Bill Text: OR SB364 | 2013 | Regular Session | Introduced
Bill Title: Relating to applied behavior analysis; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB364 Detail]
Download: Oregon-2013-SB364-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1600
Senate Bill 364
Sponsored by Senator BATES (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes Applied Behavior Analysts Board in Oregon Health
Licensing Agency. Requires coverage of applied behavior analysis
by health benefit plans, Public Employees' Benefit Board, Oregon
Educators Benefit Board and medical assistance program. Requires
individual seeking reimbursement for applied behavior analysis
from health benefit plan, Public Employees' Benefit Board or
Oregon Educators Benefit Board to be licensed by agency.
Grandfathers applied behavior analysis practitioners until
January 1, 2016.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to applied behavior analysis; creating new provisions;
amending ORS 414.025, 676.150, 676.160, 676.410, 676.606,
676.610, 676.612, 676.613, 676.622, 676.625, 676.992 and
743A.190; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is established in the Oregon Health
Licensing Agency the Applied Behavior Analysts Board consisting
of five members appointed by the Governor.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on October 1 next following. A member
is eligible for reappointment. If there is a vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(3) The appointment of the members of the board is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(4) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
(5) The members of the board must be residents of this state
who are well informed on the principles of applied behavior
analysis.
(6) The board shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties
and powers necessary for the performance of the functions of such
offices as the board determines.
(7) A majority of the members of the board constitutes a quorum
for the transaction of business.
(8) Official action by the board requires the approval of a
majority of the members of the board.
(9) The board shall meet at a place, day and hour determined by
the chairperson. The board may also meet at other times and
places specified by the call of a majority of the members of the
board.
(10) In accordance with applicable provisions of ORS chapter
183, the board may adopt rules necessary for the administration
of the laws that the board is charged with administering. + }
SECTION 2. { + Notwithstanding the term of office specified by
section 1 of this 2013 Act, of the members first appointed to the
Applied Behavior Analysts Board:
(1) One shall serve for a term ending October 1, 2014.
(2) One shall serve for a term ending October 1, 2015.
(3) One shall serve for a term ending October 1, 2016.
(4) Two shall serve for terms ending October 1, 2017. + }
SECTION 3. { + (1) The Applied Behavior Analysts Board shall
establish by rule criteria for the licensing of:
(a) Behavior analysts;
(b) Assistant behavior analysts; and
(c) Autism technicians.
(2) The criteria for the licensing of a behavior analyst must
include, but are not limited to, the requirement that the
applicant has:
(a) Been certified by the Behavior Analyst Certification Board
as a 'Board Certified Behavior Analyst'; and
(b) Successfully completed a criminal records check.
(3) The criteria for the licensing of an assistant behavior
analyst must include, but are not limited to, the requirement
that the applicant has:
(a) Been certified by the Behavior Analyst Certification Board
as a 'Board Certified Assistant Behavior Analyst'; and
(b) Successfully completed a criminal records check.
(4) The criteria for the licensing of an autism technician must
include, but are not limited to, the requirement that the
applicant:
(a) Has completed:
(A) A minimum of 12 semester hours, or the equivalent of 12
semester hours, of college coursework and is currently enrolled
in a course of study leading to an associate's or bachelor's
degree in behavior analysis, psychology, education, social work,
behavioral science, human development or a related field; or
(B) A minimum of 48 semester hours, or the equivalent of 48
semester hours, of college coursework in any field;
(b) Has completed 40 hours of training with a licensed behavior
analyst or a licensed assistant behavior analyst, or 40 hours of
training with another licensed health care professional during
which the services performed are within the licensed health care
professional's scope of practice and are commensurate with the
licensed health care professional's post-secondary education,
training and supervised experience, and the training covers the
following topics:
(A) Introduction to autism spectrum disorder, applied behavior
analysis, behavioral interventions and child development;
(B) Principles and performance of applied behavior analysis or
other behavioral interventions;
(C) Legal, ethical and safety issues related to working with
families and vulnerable populations; and
(D) Professional standards and ethics;
(c) During a period of not more than 12 weeks, has completed 40
hours of work in applied behavior analysis supervised by a
licensed behavior analyst or a licensed assistant behavior
analyst, or 40 hours of work in applied behavior analysis
supervised by another licensed health care professional during
which the services performed are within the licensed health care
professional's scope of practice and are commensurate with the
licensed health care professional's post-secondary education,
training and supervised experience;
(d) Has successfully completed a criminal records check; and
(e) Receives ongoing oversight by a licensed behavior analyst
or a licensed assistant behavior analyst, or by another licensed
health care professional, as long as the services performed under
supervision are within the licensed health care professional's
scope of practice and are commensurate with the licensed health
care professional's post-secondary education, training and
supervised experience. + }
SECTION 4. { + (1) In accordance with applicable provisions of
ORS chapter 183, the Oregon Health Licensing Agency, in
consultation with the Applied Behavior Analysts Board, shall
adopt rules:
(a) Establishing standards for the licensing of behavior
analysts, assistant behavior analysts and autism technicians in
accordance with section 3 of this 2013 Act;
(b) Establishing guidelines for the professional methods and
procedures to be used by persons licensed under section 3 of this
2013 Act;
(c) Governing the examination of applicants for licenses issued
under section 3 of this 2013 Act and the renewal, suspension and
revocation of the licenses; and
(d) Establishing fees sufficient to cover the costs of the
agency and the board for administering the licensing program
under section 3 of this 2013 Act.
(2) The Oregon Health Licensing Agency shall issue a license to
an applicant who:
(a) Files an application in the form prescribed by the agency;
(b) Pays fees established by the agency; and
(c) Demonstrates to the satisfaction of the agency that the
applicant meets the criteria and standards adopted under this
section and section 3 of this 2013 Act.
(3) All moneys received by the agency under subsection (2) of
this section shall be paid into the General Fund of the State
Treasury and credited to the Oregon Health Licensing Agency
Account.
(4) An individual who has not been licensed by the agency under
this section may not claim reimbursement under ORS 743A.190 from
a health benefit plan or a self-insured health plan offered by
the Public Employees' Benefit Board or the Oregon Educators
Benefit Board. + }
SECTION 5. { + Notwithstanding section 4 (4) of this 2013 Act,
an individual actively practicing applied behavior analysis on
the effective date of this 2013 Act may continue to claim
reimbursement from a health benefit plan, the Public Employees'
Benefit Board or the Oregon Educators Board for services provided
without a license before January 1, 2016. + }
SECTION 6. { + The Oregon Health Licensing Agency make take
any action before January 1, 2014, that is necessary for the
agency to implement the provisions of section 4 of this 2013 Act
on and after January 1, 2014. + }
SECTION 7. { + In the manner prescribed in ORS chapter 183 for
contested cases, the Oregon Health Licensing Agency, in
consultation with the Applied Behavior Analysts Board, may impose
a form of discipline listed in ORS 676.612 against any person
licensed under section 4 of this 2013 Act for any of the
prohibited acts listed in ORS 676.612 and for any violation of a
rule adopted under section 4 of this 2013 Act. + }
SECTION 8. ORS 743A.190 is amended to read:
743A.190. { - (1) A health benefit plan, as defined in ORS
743.730, must cover for a child enrolled in the plan who is under
18 years of age and who has been diagnosed with a pervasive
developmental disorder all medical services, including
rehabilitation services, that are medically necessary and are
otherwise covered under the plan. - }
{ - (2) The coverage required under subsection (1) of this
section, including rehabilitation services, may be made subject
to other provisions of the health benefit plan that apply to
covered services, including but not limited to: - }
{ - (a) Deductibles, copayments or coinsurance; - }
{ - (b) Prior authorization or utilization review
requirements; or - }
{ - (c) Treatment limitations regarding the number of visits
or the duration of treatment. - }
{ - (3) As used in this section: - }
{ - (a) 'Medically necessary' means in accordance with the
definition of medical necessity that is specified in the policy,
certificate or contract for the health benefit plan and that
applies uniformly to all covered services under the health
benefit plan. - }
{ - (b) 'Pervasive developmental disorder' means a
neurological condition that includes Asperger's syndrome, autism,
developmental delay, developmental disability or mental
retardation. - }
{ - (c) 'Rehabilitation services' means physical therapy,
occupational therapy or speech therapy services to restore or
improve function. - }
{ - (4) The provisions of ORS 743A.001 do not apply to this
section. - }
{ - (5) The definition of 'pervasive developmental disorder '
is not intended to apply to coverage required under ORS
743A.168. - }
{ + (1) As used in this section:
(a) 'Applied behavior analysis' means the design,
implementation and evaluation of environmental modifications,
using behavioral stimuli and consequences, to produce significant
improvement in human social behavior, including the use of direct
observation, measurement and functional analysis of the
relationship between environment and behavior.
(b) 'Autism spectrum disorder' means a neurobiological
condition that includes autistic disorder, Asperger's disorder
and pervasive developmental disorder not otherwise specified, all
as defined in the Diagnostic and Statistical Manual of Mental
Disorders published by the American Psychiatric Association.
(2) A health benefit plan, as defined in ORS 743.730, and any
self-insured health plan offered by the Public Employees' Benefit
Board or the Oregon Educators Benefit Board shall provide
coverage for the screening for and diagnosis of autism spectrum
disorder and for applied behavior analysis that is medically
necessary to treat identified autism spectrum disorder.
(3) Coverage under this section is subject to confirmation of a
diagnosis of autism spectrum disorder by a provider licensed
under section 4 of this 2013 Act.
(4) This section does not require coverage of:
(a) Prescription drugs; or
(b) Services provided by a school district in accordance with
an individualized education program, as defined in ORS 343.035.
(5) ORS 743A.001 does not apply to this section. + }
SECTION 9. { + The amendments to ORS 743A.190 by section 8 of
this 2013 Act apply to policies or certificates issued or renewed
on or after January 1, 2014. + }
SECTION 10. ORS 414.025 is amended to read:
414.025. As used in this chapter and ORS chapters 411 and 413,
unless the context or a specially applicable statutory definition
requires otherwise:
(1)(a) 'Alternative payment methodology' means a payment other
than a fee-for-services payment, used by coordinated care
organizations as compensation for the provision of integrated and
coordinated health care and services.
(b) 'Alternative payment methodology' includes, but is not
limited to:
(A) Shared savings arrangements;
(B) Bundled payments; and
(C) Payments based on episodes.
(2) 'Category of aid' means assistance provided by the Oregon
Supplemental Income Program, aid granted under ORS 412.001 to
412.069 and 418.647 or federal Supplemental Security Income
payments.
(3) 'Categorically needy' means, insofar as funds are available
for the category, a person who is a resident of this state and
who:
(a) Is receiving a category of aid.
(b) Would be eligible for a category of aid but is not
receiving a category of aid.
(c) Is in a medical facility and, if the person left such
facility, would be eligible for a category of aid.
(d) Is under the age of 21 years and would be a dependent child
as defined in ORS 412.001 except for age and regular attendance
in school or in a course of professional or technical training.
(e)(A) Is a caretaker relative, as defined in ORS 412.001, who
cares for a child who would be a dependent child except for age
and regular attendance in school or in a course of professional
or technical training; or
(B) Is the spouse of the caretaker relative.
(f) Is under the age of 21 years and:
(A) Is in a foster family home or licensed child-caring agency
or institution and is one for whom a public agency of this state
is assuming financial responsibility, in whole or in part; or
(B) Is 18 years of age or older, is one for whom federal
financial participation is available under Title XIX or XXI of
the federal Social Security Act and who met the criteria in
subparagraph (A) of this paragraph immediately prior to the
person's 18th birthday.
(g) Is a spouse of an individual receiving a category of aid
and who is living with the recipient of a category of aid, whose
needs and income are taken into account in determining the cash
needs of the recipient of a category of aid, and who is
determined by the Department of Human Services to be essential to
the well-being of the recipient of a category of aid.
(h) Is a caretaker relative as defined in ORS 412.001 who cares
for a dependent child receiving aid granted under ORS 412.001 to
412.069 and 418.647 or is the spouse of the caretaker relative.
(i) Is under the age of 21 years, is in a youth care center and
is one for whom a public agency of this state is assuming
financial responsibility, in whole or in part.
(j) Is under the age of 21 years and is in an intermediate care
facility which includes institutions for persons with
developmental disabilities.
(k) Is under the age of 22 years and is in a psychiatric
hospital.
(L) Is under the age of 21 years and is in an independent
living situation with all or part of the maintenance cost paid by
the Department of Human Services.
(m) Is a member of a family that received aid in the preceding
month under ORS 412.006 or 412.014 and became ineligible for aid
due to increased hours of or increased income from employment. As
long as the member of the family is employed, such families will
continue to be eligible for medical assistance for a period of at
least six calendar months beginning with the month in which such
family became ineligible for assistance due to increased hours of
employment or increased earnings.
(n) Is an adopted person under 21 years of age for whom a
public agency is assuming financial responsibility in whole or in
part.
(o) Is an individual or is a member of a group who is required
by federal law to be included in the state's medical assistance
program in order for that program to qualify for federal funds.
(p) Is an individual or member of a group who, subject to the
rules of the department or the Oregon Health Authority, may
optionally be included in the state's medical assistance program
under federal law and regulations concerning the availability of
federal funds for the expenses of that individual or group.
(q) Is a pregnant woman who would be eligible for aid granted
under ORS 412.001 to 412.069 and 418.647, whether or not the
woman is eligible for cash assistance.
(r) Except as otherwise provided in this section, is a pregnant
woman or child for whom federal financial participation is
available under Title XIX or XXI of the federal Social Security
Act.
(s) Is not otherwise categorically needy and is not eligible
for care under Title XVIII of the federal Social Security Act or
is not a full-time student in a post-secondary education program
as defined by the department or the authority by rule, but whose
family income is at or below the federal poverty level and whose
family investments and savings equal less than the investments
and savings limit established by the department or the authority
by rule.
(t) Would be eligible for a category of aid but for the receipt
of qualified long term care insurance benefits under a policy or
certificate issued on or after January 1, 2008. As used in this
paragraph, 'qualified long term care insurance' means a policy or
certificate of insurance as defined in ORS 743.652 (7).
(u) Is eligible for the Health Care for All Oregon Children
program established in ORS 414.231.
(v) Is dually eligible for Medicare and Medicaid and receiving
care through a coordinated care organization.
(4) 'Community health worker' means an individual who:
(a) Has expertise or experience in public health;
(b) Works in an urban or rural community, either for pay or as
a volunteer in association with a local health care system;
(c) To the extent practicable, shares ethnicity, language,
socioeconomic status and life experiences with the residents of
the community where the worker serves;
(d) Assists members of the community to improve their health
and increases the capacity of the community to meet the health
care needs of its residents and achieve wellness;
(e) Provides health education and information that is
culturally appropriate to the individuals being served;
(f) Assists community residents in receiving the care they
need;
(g) May give peer counseling and guidance on health behaviors;
and
(h) May provide direct services such as first aid or blood
pressure screening.
(5) 'Coordinated care organization' means an organization
meeting criteria adopted by the Oregon Health Authority under ORS
414.625.
(6) 'Dually eligible for Medicare and Medicaid' means, with
respect to eligibility for enrollment in a coordinated care
organization, that an individual is eligible for health services
funded by Title XIX of the Social Security Act and is:
(a) Eligible for or enrolled in Part A of Title XVIII of the
Social Security Act; or
(b) Enrolled in Part B of Title XVIII of the Social Security
Act.
(7) 'Global budget' means a total amount established
prospectively by the Oregon Health Authority to be paid to a
coordinated care organization for the delivery of, management of,
access to and quality of the health care delivered to members of
the coordinated care organization.
(8) 'Health services' means at least so much of each of the
following as are funded by the Legislative Assembly based upon
the prioritized list of health services compiled by the Health
Evidence Review Commission under ORS 414.690:
(a) Services required by federal law to be included in the
state's medical assistance program in order for the program to
qualify for federal funds;
(b) Services provided by a physician as defined in ORS 677.010,
a nurse practitioner certified under ORS 678.375 or other
licensed practitioner within the scope of the practitioner's
practice as defined by state law, and ambulance services;
(c) Prescription drugs;
(d) Laboratory and X-ray services;
(e) Medical equipment and supplies;
(f) Mental health services;
(g) Chemical dependency services;
(h) Emergency dental services;
(i) Nonemergency dental services;
(j) Provider services, other than services described in
paragraphs (a) to (i) { - , (k), (L) and (m) - } { + and (k)
to (n) + } of this subsection, defined by federal law that may be
included in the state's medical assistance program;
(k) Emergency hospital services;
(L) Outpatient hospital services; { - and - }
(m) Inpatient hospital services { + ; and
(n) Applied behavior analysis for the treatment of autism
spectrum disorder + }.
(9) 'Income' has the meaning given that term in ORS 411.704.
(10) 'Investments and savings' means cash, securities as
defined in ORS 59.015, negotiable instruments as defined in ORS
73.0104 and such similar investments or savings as the department
or the authority may establish by rule that are available to the
applicant or recipient to contribute toward meeting the needs of
the applicant or recipient.
(11) 'Medical assistance' means so much of the medical, mental
health, preventive, supportive, palliative and remedial care and
services as may be prescribed by the authority according to the
standards established pursuant to ORS 414.065, including premium
assistance and payments made for services provided under an
insurance or other contractual arrangement and money paid
directly to the recipient for the purchase of health services and
for services described in ORS 414.710.
(12) 'Medical assistance' includes any care or services for any
individual who is a patient in a medical institution or any care
or services for any individual who has attained 65 years of age
or is under 22 years of age, and who is a patient in a private or
public institution for mental diseases. 'Medical assistance '
does not include care or services for an inmate in a nonmedical
public institution.
(13) 'Patient centered primary care home' means a health care
team or clinic that is organized in accordance with the standards
established by the Oregon Health Authority under ORS 414.655 and
that incorporates the following core attributes:
(a) Access to care;
(b) Accountability to consumers and to the community;
(c) Comprehensive whole person care;
(d) Continuity of care;
(e) Coordination and integration of care; and
(f) Person and family centered care.
(14) 'Peer wellness specialist' means an individual who is
responsible for assessing mental health service and support needs
of the individual's peers through community outreach, assisting
individuals with access to available services and resources,
addressing barriers to services and providing education and
information about available resources and mental health issues in
order to reduce stigmas and discrimination toward consumers of
mental health services and to provide direct services to assist
individuals in creating and maintaining recovery, health and
wellness.
(15) 'Person centered care' means care that:
(a) Reflects the individual patient's strengths and
preferences;
(b) Reflects the clinical needs of the patient as identified
through an individualized assessment; and
(c) Is based upon the patient's goals and will assist the
patient in achieving the goals.
(16) 'Personal health navigator' means an individual who
provides information, assistance, tools and support to enable a
patient to make the best health care decisions in the patient's
particular circumstances and in light of the patient's needs,
lifestyle, combination of conditions and desired outcomes.
(17) 'Quality measure' means the measures and benchmarks
identified by the authority in accordance with ORS 414.638.
(18) 'Resources' has the meaning given that term in ORS
411.704. For eligibility purposes, 'resources' does not include
charitable contributions raised by a community to assist with
medical expenses.
SECTION 11. ORS 676.150 is amended to read:
676.150. (1) As used in this section:
(a) 'Board' means the:
(A) State Board of Examiners for Speech-Language Pathology and
Audiology;
(B) State Board of Chiropractic Examiners;
(C) State Board of Licensed Social Workers;
(D) Oregon Board of Licensed Professional Counselors and
Therapists;
(E) Oregon Board of Dentistry;
(F) Board of Licensed Dietitians;
(G) State Board of Massage Therapists;
(H) Oregon Board of Naturopathic Medicine;
(I) Oregon State Board of Nursing;
(J) Nursing Home Administrators Board;
(K) Oregon Board of Optometry;
(L) State Board of Pharmacy;
(M) Oregon Medical Board;
(N) Occupational Therapy Licensing Board;
(O) Physical Therapist Licensing Board;
(P) State Board of Psychologist Examiners;
(Q) Board of Medical Imaging;
(R) State Board of Direct Entry Midwifery;
(S) State Board of Denture Technology;
(T) Respiratory Therapist and Polysomnographic Technologist
Licensing Board;
(U) Oregon Health Authority, to the extent that the authority
licenses emergency medical services providers;
(V) Oregon State Veterinary Medical Examining Board;
{ - or - }
(W) State Mortuary and Cemetery Board { + ; or
(X) Applied Behavior Analysts Board + }.
(b) 'Licensee' means a health professional licensed or
certified by or registered with a board.
(c) 'Prohibited conduct' means conduct by a licensee that:
(A) Constitutes a criminal act against a patient or client; or
(B) Constitutes a criminal act that creates a risk of harm to a
patient or client.
(d) 'Unprofessional conduct' means conduct unbecoming a
licensee or detrimental to the best interests of the public,
including conduct contrary to recognized standards of ethics of
the licensee's profession or conduct that endangers the health,
safety or welfare of a patient or client.
(2) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, a
licensee who has reasonable cause to believe that another
licensee has engaged in prohibited or unprofessional conduct
shall report the conduct to the board responsible for the
licensee who is believed to have engaged in the conduct. The
reporting licensee shall report the conduct without undue delay,
but in no event later than 10 working days after the reporting
licensee learns of the conduct.
(3) A licensee who is convicted of a misdemeanor or felony or
who is arrested for a felony crime shall report the conviction or
arrest to the licensee's board within 10 days after the
conviction or arrest.
(4) The board responsible for a licensee who is reported to
have engaged in prohibited or unprofessional conduct shall
investigate in accordance with the board's rules. If the board
has reasonable cause to believe that the licensee has engaged in
prohibited conduct, the board shall present the facts to an
appropriate law enforcement agency without undue delay, but in no
event later than 10 working days after the board finds reasonable
cause to believe that the licensee engaged in prohibited conduct.
(5) A licensee who fails to report prohibited or unprofessional
conduct as required by subsection (2) of this section or the
licensee's conviction or arrest as required by subsection (3) of
this section is subject to discipline by the board responsible
for the licensee.
(6) A licensee who fails to report prohibited conduct as
required by subsection (2) of this section commits a Class A
violation.
(7) Notwithstanding any other provision of law, a report under
subsection (2) or (3) of this section is confidential under ORS
676.175. A board may disclose a report as provided in ORS
676.177.
(8) Except as part of an application for a license or for
renewal of a license and except as provided in subsection (3) of
this section, a board may not require a licensee to report the
licensee's criminal conduct.
(9) The obligations imposed by this section are in addition to
and not in lieu of other obligations to report unprofessional
conduct as provided by statute.
(10) A licensee who reports to a board in good faith as
required by subsection (2) of this section is immune from civil
liability for making the report.
(11) A board and the members, employees and contractors of the
board are immune from civil liability for actions taken in good
faith as a result of a report received under subsection (2) or
(3) of this section.
SECTION 12. ORS 676.160 is amended to read:
676.160. As used in ORS 676.165 to 676.180, 'health
professional regulatory board' means the:
(1) State Board of Examiners for Speech-Language Pathology and
Audiology;
(2) State Board of Chiropractic Examiners;
(3) State Board of Licensed Social Workers;
(4) Oregon Board of Licensed Professional Counselors and
Therapists;
(5) Oregon Board of Dentistry;
(6) Board of Licensed Dietitians;
(7) State Board of Massage Therapists;
(8) State Mortuary and Cemetery Board;
(9) Oregon Board of Naturopathic Medicine;
(10) Oregon State Board of Nursing;
(11) Nursing Home Administrators Board;
(12) Oregon Board of Optometry;
(13) State Board of Pharmacy;
(14) Oregon Medical Board;
(15) Occupational Therapy Licensing Board;
(16) Physical Therapist Licensing Board;
(17) State Board of Psychologist Examiners;
(18) Board of Medical Imaging;
(19) Oregon State Veterinary Medical Examining Board;
{ - and - } { +
(20) Applied Behavior Analysts Board; and + }
{ - (20) - } { + (21) + } Oregon Health Authority, to the
extent that the authority licenses emergency medical services
providers.
SECTION 13. ORS 676.410 is amended to read:
676.410. (1) As used in this section, 'healthcare workforce
regulatory board' means the:
(a) Occupational Therapy Licensing Board;
(b) Oregon Medical Board;
(c) Oregon State Board of Nursing;
(d) Oregon Board of Dentistry;
(e) Physical Therapist Licensing Board;
(f) State Board of Pharmacy; { - and - }
(g) Board of Licensed Dietitians { + ; and
(h) Applied Behavior Analysts Board + }.
(2)(a) An applicant for a license from a healthcare workforce
regulatory board or renewal of a license by a healthcare
workforce regulatory board shall provide the information
prescribed by the Office for Oregon Health Policy and Research
pursuant to subsection (3) of this section.
(b) Except as provided in subsection (4) of this section, a
healthcare workforce regulatory board may not approve a
subsequent application for a license or renewal of a license
until the applicant provides the information.
(3) The Administrator for the Office for Oregon Health Policy
and Research shall collaborate with the healthcare workforce
regulatory boards to adopt rules for the manner, form and content
for reporting, and the information that must be provided to a
healthcare workforce regulatory board under subsection (2) of
this section, which may include:
(a) Demographics, including race and ethnicity.
(b) Education information.
(c) License information.
(d) Employment information.
(e) Primary and secondary practice information.
(f) Anticipated changes in the practice.
(g) Languages spoken.
(4)(a) A healthcare workforce regulatory board shall report
healthcare workforce information collected under subsection (2)
of this section to the Office for Oregon Health Policy and
Research.
(b) A healthcare workforce regulatory board shall keep
confidential and not release personally identifiable data
collected under this section for a person licensed, registered or
certified by a board. This paragraph does not apply to the
release of information to a law enforcement agency for
investigative purposes or to the release to the Office for Oregon
Health Policy and Research for state health planning purposes.
(5) The requirements of subsection (2) of this section apply to
an applicant for issuance or renewal of a license who is or who
is applying to become:
(a) An occupational therapist or certified occupational therapy
assistant as defined in ORS 675.210;
(b) A physician as defined in ORS 677.010;
(c) A physician assistant as defined in ORS 677.495;
(d) A nurse or nursing assistant licensed or certified under
ORS 678.010 to 678.410;
(e) A dentist or dental hygienist as defined in ORS 679.010;
(f) A physical therapist or physical therapist assistant as
defined in ORS 688.010;
(g) A pharmacist or pharmacy technician as defined in ORS
689.005; { - or - }
(h) A licensed dietitian, as defined in ORS 691.405 { - . - }
{ + ; or
(i) A behavior analyst, assistant behavior analyst or autism
technician licensed under section 4 of this 2013 Act. + }
(6) A healthcare workforce regulatory board may adopt rules as
necessary to perform the board's duties under this section.
(7) In addition to licensing fees that may be imposed by a
healthcare workforce regulatory board, the Oregon Health Policy
Board shall establish fees to be paid by applicants for issuance
or renewal of licenses reasonably calculated to reimburse the
actual cost of obtaining or reporting information as required by
subsection (2) of this section.
SECTION 14. ORS 676.606 is amended to read:
676.606. Pursuant to ORS 676.607, the Oregon Health Licensing
Agency shall provide administrative and regulatory oversight and
centralized service for the following boards, advisory councils
and programs:
(1) Board of Athletic Trainers, as provided in ORS 688.701 to
688.734;
(2) Board of Cosmetology, as provided in ORS 690.005 to
690.235;
(3) State Board of Denture Technology, as provided in ORS
680.500 to 680.565;
(4) State Board of Direct Entry Midwifery, as provided in ORS
687.405 to 687.495;
(5) Respiratory Therapist and Polysomnographic Technologist
Licensing Board, as provided in ORS 688.800 to 688.840;
(6) Environmental Health Registration Board, as provided in ORS
chapter 700;
(7) Board of Body Art Practitioners, as provided in ORS 690.350
to 690.415;
(8) Advisory Council on Hearing Aids, as provided in ORS
694.015 to 694.185;
(9) Sex Offender Treatment Board, as provided in ORS 675.360 to
675.410;
(10) Nursing Home Administrators Board, as provided in ORS
678.710 to 678.820; { - and - }
(11) Board of Licensed Dietitians, as provided in ORS 691.405
to 691.485 { - . - } { + ; and
(12) Applied Behavior Analysts Board, as provided in sections 4
and 7 of this 2013 Act. + }
SECTION 15. ORS 676.610 is amended to read:
676.610. (1)(a) The Oregon Health Licensing Agency is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers and for the
organization of the agency.
(b) The Director of the Oregon Department of Administrative
Services shall establish the qualifications for and appoint the
Director of the Oregon Health Licensing Agency, who holds office
at the pleasure of the Director of the Oregon Department of
Administrative Services.
(c) The Director of the Oregon Health Licensing Agency shall
receive a salary as provided by law or, if not so provided, as
prescribed by the Director of the Oregon Department of
Administrative Services.
(d) The Director of the Oregon Health Licensing Agency is in
the unclassified service.
(2) The Director of the Oregon Health Licensing Agency shall
provide the boards, councils and programs administered by the
agency with such services and employees as the agency requires to
carry out the agency's duties. Subject to any applicable
provisions of the State Personnel Relations Law, the Director of
the Oregon Health Licensing Agency shall appoint all subordinate
officers and employees of the agency, prescribe their duties and
fix their compensation.
(3) The Director of the Oregon Health Licensing Agency is
responsible for carrying out the duties, functions and powers
under ORS 675.360 to 675.410, 676.605 to 676.625, 676.992,
678.710 to 678.820, 680.500 to 680.565, 687.405 to 687.495,
687.895, 688.701 to 688.734, 688.800 to 688.840, 690.005 to
690.235, 690.350 to 690.415, 691.405 to 691.485 and 694.015 to
694.185 { + and sections 4 to 7 of this 2013 Act + } and ORS
chapter 700.
(4) The enumeration of duties, functions and powers in
subsection (3) of this section is not intended to be exclusive or
to limit the duties, functions and powers imposed on or vested in
the Oregon Health Licensing Agency by other statutes.
SECTION 16. ORS 676.612 is amended to read:
676.612. (1) In the manner prescribed in ORS chapter 183 for
contested cases and as specified in ORS 675.385, 678.780,
680.535, 687.445, 688.734, 688.836, 690.167, 690.407, 691.477,
694.147 and 700.111 { + and section 7 of this 2013 Act + }, the
Oregon Health Licensing Agency may refuse to issue or renew, may
suspend or revoke or may otherwise condition or limit a
certificate, license, permit or registration to practice issued
by the agency or may discipline or place on probation a holder of
a certificate, license, permit or registration for commission of
the prohibited acts listed in subsection (2) of this section.
(2) A person subject to the authority of a board, council or
program listed in ORS 676.606 commits a prohibited act if the
person engages in:
(a) Fraud, misrepresentation, concealment of material facts or
deception in applying for or obtaining an authorization to
practice in this state, or in any written or oral communication
to the agency concerning the issuance or retention of the
authorization.
(b) Using, causing or promoting the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, insignia or any other representation, however disseminated
or published, that is false, misleading or deceptive.
(c) Making a representation that the certificate, license,
permit or registration holder knew or should have known is false
or misleading regarding skill or the efficacy or value of
treatment or remedy administered by the holder.
(d) Practicing under a false, misleading or deceptive name, or
impersonating another certificate, license, permit or
registration holder.
(e) Permitting a person other than the certificate, license,
permit or registration holder to use the certificate, license,
permit or registration.
(f) Practicing with a physical or mental condition that
presents an unreasonable risk of harm to the holder of a
certificate, license, permit or registration or to the person or
property of others in the course of performing the holder's
duties.
(g) Practicing while under the influence of alcohol, controlled
substances or other skill-impairing substances, or engaging in
the illegal use of controlled substances or other skill-impairing
substances so as to create a risk of harm to the person or
property of others in the course of performing the duties of a
holder of a certificate, license, permit or registration.
(h) Failing to properly and reasonably accept responsibility
for the actions of employees.
(i) Employing, directly or indirectly, any suspended,
uncertified, unlicensed or unregistered person to practice a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.606.
(j) Unprofessional conduct, negligence, incompetence, repeated
violations or any departure from or failure to conform to
standards of practice in performing services or practicing in a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed under ORS 676.606.
(k) Conviction of any criminal offense, subject to ORS 670.280.
A copy of the record of conviction, certified by the clerk of the
court entering the conviction, is conclusive evidence of the
conviction. A plea of no contest or an admission of guilt shall
be considered a conviction for purposes of this paragraph.
(L) Failing to report any adverse action, as required by
statute or rule, taken against the certificate, license, permit
or registration holder by another regulatory jurisdiction or any
peer review body, health care institution, professional
association, governmental agency, law enforcement agency or court
for acts or conduct similar to acts or conduct that would
constitute grounds for disciplinary action as described in this
section.
(m) Violation of a statute regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(n) Violation of any rule regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(o) Failing to cooperate with the agency in any investigation,
inspection or request for information.
(p) Selling or fraudulently obtaining or furnishing any
certificate, license, permit or registration to practice in a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.606, or
aiding or abetting such an act.
(q) Selling or fraudulently obtaining or furnishing any record
related to practice in a regulated occupation or profession
subject to the authority of the boards, councils and programs
listed in ORS 676.606, or aiding or abetting such an act.
(r) Failing to pay an outstanding civil penalty or fee that is
due or failing to meet the terms of any order issued by the
agency that has become final.
(3) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the agency may require
the fingerprints of a person who is:
(a) Applying for a certificate, license, permit or registration
that is issued by the agency;
(b) Applying for renewal of a certificate, license, permit or
registration that is issued by the agency; or
(c) Under investigation by the agency.
(4) If the agency places a holder of a certificate, license,
permit or registration on probation under subsection (1) of this
section, the agency, in consultation with the appropriate board,
council or program, may determine and at any time modify the
conditions of the probation.
(5) If a certificate, license, permit or registration is
suspended, the holder may not practice during the term of
suspension. Upon the expiration of the term of suspension, the
certificate, license, permit or registration may be reinstated by
the agency if the conditions of suspension no longer exist and
the holder has satisfied all requirements in the relevant
statutes or administrative rules for issuance, renewal or
reinstatement.
SECTION 17. ORS 676.613 is amended to read:
676.613. (1) In addition to all other remedies, when it appears
to the Oregon Health Licensing Agency that a person is engaged
in, has engaged in or is about to engage in any act, practice or
transaction that violates any provision of ORS 675.360 to
675.410, 676.617, 678.710 to 678.820, 680.500 to 680.565, 687.405
to 687.495, 688.701 to 688.734, 688.800 to 688.840, 690.005 to
690.235, 690.350 to 690.415, 691.405 to 691.485 or 694.015 to
694.185 { + or section 4 of this 2013 Act + } or ORS chapter
700, the agency may, through the Attorney General or the district
attorney of the county in which the act, practice or transaction
occurs or will occur, apply to the court for an injunction
restraining the person from the act, practice or transaction.
(2) A court may issue an injunction under this section without
proof of actual damages. An injunction issued under this section
does not relieve a person from any other prosecution or
enforcement action taken for violation of statutes listed in
subsection (1) of this section.
SECTION 18. ORS 676.622 is amended to read:
676.622. (1) A transaction conducted through a state or local
system or network that provides electronic access to the Oregon
Health Licensing Agency information and services is exempt from
any requirement under ORS 675.360 to 675.410, 676.605 to 676.625,
676.992, 680.500 to 680.565, 687.405 to 687.495, 688.701 to
688.734, 688.800 to 688.840, 690.005 to 690.235, 690.350 to
690.415, 691.405 to 691.485 and 694.015 to 694.185 { + and
section 4 of this 2013 Act + } and ORS chapter 700, and rules
adopted thereunder, requiring an original signature or the
submission of handwritten materials.
(2) Electronic signatures subject to ORS 84.001 to 84.061 and
facsimile signatures are acceptable and have the same force as
original signatures.
SECTION 19. ORS 676.625 is amended to read:
676.625. (1) The Oregon Health Licensing Agency shall establish
by rule and shall collect fees and charges to carry out the
agency's responsibilities under ORS 676.605 to 676.625 and
676.992 and any responsibility imposed on the agency pertaining
to the boards, councils and programs administered and regulated
by the agency pursuant to ORS 676.606.
(2) The Oregon Health Licensing Agency Account is established
in the General Fund of the State Treasury. The account shall
consist of the moneys credited to the account by the Legislative
Assembly. All moneys in the account are appropriated continuously
to and shall be used by the Oregon Health Licensing Agency for
payment of expenses of the agency in carrying out the duties,
functions and obligations of the agency, and for payment of the
expenses of the boards, councils and programs administered and
regulated by the agency pursuant to ORS 676.606. The agency shall
keep a record of all moneys credited to the account and report
the source from which the moneys are derived and the activity of
each board, council or program that generated the moneys.
(3) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting fees and charges credited to the account, the fees
and charges may not exceed the cost of administering the agency
and the boards, councils and programs within the agency, as
authorized by the Legislative Assembly within the agency's
budget, as the budget may be modified by the Emergency Board.
(4) All moneys credited to the account pursuant to ORS 675.405,
676.617, 680.525, 687.435, 688.728, 688.834, 690.235, 690.415,
691.479, 694.185 and 700.080 { + and section 4 of this 2013
Act + }, and moneys credited to the account from other agency and
program fees established by the agency by rule, are continuously
appropriated to the agency for carrying out the duties, functions
and powers of the agency under ORS 676.605 to 676.625 and 676.992
{ + and section 4 of this 2013 Act + }.
(5) The moneys received from civil penalties assessed under ORS
676.992 shall be deposited and accounted for as are other moneys
received by the agency and shall be for the administration and
enforcement of the statutes governing the boards, councils and
programs administered by the agency.
SECTION 20. ORS 676.992 is amended to read:
676.992. (1) Except as provided in subsection (3) of this
section, and in addition to any other penalty or remedy provided
by law, the Oregon Health Licensing Agency may impose a civil
penalty not to exceed $5,000 for each violation of the following
statutes and any rule adopted thereunder:
(a) ORS 688.701 to 688.734 (athletic training);
(b) ORS 690.005 to 690.235 (cosmetology);
(c) ORS 680.500 to 680.565 (denture technology);
(d) ORS 687.405 to 687.495 (direct entry midwifery);
(e) ORS 690.350 to 690.415 (tattooing, electrolysis, body
piercing, dermal implanting and scarification);
(f) ORS 694.015 to 694.185 (dealing in hearing aids);
(g) ORS 688.800 to 688.840 (respiratory therapy and
polysomnography);
(h) ORS chapter 700 (environmental sanitation);
(i) ORS 676.617 (single facility licensure);
(j) ORS 675.360 to 675.410 (sex offender treatment);
(k) ORS 678.710 to 678.820 (nursing home administrators);
(L) ORS 691.405 to 691.485 (dietitians); { - and - }
(m) ORS 676.612 (prohibited acts) { + ; and
(n) Section 4 of this 2013 Act (applied behavior analysis) + }.
(2) The agency may take any other disciplinary action that it
finds proper, including but not limited to assessment of costs of
disciplinary proceedings, not to exceed $5,000, for violation of
any statute listed in subsection (1) of this section or any rule
adopted under any statute listed in subsection (1) of this
section.
(3) Subsection (1) of this section does not limit the amount of
the civil penalty resulting from a violation of ORS 694.042.
(4) In imposing a civil penalty pursuant to this section, the
agency shall consider the following factors:
(a) The immediacy and extent to which the violation threatens
the public health or safety;
(b) Any prior violations of statutes, rules or orders;
(c) The history of the person incurring a penalty in taking all
feasible steps to correct any violation; and
(d) Any other aggravating or mitigating factors.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(6) The moneys received by the agency from civil penalties
under this section shall be paid into the General Fund of the
State Treasury and credited to the Oregon Health Licensing Agency
Account established under ORS 676.625. Such moneys are
continuously appropriated to the agency for the administration
and enforcement of the laws the agency is charged with
administering and enforcing that govern the person against whom
the penalty was imposed.
SECTION 21. { + (1) Sections 4, 5 and 7 of this 2013 Act
become operative November 1, 2013.
(2) The amendments to ORS 414.025 and 743A.190 by sections 8
and 10 of this 2013 Act become operative January 1, 2014. + }
SECTION 22. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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