75 sections in this chapter.
ORS 687.250 Enforcement; penalty. (1) The State Board of Massage Therapists shall report to the proper district attorney all cases that in the judgment of the board warrant criminal prosecution under ORS 687.991
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(2) The board may, in its own name, assess a civil penalty against a person who violates a provision of ORS 687.011 to 687.250, 687.895 and 687.991. The board may assess the civil penalty instead of or in addition to disciplinary action under ORS 687.081, an injunction issued und…
ORS 687.405 “Direct entry midwifery” defined. As used in ORS 687.405 to 687.495, “direct entry midwifery” means providing the following services for compensation
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(1) Supervision of the conduct of labor and childbirth; (2) Providing advice to a parent as to the progress of childbirth; (3) Rendering prenatal, intrapartum and postpartum care; and (4) Making newborn assessments. [1993 c.362 §1; 2011 c.650 §4; 2013 c.657 §12]
ORS 687.410 When use of title authorized. A person may not use the title “licensed direct entry midwife,” any abbreviation thereof or the initials “L.D.M.” unless the person possesses an active license issued under ORS 687.405 to 687.495. [1993 c.362 §16; 2013 c.314 §25]
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[Repealed or reserved.]
ORS 687.415 Practice of direct entry midwifery without license prohibited; exceptions. (1) Except as provided in subsection (2) of this section, a person may not practice direct entry midwifery in this state unless the person holds a license to practice direct entry midwifery under ORS 687.405 to 687.495
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(2) A person may practice direct entry midwifery in this state without a license to practice direct entry midwifery if: (a) The person is a licensed health care practitioner and the services described in ORS 687.405 are within the scope of the person’s license; or (b)(A) The pers…
ORS 687.420 Standards for licensing; application; payment by medical assistance program for services provided by licensed midwife. (1) The State Board of Direct Entry Midwifery shall establish standards for qualifications for the licensure of direct entry midwives. Such standards shall
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(a) Be consistent with the requirements for becoming a certified professional midwife as established by the North American Registry of Midwives; (b) Require the applicant to hold a Certified Professional Midwife credential established by the North American Registry of Midwives; (…
ORS 687.425 Renewal of license; effect of failure to renew. (1) The Health Licensing Office shall renew a direct entry midwife license upon
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(a) The applicant’s satisfaction of the requirements for renewal under ORS 676.572; (b) Receipt of proof of current cardiopulmonary resuscitation certification for infants and adults; (c) Receipt of the applicable renewal fee established under ORS 676.576; and (d) The applicant’s…
ORS 687.430 Waiver of required written examination. A person licensed to practice direct entry midwifery under the laws of another state who demonstrates to the satisfaction of the Health Licensing Office that the person has passed a written examination at least equal to the written examination required of persons eligible for licensure under ORS 687.405 to 687.495 may have the written examination waived pursuant to standards of the State Board of Direct Entry Midwifery. [1993 c.362 §4; 2001 c.53 §2; 2005 c.648 §35; 2013 c.568 §55]
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[Repealed or reserved.]
ORS 687.435 [1997 c.690 §4; 1999 c.885 §25; 1999 c.990 §3; 2003 c.547 §22; 2005 c.648 §36; 2009 c.701 §22; repealed by 2013 c.314 §65]
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[Repealed or reserved.]
ORS 687.440 [1993 c.362 §19; 1999 c.885 §24; repealed by 2005 c.648 §121]
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[Repealed or reserved.]
ORS 687.445 Discipline. In the manner prescribed in ORS chapter 183 for contested cases and in consultation with the Health Licensing Office, the State Board of Direct Entry Midwifery may impose a form of discipline specified in ORS 676.612 and 676.992 (1) and (2) against any person practicing direct entry midwifery for any of the grounds listed in ORS 676.612 and for any violation of the provisions of ORS 687.405 to 687.495 or the rules adopted under ORS 687.405 to 687.495. [2003 c.547 §28; 2005 c.648 §37; 2013 c.568 §57; 2013 c.657 §11]
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[Repealed or reserved.]
ORS 687.450 [1993 c.362 §10; 2001 c.53 §6; repealed by 2003 c.547 §118]
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[Repealed or reserved.]
ORS 687.455 [1993 c.362 §5; 2001 c.53 §3; 2003 c.547 §24; repealed by 2005 c.648 §121]
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(Reporting Obligations)
ORS 687.460 Duty to report prohibited conduct. Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensed direct entry midwife who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150. [2009 c.536 §28]
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(State Board and Health Licensing Office)
ORS 687.470 State Board of Direct Entry Midwifery; establishment; appointment; confirmation; membership; compensation and expenses. (1) There is established within the Health Licensing Office the State Board of Direct Entry Midwifery. The board consists of seven members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board
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(a) Four must be licensed direct entry midwives. (b) One must be a certified nurse midwife. (c) One must be a physician licensed under ORS chapter 677 involved at the time of appointment in obstetrical care or education. (d) One must be a member of the public. (2)(a) Board member…
ORS 687.475 Officers; meetings; quorum; rules. The State Board of Direct Entry Midwifery shall elect a chairperson. The board shall adopt rules to govern the proceedings of the board. The board shall hold meetings at such times and places as it determines. A majority of the members of the board shall constitute a quorum. [1993 c.362 §6; 2009 c.535 §25]
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[Repealed or reserved.]
ORS 687.480 Rules; practice standards. (1) The State Board of Direct Entry Midwifery shall adopt rules for the administration of ORS 687.405 to 687.495
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(2) The board shall adopt practice standards that include: (a) Maintenance of records of care, including patient charts; (b) Participation in peer review; (c) Development of a written plan for emergency transport of patients; (d) Guidelines for equipment; and (e) Maintenance of p…
ORS 687.482 Peer review. (1) Peer review of a licensed direct entry midwife conducted under ORS 687.480 is subject to the provisions of ORS 41.675. Charts and records created during or for the purpose of the practice of direct entry midwifery are not data under ORS 41.675
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(2) Peer review that is conducted outside of the Health Licensing Office may not be used to replace office regulatory investigations of complaints against licensed direct entry midwives. [2011 c.650 §2; 2013 c.568 §59]
ORS 687.485 Authority of Health Licensing Office; rules. In addition to the powers otherwise granted by ORS 687.405 to 687.495, the Health Licensing Office, in consultation with the State Board of Direct Entry Midwifery, may
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(1) Determine whether applicants meet the qualifications under ORS 687.405 to 687.495 and grant licenses to qualified applicants upon compliance with the rules of the board; (2) Do any act necessary or proper to effect and carry out the duties required of the office by ORS 687.40…
ORS 687.490 Protection for person providing information to board or office. A person who in good faith provides information to the State Board of Direct Entry Midwifery or the Health Licensing Office for purposes related to an investigation conducted under ORS 676.560 to 676.625, if the investigation is related to the regulation of direct entry midwifery, or ORS 687.405 to 687.495 is not subject to an action for civil damages as a result of providing the information. [1993 c.362 §17; 2001 c.53 §7; 2003 c.547 §26; 2005 c.648 §40; 2013 c.568 §61; 2017 c.101 §7]
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(Miscellaneous)
ORS 687.493 Authority to purchase and administer certain legend drugs and devices. (1) A direct entry midwife licensed under ORS 687.405 to 687.495 may purchase and administer authorized scheduled legend drugs and devices that are used in pregnancy, birth, postpartum care, newborn care or resuscitation and that are deemed integral to providing safe care to the public by the State Board of Direct Entry Midwifery by rule
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(2) Legend drugs authorized under subsection (1) of this section are limited: (a) For neonatal use to prophylactic ophthalmic medications, vitamin K and oxygen; and (b) For maternal use to antibiotics for Group B Streptococcal antibiotic prophylaxis, postpartum antihemorrhagics, …
ORS 687.495 Collection of data on birth and fetal death outcomes. (1) The Center for Health Statistics established under ORS 432.010 shall collect and report data on birth and fetal death outcomes occurring in this state, including intrapartum and neonatal transfers to hospital care from another birthing facility, hospital or other location. The center shall report the data by attendant type. The report shall distinguish outcomes between licensed direct entry midwives and direct entry midwives who are not licensed under ORS 687.405 to 687.495
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(2) The Oregon Health Authority may accept gifts, grants and contributions from any public or private source for the purpose of carrying out the provisions of this section. [1993 c.362 §15; 2005 c.648 §41; 2011 c.650 §5]
ORS 687.890 [Formerly 687.125; 1999 c.537 §20; 1999 c.1084 §17; renumbered 687.250 in 2001]
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PENALTIES
ORS 687.895 Procedure for civil penalties. Any civil penalty under ORS 687.011 to 687.250, 687.895 and 687.991 shall be imposed as provided in ORS 183.745. [Formerly 687.087; 1997 c.626 §16]
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[Repealed or reserved.]
ORS 687.990 [Repealed by 1955 c.492 §15]
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[Repealed or reserved.]
ORS 687.991 Criminal penalties. (1)(a) Except as provided in paragraph (b) of this subsection, violation of ORS 687.021 or of any rule adopted under ORS 687.121 is a Class A misdemeanor
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(b) Violation of ORS 687.021 or of any rule adopted under ORS 687.121 is a Class C felony if, at the time of the offense, the person has a prior conviction for violating ORS 687.021 or any rule adopted under ORS 687.121. (2) Violation of ORS 687.410 is a Class A misdemeanor. [195…