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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 275

LICENSING PROCEDURES AND DEFINITIONS

333-275-0001

Purpose

The purpose of OAR 333-275-0001 through 333-275-0180 is to establish standards for the training, testing and certification of hemodialysis technicians. These rules are adopted pursuant to ORS 688.625 through 688.665.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.625 - 688.665
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0010

Definitions

As used in OAR Chapter 333, Division 275, unless the context requires otherwise, the following definitions apply:

(1) "Abbreviated training program" means a training program consisting of a minimum of sixteen (16) hours of theory related to hemodialysis and/or supervised clinical learning experiences to train a hemodialysis technician or demonstrate the clinical competencies of an experienced hemodialysis technician.

(2) "Certificate" means a document identifying the legal privilege and authorization to perform specific functions and procedures in the State of Oregon.

(3) "Certified Hemodialysis Technician" (CHDT) has the meaning given the term in ORS 688.625, and includes, but is not limited to, a person who is certified by the Oregon Public Health Division to assist with the direct care of a patient undergoing hemodialysis.

(4) "Competency" means the demonstration of knowledge in a specific area and the ability to perform specific skills and tasks in a safe, efficient manner.

(5) "Contact Hour" means a fifty (50) minute hour of training.

(6) "Continuing Education" is planned learning experiences beyond a basic technician educational program. These experiences are designed to promote the development of knowledge, skills and attitudes for the enhancement of patient care. The Division must determine the appropriateness of all continuing education programs.

(7) "Dialysis" means a process by which dissolved substances are removed from a patient's body by diffusion from one fluid compartment to another across a semipermeable membrane. The two types of dialysis that are currently in common use are hemodialysis and peritoneal dialysis.

(8) "Dialysis Facility or Center" means a place awarded conditional or unconditional status by the federal Health Care Financing Administration to provide dialysis services.

(9) "Direct Supervision" means that the registered nurse, nurse practitioner, licensed practical nurse, or licensed physician is physically present and accessible in the immediate patient care area and available to intervene, if necessary."

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

(11) "Division approved certification" means a process of national certification of hemodialysis technicians currently available or developed in the future, with requirements that, after review and approval by the Health Division, can be substituted wholly or partially for requirements of the Oregon certification of hemodialysis technicians program. Approved national certifications and requirements include, but are not limited to, the Board of Nephrology Examiners for Nursing and Technology (BONENT) certification examination.

(12) "End-Stage Renal Disease" (ESRD) means that stage of renal impairment that appears irreversible and permanent, and requires either the replacement of kidney function through renal transplantation or the permanent assistance of those functions through dialysis.

(13) "Extended training program" means a training program designed for the minimally experienced or inexperienced trainee to gain the skills necessary to become a CHDT.

(14) "Law Enforcement Data System (LEDS)" means a program organized within the Oregon State Police, Law Enforcement Data System Division, which provides a criminal justice telecommunications and information system for the State of Oregon, and is the control point for access to similar programs operated by other states and the federal government.

(15) "License" is a document identifying the legal privilege and authorization to practice within a professional category.

(16) "National certification examination" means examinations that have documented validity, reliability, and interrater reliability, are provided on a national level, and are approved by the Oregon Public Health Division. Approved national certification examinations include, but are not limited to, the Board of Nephrology Examiners for Nursing and Technology (BONENT) certification.

(17) A "Preceptor" is an individual with a minimum of one (1) year of clinical hemodialysis experience who supervises and observes students providing direct patient care in a dialysis facility or center.

(18) "Registry" means the listing of Oregon Certified Hemodialysis Technicians maintained by the Division. The Registry contains identifying demographic information on each CHDT, the date of initial and most recent certification. Division sanctions against a CHDT certification are noted on the Registry. Findings of incompetence, unprofessional or dishonorable conduct, or mental or physical inability to perform the functions of a CHDT are noted on the Registry.

(19) "Subject individual" means the applicant for hemodialysis certification.

(20) "Trainee Hemodialysis Technician" means an uncertified hemodialysis technician enrolled in an abbreviated or extended training program, working under the direct clinical supervision of a nurse educator, clinical preceptor, or technician educator.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.625 - 688.665
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0020

Certification of Hemodialysis Technicians Required

After January 1, 2000 hemodialysis technicians must have a current, valid Oregon CHDT certificate and be listed on the CHDT Registry prior to assuming or continuing hemodialysis technician duties.

(1) A hemodialysis technician hired before January 1, 2000, and who has been employed as a hemodialysis technician for a minimum of 1,000 hours since January 1, 1998, must participate in a Division-approved, abbreviated hemodialysis technician training program and having done so, pass a Division-approved examination prior to certification. Evidence of successful completion of a Division-approved, national certification examination will be accepted as meeting the requirement for an examination.

(2) A hemodialysis technician hired after January 1, 2000, and who has been employed as a hemodialysis technician for a minimum of 1,000 hours within the preceding twenty-four (24) month period, must participate in a Division-approved, abbreviated hemodialysis technician training program and having done so, pass a Division-approved examination prior to certification. Evidence of successful completion of a Division-approved, national certification examination will be accepted as meeting the requirement for an examination.

(3) A hemodialysis technician hired after January 1, 2000, and who has not been employed as a hemodialysis technician for a minimum of 1,000 hours since January 1, 1998, must participate in a Division-approved hemodialysis technician extended training program and having done so, pass a Division-approved examination prior to certification.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.630(1)
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0030

Application for Certificate and Certification of Hemodialysis Technicians by Exam

(1) In order to meet the prerequisites, the hemodialysis technician applicant must:

(a) Provide evidence that the applicant has received a high school diploma or its equivalent;

(b) Complete a Division-approved hemodialysis technician training program;

(c) Complete an application for certification;

(d) Complete the required examination application within the deadlines and according to all instructions including remittance of required fee to the testing entity; and

(e) Complete a consent for a criminal records check.

(2) Application and fees for the hemodialysis technician certification examination must be submitted to the Division by the application deadline.

(3) Applications containing fraudulent or misrepresented information shall be the basis for denial of certification.

(4) Incomplete applications for certification become null and void one (1) year after date of last activity.

(5) If an applicant fails to appear for the examination, the applicant must resubmit the application and fees.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.640
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0040

Criminal Conviction History

(1) The Public Health Division shall conduct a criminal records check of all applicants prior to certification.

(2) Failure to provide written consent for a criminal records check or failure to provide completed fingerprint cards for a Federal Bureau of Investigation (FBI) check, where required, shall be grounds for denial of an application.

(3) Criminal offender information will be obtained through the Oregon Law Enforcement Data System (LEDS). Nationwide criminal records checks, if necessary, shall be conducted by the Oregon State Police (OSP) through the FBI. In conducting criminal records checks on subject individuals, the Division shall act in accordance with its obligations under ORS 181.537.

(4) The Division has determined that serious felonies and misdemeanors involving violence or unauthorized sexual conduct with the vulnerable or disabled are fundamentally inconsistent with the responsibility of care for the dialysis patient and thereby related to the fitness of the hemodialysis technician to practice hemodialysis. Conviction of crimes listed in Table 1 of this rule shall disqualify a CHDT subject individual from receiving certification, unless the subject individual provides sufficient evidence of suitability as described in section (7) of this rule.

(5) The Division has determined that serious felonies and misdemeanors involving theft, fraud, or deception, crimes against the state and public justice, and major traffic violations may substantially jeopardize the safety of the dialysis patient and thereby are related to the fitness of the hemodialysis technician to practice hemodialysis. If any subject individual was convicted of a crime listed in Table 2 of this rule,[Table not included. See ED. NOTE.] the Division will seek to obtain and review information on all intervening circumstances and other background information related to criminal activity, subject to section (7) of this rule. Based on this information, the Division will make a decision whether to approve certification given the individual subject meets all other requirements for certification.

(6) These rules also apply to:

(a) Any attempts, solicitations or conspiracy to commit a crime listed in Table 1 or Table 2, and;

(b) Conviction of a crime, in another jurisdiction, which is the substantial equivalent of a crime listed in Table 1 or Table 2 or any attempts, solicitations or conspiracy to commit a crime, in another jurisdiction, which is the substantial equivalent of a crime listed in Table 1 or Table 2.

(7) Factors in Suitability Determination:

(a) Factors to be considered in determining suitability, based on information available to the Division and information provided by the subject individual, include:

(A) The nature of the crime;

(B) The facts that support the conviction;

(C) The making of a false statement on the consent for criminal records check related to the disqualifying crimes;

(D) The relevancy of the subject individual's criminal conviction history to the fitness of the hemodialysis technician to practice hemodialysis;

(E) Intervening circumstances relevant to the responsibilities and circumstances of the position, services or employment. Such circumstances include but are not limited to:

(i) Passage of time since the commission of the crime;

(ii) The age of the person at the time of the crime;

(iii) The likelihood of a repetition of offenses;

(iv) The commission of other relevant crimes, including the type and number of offenses;

(v) The recommendation of an employer.

(b) Under no circumstances shall a subject individual be barred from certification because of the existence or contents of a juvenile record, which has been expunged pursuant to ORS 419A.260 to 419A.262.

(8) Process for Federal Criminal Records Check:

(a) When conducting a criminal records check on a subject individual, the Division may conduct a federal criminal history check when:

(A) The subject individual has lived outside the state of Oregon any time during the preceding 18 months;

(B) The Oregon record shows "Multi-state Offender" status;

(C) The Division has information about the applicant having crimes in other states.

(b) An applicant subject to the federal criminal records check must submit to the Division:

(A) Properly completed FBI fingerprint cards;

(B) Properly completed consent for criminal records check form;

(C) A description of the crime and conviction if the subject individual acknowledges conviction of a crime; and

(D) The fee for the FBI check.

(9) A subject individual who passes the Oregon criminal records check but is waiting for the FBI criminal records check to be processed may receive a conditional certificate, based upon the Oregon criminal records check and a review of the application, if all other prerequisites are met. This conditional certificate is subject to revocation in the event the FBI criminal records check contains a disqualifying conviction.

(10) Criminal offender information is confidential and shall not be disclosed by the Division. A subject individual may inspect the subject individual's own Oregon record at the Division. The Division may not disclose FBI information to the subject individual or other persons or entities.

(11) If an applicant wishes to challenge the accuracy or completeness of information provided by OSP or the FBI, the subject individual must make a challenge directly to the department, bureau or agency providing that information and not through the contested case hearing process set forth in OAR 333-275-0170.

[ED. NOTE: The Table(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.655(1)(e) &181.537
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0050

Certification Expiration

Each initial certification issued, unless sooner suspended or revoked, shall expire one year after the next June 30 following successful completion of the required examination. Each subsequent certification issued under this section, unless sooner suspended or revoked, shall expire and be renewable after a period of two years.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.650(5)
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0060

Hemodialysis Technician Certification Renewal

Beginning January 1, 2000, CHDTs are required to renew certification on or before June 30 every second year:

(1) Application for renewal must be postmarked before midnight on May 31 to allow time for a review of the application;

(2) The certificate shall automatically lapse if the certificate holder fails to renew by the appropriate renewal date and an individual who fails to renew by this deadline is considered delinquent;

(3) The Division may renew any lapsed certification upon payment of all past unpaid renewal and delinquent fees;

(4) A CHDT who submits his/her application for renewal greater than ninety (90) days after the June 30 renewal date must retake the extended Division-approved training program, and must retake the Division-approved examination, or show evidence of the successful completion of a Division-approved certification;

(5) Each application must be accompanied by a nonrefundable renewal fee payable to the Division.

Stat. Auth.: ORS 688.625 - 688.665.
Stats. Implemented: ORS 688.640(2) - 688.650(5)
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0070

Requirements for Renewal of Certification

(1) A complete application form must be submitted for recertification.

(2) Employment Requirements for Renewal of Certification:

(a) At the time of certification renewal, the applicant must be prepared to provide evidence of a minimum of 1,000 hours worked as a CHDT during the twenty-four (24) month period immediately preceding certification renewal;

(b) An applicant who is unable to provide evidence of the minimum 1,000 hours worked as a CHDT during the twenty-four month period immediately preceding certification renewal or the prorated required hours worked as a CHDT according to the chart under section (4) of this rule, shall satisfy all of the requirements of a new applicant to obtain certification;

(c) Applicable hours worked as a CHDT are not limited to hours spent providing direct patient care but may include a variety of other tasks commensurate with the individual's abilities and job description.

(3) Continuing Education Requirements for Renewal of Certification:

(a) At the time of certification renewal, the applicant must be prepared to provide evidence of a minimum of twenty (20) contact hours of Division-approved continuing education accrued within the twenty-four (24) months immediately preceding renewal. The Oregon Public Health Division shall determine the appropriateness of all continuing education programs. For those CHDTs completing the training program, the training program hours may be applied towards the continuing education requirement as outlined in OAR 333-275-0110;

(b) An applicant who is unable to provide evidence of the minimum 20 hours of Division-approved continuing education during the twenty-four month period immediately preceding certification renewal, or the prorated required hours of Division-approved continuing education hours according to the chart under section (4) of this rule, shall satisfy all of the requirements of a new applicant to obtain certification.

(4) Prorated Requirements Based on Testing Schedule: The following table shall be applied to prorate the required number of hours worked as a CHDT and the required number of continuing education contact hours for those CHDTs receiving a certification less than twenty-four (24) months prior to the June 30 renewal date as per OAR 333-275-0050. See OAR 333-275-0180 Fees for the proration of the certification fee. [Table not included. See ED. NOTE.]

[ED. NOTE: The Table(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.645 & 688.650(3) & (4)
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0080

Provisional Certificates

(1) A provisional certificate is issued to:

(a) A hemodialysis technician who was hired prior to January 1, 2000, who has worked a minimum of 1,000 hours prior to January 1, 2000, and who is enrolled in a Division-approved abbreviated training program or has completed a Division-approved abbreviated training program and is waiting for a certification examination or;

(b) A hemodialysis technician hired after January 1, 2000, who has completed an approved training program, and is waiting for a certification examination.

(2) Provisional certificates are valid for a period of six (6) months and are renewable two times from January 1, 2000 until January 1, 2001. After January 1, 2001, provisional certificates are renewable one (1) time only. The technician must apply for the renewal of the certificate three (3) calendar weeks prior to the expiration date of the original provisional certificate.

(3) A provisional certificate will be revoked pursuant to ORS 183.310 to 183.550 when a hemodialysis technician holding a provisional certificate fails a certification examination.

(4) A hemodialysis technician who fails to pass the certification examination can work as a trainee hemodialysis technician until the next scheduled examination. Should a technician fail the examination a second time, that technician cannot practice within a dialysis facility as a technician.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.650(2)
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0090

Scope of Practice of Hemodialysis Technician

(1) Authorized Functions of Certified Hemodialysis Technicians: CHDTs who hold full or provisional certification by the Oregon Public Health Division may, under the direct supervision of a physician licensed under ORS chapter 677 or a registered nurse licensed under ORS 678.010 to 678.410:

(a) Perform venipunctures for dialysis access;

(b) Collect data, i.e. pre-weight, complaints, and vital signs, to be utilized by the registered nurse in developing the nursing assessment;

(c) Obtain lidocaine from a stock source and inject intradermal lidocaine in preparation for dialysis access;

(d) Obtain heparin from a stock source and administer a heparin bolus;

(e) Administer a bolus of normal saline;

(f) Connect a dialysis access to normal saline or heparinized normal saline;

(g) Initiate or discontinue dialysis treatment via central lines; and

(h) Administer oxygen on the basis of standing orders, facility protocol, or at the direction of a physician, registered nurse, or licensed practical nurse.

(2) Prohibited functions of the Certified Hemodialysis Technician: CHDTs who have been certified by the Oregon Public Health Division may not:

(a) Administer medications by oral, intramuscular, intravenous, or subcutaneous routes except as addressed in 333-275-0090(1);

(b) Perform arterial punctures outside of dialysis access;

(c) Determine the frequency or duration of dialysis treatments;

(d) Administer blood or blood products;

(e) Accept verbal or telephone orders from a physician or his/her representative;

(f) Perform hemodialysis on a hospitalized intensive care unit patient.

(3) An individual facility may elect to further limit the scope of practice of hemodialysis technicians working in that facility. If so, then the CHDT shall comply with that facility's job description.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.635
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0100

Trainee Hemodialysis Technicians

(1) A trainee hemodialysis technician may perform the duties of a CHDT when it is an integral part of the training program and the trainee hemodialysis technician is working under the direct clinical supervision of a nurse educator, clinical preceptor, or technician educator. The duties of a CHDT are determined by the scope of practice of the CHDT as defined under OAR 333-275-0090 and the job description of the hemodialysis technicians of the dialysis facility or center in which the clinical training occurs. The job description must not exceed the scope of practice of the CHDT.

(2) Trainees must be selected without discrimination as to age, race, religion, gender, sexual preference, national origin, or marital status.

(3) A person working as a trainee because the person failed to pass the certification examination as provided in OAR 333-275-0080(4) must work under the direct clinical supervision of a nurse educator, clinical preceptor, or technician educator.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.640
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0110

Approval Guidelines and Minimal Curriculums for Hemodialysis Technician Training Programs to Qualify for Continuing Education Credit

(1) In addition to continuing education programs of varying length of contact hours as defined earlier, there shall be two (2) separate learning programs approved by the Division for training or continuing education credit. These are:

(a) An abbreviated training program to train a hemodialysis technician or demonstrate the clinical competencies of an experienced hemodialysis technician is a training program consisting of a minimum of sixteen (16) hours of theory and/or supervised clinical learning experiences related to hemodialysis as it is performed in a particular facility or facilities or dialysis center;

(b) An extended training program which is designed for the minimally experienced or inexperienced trainee to gain the skills necessary to become a CHDT. There shall be a minimum of eighty (80) hours of classroom study, and a minimum of one hundred sixty (160) hours of supervised clinical experience.

(2) Qualifications and Competencies of Faculty:

(a) The nurse educator shall be a registered nurse and shall hold a current unencumbered license to practice in Oregon.

(b) The nurse educator shall have at least two (2) years of nursing practice experience including at least one (1) year of nursing experience in dialysis. Previous nursing experience in critical care and nursing education is desirable.

(c) The nurse educator shall have a minimum of nine (9) contact hours of continuing education annually in nephrology or be certified by a nationally recognized body.

(d) Clinical preceptors shall have at least one (1) year of clinical dialysis experience. Clinical preceptors shall demonstrate knowledge and skills in clinical dialysis.

(e) Technician educators will be under the supervision of a nurse educator. These technicians shall possess national certification by the Board of Nephrology Examiners for Nursing and Technology (BONENT) and have at least two (2) years experience in hemodialysis and possess current CHDT certification.

(f) A CHDT under direct supervision of the nurse educator and/or approved clinical preceptor may be assigned to assist with the clinical experience\orientation of hemodialysis technician trainees.

(3) Minimum Standards for Approval of Hemodialysis Technician Training Programs for Continuing Education:

(a) Administration and Organization: The hemodialysis technician training program shall employ a nurse educator to administer the training program; he/she shall be responsible for the development, implementation, and evaluation of the training program, arrangements for and supervision of trainees' clinical experiences, and communications with the Health Care Regulation and Quality Improvement (HCRQI) section of the Division.

(b) Objectives: There shall be written objectives for the training program, which serve as the basis for planning, implementing, and evaluating the program. The training program faculty shall develop the objectives. The training program objectives shall describe the knowledge and skills expected of the CHDT, and shall be consistent with the authorized functions of the CHDT and the approved core curriculum.

(c) The training program's nurse educator shall develop a written systematic plan for curriculum and program evaluation.

(d) Training Program Record Retention Requirements: The program shall maintain the orientation checklists and any appropriate certification documentation in employees' personnel files as part of the permanent file.

(e) The nurse educator will submit the objectives of the training program, the names and qualifications of the nurse educator(s) and clinical preceptor(s), the program curriculum, the program schedule, and the program evaluation plan to the Division prior to implementing the program to receive approval for continuing education credit applicable to the CHDT continuing education requirements. If both abbreviated and extended programs are to be offered by the hemodialysis facility or center, the above materials for each program must be submitted for Division approval. The materials must be sent to: Hemodialysis Technician Certification Program, Health Care Regulation and Quality Improvement, Suite #305, Oregon Public Health Division, PO Box 14450, Portland, OR 97293-0450.

(4) Curriculum:

(a) The curriculum shall extend over a period of time sufficient to provide essential, sequenced learning experiences, which enable the trainee to develop competence and shall show evidence of an organized pattern of instruction consistent with principles of learning and sound educational practices.

(b) Supervised clinical experience shall provide opportunities for the application of theory and for the achievement of stated objectives in a patient care setting and shall include clinical learning experiences to develop the skills required by technicians to provide safe patient care. The nurse educator and/or clinical preceptor must be physically present and accessible to the trainee when the trainee is in the patient care area.

(c) Required core curriculum content for both the abbreviated and extended training programs can be found in Appendix A.

(5) Continuing education credit shall be approved for the actual hours spent in training in an initial abbreviated or an initial extended training program for a single, initial certification period; these hours are not transferrable to subsequent certification periods.

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

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.640(2) & 688.650(4)
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0120

Investigation

The Oregon Public Health Division may investigate any evidence that appears to show that a certified hemodialysis technician is or may be medically incompetent, is or may be guilty of unprofessional or dishonorable conduct, or is or may be mentally or physically unable to safely function as a certified hemodialysis technician (as outlined in ORS 685.655(2)).

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 685.655(2)
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0130

Dishonorable Conduct Derogatory for a Hemodialysis Technician Defined

A CHDT whose conduct fails to conform to the standards for certified hemodialysis technicians, or who may adversely affect the health, safety, and welfare of the public, may be found to have committed dishonorable conduct for a CHDT. Such conduct shall include, but is not limited to, the following:

(1) Conduct related to the patient's safety and integrity:

(a) Failing to report through proper channels facts known regarding the incompetent, unethical, unsafe, or illegal practice of any health care provider;

(b) Failing to respect the dignity and rights of patients, regardless of social or economic status, age, race, religion, sex, sexual preference, national origin, nature of health problems or disability;

(c) Engaging in sexual contact with a patient.

(2) Conduct related to other federal or state statute/rule violations:

(a) Abusing a patient. The definition of abuse includes, but is not limited to, intentionally causing physical and/or mental harm or discomfort, striking a patient, intimidating, threatening, or harassing a patient;

(b) Neglecting a patient. The definition of neglect includes, but is not limited to, carelessly allowing a patient to be in physical discomfort or be injured;

(c) Failing to report actual or suspected incidents of patient abuse through the proper channels in the work place and to the appropriate state agencies;

(d) Aiding, abetting, or assisting an individual to violate or circumvent any law, rule or regulation intended to guide the conduct of CHDTs or other health care providers.

(3) Conduct related to communication:

(a) Falsifying a patient or agency record; including, but not limited to, filling in another person's omissions, signing another person's name, recording care not given, fabricating data/values;

(b) Altering a patient or agency record: this includes, but is not limited to, changing words/letters/numbers from the original document to mislead the reader of the record, adding to the record after the original time/date without indicating a late entry;

(c) Destroying a patient or agency record;

(d) Directing another person to falsify, alter, or destroy patient or agency records.

(4) Conduct related to clinical practice:

Performing acts beyond the authorized scope of practice.

(5) Conduct related to impaired function:

(a) Practicing as a CHDT when unable/unfit to perform procedures and/or make decisions due to physical impairment as evidenced by documented deterioration of functioning in the practice setting and/or by the assessment of a health care provider qualified to diagnose physical condition/status;

(b) Practicing as a CHDT when unable/unfit to perform procedures and/or make decisions due to psychological or mental impairment as evidenced by documented deterioration of functioning in the practice setting and/or by the assessment of a health care provider qualified to diagnose mental condition/status;

(c) Practicing as a CHDT when physical or mental ability to practice is impaired by use of drugs, alcohol, or mind-altering substances.

(6) Conduct related to certification violations:

(a) Allowing another person to use one's CHDT certification for any purpose;

(b) Resorting to fraud, misrepresentation, or deceit during the application process for certification, while taking the certification exam, or while obtaining initial certification or renewal of certification;

(c) CHDT impersonating any applicant or acting as a proxy for the applicant in any certification examination;

(d) Disclosing the contents of the certification examination or soliciting, accepting or compiling information regarding the contents of the examination, before during or after its administration.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.655(2)
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0140

Duty to Report, Confidential Information, and Liability of Person who Reports

(1) Any dialysis facility or center, any certified hemodialysis technician certified under ORS 688.650, any physician licensed under ORS Chapter 677, or any registered nurse licensed under ORS 678.010 to 678.410 shall report to the Health Care Regulation and Quality Improvement section of the Oregon Public Health Division any information the person may have that appears to show that a CHDT is or may be medically incompetent or is or may be guilty of unprofessional or dishonorable conduct or is or may be mentally or physically unable to safely function as a hemodialysis technician.

(2) Information provided to the Division pursuant to this section is confidential and shall not be subject to public disclosure, nor shall it be admissible as evidence in any judicial proceeding (as outlined in ORS 685.655(4)).

(3) Any person who reports or provides information to the Division under this section and who provides information in good faith shall not be subject to an action for civil damage as a result thereof (as outlined in ORS 685.655(5)).

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.655(3)
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0150

Grounds for Denying, Suspending or Revoking Certificate

Causes for denial, suspension or revocation of certificate: In the manner prescribed in ORS 183.310 to 183.486 for a contested case, the Division may deny, suspend, or revoke any certificate to perform the duties of a certified hemodialysis technician for the following causes:

(1) Failure to work as a hemodialysis technician 1000 hours over the 24 months preceding recertification or as prorated in OAR 333-275-0070;

(2) Failure to complete the continuing education requirement of 20 contact hours over the 24 months preceding recertification or as prorated in OAR 333-275-0070;

(3) Failure to complete the consent for criminal record check;

(4) Failure to pass the hemodialysis certification examination;

(5) The use of fraud or deception in receiving a certificate;

(6) Use of any controlled substance or intoxicating liquor to an extent or in a manner injurious to the certificate holder or others or to an extent that such impairs the ability to conduct safely the duties of a CHDT;

(7) The presence of a mental disorder that demonstrably affects a technician's performance, as certified by two psychiatrists retained by the Health Division of the Oregon Health Authority;

(8) Conviction of a CHDT for a criminal offense deemed by the Division to be related to the fitness of the CHDT to practice hemodialysis as in OAR 333-275-0040;

(9) Suspension or revocation of a hemodialysis technician certificate issued by another state;

(10) Gross negligence or repeated negligence in rendering hemodialysis care;

(11) The CHDT has been found to have committed dishonorable conduct for a CHDT as outlined in OAR 333-275-0130.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 688.655
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0160

Disciplinary Action and Civil Penalty

(1) When a CHDT has admitted the facts of a complaint alleging the CHDT is in violation of one or more of the grounds for denying, suspending or revoking a certificate as listed in OAR 333-275-0150 or been found to have committed in accordance with ORS 183.310 to 183.550 of one or more of the grounds for denying, suspending or revoking a certificate as listed in OAR 333-275-0150; the Public Health Division may take one or more of the following actions:

(a) Place the CHDT on probation;

(b) Suspend the CHDT's certificate;

(c) Revoke the CHDT's certificate;

(d) Place limitations on the ability of the CHDT to practice hemodialysis in Oregon;

(e) Assess the cost of disciplinary proceedings, not to exceed $1,000, as a civil penalty;

(f) Assess a civil penalty not to exceed $1,000.

(2) The Public Health Division may temporarily suspend the CHDT's certificate without a hearing while simultaneously commencing proceedings under ORS 183.310 to 183.550 after receiving evidence that indicates that the continued practice of the CHDT constitutes an immediate danger to the public.

(3) A civil penalty not to exceed $1,000 may be imposed as provided in ORS 183.090, in addition to disciplinary action against the CHDT's certificate. Disciplinary action against the CHDT certificate does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same conduct.

(4) The civil penalty shall be payable to the Division by cash, cashier's check or money order.

(5) Civil penalties may be imposed pursuant to ORS 183.090 according to the following schedule:

(a) Conviction of a criminal offense as defined in 333-275-0040 that relates to the fitness of the CHDT to practice hemodialysis – $100 - $1000.

(b) Gross negligence or repeated negligence in rendering hemodialysis – $500 - $1000.

(c) Use of any controlled substance or intoxicating liquor to an extent or in a manner injurious to the certificate holder or others or to an extent that such impairs the ability to conduct safely the duties of a CHDT – $250 - $1000.

(d) The CHDT has been found to have committed dishonorable conduct – $100 - $1000.

Stat. Auth.: ORS 688.625 – ORS 688.665.
Stats. Implemented: ORS 688.660
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0170

Hearings

An applicant or CHDT shall have an opportunity for a hearing on any decision to deny an application, to suspend or revoke a certificate, or to impose a civil penalty. Hearings are governed by ORS 183.310 to ORS 183.500. Requests for hearings must be in writing and sent to: Section Manager, Health Care Regulation and Quality Improvement, Suite #305, Oregon Public Health Division, PO Box 14450, Portland, OR 97293-0450.

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 183.310
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

333-275-0180

Fees

Payment of fees will be accepted in the form of money order, cashier's check, or cash (in exact amount only). Payment should be made out to the Oregon Health Division and sent to Section Manager, Health Care Regulation and Quality Improvement, Suite #305, Oregon Public Health Division, PO Box 14450, Portland, OR 97293-0450. Fees are non-refundable. Certified Hemodialysis Technician Schedule of Fees. Effective January 1, 2000: [Table not included. See ED. NOTE.]

[ED. NOTE: The Table(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 688.625 - 688.665
Stats. Implemented: ORS 685.645
Hist.: OHD 2-2001, f. & cert. ef. 1-18-01

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