The Oregon Administrative Rules contain OARs filed through November 15, 2015
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION
DIVISION 3
PUBLIC HEALTH PREPAREDNESS
Impending Public Health Crisis
333-003-0010
Definitions
For purposes of OAR 333-003-0020
through 333-003-0080, the following definitions apply:
(1) “Authority”
means the Oregon Health Authority.
(2) “Bioterrorism”
has the meaning given that term in ORS 433.442.
(3) "Communicable disease" has
the meaning given that term in ORS 431.260.
(4) "Condition of public health
importance" has the meaning given that term in ORS 431.260.
(5) “Health care provider”
has the meaning given that term in ORS 433.443.
(6) "HIPAA" means the Health
Insurance Portability and Accountability Act of 1996 and regulations adopted there
under by the United States Department of Health and Human Services.
(7) “Individually identifiable
health information” has the meaning given that term in ORS 433.443.
(8) "Local public health administrator"
has the meaning given that term in ORS 431.260.
(9) "Local public health authority"
has the meaning given that term in ORS 431.260.
(10) "Public health emergency"
has the meaning given that term in ORS 433.442.
(11) "Public health law" has
the meaning given that term in ORS 431.260.
(12) "Reportable disease" has
the meaning given that term in ORS 431.260.
(13) "State Public Health Director"
is the person appointed by the Director of the Oregon Health Authority under ORS
431.035(3) or his or her designee.
(14) "Strategic National Stockpile
(SNS)" means the national repository of antibiotics, chemical antidotes, antitoxins,
life-support medications, IV administration, airway maintenance supplies, and medical/surgical
items, designed to supplement and re-supply state and local public health agencies
in the event of a national emergency anywhere and at anytime within the U.S. or
its territories.
Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 431.264
& 433.441 - 433.452
Hist.: PH 25-2004, f. &
cert. ef. 7-16-04; PH 8-2008, f. & cert. ef. 5-5-08; PH 5-2011(Temp), f. &
cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11
333-003-0020
Authority of the Public Health Director During a Public Health Emergency
(1) If the Governor declares a Public Health Emergency under ORS 433.441 the Public Health Director may take any action authorized in 433.443 or 431.264.
(2) If the Governor has not declared a public health emergency but the Public Health Director determines that public health actions in addition to those routinely taken by the Authority, the Public Health Director, the local public health authority or local public health administrator are necessary to respond to a public health threat, the Public Health Director may, with approval from the Governor, take any action authorized in ORS 431.264
Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 431.262, 431.264 & 433.441 - 433.452
Hist.: PH 25-2004, f. & cert. ef. 7-16-04; PH 8-2008, f. & cert. ef. 5-5-08
333-003-0040
Diagnostic and Treatment Protocols
(1) If the Public Health Director creates diagnostic and treatment guidelines or protocols in response to an emergency under ORS 431.264 or a declared public health emergency under 433.441, the Director shall consult with appropriate medical experts.
(2) Appropriate medical experts may include but are not limited to staff at the Centers for Disease Control and Prevention, a medical advisory group, and Public Health Division staff.
(3) To the extent feasible the Public Health Director shall make every effort to consult with local practicing health care providers regarding the development of diagnostic and treatment guidelines or protocols.
(4) Required diagnostic and treatment guidelines or protocols issued by the Public Health Director shall be in writing, and shall be provided to health care providers, institutions and facilities by one or more of the following means:
(a) Releases through print, radio or television media outlets;
(b) Releases in health care provider publications when timely; or
(c) Mailings, faxes, and/or e-mail or other electronic notification to affected health care providers, facilities and institutions.
(5) If the Governor or Public Health Director requests Strategic National Stockpile (SNS) materials and such a request has been approved, the State Public Health Director may:
(a) Distribute SNS materials to any local health department, hospital, point of dispensing, medical care point, or other health care facility; and
(b) Provide the local public health administrator with permission to dispense SNS materials as needed.
Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 431.264 & 433.44 1- 433.452
Hist.: PH 25-2004, f. & cert. ef. 7-16-04; PH 8-2008, f. & cert. ef. 5-5-08
333-003-0050
Access to Individually Identifiable Health Information
(1) During a declared public health emergency the Public Health Director and local public health administrators shall be given immediate access to individually identifiable health information.
(2) If the Public Health Director has been authorized to take a public health action under ORS 431.264, the Public Health Director may adopt reporting requirements for health care providers, institutions and facilities for the purpose of obtaining information directly related to the public health threat presented, including the reporting of individually identifiable health information for individuals with or exposed to:
(a) A communicable disease;
(b) A reportable disease; or
(c) A condition of public health importance.
(3) To the extent possible, whenever access to individually identifiable health information is needed under subsections (1) or (2) of this rule the Public Health Director or local public health administrator will provide the request for information in writing.
(4) A written request for information, when provided, shall include, but is not limited to:
(a) The legal authority for requiring the information;
(b) An explanation of why the access to individually identifiable health information is necessary;
(c) A description of the information needed; and
(d) An explanation of how the information must be provided or made available to public health officials.
(5) To the extent possible, the Public Health Director and local public health authority will coordinate requests for information to avoid duplicate requests to the same facility or provider.
Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 431.264 & 433.441 - 433.452
Hist.: PH 25-2004, f. & cert. ef. 7-16-04; PH 8-2008, f. & cert. ef. 5-5-08
333-003-0065
Civil Penalties
(1) Any person or entity that
fails to comply with a protocol, order, other requirement imposed by the Public
Health Director under ORS 431.262, 431.264, or 433.443 or these rules is subject
to the imposition of civil penalties not to exceed $500 per day per violation.
(2) In determining the amount
of a civil penalty the Authority shall consider whether:
(a) The Authority made repeated
attempts to obtain compliance;
(b) The person or entity has
a history of noncompliance with public health laws; and
(c) The violation poses a serious
risk to the public's health.
(3) Each day a violation continues
will be considered an additional violation.
(4) A notice of imposition of
civil penalties shall comply with ORS 183.745.
Stat. Auth.: ORS 413.042, 433.441
- 433.452
Stats. Implemented: ORS 433.441
- 433.452
Hist.: PH 8-2008, f. & cert.
ef. 5-5-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011,
f. & cert. ef. 10-27-11
333-003-0070
Temporary Restriction of Movement
(1) If the Public Health Director or the local public health administrator reasonably believes a person within his or her jurisdiction may have been exposed to a communicable reportable disease or a condition that is the basis for a declaration of a Public Health Emergency under ORS 433.441, the person may be detained for as long as necessary in order to obtain personal contact information and to convey information about the disease or condition.
(2) An individual subject to temporary restriction of movement will be provided with information including but is not limited to:
(a) Information on the disease or other hazard that the person may have been exposed to;
(b) Symptoms of the disease or resulting from exposure to the hazard and what to do in the event such symptoms occur; and
(c) How the person will be notified if it is determined that the individual was exposed to the disease or hazard.
(3) Restriction of movement shall be limited to the shortest duration of time reasonably required to provide health information to the individual and for the individual to provide contact information.
(4) The Authority or the local health public health administrator restricting movement shall use reasonable resources to deliver and collect information in a timely manner.
(5) Any individual failing to comply with the provisions of this section may be subject to the imposition of a public health measure as described in ORS 433.121 or 433.123.
(6) Individually identifiable contact information shall be held in a secure location and destroyed in accordance with applicable record retention schedules when no longer needed.
Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 433.441 - 433.452
Hist.: PH 25-2004, f. & cert. ef. 7-16-04; PH 8-2008, f. & cert. ef. 5-5-08
333-003-0080
Effect of Crisis Ending
Immediately upon termination of the declaration of the public health emergency, all actions taken pursuant to these rules are terminated unless an emergency related to the declaration has been proclaimed under ORS 401.055 or continuation of the actions is otherwise authorized by law.
Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 433.441 - 433.452
Hist.: PH 25-2004, f. & cert. ef. 7-16-04; PH 8-2008, f. & cert. ef. 5-5-08
Emergency Health Care Services
333-003-0100
Scope
The rules in OAR 333-003-0100 to 333-003-0210 pertain to the registration and deployment of health care providers to perform emergency health care services during a declared emergency and to the designation of emergency health care centers under ORS 401.651 to 401.670 during a declared emergency.
Stat. Auth.: ORS 401.651 - 401.670
Stats. Implemented: ORS 401.651 - 401.670
Hist.: PH 26-2004, f. & cert. ef. 7-30-04; PH 17-2010, f. & cert. ef. 8-12-10
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
Stats. Implemented: ORS 401.651
- 401.670
Hist.: PH 26-2004, f. &
cert. ef. 7-30-04; PH 8-2008, f. & cert. ef. 5-5-08; PH 17-2010, f. & cert.
ef. 8-12-10; PH 6-2012, f. 3-30-12, cert. ef. 4-1-12
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
Hist.: PH 26-2004, f. &
cert. ef. 7-30-04; PH 8-2008, f. & cert. ef. 5-5-08; PH 17-2010, f. & cert.
ef. 8-12-10; PH 6-2012, f. 3-30-12, cert. ef. 4-1-12
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
Stats. Implemented: ORS 401.651
- 401.670
Hist.: PH 26-2004, f. &
cert. ef. 7-30-04; PH 8-2008, f. & cert. ef. 5-5-08; PH 17-2010, f. & cert.
ef. 8-12-10; PH 6-2012, f. 3-30-12, cert. ef. 4-1-12
333-003-0116
Out-of-State Health Care Providers
(1) The Division may enter into agreements with other states to facilitate the registry of out-of-state health care providers in the Registry established under these rules.
(2) During a state of emergency declared under ORS 401.165 or a state of public health emergency proclaimed under 433.441, a health care provider who is licensed, certified or otherwise authorized or permitted by the laws of another state to administer health care services and who is registered under these rules may administer health care services in this state as if the health care provider were licensed in this state.
Stat. Auth.: ORS 401.670
Stats. Implemented: ORS 401.655
Hist.: PH 17-2010, f. & cert. ef. 8-12-10
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
Stats. Implemented: ORS 401.651
- 401.670
Hist.: PH 6-2012, f. 3-30-12,
cert. ef. 4-1-12
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
Hist.: PH 17-2010, f. &
cert. ef. 8-12-10; PH 6-2012, f. 3-30-12, cert. ef. 4-1-12
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
Stats. Implemented: ORS 401.654
Hist.: PH 6-2012, f. 3-30-12,
cert. ef. 4-1-12
333-003-0120
Health Care Providers Not Included in the Registry
A volunteer may provide emergency health care services at a designated emergency health care center if authorized to do so pursuant to the designated emergency health care center's emergency operations plan and credentialing plan.
Stat. Auth.: ORS 401.651 - 401.670
Stats. Implemented: ORS 401.651 - 401.670
Hist.: PH 26-2004, f. & cert. ef. 7-30-04; PH 17-2010, f. & cert. ef. 8-12-10
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
Stats. Implemented: ORS 401.651
- 401.670
Hist.: PH 26-2004, f. &
cert. ef. 7-30-04; PH 8-2008, f. & cert. ef. 5-5-08; PH 17-2010, f. & cert.
ef. 8-12-10; PH 6-2012, f. 3-30-12, cert. ef. 4-1-12
333-003-0130
Designation of Emergency Health Care Centers
(1) The Division may designate a health care facility, a portion thereof, or any location as an emergency health care center.
(2) During a declared emergency a designated emergency health care center may be used for:
(a) Evaluation and referral of individuals affected by the emergency;
(b) Provision of health care services; and
(c) Preparation of patients for transportation.
(3) A local public health authority may designate a health care facility, a portion thereof, or any location as an emergency health care center if authorized to do so in a cooperative agreement executed by the Division and the local public health authority.
(4) In order to be designated as an emergency health care center a health care facility is required to have an emergency operations plan that includes but is not limited to:
(a) An ICS structure;
(b) Procedures for increasing staff during an emergency;
(c) A credentialing plan that:
(A) Governs the use of registrants and volunteers;
(B) Provides for emergency privileges to be granted upon presentation of any of the following:
(i) A current picture hospital ID card;
(ii) A current license to practice and a valid picture ID; issued by a state, federal or regulatory agency;
(iii) Identification indicating that the individual is a member of Oregon Disaster Medical Assistance Team (ODMT);
(iv) Identification indicating that the individual has been granted authority to render patient care in emergency circumstances, such authority having been granted by federal, state, or municipal entity; or
(v) Presentation by current hospital or medical staff members(s) with personal knowledge regarding practitioner's identity.
(d) A description of individual(s) responsible for granting emergency privileges;
(e) A process for making decisions about whether to grant privileges to registrants or volunteers on a case-by-case basis and at the discretion of the individual(s) responsible for granting emergency privileges;
(f) A mechanism to readily identify the emergency-privileged individuals; and
(g) A process, to begin as soon as the situation that gave rise to the declaration allows, for verifying the license and any other information relevant to a registrant or volunteer who is granted emergency privileges under the credentialing plan.
(5) If the Division designates a location other than a health care facility as an emergency health care center the Division shall utilize its own emergency operations plan or ensure that the location is operated using a plan that includes the provisions described in section (4) of this rule.
(6) The Division shall consider the following in making a decision to designate a facility or another location as an emergency health care center:
(a) Whether the existing health care system is overwhelmed or incapacitated;
(b) Whether patients with a particular communicable disease need to be concentrated at particular locations or one location;
(c) Whether registrants are being activated to provide care at particular health care facilities or whether registrants or volunteers are needed to provide emergency health care services;
(d) Whether it is necessary for the state to direct activities at a health care facility or other location where emergency health care services are to be provided; or
(e) Whether a health care facility is being asked to perform services outside of the general scope of services it customarily provides.
(7) In order to facilitate the designation process during a declared emergency, the Division shall make every effort to pre-designate health care facilities, a portion thereof, or any location as an emergency health care center. Pre-designation shall include review and approval of the facility's emergency operations plan. For a location that is not a health care facility, the Division shall review the operations plan that would be utilized at that location.
(8) A facility or location that has been pre-designated does not automatically become a designated emergency health center upon a declaration. Designation shall be made in accordance with section (9) of this rule.
(9) If a facility or location is designated as an emergency health care center the Division shall notify the person in charge of a facility or location in writing and shall issue orders to the emergency health care center that identify the emergency response required by the Division and the time period that the designation is in effect. The liability protection described in OAR 333-003-0210 only extends to activities undertaken by a designated emergency health care center that are directed by the Division.
(10) To the extent practicable, the Division shall request that a facility accept the designation as an emergency health care center. However, acceptance of a designation is not required for the Division to exercise its authority under ORS 401.657.
(11) If the Division pre-designates a facility, portion thereof, or another location in accordance with section (7) of this rule, the Division shall review the applicable emergency operations plan every two years to ensure it remains acceptable.
(12) A designated emergency health care center may determine the services to be provided by a registrant or volunteer deployed under these rules.
Stat. Auth.: ORS 401.651 - 401.670
Stats. Implemented: ORS 401.651 - 401.670
Hist.: PH 26-2004, f. & cert. ef. 7-30-04; PH 8-2008, f. & cert. ef. 5-5-08; PH 17-2010, f. & cert. ef. 8-12-10
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
Stats. Implemented: ORS 401.651
- 401.670
Hist.: PH 26-2004, f. &
cert. ef. 7-30-04; PH 17-2010, f. & cert. ef. 8-12-10; PH 6-2012, f. 3-30-12,
cert. ef. 4-1-12
333-003-0200
Public Health Emergency Plans
The Public Health Director and local public health authorities shall use an incident command system framework in their respective public health emergency plans.
Stat. Auth.: ORS 431.266
Stats. Implemented: ORS 431.266
Hist.: PH 8-2008, f. & cert. ef. 5-5-08
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 30.260
through 30.300 for the purposes of any claims arising out of services that are provided
under 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 401.358 through 401.368.
Stat. Auth.: ORS 401.670
Stats. Implemented: ORS 401.667
Hist.: PH 17-2010, f. &
cert. ef. 8-12-10; PH 6-2012, f. 3-30-12, cert. ef. 4-1-12
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
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