Or. Admin. R. 410-133-0120 - Medically Qualified Staff

Current through Register Vol. 60, No. 12, December 1, 2021

(1) The school medical (SM) provider shall furnish covered health services through the medically qualified staff who provide health services within the scope of their licensure. The SM provider shall document the credentials and qualifications, updated periodically, of all medically qualified staff. The SM provider credential file shall document the manner in which the provider checked, and periodically re-checked, the Medicaid provider exclusion list to confirm that the medically qualified staff is eligible to provide health services to Medicaid-eligible students in compliance with provider enrollment agreement attachment OHP 3120. Special education teachers are not recognized as medically qualified staff for these services. See http://oig.hhs.gov/exclusions/index.asp.
(2) School-based health services are delivered by providers who meet the federal requirements listed below and who operate within the scope of their health care practitioner's license or certification pursuant to state law as follows:
(a) Evaluation and physical therapy treatments shall be provided by licensed physical therapists that meet the federal requirements of 42 CFR 440.110 and are licensed by the state Physical Therapist Licensing Board. Licensed physical therapists assistants whose function is to assist the physical therapist in patient-related activities and to perform delegated procedures that are commensurate with the licensed therapist assistant's education and training may provide therapy treatments under the supervision and direction of a state licensed physical therapist within the scope of the health care practitioner's license and accreditation pursuant to state law;
(b) Occupational therapy evaluation and treatments shall be provided by licensed occupational therapists that meet the federal requirements of 42 CFR 440.110 and are licensed by the state Occupational Therapy Licensing Board. Licensed occupational therapist assistants whose function is to assist the occupational therapist in patient-related activities and to perform delegated procedures that are commensurate with the licensed therapist assistant's education and training may provide therapy treatments under the supervision and direction of a state licensed occupational therapist within the scope of the health care practitioner's license and accreditation pursuant to state law;
(c) Speech therapy evaluation and treatments shall be provided by speech pathologists that meet the federal requirements at 42 CFR 440.110 and are licensed by the state Board of Examiners for Speech-Language Pathology and Audiology or hold a license issued by the Teacher Standards and Practice Commission (TSPC) prior July 1, 2016, exemption in ORS 681.230(4) pursuant to SB287 and hold a Certificate of Clinical Competency from the American Speech-Language-Hearing Association or has completed the equivalent educational requirements and work experience necessary for the certificate or has completed the academic program and is acquiring supervised work experience to qualify for the certificate:
(A) Speech therapy services may be provided by a graduate speech pathologist being supervised in the Clinical Fellowship Year (CFY) and shall be provided in compliance with supervision requirements of the state licensing board and the American Speech-Language-Hearing Association (ASHA);
(B) A Certified Speech-Language Pathology Assistant (SLPA) performing within the scope of practice may provide therapy under the supervision of a state licensed speech-language pathologist within the scope of the health care practitioner's license and accreditation pursuant to state law meeting the requirements for speech pathologist as above described in (c). Excludes services described in OAR 335-095-0040, Qualifications for Supervising Speech-Language Pathology Assistants; see OAR 410-133-0200 Not Covered Services.
(d) Audiology evaluation and services shall be provided by audiologists that meet the federal requirements at 42 CFR 440.110;
(e) Nurse evaluation and treatments shall be provided by or under the direction of registered nurses (RN) licensed to practice in Oregon by the Oregon State Board of Nursing or nurse practitioners that meet the federal requirements at 42 CFR 440.166 and are licensed by the Oregon State Board of Nursing to practice in Oregon as a Nurse Practitioner (See Oregon State Board of Nursing Nurse Practice Act, OAR chapter 851 divisions 4547 and Nurse Practitioners, OAR chapter 851 division 050:
(A) Licensed practical nurses (LPN) may participate in the implementation of the plan of care for providing care to clients under the supervision of a licensed registered nurse, nurse practitioner, or physician pursuant to the Oregon State Board of Nursing Nurse Practice Act, OAR divisions 045 and 047;
(B) Treatment may also be provided by a delegated health care aide that is a non-licensed person trained and supervised by a licensed registered nurse (RN) or nurse practitioner (NP) to perform selected tasks of nursing care pursuant to the Oregon State Board of Nursing administrative rules, division 047 of the Nurse Practice Act.
(f) Psychological/mental health evaluations, testing, psychological services and treatments shall be provided by individuals who meet the relevant requirements of their respective professional state licensure as follows:
(A) Psychiatrists must be licensed to practice medicine and surgery in the State of Oregon and possess a valid license from the Oregon Medical Board;
(B) Psychologists must have one of the following: A doctoral degree in psychology obtained from an approved doctoral program in psychology accredited by the American Psychological Association (APA), a doctoral degree in psychology from a program at a college or university that is regionally accredited at the doctoral level that meets the requirements approved by the state Board of Psychologist Examiners (Board) by rule (see OAR Chapter 858 Division 10), and have two years of supervised employment under the direction of a psychologist licensed in Oregon or under the direction of a person considered by the board to have equivalent supervisory competence;
(C) Psychologists associates granted independent status by the Board for authority to function without immediate and direct supervision in compliance with OAR 858-010-0039. Until the psychologist associate successfully obtains independent status, the "psychologist associate resident" must not practice without immediate supervision, but must at all times be under the periodic direct supervision of a licensed psychologist or under the direction of a person considered by the board to have equivalent supervisory competency who shall continue to be responsible for the practice of the associate, see OAR 858-010-0037-through 858-010-0039;
(D) Psychologists associates who do not possess a doctoral degree and are deemed competent to perform certain functions within the practice of psychology under the periodic direct supervision of a psychologist licensed by the Board:
(i) Complied with all the applicable provisions of ORS 675.010 to 675.150;
(ii) Received a master's degree in psychology from a psychology program approved by the Board by rule;
(iii) Completed an internship in an approved educational institution or one year of other training experience acceptable to the Board, such as supervised professional experience under the direction of a psychologist licensed in Oregon or under the direction of a person considered by the Board to have equivalent supervisory competence; and
(iv) Furnishes proof acceptable to the Board of at least 36 months, exclusive of internship, of full-time experience satisfactory to the board under the direct supervision of a licensed psychologist in Oregon or under the direct supervision of a person considered by the Board to have equivalent supervisory competence.
(E) Testing technicians under the supervision of a licensed psychologist. A licensee may delegate administration and scoring of tests to technicians as provided in ORS 675.010(4) and OAR 858-010-0002;
(F) Services provided by Clinical Social Work Associate (CSWA) or Licensed Clinical Social Workers (LCSW): Must possess a master's degree from an accredited college or university accredited by the Council on Social Work Education and have completed the equivalent of two years of full-time experience in the field of clinical social work in accordance with rules of the Oregon State Board of Social Workers for a LCSW or whose plan of practice and supervision has been approved by the board for a CSWA working toward LCSW licensure under the supervision of a LCSW for two years of postmasters clinical experience and is licensed by the Board of Licensed Social Workers to practice in Oregon. See Board of Licensed Social Workers, chapter 877, division 20, Rules Applicable to Certification and Licensing.

Notes

Or. Admin. R. 410-133-0120
HR 39-1991, f. & cert. ef. 9-16-91; HR 49-1991(Temp), f. & cert. ef. 10-24-91; HR 3-1992, f. & cert. ef. 1-2-92; HR 29-1993, f. & cert. ef. 10-1-93; HR 19-1994, f. & cert. ef. 4-1-94; HR 21-1995, f. & cert. ef. 12-1-95; OMAP 38-1999, f. & cert. ef. 10-1-99; OMAP 31-2003, f. & cert ef. 4-1-03; OMAP 53-2003, f. 8-13-03 cert. ef. 9-1-03; OMAP 24-2005(Temp), f. & cert. ef. 4-5-05 thru 10-1-05; OMAP 53-2005, f. 9-30-05, cert. ef. 10-1-05; DMAP 19-2009, f. 6-12-09, cert. ef. 7-1-09; DMAP 15-2011, f. 6-29-11, cert. ef. 7-1-11; DMAP 33-2016, f. 6-29-16, cert. ef. 7-1-16

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042, 414.065

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