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Oregon Bulletin

February 1, 2012

 

Oregon Health Authority,
Public Health Division
Chapter 333

Rule Caption: New definitions and new cancer reporting requirements.

Adm. Order No.: PH 13-2011

Filed with Sec. of State: 12-28-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Adopted: 333-010-0032

Rules Amended: 333-010-0000, 333-010-0010, 333-010-0020, 333-010-0030, 333-010-0035, 333-010-0040, 333-010-0050, 333-010-0055, 333-010-0060, 333-010-0070, 333-010-0080

Subject: The Oregon Health Authority, Public Health Division is permanently amending administrative rules in chapter 333, division 10 related to cancer reporting. The amendments will amend the cancer reporting regulations to reflect amendments to ORS 432.500–432.900, and amend the cancer reporting regulations to: (a) require submission of pathology reports by clinical laboratories for diagnoses of certain pre-cancerous conditions; (b) modify patient notification procedures; and (c) expand the provisions for special studies to include the potential procurement of pathological tissue samples in connection with public health investigations.

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

333-010-0000

Definitions

(1) “Active follow-up program” means a program for contacting a caregiver or cancer patient to determine, at least annually, information including but not limited to the vital status of each case.

(2) “Admitted” means a rendering of any service by the reporting facility to a patient under the authority or auspices of the facility’s license under ORS 441.015, including but not limited to routine admission to the hospital, admission to the emergency room, or receiving services in an out-patient clinic.

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

(4) “Cancer reporting facility” means a hospital or other health care facility in which cancer is diagnosed or treated and is also one of the following:

(a) A facility currently licensed as a hospital as defined under the provisions of ORS 442.015(13); or

(b) A facility currently licensed as an ambulatory surgical center as defined under ORS 442.015(3)(a).

(5) “Central cancer registry” means the Oregon Health Authority, Public Health Division program authorized to collect, receive, and maintain cancer data for the entire state and which maintains the system by which the collected information is reported to the Division.

(6) “Central Registry Cancer Notification Form” means the form required for health care providers to report a case of reportable cancer or reportable non-malignant condition.

(7) “Certified tumor registrar” means an individual who passes the certification examination and is currently certified by the Council on Certification of the National Cancer Registrars Association.

(8) “Clinical laboratory” means a facility where microbiological, serological, chemical, hematological, immunohematological, immunological, toxicological, cytogenetical, exfoliative cytological, histological, pathological or other examinations are performed on material derived from the human body, for the purpose of diagnosis, prevention of disease or treatment of patients by physicians, dentists and other persons who are authorized by license to diagnose or treat humans.

(9) “Date of diagnosis” means the date of initial diagnosis by a health care provider for the cancer being reported.

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

(11) “First course of treatment” means all methods of treatment recorded in the treatment plan and administered to a person with a case of reportable cancer or reportable non-malignant condition before disease progression or recurrence, as defined in the American College of Surgeons Commission on Cancer Facility Oncology Registry Data Standards Manual, 2011.

(12) “Health care provider” means any person whose professional license allows him/her to diagnose or treat cancer patients.

(13) “Health system cancer registry” means a cancer registry that includes all reportable cancer cases occurring in the population served by a health system, whether or not the cases are diagnosed or treated in the cancer reporting facility.

(14) “OSCaR” means the Oregon State Cancer Registry, Oregon’s central cancer registry.

(15) “Quality control system” means operational procedures by which the accuracy, completeness, and timeliness of the information reported to OSCaR can be determined and improved.

(16) “Reportable cancer” means all malignant neoplasms including carcinoma in situ, except basal and squamous cell carcinoma of the skin, carcinoma in situ of the cervix uteri, and CIN III (diagnosed on or after January 1, 1996), and PIN III (diagnosed on or after January 1, 2001).

(17) “Reportable Cancer Data Items List” means the list of variables for reportable cancers and reportable non-malignant conditions reported by cancer reporting facilities following the recommendations of the Centers for Disease Control and Prevention National Program of Cancer Registries (“CDC-NPCR”) and further defined by the North American Association of Central Cancer Registries (“NAACCR”) Data Standards and Data Dictionary, 2011.

(18) “Reportable non-malignant condition” means benign or borderline tumors of the brain (including the meninges and intracranial endocrine structures) and central nervous system, diagnosed on or after January 1, 2004.

(19) “Reportable pre-malignant condition” means all high-grade squamous intraepithelial lesion (CIN 2,3) and adenocarcinoma in situ (AIS) of the uterine cervix, high-grade squamous intraepithelial lesion of the vagina and vulva (VAIN 2,3/VIN 2,3), and high-grade squamous intraepithelial lesion (AIN 2,3) and carcinoma in situ of the anus.

(20) “Special study” means a Division-sponsored project that explores a particular facet of cancer incidence, morbidity, or mortality including, but not limited to, exploring hypotheses of disease risk, treatment options or cancer control authorized under ORS 432.520.

Stat. Auth.: ORS 432.500, 432.510, 432.540

Stats. Implemented: ORS 432.510, 432.520, 432.540

Hist.: HD 2-1996, f. & cert. ef. 2-29-96; OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0010

General Authority

ORS 432.510 directs the Oregon Health Authority to “establish a uniform, statewide, population-based registry system for the collection of information determining the incidence of cancer and benign tumors of the brain and central nervous system and related data. The purpose of the registry shall be to provide information to design, target, monitor, facilitate, and evaluate efforts to reduce the burden of cancer and benign tumors among the residents of Oregon.” ORS 432.510, subsections (a) through (e) further specify that such efforts may include but are not limited to:

(1) Targeting populations in need of screening or other cancer control services;

(2) Supporting the operation of hospital registries and upgrading the care of cancer and benign tumors;

(3) Investigating suspected clusters;

(4) Conducting studies to identify cancer hazards; and

(5) Projecting the benefits or costs of alternative policies regarding the prevention or treatment of benign tumors or cancer.

Stat. Auth.: ORS 432.510

Stats. Implemented: ORS 432.510

Hist.: HD 2-1996, f. & cert. ef. 2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0020

Reporting Requirements for Cancer Reporting Facilities

This rule describes the specific requirements for cancer reporting facilities. Such facilities include inpatient facilities, outpatient facilities acting under the license of a hospital, ambulatory surgical centers, and privately owned treatment or diagnostic centers contracted to and acting as a department of a cancer reporting facility.

(1) Cancer reporting facilities must report to OSCaR each case of reportable cancer or reportable non-malignant condition, as defined in OAR 333-010-0000(16) and 333-010-0000(18) respectively, in patients admitted for diagnosis and/or any part of the first course of treatment for that cancer. OSCaR will make lists of reportable cancers and reportable non-malignant conditions available on the Oregon State Cancer Registry website: www.healthoregon.org/oscar.

(2) Cancer reporting facilities must report cases of reportable cancer or reportable non-malignant conditions to OSCaR as stipulated in OAR 333-010-0020(1) within 180 days of the date the case first receives cancer diagnostic or treatment services at the facility.

(3) Cancer reporting facilities with an active follow-up program must annually report vital status, date of last patient contact, and, if available, cancer or tumor status of reportable cancers and reportable non-malignant conditions to OSCaR.

(4) Cancer reporting facilities must report their cases of reportable cancer or reportable non-malignant conditions and any follow-up information to OSCaR in the electronic data exchange format and codes, Record Type A: Case Abstract, as specified by NAACCR, including the variables specified in the Reportable Cancer Data Items List. The OSCaR Reportable Data Items List will be available on the Oregon State Cancer Registry website: www.healthoregon.org/oscar.

(5) OSCaR shall establish a system of confirmation of receipt of cases submitted by each cancer reporting facility.

(6) Cancer reporting facilities reporting cases of reportable cancer or reportable non-malignant conditions to a health system cancer registry have discharged their reporting responsibilities provided that the health system registry reports those cases to OSCaR according to the requirements for cancer reporting facilities.

(7) Cancer reporting facilities may also elect to contract with a private vendor or contractor to report cases of reportable cancer and reportable non-malignant conditions to OSCaR as outlined above in OAR 333-010-0020(1) through (4).

(8) Any cancer reporting facility designated as a Type A or Type B rural hospital by the Oregon Office of Rural Health, may elect to meet the cancer reporting requirements by conducting their own identification of cases of reportable cancer and reportable non-malignant conditions and mailing a copy of the relevant portions of the medical record for each case to the central registry. The central registry staff will abstract and report such cases and bill the hospital for this service at its cost. Type A or Type B rural hospitals which authorize the central registry to abstract and report cases have fulfilled their abstracting and reporting requirements under these rules.

(9) Upon application to OSCaR by a cancer reporting facility, OSCaR may grant to the facility an extension of time, not to exceed two years, in which to meet the reporting requirements. Such requests must be in writing and directed to the Medical Director of OSCaR. On request, the central registry staff shall provide technical assistance to facilities to meet the reporting requirements.

(10)(a) If cancer reports from a reporting facility do not meet reporting requirements, OSCaR shall inform the facility in writing of the disparity between the facility’s reports and the reporting standards. OSCaR will then consult with the facility regarding its options for meeting the reporting standards, as defined in OAR 333-010-0020(1) through (4). Options shall include, but are not limited to:

(A) Further consultation and training;

(B) Referral to contractors for reporting services;

(C) Provision, at cost, of reporting services by OSCaR. By selecting this option, cancer reporting facilities will fulfill all reporting requirements.

(b) If, after a minimum of 30 days from the receipt of the written notification, the facility cannot meet the reporting requirements, OSCaR may activate its reporting service for the facility. When activated, OSCaR may enter the facility, obtain the information and report it in conformance with the appropriate format and standards. In these instances, the facility shall reimburse OSCaR or its authorized representative for the cost of obtaining and reporting the information.

Stat. Auth.: ORS 432.510, 432.520

Stats. Implemented: ORS 432.510, 432.520

Hist.: HD 2-1996, f. & cert. ef. 2-29-96; OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0030

Reporting Requirements for Health Care Providers

(1) Any health care provider diagnosing a case of reportable cancer or a reportable non-malignant condition, as defined in OAR 333-001-0000(16) and 333-010-0000(18) respectively, must notify OSCaR of each such case within 180 days of the diagnosis of the case. OSCaR will make lists of reportable cancers and reportable non-malignant conditions available on the Oregon State Cancer Registry website: www.healthoregon.org/
oscar.

(2) Data items required for reporting a case of reportable cancer or reportable non-malignant condition shall include, but not be limited to, cancer diagnosis and treatment information, patient demographics, and health care provider contact information, as specified on the Central Registry Cancer Notification Form. Copies of the Central Registry Cancer Notification Form will be available on the Oregon State Cancer Registry website: www.healthoregon.org/oscar.

(3) Health care providers must comply with one of the following optional notification methods as may be directed by OSCaR:

(a) Completion and submission (by mail or facsimile) of the Central Registry Cancer Notification Form; or

(b) An encrypted electronic communication directed to OSCaR containing the information required by the Central Registry Cancer Notification Form.

(4) Health care providers need not report any case admitted to an Oregon reporting facility for:

(a) A diagnosis of a reportable cancer or reportable non-malignant condition; or

(b) All or any part of the first course of treatment for that case, providing that admission to the facility occurs within 180 days of diagnosis.

(5) Health care providers reporting cases of reportable cancer and reportable non-malignant conditions to a health system cancer registry have discharged their reporting responsibilities provided that the health system cancer registry reports those cases to OSCaR according to the requirements for cancer reporting facilities.

(6) If a health care provider fails to notify OSCaR of cases of reportable cancer and reportable non-malignant conditions according to the standards and format prescribed for health care providers, OSCaR may inform the health care provider in writing of the disparity between the health care provider’s reporting performance and the reporting standards and consult with the health care provider regarding methods for bringing the health care provider’s reporting performance into compliance with the reporting standards.

(7) If OSCaR does not receive information from another source completing the information required for a case of reportable cancer or reportable non-malignant condition submitted by a health care provider, or if OSCaR learns of an unreported case for which the health care provider has reporting responsibility but of which the central registry has not been notified by the health care provider, OSCaR may notify the health care provider of the missing information or case and the health care provider must, within 30 days, submit requested additional information to OSCaR. In the alternative, OSCaR may contact the health care provider and schedule a time to abstract the necessary data from the health care provider’s records. The health care provider must provide access to those portions of a patient’s medical record which provide data for the items specified in the Reportable Cancer Data Items List. In these instances, the health care provider must reimburse OSCaR or its authorized representative for the cost of obtaining and reporting the information.

(8) OSCaR shall establish a system of confirmation of receipt of cases submitted by health care providers.

Stat. Auth.: ORS 432.510, 432.520

Stats. Implemented: ORS 432.510, 432.520

Hist.: HD 2-1996, f. & cert. ef. 2-29-96; OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0032

Reporting Requirements for Clinical Laboratories

 (1) Clinical laboratories must report to OSCaR all cases with test results indicative of and specific for a reportable cancer or reportable non-malignant condition, as defined in OAR 333-010-0000(16) and 333-010-0000(18) respectively, (“Cancer Pathology Reports”) in accordance with the following provisions. Clinical laboratories must submit all Cancer Pathology Reports to OSCaR using the electronic data exchange format and codes set forth in the guidelines for Pathology Laboratory Electronic Reporting issued by the North American Association of Central Cancer Registries (“NAACCR”), unless reported to a health system cancer registry. The NAACCR Guidelines for Pathology Laboratory Electronic Reporting are available from OSCaR.

(2) Clinical laboratories must also report to OSCaR all cases with biopsies (excluding cytologic tests) indicative of and specific for a reportable pre-malignant condition, as defined in OAR 333-010-0000(16), in an electronic format mutually agreed to by OSCaR and the clinical laboratory. These reports must include (if available to the clinical laboratory):

(a) Name, address, and telephone number of the physician listed on the lab order;

(b) Name, address, and telephone number of the reporting laboratory;

(c) Patient name, gender, address (if available), birth date, race/ethnicity;

(d) Primary site and type of cancer-related condition; and

(e) Date of diagnosis.

(3) OSCaR will make lists of reportable cancers, reportable non-malignant conditions, and reportable pre-malignant conditions available on the Oregon State Cancer Registry website: www.healthoregon.org/oscar. If a clinical laboratory fails to submit the required cancer pathology reports or reports of pre-malignant conditions to OSCaR according to the standards and format prescribed, OSCaR may inform the laboratory in writing of the disparity between the laboratory’s reporting performance and the reporting standards and consult with the laboratory regarding methods for bringing the clinical laboratory’s reporting performance into compliance with the reporting standards.

(4) If a clinical laboratory is not able to submit cancer pathology reports or reports of pre-malignant conditions electronically, OSCaR may authorize the clinical laboratory to report by mail or facsimile for a limited period of time to be specified by OSCaR.

(5) OSCaR shall establish a system of confirmation of receipt of cancer pathology reports and reports of pre-malignant conditions submitted by clinical laboratories.

Stat. Auth.: ORS 432.510, 432.520

Stats. Implemented: ORS 432.510, 432.520

Hist.: PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0035

Patient Notification Requirement

This rule describes the process for notifying patients that information about a reportable cancer has been reported to OSCaR.

(1) OSCaR may, but is not required to notify patients that information about a diagnosis of reportable cancer has been included in the registry. OSCaR may make a determination, based on budgeting constraints or otherwise, to curtail patient notification activities.

(2) Information to be provided to patients. The notification to the patient shall include the following information about the purposes of the registry and the protection of confidentiality:

(a) That Oregon statute requires that every cancer newly diagnosed in Oregon, or in an Oregon resident, be reported to the Oregon State Cancer Registry maintained by the Oregon Health Authority;

(b) That information reported to the Authority includes the type and characteristics of the cancer, details of the diagnosis and treatment given, and patient demographic information;

(c) That the information is used to understand how cancer affects the population in Oregon, to design and implement prevention and control programs, and for research;

(d) That the information is confidential and no identifiable information about the patient can be released to anyone unless very strict requirements, as provided by law, are met;

(e) If those specific requirements, as provided by law, are met, researchers may be allowed to contact patients to offer them the opportunity to participate in research projects. Any invitation to participate in research is always voluntary and may be freely declined; and

(f) That the researcher shall first notify the patient’s physician regarding the patient’s participation in a research project, unless the patient specifies to OSCaR that their name never be released for any research purpose.

Stat. Auth.: ORS 432.500

Stats. Implemented: ORS 432.500–432.900

Hist.: OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0040

Quality Standards

The usefulness of OSCaR data is directly dependent upon the accuracy, completeness, and timeliness of the data available in its database. ORS 432.510(5) directs the Oregon Health Authority to establish a quality control program for the data reported to the state registry. In order to assess these aspects of quality for cancer reporting, the central registry will institute a program of continuous quality improvement.

(1) The continuous quality improvement system must include, but is not limited to, coding edits, completeness audits or checks, reabstracting audits, and data analysis techniques to estimate data accuracy, validity, and reliability.

(2) For the purpose of assuring the accuracy and completeness of reported data, OSCaR shall have the right to periodically review all records that would identify cases of reportable cancer and reportable non-malignant conditions or would establish characteristics of the cancer, treatment of the cancer or the medical status of any identified cancer patient. OSCaR will provide advance notification of a minimum of 30 days, to allow time for the reporting sources to prepare records for review.

(3) The collection of cancer data from cancer reporting facilities, including data collection performed by OSCaR staff, must be performed either by certified tumor registrars or by staff knowledgeable about the following, as recommended by the American College of Surgeons, Commission on Cancer:

(a) Cancer as a disease process;

(b) General anatomy and physiology;

(c) Cancer epidemiology and statistics;

(d) Casefinding procedures; and

(e) Basic coding and staging schemes.

(4) A cancer reporting facility must report a minimum of 98 percent of the cases reportable by that facility for any calendar year in order to meet the requirement of these rules.

(5) The item-specific agreement rate of reported data from a cancer reporting facility with the information in the facility’s medical record must not be less than 95 percent for those data items identified in the OSCaR Reportable Data Items list as quality control items.

(6) A cancer reporting facility must submit 98 percent of reportable cases to the central cancer registry within 180 days of either:

(a) The date of diagnosis; or

(b) The date of admission for receipt of any part of the first course of treatment provided in that facility, whichever is later.

(7) A health care provider must submit a minimum of 95 percent of reportable cases to the central cancer registry within 180 days of the date of diagnosis.

Stat. Auth.: ORS 432.510

Stats. Implemented: ORS 432.510

Hist.: HD 2-1996, f. & cert. ef. 2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0050

Confidentiality and Access to Data

(1) All identifying information regarding individual patients, cancer reporting facilities, clinical laboratories, and health care providers reported pursuant to ORS 432.510 and 432.520, OAR 333-010-0020, 333-010-0030 and 333-010-0032 shall be confidential and privileged. Except as required in connection with the administration or enforcement of public health laws or rules, no public health official, employee, or agent shall be examined in an administrative or judicial proceeding as to the existence or contents of data collected under the cancer registry system.

(2) The information collected and maintained by OSCaR must be stored in secure locations, must be used solely for the purposes stated in ORS 432.510 and 432.520 and must not be further disclosed unless required by law, with the following exceptions:

(a) When OSCaR has entered into reciprocal cooperative agreements with other states to exchange information on resident cases, as provided for in ORS 432.540. Such agreements must provide for obtaining data on Oregon resident cases diagnosed or treated out of state, and for reciprocal rights of other states to receive information on residents of those states diagnosed or treated in Oregon. Before entering into an agreement with any other state, OSCaR must determine that the other state has comparable confidentiality protections;

(b) When disclosure to officers or employees of federal, state, or local government public health agencies is necessary to investigate or avoid a clear and immediate danger to other individuals or to the public generally;

(c) When the Authority elects to contract with another agency for performance of a registry function the Authority will require the contractor to agree to use the information only for the purposes of the central cancer registry, to maintain the information securely, and to protect the information from unauthorized disclosure as referred to in OAR 333-010-0050(1). Before entering into any contract with another agency the Authority must determine the agency has comparable confidentiality protections; and

(d) When the Authority deems that the information is necessary for others to conduct research in conformance with the purposes for which the data are collected.

(3) Cancer reporting facilities shall have access to confidential and privileged data on any case submitted by that facility. When a patient has been seen for care of a case of cancer by multiple cancer reporting facilities, OSCaR may share information on treatment and follow-up among the facilities, provided that all participating facilities have signed agreements with OSCaR to do so.

(4) Health care providers shall have access to confidential and privileged data on any case submitted by that health care provider. When a patient has been seen for care of a case of cancer by multiple health care providers, OSCaR may share information on treatment and follow-up among the health care providers, provided that all participating health care providers have signed agreements with OSCaR to do so.

Stat. Auth.: ORS 432.510, 432.520

Stats. Implemented: ORS 432.530, 432.540

Hist.: HD 2-1996, f. & cert. ef. 2-29-96; OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0055

Research Studies

(1) Requirements for Research Studies. Before any confidential data may be disclosed to a researcher, OSCaR must:

(a) Approve a submitted protocol for the proposed research, which describes how the research will be used to determine the sources of cancer among the residents of Oregon or to reduce the burden of cancer in Oregon, in accordance with ORS 432.510 and OAR 333-010-0010;

(b) Agree that the data requested are necessary for the effective and efficient conduct of the study;

(c) Approve the researcher’s submitted protocol and procedures for:

(A) Identifying patients to be contacted;

(B) Protecting against inadvertent disclosure of confidential and privileged data;

(C) Providing secure conditions to use and store the data;

(D) Assuring that the data will only be used for the purposes of the study; and

(E) Assuring that confidential and privileged data will be destroyed upon conclusion of the research;

(d) Determine that the researcher has access to sufficient resources to carry out the proposed research before releasing any confidential data;

(e) Facilitate appropriate review of the research, including peer review for scientific merit, and review by the body used by the Authority as the Committee for the Protection of Human Research Subjects and established in accordance with 45 C.F.R. 46; and

(f) Determine the need for and require the researcher to implement other safeguards which, in the judgment of OSCaR, may be necessary for protecting confidential and privileged data from inadvertent disclosure due to unique or special characteristics of the proposed research.

(2) Contacting Patients for Research. As outlined in OAR 333-010-0035(2)(e) & (f), participation in research is voluntary and patients may choose whether or not they want to participate in research studies.

(a) Before disclosing confidential patient information to a researcher, OSCaR must determine whether any of the patients meeting the criteria for the research study have previously informed OSCaR that they do not wish to participate in research. Such patients will be excluded from the list of patients provided to the researcher or contacted by OSCaR regarding research.

(b) Unless OSCaR determines it to be impracticable, OSCaR and/or the researcher must contact the patient’s current treating physician to inform them of the study prior to any contact with a patient. In situations where the treating physician of record is no longer the patient’s physician, OSCaR and/or the researcher must make a good faith effort to find the patient’s current physician.

(c) When contacted, the patient’s physician must be informed of the study and the identity of the eligible patient. Within three weeks the physician must:

(A) Agree that direct contact by the researcher would be appropriate; or

(B) Indicate the presence of a medical, psychological or social situation in the patient’s life that would make contact inappropriate at that time. The physician is under no obligation to disclose the specifics of the medical, psychological or social situation.

(d) If a researcher does not receive a response from the physician within one month, the researcher may contact the patient directly.

(e) Researchers are strictly prohibited from redisclosing patient names or other confidential information to other researchers, individuals, or institutions not specifically identified in the approved study protocol as outlined above.

Stat. Auth.: ORS 432.510, 432.530, 432.540

Stats. Implemented: ORS 432.510, 432.530, 432.540

Hist.: OHD 7-1998, f. 7-14-98, cert. ef. 8-1-98; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0060

Special Studies

(1) From time to time, OSCaR may elect to conduct special studies of cancer mortality, morbidity, treatment options and cancer control. OSCaR is specifically authorized to obtain any information which may apply to a patient’s reportable cancer or reportable non-malignant condition, and which may be found in the medical record of the patient under ORS 432.510 and 432.520. Upon request, the health care provider or health care facility must provide the requested information to OSCaR or provide OSCaR personnel access to the relevant portions of the medical records. Neither OSCaR nor the record holder shall bill the other for the cost of providing or obtaining this information.

(2) If, in the conduct of a special study, OSCaR identifies a need for access to pathological specimens that have been collected in connection with a case, OSCaR must make a written request to the clinical laboratory or the cancer reporting facility with which the clinical laboratory is affiliated for the purpose of making arrangements for the procurement of such pathological specimens upon mutually agreeable terms.

Stat. Auth.: ORS 432.510, 432.520

Stats. Implemented: ORS 432.510, 432.520

Hist.: HD 2-1996, f. & cert. ef. 2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0070

Advisory Committee

The Authority shall appoint an advisory committee to review the operations of the central registry and to make recommendations regarding registry policy, and to review research protocols for which confidential and privileged data are requested. The composition of the advisory committee must generally represent those with a professional or personal interest in cancer.

Stat. Auth.: ORS 432.510, 432.520

Stats. Implemented: ORS 432.510

Hist.: HD 2-1996, f. & cert. ef. 2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

333-010-0080

Training and Consultation

The Authority shall provide annual continuing education for interested persons involved in cancer registry reporting. Continuing education content must include, but is not limited to, cancer diagnosis and management, epidemiology and statistics, and hardware and software registry applications. The central registry staff must supplement the continuing education with one-on-one consultations to assist cancer reporting facilities and health care providers as needed in meeting the reporting requirements.

Stat. Auth.: ORS 432.510

Stats. Implemented: ORS 432.510

Hist.: HD 2-1996, f. & cert. ef. 2-29-96; PH 13-2011, f. 12-28-11, cert. ef. 1-1-12

 

Rule Caption: Vaccine stewardship, requiring storage/handling/administration training; changing ALERT IIS data use and reporting requirements.

Adm. Order No.: PH 14-2011

Filed with Sec. of State: 12-28-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Adopted: 333-047-0010, 333-047-0030, 333-047-0040, 333-047-0050

Rules Amended: 333-049-0010, 333-049-0040, 333-049-0050, 333-049-0065, 333-049-0070, 333-049-0090

Subject: The Oregon Health Authority, Public Health Division, Office of Family Health is permanently adopting rules in chapter 333, division 47. These rules outline the training requirements for any entity who receives vaccine from the Oregon Health Authority’s Immunization Program, including training in clinical administration of vaccine, and vaccine storage and handling.

      The Authority is also permanently amending rules in chapter 333, division 49 to clarify Oregon ALERT Immunization Information System (IIS) data use protocols, while also documenting the data elements and timelines for data submission for all entities receiving state-supplied vaccine.

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

333-047-0010

Definitions Used in the Vaccine Accountability Rules

(1) All definitions of ORS 433.090 and 433.235 apply to these rules.

(2) In addition to the definitions of ORS 433.090 and 433.235, the following definitions apply:

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

(b) “Certify” means to attest, in writing, on a form prescribed by the Oregon Health Authority that at least two employees, owners or partners have completed required vaccine-related trainings as provided or approved by the Oregon Health Authority.

(c) “Entity” means a health clinic or provider, pharmacy or pharmacist who receives state-supplied vaccine.

(d) “Oregon Immunization Program” means the Oregon Health Authority, Public Health Division, Immunization Program.

(e) “Public Health Division” means the Oregon Health Authority, Public Health Division.

(f) “Receives vaccines” means an entity is supplied with vaccines by the Oregon Immunization Program, including vaccines acquired with federal and state funds, including the Vaccines for Children Program (VFC), the Section 317 Vaccine Program, state Special Project vaccine, and state Billable Project vaccine.

(g) “State supplied vaccine” means vaccine provided by the federal government or the Oregon Immunization Program.

(h) “State-supplied Vaccine User Vaccine Accountability Reporting Requirements and Timelines” means the schedule of reporting timelines found in the Vaccine User Accountability Reporting Table of OAR 333-047-0050.

Stat. Auth.: HB 2371 (OL 2011, ch. 362)

Stats. Implemented: HB 2371 (OL 2011, ch. 362)

Hist.: PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

333-047-0030

Training

(1) Any entity receiving state supplied vaccine shall require that at least two currently employed staff persons, owners or partners complete immunization related training at least once every two years as follows:

(a) Clinical administration of vaccines; and

(b) Storage, handling and inventory management of vaccines.

(2) An entity shall provide Authority staff with written documentation that it has met the requirements of section (1) of this rule or that it is exempt from training upon request or at every official Vaccines for Children site visit.

(3) An entity receiving state-supplied vaccine is responsible for retaining documentation that at least two currently employed staff persons, owners, or partners have completed the required clinical administration and vaccine management training course at least once every two years.

(4) The Authority will make available to entities no-cost internet based training available in on-demand format.

(5) Web-based training will include an official certification receipt for staff meeting competence standards.

(6) The Authority will exempt an entity from the training requirement in section (1) of this rule if an entity demonstrates to the satisfaction of the Authority that it, or that a licensing board with jurisdiction over some employees of the entity, requires training that is substantially similar to the training available from the Authority. An entity may submit a request for an exemption on a form prescribed by the Authority.

(7) The training requirements required by section (1) of this rule are effective January 1, 2013.

Stat. Auth.: HB 2371 (OL 2011, ch. 362)

Stats. Implemented: HB 2371 (OL 2011, ch. 362)

Hist.: PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

333-047-0040

Accounting for Vaccine

Any entity receiving state supplied vaccine shall account for vaccines through data submission and inventory management via the Authority’s Immunization Registry, as outlined in OAR 333-049-0010 through 333-049-0050. (See the Vaccine User Accountability Reporting Table, OAR 333-047-0050).

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

Stat. Auth.: HB 2371 (OL 2011, ch. 362)

Stats. Implemented: HB 2371 (OL 2011, ch. 362)

Hist.: PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

333-047-0050

Timeline for Reporting

An entity receiving state supplied vaccine shall submit vaccine accounting information required under OAR 333-047-0040 according to the schedule set out in the Vaccine User Accountability Reporting Table.

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

Stat. Auth.: HB 2371 (OL 2011, ch. 362)

Stats. Implemented: HB 2371 (OL 2011, ch. 362)

Hist.: PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

333-049-0010

Definitions

(1) All definitions of ORS 433.090 and 433.235 apply to these rules.

(2) In addition to the definitions of ORS 433.090 and 433.235, the following definitions apply:

(a) “Authorized user” has the meaning as defined in ORS 433.090(1).

(b) “Client” has the meaning as defined in ORS 433.090(3).

(c) “Exempt” means the special status of information on certain clients that will limit its disclosure.

(d) “Manager” means the manager of the statewide immunization registry or his/her designee.

(e) “Oregon Immunization Program” means the Oregon Health Authority, Public Health Division, Immunization Program.

(f) “Public Health Division” means the Oregon Health Authority, Public Health Division.

(g) “State Public Health Division Timelines” means the schedule of reporting timelines shown in the Vaccine User Accountability Reporting Table (OAR 333-047-0050), detailing data elements required and when each element must be included for submission.

(h) “State supplied vaccine” means vaccine provided by the federal government or the Oregon Immunization Program.

Stat. Auth.: ORS 433.100

Stats. Implemented: ORS 433.100

Hist.: HD 6-1996(Temp), f. & cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0100; PH 6-2008, f. & cert. ef. 3-17-08; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

333-049-0040

Collection and Release of Information

(1) The manager may collect information for a client’s immunization record from any authorized user. Such information to be collected shall be determined by the manager and provided to the registry on forms or in a format provided by the manager.

(2) The manager may collect information for a client’s tracking and recall record from any authorized user. Information to be collected includes such information necessary to send reminder cards to, place telephone calls to, or personally contact the client or the parent or the guardian of a client. Such information shall be determined by the manager and provided to the tracking and recall system on forms or in a format provided by the manager.

(3) The manager may receive information from other registries and may share information with other such registries, provided that the manager makes a determination that other registries have confidentiality protection at least equivalent to those under ORS 433.090 through 433.102 and these rules. The manager shall prescribe the information that may be shared and the forms for sharing information to and from other registries.

(4) The manager may request information to determine the name of any person and information on contacting the person or such person’s parent or guardian in order to notify them about the existence of the registry. The manager may seek information on persons in the state who have not enrolled in the registry through contacting other state agencies, and other appropriate organizations that have access to such information.

(5) The manager may release and publish information in the registry in an aggregate form that does not identify a client.

Stat. Auth.: ORS 433.096, 433.094 & 432.119

Stats. Implemented: ORS 433.096 & 433.094

Hist.: HD 6-1996(Temp), f. & cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0115; PH 6-2008, f. & cert. ef. 3-17-08; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

333-049-0050

Reporting to the Immunization Registry

(1) Any provider who participates in the registry and who administers immunizations identified by the manager shall report such immunization to the registry within 14 calendar days of such immunization.

(2) Any pharmacist who immunizes must report all immunizations administered to the registry.

(3) Reports shall be submitted to the registry in a manner and on such forms as required by the manager. Such forms shall be provided by the manager.

(4) Any authorized user may report immunizations, and other such information, permitted under ORS 433.090(3) and (5), as prescribed by the manager, to the registry without the consent of the client or the parent or guardian of the client. Reporting this information without the consent mentioned above shall not subject a person to liability or civil action.

(5) Any authorized user who administers state-supplied vaccine must report in a manner prescribed by the Authority the following data elements for all administered doses to the Statewide Immunization Registry in accordance with Public Health Division timelines in the Vaccine User Accountability Reporting Table (OAR 333-047-0050):

(a) The name, address, phone number, gender, and date of birth of a client;

(b) The date of administration of the vaccine;

(c) The CPT, CVX, or NDC code of the vaccine administered;

(d) The dose-level vaccine eligibility code;

(e) The organizational identifier of the administering or reporting clinic or site;

(f) The lot number of the vaccine;

(g) The dose amount and manufacturer of the vaccine, when available; and

(h) Other data elements as specified by the Public Health Division.

(6) Any authorized user who administers state-supplied vaccine shall utilize, in accordance with OAR 333-047-0050:

(a) The ordering module for ordering state-supplied vaccines; and

(b) The inventory module for tracking public or public and private vaccine supply.

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

Stat. Auth.: ORS 433.096, ORS 689.645, HB 2371 (OL 2011, ch. 362)

Stats. Implemented: ORS 433.096, ORS 689.645, HB 2371 (OL 2011, ch. 362)

Hist.: HD 6-1996(Temp), f. & cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0120; PH 6-2008, f. & cert. ef. 3-17-08; PH 24-2010, f. & cert. ef. 9-30-10; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

333-049-0065

Fees

For the purpose of implementing ORS 433.090 through 433.104 fees may be charged in accordance with this rule:

(1) Fees may be charged to authorized users including, but not limited to, the following: health plans, health provider associations, private or non-profit institutions, other state registries, federal health agencies or their contractors.

(2) Fees shall not be charged to the following users: individual health care providers and clinics, Oregon schools, Oregon children’s facilities, Oregon hospitals or the Oregon Health Authority, Division of Medical Assistance Programs.

(3) Fees may be waived at the discretion of the ALERT Manager or the Oregon Health Authority Immunization Program Manager in accordance with Immunization Policy.

(4) Unless waived, or exempt under subsection (2) of this rule, a fee of $10 per client shall be charged to each authorized user for each client specific immunization data request.

(5) A request for client specific data shall be responded to only when made by an authorized user for information about a client under its care or by a public health entity for clients within its jurisdiction. Requests from persons other than authorized users or from authorized users for data beyond that of a specific patient(s) under its care or within the public health entity’s jurisdiction will be considered on a case by case basis in the interests of public health practice and may be responded to only with aggregate/de-identified data.

Stat. Auth.: ORS 433.100

Stats. Implemented: ORS 433.100

Hist.: PH 6-2005, f. & cert. ef. 4-13-05; PH 6-2008, f. & cert. ef. 3-17-08; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

333-049-0070

Limitations on Access to Information in the Immunization Registry and Tracking and Recall System

(1) An authorized user may only access information in the Registry or Tracking and Recall System as follows:

(a) An authorized user may access information on a client who is presently under that authorized user’s care, or enrolled in the authorized user’s children’s facility, school, post-secondary educational institution, program or health plan, except as otherwise provided by law.

(b) An authorized user that is a state or local public health authority may, in addition to accessing information described in subsection (1)(a) of this rule, access information on an individual within a public health entity’s jurisdiction for:

(A) Assessment, evaluation, surveillance and outreach related to immunization promotion and vaccine-preventable disease prevention; and

(B) The Pregnancy Risk Assessment Monitoring System (PRAMS).

(2) The manager may monitor and audit all access to a client’s record contained in the registry.

(3) The manager may require any person who has accessed a client’s record to provide evidence that such client was under the care of the person or enrolled in the person’s post-secondary educational institution, school, children’s facility, program or health plan at the time the client’s record was accessed.

(4) The Public Health Division may report violations of these rules by any authorized user who has accessed a client’s record to the appropriate licensing or regulatory authority.

Stat. Auth.: ORS 433.098

Stats. Implemented: ORS 433.098

Hist.: HD 6-1996(Temp), f. & cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0130; PH 6-2008, f. & cert. ef. 3-17-08; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

333-049-0090

Notification of Needed Immunizations, Hearing Screening, or Lead Screening

(1) The manager, authorized user, or public health entity may contact or provide notice to clients or parents and guardians of clients less than 18 years of age when the tracking and recall system indicates that a client has missed:

(a) A scheduled immunization;

(b) Lead screening; or

(c) Hearing screening for clients zero through 12 years of age.

(2) The manager, authorized user, or public health entity may also notify the client’s provider of last record of the client’s needed immunizations, hearing screening, or lead screening. Notification shall be in such form as prescribed by the manager.

Stat. Auth.: ORS 433.096

Stats. Implemented: ORS 433.096

Hist.: HD 6-1996(Temp), f. & cert. ef. 11-26-96; HD 4-1997, f. & cert. ef. 2-24-97; OHD 13-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0140; PH 6-2008, f. & cert. ef. 3-17-08; PH 14-2011, f. 12-28-11, cert. ef. 1-1-12

 

Rule Caption: Update of rules pertaining to licensure of Emergency Medical Services Providers.

Adm. Order No.: PH 15-2011

Filed with Sec. of State: 12-28-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Amended: 333-265-0000, 333-265-0010, 333-265-0012, 333-265-0014, 333-265-0015, 333-265-0016, 333-265-0018, 333-265-0020, 333-265-0022, 333-265-0023, 333-265-0025, 333-265-0030, 333-265-0040, 333-265-0050, 333-265-0060, 333-265-0070, 333-265-0080, 333-265-0083, 333-265-0085, 333-265-0087, 333-265-0090, 333-265-0100, 333-265-0105, 333-265-0110, 333-265-0140, 333-265-0150, 333-265-0160, 333-265-0170

Subject: The Oregon Health Authority, Public Health Division, Emergency Medical Services and Trauma Systems program is permanently amending Oregon Administrative Rules, chapter 333, division 265 pertaining to emergency medical services providers, to streamline and clarify rules, address requirements for training, testing and licensure of emergency medical services providers, to comply with SB 234 passed during the 2011 legislative session, and to implement upcoming curriculum changes and certification levels.

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

333-265-0000

Definitions

(1) “Advanced Emergency Medical Technician (AEMT or Advanced EMT)” means a person who is licensed by the Authority as an Advanced Emergency Medical Technician.

(2) “Ambulance Service” means any person, governmental unit, corporation, partnership, sole proprietorship, or other entity that operates ambulances and holds itself out as providing pre-hospital care or medical transportation to sick, injured or disabled persons.

(3) “Authority” means the Emergency Medical Services and Trauma Systems Program, within the Oregon Health Authority.

(4) “Business day” is any day, Monday through Friday, from 8:00 a.m. to 5:00 p.m., except legal state holidays.

(5) “Candidate” means an applicant that has completed training in an Emergency Medical Services Provider course and has not yet been licensed by the Authority.

(6) “Clinical Experience (Clinical)” means those hours of the curriculum that synthesize cognitive and psychomotor skills and are performed under a preceptor.

(7) “Continuing Education” means education required as a condition of licensure under ORS chapter 682 to maintain the skills necessary for the provision of competent pre-hospital care. Continuing education does not include attending EMS related business meetings, EMS Exhibits or Trade Shows.

(8) “Didactic Instruction” means the delivery of primarily cognitive material through lecture, video, discussion, and simulation by program faculty.

(9) “Direct Medical Oversight” means real-time direct communication by a physician who is providing direction to an Emergency Medical Services Provider during a patient encounter.

(10) “Direct Visual Supervision” means that a person qualified to supervise is at the patient’s side to monitor the Emergency Medical Services Provider in training.

(11) “Emergency Care” means the performance of acts or procedures under emergency conditions in the observation, care and counsel of the ill, injured or disabled; in the administration of care or medications as prescribed by a licensed physician, insofar as any of these acts is based upon knowledge and application of the principles of biological, physical and social science as required by a completed course utilizing an approved curriculum in pre-hospital emergency care. However, “emergency care” does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

(12) “EMS” means Emergency Medical Services.

(13) “EMS Medical Director” has the same meaning as “Supervising Physician” in ORS 682.025.

(14) “Emergency Medical Responder (EMR)” means a person who is licensed by the Authority as an Emergency Medical Responder.

(15) “Emergency Medical Services (EMS) Agency” means any person, partnership, corporation, governmental agency or unit, sole proprietorship or other entity that utilizes Emergency Medical Services Providers to provide pre-hospital emergency or non-emergency care. An emergency medical services agency may be either an ambulance service or a nontransporting service.

(16) “Emergency Medical Services Provider (EMS Provider)” means a person who has received formal training in pre-hospital and emergency care and is state-licensed to attend to any ill, injured or disabled person. Police officers, fire fighters, funeral home employees and other personnel serving in a dual capacity, one of which meets the definition of “emergency medical services provider” are “emergency medical services providers” within the meaning of ORS Chapter 682.

(17) “Emergency Medical Technician (EMT)” means a person who is licensed by the Authority as an Emergency Medical Technician.

(18) “EMT-Basic” has the same meaning as Emergency Medical Technician.

(19) “EMT-Intermediate” means a person who is licensed by the Authority as an EMT-Intermediate.

(20) “EMT-Paramedic” has the same meaning as Paramedic.

(21) “Exam Evaluator” is a person who attends an EMS Provider practical examination and who objectively observes and records each student’s performance consistent with the standards of the National Registry of EMTs.

(22) “First Responder” has the same meaning as Emergency Medical Responder.

(23) “In Good Standing” means a person who is currently licensed in Oregon, who does not have any restrictions placed on his or her license, or who is not on probation with the licensing agency for any reason.

(24) “Key party” means immediate family members and others who would be reasonably expected to play a significant role in the health care decisions of the patient or client and includes, but is not limited to, the spouse, domestic partner, sibling, parent, child, guardian and person authorized to make health care decisions of the patient or client.

(25) “Licensing Officer” is a person who is responsible for conducting an Emergency Medical Technician (EMT) or EMT-Intermediate practical examination in a manner consistent with the standards of the National Registry for EMTs and the Authority.

(26) “Non-Emergency Care” means the performance of acts or procedures on a patient who is not expected to die, become permanently disabled or suffer permanent harm within the next 24-hours, including but not limited to observation, care and counsel of a patient and the administration of medications prescribed by a physician licensed under ORS chapter 677, insofar as any of those acts are based upon knowledge and application of the principles of biological, physical and social science and are performed in accordance with scope of practice rules adopted by the Oregon Medical Board in the course of providing pre-hospital care as defined by this rule.

(27) “Paramedic” means a person who is licensed by the Authority as a Paramedic.

(28) “Patient” means a person who is ill or injured or who has a disability and who is transported in an ambulance.

(29) “Person” means any individual, corporation, association, firm, partnership, joint stock company, group of individuals acting together for a common purpose, or organization of any kind and includes any receiver, trustee, assignee, or other similar representatives thereof.

(30) “Pre-hospital Care” means that care rendered by an EMS Provider as an incident of the operation of an ambulance as defined by ORS Chapter 682 and that care rendered by an EMS Provider as an incident of other public or private safety duties, and includes, but is not limited to “emergency care” as defined by ORS Chapter 682.

(31) “Preceptor” means a person approved by an accredited teaching institution and appointed by the EMS Agency, who supervises and evaluates the performance of an EMS Provider student during the clinical and field internship phases of an EMS Provider course. A preceptor must be a physician, physician assistant, registered nurse, or EMS Provider with at least two years field experience in good standing at or above the level for which the student is in training.

(32) “Protocols” has the same meaning as standing orders.

(33) “Reciprocity” means the manner in which a person may obtain Oregon EMS Provider licensure when that person is licensed in another state and certified with the National Registry

(34) “Scope of Practice” means the maximum level of emergency or non-emergency care that an EMS Provider may provide that is set forth by the rules adopted by the Oregon Medical Board.

(35) “Skills Lab” means those hours of the curriculum that provides the student with the opportunity to develop the skills for the level of training obtained.

(36) “Standing Orders” means the written protocols that an EMS Provider follows to treat patients when direct contact with a physician is not maintained.

(37) “Successful completion” means having attended 85 percent of the didactic and skills instruction hours (or makeup sessions) and 100 percent of the clinical and field internship hours, and completing all required clinical and internship skills and procedures and meeting or exceeding the academic standards for those skills and procedures.

(38) “Teaching Institution” means a two-year community college or four-year degree granting college or a licensed vocational school that is accredited by the Office of Career and Technical Education, or the Department of Community Colleges and Workforce Development/Oregon Department of Education.

(39) “Unprofessional Conduct” has the meaning given that term in ORS 682.025.

(40) “Volunteer” means a person who is not compensated for their time to staff an ambulance or rescue service, but who may receive reimbursement for personal expenses incurred.

Stat. Auth.: ORS 682.025 & 682.215

Stats. Implemented: ORS 682.017 - 682.991

Hist.: HD 18-1994, 6-30-94, cert. ef. 7-1-94; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008. f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0010

Application for Approval of EMT, AEMT, EMT-Intermediate, and Paramedic Courses

(1) The Authority is responsible for approving EMT, AEMT, EMT-Intermediate, and Paramedic courses.

(2) EMT, AEMT, EMT-Intermediate, and Paramedic courses must be offered by a teaching institution accredited by the Oregon Department of Education or the Oregon State Board of Higher Education and must meet the standards established by the Oregon Department of Education in OAR chapter 581, division 49.

(3) Notwithstanding section (2) of this rule, the Authority may allow a hospital to conduct an EMT course if there is no training available at a teaching institution in a rural part of the state. A hospital that wishes to conduct an EMT course in a rural area must send a request to the Authority in writing explaining why there is a need and why there is no training available in its area. The Authority will inform the hospital in writing whether it has permission to conduct the EMT course.

(4) EMT, AEMT, EMT-Intermediate, and Paramedic courses must meet the requirements prescribed by the Authority in OAR 333-265-0014.

(5) EMT, AEMT, EMT-Intermediate, and Paramedic courses must be taught by instructors that meet the requirements of OAR 333-265-0020.

(6) A teaching institution described in section (2) of this rule or a hospital approved by the Authority under section (3) of this rule must submit an application to the Authority on a form prescribed by the Authority that includes all the information necessary to determine whether the course meets the Authority’s standards. The form must be received by the Authority at least 30 business days prior to the first day of class.

(7) The Authority will return an application that is incomplete to the applicant.

(8) The Authority will inform an applicant in writing whether the application has been denied or approved.

(9) No teaching institution shall conduct an EMT, AEMT, EMT-Intermediate, or Paramedic course until the Authority has approved the course.

(10) The Authority may deny or revoke the approval to conduct an EMT, AEMT, EMT-Intermediate, or Paramedic course in accordance with ORS 183.310 through 183.550 for failure to comply with OAR chapter 333, division 265.

Stat. Auth.: ORS 682.017, 682.208

Stats. Implemented: ORS 682.017, 682.208, 682.216

Hist.: HD 63, f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0630; HD 19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD 8-1993, f. 6-22-93, cert. ef. 7-1-93; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0030; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008. f. & cert. ef. 6-16-08; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0012

Requirements for Conducting Emergency Medical Responder Courses

(1) An ambulance service or any other entity in Oregon may conduct EMR courses that meet the requirements of OAR 333-265-0014.

(2) An entity that wants to conduct an EMR course must submit an application to the Authority on a form prescribed by the Authority that includes all the information necessary to determine whether the course meets the Authority’s standards and whether the course director meets the requirements in OAR 333-265-0018. The form must be received by the Authority at least 30 business days prior to the first day of class.

(3) The Authority shall return an application that is incomplete to the applicant.

(4) No entity shall conduct an EMR course until the Authority has approved the course.

(5) The Authority may deny or revoke the approval to conduct an EMR course in accordance with ORS 183.310 through 183.550 for failure to comply with OAR chapter 333, division 265.

Stat. Auth.: ORS 682.017, 682.208

Stats. Implemented: ORS 682.017, 682.208, 682.216

Hist.: PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0014

EMS Provider Course Requirements

(1) All EMS Provider courses must have a medical director. The EMS medical director must meet the qualifications of a supervising physician as defined in OAR 847-035-0020.

(2) All EMS Provider courses must have a course director as defined in OAR 333-265-0020.

(3) An Oregon teaching institution conducting EMT, Advanced EMT, EMT-Intermediate or Paramedic courses must have program faculty consisting of a designated program director, course medical director, and course directors, and may have guest instructors. The number of persons carrying out the responsibilities of conducting an EMT, AEMT, EMT-Intermediate or Paramedic course may vary from program to program. One person, if qualified, may serve in multiple roles.

(4) An EMR course must include:

(a) A curriculum that meets or exceeds the National Emergency Medical Services Education Standards published by the National Highway Traffic Safety Administration, January 2009 (DOT HS 811 077B);

(b) Didactic and skills instruction; and

(c) A practical and cognitive examination.

(5) An EMT course must include:

(a) A curriculum that meets or exceeds the National Emergency Medical Services Education Standards published by the National Highway Traffic Safety Administration, January 2009 (DOT HS 811 077B);

(b) Didactic and skills instruction;

(c) Clinical education of at least eight hours in a hospital or acute care department or other appropriate clinical or acute care medical facility where the skills within an EMT scope of practice are performed under the supervision of a preceptor; and

(d) Prehospital experience of at least eight hours under the supervision of an EMT or above where the skills within an EMT scope of practice are performed.

(6) An Advanced EMT course must include:

(a) A curriculum that meets or exceeds the National Emergency Medical Services Education Standards published by the National Highway Traffic Safety Administration, January 2009 (DOT HS 811 077B);

(b) Didactic and skills instruction;

(c) Clinical education in hospital clinical areas where the skills within an Advanced EMT scope of practice are performed under the supervision of a preceptor; and

(d) A field internship that is described in OAR 333-265-0015.

(7) An EMT-Intermediate course must include:

(a) The EMT-Intermediate curriculum, 2006, incorporated by reference;

(b) Didactic and skills instruction;

(c) Clinical experience performed under the supervision of a preceptor of at least eight hours and 20 patient contacts in a hospital emergency department or medical clinic where the skills within an EMT-Intermediate scope of practice are performed under the supervision of a preceptor; and

(d) Prehospital experience of at least eight hours under the supervision of an EMT-Intermediate or above where the skills within the scope of practice of an EMT-Intermediate are performed.

(8) A Paramedic course must include:

(a) Paramedic curriculum that meets or exceeds the National Emergency Medical Services Education Standards published by the National Highway Traffic Safety Administration, January 2009 (DOT HS 811 077B);,

(b) Didactic and skills instruction;

(c) Clinical experience in hospital clinical areas where the skills within a Paramedic scope of practice are performed under the supervision of a preceptor; and

(d) A field internship that is described in OAR 333-265-0016.

(9) All EMS Provider courses must include instructions on Oregon statutes and rules governing the EMS system, medical-legal issues, roles and responsibilities of EMS Providers, and EMS professional ethics.

(10) The Authority may deny or revoke course approval in accordance with the provisions of ORS 183.310 through 185.550 for failure to comply with the requirements of this rule.

(11) A person must have a current Oregon EMT license or higher at the time of enrollment in an Advanced EMT or Paramedic course.

(12) A person must have a current Oregon Advanced EMT license at the time of enrollment in an Oregon EMT-Intermediate course.

(13) A person must maintain a current Oregon EMT license or higher throughout the interval of the Advanced EMT or Paramedic cognitive and practical exams.

(14) A person must maintain a current Oregon Advanced EMT license throughout the interval of the EMT-Intermediate cognitive and practical exams.

Stat. Auth.: ORS 682.017, 682.208

Stats. Implemented: ORS 682.017, 682.208, 682.216

Hist.: PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0015

Advanced Emergency Medical Technician Field Internships

(1) A field internship is required as part of an Advanced EMT course.

(2) A field internship must provide a student the opportunity to demonstrate the integration of didactic, psychomotor skills, and clinical education necessary to perform the duties of an entry-level AEMT.

(3) The student must successfully demonstrate a skill in the classroom lab or hospital clinical setting before that skill is performed and evaluated in a field internship.

(4) During a field internship a student must participate in providing care. All EMS calls shall be under the direct visual supervision of a preceptor. In order for a call to be accepted, the preceptor must document and verify satisfactory student performance, including application of specific assessment and treatment skills required of a licensed Advanced EMT.

(5) For purposes of this section, “EMS call” means a pre-hospital emergency medical services response requiring patient care at the advanced life support level and “ambulance call” means an advanced life support pre-hospital emergency medical services response, which includes dispatch, scene response, patient care while riding in the patient compartment of an ambulance, and participating in specific assessment and treatment skills required of a licensed Advanced EMT.

Stat. Auth.: ORS 682.017, 682.208

Stats. Implemented: ORS 682.017, 682.208, 682.216

Hist.: PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0016

Paramedic Field Internships

(1) A field internship is required as part of a Paramedic course.

(2) A field internship must provide a student the opportunity to demonstrate the integration of didactic, psychomotor skills, and clinical education necessary to perform the duties of an entry-level paramedic.

(3) The student must successfully demonstrate a skill in the classroom lab or hospital clinical setting before that skill is performed and evaluated in a field internship.

(4) During a field internship a student must participate in providing care in at least 40 EMS calls with no less than eight each in cardiac, respiratory, general medical, and trauma emergencies, and with at least 30 of the calls being advanced life support ambulance calls. All EMS calls shall be under the direct visual supervision of a preceptor. In order for a call to be accepted, the preceptor must document and verify satisfactory student performance, including application of specific assessment and treatment skills required of a licensed Paramedic.

(5) The intern must not be one of the minimum staff required for an ambulance as described in OAR chapter 333, division 250.

(6) For purposes of this section, “EMS call” means a pre-hospital emergency medical services response requiring patient care at the advanced life support level and “ambulance call” means an advanced life support pre-hospital emergency medical services response, which includes dispatch, scene response, patient care while riding in the patient compartment of an ambulance, and participating in specific assessment and treatment skills required of a licensed Paramedic.

Stat. Auth.: ORS 682.017, 682.208

Stats. Implemented: ORS 682.017, 682.208, 682.216

Hist.: PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0018

Course Director Qualifications for EMR Courses

(1) An ambulance service or entity that has contracted with the Authority to conduct an EMR course must have a qualified Course Director.

(2) An EMR Course Director must:

(a) Have appropriate training and experience to fulfill the role and have the credentials that demonstrate such training and experience;

(b) Be currently licensed in Oregon as an EMT or higher with three years of pre-hospital care experience and in good standing with the Authority, or an EMS medical director;

(c) Have a current healthcare provider CPR instructor card or certificate of course completion that meets or exceeds the 2010 American Heart Association ECC guidelines or equivalent standards approved by the Authority;

(d) Have successfully completed one of the following:

(A) The National Association of EMS Educator Course, developed by the U.S. Department of Transportation, 2002;

(B) The National Fire Protection Association (NFPA) Fire Instructor I or Fire Service Instructor I and II programs developed by the Department of Public Safety Standards and Training (DPSST);

(C) Have at least 40 hours of the Instructor Development Program offered by the DPSST; or

(D) A minimum of three college credits in adult educational theory and practice or vocational educational theory and practice from an accredited institution of higher learning.

(e) Have participated in a course director program offered by the Authority; and

(f) Agree to participate in the course director program updates offered by the Authority.

(3) An EMR Course Director:

(a) Is responsible for course planning and organizing, including scheduling lectures, coordinating, arranging, and conducting the written and practical course completion and licensure examination;

(b) Is the primary instructor, who conducts at least 50 percent of the didactic sessions, unless this requirement is waived by the Authority in advance;

(c) Must ensure, if guest instructors are used, that the guest instructor is qualified to teach the subject matter, meets requirements set forth in OAR 333-265-0020, and presents lessons that address all objectives identified in the course curriculum for the topic being presented. A guest instructor must:

(A) Be qualified and have the expertise in the specific course subject; and

(B) Follow the course curriculum and meet the course objectives for that specific subject.

(d) Must ensure that after completion of the course and successfully passing the written and practical examinations each student completes an application form prescribed by the Authority and that the completed application forms are collected and submitted to the Authority within 30 calendar days of the completion of the course.

(e) Must have written documentation showing whether a student has successfully completed the course as defined in OAR 333-265-0014.

Stat. Auth.: ORS 682.017, 682.208

Stats. Implemented: ORS 682.017, 682.208, 682.216

Hist.: PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0020

Approved EMT, AEMT, EMT-Intermediate, and Paramedic Course Director

(1) A course director for a specific course must:

(a) Be an EMS Medical Director; or

(b) Hold at least the level of Oregon licensure as the course being taught and be in good standing with the Authority, and have at least three years of experience at that licensure level or higher, and:

(A) Have a current healthcare provider CPR instructor card or certificate of course completion that meets or exceeds the 2010 American Heart Association ECC guidelines or equivalent standards approved by the Authority;

(B) Have successfully completed one of the following:

(i) The National Association of EMS Educator Course, developed by the U.S. Department of Transportation, 2002;

(ii) The National Fire Protection Association (NFPA) Fire Instructor I or Fire Service Instructor I and II programs developed by the Department of Public Safety Standards and Training (DPSST);

(iii) At least 40 hours of the Instructor Development Program offered by the DPSST; or

(iv) A minimum of three college credits in adult educational theory and practice or vocational educational theory and practice from an accredited institution of higher learning;

(C) Participated in the Course Director Program offered by the Authority; and

(D) Participated in the Course Director Program updates offered by the Authority.

(2) In addition to the Course Director requirements in section (1) of this rule, a Paramedic Course Director must:

(a) Be an EMS Medical Director and hold a current:

(A) American Board of Emergency Medicine Certificate; or

(B) Advance Cardiac Life Support (ACLS) Instructor certificate and Advance Trauma Life Support certificate or equivalent as approved by the Authority; or

(b) Be a licensed Paramedic in good standing with the Authority with at least three years of experience at the licensure level and:

(A) Possess at least an associate’s degree from an accredited institution of higher learning;

(B) Hold an Advance Cardiac Life Support (ACLS) Instructor certificate from the American Heart Association or equivalent that has been approved by the Authority; and

(C) Hold a Basic Trauma Life Support (BTLS) Instructor certificate or equivalent that has been approved by the Authority, or a Pre-hospital Trauma Life Support (PHTLS) Instructor certificate or equivalent that has been approved by the Authority.

(3) A guest instructor must:

(a) Be qualified and have the expertise in the specific course subject; and

(b) Follow the course curriculum and meet the course objectives for that specific subject.

Stat. Auth.: ORS 682.017

Stats. Implemented: ORS 682.017

Hist.: HD 8-1993, f. 6-22-93, cert. ef. 7-1-93; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0032; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0022

Program Administrator and Faculty Responsibilities

(1) A Program Administrator is responsible for course planning, the organizing and administration of courses, periodic review of courses, program evaluation, and continued development and effectiveness of courses.

(2) A course EMS Medical Director shall:

(a) Provide medical direction for the didactic, clinical and field internship portions of an EMS Provider course; and

(b) Act as the ultimate medical authority regarding course content, procedures and protocols.

(3) A Course Director for a specific course:

(a) Is responsible for course planning and organizing, including scheduling lectures, coordinating and arranging clinical rotations, and field internships;

(b) Is the primary instructor, who conducts at least 50 percent of the didactic sessions, unless this requirement is waived by the Authority in advance;

(c) Must ensure, if guest instructors are used, that the guest instructor is qualified to teach the subject matter, meets requirement set forth in OAR 333-265-0020, and presents lessons that address all objectives identified in the course curriculum for the topic being presented;

(d) Must ensure that:

(A) On the first day of class each student completes a registration form prescribed by the Authority;

(B) Each student is informed that failure to complete a registration form will make them ineligible to take the licensure exam; and

(C) The completed registration forms are collected and submitted to the Authority within 21 calendar days of the first day of class.

(e) Must have written documentation showing whether a student has successfully completed the course as defined in OAR 333-265-0014.

Stat. Auth.: ORS 682.017

Stats. Implemented: ORS 682.017

Hist.: PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0023

EMS Provider Examinations

(1) In order to be an EMR, a candidate must take and pass a cognitive and practical licensure examination.

(2) The EMR cognitive and practical examinations must be administered by an entity approved by the Authority to conduct EMR courses. An approved entity must use an Authority approved cognitive and practical exam. The National Registry of Emergency Medical Technicians cognitive examination for EMRs may also be used.

(3) EMT, Advanced Emergency Medical Technician and Paramedic candidates must complete the cognitive examination designated by the National Registry of EMTs. The fee for this exam must be paid directly to the National Registry of EMTs.

(4) EMT-Intermediate students must complete a cognitive examination designated by the Authority.

(5) The EMT and EMT-Intermediate examinations for licensure will be administered by a Licensing Officer and hosted by a teaching institution that offers EMT and EMT-Intermediate courses.

(6) An Advanced EMT and Paramedic practical examination is a National Registry of EMTs examination offered at various times during the year by the Authority. An Advanced EMT or Paramedic candidate may also take the appropriate practical examination in any state.

(7) The Authority or the National Registry of EMTs shall establish the passing scores of all cognitive and practical licensure examinations.

(8) An EMT candidate who fails:

(a) Not more than two skill stations of the EMT practical examination may retest those skill stations failed on the same day with no additional charge by the Authority.

(b) An EMT skill station a second time must submit a re-examination fee to the Authority and be scheduled through his or her teaching institution to retest any skill station failed.

(c) More than two skill stations of the EMT practical examination must schedule a retest for a separate day through his or her teaching institution, and submit a re-examination fee to the Authority.

(9) An EMT-Intermediate candidate who fails:

(a) Not more than three skill stations of the EMT-Intermediate practical examination may retest those skill stations failed on the same day with no additional charge by the Authority.

(b) An EMT-Intermediate skill station a second time must submit a re-examination fee and be scheduled through the Authority to retest any skill station failed.

(c) More than three skill stations of the EMT-Intermediate practical examination must schedule a retest for a separate day, and submit a re-examination fee to the Authority.

(10) If a candidate fails either the cognitive or practical examination three times, the candidate must successfully complete an Authority approved refresher course for that specific license level to become eligible to re-enter the licensure process. Following successful completion of a refresher course, a candidate must re-take and pass both the cognitive and practical examination within three additional attempts.

(11) The passing results of the cognitive and practical licensure examinations for each level of licensure will remain valid for a 12-month period from the date the examination was successfully completed. A candidate not successfully completing the failed portion of an examination within that 12-month period shall be required to repeat the entire cognitive and practical examinations.

(12) A candidate must pass both the cognitive and practical examinations within 24 months after the completion of the required courses.

(13) A candidate who fails the cognitive or practical examination six times or does not complete the examination process within 24 months of the completion date of the initial required courses, must successfully complete the entire EMT, AEMT, EMT-Intermediate, or Paramedic course for that license level and reapply for licensure.

(14) The entity providing a cognitive examination must have a policy for the accommodation of a person with a documented learning disability.

(15) No accommodation shall be provided for a practical licensure examination.

(16) EMT and EMT-Intermediate practical examinations must be attended by an Authority approved Licensing Officer that:

(a) Is licensed in Oregon at least at the level of examination they are administering with at least two years field experience at that level or above and is in good standing with the Authority; and

(b) Has completed training offered by the Authority explaining the role and responsibilities of a Licensing Officer.

Stat. Auth.: ORS 682.017, ORS 682.208, & ORS 682.216

Stats. Implemented: ORS 682.017, 682.208, 682.216

Hist.: PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0025

Application Process to Obtain an EMS Provider License

(1) For any person to act as an EMS Provider a license must be obtained from the Authority.

(2) An applicant for EMR must:

(a) Be at least 16 years of age;

(b) Submit proof of successfully completing an approved course, including completion of all clinical and internship requirements, if applicable;

(c) Submit proof of passing the required cognitive and practical examinations;

(d) Submit a completed application on a form prescribed by the Authority along with the applicable fee;

(e) Consent to a criminal background check through the Law Enforcement Data System (LEDS), including a nationwide criminal record check by fingerprint identification under the authority of ORS 181.534 and 181.537 if required; and

(f) Provide authorization for the release of information, as necessary, from any persons or entities, including but not limited to educational institutions, employers, hospitals, treatment facilities, institutions, organization, governmental or law enforcement agencies.

(3) An individual who wishes to become licensed as an EMT, Advanced EMT, EMT-Intermediate, or Paramedic shall:

(a) Be at least 18 years of age;

(b) Submit a completed application on a form prescribed by the Authority along with the applicable fee;

(c) Submit proof of successfully completing an approved course, including all clinical and internship requirements if applicable;

(d) Submit proof of passing the required cognitive and practical examinations;

(e) For an EMT, Advanced EMT or EMT-Intermediate applicant, submit proof that the applicant received a high school diploma or equivalent or a degree from an accredited institution of higher learning;

(f) For a Paramedic applicant submit proof that the applicant has received an associate’s degree or higher from an accredited institution of higher learning;

(g) Consent to a criminal background check through the Law Enforcement Data System (LEDS), including a nationwide criminal record check by fingerprint identification under the authority of ORS 181.534 and 181.537 if required;

(h) Provide an authorization for the release of information, as necessary, from any persons or entities, including but not limited to educational institutions, employers, hospitals, treatment facilities, institutions, organizations, governmental or law enforcement agencies in order for the Authority to complete the review of the application; and

(4) EMT and EMT-Intermediate applications for licensure must be received by the Authority three weeks prior to the date of the licensing practical examination.

(5) Advanced EMT and Paramedic applications for licensure must be received by the Authority four weeks prior to the date of the practical examinations.

(6) Any fee for a criminal background check through LEDS or a nationwide criminal background check shall be the responsibility of the applicant.

(7) An applicant for an initial license as an EMS Provider, who completed training in a program outside Oregon and has never been licensed in another state, must:

(a) Meet all requirements for that level as established in OAR 333-265-0000 through 333-265-0023;

(b) Demonstrate proof of current National Registry certification; and

(c) Make application within 24 months from the date that their training program was completed, unless an applicant has been on active duty in the military within the last four years and in that case, the application may be submitted more than 24 months from the date the training program was completed.

(8) An initial license must not exceed 30 months.

(9) If an applicant has been on active duty in the military within the past four years and the applicant can demonstrate proof of current National Registry certification for the level of license desired, current licensure in another state is not mandatory.

(10) The Authority may return any application that is incomplete or is not accompanied by the appropriate fee.

Stat. Auth.: ORS 682.017, 682.028 & 682.208

Stats. Implemented: ORS 682.017, 682.028 & 682.208

Hist.: OHD 9-2001, f. & cert. ef. 4-24-01; Hist.: PH 10-2008, f. & cert. ef. 6-16-08; PH 11-2008(Temp), f. 6-19-08, cert. ef. 6-20-08 thru 12-12-08; Administrative correction 12-22-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0030

Fees for Licensure and License Renewal of an EMS Provider

(1) Beginning on July 1, 2011 through June 30, 2013 the following fees apply:

(a) Initial application for EMR — $40;

(b) The initial application and same-day practical examination fees for EMTs:

(A) EMT — $100;

(B) Advanced EMT — $110

(C) EMT-Intermediate — $110; and

(D) Paramedic — $275.

(c) Cognitive re-examination fees for EMT-Intermediate — $60.

(d) Practical re-examination fees:

(A) EMT — $50;

(B) Advanced EMT — $75

(C) EMT-Intermediate — $75; and

(D) Paramedic — $95.

(e) Reciprocity licensure fees:

(A) EMR — $40;

(B) EMT — $125;

(C) Advanced EMT — $150

(D) EMT-Intermediate — $150; and

(E) Paramedic — $300.

(f) Provisional licensure fee is an additional $50.

(g) License renewal fees:

(A) EMR — $20;

(B) EMT — $50;

(C) Advanced EMT — $80

(D) EMT-Intermediate — $80; and

(E) Paramedic — $140.

(2) Beginning on July 1, 2013 the following fees apply:

(a) Initial application for EMR — $45;

(b) The initial application and same-day practical examination fees for EMTs:

(A) EMT — $110;

(B) Advanced EMT — $125

(C) EMT-Intermediate — $125; and

(D) Paramedic — $290.

(c) Cognitive re-examination fees for EMT-Intermediate — $60.

(d) Practical re-examination fees:

(A) EMT — $55;

(B) Advanced EMT — $85

(C) EMT-Intermediate — $85; and

(D) Paramedic — $100.

(e) Reciprocity licensure fees:

(A) EMR — $50;

(B) EMT — $140;

(C) Advanced EMT — $165

(D) EMT-Intermediate — $165; and

(E) Paramedic — $300.

(f) Provisional licensure fee is an additional $50.

(g) License renewal fees:

(A) Licensed EMR — $23;

(B) EMT — $55;

(C) Advanced EMT — $85

(D) EMT-Intermediate — $85; and

(E) Paramedic — $150.

(3) As authorized by ORS 682.216, a license renewal application submitted or postmarked after May 1 of the license renewal year must include a $40 late fee in addition to the license renewal fee.

(4) If an EMS Provider has been on active military duty for more than six months of a license renewal period which prevented them from accessing continuing education, the Authority may approve an extension of the current license to permit obtaining the required educational hours.

(5) An ambulance service or rescue service which utilizes volunteers to provide a majority of its services may request that the Authority waive the EMS Provider license renewal fee for its volunteers by applying for a waiver on forms prescribed by the Authority that includes:

(a) A statement certifying that the ambulance or rescue service is unable to maintain an adequate number of volunteer EMS Providers due to the required EMS Provider license renewal fees; and

(b) A copy of a signed agreement between the volunteer service and the volunteer EMS Provider attached to the EMS Provider’s application for license renewal specifying that the EMS Provider:

(A) Is not employed as an EMS Provider elsewhere;

(B) Will be affiliated with the volunteer service for the entire upcoming licensure period;

(C) Will be scheduled monthly to staff the ambulance or rescue service; and

(D) Will immediately pay the Authority the required current EMS Provider license renewal fee if the EMS Provider is not scheduled monthly or is no longer affiliated with a volunteer ambulance or rescue service and wants to remain licensed as an EMS Provider.

(6) An Oregon-licensed EMS Provider wishing to obtain a duplicate EMS Provider license must submit a written request to the Authority in the form required by the Authority and pay a fee in the amount of $25.

(7) All fees established in this section are nonrefundable except that the Authority may waive a subsequent examination fee for a person who fails to appear for an examination due to circumstances that are beyond the control of the candidate.

(8) The fees established in sections (1) and (2) of this rule apply to any application submitted on or after the effective date of these rules.

Stat. Auth.: ORS 682.017, 682.212, 682.216

Stats. Implemented: ORS 682.017, 682.212, 682.216

Hist.: HD 19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0017; HD 8-1995, f. & cert. ef. 11-6-95; OHD 2-1999, f. & cert. ef. 2-4-99; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0040

Licensure as an EMS Provider

(1) The Authority will review an application for licensure as an EMS Provider and will conduct a criminal background check.

(2) If there are no issues that arise during the review of the application and the applicant meets all the requirements of ORS chapter 682 and these rules, the Authority will grant the applicant a license.

(3) If the applicant does not meet the standards for licensure or there are criminal history or personal history issues that call into question the ability of the applicant to perform the duties of a licensed EMS Provider in accordance with ORS Chapter 682 or these rules, the Authority may deny the applicant on the basis of the information provided in the application, or conduct an additional investigation in accordance with OAR 333-265-0085.

(4) Following an investigation the Authority may:

(a) Deny the application;

(b) Grant the application but place the applicant on probation;

(c) Grant the application but place practice restrictions on the applicant; or

(d) Grant the application if the criminal or personal history issues were resolved through the investigation to the Authority’s satisfaction.

(5) Final actions taken by the Authority in denying an applicant, placing an applicant on probation, or by placing restrictions on the applicant’s practice shall be done in accordance with ORS Chapter 183.

(6) Nothing in this rule precludes the Authority from taking an action authorized in ORS Chapter 682.

(7) The licenses of EMRs expire on June 30 of even-numbered years.

(8) The licenses of EMTs, Advanced EMTs, EMT-Intermediates and Paramedics expire on June 30 of odd-numbered years.

Stat. Auth.: ORS 682.017, 682.208, 682.216

Stats. Implemented: ORS 682.017, 682.208, 682.216

Hist.: HD 63, f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0615; HD 19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0015; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 11-2008(Temp), f. 6-19-08, cert. ef. 6-20-08 thru 12-12-08; Administrative correction 12-22-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0050

EMS Provider Licensure by Reciprocity

(1) A person licensed with another state as an EMS Provider and registered with the National Registry of EMT’s as an EMR, First Responder, EMT, EMT-Basic, Advanced EMT, EMT-Intermediate I-99, EMT-Intermediate I-85, Paramedic, or EMT-Paramedic may apply to the Authority for licensure by reciprocity until January 1, 2015 at which time only National Registry EMR, EMT, Advanced EMT, and Paramedic will be accepted for reciprocity.

(a) A National Registry EMT-Intermediate I-99 may apply for an Oregon EMT-Intermediate licensure by reciprocity until January 1, 2015 at which time National Registry EMT-Intermediate I-99 will no longer be accepted for reciprocity.

(b) A National Registry EMT-Intermediate I-85 may apply for an EMT licensure by reciprocity until January 1, 2015 at which time National Registry EMT-Intermediate I-85 will no longer be accepted for reciprocity.

(2) A person applying for Oregon EMS Provider licensure by reciprocity shall:

(a) Submit a completed application on a form prescribed by the Authority along with the applicable nonrefundable fee;

(b) Submit documentation of the EMS Provider training which meets or exceeds the requirements for Oregon EMS Provider licensure at the level of licensure for which the person is applying;

(c) If applying for Paramedic licensure by reciprocity, submit proof of having received an associate’s degree or higher from an accredited institution of higher learning or submit proof of having worked for at least three years out of the last five years as a paramedic in either another state or in the United States military at the National Registry Paramedic level.

(d) Be in good standing with the applicant’s current licensing agency and with the National Registry of EMTs; and

(e) Consent to a criminal background check in accordance with OAR 333-265-0025(3).

(3) The Authority shall review an application for licensure by reciprocity and shall conduct a criminal background check.

(4) If there are no issues that arise during the review of the application and the applicant meets all the applicable requirements of ORS Chapter 682 and these rules, the Authority shall grant the applicant a license by reciprocity.

(5) If the applicant does not meet the standards for licensure, or there are criminal history or personal history issues that call into question the ability of the applicant to perform the duties of a licensed EMS Provider, in accordance with ORS chapter 682 or these rules, the Authority may deny the application on the basis of the information provided, or conduct an additional investigation in accordance with OAR 333-265-0085. Following such an investigation the Authority may take any action as specified in OAR 333-265-0040(4).

(6) The Authority shall be the sole agency authorized to determine equivalency of course work presented from an out of state accredited institution of higher learning.

(7) The Authority shall be the sole agency authorized to determine equivalency of work experience in lieu of the associate degree requirement for Paramedics.

(8) The Authority shall return any application that is incomplete, or cannot be verified.

Stat. Auth.: ORS 682.017, 682.216

Stats. Implemented: ORS 682.017, 682.216

Hist.: HD 63, f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0620; HD 19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 18-1990(Temp), f. & cert. ef. 6-19-90; HD 19-1991, f. & cert. ef. 10-18-91; HD 8-1993, f. 6-22-93, cert. ef. 7-1-93; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0020; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 1-2011, f. & cert. ef. 1-6-11; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0060

Paramedic Provisional Licensure

(1) As authorized by ORS 682.216, the Authority may issue a provisional Paramedic license to an out-of-state licensed Paramedic who meets the requirements in OAR 333-265-0050, except for the educational requirements in OAR 333-265-0050(3)(a) and is in the process of obtaining an associate’s degree or higher from an accredited institution for higher learning.

(2) An applicant shall comply with the application requirements in OAR 333-265-0050 and shall submit:

(a) A letter of recommendation from the applicant’s most recent Medical Director;

(b) A letter from an Oregon EMS agency specifying that the person shall be immediately employed or has a conditional offer of employment, whether in a paid or volunteer capacity; and

(c) A letter from the applicant’s prospective EMS Medical Director stating that the EMS Medical Director will serve as his or her EMS Medical Director while being provisionally licensed.

(3) The Authority may return any application that is incomplete, cannot be verified, or is not accompanied by the appropriate fee.

(4) A Paramedic with a provisional license issued under these rules shall enter into an agreement with the Authority and shall submit quarterly reports to the Authority describing the license holder’s progress in obtaining an associate’s degree or higher from an accredited institution for higher learning.

(5) A Paramedic provisional license shall be revoked if the person:

(a) Ceases active involvement in emergency medical services;

(b) Fails to meet the conditions set forth in the agreement;

(c) Fails to cooperate or actively participate in a request from the Authority in order to obtain more information or required materials;

(d) Has his or her EMS Provider scope of practice revoked or restricted by his or her EMS Medical Director; or

(e) Does not submit written documentation of the successful completion of any of the educational requirements set out in this rule.

Stat. Auth.: ORS 682.017, 682.216

Stats. Implemented: ORS 682.017, 682.216

Hist.: HD 18-1994, 6-30-94, cert. ef. 7-1-94; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0070

Licensure as an EMS Provider of Any Person in Another State

(1) Any person who provides pre-hospital emergency or non-emergency care in Oregon must be licensed as an Oregon EMS Provider and function under an Authority-approved EMS Medical Director.

(2) Oregon EMS Provider licensure is not required when:

(a) Specifically exempted by ORS 682.035;

(b) An out-of-state licensed EMS Provider is transporting a patient through the state;

(c) An out-of-state licensed EMS Provider is caring for and transporting a patient from an Oregon medical facility to an out-of-state medical facility or other out-of-state location;

(d) An out-of-state licensed EMS Provider is caring for and transporting a patient originating from outside of Oregon to a medical facility or other location in Oregon; or

(e) A disaster or public health emergency has been declared under ORS Chapter 401 or 433 and licensing provisions have been waived by the Governor.

Stat. Auth.: ORS 682.017, 682.204

Stats. Implemented: ORS 682.017, 682.204

Hist.: HD 63, f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0625; HD 19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0025; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0080

Reportable Events; Investigations and Discipline of License Holders

(1) In accordance with ORS 676.150 and using a form prescribed by the Authority, EMS Providers must notify the Authority of the actions or events listed in section (3) of this rule. Failure to comply with the reporting requirements of this rule may result in disciplinary action against the EMS Provider.

(2) An EMS Provider who has reasonable cause to believe another EMS Provider has engaged in prohibited, dishonorable or unprofessional conduct as defined in ORS 676.150, 682.025 and 682.220 shall report that conduct to the Authority without undue delay, within 10 days, after the EMS Provider learns of the conduct unless state or federal laws relating to confidentiality or the protection of health information prohibit such a disclosure.

(3) Within 10 calendar days an EMS Provider shall report to the Authority the following:

(a) Conviction of a misdemeanor or felony;

(b) A felony arrest;

(c) A disciplinary restriction placed on a scope of practice of the license holder by the EMS Medical Director;

(d) A legal action being filed against the license holder alleging medical malpractice or misconduct;

(e) A physical disability that affects the ability of the license holder to meet the Functional Job Analysis, Appendix A of the EMT, National Standard Curriculum, incorporated by reference, and the license holder continues to respond to calls and is providing patient care; or

(f) A change in mental health which may affect a license holder’s ability to perform as a licensed EMS Provider.

(4) State or federal laws relating to confidentiality or the protection of health information that might prohibit an EMS Provider from reporting prohibited or unprofessional conduct include but are not limited to:

(a) Public Law 104-191, 42 CFR Parts 160, 162, and 164 (The Health Insurance Portability and Accountability Act, HIPAA);

(b) 42 CFR Part 2 (federal law protecting drug and alcohol treatment information);

(c) ORS 192.518 through 192.529 (state law protecting health information); and

(d) ORS 179.505 (written accounts by health care providers).

Stat. Auth.: ORS 682.017, 682.220, 682.224

Stats. Implemented: ORS 682.017, 682.220, 682.224

Hist.: HD 63, f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0635; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0035; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0083

Conduct or Practice Contrary to Recognized Standards of Ethics

 The following list includes, but is not limited to, conduct or practice by an EMS Provider that the Authority considers to be contrary to the recognized standards of ethics of the medical profession:

(1) Knowing or willful violation of patient privacy or confidentiality by releasing information to persons not directly involved in the care or treatment of the patient;

(2) Illegal drug use on or off duty;

(3) Alcohol use within eight hours of going on duty or while on duty or in an on-call status;

(4) Violation of direct verbal orders from a physician who is responsible for the care of a patient;

(5) Violation of orders given by an online medical resource physician, whether delivered by radio or telephone;

(6) Violation of standing orders without cause and documentation;

(7) Use of invasive medical procedures in violation of generally accepted standards of the medical community;

(8) Any action that constitutes a violation of any statute, municipal code, or administrative rule that endangers the public, other public safety officials, other EMS Provider, patients, or the general public (including improper operation of an emergency medical vehicle);

(9) Instructing, causing or contributing to another individual violating a statute or administrative rule, including EMS Provider acting in a supervisory capacity;

(10) Participation in the issuance of false continuing education documents or collaboration therein, including issuing continuing education verification to one who did not legitimately attend an educational event;

(11) Signing-in to an educational event for a person not actually present;

(12) Knowingly assisting or permitting another EMS Provider to exceed his or her lawful scope of practice;

(13) Unlawful use of emergency vehicle lights and sirens;

(14) Providing false or misleading information to the Authority, to the State EMS Committee, to the Subcommittee on EMT Licensure and Discipline, to an EMS teaching institution or clinical/field internship agency;

(15) Responding to scenes in which the EMS Provider is not properly dispatched (“call-jumping”), whether in a private auto, ambulance, or other vehicle, in contravention of local protocols, procedures, or ordinances, or interfering with the safe and effective operation of an EMS system;

(16) Cheating on any examination used to measure EMS related knowledge or skills;

(17) Assisting another person in obtaining an unfair advantage on an EMS Provider examination;

(18) Defrauding the Authority;

(19) Knowingly providing emergency medical care aboard an unlicensed ambulance;

(20) Violation of the terms of a written agreement with the Authority or an order issued by the Authority;

(21) Sexual misconduct that includes but is not limited to:

(a) Sexual harassment; and

(b) Engaging or attempting to engage in a sexual relationship, whether or not the sexual relationship is consensual, with a patient, client, or key party;

(c) Using the EMT-patient, EMT-client, or EMT-key party relationship to exploit the patient, client or key party by gaining sexual favors from the patient, client or key party.

(22) Arriving for duty impaired or in a condition whereby the EMS Provider is likely to become impaired through fatigue, illness, or any other cause, as to make it unsafe for the employee to begin to operate an ambulance or provide patient care;

(23) Failure to cooperate with the Authority in an investigation, including failure to comply with a request for records, or a psychological, physical, psychiatric, alcohol or chemical dependency assessment; and

(24) Any violation of these rules or any law, administrative rule, or regulation governing ambulances, EMS Providers, or emergency medical service systems.

Stat. Auth.: ORS 682.017

Stats. Implemented: ORS 682.017, 682.220, 682.224

Hist.: PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0085

Investigations

(1) The Authority may conduct an investigation of an EMS Provider if:

(a) The Authority receives a complaint concerning an EMS Provider;

(b) Personal or criminal history questions arise during a review of an application that raise questions about the EMS Provider’s ability to safely perform the duties of an EMS Provider;

(c) A reportable action is received pursuant to OAR 333-265-0080; or

(d) The Authority receives information in any manner that indicates an EMS Provider has violated ORS chapter 682 or these rules, may be medically incompetent, guilty of prohibited, unprofessional or dishonorable conduct or mentally or physically unable to safely function as an EMS Provider.

(2) The Authority may investigate the off-duty conduct of an EMS Provider to the extent that such conduct may reasonably raise questions about the ability of the EMS Provider to perform the duties of an EMS Provider in accordance with the standards established by this division.

(3) Upon receipt of a complaint about an EMS Provider or applicant, the Authority may conduct an investigation as described under ORS 676.165 and 682.220. Investigations shall be conducted in accordance with ORS 676.175.

(4) The fact that an investigation is conducted by the Authority does not imply that disciplinary action will be taken.

(5) During an investigation the Authority may do any of the following:

(a) Request additional information from the EMS Provider;

(b) Conduct a phone or in-person interview; or

(c) Request or order that the EMS Provider undergo a psychological, physical, psychiatric, alcohol or chemical dependency assessment.

Stat. Auth.: ORS 676.165, 676.175

Stats. Implemented: ORS 682.017, 682.220, 682.224

Hist.: PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0087

Discipline

(1) Upon completion of an investigation the Authority may do any of the following:

(a) Close the investigation and take no action;

(b) Issue a letter of reprimand or instruction;

(c) Place the EMS Provider on probation;

(d) Place a practice restriction on the EMS Provider;

(e) Suspend the EMS Provider;

(f) Revoke the license of the EMS Provider;

(g) Enter into a stipulated agreement with the EMS Provider to impose discipline; or

(h) Take such other disciplinary action as the Authority, in its discretion, finds proper, including assessment of a civil penalty not to exceed $5,000.

(2) Any disciplinary action taken by the Authority will be done in accordance with ORS Chapter 183.

(3) The Authority may assess the costs of a disciplinary proceeding against an EMS Provider. Costs may include, but are not limited to:

(a) Costs incurred by the Authority in conducting the investigation;

(b) Costs of any evaluation or assessment requested by the Authority; and

(c) Attorney fees.

(4) Voluntary Surrender:

(a) An EMS Provider may voluntarily surrender his or her license if the EMS Provider submits a written request to the Authority specifying the reason for the surrender and the Authority agrees to accept the voluntary surrender.

(b) The Authority may accept a voluntary surrender of the EMS Provider on the condition that the EMS Provider does not reapply for licensure, or agrees not to reapply for a specified period of time.

(5) If an EMS Provider who voluntarily surrendered his or her EMS Provider license applies for reinstatement, the Authority may deny that person’s application if the Authority finds that the person has committed an act that would have resulted in discipline being imposed while they were previously licensed.

(6) If an EMS Provider’s license is revoked he or she may not reapply for licensure for at least two years from the date of the final order revoking the license.

Stat. Auth.: ORS 682.017, 682.220, 682.224

Stats. Implemented: ORS 682.017, 682.220, 682.224

Hist.: PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0090

Reverting to a Lower Level of EMT Licensure

(1) An EMT, Advanced EMT, EMT-Intermediate, or Paramedic may revert to a lower level of licensure at any time during a license period if the EMT, Advanced EMT, EMT-Intermediate, or Paramedic:

(a) Submits a written request to the Authority specifying the reason for the change in the licensure level;

(b) Submits an application for license renewal for the lower level of licensure sought with the appropriate fee;

(c) Surrenders his or her current EMT, Advanced EMT, EMT-Intermediate, or Paramedic license to the Authority;

(d) Is in good standing with the Authority;

(e) Adequately documents appropriate continuing education hours and courses for the licensure level the individual would revert to; and

(f) Receives written approval from the Authority for a change in licensure level.

(2) If an EMT, Advanced EMT, EMT-Intermediate, or Paramedic requests reinstatement of the higher level of licensure within one year of reverting to a lower level of licensure the EMT, Advanced EMT, EMT-Intermediate, or Paramedic must complete the requirements specified in OAR 333-265-0100(3) and 333-265-0105.

(3) If an EMT, Advanced EMT, EMT-Intermediate, or Paramedic requests reinstatement of the higher level of licensure after one year, but less than two years the EMT, Advanced EMT, EMT-Intermediate, or Paramedic must complete the requirements specified in OAR 333-265-0105.

Stat. Auth.: ORS 682.017, 682.216

Stats. Implemented: ORS 682.017, 682.216

Hist.: HD 19-1991, f. & cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0037; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 16-2010(Temp), f. & cert. ef. 7-16-10 thru 1-1-11; PH 1-2011, f. & cert. ef. 1-6-11; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0100

Expiration and Renewal of EMS Provider License

(1) The licenses of EMRs expire on June 30 of even-numbered years.

(2) The licenses of EMTs, Advanced EMTs, EMT-Intermediates and Paramedics expire on June 30 of odd-numbered years.

(3) An applicant for license renewal must:

(a) Complete and sign an application form prescribed by the Authority certifying that the information in the application is correct and truthful;

(b) Meet the requirements of ORS Chapter 682 and these rules;

(c) Consent to a criminal background check in accordance with OAR 333-265-0025(3);

(d) Provide an authorization for the release of information to the Authority, as necessary, from any persons or entities, including but not limited to employers, educational institutions, hospitals, treatment facilities, institutions, organizations, governmental or law enforcement agencies in order for the Authority to make a complete review of the application.

(e) Complete the continuing education requirements in OAR 333-265-0110; and

(f) Submit a fee set out in OAR 333-265-0030.

Stat. Auth.: ORS 682.017, 682.216

Stats. Implemented: ORS 682.017, 682.216

Hist.: HD 63, f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0640; HD 19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD 18-1994, 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0040; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0105

Reinstatement of an EMS Provider License

(1) To reinstate an expired Oregon EMR, EMT, Advanced EMT, EMT-Intermediate, or Paramedic license that has been expired for less than one year, an applicant must:

(a) Submit a completed application for license renewal;

(b) Submit the appropriate license renewal fee plus a late fee; and

(c) Provide evidence of completion of continuing education requirements as specified in Appendices 1 through 3, incorporated by reference, and courses completed from the license holder’s last successful application through the date of the present application for license renewal, as specified in this rule:

(A) EMR before July 1, 2012 or on or after July 1, 2014 refer to Appendix 1;

(B) EMR on or after July 1, 2012 but before July 1, 2014 refer to Appendix 2;

(C) EMT, AEMT, EMT-Intermediate, and Paramedic before July 1, 2013 or on or after July 1, 2015 refer to Appendix 1;

(D) EMT, AEMT, EMT-Intermediate, and Paramedic on or after July 1, 2013 but before July 1, 2015 refer to Appendix 3;

(2) Reinstatement of an EMR license that has been expired for more than one year is not available.

(3) To reinstate an Oregon EMT, EMT-Intermediate, or EMT Paramedic license that has been expired for more than one year, but less than two years, a license holder must submit a completed application for licensure with the appropriate fee and successfully complete an Authority approved reinstatement program described in these rules.

(4) Reinstatement program for an EMT:

(a) Obtain an American Heart Association “Health Care Provider,” or American Red Cross “Basic Life Support for the Professional Rescuer,” or other Authority approved equivalent CPR course completion document;

(b) Complete the EMT Authority approved Refresher Training Program;

(c) Pass the EMT cognitive and practical examinations within three attempts, including a same-day re-examination; and

(d) Complete the above listed program requirements within 730 calendar days from expiration date.

(5) Reinstatement program for an Advanced EMT:

(a) Obtain an American Heart Association “Health Care Provider,” or American Red Cross “Basic Life Support for the Professional Rescuer,” or other Authority approved equivalent CPR course completion document;

(b) Complete a Basic Trauma Life Support (BTLS) course, or Pre-Hospital Trauma Life Support (PHTLS) course, provider or instructor course; and

(c) Complete the above listed program requirements within 730 calendar days from expiration date.

(6) Reinstatement program for an EMT-Intermediate:

(a) Obtain an American Heart Association “Health Care Provider,” or American Red Cross “Basic Life Support for the Professional Rescuer,” or other Authority approved equivalent CPR course completion document;

(b) Complete an Authority approved EMT-Intermediate refresher course consisting of at least:

(A) Thirty six hours of didactic instruction;

(B) Demonstration of five supervised and documented successful pharyngeal esophageal airway device placements (mannequin permitted) and five supervised and documented successful intravenous line placements (mannequin permitted);

(c) Pass the EMT-Intermediate cognitive and practical examination within three attempts, including the same day re-examination; and

(d) Complete the above listed program requirements within 730 calendar days from expiration date.

(7) Reinstatement program for a Paramedic:

(a) Complete an Advanced Cardiac Life Support (ACLS) course, provider or instructor course;

(b) Complete a Basic Trauma Life Support (BTLS) course, or Pre-Hospital Trauma Life Support (PHTLS) course, provider or instructor course;

(c) Complete an Advanced Pediatric Life Support (APLS), Pediatric Advanced Life Support (PALS), Pediatric Education for Pre-hospital Professionals (PEPP), or Neonatal Advance Life Support (NALS) course, provider or instructor course;

(d) Complete the U.S. Department of Transportation, National Highway Traffic Safety Administration 2001 Paramedic: National Standard Curriculum Refresher Training Program, incorporated by reference;

(e) Pass the Paramedic cognitive and practical examinations within three attempts, including the same-day re-examination;

(f) Complete the above listed program requirements within two years of applying for reinstatement; and

(g) Document completion of a DOT Paramedic Training Program taken after January 1, 1977.

(h) If the requirements described in OAR 333-265-0105(6) cannot be met prior to 730 calendar days from expiration date an applicant must follow the National Registry’s re-entry requirements to obtain a new National Registry certification before applying for a new license as outlined in OAR 333-265-0025.

[ED. NOTE: Appendices referenced are not included in rule text.]

Stat. Auth.: ORS 682.216

Stats. Implemented: ORS 682.017, 682.216

Hist.: PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 16-2010(Temp), f. & cert. ef. 7-16-10 thru 1-1-11; PH 1-2011, f. & cert. ef. 1-6-11; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0110

Licensed EMS Provider Continuing Education Requirements for License Renewal

(1) An EMR is required to:

(a) Complete 12 hours of continuing education as specified in Appendix 1, incorporated by reference;

(b) On or after July 1, 2012 but before July 1, 2014 an EMR must complete 12 hours of continuing education as specified in Appendix 2, incorporated by reference during which period a current National Registry of Emergency Medical Technicians certification will not be accepted in lieu of requirements listed in Appendix 2

(c) On or after July 1, 2014 an EMR must complete 12 hours of continuing education as specified in Appendix 1, incorporated by reference; or

(d) Complete all requirements of the National Registry of Emergency Medical Technicians for EMR re-registration.

(2) An EMT is required to:

(a) Complete 24 hours of continuing education as specified in Appendix 1, incorporated by reference;

(b) On or after July 1, 2013 but before July 1, 2015 an EMT must complete 24 hours of continuing education as specified in Appendix 3, incorporated by reference during which period a current National Registry of Emergency Medical Technicians certification will not be accepted in lieu of requirements listed in Appendix 3;

(c) On or after July 1, 2015 an EMT must complete 24 hours of continuing education as specified in Appendix 1, incorporated by reference; or

(d) Complete all requirements of the National Registry of EMT or Emergency Medical Technician re-registration.

(3) An Advanced EMT is required to:

(a) Complete 36 hours of continuing education as specified in Appendix 1, incorporated by reference;

(b) On or after July 1, 2013 but before July 1, 2015 an Advanced EMT must complete 36 hours of continuing education as specified in Appendix 3, incorporated by reference during which period a current National Registry of Emergency Medical Technicians certification will not be accepted in lieu of requirements listed in Appendix 3;

(c) On or after July 1, 2015 an Advanced EMT must complete 36 hours of continuing education as specified in Appendix 1, incorporated by reference; or

(d) Complete all requirements of the National Registry of EMTs re-registration.

(4) An EMT-Intermediate is required to:

(a) Complete a course with published standards and guidelines for cardiopulmonary resuscitation and emergency cardiac care in which the EMT has demonstrated knowledge and skills in the performance of subcutaneous (SQ) injections, automated external defibrillator (AED) operation, one and two person rescuer cardiopulmonary resuscitation (adult, child, and infant) and relief of foreign body airway obstruction; and

(b) Obtain at least 36 hours of continuing education as specified in Appendix 1, incorporated by reference; or

(c) On or after July 1, 2013 but before July 1, 2015 an EMT-Intermediate must complete 36 hours of continuing education as specified in Appendix 3, incorporated by reference during which period a current National Registry of Emergency Medical Technicians certification will not be accepted in lieu of requirements listed in Appendix 3; or

(d) On or after July 1, 2015 an EMT-Intermediate must complete 36 hours of continuing education as specified in Appendix 1, incorporated by reference.

(5) A Paramedic is required to:

(a) Complete all requirements of the National Registry of EMTs re-registration; or

(b) Obtain at least 48 hours of continuing education as specified in Appendix 1, incorporated by reference; or

(c) On or after July 1, 2013 but before July 1, 2015 a Paramedic must complete 48 hours of continuing education as specified in Appendix 3, incorporated by reference during which period a current National Registry of Emergency Medical Technicians certification will not be accepted in lieu of requirements listed in Appendix 3; or

(d) On or after July 1, 2015 a Paramedic must complete 48 hours of continuing education as specified in Appendix 1, incorporated by reference.

(6) All continuing education credits specified in sections (1) through (5) of this rule shall be completed between the date of the license holder’s last successful application to the date of the license holder’s current license renewal application.

(7) Continuing education credit shall be granted for:

(a) Attending training seminars, educational conferences, and continuing education classes within the license holder’s scope of practice;

(b) Attending approved courses for the same or higher level of licensure;

(c) Online continuing education that provides a certificate of completion and is approved by the Continuing Education Coordinating Board for Emergency Medical Services (CECBEMS);

(d) Related accredited college courses will count one hour per credit hour received; and

(e) Authority approved license renewal courses.

(8) Up to 50 percent of the hours of continuing education credits for each subject listed in section 1 of the appropriate Appendix as incorporated by reference may be obtained by:

(a) Watching a video, CD-ROM, or other visual media;

(b) Being an EMT practical licensure exam evaluator, if the license holder is qualified as such;

(c) Reading EMS journals or articles; and

(d) Teaching any of the topics listed in the Appendices as incorporated by reference, if the license holder is qualified to teach the subject.

(9) In addition to the hours of continuing education required in this rule, any affiliated EMS Provider license holder must, as specified in section 2 of the Appendices, incorporated by reference, demonstrate skills proficiency through a hands-on competency examination supervised by the EMS Medical Director or his or her designee. An EMS Medical Director may require successful performance in a minimum number of clinical skills in these areas on either human subjects or mannequins (e.g. venipunctures, endotracheal intubations, etc.).

(10) An EMS Medical Director may require additional continuing education requirements and skill competency.

(11) When a license holder obtains an initial license and there is:

(a) Less than six months until license renewal, no continuing education credits are required to obtain license renewal;

(b) More than six months but less than one year until license renewal, the license holder must complete 50 percent of the continuing education credits in each category; or

(c) More than one year until license renewal, the license holder must complete all continuing education credits.

(12) Continuing education credits are granted on an hour-for-hour basis.

(13) It shall be the responsibility of each license holder to ensure the hours obtained meet the Authority’s license renewal requirements.

(14) A license holder must submit proof, in a manner prescribed in OAR 333-265-0140 that the continuing education requirements have been met.

(15) Education programs, journals and articles used towards continuing education must be approved by the EMS Medical Director or the Authority.

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

Stat. Auth.: ORS 682.017, 682.216

Stats. Implemented: ORS 682.017, 682.216

Hist.: HD 18-1994, 6-30-94, cert. ef. 7-1-94; HD 63, f. 6-6-74, ef. 6-25-74; HD 1-1981, f. & ef. 1-14-81; Renumbered from 333-023-0645; HD 19-1984, f. & ef. 9-10-84; HD 16-1986, f. & ef. 9-9-86; HD 19-1991, f. & cert. ef. 10-18-91; HD 18-1994, f. 6-30-94, cert. ef. 7-1-94, Renumbered from 333-028-0045; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 1-2011, f. & cert. ef. 1-6-11; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0140

Maintaining Licensed EMS Provider Continuing Education Records

(1) A license holder is responsible for retaining records that show successful completion of all required continuing education for the two previous licensure periods.

(2) The Authority will accept as proof of successful completion:

(a) A class roster that contains:

(A) The name of the teaching institution or EMS agency;

(B) The date of the class;

(C) The class topic;

(D) The length of the class;

(E) The full name of the license holder attending the class; and

(F) The full name of the instructor.

(b) A computer-generated printout history of the license holder’s continuing education record that contains:

(A) The full name of the license holder;

(B) The name of the teaching institution or EMS agency conducting the classes;

(C) The dates of the classes;

(D) The class topics;

(E) The length of each class; and

(F) The full name of each instructor.

(c) A certificate of course completion for one or more topics that contains:

(A) The name of the teaching institution or EMS agency conducting the course;

(B) The date(s) of the course;

(C) The course topic(s);

(D) The length of the course; and

(E) The full name of the license holder attending the course.

(d) If the certificate does not list each course topic, then a copy of the program listing each course topic and length of each presentation must be attached to the certificate.

Stat. Auth.: ORS 682.017, 682.216

Stats. Implemented: ORS 682.017, 682.216

Hist.: HD 18-1994, 6-30-94, cert. ef. 7-1-94; OHD 9-2001, f. & cert. ef. 4-24-01; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0150

Licensed EMS Provider Continuing Education Records Audit

(1) The Authority may conduct an audit of a license holder’s continuing education records:

(a) The Authority shall notify the license holder by certified mail that he or she is being audited and provide him or her with the necessary audit forms and the date the completed forms are to be returned to the Authority; and

(b) Upon the return of the completed audit forms to the Authority, the Authority shall begin the process of verifying the continuing education records.

(2) If, in the course of an audit of continuing education records, the Authority learns that, contrary to the sworn statement in the application for license renewal or in the official audit form, the license holder has not completed all necessary continuing education requirements, the Authority may:

(a) Discipline the license holder as set out in OAR 333-265-0080;

(b) Assess a monetary penalty in the amount of $10 per each hour of deficient continuing education; or

(c) Require the license holder to demonstrate his or her knowledge and psychomotor skills by taking and passing a cognitive and practical examination conducted by the Authority.

(3) The actions taken by the Authority in section (2) of this rule will be done in accordance with ORS Chapter 183.

Stat. Auth.: ORS 682.017, 682.216, 682.220, 682.224

Stats. Implemented: ORS 682.017, 682.208, 682.220, 682.224

Hist.: HD 18-1994, 6-30-94, cert. ef. 7-1-94; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0160

License Holder’s Responsibility to Notify the Authority of Changes

(1) A license holder must keep the Authority apprised of and report the following changes within 30 calendar days of a change in:

(a) EMS Medical Director, unless the license holder is affiliated with an ambulance service that is on file with the Authority.

(b) Legal name;

(c) Home address;

(d) Main contact phone number; or

(e) EMS affiliation.

(2) When reporting a new affiliation an EMS Provider must supply the Authority with verification of completion of skills competency as referenced in Appendix 1 and it must be signed by his/her medical director or designee unless verification was completed during the most recent license renewal period.

[ED. NOTE: Appendices referenced are not included in rule text.]

Stat. Auth.: ORS 682.017, 682.208, 682.220, 682.224

Stats. Implemented: ORS 682.017, 682.208, 682.220, 682.224

Hist.: HD 18-1994, 6-30-94, cert. ef. 7-1-94; HD 8-1995, f. & cert. ef. 11-6-95; OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 13-2010, f. 6-30-10, cert. ef. 7-1-10; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

333-265-0170

Displaying EMS Provider Licensure Level

(1) A licensed EMS Provider providing patient care must display his or her level of licensure on the outmost garment of his or her usual work uniform.

(2) A licensed EMS Provider-licensure level need not be displayed on emergency work apparel not normally worn during the provision of pre-hospital patient care, such as haz-mat suits, anti-contamination or radiation suits, firefighting apparel, etc.

(3) A licensed EMS Provider responding from home or other off-duty locations shall make a reasonable effort to display his or her licensure level. Baseball-type hats, T-shirts, safety vests, etc. are accepted for this purpose.

Stat. Auth.: ORS 682.017, 682.204, 682.220, 682.265

Stats. Implemented: ORS 682.017, 682.204, 682.220, 682.225

Hist.: OHD 9-2001, f. & cert. ef. 4-24-01; PH 10-2008, f. & cert. ef. 6-16-08; PH 15-2011, f. 12-28-11, cert. ef. 1-1-12

 

Rule Caption: Updates rules for county issuance of certified copies and state amendment of vital records.

Adm. Order No.: PH 16-2011

Filed with Sec. of State: 12-28-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Amended: 333-011-0006, 333-011-0016, 333-011-0061, 333-011-0101

Subject: The Oregon Health Authority, Public Health Division, Center for Health Statistics is permanently amending administrative rules in chapter 333, division 11 related to vital records. The proposed amendments clarify and update the rules to current procedures for county registration and issuance of vital records, and amendment of vital records at the State Vital Records office.

      The proposed amendments: Defines registrant for purposes of amending records and obtaining certified copies; Clarifies that all requested data, including health and statistical, is required prior to registration of vital record; Describes method to amend declarations of Oregon registered domestic partnerships and reports of dissolution of domestic partnerships; Limits amendments to parent information on certificates of birth; Revises process of issuing certified copies of vital records at county offices; and Modifies time to forward vital records to the State Vital Records office.

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

333-011-0006

Definitions

As used in OAR 333-011-0006 to 333-011-0116, unless the context denotes otherwise:

(1) “Dead Body” means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred.

(2) “Division” means the Oregon Public Health Division.

(3) “Fetal Death” means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles:

(a) “Induced termination of pregnancy” means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth;

(b) “Spontaneous fetal death” means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy.

(4) “File” means the presentation of a vital record provided for in ORS chapter 432 for registration by the Vital Statistics Section.

(5) “Final Disposition” means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus.

(6) “Institution” means any establishment, public or private, which provides in-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law.

(7) “Live Birth” means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

(8) “Physician” means a person authorized or licensed under the laws of this state to practice medicine, osteopathy, chiropractic, or naturopathy.

(9) “Registrant” is the subject of the vital record including the child on a birth record, the decedent on the death record, the husband or wife on a marriage or divorce record, and a partner on a declaration of Oregon registered domestic partnership or dissolution of domestic partnership record.

(10) “Registration” means the acceptance by the Vital Statistics Section and the incorporation of vital records provided for in ORS Chapter 432 into its official records.

(11) “Search of the Files” means consultation of the file or the index to the file for the year in which the event is stated to have occurred. A consultation of the file or index to the file for two years on each side of the year in which the event is stated to have occurred will be considered a part of the same search procedure when the record is not located in the stated year.

(12) “System of Vital Statistics” means the registration, collection, preservation, amendment and certification of vital records; the collection of other reports required by ORS Chapter 432, and activities related thereto including the tabulation, analysis and publication of vital statistics.

(13) “Vital Records” means certificates or reports of birth, death, marriage, dissolution of marriage and data related thereto.

(14) “Vital Statistics” means the data derived from certificates and reports of birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, dissolution of marriage and related reports.

Stat. Auth.: ORS 432.005

Stats. Implemented: ORS 432.005

Hist.: HB 169, f. & ef. 10-16-63; HB 247, f. 6-2-70; HB 286-A(2) and HB 38, f. 7-23-73, ef. 8-15-73; HD 24-1981, f. & ef. 11-17-81; PH 16-2011, f. 12-28-11, cert. ef. 1-1-12

333-011-0016

Duties of State Registrar

(1) Forms. All forms, certificates, and reports used in the system of vital statistics are the property of the Public Health Division — hereinafter referred to as “State Agency” — and shall be surrendered to the State Registrar of Vital Statistics — hereinafter referred to as “State Registrar” — upon demand. The forms prescribed and distributed by the State Registrar for reporting vital statistics shall be used only for official purposes. Only those forms furnished or approved by the State Registrar shall be used in the reporting of vital statistics or in making copies thereof.

(2) Requirements for preparation of certificates. All certificates and records relating to vital statistics must either be prepared on a typewriter with a black ribbon or printed legibly in black, unfading ink. All signatures required shall be entered in black, unfading ink. Unless otherwise directed by the State Registrar, no certificate shall be complete and correct and acceptable for registration:

(a) That does not have the certifier’s name typed or printed legibly under his or her signature;

(b) That does not supply all items of information called for thereon, including those items identified as for medical, health or statistical use, or satisfactorily account for their omission;

(c) That contains alterations or erasures;

(d) That does not contain handwritten signatures as required;

(e) That is marked “copy” or “duplicate”;

(f) That is a carbon copy;

(g) That is prepared on an improper form;

(h) That contains improper or inconsistent data;

(i) That contains an indefinite cause of death which denotes only symptoms of disease or conditions resulting from disease;

(j) That is not prepared in conformity with regulations or instructions issued by the State Registrar.

Stat. Auth.: ORS 432.030

Stats. Implemented: ORS 432.030

Hist.: HB 169, f. & ef. 10-16-63; HD 24-1981, f. & ef. 11-17-81; PH 16-2011, f. 12-28-11, cert. ef. 1-1-12

333-011-0061

Amendment of Vital Records

(1) All Amendments. Unless otherwise provided in these regulations or in the statute, all amendments to vital records shall be supported by:

(a) An affidavit setting forth:

(A) Information to identify the certificate;

(B) The incorrect data as it is listed on the certificate;

(C) The correct data as it should appear.

(b) One or more items of documentary evidence which support the alleged facts and which were established at least five years prior to the date of application for amendment or within seven years of the date of the event;

(c) The State Registrar shall evaluate the evidence submitted in support of any amendment, and when the State Registrar finds reason to doubt its validity or adequacy the amendment may be rejected and the applicant advised of the reasons for this action.

(2) Who May Apply:

(a) To amend a birth certificate, application may be made by one of the parents, the legal guardian, the registrant if 18 years of age or over, or the individual responsible for filing the certificate;

(b) To amend a death certificate, application may be made by the next of kin or the funeral director or person acting as such who signed the death certificate. Applications to amend the medical certification of cause of death shall be made only by the physician who signed the medical certification or the medical examiner;

(c) To amend certificates of marriage and reports of dissolution of marriage a signed statement must be received from the custodian of the official record from which the report or certificate was prepared, stating in what manner such record has been amended. Those items appearing on the dissolution of marriage record which are not a part of the dissolution of marriage decree may be amended either upon query by the State Registrar or application of the parties to the dissolution of marriage or their legal representatives;

(d) To amend declarations of Oregon registered domestic partnership and reports of dissolution of domestic partnership a signed statement must be received from the custodian of the official record from which the declaration or record was prepared, stating in what manner such record has been amended. Those items appearing on the dissolution of domestic partnership record which are not a part of the dissolution of domestic partnership decree may be amended either upon query by the State Registrar or application of the parties to the dissolution of domestic partnership or their legal representatives.

(3) Amendment of Registrant’s First, Middle and Last Names on Birth Certificates Within the First Year. Until the registrant reaches the age of one year first, middle, and last names may be amended upon written request of:

(a) Both parents; or

(b) The mother in the case of a child born out of wedlock or in the case of the death or incapacity of the father; or

(c) The father in the case of the death or incapacity of the mother; or

(d) The legal guardian or agency having legal custody of the registrant.

(4) Amendment of Registrant’s First, Middle and Last Names on Birth Certificates After the First Year.

(a) After one year from the date of birth the provisions of section (1) of this rule must be followed to amend a first, middle or last name if the name was misspelled on the birth certificate.

(b) A legal change of name order must be submitted from a court of competent jurisdiction to change a first, middle or last name that appears on the birth certificate after one year from date of birth.

(5) Addition of First, Middle and Last Name of a Registrant on a Birth Certificate.

(a) Until the registrant’s seventh birthday, first, middle and last names, for a child whose birth was recorded without such names, may be added to the certificate upon written request of:

(A) Both parents; or

(B) The mother in the case of a child born out of wedlock or in the case of death or incapacity of the father; or

(C) The father in the case of the death or incapacity of the mother; or

(D) The legal guardian or agency having legal custody of the registrant.

(b) After seven years the provisions of section (1) of this rule must be followed to add a first, middle or last name.

(6) Amendment of Parents’ Information on Birth Certificates. When a requested amendment to an item, in combination with previous amendments or concurrent requests for amendment, would appear to change the identity of the parent through cumulative changes to name, date of birth, or place of birth, the State Registrar shall only make such an amendment upon receipt of a court order from a court of competent jurisdiction.

(7) Medical Items on Death Certificates. All items of a medical nature may be amended only upon receipt of a signed statement from those persons responsible for the completion of such items. The State Registrar may require documentary evidence to substantiate the requested amendment.

(8) Amendment of the Same Item More Than Once. Once an amendment of a non-medical item is made on a vital record, that item shall not be amended again except upon receipt of a court order from a court of competent jurisdiction.

(9) Amendment of Minor Errors on Birth Certificates During the First Year. Amendment of obvious errors, transposition of letters in words of common knowledge, or omissions may be made by the State Registrar within one year after the date of birth either upon the State Registrar’s observation or upon request of one of the parents, the legal guardian, or the individual responsible for filing the certificate. The certificate shall not be marked “Amended”.

(10) Methods of Amending Certificates. Certificates of birth, death, marriage, reports of dissolution of marriage, declaration of Oregon registered domestic partnership and dissolution of domestic partnership may be amended by the State Registrar in the following manner:

(a) Preparing a new certificate showing the correct information when the State Registrar deems that the nature of the amendment so requires:

(A) The new certificate shall be prepared on the form used for registering current events at the time of amendment. Except as provided elsewhere in these regulations, the item that was amended shall be identified on the new certificate;

(B) In all cases, the new certificate shall show the date the amendment was made and be given the same state file number as the existing certificate. Signatures appearing on the existing certificate shall be typed on the new certificate.

(b) Completing the item in any case where the item was left blank on the existing certificate;

(c) Drawing a single line through the item to be amended and inserting the correct data immediately above or to the side thereof. The line drawn through the original entry shall not obliterate such entry;

(d) Completing a special form for attachment to the original record. Such form shall include the incorrect information as it appears on the original certificate, the correct information as it should appear, an abstract of the documentation used to support the amendment, and sufficient information about the registrant to link the special form to the original record. When a copy of the original record is issued, a copy of the amendment must be attached;

(e) A certificate of birth amended for gender shall be amended by preparing a new certificate. The item that was amended shall not, however, be identified on the new certificate or on any certified copies that may be issued of that certificate;

(f) In all cases, there shall be inserted on the certificate a statement identifying the affidavit or documentary evidence used as proof of the correct facts, the date the amendment was made, and the initials of the person making the change. As required by statute or regulation, the certificate shall be marked “Amended”.

Stat. Auth.: ORS 432.235

Stats. Implemented: ORS 432.235

Hist.: HB 169, f. & ef. 10-16-63; HD 24-1981, f. & ef. 11-17-81; HD 2-1985, f. & ef. 2-19-85; PH 16-2011, f. 12-28-11, cert. ef. 1-1-12

333-011-0101

Copies of Data From Vital Records

(1) Full or short form certified copies of vital records may be made by mechanical, electronic, or other reproductive processes, except that the information contained in the “Information for Medical and Health Use Only” section of the birth certificate shall not be included.

(2) When a certified copy is issued, it shall be certified as a true copy by an authorized agent and shall include the date issued, the name of the State Registrar, the State Registrar’s signature or an authorized facsimile thereof, and the seal of the State and Agency authorized under ORS 432.010.

(3) Confidential verification of the facts contained in a vital record may be furnished by the State Registrar to any federal, state, county, or municipal government agency or to any other agency representing the interest of the registrant, subject to the limitations as indicated in section (1) of this rule. Such confidential verifications shall be on forms prescribed and furnished by the State Registrar or on forms furnished by the requesting agency and acceptable to the State Registrar; or, the State Registrar may authorize the verification in other ways when it shall prove in the best interests of his or her office.

(4) When the State Registrar finds evidence that a certificate was registered through misrepresentation or fraud, he or she shall have authority to withhold the issuance of a certified copy of such certificate until a court determination of the facts has been made.

(5) The State Registrar shall determine the minimum information needed to locate and identify a particular record within the files.

(6) Subject to the penalties of ORS 432.993, no person is authorized to photograph, photostat, duplicate, or issue what purports to be a certified copy, certification, or certificate of birth, death, or fetal death except authorized employees of the Public Health Division, county registrars, or their deputies, acting in accordance with directives, regulations, or law governing their official duties.

(7) The county registrar shall forward death records that have been registered at the county to the State Registrar within three business days of the date registered by the county registrar. County registrars may issue certified copies from the original record while the original record is in the possession of the county. County registrars may maintain a copy of the completed death record for a period up to fourteen calendar days from the date the record is forwarded to the state and within that time period may issue from that copy until the record is registered in the state vital records system. After the death record is registered in the state vital records system, the County Registrar may issue only from the state vital records system for a period not to exceed six months from the date of death.

(8) The county registrar shall forward any completed original birth records received to the State Registrar immediately for registration at the state.

(9) County registrars may apply to the State Registrar for authorization to issue certified copies of birth certificates for a period not to exceed six months from the date of birth. The application shall specify local needs and interests which the issuance would serve. If approved, the county registrar may issue certified copies of registered birth records from the state vital records system for a period not to exceed six months from the date of birth.

Stat. Auth.: ORS 432.010, 432.085 & 432.121

Stats. Implemented: ORS 432.010, 432.085 & 432.121

Hist.: HB 169, f. & ef. 10-16-63; HD 24-1981, f. & ef. 11-17-81; HD 3-1986, f. & ef. 2-5-86; PH 16-2011, f. 12-28-11, cert. ef. 1-1-12

 

Notes
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