Commencement of construction” means any clearing of land, excavation or other substantial action related to a proposed activity for specific licensing that would adversely affect the natural environment of a site.

(10) “Current assets” means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.

(11) “Decontamination and Decommissioning” means:

(a) A facility specific license issued pursuant to OAR 333-103-0010(2)(w) authorizing activities that result in returning a site to its original pre-license condition prior to termination of licensed activities; and

(b) Activities performed pursuant to OAR 333-102-0335 on any portion of a site prior to license termination.

(12) “Diagnosis” means examination, determination, identification, study, or analysis of a medical condition.

(13) “Distribution” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(g), authorizing transfer or distribution (sale) of general or specific license radioactive material to persons granted a general license or issued a specific license, or, in the case of NARM, to persons exempt from the rules in this chapter.

(14) “Exempt Source” means radioactive material, exempt from the rules in this chapter.

(15) “Facility” means location of licensed activities under the direct control of licensee management. If a “facility,” as used in this division, includes multiple separate addresses, the Authority may determine how the scope of licensed activities, pursuant to OAR 333-102-0190, 333-102-0300, 333-102-0305, 333-102-0315, 333-102-0320, or 333-102-0325, is authorized.

(16) “Fixed Gauge” means a source-specific license for measuring, gauging, or controlling devices pursuant to OAR 333-103-0010(2)(h). The fixed gauge license also includes X-ray & Hybrid Gauges pursuant to division 115 of this chapter, that contain either an X-ray source or a radioactive sealed source.

(17) “General License” means a granted license, as opposed to an issued license, effective under these rules, to acquire, own, possess, use, or transfer radioactive material or a device that contains radioactive material.

(18) “General License Depleted Uranium” means the general license granted subject to receipt of the registration application pursuant to OAR 333-101-0007, and fee, pursuant to 333-103-0015, for depleted uranium used for shielding or counter weights and issued pursuant to 333-102-0103.

(19) “General License Device” means the general license for in vitro materials granted subject to receipt of the registration application pursuant to OAR 333-101-0007, and fee, pursuant to 333-103-0015, for measuring, gauging.

(20) “General License In Vitro Laboratory” means the general license granted by OAR 333-102-0130, subject to receipt of the registration application pursuant to 333-101-0007, and fee, pursuant to 333-103-0015, for in vitro materials granted a general license by 333-102-0130.

(21) “General License Source Material” means the general license granted for use and possession of source material pursuant to OAR 333-102-0101.

(22) “General License for Certain Devices and Equipment” means the general license granted for use and possession of devices consisting of not more than 500 microcuries of polonium-210 or not more than 50 millicuries of tritium (H-3) per device, pursuant to 10 CFR 31.3.

(23) “General License for Luminous Devices for Aircraft” means the general license granted for use and possession of devices containing not more than ten curies of tritium or not more than 300 millicuries of promethium-147.

(24) “General License for Ownership of Radioactive Material and Limits of Possession” means the general license granted to own material that is not necessarily possessed; conversely, material that is possessed is, by grant of general license, not necessarily owned, pursuant to the general license in OAR 333-102-0120.

(25) “General License for Calibration and Reference Sources” means the general license granted to possess not more than five microcuries (185 kBq) of americium-241, plutonium-238, plutonium-239, or radium-226, pursuant to the general license in OAR 333-102-0125.

(26) “General License for Ice Detection Devices” means the general license granted to possess not more than 50 microcuries (1.85 MBq) of strontium-90, pursuant to the general license in OAR 333-102-0135.

(27) “Generators and Kits” means “Imaging and Localization.”

(28) “Healing Arts Specific License” means a specific license authorizing activities in division 116 of this chapter.

(29) “High Doserate Remote Afterloader” means a source-specific license issued pursuant to OAR 333-103-0010(2)(i) authorizing the use of sources in accordance with 333-116-0475, which may be either mobile or stationary, and which deliver a doserate in excess of two Gray (200 rad) per hour at the point or surface where the dose is prescribed. A device may be designated as being high, medium, or pulsed dose remote afterloader or mobile high, medium, or pulsed doserate remote afterloader.

(30) “Hybrid Gauge” means a fixed gauging device that contains both a sealed source and an X-ray source, pursuant to division 115 of this chapter.

(31) “In Vitro Laboratory” means a Healing Arts facility-specific license, under management of a physician or Healing Arts specialist, issued pursuant to OAR 333-103-0010(2)(k) authorizing the use of prepackaged radioactive materials in quantities greater than those authorized by the General License granted by 333-102-0130(2).

(32) Imaging and Localization means a Healing Arts facility-specific license issued pursuant to OAR 333-103-0010(2)(j) authorizing the use of generators and kits for nuclear medicine imaging and localization in accordance with 333-116-0320 or positron emission tomography studies in accordance with 333-116-0800 through 333-116-0880.

(33) “Industrial Radiography” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(l) authorizing activities in division 105 of this chapter.

(34) “Instrument Calibration” means a source-specific radioactive materials license issued pursuant to OAR 333-103-0010(2)(m) for sources of radiation used to calibrate instruments.

(35) “Investigational New Drug” means a Healing Arts facility-specific license issued pursuant to OAR 333-103-0010(2)(n) authorizing the use of any investigational product or device approved by the US Food and Drug Administration (FDA) for human use research, diagnosis, or therapy, in accordance with the rules in this chapter.

(36) “Irradiator-Other” means an irradiator with greater than 10,000 curies (370 TBq) licensed pursuant to OAR 333-103-0010(2)(w) and 333-103-0010(7), designed to produce extremely high dose rates as authorized by division 121 of this chapter.

(37) “Irradiator Self-shielded or Other -- Less than 10,000 Curies” means a source-specific license issued pursuant to OAR 333-103-0010(2)(o) authorizing self-shielded irradiators, including blood irradiators, panoramic irradiators, and converted teletherapy units, with less than 10,000 Ci (370 TBq) activity.

(38) “Liabilities” means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.

(39) “Lot Tolerance Percent Defective” means, expressed in percent defective, the poorest quality in an individual inspection lot that should be accepted.

(40) “Low Doserate Remote Afterloader Device” means a Healing Arts source-specific license issued pursuant to OAR 333-103-0010(2)(b) authorizing devices 333-116-0475, which remotely deliver a doserate of less than two Gray (200 rad) per hour at the point or surface where the dose is prescribed.

(41) “Manufacturing or Compounding” means a facility-specific radioactive materials license issued pursuant to OAR 333-103-0010(2)(p) authorizing manufacture, fabrication, assembly, construction, combining, processing, concentrating, beneficiating, or processing items or products using or containing radioactive materials into a finished product containing radioactive material in accordance with applicable requirements in division 102 of this chapter.

(42) “Manufacturing or Compounding and Distribution” means activities performed as defined in sections (13) and (41) of this rule and require separate specific licenses for each activity.

(43) “Mobile Nuclear Medicine Service” means a facility-specific Healing Arts license issued pursuant to OAR 333-116-0120 authorizing the medical use of radioactive material at specified temporary locations.

(44) “Nationally Tracked Source” means a sealed source containing a quantity equal to or greater than Category 1 or 2 levels of any radioactive material listed in 10 CFR 20 Appendix E.

(45) “Naturally occurring radioactive material (NORM)” means radioactive material in the uranium or thorium decay series existing in nature in concentrations less than 0.05% source material.

(46) “Net working capital means current assets minus current liabilities.

(47) “Net worth” means total assets minus total liabilities and is equivalent to owner’s equity.

(48) “Neutron Howitzer” means a device that contains a sealed source containing Special Nuclear Material (see definition in OAR 333-100-0005) that generates neutrons that are used for analytical, teaching, or research purposes.

(49) “Neutron Production” denotes a process in which neutrons are produced, either by natural or artificial means.

(50) “NORM (no processing)” means a facility-specific license pursuant to OAR 333-103-0010(2)(n) authorizing possession, use, and transfer of NORM in accordance with division 117 of this chapter.

NOTE: NORM licenses authorize licensable quantities of radioactive material in the uranium or thorium decay series. Licensable quantities of NORM are derived from disposal limits in OAR 345-050. Any material that contains NORM requires a specific license unless exempted in OAR 345-050. Zircon sand is used as the NORM model for licensing purposes. Quantities of zircon sand in excess of 20,000 pounds in a year constitute a licensable quantity of NORM. NORM materials that are not zircon are based on the zircon model.

(51) “Nuclear Laundry” means a laundry facility designed specifically to clean or launder clothing contaminated with licensed radioactive materials. Nuclear Laundry facilities must have process and waste management control procedures to prevent reconcentrating of licensed materials in sewers, drains, premises, and the environment. Nuclear Laundry activities are authorized pursuant to OAR 333-103-0010(2)(w), “Radioactive Material Not Otherwise Specified Facility,” see 333-102-0203(61).

(52) “Nuclear Pharmacy” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(s) for activities authorized by 333-102-0285 and the Oregon Board of Pharmacy rules, to compound Radiopharmaceutical and distribute (sell or transfer) to persons specifically licensed to receive such compounds or products.

NOTE: Nuclear Pharmacies, pursuant to policy provisions of chapter 345 division 50 may collect syringes containing residual licensed material from spent patient doses, since the syringe is considered to be a transport device under the administrative control of the pharmacy rather than the licensed material transferred as the dose. Residual licensed material may be considered either to be exempt pursuant to Table 1 of division 50 or under the authority of a division license if the receding licensee stores syringes for decay. In either case, the division license should specify which disposal method is being used by the pharmacy and licensee to avoid compatibility conflicts with division 50 requirements.

(53) “Other Measuring Device” means a source-specific license issued pursuant to OAR 333-103-0010(2)(t), authorizing analytical instruments, gas chromatograph electron capture detectors, and other non-portable analytical instruments, including those devices that contain multiple sources but are configured and used as a “system,” in accordance with the definition in this rule.

NOTE: General license gas chromatograph detectors that formerly were granted a general license by OAR 333-102-0115, but which required a registration fee pursuant 333-103-0015(2)(b), now are subject to the specific license in 333-103-0010(2)(t).

(54) “Pool-type Irradiator” means an irradiator with greater than 10,000 curies (370 TBq) in which water provides the radiation shielding, authorized in accordance with division 121 of this chapter.

(55) “Portable Gauge” means a source-specific license issued pursuant to OAR 333-103-0010(2)(u) for sources used in devices that can be transported and used at temporary job sites.

NOTE: Any device that meets the definition of “portable gauge” and is transported or used at temporary job sites within the state of Oregon, requires an application for and issuance of an Oregon specific license subject to OAR 333-103-0010(2)(u).

(56) “Positron Emission Tomography” (PET) means a licensed healing arts activity authorized by OAR 333-116-0800 and included in the facility specific license issued pursuant to 333-103-0010(2)(j). PET nuclides, which are NARM, are subject to all Oregon rules.

(57) “Possession or Storage of Industrial Wastes Containing Radioactive Material” means activities subject to division 110 of this chapter for the production or storage of wastes that are exempt from division 50 of chapter 345 facility siting requirements, and were generated under a current NRC, Agreement State, or Licensing State specific radioactive materials license.

(58) “Possession or Storage of Uranium Tailings” means activities incident to uranium processing or milling operations resulting in the production of tailings.

(59) “Principal Activities” means activities authorized by the license that are essential to achieving the purpose(s) for which the license was issued or amended. Storage during which no licensed material is accessed for use or disposal and activities incidental to decontamination or decommissioning are not principal activities.

(60) “Processing” means chemically or physically changing a licensed material from one physical form to another form or specie (e.g., breaking an ore down into its components resulting in “tailings”; milling a raw licensed material and combining to form another product or material. See “Beneficiating”; “Manufacturing or Compounding”).

(61) “Radiation Source” means source of radiation (see definition of “Source of radiation” in OAR 333-100-0005).

(62) “Radioactive Material Not Otherwise Specified Facility” means a license issued pursuant to OAR 333-103-0010(2)(w) authorizing activities that includes, but are not limited to, complex licensable activities such as facility decontamination and decommissioning, nuclear laundry activities, uranium mill tailings storage, storage of industrial wastes containing radioactive materials, large irradiator management, and other complex activities not otherwise specified in these rules.

(63) “Radioactive Materials License” means the document, pursuant to OAR 333-102-0300, issued after an application, pursuant to OAR 333-102-0190, has been accepted as adequate, that specifies radioactive materials, use authorizations, safety procedures, and use locations.

(64) “Radiopharmaceutical Therapy” means a Healing Arts facility-specific license issued pursuant to OAR 333-103-0010(2)(v) authorizing the use of Radiopharmaceutical for therapy in accordance with 333-116-0360.

(65) “Remote Afterloader” means a medical device that moves a sealed source to an interstitial (in vivo) location without exposing the practitioner to the radiation dose. Remote afterloader sources may be manipulated using computer software and engineering techniques.

(66) “Research & Development” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(x) authorizing research and development activities, as defined in 333-100-0005, but does not authorize additional specific sources of radiation, which must be licensed separately pursuant to 333-103-0010 and 333-103-0015.

(67) “Responsible Representative” means

(a) The person designated as having responsibility for general license device or general license material;

(b) The person management has selected to certify general license inventory; and

(c) The individual responsible to the Authority and to management to ensure that all regulatory elements are adequate.

(68) “Sealed Source/Device Evaluation” means the review of a licensee’s prototype source or device prior to registration by the Nuclear Regulatory Commission in the Sealed Source and Device Catalog.

NOTE: The Authority no longer has authority to review sources or devices. All source or device reviews must be forwarded to the NRC for review. Authority to conduct device or source evaluations was rescinded by the NRC in 1998.

(69) “Site Area Emergency” means events may occur, are in progress, or have occurred that could lead to a significant release of radioactive material and that could require a response by offsite response organizations to protect persons offsite.

(70) “Sealed Sources for Diagnosis” means a Healing Arts source-specific license issued pursuant to OAR 333-103-0010(2)(y) authorizing the use of sealed sources for diagnosis in accordance with 333-116-0400.

(71) “Special Nuclear Material” means:

(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the NRC, pursuant to the provisions of section 51 of the act, determines to be special nuclear material, but does not include source material; or

(b) Any material artificially enriched by any of the foregoing but does not include source material.

(72) “Specific License Radioactive Material” means radioactive material that requires authorization in a specific license document pursuant to OAR 333-102-0075(2) where materials must be annotated on the specific license, and validated with a specific license fee pursuant to 333-103-0010(2)(a) through 333-103-0010(2)(hh) (see “Radioactive Materials License”).

(73) “System,” as used in this division, means multiple separate (individual) sources of radiation (sealed radioactive sources), which together, rather than independently, achieve a desired functionality. Such “system” is subject to one specific license fee or general license registration fee, as the case may be.

(74) “Tangible Net Worth” means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.

(75) “Teletherapy” means a Healing Arts source-specific license issued pursuant to OAR 333-103-0010(2)(cc) authorizing teletherapy procedures in accordance with OAR 333-116-0480. This license also includes other high dose rate external beam therapy devices such as the “gamma knife.”

(76) “Temporary Job Site” means any location, where specific license material is used that is either:

(a) Not the specific location of the licensee if an in-state licensee; or

(b) Any location in the State if an out-of-state specific licensee pursuant to a specific radioactive materials license.

NOTE: Persons authorized for temporary jobsites in Oregon must have a specific license for such activities.

(77) “Therapy” means a process that is meant to be restorative, promotes healing, or is beneficial to a patient in a healing arts context.

(78) “Unique” means a specific license issued pursuant to OAR 333-103-0010(2)(dd) to Agencies in the Oregon Health Authority.

(79) “Uptake and Dilution” means a Healing Arts facility-specific license issued pursuant to OAR 333-103-0010(2)(ee) authorizing activities in OAR 333-116-0300 for uptake, dilution, and excretion studies.

(80) “Use and Possession of Source Material “ means a facility-specific radioactive materials license issued pursuant to OAR 333-103-0010(2)(z) to possess, use, process, or transfer source material, as defined in OAR 333-100-0005, in quantities greater than general license quantities or in concentrations greater than 0.05 percent source material.

NOTE: This definition was amended to avoid confusion between the definition of “source material” in division 100 of this chapter and the specific license (billable object) in division 103 of this chapter.

(81) “Use of Xenon Gas” means a Healing Arts facility-specific license issued pursuant to OAR 333-103-0010(2)(ff) authorizing the use of Xe-133 for diagnosis pursuant to OAR 333-116-0280;

(82) “Waste Packaging” means a facility-specific license issued pursuant to OAR 333-103-0010(2)(gg), authorizing packaging, collection, storage, and transfer of radioactive waste. This specific license does not authorize storage of radioactive wastes, but does authorize temporary job sites.

(83) “Well Logging” means a license issued pursuant to OAR 333-103-0010(2)(hh) authorizing the possession, use, transfer, or disposal of sources of radiation used for well logging activities authorized by division 113 of this chapter.

NOTE: Unless specifically authorized in this rule or in a radioactive materials license that authorizes temporary job sites, specific licenses must be used only at one authorized site.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 453.635, 453.665

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 1-1995, f. & cert. ef. 4-26-95; HD 2-1995(Temp), f. & cert. ef. 7-11-95; HD 4-1995, f. & cert. ef. 9-8-95; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 12-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-106-0101

Diagnostic X-ray Systems

Additional Requirements. In addition to other requirements of this division, all diagnostic X-ray systems shall meet the following requirements:

(1) Warning Label. The control panel containing the main power switch shall bear the warning statement, legible and accessible to view: “WARNING: This X-ray unit may be dangerous to patient and operator unless safe exposure factors and operating instructions are observed.”

(2) The state will attach an identification number to each X-ray control panel or an appropriate location:

(a) Identification numbers shall not be removed without written permission of the Authority;

(b) Identification numbers shall not be defaced.

(3) Mobile and portable X-ray systems shall meet the requirements of a stationary system when used for greater than seven consecutive days in the same location.

(4) Battery Charge Indicator. On battery-powered X-ray generators, visual means shall be provided on the control panel to indicate whether the battery is in a state of charge adequate for proper operation.

(5) Leakage Radiation from the Diagnostic Source Assembly. The leakage radiation from the diagnostic source assembly measured at a distance of one meter in any direction from the source shall not exceed 100 mR (25.8 C/kg) in one hour when the X-ray tube is operated at its leakage technique factors. Compliance shall be determined by measurements averaged over an area of 100 square cm with no linear dimension greater than 20 cm.

(6) Radiation from Components Other Than the Diagnostic Source Assembly. The radiation emitted by a component other than the diagnostic source assembly shall not exceed 2 mR (0.516 C/kg) in one hour at 5 cm from any accessible surface of the component when it is operated in an assembled X-ray system under any conditions for which it was designed. Compliance shall be determined by measurements averaged over an area of 100 square cm with no linear dimension greater than 20 cm.

(7) Beam Quality:

(a) Half-Value Layer (HVL):

The HVL of the useful beam for a given X-ray tube potential shall not be less than the values shown in Table 4. If it is necessary to determine such HVL at an X-ray tube potential which is not listed in Table 4, linear interpolation or extrapolation may be made; The referenced table is available on the Program’s website: http://www.oregon.gov/DHS/ph/rps/index.shtml

(A) The HVL required in subsection (7)(a) of this rule will be considered to have been met if it can be demonstrated that the aluminum equivalent of the total filtration in the primary beam is not less than that shown in Table 5. The referenced table is available on the Program’s website: http://www.oregon.gov/DHS/ph/rps/index.shtml

(B) In addition to the requirements of section (5) of this rule, all intraoral dental radiographic systems manufactured on and after December 1, 1980, shall have a minimum HVL not less than 1.5 mm aluminum (Al) equivalent filtration permanently installed in the useful beam;

(C) Beryllium window tubes shall have a minimum of 0.5 mm Al equivalent filtration permanently installed in the useful beam;

(D) For capacitor energy storage equipment, compliance with the requirements of section (5) of this rule shall be determined with the maximum quantity of charge per exposure;

(E) The required minimal aluminum equivalent filtration shall include the filtration contributed by all materials, which are always, present between the source and the patient.

(b) Filtration Controls. For X-ray systems which have variable kVp and variable filtration for the useful beam, a device shall link the kVp selector with the filter(s) and shall prevent an exposure unless the minimum amount of filtration required by subsection (5)(a) of this rule is in the useful beam for the given kVp, which has been selected.

(8) Multiple Tubes. Where two or more radiographic tubes are controlled by one exposure switch, the tube or tubes, which have been selected, shall be clearly indicated prior to initiation of the exposure. This indication shall be both on the X-ray control panel and at or near the tube housing assembly, which has been selected.

(9) Mechanical Support of Tube Head. The tube housing assembly supports shall be adjusted such that the tube housing assembly will remain stable during an exposure unless the tube housing movement is a designed function of the X-ray system.

(10) Technique Indicators:

(a) The technique factors to be used during an exposure shall be indicated before the exposure begins. If automatic exposure controls are used, the technique factors, which are set prior to the exposure, shall be indicated;

(b) The requirement of subsection (10)(a) of this rule may be met by permanent marking on equipment having fixed technique factors.

(11) There shall be provided for each X-ray machine a means for determining the proper SID.

(12) X-ray film developing requirements. Compliance with this section is required of all healing arts registrants and is designed to ensure that patient and operator exposure is minimized and to produce optimum image quality and diagnostic information:

(a) Manual processing of films.

(A) The relationship between temperature of the developer and development time indicated in Table 6 or the manufacturer’s recommendations must be used with standard developing chemistry. The referenced table is available on the Program’s website: http://www.oregon.gov/DHS/ph/rps/index.shtml

(B) Processing of film. All films shall be processed in such a fashion as to achieve adequate sensitometric performance. This criterion shall be adjudged to have been met if:

(i) Film manufacturer’s published recommendations for time and temperature are followed; or

(ii) Each film is developed in accordance with the time-temperature chart (see subsection (12)(a) of this rule).

(C) Chemical-film processing control.

(i) Chemicals shall be mixed in accordance with the chemical manufacturer’s recommendations;

(ii) Developer replenisher shall be periodically added to the developer tank based on the recommendations of the chemical or film manufacturer. Solution may be removed from the tank to permit the addition of an adequate volume of replenisher.

(D) All processing chemicals shall be completely replaced at least every two months or as indicated by the manufacturer.

(E) Devices shall be available which will:

(i) Give the actual temperature of the developer; and

(ii) Give an audible or visible signal indicating the termination of a preset development time (in minutes or seconds).

(b) Automatic film processing. Films shall be processed in such a manner that the degree of film development is the same as would be achieved by proper adherence to subsection (a) of this rule (manual processing).

(c) Darkrooms. Darkrooms shall be constructed so that film being processed, handled, or stored will be exposed only to light which has passed through an appropriate safelight filter.

(d) Safelights shall be mounted in accordance with manufacturer’s recommendations.

(e) Light bulbs used in safelights shall be the type and wattage recommended by the manufacturer.

(f) Safelight lenses shall be the type recommended for use by the film manufacturer.

(g) Rapid film processing. Special chemicals have been designed for use in Endodontics. These chemicals have special development requirements and do not permit as large of a margin of error in darkroom technique as do standard developing chemicals. Failure to precisely follow manufacturer’s recommendations can easily lead to overexposure and underdevelopment. Darkroom procedures shall include:

(A) The manufacturer’s time temperature development is crucial and shall be followed exactly;

(B) Caution: A timer capable of accurately measuring the short development times required shall be used;

(C) If rapid chemical processing is used for general radiography all applicable requirements of section (12) of this rule shall be followed.

(h) The Authority shall make such tests as may be necessary to determine compliance with this section.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 453.605 - 453.807

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; HD 1-1995, f. & cert. ef. 4-26-95; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 5-2005, f. & cert. ef. 4-11-05; PH 12-2006, f. & cert. ef. 6-16-06; PH 14-2008, f. & cert. ef. 9-15-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-175-0021

Definitions

(1) “Approved” means approved by the Oregon Health Authority.

(2) “Assessment” means to determine whether the food worker understood the concepts represented by the learning objectives. The assessment used by the program providers must be provided or approved by the Authority.

(3) “Authority” means the Oregon Health Authority, Foodborne Illness Prevention Program.

(4) “Certificate of Program Completion” confirms that a person has successfully completed the food handler training program.

(5) “Certified Food Manager” means that a manager has successfully completed an Authority-approved food manager program.

(6) “Computer-Based Training” means self-training through the use of a computer program or the Internet.

(7) “Designated Agent” means an individual or organization who/that has been authorized by the Oregon Health Authority or Local Public Health Authority to provide a food handler training program and issue certificates of program completion.

(8) “Food Handler” means those persons involved in the supervision or preparation or service of food in a restaurant or food service facility licensed under ORS 624.020 or 624.320. This includes, but is not limited to, managers, cooks, wait staff, dishwashers, bartenders and bus persons.

(9) “Local Public Health Authority” means those counties to which the Oregon Health Authority has entered into an Intergovernmental Agreement under ORS 624.510.

(10) “Program” means an Authority-approved food handler training program.

(11) “Program Provider” means the Oregon Health Authority, Local Public Health Authority or a Designated Agent.

(12) “Self-Training” means a training process wherein the individual learns without the presence or intervention of a trainer or instructor.

(13) “Trainer” means the person actively delivering food handler training to learners.

Stat. Auth.: ORS 624.570

Stats. Implemented: ORS 624.570

Hist.: PH 21-2004, f. & cert. ef. 6-18-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11

PH 11-2011, f. & cert. ef. 10-27-11

333-536-0005

Definitions

As used in 333-536-0000 through 333-536-0095, the following definitions apply:

(1) Abuse.

(A) As it applies to an adult, includes but is not limited to:

(i) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

(ii) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.

(iii) Abandonment, including desertion or willful forsaking of a person or the withdrawal or neglect of duties and obligations owed a person.

(iv) Willful infliction of physical pain or injury.

(v) Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to a person.

(vi) Wrongfully taking or appropriating money or property, of knowingly subjecting a person to harm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the person to believe that the threat will be carried out.

(vii) Sexual contact with a non-consenting person or with a person considered incapable of consenting to a sexual act as described in ORS 163.315. As used in this paragraph, “sexual contact” has the meaning given that term in ORS 163.305.

(B) As is applies to a child, has the same meaning as “abuse” as that term is defined in ORS 419B.005.

(2) “Activities of Daily Living” means self-care activities that must be accomplished by an individual to meet his or her daily needs.

(3) “Agency” means In-Home Care Agency.

(4) “Authentication” means verification by the author that an entry in the client record is genuine.

(5) “Authority” means the Oregon Health Authority.

(6) “Branch office” means a location or site from which an in-home care agency provides services within a portion of the total geographic area served by the parent agency. The site of the branch office generally does not exceed one hour of travel time from the parent agency. The branch office is part of the in-home care agency and is located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch to independently meet the requirements of an in-home care agency.

(7) “Caregiver” means a person providing assistance with activities of daily living or assistance with personal care tasks, household and supportive services, or medication services as authorized by these rules.

(8) “Client Representative” means:

(a) A parent, stepparent, foster parent, or other adult with primary caregiving responsibility for the client when the client is a child; or

(b) An individual, paid or unpaid, related or unrelated, who acts on behalf of, or cares for the client when the client is an adult.

(9) “Governing Body” means the owner or designee legally responsible for the direction and control of the operation of the in-home care agency.

(10) “Home health agency” means a public or private agency that provides coordinated home health services on a home visiting basis. Home health agencies provide skilled nursing services and at least one of the following therapeutic services:

(a) Physical therapy;

(b) Occupational therapy;

(c) Speech therapy;

(d) Home health aide services.

(11) “In-home care agency” means an agency primarily engaged in providing in-home care services for compensation to an individual in that individual’s place of residence. “In-home care agency” does not include a home health agency or portion of an agency providing home health services as defined in ORS 443.005.

(12) “In-home care services” means personal care services furnished by an in-home care agency, or an individual under an arrangement or contract with an in-home care agency, that are necessary to assist an individual in meeting the individual’s daily needs, but do not include curative or rehabilitative services.

(13) “Licensed” means that the person or agency for which the term applies is currently licensed, certified, or registered by the proper authority within the State of Oregon.

(14) “Medication assistance” means self-administration of non-injectable medication which the client is not physically able to administer to him or herself, but fully self directs its administration.

(15) “Medication administration” means agency staff administering medications to a client or directly supervising the client who is not able or not willing to self-direct, but may be physically able to perform the tasks.

(16) “Medication set up” means taking the client’s medications from original containers and putting the medications into closed secondary containers designed and manufactured for this purpose.

(17) “Parent agency” means the in-home care agency that develops and maintains administrative controls of subunits or branch offices.

(18) “Personal care services” means the provision of or assistance with tasks intended to supplement a client’s own personal abilities which are necessary to accomplish the client’s activities of daily living and other activities as described in OAR 333-536-0045(1), and are preventive and maintaining in nature.

(19) “Registered Nurse” (RN) means a person licensed under ORS Chapter 678.

(20) “Schedule caregivers” means to plan appointments for caregivers to deliver specific in-home care services to clients; the times and dates of these appointments are set by the in-home care agency.

(21) “Skilled nursing services” means the patient care services pertaining to the curative, rehabilitative, and/or preventive aspects of nursing performed by, or under the supervision of, registered nurse pursuant to the plan of treatment established by a physician or nurse practitioner.

(22) “Stable and predictable condition” means a situation where the client’s clinical and behavioral state is known, not characterized by rapid changes, and does not require continuous reassessment and evaluation.

(23) “Subunit” means an in-home care agency that provides for a parent agency in a geographic area different from that of the parent agency and generally exceeding one hour of travel time from the location of the parent agency.

(24) “Written “pro re nata (prn) parameters” means directions that are so specific that the unlicensed caregivers uses no discretion when administering prn (as needed) medications or treatments.

Stat. Auth.: ORS 443.340

Stats. Implemented: ORS 443.305 - 443.350

Hist.: OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03; PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04; PH 22-2004, f. & cert. ef. 6-25-04; PH 14-2007, f. 12-19-07, cert. ef. 1-1-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

333-700-0005

Definitions

As used in OAR chapter 333, division 700, unless the context requires otherwise, the following definitions apply:

(1) “Health care facility” (HCF) has the meaning given the term in Oregon Revised Statute (ORS) 442.015, and includes but is not limited to the classifications defined in subsections (a) through (e) of this section. The phrases “subject health care facility(ies)” and “subject HCF(s)” refer to those classifications subject to Oregon Health Authority or Department of Human Services licensure; i.e., hospitals, special inpatient care facilities, long-term care facilities, ambulatory surgical centers, outpatient renal dialysis facilities, and freestanding birthing centers.

(a) “Hospital” means an establishment with an organized medical staff, with permanent facilities that include inpatient beds, and with medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for, but not limited to, acutely ill patients and accident victims, or to provide treatment for the mentally ill or to provide treatment in special inpatient care facilities. “Special inpatient care facilities” are facilities with permanent inpatient beds and other facilities designed and utilized for special health care purposes, to include but not be limited to: Rehabilitation center, college infirmary, chiropractic facility, facility for the treatment of alcoholism or drug abuse, freestanding hospice facility, infirmary for the homeless, or inpatient care facility meeting the requirements of ORS 441.065, and any other establishment falling within a classification established by the Authority, after determination of the need for such classification and the level and kind of health care appropriate for such classification.

(b) “Long-term care facility” includes the terms “skilled nursing facility” and “intermediate care facility,” but such definition shall not be construed to include facilities licensed and operated pursuant to ORS 443.400 to 443.455.

(c) “Ambulatory surgical center” (ASC) means a health care facility which performs outpatient surgery not routinely or customarily performed in a physician’s or dentist’s office, and is able to meet health facility licensure requirements.

(d) A freestanding birthing center means a health care facility licensed for the primary purpose of performing low risk deliveries.

(e) An outpatient renal dialysis facility means a facility licensed to provide ESRD services on an outpatient basis.

(2) “Administrator” means a person designated by the governing body to have overall management of the facility. The administrator enforces the rules and regulations relative to the health care and safety of patients. The administrator plans, organizes, and directs those responsibilities delegated to the administrator by the governing body.

(3) As used in 333-700-0085 and 333-700-0090, the term “assessment” means an assessment done by a registered nurse, social worker, or dietitian that is appropriate for the scope of practice for that discipline. This includes:

(a) Systematic and ongoing collection of information to determine an individual’s health status and need for intervention;

(b) Comparison with past information; and

(c) Judgment, evaluation, or conclusion that occurs as a result of parts (a) and (b) of this definition.

(4) “Agreement”, as used in these rules, means a written document executed between a dialysis facility and another facility in which the other facility agrees to assume responsibility for furnishing specified services to patients and for obtaining reimbursement for those services.

(5) “Arrangement”, as used in these rules, means a written document executed between a dialysis facility and another facility in which the other facility agrees to furnish specified services to patients but the dialysis facility retains responsibility for those services and for obtaining reimbursement for them.

(6) “Authentication” means verification that an entry in the patient medical record is genuine.

(7) “Authority” means the Oregon Health Authority.

(8) “CMS” means the Center for Medicare and Medicaid Services.

(9) “Dialysis” means a process by which dissolved substances are removed from a patient’s body by diffusion from one fluid compartment to another across a semi- permeable membrane. The two types of dialysis that are currently in common use are hemodialysis and peritoneal dialysis.

(10) “Discharge”, as used in these rules, means the process whereby a patient who was receiving services in a facility is either sent home, transferred to another facility or has died.

(11) “End-Stage Renal Disease (ESRD)” means that stage of renal impairment that appears irreversible and permanent, and requires a regular course of dialysis or kidney transplantation to maintain life.

(12) “ESRD service” means the type of care or services furnished to a dialysis patient.

(13) “Facility”, as used in these rules, means an outpatient renal dialysis facility.

(14) “Furnishes directly” means the facility provides the service through its own staff and employees, or through individuals who are under direct contract to furnish such services personally for the facility (i.e., not through Aagreements” or “arrangements”).

(15) “Furnishes on the premises” means the facility furnishes services on its main premises; or on its other premises that are contiguous with or in immediate proximity to the main premises, and under the direction of the same professional staff and governing body as the main premises.

(16) “Governing body means the body or person legally responsible for the direction and control of the operation of the facility.

(17) “Governmental unit” means the state, or any county, municipality, or other political subdivision, or any related department, division, board or other agency.

(18) “Health Care Facility Licensing Law” means ORS 441.005 to 441.990 and rules there under.

(19) “Histocompatibility testing means laboratory test procedures which determine compatibility between a potential organ donor and a potential organ transplant recipient.

(20) “Licensed” means that the person or facility to whom the term is applied is currently licensed, certified or registered by the proper authority to follow his or her profession or vocation within the State of Oregon, and when applied to a subject health care facility means that the facility is currently and has been duly and regularly licensed by the Authority.

(21) “Licensed nurse” means a Registered Nurse (RN) or a Licensed Practical Nurse (LPN).

(22) “Licensed Practical Nurse” (LPN) means a person licensed under ORS Chapter 678 to practice practical nursing.

(23) “Major alteration” means changes other than repair or replacement of building materials and equipment with materials and equipment of a similar type.

(24) “Network” means Northwest Renal Network (Network 16). The Network is a Quality Improvement Organization under contract to the federal Centers for Medicare and Medicaid Services.

(25) “New Construction” means a new building or an addition to an existing building.

(26) “NFPA” means National Fire Protection Association.

(27) “Nurse Practitioner” means a registered nurse who has been certified by the Oregon State Board of Nursing (OSBN) as qualified to practice in an expanded specialty role within the practice of nursing.

(28) “Outpatient dialysis” means dialysis furnished on an outpatient basis at an outpatient renal dialysis facility. Outpatient dialysis includes:

(a) Staff-assisted dialysis. Dialysis performed by the staff of the facility;

(b) Self-dialysis. Dialysis performed, with little or no professional assistance, by a dialysis patient who has completed an appropriate course of training;

(c) “Home dialysis” means dialysis performed by an appropriately trained patient or helper at home;

(d) “Self-dialysis and home dialysis training” means a program that trains dialysis patients to perform self-dialysis or home dialysis with little or no professional assistance, and trains other individuals to assist patients in performing self-dialysis or home dialysis.

(29) “Organ procurement”, as used in these rules, means the process of acquiring donor kidneys.

(30) “Oregon Sanitary Code” means the Food Sanitation Rules, OAR 333-150-0000 through 333-168-0020 except 333-157-0000 through 333-158-0030.

(31) “Patient audit” means review of the medical record and/or physical inspection and/or interview of a patient.

(32) “Patient care staff” as used in these rules means registered nurses, licensed practical nurses, hemodialysis technicians, social workers, and dieticians.

(33) “Person” means an individual, a trust or estate, a partnership or corporation (including associations, joint stock, companies and insurance companies, a state or a political subdivision or instrumentality including a municipal corporation).

(34) “Physician” means a person licensed under ORS Chapter 677 to practice medicine by the Board of Medical Examiners.

(35) “Physician’s Assistant” means a person who is registered as a physician’s assistant in accordance with ORS Chapter 677.

(36) “Qualified instructor” means a person who is qualified in the field of instruction by education and experience.

(37) “Qualified personnel” means personnel who meet the requirements specified in this paragraph.

(a) “Chief executive officer” means a person who:

(A) Holds at least a baccalaureate degree or its equivalent and has at least 1 year of experience in a dialysis facility; or

(B) Is a registered nurse or physician director as defined in this definition; or

(C) Has demonstrated capability by acting for at least 2 years as a chief executive officer in a dialysis facility or transplantation program.

(b) “Dietitian” means a person who is a licensed dietitian as specified in ORS 691.435.

(c) “Medical record practitioner” means a person who:

(A) Has graduated from a program for Medical Record Administrators accredited by the Council on Medical Education of the American Medical Association and the American Medical Record Association, and is eligible for certification as a Registered Record Administrator (RRA) by the American Medical Record Association; or

(B) Has graduated from a program for Medical Record Technicians approved jointly by the Council on Medical Education of the American Medical Association and the American Medical Record Association, and is eligible for certification as an Accredited Record Technician (ART) by the American Medical Record Association, or

(C) Has successfully completed and received a satisfactory grade in the American Medical Record Association’s Correspondence Course for Medical Record Personnel approved by the Accrediting Commission of the National Home Study Council, and is eligible for certification as an Accredited Record Technician by the American Medical Record Association.

(d) “Nurse responsible for nursing service” means a person who is licensed as a registered nurse by the State in which practicing, and

(A) Has at least 12 months of experience in clinical nursing, and an additional 6 months of experience in nursing care of the patient with permanent kidney failure or who is undergoing kidney transplantation including training in and experience with the dialysis process; or

(B) Has 18 months of experience in nursing care of the patient on maintenance dialysis, or in nursing care of the patient with a kidney transplant including training in and experience with the dialysis process.

(e) “Physician-director” or medical director means a physician who:

(A) Is board-eligible or board-certified in internal medicine or pediatrics by a professional board, and has had at least 12 months of experience or training in the care of patients at dialysis facilities; or

(B) As of the date of these rules served for at least 12 months as director of a dialysis or transplantation program.

(f) “Social worker” means a person who:

(A) Has completed a course of study with specialization in clinical practice at, and holds a masters degree from, a graduate school of social work accredited by the Council on Social Work Education; or

(B) Has served for at least 2 years as a social worker, 1 year of which was in a dialysis unit or transplantation program prior to September 1, 1976, and has established a consultative relationship with a social worker who qualifies under paragraph (f)(A) of this definition.

(g) “Transplantation surgeon” means a physician who:

(A) Is board-eligible or board-certified in general surgery or urology by a professional board; and

(B) Has at least 12 months training or experience in the performance of renal transplantation and the care of patients with renal transplants.

(38) “Records” are defined as case histories, clinical records, x-rays, treatment charts, progress reports and other similar written accounts of the patients of any provider.

(39) “Registered Nurse” (RN) means a person licensed under ORS Chapter 678 by the OSBN.

Stat. Auth.: ORS 441.020 & 442.015

Stats. Implemented: ORS 441.020 & 442.015

Hist.: PH 7-2003, f. & cert. ef. 6-6-03; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11

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​