Or. Admin. R. 333-028-0350 - Local School Dental Sealant Programs: Compliance

(1) A Local SDSP must notify the Program within 10 business days of any change that brings the Local SDSP out of compliance with the certification requirements. A Local SDSP must submit a waiver to the Program that includes:
(a) Explanation of the non-compliant requirement;
(b) Plan for corrective action; and
(c) Date for compliance.
(2) The Program will review the waiver request and inform the Local SDSP of approval or denial of the waiver within 10 business days of submission. Services may be provided until the Local SDSP has been notified of its waiver request.
(3) If the waiver is approved, the Local SDSP will be provided provisional certification and must comply with certification requirements by the proposed date of compliance.
(4) If a waiver is denied; a Local SDSP does not come into compliance by the date of compliance stated on the waiver; or a Local SDSP is out of compliance with certification requirements and has not submitted a waiver, the Program, in its discretion, shall:
(a) Require the Local SDSP to complete an additional waiver with an updated plan for corrective action and updated date for compliance;
(b) Require the Local SDSP to complete a waiver to satisfy the requirements in section (1) of this rule;
(c) Issue a written warning with a timeline for corrective action; or
(d) Issue a letter of non-compliance with the notification of a suspension or decertification status. The Program will notify the CCO operating in the community and Local SDSP schools that a Local SDSP has been suspended or decertified. Dental sealants may not be provided in the school until the Local SDSP is certified.
(5) A Local SDSP that had been decertified may be reinstated after reapplying for certification.
(6) A Local SDSP with suspended certification status may have its suspension lifted once the Program determines that compliance with certification requirements has been satisfactorily achieved. The Program will notify the CCOs operating in the community and schools that the Local SDSP's suspension has been lifted and that dental sealants may now be provided in the school.
(7) If there are updates to the current rules that require a Local SDSP to make any operational changes, the Program will allow the Local SDSP until the beginning of the next certification year or a minimum of 90 days to come into compliance. This does not apply to rules amended during a declared state of emergency or public health emergency, or where the rule explicitly states a Local SDSP must comply immediately.


Or. Admin. R. 333-028-0350
PH 2-2016, f. & cert. ef. 1/29/2016; PH 3-2018, amend filed 01/16/2018, effective 1/16/2018; PH 8-2022, amend filed 01/28/2022, effective 1/28/2022

Statutory/Other Authority: ORS 431A.725

Statutes/Other Implemented: ORS 431A.725

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