DIVISION 20
LICENSURE
332-020-0000
License Issuance and Renewal; Reactivation
(1) LICENSING: Licensees are subject to the provisions of OAR 331-030-0010 regarding the issuance and renewal of a license, and to the provisions of 331-030-0000 and 331-030-0020 regarding authorization to practice, identification, and requirements for issuance of a duplicate authorization.
(2) RENEWAL: License renewal must be made in advance of the license expiration date by submitting the following:
(a) Renewal application form;
(b) Payment of required license renewal fee;
(c) Evidence of continuing education and peer review as required in subsection 3 of this rule, OAR 332-020-0010 and 332-025-0020(2);
(d) Evidence of current certification in cardiopulmonary resuscitation for adults and newborns, which includes newborn bag and mask ventilation; and
(e) Evidence of required education in approved legend drugs and devices as prescribed in OAR 332-015-0070 and subsection 3 of this rule.
(3) CONTINUING EDUCATION ATTESTATION: Applicants for license renewal must submit the completed renewal form, with their signature affixed as attestation to completion of required continuing education hours. Documentation of continuing education hours earned must be provided to the agency only when selected for audit. Refer to OAR 332-020-0015.
(4) Any license that is not renewed prior to the license expiration date will automatically revert to inactive status.
(5) REACTIVATION: Direct entry midwives may reactivate a license within three years from date of expiration by submitting the following:
(a) Re-activation application form;
(b) Payment of required application, reactivation and license fees pursuant to OAR 332-020-0020;
(c) Continuing education and peer review as required in OAR 332-020-0010 and 332-025-0020(2);
(d) Evidence of required education in approved legend drugs and devices as provided in OAR 332-015-0070;
(e) Evidence of current certification in cardiopulmonary resuscitation for adults and newborns, which includes newborn bag and mask ventilation;
(f) Failure to meet requirements set forth in subsections (c) through (e) within three years from the date of license expiration will require passage of a Board approved national examination within one year preceding the date of application for reactivation of license. Verification of successful passage of the examination must be sent directly to the agency from the originating authority.
(6) Direct entry midwives who have not reactivated their license within three years of the expiration date, and who have not engaged in active practice, may be granted a reactivated license after submission of the following:
(a) Re-activation application form;
(b) Payment of required application, reactivation and license fees pursuant to OAR 332-020-0020;
(c) Evidence of current certification in cardiopulmonary resuscitation for adults and newborns, which includes newborn bag and mask ventilation;
(d) Evidence of required education in approved legend drugs and devices, the basic course that is 40 hours if three years have passed, as provided in OAR 332-015-0070;
(e) Evidence of successful passage of a Board approved examination within one year preceding the date of application for reactivation of license. Verification of successful passage of the examination must be sent directly to the agency from the originating authority.
(7) An applicant who was previously licensed in Oregon and who has been engaged in the active practice of direct entry midwifery during the last three years preceding reapplication for Oregon licensure will not be required to pass the written examination for reactivation according to ORS 687.425, if the following documentation and fees are submitted:
(a) Re-activation application form and requirements listed in OAR 331-030-0000;
(b) Payment of required application, reactivation and license fees pursuant to OAR 332-020-0020;
(c) Verification of active practice of direct entry midwifery through submission of tax records, client letters, or participation in peer review. Documentation must substantiate practice with an average of five clients per year with a minimum of 15 clients in a three-year period;
(d) Evidence of continuing education and peer review as required in OAR 332-020-0010 and 332-025-0020(2);
(e) Evidence of current certification in cardiopulmonary resuscitation for adults and newborns, which includes newborn bag and mask ventilation;
(f) Evidence of required education in approved legend drugs and devices as provided in OAR 332-015-0070;
(g) Failure to meet requirements set forth in subsections (7)(c) through (f) of this rule will require passage of a Board approved national examination within one year preceding the date of application for reactivation of license. Verification of successful passage of the examination must be sent directly to the agency from the originating authority.
Stat. Auth.:
ORS 676.605, 676.615, 687.420, 687.425, 687.430, 687.485 & 687.493
Stats.
Implemented: ORS 676.605, 676.615, 687.420, 687.425, 687.430, 687.485 & 687.493
Hist.:
DEM 1-1993(Temp), f. & cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94;
DEM 1-2001(Temp), f. & cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02
cert. ef. 3-1-02; DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 1-2008, f. 9-15-08
cert. ef. 10-1-08
332-020-0010
Continuing Education
(1)(a) HOURLY REQUIREMENTS: To qualify for license renewal a direct entry midwife must complete approved continuing education every two years from the date of initial licensure or as specified for issuance, renewal and reactivation of the license. The number of required hours is as follows:
(b) Thirty (30) clock hours pertaining to scope of practice issues, standards of midwifery care, the law and rules regulating the practice of direct entry midwifery, science, health care professional concerns such as infection control or medical emergencies, ethics, and business practices. Infection control, as used in this rule section, includes but is not limited to appropriate protocols for labeling, handling and disposing of bio-hazard products, including sharps and medical waste; exposure to blood-borne pathogens and prevention of cross-contamination through appropriate sterilization, disinfection, hand-washing and gloving standards, and correct disposal of articles/items in contact with blood and/or bodily fluids.
(2)(a) HOURLY REQUIREMENTS: To qualify for license renewal a direct entry midwife must complete approved continuing education every four years from the date of initial licensure or as specified for issuance, renewal and reactivation of the endorsement for administration of legend drugs and devices. The number of required hours is as follows:
(b) Twelve and one half (12.5) clock hours pertaining to Board approved legend drugs and devices as referenced in OAR 332-025-0040, 332-025-0050, and 332-025-0060, which includes current information on approved drugs, administration procedures, treatment of shock including IV therapy, maternal and neonatal resuscitation and suturing. Education must consist of theory, hands on practice, and skills testing for competency assurance. The 12.5 clock hours of education applies after completion of the initial approved 40 course hours for license endorsement to administer legend drugs and devices.
(3) CONTINUING EDUCATION PROVIDERS/SPONSORS: Continuing education includes attendance or participation at an instructional program presented, recognized, or under the auspices of any Board approved permanently organized institution or professional organization or association:
(4) CONTINUING EDUCATION PATHWAYS:
(a) Attendance at lectures, post-secondary school or postgraduate courses, scientific sessions at conventions, courses offered by an approved association or licensed/accredited school, classes or courses offered through an institution such as the American Red Cross, hospitals, health care clinics, correspondence courses or internet courses.
(b) Continuing education relating to subject matter listed in subsection (1)(a) of this rule may be also be obtained through research or teaching (provided that no more than half the required hours be in teaching).
(c) Up to nine clock hours of continuing education relating to subject matter listed in subsection (1)(a) of this rule may be completed through self-study and documented on forms provided by the agency.
(5) DOCUMENTATION REQUIREMENTS: Submission to the agency of proof of participation in continuing education is the responsibility of the direct entry midwife. The following provisions specify requirements for documenting completion of continuing education:
(a) Documentation shall include the name of the sponsoring institution, association or organization, title of presentation, description of content, name of instructor or presenter, date, duration in hours, and license or statement of attendance or completion provided by the sponsor.
(b) Documentation verifying completion of all required continuing education shall be accumulated and held by the direct entry midwife for two years following any reporting period, or until notification of audit is received. Continuing education documentation must be available and provided to the agency upon request. Refer to OAR 332-020-0015.
(6) ADDITIONAL REQUIREMENTS AND PROVISIONS: In addition to other requirements specified in this rule section, the following provisions apply toward meeting continuing education requirements as a condition of license renewal and reactivation:
(a) A midwife who has attended fewer than five births in the previous year shall be required to take an additional 10 hours of continuing education specific to basic midwifery practice outlined in subsection (1)(a) of this rule.
(b) Failing to obtain the prescribed number of clock hours and/or complete appropriate continuing education content must reapply and meet requirements listed in OAR 332-015-0030.
(c) Hours of continuing education that are obtained in "excess" of the minimum requirements listed in subsection (1)(a) and (b) of this rule will not be carried forward as credit for the subsequent license renewal reporting cycle.
(d) Continuing education is required for renewal even if the direct entry midwife license has been inactive, revoked or suspended during that period.
(7) Notwithstanding subsection (1) of this rule, the agency may adjust the requirements for legend drugs and devices continuing education to coincide with the licensee's current continuing education two year reporting period.
Stat.
Auth.: ORS 676.615, 687.425 & 687.485
Stats.
Implemented: ORS 676.615, 687.425 & 687.485
Hist.:
DEM 1-1993(Temp), f. & cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94;
DEM 1-2001(Temp), f. & cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02
cert. ef. 3-1-02; DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 2-2008(Temp), f.
9-15-08 cert. ef. 10-1-08 thru 3-30-09; DEM 1-2009, f. 3-31-09, cert. ef. 4-1-09
332-020-0015
Continuing Education: Audit, Required Documentation and Sanctions
(1) The Health Licensing Office will audit a select percentage of licenses determined by the Board to verify compliance with continuing education requirements.
(2) Practitioners notified of selection for audit of continuing education attestation must submit to the agency, within 30 calendar days from the date of notification, satisfactory evidence of participation in required continuing education in accordance with OAR 332-020-0010.
(3) Documentation of a certificate of completion of attendance at a program or course provided by the sponsor must include:
(a) Name of sponsoring institution/association or organization;
(b) Title of presentation and description of content;
(c) Name of instructor or presenter;
(d) Date of attendance and duration in hours;
(e) Course agenda;
(f) Official transcript, diploma, certificate, statement or affidavit from the sponsor, attesting to attendance.
(4) If documentation of continuing education is invalid or incomplete, the licensee must correct the deficiency within 30 calendar days from the date of notice. Failure to correct the deficiency within the prescribed time shall constitute grounds for disciplinary action.
(5) Misrepresentation of continuing education, or failing to meet continuing education requirements or documentation may result in disciplinary action, which may include but is not limited to assessment of a civil penalty and suspension or revocation of the license.
Stat. Auth.: ORS 687.425, 687.485
Stats. Implemented: ORS 687.425, 687.485
Hist.: DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM 1-2004, f.
6-29-04, cert. ef. 7-1-04
332-020-0020
Fees
(1) Applicants and licensees are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding payment of fees, penalties and charges.
(2) Fees established by the Oregon Health Licensing Agency, in consultation with the Board, are as follows:
(a) Application:
(A) License: $500.
(B) License by reciprocity: $750.
(b) Examination -- Oregon laws & rules: $50.
(c) Original issuance of license (including by reciprocity): $1900.
(d) Renewal of license: $1900.
(e) Delinquent (late) renewal of license: $50.
(f) Reactivation (expired over one year but less than three years): $300.
(g) Reactivation (expired over three years): $500.
(h) Replacement of license, including name change: $25.
(i) Duplicate license document: $25 per copy with maximum of three.
(j) Affidavit of licensure: $50.
(k) An additional $25 administrative processing fee will be assessed if a NSF or non-negotiable instrument is received for payment of fees, penalties and charges. Refer to OAR 331-010-0010.
Stat. Auth.:
ORS 676.605, 676.615, 687.435 & 687.485
Stats.
Implemented: ORS 676.605, 676.615, 687.435 & 687.485
Hist.:
DEM 1-1993(Temp), f. & cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94;
DEM 1-1997(Temp), f. 7-22-97, cert. ef. 7-23-97; DEM 1-1999(Temp), f. 9-1-99, cert.
ef. 9-9-99 thru 2-29-00; DEM 2-1999, f. 12-17-99, cert. ef. 12-20-99; DEM 1-2004,
f. 6-29-04, cert. ef. 7-1-04; DEM 1-2008, f. 9-15-08 cert. ef. 10-1-08
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