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SERV-OR Rules
  • Division 3: Public Health Preparedness:

     Emergency Care Service Rule (Secretary of State Web site)

Senate Bill 563 (2011) revised the Oregon Revised Statutes and, consequently, the Oregon Administrative Rules that govern SERV-OR.  Below is the final revised version of the Administrative Rules resulting from SB 563, including changes allowing the registration of previously licensed healthcare providers.  Note that this is a temporary posting of the final rules. They will appear on the Secretary of State's web site (above) on or around May 1, 2012.

 

 

OREGON ADMINISTRATIVE RULES

OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION

CHAPTER 333

 

DIVISION 3

 

PUBLIC HEALTH PREPAREDNESS

 

Emergency Health Care Services
 

333-003-0105

Definitions

For purposes of OAR 333-003-0100 through 333-003-0140, the following definitions apply:

(1) "Cooperative Agreement" means an agreement between the Division and a local public health authority under ORS 401.657.

(2) "Credentialing" means granting privileges or permission, including any limitations or limits on the privileges or permission, authorizing a health care provider to provide health care services at a health care facility.

(3) "Credentialing plan" means the procedures established by an emergency health care center for credentialing registrants and volunteers, including but not limited to a plan for verifying that a health care provider is in good standing.

(4) "Declaration" or “declared emergency” means the Governor has declared a state of emergency to exist under ORS 401.055 or 433.441

(5) "Division" means the Oregon Health Authority, Public Health Division.

(6) "Emergency health care center" means a health care facility, or any portion thereof designated by the Division or by a local public health authority or any other location designated by the Division or by a local public health authority in accordance with OAR 333-003-0130.

(7) "Emergency health care services" means health care services rendered by a registrant or volunteer during a declared emergency.

(8) "Emergency Support Function 8 (ESF-8)” means the Public Health and Medical Services response for the State of Oregon during a declared emergency.

(9) "Health care facility" means a health care facility as defined in ORS 442.015 that has been licensed under ORS chapter 441.

(10) "Health care provider" means:

(a) An individual licensed, certified or otherwise authorized or permitted by the laws of this state or another state to administer health care services in the ordinary course of business or practice of a profession; and

(b) A person entered in the emergency health care provider registry under Oregon Laws 2011, chapter 89 and OAR 333-003-0117.

(11) "Health professional regulatory board" has the meaning given that term in ORS 676.160.

(12) "Incident Command System (ICS)" means a standardized on-scene emergency management system that enables multiple agencies and jurisdictions to respond to single or multiple incidents using an integrated organizational structure.

(13)(a) "In good standing" means that:

(A) A health care provider is currently certified, registered or licensed, does not have any disciplinary restrictions placed on any certificate, registration or license, and who is not suspended or on probation with any certifying, registering or licensing agency that issued a certificate, registration or license for any reason; or

(B) At the time the health care provider was last certified, registered or licensed the health care provider:

(i) Did not have any disciplinary restrictions placed on a certificate, registration or license; and

(ii) Was not on probation or did not have a certificate, registration or license revoked or suspended by the certifying, registering or licensing agency that issued the certificate, registration or license, for any reason.

(b) An individual is not in good standing if he or she voluntarily surrendered a certificate, registration or license while under investigation by a certifying, registering, or licensing board or surrendered a certificate, registration or license in lieu of discipline.

(14) "Local public health authority" has the meaning provided in ORS 431.260.

(15) "Registrant" means a health care provider listed on the Registry.

(16) "Registry" means the Health Care Provider Registry established by the Division.

(17) "Volunteer" means a health care provider who is not a registrant or is a registrant but is not deployed by the Registry, who provides emergency health care services at an emergency health care center.

Stat. Auth.: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89
Stats. Implemented: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89
 

333-003-0110

The Health Care Provider Registry

(1) Under ORS 431.654 the Division is authorized to maintain a registry of health care providers who may, during a declared emergency, be deployed by the Division to provide emergency health care services. The Division shall include the following minimum information in the Registry concerning each registrant:

(a) Name;

(b) Contact information;

(c) Current license, registration or other certification, or previous license, registration or certification; and

(d) Information about the registrant's usual or former practice or specialty, if that information is available and the Division determines it is necessary to include in the Registry.

(2) Health care providers that may be registered include but are not limited to individuals currently or previously within the last 10 years licensed, registered or certified by the:

(a) State Board of Examiners for Speech-Language Pathology and Audiology;

(b) State Board of Chiropractic Examiners;

(c) State Board of Licensed Social Workers;

(d) Oregon Board of Licensed Professional Counselors and Therapists;

(e) Oregon Board of Dentistry;

(f) Board of Examiners of Licensed Dietitians;

(g) State Board of Massage Therapists;

(h) Oregon Board of Naturopathic Medicine;

(i) Oregon State Board of Nursing;

(j) Oregon Board of Optometry;

(k) State Board of Pharmacy;

(l) Oregon Medical Board;

(m) Occupational Therapy Licensing Board;

(n) Physical Therapist Licensing Board;

(o) State Board of Psychologist Examiners;

(p) Board of Medical Imaging;

(q) State Board of Direct Entry Midwifery;

(r) State Board of Denture Technology;

(s) Respiratory Therapist Licensing Board; or

(t) Oregon Health Authority, to the extent that the Authority certifies emergency medical technicians.

(3) The Division may share information about registrants with state and local emergency management departments, local public health authorities, and other state or federal agencies and health care facilities as necessary, for emergency response purposes. Nothing in this section prohibits the Division from sharing registry information for any lawful purpose.

Stat. Auth.: ORS 401.651 - 401.670
Stats. Implemented: ORS 401.651 - 401.670

333-003-0115

Registration of Currently Licensed Health Care Providers; Renewal

(1) A health care provider who is currently licensed, registered or certified may apply to the Division to be registered as a health care provider to provide emergency health care services during an emergency.

(2) A health care provider shall apply by completing a form prescribed by the Division and submitting the form in the manner prescribed by the Division.

(3) The Division shall verify that an applicant is in good standing.

(4) The Division may request additional information from an applicant if the application is incomplete or questions arise about the applicant during the Division’s verification process.

(5) The Division may require that an applicant undergo a criminal background check if during the application process the Division learns of issues related to the applicant's history that reasonably raises questions about the ability of the applicant to safely provide emergency health care services.  If the Division does require a criminal background check an applicant must sign any necessary authorizations for the criminal background check, provide fingerprints if requested and pay any necessary fees to cover the costs for the background check. 

(6) The Division shall notify an applicant, in writing, if he or she has been accepted as a registrant and if not, why not.

(7) If an applicant has been accepted, the Division shall also provide the registrant information described in OAR 333-003-0118.

(8) The Division shall issue a registrant a registry identification card once the registrant has completed the orientation and training required in OAR 333-018-0118. The identification card shall:

(a) Identify the registrant;

(b) Indicate that the registrant is registered as an emergency health care provider;

(c) Identify the license or certification held by the registrant; and

(d) Identify the registrant's usual area of practice if that information is available and the authority determines that it is appropriate to provide that information.

(9) The Division shall require each registrant to update his or her registration information every two years, or when changes occur, and a registrant shall be required to sign a form, prescribed by the Division, that indicates the registrant is willing and able to remain on the Registry.

(10) A registrant identification card shall be renewed and provided to a registrant who fulfills the requirements in section (9) of this rule.

(11) The Division may remove a registrant from the Registry if the Division:

(a) Is notified or learns that a registrant is not in good standing with his or her licensing board or certifying agency;

(b) Determines that a registrant is not capable of providing emergency health care services;

(c) Determines that a registrant has a personal or criminal history that calls into question the ability of the registrant to safely provide emergency health care services; or

(d) Determines that a registrant is not complying with these rules.

(12) A registrant removed from the Registry may reapply at any time but must include with his or her application an explanation that describes how the issue that led to removal has been addressed.

(13) The Division may require a registrant to undergo a criminal background check if at any time the Division learns of issues related to the registrant’s history that reasonably raises questions about the ability of the applicant to safely provide emergency health care services.  If the Division does require a criminal background check a registrant must sign any necessary authorizations for the criminal background check, provide fingerprints if requested and pay any necessary fees to cover the costs for the background check. 

Stat. Auth.: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89
Stats. Implemented: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89
 

333-003-0117

Registration of Formerly Licensed Health Care Providers; Renewal

(1) A person who was licensed, certified or otherwise authorized to provide health care services not more than 10 years prior to the date of application, may apply to the Division to be registered as a health care provider to provide emergency health care services during an emergency.

(2) A person described in section (1) of this rule shall apply by completing a form prescribed by the Division and submitting the form in the manner prescribed by the Division.

(3) An applicant shall provide evidence from the entity that licensed, certified, or otherwise authorized the applicant to previously provide health care services that verifies that the applicant was in good standing at the time the applicant surrendered his or her license, certification or authorization to provide health care services.  

(4) The Division may request additional information from an applicant if the application is incomplete or questions arise about the applicant during the Division’s verification process.

(5) An applicant shall undergo a criminal background check and shall sign any necessary authorizations and pay any necessary fees for the criminal background check.

(6) The Division shall notify an applicant, in writing, if he or she has been accepted as a registrant and if not, why not.

(7) If an applicant has been accepted, the Division shall also provide the registrant information described in OAR 333-003-0118.

(8) The Division shall issue a registrant a registry identification card once the registrant has completed the orientation and training required in OAR 333-018-0118. The identification card shall:

(a) Identify the registrant;

(b) Indicate that the registrant is registered as an emergency health care provider;

(c) Identify the license or certification previously held by the registrant; and

(d) Identify the registrant's former area of practice if that information is available and the Division determines that it is appropriate to provide that information.  

(9) The Division shall require each registrant to update his or her registration information every two years, or when changes occur, and a registrant shall be required to sign a form, prescribed by the Division, that indicates the registrant is willing and able to remain on the Registry.  A registrant shall provide documentation of completed continuing education credits with the renewal form. 

(10) The Division shall conduct a criminal background check on registrants registered under this rule every five years.  A registrant is responsible for signing any necessary authorizations and paying any necessary fees.  

(11) A registrant identification card shall be renewed and provided to a registrant who fulfills the requirements in section (9) and (10) of this rule.

(12) The Division may remove a registrant from the Registry if the Division:

(a) Is notified or learns that a registrant is not in good standing with his or her licensing board or certifying agency;

(b) Determines that a registrant is not capable of providing emergency health care services;

(c) Determines that a registrant has a personal or criminal history that calls into question the ability of the registrant to safely provide emergency health care services; or

(d) Determines that a registrant is not complying with these rules.

(13) A registrant removed from the Registry may reapply at any time if the registrant meets the criteria in section (1) of this rule but must include with his or her application an explanation that describes how the issue that led to removal has been addressed.

Stat. Auth.: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89
Stats. Implemented: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89

333-003-0118

Duties of Registrants

(1) A registrant is required to complete an orientation session offered or approved by the Division and complete mandatory training offered or approved by the Division including but not limited to ICS training, prior to receiving an identification card.

(2) A registrant has one year from the date the registrant is notified of acceptance into the Registry to complete the orientation and required training or the Division shall remove the registrant’s name from the Registry.

(3) If the Division notifies a registrant of an activation, the registrant shall respond to the Division within 24 hours whether or not the registrant is willing to be activated and deployed in accordance with OAR 333-003-0125.

(4) A registrant is required to notify the Division, as soon as practicable, but within 30 days, of the following:

(a) A change in mailing address, phone number, or electronic mail address;

(b) A change in licensure status, certification or registration status; and

(c) A change in mental or physical health that renders a registrant unable to perform emergency health care services.

(5) A registrant shall immediately notify the Division if a registrant's identification card is lost or stolen. The Division shall replace a lost or stolen identification card and may charge a fee for the replacement card.

(6) A registrant may request removal from the Registry at any time by notifying the Division, in writing, of the request, and by returning the identification card described in OAR 333-003-0115. Upon receipt of such request and verification that it came from the registrant, the Division shall remove the registrant from the Registry.

(7) If at any time a registrant is notified by the Division that the registrant has been removed from the Registry, the registrant shall return the identification card described in OAR 333-003-0115 to the Division within 10 days of the date the notification was mailed or electronically mailed. Removed registrants may re-apply at a later date subject to Division approval.

(8)  A registrant may only provide health care services during an emergency that the registrant is competent to perform.

Stat. Auth.: ORS 401.670
Stats. Implemented: ORS 401.654

 

333-003-0119

Criminal Background Checks

The Division shall perform criminal background checks in accordance with OAR chapter 943, division 7, or through the Oregon State Police.

Stat. Auth.: ORS 401.670, Oregon Laws 2011, Chapter 89
Stats. Implemented: ORS 401.654, Oregon Laws 2011, Chapter 89


333-003-0125

Activation of Registrants

(1) The Division may activate the Registry in the event of a declaration and direct registrants willing to provide emergency health care services to proceed to any place in Oregon where emergency health care services are required by reason of the emergency or crisis.

(2) The Division may also activate the Registry pursuant to the Emergency Management Assistance Compact and the Pacific Northwest Emergency Management Arrangement and direct registrants willing to provide emergency health care services to proceed to another state where emergency health care services are required by reason of the emergency or crisis in that state.

(3) The activation of the Registry may be used to support the state Emergency Coordination Center, the State Emergency Management Plan and to implement ESF 8 plans, protocols, and procedures to integrate registrants into the state and local emergency response.

(4) The Division shall notify registrants of activation by phone, electronic mail, or any other means of communications.

(5) The Division shall provide, at a minimum, the following to a registrant willing to be deployed:

(a) A mission order;

(b) A description of items needed during the deployment; and

(c) If applicable, items that will be provided to a registrant.

(6) A registrant willing to be deployed shall bring his or her registry identification card and driver's license to the deployment site.

(7) A registrant may decline to be deployed at the time the registrant is notified of the activation. A registrant shall remain on the Registry whether or not the registrant agrees to be deployed unless the registrant notifies the Division in accordance with OAR 333-003-0118 that he or she wants to be removed from the Registry.

(8) If a registrant deployed under these rules provides emergency health care services at a designated emergency health care center the registrant must provide those services in accordance with the emergency operations plan and credentialing plan adopted by the designated emergency health care center.

(9) In anticipation of a declaration of emergency or during a declared emergency the Division may register health care providers without complying with OAR 333-003-0115 and provide just-in-time orientation and training. Under this section the Division shall verify licensure status as quickly as possible and shall issue the health care provider a temporary identification card.

Stat. Auth.: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89
Stats. Implemented: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89
 

333-003-0140

Training

(1) The Division may require or otherwise make available to registrants training that the Division determines necessary or beneficial to the provision of emergency health care services that may be rendered by registrants pursuant to ORS 401.651 through 401.670 and these rules, including but not limited to training in the emergency response system structure, operations, emergency preparedness and table top or other emergency response exercises. The Division shall not require training that is related to a registrant's professional license.

(2) A person who is registered in accordance with OAR 333-003-0117 shall:

(a) Prior to being eligible for activation, and thereafter every three years, complete the following training and provide documentation of completion to the Division. 

(A) First Aid that includes CPR and AED use;

(B) Basic Disaster Life Support;

(C) Triage; and

(D) Psychological First Aid.

(b) Complete at least a total of six hours of continuing education credits every two years on the following subjects or substantially similar subjects:

(A) Disaster medicine;

(B) Psychological first aid;

(C) Disaster life support; and

(D) Wilderness first aid or medicine.

Stat. Auth.: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89
Stats. Implemented: ORS 401.651 - 401.670, Oregon Laws 2011, Chapter 89

333-003-0210

Liability Protection; Workers' Compensation

(1) Registrants and volunteers who perform emergency health care services in accordance with ORS 401.651 through 401.670 and these rules are agents of the state under ORS 30.260 through 30.300 for the purposes of any claims arising out of services that are provided under ORS 401.651 through 401.670 and these rules pursuant to directions from a public body and that are within the course and scope of the registrant’s or volunteer's duties, without regard to whether the registrant or volunteer is compensated for the services.

(2) If the Governor declares an emergency a designated emergency health care center and persons operating a designated emergency health care center are agents of the state under ORS 30.260 through 30.300 for the purposes of any claims arising out of services that are provided through the designated emergency health care center pursuant to directions from a public body and that are within the course and scope of the duties of the health care facility or other person, without regard to whether the health care facility or other person is compensated for the services.

(3) A registrant participating in training authorized by the Oregon Health Authority under ORS 401.651 through 401.670 and OAR 333-003-0140 is an agent of the state under ORS 30.260 through 30.300 for the purposes of any claims arising out of that training.

(4) The provisions of section (2) of this rule apply only to a designated emergency health care center that has adopted an emergency operations plan and credentialing plan that governs the use of registrants and volunteers. An emergency operations plan and a credentialing plan must comply with these rules.

(5) A registrant shall also be considered a qualified emergency services volunteer under ORS 401.358 through 401.368 for the purpose of receiving workers' compensation coverage if injured in the course and scope of providing emergency health care services.

(6) A volunteer must meet the definition of a qualified emergency services volunteer under ORS 401.358 in order to receive workers' compensation coverage under ORS 401.358 through 401.368.

Stat. Auth.: ORS 401.670
Stats. Implemented: ORS 401.667