| Laws & Rules for Respiratory Therapy |
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| Authorizing Statutes & Rules |
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Regulations governing respiratory therapy in Oregon are contained in Oregon Revised Statutes (ORS) 688.808-840 and 688.995.
Oregon Administrative Rules (OAR) for respiratory therapy are contained in Chapter 331, Divisions 700-730.
Oregon Health Licensing Agency (OHLA) statutes and rules governing administrative, procedural, licensing and regulatory compliance requirements for all OHLA-regulated professions are found in ORS 676.605-676.625 and 676.992 and OAR 331, Divisions 001-030.
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| PROPOSED ADMINISTRATIVE RULES |
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ADMINISTRATIVE RULE SCHEDULE
The Respiratory Therapist Licensing Board has filed proposed rules with the Secretary of State's Office to be published in the Oregon Bulletin on July 1, 2010. July 1, 2010 also begins the public comment period. The public comment period will close as of August 6, 2010, giving interested parties 37 days to comment in writing or orally at a public rule hearing scheduled for August 6, 2010, 9 am in the Rhoades Conference Room.
The board will review and consider all comments and recommendations at the full board meeting on August 30, 2010, and adopt permanent administrative rules, which will become effective on October 1, 2010.
Date
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Time
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Event
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| March 26, 2010 |
9 am
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Rules Advisory Committee |
April 23, 2010
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9 am
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Rules Advisory Committee
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May 28, 2010
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9 am
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Rules Advisory Committee
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June 4, 2010
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9 am
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Board Meeting – review proposed administrative rules
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July 1, 2010
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Proposed Rules Published in Oregon Bulletin
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July 1, 2010
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Public Comment Period Begins
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August 6, 2010
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Last day for Public Comment
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August 6, 2010
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9 am
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Public Rule Hearing – Bert Krages
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August 30, 2010
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9 am
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Board Meeting adopt permanent rules for fees
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October 1, 2010
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Permanent Administrative Rules effective
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Administrative Rulemaking Schedule (printable version PDF)
HOT TOPICS FOR CHANGE
Notice of Proposed Rulemaking Hearing
Statement of Need and Fiscal Impact
Proposed Rule Language (full text)
Letter to Interested Parties and Stakeholders
The following is a summary and explanation of the major changes being proposed:
General Amendments to Oregon Administrative Rules (OAR) will align current industry, agency and statewide rulemaking standards and principles. Amendments include allowance for a Certification of Completion from a college or university which has been notarized by the program director and defining “place” as referenced in ORS 688.805 to specify emergency and ambulatory settings.
Adopt OAR 331-705-0070, Sleep Lab Exemption, to allow for certain respiratory care services (e.g. positive airway pressure) to be performed by unlicensed individuals in sleep labs under a medical director. The sleep lab must be owned by a hospital or a physician to be within the exemption. The exemption excludes certain complex respiratory care services, which will continue to require a licensed respiratory therapist to provide the service. See attached for specific language.
There have been several questions raised regarding OAR 331-705-0070(5) of the sleep lab exemption rule. The board's intention is to limit respiratory therapy services that are exempt within the sleep lab. Specifically, the sleep lab exemption would not include performing partial or full ventilatory support services involving tidal volume regulation or which require the setting of respiratory back-up rates. In other words, performing partial or full ventilatory support services involving tidal volume regulation or which require the setting of respiratory back-up rates would continue to be limited to only licensed respiratory therapists or other licensed individuals under ORS 688.805(2), even when performed within a sleep lab.
The board has been discussing creating a rule to exempt comprehensive sleep labs from respiratory care services under ORS 688.800, which would allow individuals employed by a defined sleep lab to perform functions that currently fall within the definition of respiratory care services, regardless of the individual's licensure status. "Licensure" DOES NOT include someone certified nationally, such as a registered polysomnographic technologist (RSPGT) and, currently, unlicensed persons are not statutorily authorized to practice respiratory care in Oregon.
Adopt OAR 331-715-0045, Pharmacological Agents, to set general parameters around which pharmacological agents respiratory therapists may use and by what method. Prohibits the use of certain pharmacological agents under intravenous administration.
PUBLIC COMMENT
WRITTEN COMMENTS
Please send all comments to the following:
Samie Patnode, Policy Analyst
700 Summer St NE, Suite 320
Salem, OR 97301-1287
samie.patnode@state.or.us
Work: (503) 373-1917
Fax: (503) 585-9114
ORAL TESTIMONY:
Oral testimony will be taken by the contract hearings officer on August 6, 2010, at 9 am, 700 Summer St NE, Suite 320, Salem, OR 97301-1287.
Letter to Interested Parties and Stakeholders
PUBLIC ATTENDANCE VERSUS PARTICIPATION
Is the public or licensees allowed to attend the Rules Advisory Committee Meetings?
Yes. Members of the public are invited and encouraged to be in attendance at all board committee meetings. However, this does not mean the committee will allow for participation from audience members under Attorney General's Meeting Manual ORS 192.630. Committee members may opt to call on subject matter experts (SME) for knowledge in specific areas. Decisions to call on SMEs will be made by the board members at the time of the meeting.
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| State Statutes |
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Respiratory Therapy ORS 688.800-840 and 688.995 (Scroll down to find the related section.)
Oregon Health Licensing Agency (OHLA) ORS 676.605-676.625 and 676.992 (Scroll down to find the related section.)
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| Administrative Rules |
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Respiratory Therapy OAR Chapter 331, Divisions 705-730 (effective 02-01-2010) (Scroll down to find the related division link.)
Oregon Health Licensing Agency (OHLA) OAR Chapter 331, Divisions 001-030 (effective 6-01-2009)
The above rules link directly to the Secretary of State and may not reflect recently adopted rules. OHLA offers the most recently adopted rules in PDF file format below.
Respiratory Therapy OAR Chapter 331, Division 705-730 (03/01/2010 PDF Version)
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| More Information |
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Click here to learn more about Oregon laws and rules.
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