Or. Admin. Code § 333-275-1010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-275-1010 - Emergency Certification

(1) Definitions:

(a) "Home certifying state" means the state that currently licenses or certifies an individual as a CHDT who is seeking an emergency certificate from the Division.

(b) "Emergency certificate" is a short-term certificate issued under this rule during an declared emergency or public health emergency to an applicant who is primarily licensed or certified as a CHDT in another state.

(2)

(a) During an emergency declared under ORS 401.165 or a public health emergency declared under ORS 433.441, the Division may grant an emergency certificate to an individual who:

(A) Is validly and currently licensed or certified as a CHDT in another state;

(B)

(i) Has completed a Division-approved hemodialysis technician training program; or

(ii) Has been employed as a certified or licensed CHDT in another state for a minimum of 1,000 hours within the preceding 24-month period;

(C) Is not subject to any adverse actions related to certification or licensure;

(D) Passed a Division-approved national certification examination;

(E) Is sponsored by a dialysis facility or center that intends to immediately employ the individual, in a paid or volunteer capacity;

(F)

(i) Is not disqualified after completing the required criminal history check in OAR 333-275-0040; or

(ii) Demonstrates that the home certifying state conducted a criminal history check, the home certifying state is authorized to conduct both state and federal criminal history checks, and the applicant was not disqualified from certification; and

(G) Submits the required fee(s) in accordance with OAR 333-275-0180.

(b) An emergency certificate issued under this rule shall be valid for a period determined by the Division, not to exceed six months or until the state of emergency is terminated, whichever is earlier. If the emergency still exists after six months, the Division may renew or continue any emergency certificate for an additional six months.

(c) The Division may request any other information or verification prior to issuing an emergency certificate and may require a criminal history check under OAR 333-275-0040.

(3) To apply for an emergency certificate, an applicant must submit:

(a) A complete application in a form provided by the Division including, but not limited to, the following:

(A) The applicant's name, permanent address, electronic mail address and telephone number;

(B) The name and contact information of the sponsoring dialysis facility or center; and

(C) Attestation that the applicant is not subject to any adverse actions related to certification or licensure.

(b) A copy of their current CHDT license or certificate from their home certifying state;

(c) Documentation that the applicant has passed a Division-approved national certification examination;

(d) Documentation that the applicant has:

(A) Completed a Division-approved hemodialysis technician training program; or

(B) Been employed as a certified or licensed CHDT in another state for a minimum of 1,000 hours within the preceding 24-month period;

(e)

(A) Written consent for a criminal record check and a completed fingerprint card for a Federal Bureau of Investigation (FBI) check, where required, and any associated fees; or

(B) Documentation demonstrating that the home certifying state conducted a criminal history check, the home certifying state is authorized to conduct both state and federal criminal history checks, and the applicant was not disqualified from certification; and

(f) All required fees in accordance with OAR 333-275-0180.

(4) The Division may deny, suspend, or revoke an emergency certification for any reason that it may deny, suspend, or revoke a certificate in ORS 688.625 through 688.665 or OAR chapter 333, division 275.

(5) An individual with an emergency certification must comply with ORS 688.625 through 688.665 and all rules adopted thereunder.

(6) This rule will be suspended when the state of emergency or public health emergency is terminated.

Or. Admin. Code § 333-275-1010

PH 22-2020, temporary adopt filed 04/10/2020, effective 04/10/2020 through 10/06/2020; PH 70-2020, adopt filed 10/06/2020, effective 10/6/2020; PH 13-2023, amend filed 03/13/2023, effective 7/1/2023

Statutory/Other Authority: ORS 401.165, 401.168, 401.990, 413.042, 431A.005, 431A.010, 431A.015, 433.441, 688.635, 688.640 & 688.650

Statutes/Other Implemented: ORS 688.640 & 688.650