OAR 409-030-0150
Exceptions
(1)
In addition to the exceptions listed in OAR 409-030-0130 (Health Professional Disciplines)(2) and 409-030-0140 (Clinical Settings)(2), the standards in these rules do not apply to:(a)
Students who will not have direct patient contact as part of their clinical placement.(b)
Students 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 (Administrative Requirements for Clinical Placement) through 409-030-0240 (Insurance and Liability Coverage) 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.(5)
Clinical placement settings may temporarily institute a site-specific variation or change to a requirement listed in OAR 409-030-0170 (Administrative Requirements for Clinical Placement) through 409-030-0240 (Insurance and Liability Coverage) 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.
Source:
Rule 409-030-0150 — Exceptions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=409-030-0150.