HLO Rules Flashcards
Affidavit of licensure
an original document or other approved means of verifying an authorization to practice (licensure or registration), status and history, including information disclosing all unresolved or outstanding penalties and disciplinary actions.
Office
Health Licensing Office
Practitioner
an individual who has been issued an authorization by the Office.
Program
refers to the boards, councils and programs listed in ORS 676.565 and ORS 681.700 to 676.730 and administered by the Office.
Fees
(1) Payments made to the Office must be made for the exact amount of the transaction.
(2) When the Office receives payment and required documentation that is incomplete or incorrect, it may be returned to the sender for correction before being processed by the Office and late fees may accrue.
(3) Fees will be applied as directed by the applicant, authorization holder or payer. Misapplied fees may be corrected by written request specifying the certificate, license, permit or registration number(s) affected and the action requested, subject to conditions in OAR 331-010-0020(2).
(4) Payments received by the Office without indication of purpose or intent will be applied toward any outstanding civil penalty balance or administrative processing fees.
(5) Fee schedules are published in the administrative rules for each program administered by the Office.
(6) Whenever a bank check, credit or debit transaction in payment of an obligation due for fees, penalties, copies of records or materials, or other services to the Office, is dishonored by the bank upon which the check is drawn, the applicant or authorization holder must pay a $25 administrative-processing fee. The Office may take any other disciplinary action against an authorization holder or payer, and may seek other legal remedies to collect the returned items. If a check is returned for NSF or uncollected funds, the Office will attempt to collect payment electronically.
Refund of Payments
(1) The Office will not refund any payment, fees, penalties or other charges unless the Office is in error. Incorrect information supplied by the authorization holder or payer and used by the Office is not an error.
(2) The Office will comply with ORS 291 and 293 and the Oregon Accounting Manual regarding administration of public funds pertaining to assessment of fees, charges and refunding monies.
(3) Application fees will not be refunded. The Office will retain the application fee if an applicant withdraws the application for a certificate, license, permit or registration before the issuance of the authorization, or fails to complete the application process.
(4) The Office may refund fees paid for a scheduled examination on a case-by-case basis when the applicant fails to appear. The Office may request documentation from the individual to validate the circumstance cited and may refund the fees or reschedule an examination.
Fees for Public Records
(1) When determining fees associated with the processing of requests for public records, the Office will follow the statewide standardized fee-structure policy number 107-001-030 maintained by the Department of Administrative Services and adopted on Feb. 15, 2017.
(2) Notwithstanding section (1), the Office adopts the following for determining fees generated by providing paper or electronic copies to requestors:
(a) The 2017-2019 Oregon state printing and distribution price list.
(b) The Dec. 19, 2014, Oregon statewide price agreement with OfficeMax.
(c) Actual cost for delivery of records such as postage and courier fees.
(3) All requests for copies of public records pertaining to the Office, or any program it administers, shall be submitted in writing, electronic mail, or by completion of an electronic form provided by the agency. Requests are subject to disclosure according to the Public Records Law, ORS 192.410 to 192.505, and rules adopted thereunder.
(4) All estimated fees and charges must be paid before public records will be made available for inspection or copies provided.
(5) Charges to the general public shall be payable in cash, cashier’s check, money order, or credit card. Payment by personal check for copies of official documents is not accepted.
(6) “Page” refers to the number of copies produced. Staff will not reduce the copy size or otherwise manipulate records in order to fit additional records on a page, unless staff concludes that it would be the most effective use of their time. Consistent with ORS 192.240, all copies will be double-sided. A double-sided copy will be charged as two single pages.
(7) Charges for regular Office publications and media requests, such as computer disks, video cassettes, audio tapes or other types of public record formats, shall be available upon request and a price list shall be published on the Office website annually.
(8) When mailing voluminous records or responding to special requests, the Office shall charge for staff time required to prepare the records for mailing, in addition to actual postage.
(9) The Office shall charge for staff time required to fill public record requests that require electronic reproduction. Charges include time spent locating, downloading, formatting, copying and transferring records to media. Charges for reproduction media are available upon request.
(10) Due to the threat of computer viruses, the Office will not permit individuals to provide diskettes or other technology for electronic reproduction of computer records.
(11) Persons may obtain a printed copy of rules or related documents upon written request and payment of fees as specified in OAR 331-010-0030.
Notification requirements
Authorization holders must notify the Office of information changes within 30 calendar days of the change. Notice must be submitted in writing, at the Office, by regular U.S. Postal Service, facsimile transmission, or electronic mail. Changes include:
(1) The authorization holder’s first and last name. The change must be accompanied by:
(a) A government-issued marriage certificate or license (signed by a government official and including a filed date, stamp, seal or other notation showing that the document has been filed with a government agency);
(b) A certificate of registered domestic partnership issued by a city, county or state vital statistics agency;
(c) A U.S. city, county or state court-issued divorce decree, judgment of dissolution or annulment of marriage, or judgment of dissolution or annulment of domestic partnership;
(d) A government-issued death certificate of spouse, that includes a connection to your current full legal name (signed by a government official and including a stamp to show that the document has been filed);
(e) A U.S. city, county or state court-issued adoption decree;
(f) A U.S. city, county or state court-issued legal name change decree;
(g) A U.S. city, county or state court-issued custody decree or guardianship decree; or USCIS Certificate of Naturalization showing new name; and
(h) You must also provide one acceptable form of photographic identification in addition to the required legal name change documentation pursuant to OAR 331-030-0000(8) and (10).
(2) The authorization holder’s residential or mailing address, telephone number, including area code, employment status; or work location.
(3) A facility license holder’s facility name or Assumed Business Name as filed with Secretary of State, Corporations Division, business telephone number, including area code, address changes resulting only from city or U.S. Postal Service action, mailing address; or closure or sale of business facility or practice.
(4) An independent contractor authorization holder’s facility name, physical address, telephone number including area code, and license number; changing permanent work location or performing services at multiple licensed facilities on a permanent or temporary basis.
Authorization holders; military leave
(1) An individual authorized to practice under a program administered by the Office is not required to renew the authorization or pay renewal fees while in active military service unless required by the authorization holder’s branch of the military.
(2) To be restored to former authorization status, the holder must notify the Office in writing within 60 days of being honorably discharged.
(3) No fees will be due until the following renewal period.
(4) Requirements for completing continuing education hours during an authorization holder’s active-duty period shall be evaluated on a case-by-case basis.
Military Spouse or Domestic Partner Temporary Authorization to Practice
(1) Pathway 1 – Military Spouse or Domestic Partner
(a) Pursuant to ORS 676.308, “military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon.
(b) A military spouse or domestic partner holding a temporary authorization to practice in a profession under the Office’s authority may perform services within the profession.
(c) A temporary authorization may be immediately issued to a military spouse or domestic partner; it is valid for three months and may not be renewed.
(2) Pathway 2 – Military Spouse
(1) Pursuant to 2019 Senate Bill 688, “military spouse” is the spouse of a member of the Armed Forces of the United States who is stationed in Oregon.
(2) A military spouse holding a temporary authorization to practice in a profession under the Office’s authority may perform services within the profession.
(3) A temporary authorization will be issued to a military spouse and is valid until the earliest of the following:
(a) Two years after the date of issuance;
(b) The term of service of the military service members ends in Oregon; or
(c) The date the military spouse’s authorization issued by another state expires.
(4) The temporary authorization is not renewable.
Requirements for Temporary Authorization to Practice for a Military Spouse or Domestic Partner
(1) Pathway 1 – a military spouse or domestic partner applying for a temporary authorization to practice must:
(a) Meet the requirements of OAR 331 Division 30;
(b) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000, and be accompanied by payment of all required fees; and
(c) Attest that the applicant has requested evidence of authorization from the state or territory in which the applicant is authorized to practice in a profession comparable to a profession under the Office’s authority, and that the applicant is not subject to any disciplinary action in that state or territory for a matter related to services comparable to a service regulated by the Office or the program under which authorization is sought.
(2) Pathway 2 – a military spouse applying for a temporary authorization to practice must:
(a) Meet the requirements of OAR 331 Division 30;
(b) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000, and be accompanied by payment of all required fees; and
(c) Submit an affidavit of licensure from any state where the individual holds or has held a license in which the applicant is authorized to practice in a profession comparable to a profession under the Office’s authority, and that the applicant is not subject to any disciplinary action in that state or territory for a matter related to services comparable to a service regulated by the Office or the program under which authorization is sought.
(d) Submit evidence of having provided services or taught the subject matter regulated by the board or program for at least one year during the three years immediately preceding the date on which the Office receives the application.
Requirements for Temporary Authorization to Practice for a Military Spouse or Domestic Partner to Become Permanent
(1) A military spouse or domestic partner who has a temporary authorization to practice and who wants the authorization to become permanent must:
(a) Meet the requirements of OAR 331 division 30;
(b) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000, and be accompanied by payment of all required fees; and
(c) Submit (A)-(E) before the three-month temporary authorization expires. If the Office accepts and approves the information, the Office will issue a permanent authorization to practice according to the rules pertaining to the profession.
(A) A copy of a marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and
(B) A copy of the assignment to an Oregon duty station by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration; and
(C) Evidence that the applicant meets qualifications for authorization as provided in the statutes and rules of the program for which authorization is sought, including examinations; and
(D) Evidence of having provided services or taught the subject matter regulated by the board for at least one year during the three years immediately preceding the date on which the Office receives the application; and
(E) Evidence that the applicant is authorized by another state or territory to practice in a profession comparable to a profession under the Office’s authority and that the applicant is not subject to disciplinary action in that state or territory for a matter related to services comparable to services regulated by the Office or the program under which authorization is sought.
(2) Notwithstanding any other rules administered by the Office, an applicant for a temporary authorization under this rule must submit all applicable fees for a permanent authorization listed within the program rules administered by the Office.
(3) Pathway 2 - a military spouse who has a temporary authorization to practice and who wants the authorization to be permanent must:
(a) Meet the requirements of OAR 331 Division 30;
(b) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000, and be accompanied by payment of all required fees; and
(c) Submit (A)-(D) before the temporary authorization expires. If the Office accepts and approves the information, the Office will issue a permanent authorization to practice according to the rules pertaining to the profession.
(A) A copy of a marriage certificate with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and
(B) A copy of the assignment to an Oregon duty station by official active duty military order for the spouse named in the marriage certificate; and
(C) Evidence that the applicant meets qualifications for authorization as provided in the statutes and rules of the program for which authorization is sought, including examinations; and
(D) Evidence that the applicant is authorized by another state or territory to practice in a profession comparable to a profession under the Office’s authority and that the applicant is not subject to disciplinary action in that state or territory for a matter related to services comparable to services regulated by the Office or the program under which authorization is sought.
(d) Notwithstanding any other rules administered by the Office, an applicant for a temporary authorization under this rule must submit all applicable fees for a permanent authorization listed within the program rules administered by the Office.
Using military training or experience
An individual seeking to use military training or experience as a qualification for an authorization to practice a profession or occupation in a program administered under ORS 676.565 and ORS 681.700 to 681.730 must submit a Joint Services Transcript demonstrating completion of military training or experience that is substantially equivalent to requirements set forth in statute or rule by the Office or its programs.
