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Rulemaking Activity

Rulemaking Activity

Information relating to rulemaking actions by the Health Care Regulation and Quality Improvement section can be accessed below and includes information on how a person or community affected by our regulatory functions may apply to serve on a Rule Advisory Committee (RAC). RACs are an important process that allow members of the public and communities to provide input and suggestions during the development of new rules or amending current rules.

OAR chapter 333, division 501, 503, and 510 - Hospital Staffing Procedures and Requirements to Comply with HB 2697 (2023)

The Oregon Health Authority (OHA), Public Health Division is temporarily amending OAR 333-510-0002 and 333-510-0045, temporarily adopting OAR 333-503-0002, 333-503-0005, 333-503-0010, 333-503-0020, 333-503-0040, 333-503-0050, 333-503-0060 and temporarily suspending OAR 333-501-0035, 333-501-0040, 333-501-0045, 333-510-0105, 333-510-0105, 333-510-0110, 333-510-0115, 333-510-0120, 333-510-0125, 333-510-0130, 333-510-0135, 333-510-0140 in alignment with House Bill 2697 (2023), Hospital Staffing.

House Bill 2697 (Oregon Laws 2023, Chapter 507), which went into effect on September 1, 2023, requires OHA to adopt administrative rules to implement the process for receiving complaints under ORS 441.171 and Section 12 of HB 2697 related to filing complaints about missed meal and rest breaks. In addition, certain existing rules are no longer necessary or supported by law given the legislative changes, resulting in the need to suspend multiple rules. To comply with the January 1, 2024, deadline to adopt rules, OHA is adopting, amending and suspending through temporary rules effective January 1, 2024. OHA will effectively engage a diverse group of partners to provide input on permanent rulemaking in early 2024.

These temporary rules are effective January 1, 2024 through June 28, 2024.

Please see the following links for more information, including the full rule text of the temporary rules and the Need and Justification for this rulemaking and fact sheet.
If you have any questions or would like prefer to receive a paper copy of the above referenced documents, please contact mailbox.nursestaffing@odhsoha.oregon.gov.

Document accessibility: For individuals with disabilities or individuals who speak a language other than English, OHA can provide information in alternate formats such as translations, large print, or braille. Contact our office at 1-971-673-0540 or mailbox.nursestaffing@odhsoha.oregon.gov





Notice of Rulemaking: Hospital staffing procedures and requirements to comply with HB 2697 (2023)​

The Oregon Health Authority (OHA), Public Health Division is proposing to permanently adopt, amend and repeal Oregon Administrative Rules relating to hospital staffing procedures and requirements to comply with ORS 441.760 to 441.795. A summary of the proposed rule changes can be found in the Notice of Proposed Rulemaking, the link to which is accessible below. 

House Bill 2697 (2023) (ORS 441.760-441.795), requires the Oregon Health Authority (OHA) to adopt administrative rules for processing complaints from hospital staff members related to hospital staffing under ORS 441.790 and ORS 441.791. OHA issued temporary rules addressing complaint processing to comply with the January 1, 2024 operative date (Temporary Administrative Order PH 59-2023) and is now proposing permanent rules to comply with statutory requirements and provide additional clarification where permitted under the law. In addition to adopting rules, certain existing rules are no longer necessary or supported by the law given legislative changes. OHA is proposing adopting new rules and amending some current rules to align with statutory changes made by HB 2697 and proposing to repeal others which are no longer supported by law.

Interested persons are invited to review the proposed rules and provide comment on them.

OHA will receive written public comment on the proposed rules until April 22, 2024 at 5:00pm PDT. Those interested in submitting written public comment may do so by sending comments to the Public Health Division Rules Coordinator at the following e-mail address: publichealth.rules@odhsoha.oregon.gov.

Written comments may also be mailed to the following address and must be postmarked by 5:00pm PDT on April 22, 2024:
 
OHA, Public Health Division
Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232 

Comments may also be sent via fax to 971-673-1299.

OHA will hold a public hearing to take oral comments on the proposed rules on April 16, 2024 at 10:00am PDT via video/phone conference using Microsoft Teams.  To provide oral testimony during this hearing, please contact  publichealth.rules@odhsoha.oregon.gov to sign-up and receive the link for the Microsoft Teams video conference via calendar appointment. Alternatively, you may dial 971-277-2343, phone conference ID 725 941 843# for audio only. You may also join by video conference by clicking on the “Meeting URL” link in the Notice of Proposed Rulemaking under “Remote Meeting Details.”

Final rules will be filed after consideration of all comments. 

For more details, please see the Notice of Proposed Rulemaking, including the full text of the proposed rules and the statements of need, and fiscal and racial equity impact: 
Persons who have questions or would like a paper copy of the above referenced documents may contact mailbox.nursestaffing@odhsoha.oregon.gov


Document accessibility: For individuals with disabilities or individuals who speak a language other than English, OHA can provide information in alternate formats such as translations, large print, or braille. Contact our office at 1-971-673-0540 or mailbox.nursestaffing@odhsoha.oregon.gov​

Birthing Center Rule Advisory Committee 

This RAC is reviewing proposed amendments to the licensing requirements for a birthing center.
RAC member recruitment is closed.

​5.30.2019
​Agenda - Minutes
​7.17.2019​​
​​Agenda - Minutes
​9.4.2019
Agenda - Minutes
​10.16.2019
​​Agenda - Minutes
​11.22.2019
​Agenda - Minutes
​1.24.2020
​​Agenda - Minutes
3.2.2020
Agenda - Minutes
​8.3.2020
​​Agenda - Minutes
​7.21.2021
​Agenda - Minutes
​8.24.2021
Agenda - Minutes
9.13.2021
Agenda - Minutes
​10.18.2021
AgendaMinutes
​11.29.2021
Agenda Minutes
​1.10.2022
Agenda - Minutes
​2.15.2022
​​Agenda - Minutes
​3.8.2022
Agenda - Minutes
​10.4.2022
Agenda - Minutes
6.4.2024​ - 9:00 a.m.
​​Agenda (pending)


​​HB 2697 Hospital Staffing RAC

​In 2023 the Oregon Legislature passed House Bill 2697 which made significant changes to Oregon’s hospital staffing laws. The law requires OHA to issue rules related to the process for receiving and processing complaints under the new law. OHA is convening this RAC to provide input to the agen​cy on Hospital Staffing administrative rules beginning with temporary rules. More information about the new hospital staffing law is at www.healthoregon.org/nursestaffing. OHA will engage in permanent rulemaking in early 2024 at which time additional RAC meetings will be convened. More information about that process will be posted here in early 2024.

11.29.2023 - Agenda - Minutes - Presentation​ (pdf)
03.12.2024 - Agenda - Minutes (pending)
03.18.2024 at 1:00 p.m. - Agenda​ - Minutes 

Hospital Housekeeping and Statutory Alignment RAC

This RAC is being convened to consider hospital regulatory requirements given passage of several legislative measures and other requests. Rules are being amended to address; 1) in person inspections, 2) physician assistants, 3) dispersal of opioid reversal medication, 4) dispersal of HIV post exposure prophylactics, 5) equity impact analysis for seeking a waiver; 6) adding providers who may conduct caring contacts; and 7) addition of policy requirements.  The RAC process is complete and permanent rules adopted​.​  

10.11.2023 - Agenda​ - Minutes

In-Home Care Agency QI/QE RAC

This RAC is reviewing changes to the requirements for a qualified individual or  qualified entity to provide training to caregivers employed by an In-home Care Agency (IHCA), as well as clarifying requirements for medication services and orders issued by a physician licensed outside the state of Oregon.  ​The RAC process is complete and permanent rules adopted.

08.01.2023 - Agenda​ - Minutes 

​​​​Health Care Regulation and Quality Improvement Rule Advisory Committee Community Participation ​


The Health Care Regulation and Quality Improvement (HCRQI) section is seeking persons and communities who would be affected by administrative rules relating to any of HCRQIs regulatory functions and who would be interested in serving on a rule advisory committee (RAC).

RACs are an important process that allow members of the public and communities to provide input and suggestions during the development of new administrative rules, amending or repealing existing rules, and identifying the potential fiscal impact on small business as well as the effect on racial equity in Oregon. Diverse opinions and viewpoints are an importand part of the rulemaking process.

The following is a list of administrative rules pertaining to the regulatory and licensing functions of programs within HCRQI. Persons interested in serving on future RACs relating to any of these topics are encouraged to complete the RAC Interest Application form and send to mellony.c.bernal@oha.oregon.gov​. Applications will be saved and applicants contacted when future RACs are convened.
Regulatory programs:
  • Ambulatory surgery centers (OAR 333-076)
  • Caregiver registries (OAR 333-540)
  • Certificate of need (OAR 333-545 through 333-670)
  • Extended stay centers (OAR 333-076)
  • Freestanding birthing centers (OAR 333-076)
  • Health care practitioner referral (OAR 333-072)
  • Hemodialysis technician certification (OAR 333-275)
  • Home health agencies (OAR 333-027)
  • Hospice programs (OAR 333-035)
  • Hospitals (OAR 333-500 through 333-535)
  • In-home care agencies (OAR 333-536)
  • Non-transplant anatomical research recovery organizations (OAR 333-081)
  • Outpatient renal dialysis facilities (OAR 333-700)
  • Physician orders for life sustaining treatments (OAR 333-270)
  • Project plans and construction review for health care facilities, residential care, and assisted living facilities (OAR 333-675)
  • Special inpatient care facilities (OAR 333-071)
  • Tissue bank registries (OAR 333-080)