Or. Admin. Code § 409-030-0150 - Exceptions
(1) In addition to the exceptions listed in
OAR 409-030-0130(2) and 409-030-0140(2), the standards in these rules do not
apply to students who will not have direct patient contact as part of their
clinical placement, who are undergoing training overseen by their employer,
academic institution, or training program at facilities that are located on the
premises of or operated solely by the employer, academic institution or
training program, or are otherwise considered "in-house" clinics.
(2) Clinical placement sites that have fewer
or less stringent administrative requirements for newly hired non-student
employees may request exemption from specific provisions of OAR 409-030-0170 through 409-030-0240 for students performing clinical placements at that site.
For example, a clinical placement site that does not require regular employees
to take a drug screen prior to being hired may request exemption from the
section of these rules that require students to take a drug screen prior to
being placed at that clinical site. However:
(a) All exemptions must be documented with
the Authority prior to implementation of the exemption; and
(b) Clinical placement sites may only request
exemptions from the specific category or section of these rules in which their
requirements for newly-hired non student employees are less (such as
immunizations, screenings, trainings or other listed in Table 1). Clinical
placement sites with an exemption to a specific category of the administrative
requirements must still comply with all other sections of these
rules.
(3) Exemption
requests may be submitted by:
(a) Clinical
placement sites; or
(b) Educational
institutions, on behalf of and in consultation with the clinical placement
sites with which they contract and place students for clinical
training.
(4) A request
for exemption must include:
(a) The name and
mailing address of the clinical placement setting.
(b) The supervisor or manager of student
clinical placements on site, an email address and a phone number.
(c) The name and email address of the
supervising instructor or department head at the affiliated educational
institution if the request is made by a clinical placement site.
(d) A request for exemption from a specific
section of the rules, that includes a description of the clinical placement
setting's requirements for newly hired non-student employees, and how they
differ from the requirements set forth in these rules, using the form found
online at
https://www.oregon.gov/oha/HPA/HP/sctDocs/Health-Care-Facility-Exemption-Request-Form-fillable.docx.
(5) Clinical placement settings
may temporarily institute a site-specific variation or change to a requirement
listed in OAR 409-030-0170 through 409-030-0240 in extenuating circumstances
including but not limited to a public health emergency, such as an outbreak
that requires new or different vaccination or a safety breach that requires
immediate action, provided that the clinical placement setting clearly notifies
all affected parties and the Authority in advance of the changes.
(6) When instituted, a change or variation of
these rule requirements may remain in place at the clinical training placement
setting until the next annual review of the rules, at which point the Authority
shall decide if:
(a) The change or variation
is one mandated by a federal or state regulatory agency and will therefore be
incorporated into these rules for all affected clinical placement settings and
health profession students; or
(b)
The change or variation would improve student and patient safety significantly
and should be applied widely to clinical placement settings and health
profession students in the state of Oregon, through an amendment to these
rules; or
(c) The change or
variation is not appropriate for widespread application to clinical placement
settings and health professions students in the state of Oregon. In this case,
the change or variation may not be re-instated by the clinical placement site
after the annual review of the rules.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 413.435
Statutes/Other Implemented: ORS 413.435
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) In addition to the exceptions listed in OAR 409-030-0130(2) and 409-030-0140(2), the standards in these rules do not apply to students who will not have direct patient contact as part of their clinical placement , who are undergoing training overseen by their employer, academic institution, or training program at facilities that are located on the premises of or operated solely by the employer, academic institution or training program, or are otherwise considered "in-house" clinics.
(2) Clinical placement sites that have fewer or less stringent administrative requirements for newly hired non-student employees may request exemption from specific provisions of OAR 409-030-0170 through 409-030-0240 for students performing clinical placements at that site. For example, a clinical placement site that does not require regular employees to take a drug screen prior to being hired may request exemption from the section of these rules that require students to take a drug screen prior to being placed at that clinical site . However:
(a) All exemptions must be documented with the Authority prior to implementation of the exemption; and
(b) Clinical placement sites may only request exemptions from the specific category or section of these rules in which their requirements for newly-hired non-student employees are less (such as immunizations, screenings, trainings or other listed in Table 1). Clinical placement sites with an exemption to a specific category of the administrative requirements must still comply with all other sections of these rules.
(3) Exemption requests may be submitted by:
(a) Clinical placement sites; or
(b) Educational institutions, on behalf of and in consultation with the clinical placement sites with which they contract and place students for clinical training.
(4) A request for exemption must include:
(a) The name and mailing address of the clinical placement setting.
(b) The supervisor or manager of student clinical placements on site, and email address and a phone number.
(c) The name and email address of the supervising instructor or department head at the affiliated educational institution if the request is made by a clinical placement site.
(d) A request for exemption from a specific section of the rules, that includes a description of the clinical placement setting's requirements for newly hired non-student employees, and how they differ from the requirements set forth in these rules, using the form found online at https://www.oregon.gov/oha/HPA/HP/sctDocs/Health%20Care%20Facility%20Exemption%20Request%20Form.pdf.
(5) Clinical placement settings may temporarily institute a site-specific variation or change to a requirement listed in OAR 409-030-0170 through 409-030-0240 in extenuating circumstances including but not limited to a public health emergency situation, such as an outbreak that requires new or different vaccination or a safety breach that requires immediate action, provided that the clinical placement setting clearly notifies all affected parties and the Authority in advance of the changes.
(6) Once instituted, a change or variation of these rule requirements may remain in place at the clinical training placement setting until the next annual review of the rules, at which point the Authority shall decide if:
(a) The change or variation is one mandated by a federal or state regulatory agency and will therefore be incorporated into these rules for all affected clinical placement settings and health profession students; or
(b) The change or variation would improve student and patient safety significantly and should be applied widely to clinical placement settings and health profession students in the state of Oregon, through an amendment to these rules; or
(c) The change or variation is not appropriate for widespread application to clinical placement settings and health professions students in the state of Oregon. In this case, the change or variation may not be re-instated by the clinical placement site after the annual review of the rules.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 413.435
Statutes/Other Implemented: ORS 413.435