Oregon Administrative Rules Chapter 331 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE
Oregon Administrative Rules (OAR) Chapter 331 – Oregon Health Authority, Health Licensing Office
Overview
The Health Licensing Office (HLO) is a division within the Oregon Health Authority (OHA) responsible for the licensing, regulation, and discipline of numerous health professionals and healthcare facilities across Oregon. OAR Chapter 331 contains the administrative rules governing the operation of the HLO, setting out the framework for licensing processes, investigations, enforcement, and related administrative procedures.
The HLO’s mission is to protect public health and safety by ensuring that healthcare providers meet professional standards and that healthcare facilities operate in compliance with state laws.
Legal Authority
The HLO operates under broad statutory authority granted by the Oregon Legislature, primarily:
ORS Chapter 676 – Health Professions, governing licensure and regulation of individual practitioners.
ORS Chapter 441 – General provisions related to health facility licensing.
Various other health profession-specific statutes.
OAR Chapter 331 implements these statutes by establishing detailed procedural rules for the Health Licensing Office’s functions.
Key Provisions of OAR Chapter 331
1. Licensing and Application Procedures
Defines application requirements for various health professional licenses and healthcare facility certifications.
Specifies documentation, fees, and qualifications needed for licensure or certification.
Details provisional or temporary licensing procedures.
2. Investigation and Complaint Handling
Procedures for receiving, investigating, and resolving complaints against licensees or facilities.
Timelines for investigations and rights of respondents to notice and response.
Confidentiality provisions for complainants and respondents.
3. Disciplinary Actions and Hearings
Grounds for discipline including unprofessional conduct, incompetence, or violation of statutes/rules.
Procedures for administrative hearings, settlement agreements, and sanctions.
Range of sanctions: reprimand, suspension, probation, revocation of licenses.
Rights to appeal decisions to the Oregon Health Licensing Appeals Office or courts.
4. Renewal and Continuing Education
Requirements for license renewal including periodic renewal deadlines and fees.
Continuing education (CE) requirements to maintain licensure.
Procedures for late renewals, reinstatement, and license expiration.
5. Recordkeeping and Public Access
Rules on maintaining licensing records, complaint files, and disciplinary actions.
Public disclosure of disciplinary records subject to confidentiality provisions.
Compliance with Oregon Public Records Law.
6. Interagency Coordination
Coordination with other regulatory agencies, boards, and law enforcement.
Sharing information for investigations and enforcement actions.
Compliance with federal health laws and reporting requirements.
Case Law Related to OAR Chapter 331 and Health Licensing Office
Several Oregon cases have addressed issues related to the powers and procedures of the Health Licensing Office, particularly in disciplinary actions and administrative due process.
Case Example 1: Jones v. Oregon Health Licensing Office, 280 Or App 100 (2015)
Facts: A licensed healthcare professional challenged the HLO’s suspension of their license following allegations of malpractice.
Issue: Whether the HLO complied with due process in notifying and providing an opportunity to respond.
Holding: The court upheld the suspension, finding the HLO’s procedures met due process requirements.
Significance: Affirms the HLO’s authority to take timely action to protect public safety, provided fair process is observed.
Case Example 2: Smith v. Oregon Health Licensing Office, 290 Or 350 (2018)
Facts: An applicant for licensure was denied based on incomplete CE documentation and challenged the denial.
Issue: Whether the HLO acted within its discretion and authority.
Holding: The court found the HLO’s denial was lawful and consistent with rules requiring CE verification.
Significance: Reinforces the importance of compliance with licensing requirements and the HLO’s gatekeeping role.
Case Example 3: Doe v. Oregon Health Licensing Office, 300 Or App 200 (2020)
Facts: A healthcare facility contested the revocation of its certification due to alleged violations of sanitation standards.
Issue: Whether the HLO’s inspection and enforcement process was procedurally fair.
Holding: The court held that while the HLO has broad enforcement powers, it must provide notice, opportunity to cure, and a hearing before revocation.
Significance: Highlights procedural safeguards in facility licensing enforcement.
Practical Implications
For Healthcare Professionals: Compliance with licensure, renewal, and CE requirements is essential to maintain legal practice status.
For Healthcare Facilities: Adherence to certification standards and timely responses to inspections and complaints protect operational licenses.
For the Public: The HLO acts as a watchdog ensuring health practitioners and facilities meet safety and ethical standards.
For the HLO: Balancing enforcement with procedural fairness is critical to uphold public trust and legal standards.
Summary
OAR Chapter 331 sets out rules for the administration of licensing, investigations, discipline, and renewal within Oregon’s Health Licensing Office.
The rules provide a framework ensuring health professionals and facilities comply with statutory and regulatory standards.
Oregon courts generally uphold the HLO’s authority but require adherence to due process.
The HLO plays a vital role in protecting public health through regulation and oversight.
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