Oregon Administrative Code

339-001-0018 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

339-005-0000 Fees Fees are non refundable. Two year licenses shall be issued to all licensees in even-numbered years at the fee schedule listed below. On a case-by-case basis the Board may approve the issuance of a one-year license. (1) The fee for an initial Oregon or out of sta…

339-010-0005 Definitions (1) "Supervision," is a process in which two or more people participate in a joint effort to promote, establish, maintain and/or evaluate a level of performance. The occupational therapist is responsible for the practice outcomes and documentation to acco…

339-010-0006 Standards of Practice for Telehealth (1) "Telehealth" is defined as the use of interactive audio and video, in real time telecommunication technology or store-and-forward technology, to deliver health care services when the occupational therapy practitioner and patie…

339-010-0007 Occupational Therapy in Mental Health and Behavioral Health Practice Pursuant to ORS 675.210 defining the practice of Occupational Therapy, occupational therapists and occupational therapy assistants, use analysis and purposeful activity with individuals across their…

339-010-0010 Recognition of Education Programs (1) Pursuant to ORS 675.240(1), the Board recognizes educational programs for occupational therapists currently accredited by the Accreditation Council for Occupational Therapy Education (ACOTE), and listed on Exhibit 1, attached to …

339-010-0012 Background Checks and Fingerprinting Requirements The Board may require Oregon or National criminal history checks, including fingerprints or other background checks such as the Law Enforcement Data System (LEDS), from any applicants for a license as an occupational …

339-010-0013 Law Ethics Exam Requirement Applicants for licensure for an Oregon Occupational Therapy license shall be required to take and successfully pass an Oregon Law/ethics examination with a passing score set by the board. Statutory/Other Authority: ORS 675.320 & 675.230 Hi…

339-010-0015 License Examinations Approved by the Board (1) Pursuant to ORS 675.240(1)(b) and (2), the Board adopts the current certification examination and passing score of the National Board For Certification in Occupational Therapy as the examination to determine the fitness …

339-010-0016 CE Requirements for Applicants for Licensure (1) All applicants for licensure will either be current on their NBCOT certification (National Board of Certification in Occupational Therapy) or will need 30 points of Board approved continuing education two years prior t…

339-010-0018 Name, Address and Telephone Number of Record (1) Every applicant, licensee and limited permit holder shall keep on file with the Board their: (a) Legal name; (b) Home address which must include a residential address and may also include a post office box number; (c) …

339-010-0020 Unprofessional Conduct (1) Unprofessional conduct relating to patient/client safety, integrity and welfare includes: (a) Intentionally harassing, abusing, or intimidating a patient/client, either physically or verbally; (b) Intentionally divulging, without patient/cl…

339-010-0021 Imposition of Civil Penalties (1) Imposition of a civil penalty does not preclude disciplinary sanction against the occupational therapist’s/occupational therapy assistant’s license. Disciplinary sanction against the occupational therapist’s/occupational assistant/s …

339-010-0022 Aggravation and Mitigation After misconduct has been established, aggravating and mitigating circumstances may be considered in deciding what sanction to impose. The following factors will be considered in determining the dollar amount to include, but not limited to:…

339-010-0023 License Renewals Each applicant for license renewal shall submit to the Board on or before May 31 of each even numbered year, a completed license renewal application and appropriate renewal fee. The renewal fees are non-refundable. Statutory/Other Authority: ORS 675.…

339-010-0030 Supervised Field Work For purposes of ORS 675.240(1) and 675.250(4), applicants who have successfully completed training and experience in the practice of occupational therapy as part of a planned program of study in an occupational therapist or occupational therapy …

339-010-0035 Supervision of an Occupational Therapy Assistant (1) Any person who is licensed as an occupational therapy assistant may assist in the practice of occupational therapy only under the supervision of a licensed occupational therapist. (2) Before an occupational therapy…

339-010-0040 Limited Permit (1) A “limited permit” is a temporary license to practice as an occupational therapist or occupational therapy assistant for a specified period of time and may be issued to applicants who meet the requirements of this rule. (2) Students who have succes…

339-010-0045 Application for Temporary License by Military Spouse or Domestic Partner (1) “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 stationed in Oregon. (2) A qualifying military sp…

339-010-0047 Servicemember, Spouse or Domestic Partner SCRA Practice Permit (1) If a servicemember or the spouse or domestic partner of a servicemember has a covered license as defined in section (3) of this rule and relocates residence because such servicemember receives militar…

339-010-0050 Occupational Therapy Services for Children and Youth in Education and Early Childhood Programs regulated by federal laws (1) Definitions: This rule applies to all occupational therapy practitioners who include both occupational therapists and occupational therapy ass…

339-010-0055 Occupational Therapy Aides Tasks (1) An “aide” is a person who provides support services to an occupational therapist and occupational therapy assistant, but is not licensed by the Occupational Therapy Licensing Board. Any aide who is working with or supporting patie…

339-010-0057 Health Care Interpreter Registry (1) Except as provided in subsection (a) of this section, a licensee who is reimbursed with public funds shall work with a health care interpreter from the health care interpreter registry administered by the Oregon Health Authority u…

339-010-0058 Criminal Conviction Determination Process (1) Prior to beginning required education or training, a person who was convicted of a crime may petition the Board for a determination as to whether a criminal conviction will prevent the person from receiving a license issu…

339-020-0000 Continuing Education Defined Continuing education (CE) is participation in courses, classes, workshops and other means for the purpose of developing and updating professional skills to provide appropriate occupational therapy services. Statutory/Other Authority: ORS …

339-020-0010 CE Requirements for Current Licensees (1) All current licensees shall obtain a minimum of 30 points of CE from Board approved categories during the two years immediately preceding the date of the license renewal; (2) Maintenance of current NBCOT Certification (Nation…

339-020-0015 CE on Pain Management (1) Beginning in 2022, all applicants for license renewal must complete the Oregon Pain Management Commission’s pain management course during each license cycle. (2) Beginning in 2024, as part of the renewal process, all applicants for renewal m…

339-020-0020 CE Categories and Points These numbers refer to a two year total of 30 points. Credit for CE shall be calculated on a point basis in the following categories and must relate to occupational therapy services. It is the responsibility of the licensee to demonstrate how…

339-020-0025 CE in Cultural Competency (1) Effective July 1, 2020, all currently licensed occupational therapists and occupational therapy assistants must complete at least one hour on Cultural Competency during each license renewal cycle. (2) Beginning in 2022, demonstration of …

339-020-0080 CE Certification (1) Persons seeking to renew their license or to restore a lapsed license shall submit with their application a statement certifying that they have completed CE requirements set forth in these rules that are applicable to them. If persons seeking ren…

339-020-0090 Waiver The Board may, in individual cases involving physical disability or illness, or undue hardship, grant waivers of the minimum continuing education requirements or extensions of time within which to fulfill the same or make the required reports. Applications for…

339-020-0100 Mentorship between licensees for CE Credit For purposes of mentorship between licensed occupational therapy practitioners, in order to obtain CE credit: (1) Enter into a written mentorship agreement signed by both parties that includes a detailed description of the p…

340-011-0003 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

340-011-0004 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications (1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or emplo…

340-011-0005 Rules of Practice and Procedure: Definitions Unless otherwise defined in this division, the words and phrases used in this division have the same meaning given them in ORS 183.310, the rules of the Office of Administrative Hearings, the Model Rules or other divisions…

340-011-0009 Rules of Practice and Procedure: Incorporation of Attorney General’s Uniform and Model Rules The following Attorney General’s Uniform and Model Rules of Procedure are adopted and incorporated into this Division, except as otherwise provided in this Chapter: OAR chapt…

340-011-0010 Rulemaking: Notice of Rulemaking (1) Notice of intent to adopt, amend, or repeal any rule(s) shall be in compliance with applicable state and federal laws and rules, including ORS Chapter 183, 468A.327 and sections (2) and (3) of this rule. (2) To the extent required…

340-011-0024 Rulemaking: Rulemaking Process The rulemaking process shall be governed by the Attorney General's Model Rules, OAR 137-001-0005 through 137-001-0060. As used in those rules, the terms, "agency," "governing body," and "decision maker" generally should be interpreted t…

340-011-0029 Rulemaking: Policy on Disclosure of the Relationship Between Proposed Rules and Federal Requirements (1) In order to clearly identify the relationship between the proposed adoption, amendment or repeal of rules and applicable federal requirements, and to facilitate c…

340-011-0046 Rulemaking: Petition to Promulgate, Amend, or Repeal Rule: Contents of Petition, Filing of Petition The filing of petitions for rulemaking and action thereon by the Commission shall be in accordance with the Attorney General's Uniform Rule of Procedure set forth in O…

340-011-0052 Rulemaking: Temporary Rules The Commission may adopt temporary rules and file the same, along with supportive findings, pursuant to ORS 183.335(5) and 183.355(2) and the Attorney General’s Model rule OAR 137-001-0080. Statutory/Other Authority: ORS 183.335 & 468.020 …

340-011-0053 Rulemaking: Periodic Rule Review Periodic review of agency rules shall be accomplished once every five years in accordance with ORS 183.405 and the Attorney General's Model Rule OAR 137-001-0100. Statutory/Other Authority: ORS 183.335 & 468.020 Statutes/Other Impleme…

340-011-0061 Rulemaking: Declaratory Ruling: Institution of Proceedings, Consideration of Petition and Disposition of Petition The declaratory ruling process shall be governed by the Attorney General's Uniform Rules of Procedure, OAR 137-002-0010 through 137-002-0060. As used in …

340-011-0310 Public Records Access and Reproduction: Purpose Increased public involvement and awareness of environmental issues has placed greater demands on viewing and copying DEQ records. OAR 340-011-0310 et seq. allows DEQ to recover its costs for providing these services, as…

340-011-0320 Public Records Access and Reproduction: Scope With some exceptions prescribed by law, every person has the right to inspect public records of a state agency in this state. State agencies are allowed to take reasonable measures to ensure the integrity of records and t…

340-011-0330 Public Records Access and Reproduction: Requests for Review or to Obtain Copies of Public Records (1) The right to review records includes the right to review the original record where practicable. It does not provide the right to the requestor to locate the record h…

340-011-0340 Public Records Access and Reproduction: Costs for Record Review and Copying (1) Outside Copying/Loaning Records — In order to protect the integrity of DEQ records, no records may be loaned or taken off-premises by non- DEQ staff unless DEQ has a contract with the per…

340-011-0360 Public Records Access and Reproduction: Collecting Fees (1) Method: Payment may be made in the form of cash, check, or money order. Make checks payable to "Department of Environmental Quality." (2) Billing: Requestors wishing to be billed may make such arrangements a…

340-011-0370 Public Records Access and Reproduction: Certification of Copies of Records Certification of both hard and electronic copies of records will be provided. DEQ will only certify that on the date copied, the copy was a true and correct copy of the original record. DEQ ca…

340-011-0380 Public Records Access and Reproduction: Fee Waivers and Reductions (1) Ordinarily there will be no charge for one copy of a public record: (a) When the material requested is currently being distributed as part of the public participation process such as a news releas…