Licensure

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_332/332_020.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON HEALTH AUTHORITY

HEALTH LICENSING OFFICE, BOARD OF DIRECT ENTRY MIDWIFERY

 

DIVISION 20
LICENSURE

332-020-0000
License Issuance and Renewal
(1) LICENSING: A licensee is subject
to the provisions of OAR chapter 331, division 30 regarding the issuance and renewal
of a license, and provisions regarding authorization to practice, identification,
and requirements for issuance of a duplicate license.
(2) LICENSE RENEWAL: To avoid
delinquency penalties, license renewal must be made prior to the license entering
inactive status. The licensee must submit the following:
(a) Renewal application form;
(b) Payment of required renewal
fee;
(c) Attestation of having
obtained required continuing education under OAR 332-020-0010, on a form prescribed
by the agency, whether license is current or inactive.
(d) Evidence of current certification
in cardiopulmonary resuscitation for adults and infants;
(e) Evidence of current certification
in neonatal resuscitation;
(f) Evidence of having completed
peer review documented on a form prescribed by the agency pursuant to OAR 332-040-0000;
and
(g) Submit a copy of individual
MANAstats practice report pursuant to OAR 332-020-0017.
(3) INACTIVE LICENSE RENEWAL:
A license may be inactive for up to three years. When renewing after entering inactive
status, the licensee must submit the following:
(a) Renewal application form;
(b) Payment of delinquency
and license fees pursuant to OAR 332-020-0020;
(c) Attestation of having
obtained required continuing education under OAR 332-020-0010, on a form prescribed
by the agency, whether license is current or inactive.
(d) Evidence of current certification
in cardiopulmonary resuscitation for adults and infants;
(e) Evidence of current certification
in neonatal resuscitation; and
(f) Evidence of having completed
peer review on a form prescribed by the agency pursuant to 332-025-0020.
(g) Submit a copy of individual
MANAstats practice report pursuant to OAR 332-020-0017.
(4) EXPIRED LICENSE: A license
that has been inactive for more than three years is expired and the licensee must
reapply and meet the requirements listed in OAR 332-015-0030.
Stat. Auth.: ORS 676.605, 676.615, 687.420,
687.425, 687.430, 687.485 & 687.493
Stats. Implemented: ORS 676.605,
676.615, 687.420, 687.425, 687.430, 687.485 & 687.493
Hist.: DEM 1-1993(Temp),
f. & cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94; DEM 1-2001(Temp),
f. & cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02;
DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 1-2008, f. 9-15-08 cert. ef. 10-1-08;
DEM 5-2010, f. 12-30-10, cert. ef. 1-1-11; DEM 5-2011, f. & cert. ef. 9-26-11;
DEM 2-2014, f. 12-31-14, cert. ef. 1-1-15
332-020-0010
Continuing Education
(1) Standard Continuing Education Renewal
Requirements: To maintain licensure an LDM must complete 35 hours of continuing
education related to services listed in ORS 687.405, cultural competency, patient
charting, ethics, communication, or professional development every two years from
the date of initial licensure and every two years thereafter.
(2) In addition to the requirements
listed in subsection (1) of this rule and in accordance with ORS 687.425 an LDM
who has attended less than five births in the previous renewal year must obtain
an additional 10 hours of continuing education separate from all other continuing
education requirements. The additional 10 hours of continuing education must be
obtained during the next renewal cycle. Subject matter for the additional 10 hours
of continuing education must be related to subjects listed in subsection (1) of
this rule.
(3) Initial Legend Drugs
and Devices Continuing Education Renewal Requirements for individuals licensed before
January 1, 2016: An applicant must successfully complete 40 hours of continuing
education in a program approved by the Board. This continuing education must be
completed prior to purchasing and administering legend drugs and devices and attested
to upon the first renewal following initial licensure. Additionally the requirements
in subsection (6) must be met upon renewal in 2016. The program is composed of theory,
hands-on practice, and skills testing for competency which must include the following:
(a) Eight hours in Pharmacology
covering drugs listed in ORS 687.493, OAR 332-026-0010 and 332-026-0020;
(b) Four hours of administration
of medications through injection;
(c) Four hours in advanced
treatment of shock;
(d) 10 hours in intravenous
therapy;
(e) Four hours in neonatal
resuscitation; and
(f) 10 hours in suturing.
(4) Initial Legend Drugs
and Devices Continuing Education Renewal Requirements including continuing education
in Group B Streptococcal: An individual licensed after January 1, 2016 must successfully
complete 48 hours of instruction in an approved curriculum prior to purchasing or
administering legend drugs and devices listed in division 26 of these rules or by
the date of first renewal following initial licensing as an LDM. The initial renewal
continuing education is comprised of theory, hands-on practice, and skills testing
for competency which must include the following:
(a) 10 hours in Pharmacology
covering drugs listed in ORS 687.493, OAR 332-026-0010 and 332-026-0020 including
intravenous antibiotics Group B Streptococcal prophylaxis;
(b) Four hours of administration
of medications through injection;
(c) Four hours in advanced
treatment of shock;
(d) 16 hours in intravenous
therapy including intravenous antibiotics Group B Streptococcal prophylaxis;
(e) Four hours in neonatal
resuscitation; and
(f) 10 hours in suturing.
(5) Subsequent Renewal Legend
Drugs and Devices Continuing Education Requirements: To maintain licensure an LDM
must complete eight and a half hours of legend drugs and devices continuing education,
every two-years and attest to this on the renewal application. The 8.5 hours of
legend drugs and devices continuing education is in addition to continuing education
required under subsection (1), (2), (3) or (4) of this rule with exception of neonatal
resuscitation. Each LDM is required to show evidence of current certification in
neonatal resuscitation upon renewal each year. Continuing education components for
subsequent renewals must include the following:
(a) Two hours in pharmacology
as of January 1, 2017 all subsequent renewal programs must include continuing education
in intravenous antibiotics for Group B Streptococcal prophylaxis;
(b) One half hour in administration
of medications through injection;
(c) One hour in advanced
treatment of shock;
(d) Three hours in intravenous
therapy as of January 1, 2017 all subsequent renewal programs must include continuing
education in intravenous antibiotics for Group B Streptococcal prophylaxis; and
(e) Three hours in suturing.
(6) Initial Legend Drugs
and Devices Continuing Education Renewal Requirements for individuals licensed before
January 1, 2016: An individual who has already completed the requirements listed
in subsection (3) of this rule, must successfully complete approved continuing education
in Intravenous antibiotics for Group B Streptococcal prophylaxis consisting of eight
hours of instruction including two hours in pharmacology and six hours in intravenous
administration. If applicable individuals licensed before January 1, 2016 must still
complete the requirements in subsection (1), (2) and (3) of this rule. The requirements
must be met:
(a) Prior to purchasing or
administering intravenous antibiotics for Group B Streptococcal prophylaxis; or
(b) By the date of renewal
in 2016.
(7) Continuing Education
may be obtained through online courses, attendance at lectures, sessions, courses,
workshops, symposiums seminars or other presentations offered by:
(a) Institutions or programs
accredited by a federally recognized accrediting agency;
(b) Institutions or programs
approved by an agency within the Oregon Higher Education Coordinating Commission;
(c) An organization offering
continuing medical education opportunities, including but not limited to, Accreditation
Council for Continuing Medical Education, MEAC accredited or pre-accredited schools
and the Oregon Midwifery Council.
(d) Any additional board
approved professional organization, or association, hospital, or health care clinic
offering continuing education related to subject matter listed above.
(8) Continuing education
relating to subject matter listed in subsection (1) of this rule may also be obtained
through research, authorship or teaching, provided that no more than half the required
hours be in research, authorship or teaching.
(9) Up to nine hours of continuing
education relating to subject matter listed in subsection (1) of this rule may be
completed through self-study. Documentation substantiating the completion of continuing
education through self-study must be submitted on forms provided by the agency and
must include the following:
(a) Name of sponsor or source,
type of study, description of content, date of completion, and duration in hours
in accordance with subsection (8) of this rule;
(b) Name of approved correspondence
courses or national home study issues;
(c) Name of publications,
textbooks, printed material or audiocassette's, including date of publication, publisher,
and ISBN identifier; and
(d) Name of films, videos,
or slides, including date of production, name of sponsor or producer and catalog
number.
(10) Obtaining and maintaining
proof of participation in continuing education is the responsibility of the licensee.
The licensee must ensure that adequate proof of attainment of required continuing
education is available for audit or investigation or when otherwise requested by
the agency. Adequate proof of participation is listed under OAR 332-020-0015(3).
(11) Documentation of participation
in continuing education requirements must be maintained for a period of two years
following renewal, and must be available to the agency upon request.
(12) Hours of continuing
education that are obtained in excess of the minimum requirements listed in this
rule will not be carried forward as credit for the subsequent license renewal reporting
cycle.
(13) For the purpose of this
rule continuing education must include periods of continuous instruction and education,
not to include breaks, rest periods, travel registration or meals.
(14) A copy of Board-approved
curriculum objectives for LDD program is available at the Health Licensing Office
or on the office website at http://www.oregon.gov/ohla/Pages/index.aspx. Payment
of administrative fees may be required. Refer to OAR 331-010-0030 for applicable
public record request fees.
(15) Continuing education
hours obtained for legend drugs and devices, neonatal resuscitation or cardiopulmonary
resuscitation for adults and infants cannot be used towards the 35 Standard Continuing
Education Renewal Requirements listed under subsection (1) of this rule.
Stat. Auth.: ORS 676.615, 687.425 &
687.485
Stats. Implemented: ORS 676.615,
687.425 & 687.485
Hist.: DEM 1-1993(Temp),
f. & cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94; DEM 1-2001(Temp),
f. & cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02;
DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 2-2008(Temp), f. 9-15-08 cert. ef.
10-1-08 thru 3-30-09; DEM 1-2009, f. 3-31-09, cert. ef. 4-1-09; DEM 5-2010, f. 12-30-10,
cert. ef. 1-1-11; DEM 1-2013(Temp), f. 7-10-13, cert. ef. 7-12-13 thru 1-8-14; DEM
2-2013, f. 12-30-13, cert. ef. 1-1-14; DEM 2-2014, f. 12-31-14, cert. ef. 1-1-15;
DEM 2-2015, f. & cert. ef. 7-1-15
332-020-0015
Continuing Education: Audit, Required
Documentation and Sanctions
(1) The Agency will audit a select percentage
of licenses to verify compliance with continuing education requirements.
(2) Licensees notified of
selection for audit of continuing education attestation must submit to the agency,
within 30 calendar days from the date of issuance of the notification, satisfactory
evidence of participation in required continuing education in accordance with OAR
332-020-0010.
(3) Evidence of successful
completion of the required continuing education must include the following:
(a) Name of continuing education
sponsor/provider;
(b) Course agenda —
including the date of the training and breakdown of hours for each agenda item,
lunch and breaks;
(c) Course outline —
including a detailed summary of each topic discussed and the learning objective
or training goal of each agenda item; The content of the course must have a direct
relationship between the course training and subject matter related to Direct Entry
Midwifery, as outlined in OAR 332-020-0010;
(d) Background resume of
speakers or instructors; and
(e) Documentation of attendance
or successful course completion. Examples include a certificate, transcript, sponsor
statement or affidavit attesting to attendance, diploma.
(4) If documentation of continuing
education is invalid or incomplete, the licensee has 30 calendar days from the date
of the deficiency notice to correct the deficiency and submit further documentation
to substantiate having completed the required continuing education.
(5) Misrepresentations of
continuing education or failure to complete continuing education requirements may
result in disciplinary action, which may include but is not limited to assessment
of a civil penalty and suspension or revocation of the license.
Stat. Auth.: ORS 687.425 & 687.485
Stats. Implemented: ORS 687.425
& 687.485
Hist.: DEM 1-2002, f. 2-25-02
cert. ef. 3-1-02; DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 5-2010, f. 12-30-10,
cert. ef. 1-1-11; DEM 2-2013, f. 12-30-13, cert. ef. 1-1-14
332-020-0015
Continuing Education: Audit, Required Documentation and Sanctions
(1) The agency will audit a select percentage of licenses determined by the board to verify compliance with continuing education requirements.
(2) A licensee notified of selection for audit of continuing education attestation must submit to the agency, within 30 calendar days from the date of notification, satisfactory evidence of participation in required continuing education in accordance with OAR 332-020-0010.
(3) If selected for audit, the licensee must provide documentation of the required continuing education, which must include:
(a) Certificate of completion, official transcript, statement or affidavit from the sponsor attesting to attendance or other documentation approved by the agency.
(b) Name of sponsoring institution/association or organization;
(c) Title of presentation and description of content;
(d) Name of instructor or presenter;
(e) Date of attendance and duration in hours; and
(f) Course agenda.
(4) If documentation of continuing education is incomplete, the licensee has 30 calendar days from the date of notice to submit further documentation to substantiate having completed the required continuing education.
(5) Failure to meet continuing education requirements shall constitute grounds for disciplinary action, which may include but is not limited to assessment of a civil penalty and suspension or revocation of the license.
Stat. Auth.: ORS 687.425 & 687.485

Stats. Implemented: ORS 687.425 & 687.485

Hist.: DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 5-2010, f. 12-30-10, cert. ef. 1-1-11
332-020-0017
Reporting Requirements
(1) In accordance
with ORS 687.425, for renewal of a license an individual licensed as an LDM must
submit data on every mother and baby electronically to the MANAstats Project on
any form prescribed by MANA, and in accordance with the policies and procedures
established by MANA. A licensee must:
(a) Begin
data collection with MANA for each mother who initiates care as of June 1, 2011;
and
(b) Submit
a copy of their individual MANAstats practice report annually to the agency at the
time of license renewal, beginning June 2012.
(2) A
licensee is required to notify the agency of the number of mothers who decline consent
to participate in the MANAstats data collection system annually on a form prescribed
by the agency.
(3) When
a mother declines consent to participate in the MANAstats data collection, the licensee
must provide de-identified mother and baby data to the agency on a form prescribed
by the agency. If there are multiple licensees present at the same birth, the licensees
must designate one licensee to report to the agency.
Stat. Auth.:
ORS 687.485 & 676.615

Stats.
Implemented: ORS 687.425, 687.435, 687.485, 687.495, 676.606 & 676.607

Hist.:
DEM 5-2010, f. 12-30-10, cert. ef. 1-1-11; DEM 5-2011, f. & cert. ef. 9-26-11

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