OAR 333-265-0080: Reporting Obligations

(1) In accordance with ORS 676.150 and using a written or electronic form prescribed by the Oregon Health Authority (Authority), an EMS provider must notify the Authority within 10 calendar days of any action or event listed in sections (2) or (3) of this rule. Failure to comply with the reporting requirements of this rule may result in disciplinary action against the EMS provider. (2) An EMS provider who has reasonable cause to believe another EMS provider has engaged in prohibited, dishonorable or unprofessional conduct as defined in ORS 676.150, 682.025, 682.220, and OAR 333-265-0083 shall report that conduct to the Authority after the EMS provider learns of the conduct unless state or federal laws relating to confidentiality or the protection of health information prohibit such a disclosure. (3) An EMS provider shall report to the Authority the following: (a) Conviction of a misdemeanor or felony; (b) A felony arrest; (c) A disciplinary restriction placed on a scope of practice of the license holder by the EMS medical director; (d) A legal action being filed against the license holder alleging medical malpractice or misconduct; (e) A physical disability that affects the ability of the license holder to meet the applicable Functional Job Analysis of the National Standard Curriculum and the license holder continues to respond to calls and is providing patient care; (f) A change in mental health which may affect a license holder’s ability to perform as a licensed EMS provider; or (g) If a Transitional Paramedic, separation of employment from the sponsoring licensed ambulance service. (4) State or federal laws relating to confidentiality or the protection of health information that might prohibit an EMS provider from reporting prohibited or unprofessional conduct include but are not limited to: (a) Public Law 104-191, 45 CFR Parts 160, 162, and 164 (The Health Insurance Portability and Accountability Act, HIPAA); (b) 42 CFR Part 2 (federal law protecting drug and alcohol treatment information); (c) ORS 192.553 through 192.581 (state law protecting health information); and (d) ORS 179.505 (written accounts by health care providers). (5) After receiving a report described in sections (2) and (3), the Authority may conduct an investigation in accordance with OAR 333-265-0085.