Oregon State Archives: Oregon Administrative Rules Navigation Banner ors search about coordinators filing resources bulletins numerical index alpha index Secretary of State home

The Oregon Administrative Rules contain OARs filed through January 15, 2010

 

DEPARTMENT OF HUMAN SERVICES, PUBLIC HEALTH DIVISION

 

DIVISION 250

AMBULANCE SERVICE LICENSING

333-250-0000

Effective Date and Preemption

(1) No person shall operate an ambulance service unless issued an ambulance service license by the Department of Human Services, Public Health Division.

(2) These rules preempt any local ambulance ordinances and county ambulance service area plans that are in conflict. This rule does not prevent a city or county from establishing requirements more stringent than those set forth in these rules.

Stat. Auth.: ORS 682.015 & 682.215
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-94; OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0010

Definitions

(1) "Advertise" means information communicated to the public, or to any person concerned, by any oral, written, or graphic means including, but not limited to, handbills, newspapers, television, billboards, radio, and telephone directories.

(2) "Ambulance" or "Ambulance Vehicle" means any privately or publicly owned motor vehicle, aircraft, or watercraft that is regularly provided or offered to be provided for the emergency transportation of persons suffering from illness, injury, or disability.

(3) "Ambulance Service" means any person, governmental unit, corporation, partnership, sole proprietorship, or other entity that operates ambulances and that holds itself out as providing prehospital care or medical transportation to sick, injured or disabled persons.

(4) "Ambulance Service Area (ASA)" means a geographic area served by one ground ambulance service provider, and may include all or portion of a county, or all or portions of contiguous counties.

(5) "Business Day" means Monday through Friday when the Division is open for business, this excludes holidays.

(6) "Division" means the Oregon Public Health Division, Emergency Medical Services and Trauma System Section, within the Department of Human Services.

(7) "EMS" means Emergency Medical Services.

(8) "EMS Medical Director" has the same meaning as "Supervising Physician" in ORS 682 .025.

(9) "EMS Training Director" means a person who has the responsibility for coordinating EMS training, obtaining qualified instructors and maintaining the personnel training records for a licensed ambulance service.

(10) "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 prehospital emergency care. However, "emergency care" does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

(11) "Emergency Medical Technician (EMT)" means a person who has received formal training in prehospital and emergency care and is state-certified to attend 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 technician" are "emergency medical technicians" within the meaning of ORS chapter 682.

(12) "EMT-Basic" means a person who completes an EMT-Basic course as prescribed by OAR 333-265-0010 and is certified by the Division.

(13) "EMT-Intermediate" means a person who completes an EMT-Intermediate course as prescribed by OAR 333-265-0010 and is certified by the Division.

(14) "EMT-Paramedic" means a person who completes an EMT-Paramedic course as prescribed by OAR 333-265-0010 and is certified by the Division.

(15) "Employee" means any full-time paid or part-time paid person acting within the scope of his or her duties and for or on behalf of an ambulance service.

(16) "Fraud or Deception" means the intentional misrepresentation or misstatement of a material fact, concealment of or failure to make known any material fact or any other means by which misinformation or false impression is knowingly given.

(17) "License" means the documents issued by the Division to the owner of an ambulance service when the service and its ambulance are found to be in compliance with ORS chapter 682, OAR chapter 333, division 255 and these rules.

(18) "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 Board of Medical Examiners in the course of providing prehospital care as defined by this rule.

(19) "Owner" means the person having all the incidents of ownership in an ambulance service or an ambulance or, where the incidents of ownership are in different persons, the person, other than a security interest holder or lessor, entitled to the possession of an ambulance or operation of an ambulance service under a security agreement of a lease for a term of ten or more successive days.

(20) "Patient" means an ill, injured or disabled person transported in an ambulance.

(21) "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 representative thereof.

(22) "Physician" means a person licensed under ORS chapter 677, actively registered and in good standing with the Board of Medical Examiners as a Medical Doctor (MD) or Doctor of Osteopathic Medicine (DO).

(23) "Prehospital Care" means that care rendered by emergency medical technicians as an incident of the operation of an ambulance as defined by ORS chapter 682 and that care rendered by emergency medical technicians as incidents of other public or private safety duties, and includes, but is not limited to "emergency care" as defined by ORS chapter 682.

(24) "Prehospital Care Report Form (PCRF)" means a Division-approved form or electronic field data format that is completed for all patients receiving prehospital assessment, care or transportation to a medical facility.

(25) "Procedure" means a written, dated and signed course of action to carry out a directive. A procedure must be able to answer the questions; who, what, why, when and where.

(26) "Volunteer" means a person who is working without wages and is acting within the scope of his or her duties for an ambulance service, but who may receive reimbursement for personal expenses incurred.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-94; OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0020

Application Process to Obtain an Ambulance Service License

(1) Every person who furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the provision of ambulance service must apply for and receive an ambulance service license from the Division before offering such service to the public.

(2) The applicant for an ambulance service license must possess at least one ambulance, facilities, equipment, personnel, staffing capabilities, communications system, and services meeting the requirements of ORS chapter 682 and these rules.

(3) An applicant for an ambulance service license must submit an application to the Division on a form specified by the Division. A completed application form must contain, at a minimum:

(a) The name and address of the person or public entity owning the ambulance service;

(b) If other than the applicant's true name, the name under which the applicant is doing business;

(c) If for a corporation, a limited partnership, or a limited liability company, attach to the application:

(A) A written statement from the Oregon Secretary of State's Corporation Division Office that the ambulance service is registered in accordance with the requirements of the Secretary of State's Corporation Division Office and that the ambulance service is in good standing and has filed all its annual reports, together with filing fees;

(B) The name of the registered agent of the ambulance service that is on file with the Secretary of State's Corporation Division Office; and

(C) All trade names recorded with the Secretary of State's Corporation Division Office for this business entity, and if this business entity is a subsidiary, all trade names or names of all other subsidiaries recorded with the Secretary of State's Corporation Division Office.

(d) A copy of a signed signature authorization form or a power of attorney;

(e) The name of the principal contact person that the ambulance service wants contacted regarding official communications with the Division, if different than identified in section (3)(a) of this rule;

(f) The mailing and actual street address of the principal place of business of the ambulance service and the actual street address of all fixed locations where an ambulance is parked when not in operation;

(g) Proof of financial responsibility as specified in ORS 682.105. Proof must be in the form of a certificate of insurance;

(h) Copies of all licenses issued by the Federal Communications Commission (FCC) for the operation of the ambulance service's communications equipment and radio configuration data as required by the Division or written authorization from a FCC license holder to use the license holder's frequencies;

(i) If laboratory tests are conducted that require a license, a copy of that license;

(j) A copy of the operator's Air Carrier Operating Certificate, if the service will be operating an air ambulance;

(k) A copy of the operator's US Coast Guard Certificate of Compliance, if the service will be operating a marine ambulance;

(l) Copies of all telephone book yellow pages, where ambulance service advertising appears;

(m) A copy of a Prehospital Care Report Form or electronic field data format, which must be approved by the Division, if not using the Division's Prehospital Care Report Form;

(n) A roster in alphabetical order of all personnel in the employ of the ambulance service, at the time application for a license is made, who shall either operate an ambulance or attend to patients, or both, along with the following information for each employee and volunteer:

(A) The full legal name;

(B) The employment status as either full-time paid, part-time paid or volunteer;

(C) The level of EMT certification or other licenses held; and

(D) The certification or other license numbers, including driver and pilot license numbers for those persons operating the ambulance.

(o) A list of all ambulances to be operated by the ambulance service under the ambulance service license along with the information required for an ambulance license pursuant to ORS chapter 682 and these rules;

(p) A statement under the penalties of perjury that certifies the following:

(A) There has been no attempt to knowingly and willfully falsify, conceal, or omit a material fact, or make any false, fictitious, incomplete or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry for the purpose of obtaining or attempting to obtain an ambulance service license to operate in the State of Oregon. Where an applicant relies on documents submitted by employees, volunteers or agents, the applicant has made a reasonable effort to verify the validity of those documents;

(B) The applicant authorizes any persons or entities, including but not limited to hospitals, institutions, organizations, or governmental entities to release to the Division any information, files, or records requested by the Division in connection with the processing of an application; and

(C) Upon receiving an ambulance service license, the licensee authorizes disclosure of information by insurance companies, physicians, health care facilities, including but not limited to hospitals, nursing homes, or free standing medical centers, to the Division relating to service provided by the ambulance service to those facilities or to patients being taken from or to those facilities.

(q) The completed application must contain the signature(s) of the person(s) having the lawful responsibility for the overall operation of an ambulance service or the person having the power of attorney, or the authorized person empowered to sign on behalf of the ambulance service; and

(r) Such other information as the Division may reasonably require.

(4) If the applicant's primary ambulance service business office is located in another state, the applicant must:

(a) Meet requirements listed in sections (1) through (3)(r) of this rule; and

(b) Attach copies of their current ambulance service and ambulance license(s) for that state to the application.

(5) The completed application to license an ambulance service must be accompanied by a nonrefundable licensing fee of:

(a) $75, when the service has a maximum of four full-time paid positions; or

(b) $250, when the service has five or more full-time paid positions.

(6) Upon review of the completed initial application and nonrefundable fee, the Division shall schedule an inspection of the applicant's facilities, records and ambulances. The applicant must successfully complete the inspection to be issued an ambulance service license. A license shall be issued within ten business days of successful inspection.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-94; OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0030

Issuance of License to Operate an Ambulance Service

(1) When the completed ambulance service license application with the appropriate nonrefundable licensing fee has been received by the Division, and if it is found that the submitted data, facilities and records comply with the requirements of ORS chapter 682 and these rules, the Division shall issue an ambulance service license for the specified ambulance service.

(2) The ambulance service license:

(a) Shall be valid until June 30 of each year, unless sooner revoked or suspended. The initial licensing period may not exceed 15 months;

(b) Shall expire on June 30 of the following year, if a license is applied for and issued between April 1 and June 30; and

(c) Must be conspicuously displayed in the main business office of the ambulance service, or otherwise as directed by the Division.

(3) Except when specifically exempted by ORS 682.035, an out-of-state ambulance service that operates or advertises in Oregon must be licensed by the Division. An out-of-state ambulance service is not required to obtain an ambulance service license and ambulance license for the following situations:

(a) Transporting a patient through the state;

(b) Delivering a patient to a medical facility or other location within the state, if the beginning of the transport originated outside of the state;

(c) Picking up a patient at a medical facility or airport within the state for the purpose of transporting the patient to a medical facility or other location outside of the state, unless prohibited by the County's Ambulance Service Area Plan; or

(d) In the event of a man-made or natural disaster declared by federal, state or local officials and resulting in the need to utilize all available resources to provide patient care and transportation in the affected area.

(4) If an ambulance service license becomes lost, damaged or destroyed, the licensee must apply for a replacement license. The licensee must submit, to the Division, the completed application with a $10 nonrefundable fee for each replacement license.

(5) An ambulance service license is not transferable to a new owner of a purchased ambulance service.

(6) When an ambulance service is found to be in non-compliance with ORS chapter 682 or these rules, the Division may deny, suspend or revoke an ambulance service license or place the ambulance service on probation.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-94; OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0040

Ambulance Service Operational Requirements

(1) The licensee must ensure that the service, employees, volunteers and agents meet the following:

(a) Complies with all of the requirements of ORS chapter 682, ORS 820.300 through 820.380 and other applicable federal, state and local laws and regulations governing the operation of a licensed ambulance service;

(b) Notifies the Division, upon making initial application or within 14-days of the date of registration, of any new "trading as", "division of", or "doing business as" names utilized by the licensee;

(c) Transports only patients for which it has the resources to provide appropriate medical care and transportation unless in transfers between medical facilities, the sending or receiving facility has provided medically appropriate life support measures, personnel, and equipment to sustain the patient during the transfer; and

(d) When patients are charged for services, will make available to the public, information regarding ambulance service rates charged by the licensee.

(2) The licensee is responsible to provide each employee or volunteer:

(a) An initial orientation program which addresses, at a minimum, the state and county ambulance service and ambulance standards, county ASA plan, area trauma plan, ambulance service policies, patient rights, interfacing with fixed-wing, rotary-wing and marine ambulances when applicable and written standing orders. The initial orientation program must be completed prior to the employee or volunteer being allowed to staff an ambulance; and

(b) Access to current copies of these rules, and the documents referred to within these rules that are incorporated by reference.

(3) The licensee must have written procedures to carry out daily ambulance service operations. Procedures must include, but are not limited to:

(a) Bloodborne pathogen procedures that are in compliance with OAR 437-002-1030;

(b) The storage of medications including controlled substances if authorized by the EMS Medical Director. This procedure must meet Oregon Board of Pharmacy requirements in OAR chapter 855 and US Drug Enforcement Administration requirements found in 21 CFR 1301.75(b).

(c) The destruction of outdated medications including controlled substances if authorized by the EMS Medical Director. This procedure must meet Oregon Board of Pharmacy Requirements found in OAR chapter 855 and US Drug Enforcement Administration requirements found in 21 CFR 1307.21.

(d) The notification of management by an employee or volunteer if the employee or volunteer is unable to continue to work because of illness, injury, or lack of rest that would jeopardize patient care;

(e) The reporting of suspected child abuse as required in ORS 419B.005 through 419.B.050; and

(f) The reporting of suspected elderly abuse as required in ORS 124.050 through 124.095.

(4) If local governments enter into an intergovernmental agreement to provide or contract for ambulance service as allowed for by ORS 190.003 through 190.010, the local governments must have a signed contract.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-94; OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0041

Ambulance Service Personnel Educational Requirements and Quality Improvement

(1) The licensee must ensure that the service, employees, volunteers and agents meet the educational requirements by designating an EMS Training Director. The training director must provide or coordinate the following:

(a) A documented orientation program for all new employees and volunteers. The initial orientation program must include the subjects listed in OAR 333-250-0040(2)(a);

(b) The training of all medical personnel on the proper use of any new equipment, procedure or medication prior to being placed on an ambulance;

(c) The training required before a person may independently staff an ambulance, includes initial and refresher training:

(A) Bloodborne pathogen and infectious disease training that meets standards found in OAR 437-002-0360 and 437-002-1030;

(B) Hazardous materials awareness training that meets the Oregon Occupational Safety and Health Division standards found in OAR chapter 437;

(C) Emergency ground ambulance operator's training that meets Division standards when operating a ground ambulance;

(D) Air medical crew training that meets Division standards when operating an air ambulance; and

(E) Marine crew training that meets Division standards when operating a marine ambulance.

(d) If the training courses listed in sections (1)(c)(A) through (1)(c)(E) of this rule are not completed by the licensee, there must be verifiable written documentation placed in employee's or volunteer's training file that the employee or volunteer has completed the training elsewhere; and

(e) Any continuing education provided by the service for the purpose of EMT, air medical crew, and marine crew recertification.

(2) The licensee through the designated training director must document any EMT, air medical crew, and marine crew continuing education conducted through the service. The documentation of the training must be:

(a) In the form of a class roster that contains:

(A) Name of the ambulance service;

(B) Name of the instructor;

(C) Name of the EMT or employee attending the class;

(D) Class date;

(E) Class subject; and

(F) Class length; or

(b) In the form of a computer-generated printout history of an individual EMT's or employee's continuing education record that contains:

(A) The full name of the EMT or employee;

(B) Name of the ambulance service;

(C) Class dates;

(D) Class subjects; and

(E) Class lengths.

(c) Maintained in a secure manner with limited access for a minimum of four years.

(3) The licensee must establish a procedure to release copies of all records of continuing education completed by an EMT or employee through the service in a verifiable format to the requesting EMT or employee within five business days of being requested.

(4) The licensee must have a written quality improvement program that is approved by the EMS Medical Director.

(5) To assist the licensee and the EMS Medical Director in determining if appropriate and timely emergency medical care was rendered, the ambulance service designated official may request the following information from the hospital receiving the patient as authorized by ORS 682.056:

(a) Patient admit status and unit admitted to;

(b) Any procedure listed in section D04_04 of the National Highway Transportation Safety Administration dataset dictionary, version 2.2.1, and performed on the patient within the first hour of being admitted;

(c) Any medication administered to the patient within the first hour of being admitted; and

(d) Trauma system entry by emergency department staff.

(6) Information provided under section (5) of this rule is considered confidential pursuant to ORS 682.056. Any employee or volunteer participating in a quality improvement session, must have a signed confidentiality statement in their personnel file.

(7) If the licensee accepts students for EMT-Paramedic internships from an accredited teaching institution, the licensee must:

(a) Have a signed and dated contract with each teaching institution providing internship students; and

(b) Use qualified preceptors, as defined by OAR 333-265-0000, who will be assigned to supervise, document and evaluate the EMT-Paramedic student.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0042

Ambulance Operational Requirements

(1) The licensee must ensure that the service, employees, volunteers and agents meet the following requirements when providing ground ambulance service:

(a) Complies with all applicable statutes in the 2005 Oregon Motor Vehicle Codes relating to motor vehicle and emergency vehicle operations, ORS 820.300 through 820.380 and ORS chapter 445.

(b) Persons operating an ambulance must successfully complete an emergency vehicle operator's course of instruction prior to independently operating an ambulance. The course must meet or be equivalent to the 2003 National Safety Council for Emergency Vehicle Operators Course.

(c) Have a procedure:

(A) Detailing the operation of an ambulance for both emergency and non-emergency situations;

(B) To remove an ambulance from service when the mechanical condition of an ambulance is sufficiently unreliable so as to endanger or potentially endanger the health, safety, or welfare of a patient or crew member;

(C) To handle a mechanical breakdown and to repair or replace a damaged tire or wheel when the ambulance is in operation; and

(D) Detailing what steps are to be followed when an ambulance is involved in an accident. The procedure must include the submission of a legible copy of the Department of Motor Vehicles Accident Report to the Division within ten business days of the accident.

(2) The licensee must ensure that the service, employees, volunteers and agents meet the following when providing air ambulance service:

(a) Complies with the Federal Acquisition Regulation (FAR), 14 CFR Part 135 of the Operating requirements; Commuter and on demand operations and rules governing persons on board such aircraft; and

(b) Have the medical personnel staffing an air ambulance successfully complete the 2004 Association of Air Medical Services (AAMS) Guidelines or equivalent. There must also be an annual review of the Air Medical Crew course material, the length of which must be established by the EMS Medical Director.

(3) Utilize only an ambulance for the provision of providing ambulance service that has been issued a license by the Division and that complies with all requirements of ORS chapter 682, OAR chapter 333, division 255, and these rules.

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

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0043

Ambulance Service Personnel Record Keeping and Reporting Requirements

(1) The licensee must ensure that the service, employees, volunteers and agents meet the following:

(a) Maintains a complete and current personnel file, training file, and/or medical file for each employee and volunteer. The files must contain the employee's or volunteer's:

(A) Full name;

(B) Current home mailing address;

(C) Affiliation status, listed as either an employee full-time paid, employee part-time paid, volunteer, or agent;

(D) Copy of current EMT certificate respiratory therapist, registered nurse, physician assistant and/or physician license, when applicable;

(E) Copy of current driver's license and if the employee or volunteer operates an air ambulance, a copy of current pilot license;

(F) Copy of certified court printout of initial driver's license check done through the Oregon Department of Motor Vehicles Automated Reporting System Program or equivalent reporting program as approved by the Division, and any subsequent reported convictions, accidents or license suspensions. If the driver has an out-of-state drivers license, the licensee must participate in a similar program for that state, if available and if not available, conduct an annual driving record check;

(G) Copy of certificate of course completion that EMT-Basics, EMT-Intermediates, and non-EMT drivers have demonstrated knowledge and skills in the performance of one and two-person rescuer cardiopulmonary resuscitation (adult, child and infant) and relief of foreign body airway obstruction. The 2005 standards are set forth by the American Heart Association or equivalent standards approved by the Division.

(H) Copies of current Advanced Cardiac Life Support certificate, Pediatric Advanced Life Support certificate and Trauma Emergency Assessment Management, Trauma Nurse Core Course, Prehospital Trauma Life Support, or Basic Trauma Life Support certificates for RNs and PAs;

(I) Documentation of completing an ambulance service initial orientation program;

(J) Documentation of completing a bloodborne pathogen and infectious disease training course that meets standards found in OAR 437-002-0360 and 437-002-1030 and an annual refresher training course;

(K) Documentation of completing a Hazardous Materials Awareness training course that meets the Oregon Occupational Safety and Health Division standards found in OAR chapter 437 and an annual refresher training course;

(L) Documentation of completing a Division-approved emergency vehicle operator's course for ground ambulance drivers only. The course must meet or be equivalent to the standards of the 2003 National Safety Council for Emergency Vehicle Operators Course, (CEVO II-AMB);

(M) Documentation of completing the US Department of Transportation's Air Medical Crew National Standard Curriculum course or equivalent and annual refresher training for persons staffing air ambulances only;

(N) Dates that Tuberculosis tests were conducted;

(O) Dates of Hepatitis-B immunizations or a signed waiver;

(P) A signed statement by a non-EMT driver, RN and PA that they are not addicted to alcohol or controlled substances and are free from any physical or mental defect that might impair the ability to operate or staff an ambulance; and

(Q) A signed statement by the training director that the non-EMT, RN and PA has demonstrated the ability to properly assist in the extrication, lifting and moving of a patient.

(b) Items listed in sections (1)(a)(A) through (1)(a)(Q) of this rule must be completed prior to the employee or volunteer being allowed to independently staff an ambulance. Note: an employee or volunteer must begin the Hepatitis-B immunization series or have a signed waiver prior to independently staffing an ambulance.

(2) All records relating to an ambulance service's operations must be retained by the licensee or the licensee's successors or assigns for not less than seven years from the date of implementation, purchase, dispatch, etc., or longer if so required by law or regulation. The record keeping mechanism may be in any permanent form including paper or on magnetic media provided that the information can be made readily available for inspection by the Division.

(3) The licensee must promptly submit to the Division such information, including survey information, that the Division may reasonably require.

(4) The licensee must submit a completed Division-approved EMS personnel action report form to the Division, within the times specified, for any of the following actions:

(a) Hiring a new employee or volunteer, within 14 business days;

(b) Terminating or suspending an employee or volunteer for cause, within 14 business days; and

(c) Disciplinary action taken by the licensee or the EMS Medical Director for unprofessional conduct as listed in OAR 333-265-0000, within 14 business days.

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

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0044

Prehospital Care Report Form or Electronic Field Data Format Completion Requirements

(1) The licensee must ensure that the service, employees, volunteers and agents meet the following:

(a) A PCRF must be initiated in each instance where an ambulance arrives on the scene and patient contact is initiated.

(b) A complete PCRF or electronic field data format as specified by the Division must be:

(A) Prepared by ambulance personnel and delivered to appropriate hospital staff at the time patient care is transferred;

(B) Except when providing PCRF via electronic format. Ambulance personnel are to verbally relay pertinent patient care information to hospital staff prior to leaving the hospital. A completed report must be submitted to the hospital at a location designated by the hospital within 12 hours or prior to the crew going off-duty, whichever occurs first.

(c) If the ambulance crew is unable to complete the PCRF at the time patient care is transferred, the ambulance crew may depart after receiving verbal verification from an emergency department employee involved with providing patient care that sufficient patient information has been transferred to support safe and timely continuation of patient care.

(d) The licensee must return the ambulance crew to the hospital when requested by the attending physician for the purpose of obtaining the completed PCRF or additional patient care information. If acceptable to the attending physician, a completed PCRF can be faxed or electronically sent to the hospital;

(e) A PCRF or electronic field data form must contain all data points as defined by version 2.2.1 of the National Highway Transportation Safety Administration Uniform Pre-Hospital Emergency Medical Services Dataset and required by the Oregon Prehospital Care Database.

(2) A completed PCRF or electronic field data form is not required when there is a disaster or a multiple patient incident consisting of more than five patients or the number of patients prescribed in the county's ASA plan, and which results in a single ambulance transporting two stretcher patients at the same time or when an ambulance is required to make more than one trip to and from the incident site. In those situations, a completed triage tag, that includes listing of the trauma systems identification bracelet number, recording of the times and results of all vital signs taken and the times, name and dosage of any medication given is acceptable patient care documentation. However, every reasonable attempt must be made by the ambulance personnel to complete an approved PCRF or electronic field data form for each patient at the conclusion of the incident.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0045

Storage, Release and Destruction of Prehospital Care Report Form Requirements

(1) The licensee is responsible to ensure that the service, employees, volunteers and agents meet the following:

(a) Provide for secure storage of PCRFs, with limited access by office and ambulance personnel;

(b) Provide that the PCRFs are organized in a manner that will allow an authorized ambulance service representative to locate a PCRF within a reasonable amount of time, given a patient's name and the date and time of the ambulance call;

(c) Establish a procedure for releasing a copy of the PCRF to a medical facility receiving the patient, the patient, the patient's family, the patient's legal guardian, an insurance company, an attorney, a law enforcement officer and a law enforcement agency;

(d) Protect the confidentiality of patient information during quality improvement sessions by limiting access to the PCRF and having all persons having access to PCRFs sign a confidentiality statement; and

(e) Establish a procedure for the method and verification of the destruction of a PCRF. The procedure must include the following:

(A) Except for a minor patient, unless a patient is notified, an ambulance service may not destroy a medical record or report about a patient for ten years after the record or report is made, or longer if so required by law or regulation.

(B) In the case of a minor patient, a medical record or report about a minor patient may not be destroyed until the patient attains the age of majority plus three years or for ten years after the record or report is made, whichever is later, unless the parent or guardian of the minor patient is notified. The notification must:

(i) Be made by first class mail to the last known address of the patient;

(ii) Include the date on which the record of the patient shall be destroyed; and

(iii) Include a statement that the record or synopsis of the record, if wanted, must be retrieved at a designated location within 30-days of the proposed date of destruction.

(2) Under no circumstances shall an employee, volunteer or agent make a copy of a PCRF for their own personal record or remove the original or a copy of a completed PCRF from the licensee's files or facilities without having written approval of the licensee.

(3) All PCRFs must be made available for inspection and duplication when requested by the Division as authorized by ORS 41.675 and 41.685.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0046

Ambulance Service Communications and Dispatching Operational Requirements

(1) The licensee is responsible to ensure that the service, employees, volunteers and agents meet the following:

(a) Have a valid license from the Federal Communications Commission (FCC) to operate an EMS radio on assigned frequencies, or proper authorization from another agency holding a valid FCC license to operate on designated radio frequencies;

(b) Have 24-hour-a-day phone answering and dispatching capabilities or have a signed agreement or contract with a recognized primary or secondary Public Safety Answering Point (PSAP), who will provide telephone answering and emergency dispatching services;

(c) Provide a reliable means of alerting and communicating with an ambulance crew before, during and after an ambulance call;

(d) Immediately route all emergency calls received from the public on any of the licensee's ten digit telephone number to the PSAP, which is a 24-hour communications facility established as an answering location for 9-1-1 calls originating within a given service area. A primary PSAP receives all calls for emergency medical services directly from the public. A secondary PSAP only receives calls from a primary PSAP on a transfer or relay basis. When a licensee receives a request for an emergency ambulance and the licensee is a recognized secondary PSAP, the licensee may dispatch the ambulance and then notify the primary PSAP for coordination of other emergency responder agencies; and

(e) Any request for an ambulance received on the licensee's ten digit telephone number must be answered by a live person or have an answering machine referring the caller to the appropriate emergency telephone number.

(2) Maintains ambulance dispatch records as prescribed in ORS 820.330 and 820.340. The records must be kept by the licensee or the licensee must have a signed agreement with the PSAP, service or agency that provides telephone answering and dispatching services, that they will maintain and make available copies of the official dispatch records for a minimum of seven years.

(3) When the licensee employs dispatchers for the purpose of answering the telephone, taking information regarding the need for an ambulance and dispatching the ambulance, the dispatcher must have written documentation of completing:

(a) The Department of Public Safety Standards and Training's Emergency Medical Dispatcher's Course or equivalent; and

(b) Four hours of annual refresher training for dispatchers that meets the standards set forth by the Department of Public Safety Standards and Training.

(4) Air ambulance must meet Federal Acquisition Regulation (FAR), 14 CFR Part 135 of the Operating requirements; Commuter and on demand operations and rules governing persons on board such aircraft.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0047

Ambulance Service EMS Medical Director Operational Requirements

(1) The licensee must have a single EMS Medical Director, except when the licensee operates in diverse or non-contiguous counties, then the licensee may have one EMS Medical Director in each non-contiguous county of operation, or where a county or regional EMS system prescribes that multiple agencies within a county or region must have a governmentally appointed EMS Medical Director, that agency may have a different EMS Medical Director in contiguous counties. In this event, the signed agreement or contract may be between the EMS Medical Director and the county or regional EMS system. The licensee must ensure that the EMS Medical Director:

(a) Meets the requirements and duties as prescribed in OAR 847-035-0020 through 847-035-0030;

(b) Has a written set of treatment protocols for each level of service offered by the licensee; and

(c) Has a signed and dated agreement or contract with the licensee.

(2) When an EMS Medical Director authorizes the administration of controlled substances, the EMS Medical Director must have on file with the licensee:

(a) A US Drug Enforcement Administration License listing the name of the ambulance service and address where the controlled substances are stored when not on an ambulance; and

(b) A signed and dated procedure as to the amount stored on the ambulance and how controlled substances will be stored, accessed, recorded, administered, destroyed and secured. It is the responsibility of the EMS Medical Director to ensure that the procedure meets the minimum US Drug Enforcement Administration requirements found in 21 CFR 1301.75(b).

(3) If the licensee learns of the following, the licensee must notify the Division, in writing:

(a) Within 72-hours anytime an EMS Medical Director's medical license or US Drug Enforcement Administration license for the licensee has been denied, suspended, revoked or voluntarily surrendered; or

(b) 21-days prior to a change in the EMS Medical Director.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0048

Ambulance Service Ambulance Personnel Operational Requirements

(1) The licensee must ensure that the service, employees, volunteers and agents meet the personnel requirements as prescribed in OAR chapter 333, division 255, the licensing requirements for air, ground or marine ambulances.

(2) The licensee must not schedule or allow an employee or volunteer to serve on an ambulance who is impaired by excessive fatigue, illness, injury or other factors which may reasonably be anticipated to constitute a threat to the health and safety of patients or the public. An employee or volunteer shall not operate an ambulance or render patient care at any time while the employee's or volunteer's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for the employee or volunteer to begin or continue to operate an ambulance or provide patient care. It is the responsibility of the employee or volunteer to immediately notify the employee's or volunteer's supervisor if this occurs for the purpose of being removed from duty until such time that the employee or volunteer is no longer impaired.

(3) The licensee shall require each person staffing an ambulance or providing prehospital emergency or non-emergency care to display his or her level of EMT certification or display that he or she is a respiratory therapist, registered nurse, physician assistant or physician on the outermost garment of his or her usual work uniform at all times while staffing an ambulance or rendering patient care, and shall make reasonable efforts to display this information under other circumstances.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0049

Ambulance Service Housing of Personnel, Ambulance and Equipment Operational Requirements

(1) The licensee must ensure that the following are provided:

(a) An area where an employee or volunteer working a 24-hour shift may sleep or rest;

(b) An area equipped with adequate toilet, hand-washing and shower facilities with hot and cold running water, antiseptic soap and clean towels for hand and body drying. If the ambulance service facility does not have shower facilities, the licensee must have a signed agreement or contract with a medical facility or other entity to make available shower facilities to ambulance personnel for the purpose of showering after coming in contact with medical or other biohazardous waste;

(c) Separate areas for clean and soiled linen receptacles in accordance with the applicable Oregon Occupational Safety and Health Administration and other rules governing the handling of special medical wastes;

(d) A designated secure area for storing, or an alternate method and a procedure for identification and storage of, all medications which are deteriorated, outdated, misbranded, adulterated or otherwise unfit for use. This area or procedure must provide for the physical separation of defective supplies so that products are not confused with usable products. Security procedures for unusable medications, fluids and controlled substances must be the same as for usable supplies;

(e) A separate area to place malfunctioning patient care equipment out of service until the equipment has been repaired or replaced or enforces a procedure for an alternate method of identification and storage to assure that defective equipment will not be used;

(f) A reasonable inventory of patient care equipment, supplies and medications, shall be properly secured or have a signed agreement with a medical facility that the medical facility will provide the patient care equipment, supplies, and medications; and

(A) Controlled substances, when authorized by the EMS Medical Director, must be stored, accessed, inventoried, administered, destroyed and secured in a manner established in a signed and dated procedure by the EMS Medical Director. The procedure must be in accordance with the regulations promulgated by the US Drug Enforcement Administration (DEA) found in 21 CFR 1301.75(b).

(B) A copy of the EMS Medical Director's DEA license must be kept at each fixed ambulance location where controlled substances are stored other than in the ambulance.

(C) Pharmacological and medical supplies with expiration dates affixed thereon by the manufacturer or packager shall be removed from service no later than the expiration date. Expired pharmacological and medical supplies must be disposed of in accordance with applicable laws and regulations.

(2) Ambulances available for or subject to a call must be maintained to allow immediate starting of the engine and to prevent medications and medical supplies from becoming environmentally degraded.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0050

Request for Variance from Standards

(1) The licensee may request a variance from the standards established in ORS 820.330 to 820.380, ORS chapter 682 and these rules when:

(a) The licensee believes that compliance with a rule is inappropriate because of special circumstances which would render compliance unreasonable, burdensome, or impractical due to special conditions or causes, or because compliance would result in substantial curtailment of necessary ambulance service; and

(b) A city ordinance or county ASA plan exists, and the licensee has presented his or her request for a variance to the local city or county governing body and that body has given their approval for the proposed variance.

(2) A written request for a variance must be made to the Division. The Division may not grant a variance that may cause danger or harm to the public or to persons operating or staffing the ambulance. A written variance request must include:

(a) Justification for the variance request; and

(b) A detailed and realistic plan to resolve the need for a future variance.

(3) The request for variance may be presented to the State Emergency Medical Service Committee at a regularly scheduled meeting. The Public Health Director or designee, after considering the Committee's recommendation, when requested, may grant a variance:

(a) A variance shall be granted for a period of time as prescribed by the Division; and

(b) A subsequent variance may only be granted when the licensee has demonstrated to the Division, insofar as possible, adequate progress in resolving the need for the initial variance as described in the plan.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-94; OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0060

Right of Entry and Inspection of an Ambulance Service and Ambulance

(1) The Division may conduct an inspection for the purpose of evaluating the eligibility of an ambulance service or an ambulance to receive or retain a license and to ensure the health, safety, and welfare of the persons who utilize ambulances. Ambulance services that acquire and maintain current status with a nationally recognized EMS service program accreditation entity that meets or exceeds Oregon requirements may be exempted from the inspection process. A copy of the inspection report from the nationally recognized EMS service program accreditation entity must be filed with the Division for approval.

(2) Routine inspections of an ambulance service or an ambulance must be scheduled with the management of the ambulance service at least 72-hours in advance of the inspection unless otherwise mutually agreed upon by the Division and the ambulance service representative.

(3) Investigative inspections for the purpose of ensuring continued compliance with ORS chapter 682 and these rules do not require giving advanced notice to the licensee.

(4) In conducting an inspection or interview, the Division representative must:

(a) Identify him or herself by presenting the Division identification to the owner, manager, or ranking employee or volunteer present at the site of an inspection or interview;

(b) Inform the ambulance service representative of the purpose for the inspection or interview; and

(c) Inform the ambulance service representative when the inspection or interview has been completed and the results of the inspection only.

(5) The Division may make photographic or video-graphic documentation as part of an inspection for or an investigation of non-compliance with ORS Chapter 682 and these rules.

(6) Failure of the licensee to produce records for inspection or to permit examination of equipment and facilities by the Division shall be grounds for the denial, suspension or revocation of an ambulance service or ambulance license.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-94; OHD 7-2001, f. & cert. ef. 4-24-01l: PH 2-2007, f. & cert. ef. 2-1-07

333-250-0070

Denial, Suspension, or Revocation of an Ambulance Service License or Placing an Ambulance Service on Probation

(1) Conduct subjecting an ambulance service to discipline means conduct unbecoming a person who is either applying for or holds an ambulance service license and is detrimental to the best interest of the public and includes, but is not limited to the conduct listed in this rule.

(2) The Division may, in accordance with the provisions of ORS Chapter 183, deny, suspend, or revoke an ambulance service license or ambulance license. The Division may also place an ambulance service on probation, the terms of which shall be established by the Division. In addition to or in lieu of probation, suspension or revocation, the Division may cite an ambulance service for a violation and request corrective action.

(3) An individual, firm, partnership, limited liability company, corporation, association, or organization shall be considered in violation of ORS Chapter 682 and these rules if the Division determines that the individual, firm, partnership, limited liability company, corporation, association, or organization has done any of the following:

(a) Been convicted of a crime, including conviction of Medicare or Medicaid fraud, relating adversely to the person's capability of owning or operating an ambulance service;

(b) Violated ORS chapter 682 or any of these rules which poses a significant threat to the health and safety of the public;

(c) Made a material omission or misrepresentation of facts on an application for a license or waiver, or in response to an inquiry or investigation. This includes fraud or deceit in obtaining or attempting to obtain a license or waiver or in any other transaction with the Division;

(d) Failed to employ or contract for an approved EMS Medical Director, or to operate under the direction of an EMS Medical Director appointed by an appropriate governmental authority;

(e) Failed to have medical equipment and supplies required for operation at the highest level of service provided;

(f) Lent a license or borrowed or used the license of another, or knowingly aided or abetted the improper granting of a license;

(g) Defaced, altered, removed or obliterated any portion of any official entry upon a license, licensing decal, or waiver issued by the Division;

(h) Refused to respond to or render prehospital emergency care as required by protocol because of a patient's race, sex, creed, national origin, sexual preference, age, handicap, medical problem, or financial inability to pay;

(i) Failed to promptly notify the Division of a change of ownership, or to report any matter the reporting of which is required by ORS 682.220(4);

(j) Disclosed medical or other confidential information;

(k) Altered or inappropriately destroyed medical records;

(l) Willfully prepared or filed false reports or records, or induced another to do so;

(m) Engaged in a pattern of any of the following:

(A) Incompetence, negligence or misconduct in operating the ambulance service or in providing emergency medical care and transportation to patients;

(B) Abuse or abandonment of patients;

(C) Failure to comply with the county ASA plan, area trauma plan, or other lawfully promulgated policies, plans, or procedures;

(D) Failure to meet response time standards as prescribed by the county ASA plan or if no ASA plan is in effect, the area trauma plan;

(E) Misuse or misappropriation of medications or medical materials; and

(F) Other conduct determined by the Division to pose a significant threat to the public health and safety and the well being of ambulance patients.

(n) Failed to comply with the minimum personnel requirements or failed to have the required equipment in working order on an ambulance as prescribed in these rules;

(o) Had a continuing pattern of violations over a period of two or more years;

(p) Failed to submit a reasonable timetable to correct the violations cited by the Division;

(q) Interfered with the performance of the Division's duties; and

(r) Failed to pay all applicable licensing fees or civil penalties set by the Division.

(4) Upon receipt of a sufficient written or verbal complaint describing specific violations of ORS chapter 682 or any other relevant statute or rule, the Division shall initiate an investigation of the allegations. The Division does not have jurisdiction over and shall not take action on complaints that relate solely to rates charged a patient by an ambulance service.

(5) When an ambulance, upon inspection by the Division, manifests evidence of a mechanical or equipment deficiency which poses a significant threat to the health or safety of patients or crew, the Division shall immediately suspend that ambulance from operation. No ambulance which has been suspended from operation may be operated until the licensee has certified and the Division has confirmed that all of the violations have been corrected.

(6) The Division shall confirm by inspection or other appropriate means that all violations have been corrected within 48-hours of notification by the licensee. The licensee must notify the Division of corrections by personal telephone contact (voice mail messages will suffice), or telecopy, or in person during normal business hours. Notifications received by telecopy after 4:30 p.m. on a weekday or at any time on a weekend will be deemed received at 8 a.m. on the next workday. Telephonic notifications shall be deemed received at the time actual voice contact between the licensee and the Division's ambulance service licensing program representative or designee is established.

(7) In the event that a license is suspended or revoked, the licensee must cease ambulance service operations and no person except the Division may permit or cause the service to continue.

(8) The licensee must return all indications of licensing, including certificates and the remains of ambulance license decals to the Division by registered mail, posted within 48-hours of either receipt of notification of suspension or revocation or the effective date of revocation, whichever is later.

(9) The Division shall provide appropriate public notification of the suspension or revocation of an ambulance service license, or the placing of a service on probation.

(10) The Division may impose a fine not to exceed $5000 and recover the cost incurred from an ambulance service owner who either has admitted to the facts of the complaint or has been found, through a formal contested case proceeding, to have committed one or more violations of the regulatory statutes or rules.

(11) If a principal owner of an ambulance service has had its ambulance service license revoked, following the opportunity for a hearing as provided by ORS chapter 183, that person shall not be eligible to apply for or hold an ambulance service license for a period of two years from the date of revocation as specified in ORS chapter 682.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-94; OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0080

Surrender of License to Operate an Ambulance Service

(1) An ambulance service license is non-transferable.

(2) When the owner sells or closes an ambulance service, the owner must:

(a) Provide a minimum 30-days written notice of the intent to cease operation to the Division;

(b) Provide the required notice as prescribed in the county ASA plan to the county health department and the ASA authority in which the ambulance service operates; and

(c) Take such other actions as may be determined to be necessary by the Division or the county health or ASA authority to assure the smooth transition to a new ambulance service provider, including but not limited to permitting the continued operation of the existing provider for more than the required period of legal notice or making equipment and supplies available to an interim ambulance service provider.

(3) Within 10-days of final closing of the ambulance service sale, the owner must return the ambulance service license to the Division.

(4) An owner may not terminate the ambulance service business or otherwise cease operations in contravention of any provisions, rules or ordinances established under the provision of ORS chapter 682.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-94; OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07

333-250-0100

Advertising of an Ambulance Service

(1) The licensee may advertise only when the ambulance service and ambulance meets the requirements of ORS chapter 682 and these rules.

(2) If the licensee does not provide the level of service advertised, the license may be denied, suspended or revoked in accordance with the provisions of ORS chapter 183 for failure to comply.

(3) No licensee shall advertise or promote the use of any telephone number other than "9-1-1" for emergency ambulance service.

(4) A licensee which offers non-emergency service may advertise its non-emergency or business telephone number for other than emergency use, provided that in any print, audio or video advertising the phrase "FOR EMERGENCIES -- CALL 9-1-1" is provided. When using the phrase "FOR EMERGENCIES -- CALL 9-1-1" in print, it must be in bold-faced type at least one and one-half times the point size in which the non-emergency or business telephone number is displayed.

(5) Contents of ambulance service advertising must include:

(a) The legal name of the ambulance service indicated on the license issued by the Division;

(b) If the licensee advertises 24-hours-a-day operation, the ambulance service must provide uninterrupted service 24-hours-a-day, 7 days-a-week, 365 days-a-year;

(c) If the licensee provides service for only a portion of a 24-hour day or week, any advertising must specify the hours and days of operation; and

(d) Non-recallable advertisements initiated before the effective date of these rules does not constitute a violation of this rule.

(6) Advertising materials disclosure upon request. The licensee must maintain copies of all print, audio, video, and all other types of advertisements for one year after use and distribution have ceased, and must make those copies available to the Division upon request.

(7) Novelty or promotional items which are not distributed to the general public do not meet the definition of advertisement.

Stat. Auth.: ORS 682.017
Stats. Implemented: ORS 682.017 - 682.117, 682.991
Hist.: HD 18-1994, f. 6-30-94, cert. ef. 7-1-9; OHD 7-2001, f. & cert. ef. 4-24-01; PH 2-2007, f. & cert. ef. 2-1-07


The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Alphabetical Index by Agency Name

Numerical Index by OAR Chapter Number

Search the Text of the OARs

Questions about Administrative Rules?

Link to the Oregon Revised Statutes (ORS)

Return to Oregon State Archives Home Page