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
Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042, 414.065
The following state regulations pages link to this page.
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.