Or. Admin. Code § 851-055-0090

Current through Register Vol. 63, No. 10, October 1, 2024

Section 851-055-0090 - Special Provisions

(1) Medical records must be completed within one month (30 days) following each client encounter per Center for Medicaid and Medicare Services and prevailing standards of practice.

(2) Client Access to Medical Records:

(a) Medical records must be:

(A) Available upon request by the client or legal client representative and provided within 30 days;

(B) Kept for a period of at least seven years;

(C) Retained on paper, microfilm, electronic or other media; and

(D) Protected against unauthorized access, fire, water and theft.

(b) Custodian of records must be maintained in the event of an APRN's death. The identified custodian will be required to keep the medical records for a contiguous seven years.

(3) Opening, Closing or Transferring an APRN Practice:

(a) Any APRN active in practice, whether with direct or indirect client care, must report to the Board their current practice address or addresses. Each change in practice setting and mailing address must be submitted to the Board no later than 30 days after the change.

(b) Any APRN who closes their practice is required to notify clients by letter that the practice will end with the effective date. The letter must include:

(A) The location of records and process to request them;

(B) Advice to seek the services of another health care provider; and

(C) Notification to the client regarding how long the APRN will continue to refill prescriptions while the client obtains a new provider.

(c) If a practice changes ownership, all medical records must be the responsibility of the new owner to protect and maintain.

(4) Conduct Related to Licensees Relationship to the Board:

(a) APRNs must produce client medical records or other materials as requested by the Board.

(b) The Board must notify national board certification program when APRN have encumbrances placed on their license, prescriptive or dispensing privileges.

(5) Informed Consent and Informed Refusal of Medical Treatment:

(a) APRNs must provide sufficient information for the client to reach an informed decision. Prevailing standards of practice require either:

(A) The client's signed informed consent form; or

(B) Chart note reflecting the content of the informed consent discussion indicating refusal of the treatment or procedure.

(b) In an emergency, APRNs are authorized to supply necessary medical treatment without the client's prior informed consent.

Or. Admin. Code § 851-055-0090

BN 13-2021, adopt filed 06/24/2021, effective 7/1/2021; BN 6-2023, amend filed 09/26/2023, effective 10/1/2023

Statutory/Other Authority: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.372, ORS 678.375, ORS 678.380 & ORS 678.390

Statutes/Other Implemented: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.372, ORS 678.375, ORS 678.380 & ORS 678.390