Oregon Administrative Code

333-077-0045 Return of License and Closure of Birthing Center (1) If a birthing center's license is suspended or revoked, or if a birthing center decides to permanently close, the license certificate in the licensee's possession shall be returned to the Oregon Health Authority (A…

333-077-0050 Waivers (1) While all birthing centers are required to maintain continuous compliance with the Oregon Health Authority's (Authority’s) rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, p…

333-077-0055 Complaints (1) Any person may make a complaint verbally or in writing to the Oregon Health Authority (Authority) regarding an allegation against a birthing center of a violation of birthing center licensing laws or regulations. (2) The identity of a person making a c…

333-077-0060 Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Oregon Health Authority (Authority) staff will begin an investigation. (2) A birthing center shall permit Authority staff access to the birth…

333-077-0065 Surveys (1) The Oregon Health Authority (Authority) shall, in addition to any investigations conducted under OAR 333-077-0060, conduct at least one in-person licensing survey of each birthing center every three years to determine compliance with birthing center licen…

333-077-0070 Governing Body Responsibility (1) Each birthing center must have a governing body or person clearly identified as being legally responsible for the control and operation of the birthing center, the selection of the clinical staff, and the quality of care and services…

333-077-0080 Personnel (1) A birthing center shall, at a minimum: (a) Maintain a sufficient number of clinical staff on duty and on call to provide effective client care and all other related services, and to ensure that no client in active labor shall be left unattended; (b) Hav…

333-077-0090 Policies and Procedures (1) A birthing center shall develop and implement written policies and procedures that include, but are not limited to, the following: (a) Types of services and procedures that may be performed in the birthing center; (b) Training requirements…

333-077-0100 Client Care Services (1) Clients registering for care at a birthing center shall receive an orientation and written information regarding the services provided at the birthing center including a statement of client rights in accordance with section (3) of this rule. …

333-077-0110 Admission and Discharge (1) A birthing center shall only admit a client for whom medical history, physical examination, laboratory screening, and risk assessments do not exclude them from receiving care and services including delivery in a birthing center in accordan…

333-077-0120 Client or Newborn Transfer (1) A birthing center shall have a policy for essential life saving measures, stabilization, and immediate transfer to hospital-based care, of a client or newborn requiring medical care that exceeds the capabilities of the birthing center. …

333-077-0125 Risk Status Assessment and Consultation Requirements (1) As used in this rule, "provider of perinatal care" means a physician or certified nurse midwife as those terms are defined under OAR 333-077-0010, a physician associate licensed under ORS chapter 677, a nurse p…

333-077-0130 Medical Records (1) A medical record shall be maintained for each client and newborn admitted for care. (2) Medical records must be completely and accurately documented, readily available, and systematically organized to facilitate the compilation and retrieval of in…

333-077-0140 Surgical Services Surgical services may be performed but are limited to procedures pertaining directly to pregnancy, labor, and delivery care, and that are normally accomplished during uncomplicated childbirth such as episiotomy and repair. Procedures performed must …

333-077-0145 Laboratory Services (1) A birthing center shall provide or shall make available laboratory services using a licensed clinical laboratory in the facility or through a written contract. (a) A list of available tests and procedures shall be maintained by the birthing ce…

333-077-0150 Pharmacy and Anesthetic Services (1) In a birthing center, all medications must be prescribed, dispensed, or administered to a client within an individual clinical provider's license or scope of practice. (2) The clinical provider shall be responsible for: (a) Ensuri…

333-077-0160 Dietary Services (1) As used in this rule, "potentially hazardous food" means any food or beverage that contains milk or dairy products, eggs, meat, fish, shellfish, poultry, cooked rice or beans, raw seed sprouts, cut melons, cut leafy greens, heat-treated vegetable…

333-077-0170 Newborn Care and Screening (1) A birthing center shall ensure that all newborns are given Vitamin K at birth in accordance with OAR 333-021-0800, the purpose of which is to protect newborns against Vitamin K deficiency bleeding. (2) A birthing center shall ensure tha…

333-077-0180 Equipment and Supplies (1) A birthing center shall have and maintain appropriate equipment and all ancillary supplies necessary to provide care for a client and newborn and to initiate emergency procedures in life threatening events to client and newborn including, b…

333-077-0190 Infection Control (1) A birthing center shall establish and maintain an active facility-wide infection control program for the control and prevention of infection. The program shall be managed by a qualified individual and overseen by a multi-disciplinary committee w…

333-077-0200 Quality Assessment and Performance Improvement (1) The governing body of a birthing center must ensure that there is an effective, facility-wide quality assessment and performance improvement program that demonstrates measurable improvement in client health outcomes …

333-077-0210 Facility Safety and Emergency Preparedness (1) The environment in which client care described in OAR 333-077-0100 is furnished must afford a functional, clean, sanitary, safe, and comfortable setting for clients, staff, and the public. (a) The building and equipment …

333-077-0220 Physical Environment (1) As used in this rule: (a) "Area" means a particular space or surface serving a defined function. An 'area' exists as a small portion of an overall 'room' or space. (b) "Authorities having jurisdiction" means an organization, office, or indivi…

333-077-0230 Violations In addition to non-compliance with any law that governs a birthing center, it is a violation to: (1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Oregon Health Authority (Authority) staff access to the…

333-077-0240 Informal Enforcement (1) If, during an investigation or survey Oregon Health Authority (Authority) staff document violations of birthing center licensing laws, the Authority may issue a statement of deficiencies that cites the law alleged to have been violated and th…

333-077-0250 Formal Enforcement (1) If during an investigation or survey the Oregon Health Authority (Authority) finds substantial failure to comply with birthing center licensing laws, the Authority may issue a Notice of Proposed Nonrenewal, Revocation or Suspension in accordanc…

333-077-0260 Civil Penalties (1) A licensee that violates a birthing center licensing law, including OAR 333-077-0230 is subject to the imposition of a civil penalty not to exceed $500 per day per violation. (2) In determining the amount of a civil penalty, the Oregon Health Auth…

333-080-0040 Definitions (1) As used in this section of Oregon Administrative Rules: (a) “Entity” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture or an instrumentality of an entity. (b) “Eye bank” means an entit…

333-080-0050 Registration and Civil Penalties (1) An organ procurement organization, tissue bank or eye bank may not do business in Oregon unless it has registered with the Oregon Health Authority. Registration with the Authority must be completed within 30 days after the impleme…

333-081-0000 Purpose The purpose of these rules is to establish standards for licensure of Nontransplant Anatomical Research Recovery Organizations. Statutory/Other Authority: ORS 438.705-438.720 & 438.994 Statutes/Other Implemented: ORS 438.705-438.720 & 438.994 History: PH 6-20…

333-081-0005 Definitions As used in OAR 333-081-0000 through 333-081-0090 the following definitions apply: (1) “Accrediting body” means an entity that is approved by the Public Health Division and meets the requirements of ORS 438.720(2). (2) “Anatomical material” has the meaning…

333-081-0010 Application for Licensure (1) Persons meeting the definition of a NARRO as set out in ORS 438.705(3) and OAR 333-081-0005(5) may not act as a NARRO or hold themselves out as a NARRO unless licensed as such by the Division. (2) An applicant wishing to apply for a lice…

333-081-0015 Review of License Application (1) Following receipt of a completed application and the required fee, the Division must conduct a survey in accordance with OAR 333-081-0050 to determine whether the NARRO is in compliance with ORS 438.710 & 438.715 and these rules. (2)…

333-081-0020 Approval of License Application (1) The Division must notify an applicant in writing if a license application is approved and must include a copy of the license. (2) The Division will issue a license only for the premises and person(s) named in the application and it…

333-081-0025 Denial of License Application If the Division intends to deny a license application, it shall issue a Notice of Proposed Denial of License Application in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 438.710 & 438.720 Statutes/Other Impl…

333-081-0030 Expiration and Renewal of License (1) An initial or renewed license expires two years after the date of issuance or renewal. (2) If the ownership of a NARRO changes, a new license is required. (3) If renewal or a new license is sought because of a change of ownership…

333-081-0035 Fees (1) The fee for an initial or renewed NARRO license is $1,750. (2) All application fees are non-refundable. Statutory/Other Authority: ORS 438.710 Statutes/Other Implemented: ORS 438.710 History: PH 6-2014, f. 1-30-14, cert. ef. 2-1-14

333-081-0040 Denial, Suspension or Revocation of License (1) A license for a NARRO may be denied, suspended or revoked by the Division if a licensed NARRO has failed to comply with Oregon Laws 2013, chapter 356, sections 2 and 3, OAR 333-081-0080 or for violations of laws, regula…

333-081-0045 Return of License Each license certificate in the licensee's possession shall be returned to the Division immediately upon the suspension or revocation of the license, failure to renew the license by the date of expiration, loss of accreditation or if operation is di…

333-081-0050 Surveys (1) The Division must, in addition to any investigations conducted pursuant to OAR 333-081-0065, conduct at least one survey of each NARRO prior to licensure and once every two years thereafter as a requirement of licensing and at such other times as the Divi…

333-081-0055 Approval of Accrediting Bodies (1) If the Division finds that an accrediting body has the necessary qualifications to certify that state licensing standards have been met, the Division will accept accreditation from the accrediting body in accordance with the require…

333-081-0060 Complaints (1) Any person may make a complaint to the Division regarding an allegation as to violations of Oregon Laws 2013, chapter 356, sections 2 and 3 or these rules. (2) Upon conclusion of an investigation, the Division shall, upon request, publicly release a re…

333-081-0065 Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Division staff must begin an investigation. (2) An investigation may include but is not limited to: (a) Interviews of the complainant, person…

333-081-0070 Records (1) A NARRO must keep and maintain a legible, reproducible record of each donor from whom it obtains anatomical material. This record must include at least the following: (a) Documentation showing that the donor donated the anatomical material for the purpose…

333-081-0075 Notice (1) As required by ORS 438.715(4), when a NARRO accepts an offer from an individual to donate anatomical material it must provide that individual notice that clearly explains: (a) How the NARRO intends to dispose of the anatomical material if donated, and whet…

333-081-0080 NARRO Duties In addition to the requirements set out in these rules, a NARRO shall dispose of any anatomical material not returned to a relative or personal representative of the donor in accordance with all laws pertaining to the disposition of human remains. This r…

333-081-0085 Informal Enforcement (1) If during an investigation or survey Division staff document violations of NARRO licensing rules or laws, the Division may issue a statement of deficiencies that cites the law or rule alleged to have been violated and the facts supporting the…

333-081-0090 Formal Enforcement (1) If during an investigation or survey Division staff document ongoing or substantial failure to comply with NARRO laws or rules, or if a NARRO fails to pay a civil penalty imposed under ORS 438.994(1) and these rules, the Division may issue a No…

333-090-0100 Definitions The following definitions apply in these rules, as well as the definitions provided in ORS 431A.400: (1) "Acquire” means to come into possession of or obtain ownership of, whether directly or indirectly, through a sale, trade, exchange, or other transacti…

333-090-0110 Purpose, Allocation, and Eligibility (1) Grant program recipients may only use awarded funds to repair or rehabilitate existing residences. (2) Grant program recipients may not use awarded funds to acquire real estate. (3) The Oregon Health Authority (Authority) may …