PROPOSED RULES: Written Comments due by May 21, 2013 |
You are invited to review these proposed rules and
submit comments by Tuesday, May 21, 2013.
|
ALL LICENSEES
Approval of Suspensions and Terminations of Orders by Operation of Law
Proposed rule amendment will move (renumber) the rule on criminal records checks from Division 020 to Division 008 to accurately show that it applies to all board applicants and licensees and clarifies that the submitted fingerprints must be legible.The proposed new rule delegates authority to the Executive Director and Medical Director to approve Suspensions and Terminations of Orders that occur by operation of law. Currently, Suspensions that occur by operation of law are those required by statute for licensees who are in arrears for child support, licensees who do not comply with the CME audit requirements, licensees who are adjudged to be mentally ill or admitted to a treatment facility for a mental illness for more than 25 consecutive days, and licensees who are inmates in a penal institution. Currently, Terminations of Orders that occur by operation of law are those required by statute for licensees who come into compliance with child support or come into compliance with the CME audit requirements after the minimum 90 day suspension.
PHYSICIANS AND PODIATRIC PHYSICIANS (MD/DO/DPM)
Office-Based Surgery
Proposed rule amendment establishes documentation standards for drugs dispensed, distributed or administered; clarifies that distribution, as defined by the Board of Pharmacy, is distinct from dispensing; and clarifies that a physician supervising a physician assistant with drug dispensing authority without first registering as a dispensing physician is a violation of the rule.The proposed rule amendments classify levels of office-based surgeries and set forth the corresponding requirements; reorganize and add new definitions; establish a standard of practice for licensees performing office-based surgery; set forth requirements for where a licensee may perform office-based surgery; clarify the assessment and informed consent procedures prior to the performance of an office-based surgery; clarify the requirements for patient medical records; expand the emergency care and transfer protocol requirements; require reporting of specified office-based surgical adverse events; and contain general grammar and language housekeeping changes.
ACUPUNCTURISTS (LAc)
Acupuncture Advisory Committee
The proposed rule amendment corrects the term of office for members of the Acupuncture Advisory Committee, specifies that the Committee elects its own chairperson, and provides the statutory authority for Committee member compensation and expenses.
PODIATRISTS (DPM)
Podiatry
The proposed rule amendment corrects the term of office for members of the Acupuncture Advisory Committee, specifies that the Committee elects its own chairperson, and provides the statutory authority for Committee member compensation and expenses.The proposed rule amendments update the name of the licensing examination, clarify that applicants must pass the MPA and DEA exams and a criminal records check, streamline and clarify the qualifications and documentation requirements to reflect a simplified application process that has evolved with advancements in technology and availability of electronic documents, and clarify the requirement for a clinical competency assessment for applicants who have not had sufficient postgraduate training or specialty board certification or recertification within the past 10 years.
PERMANENT RULES: Adopted April 5, 2013 |
ALL LICENSEES
Fees
The rule amendment reorganizes the fee schedule for accuracy and clarity, deletes charges for certain information requests that are no longer offered due to electronic availability of the information, and corrects a typo in the fines for delinquent registrations for physicians and podiatrists.
Process of Registration
The rule amendment reorganizes the fee schedule for accuracy and clarity, deletes charges for certain information requests that are no longer offered due to electronic availability of the information, and corrects a typo in the fines for delinquent registrations for physicians and podiatrists.The rule amendment reflects the Board’s online registration renewal process and the Board’s ability to provide certificates of registration electronically rather than by mail. The proposed rule amendment also reorganizes the subsections, streamlines the language, and contains general grammar and housekeeping changes.
State and Nationwide Criminal Records Checks, Fitness Determinations
The rule amendment reorganizes the fee schedule for accuracy and clarity, deletes charges for certain information requests that are no longer offered due to electronic availability of the information, and corrects a typo in the fines for delinquent registrations for physicians and podiatrists.The rule amendment moves (renumbers) the rule on criminal records checks from Division 020 to Division 008 to accurately show that it applies to all Board applicants and licensees and clarifies that the submitted fingerprints must be legible.
Patient’s Access to Medical Records
The rule amendment reorganizes the fee schedule for accuracy and clarity, deletes charges for certain information requests that are no longer offered due to electronic availability of the information, and corrects a typo in the fines for delinquent registrations for physicians and podiatrists.The rule amendment clarifies that electronic information is also “health information” for the purpose of these rules and corrects statutory references due to amendments and renumbering of the implemented Oregon Revised Statutes.
PHYSICIANS (MD/DO)
Rules for Licensure to Practice Medicine in Oregon
The proposed rule amendment corrects the term of office for members of the Acupuncture Advisory Committee, specifies that the Committee elects its own chairperson, and provides the statutory authority for Committee member compensation and expenses.Overall, the rule amendments reorganize the rules in this division to be more concise and update the rules to reflect a simplified application process that has evolved with advancements in technology and availability of electronic documents. Specifically, the rules amendment streamlines the definitions; clarifies the requirements for a license after the first post-graduate year; removes the requirement for licensing staff to verify the accreditation of each medical school clerkship for international graduates; removes contradictory language about postgraduate training requirements for international graduates; removes the discussion of the Limited License Visiting Professor in favor of its primary location in OAR Chapter 847, Division 10; requires documents in a foreign language to be submitted with an official translation; removes references to a paper application form; revises the requirements for a photograph so that it may be submitted digitally; updates the name of the Practitioner Self-Query for the DataBanks; includes fingerprints within the rule on documents to be submitted for licensure; clarifies that the Board may ask for additional documents regarding information received during the processing of the application; clarifies that a Verification of Medical Education form must include dates of attendance; includes the ECFMG certificate among the documents that must be sent to the Board from the source; clarifies that license verifications are required from international licensing boards in addition to licensing boards within the United States; reorganizes the list of examinations that may be used to apply for licensure; adds an “extenuating circumstances” waiver for the requirement that the USMLE or NBOME must be passed within seven years; adds a “board certification” waiver for the requirement that the FLEX examination must be passed within four attempts; incorporates licensing examinations administered by other state boards among the examinations accepted by the Board for licensure based upon reciprocity and repeals the independent rule addressing this issue; and simplifies the discussion of the Limited License SPEX by referring to the rule describing this license status in OAR Chapter 847, Division 10.
EMERGENCY MEDICAL SERVICES PROVIDERS (EMS)
EMS Advisory Committee
The rule amendment adds a position for a public member on the EMS Advisory Committee.
Scope of Practice
The rule amendment requires all Emergency Medical Responders (formerly First Responders) to have standing orders from an approved supervising physician (agency medical director). Therefore, the category of Emergency Medical Responders without standing orders will be eliminated by this proposed rule amendment; there will be no scope of practice that an Emergency Medical Responder can perform without standing orders. The former scope of practice for these Emergency Medical Responders is now included within the scope of practice for Emergency Medical Responders with standing orders. The rule amendment also makes changes to the EMT scope of practice by adding “intramuscular injection” of epinephrine and removing the subsection related to the release of chemical warfare agents from the Umatilla Army Depot.