Rules Proposed and Adopted

PUBLIC HEARING: Acupuncture Needles

The OMB held a public hearing on December 4, 2015, to receive public comment on a proposed rule requiring Oregon acupuncture providers to follow clean needle technique standards.  The proposed rule would allow only disposable, single-use acupuncture needles to be used in the practice of acupuncture.  

The​ Board has decided to not adopt the proposed rule.  For a full report on the comments received and the Board's response, please see the document provided below.​​


PROPOSED RULES​

  Written Comments due by February 22

MEDICAL AND OSTEOPATHIC PHYSICIANS (MD/DO)
Qualifications for Volunteer Emeritus Licensure

The proposed rule amendments clarify that applicants for a Volunteer Emeritus license must be able to demonstrate competency to qualify for licensure like any other Oregon Medical Board applicant.  Volunteer Emeritus applicants are required to demonstrate competency if they have not completed postgraduate training or been certified or recertified by an accepted specialty board within the past ten years or if the applicant has ceased the practice of medicine for 12 or more months.  If the applicant has ceased the practice of medicine for 24 or more months, the applicant is required to complete a re-entry plan approved by the Board


PODIATRIC PHYSICIANS (DPM)
American Board of Foot and Ankle Surgery (ABFAS) and Council on Podiatric Medical Education
The proposed rule amendments update the name of the American Board of Podiatric Surgery (ABPS) to its current name, American Board of Foot and Ankle Surgery (ABFAS).  The rules also update the name of the American Podiatric Medical Association Council on Podiatry Education to the Council on Podiatric Medical Education.

​PERMANENT R​ULES
ALL LICENSEES
Delegation of Authority and Issuance of Final Order

The rule amendment provides an exemption to the Attorney General’s Model Rule 137-003-0655(7) because the Board has determined that, due to the nature of the cases, 90 days is an insufficient time in which to issue an amended proposed or final order.


Fees

The rule amendment removes the reference to the Physician Assistant Surcharge assessed for the 2014-2015 licensing period because it is no longer needed and corrects the citation to the statutory authority for assessing a criminal records check fee.  The rule amendment also makes a housekeeping correction to update "Doctor of Osteopathy" to "Doctor of Osteopathic Medicine."


Reactivations

The rule amendments streamline the reactivation process so that OMB staff will collect much of the documentation previously required of the applicant.  In addition, the amendments clarify which license statuses are required to reactivate and provides one comprehensive rule on the reactivation process.  Finally, the rule amendments remove references to paper forms and affidavits in anticipation of moving the reactivation application to an online process.  The amendments also contain minor grammar and housekeeping changes.


Reporting Requirements
The rule amendment revises the definition of “sexual misconduct” to include electronic forms of communication such as text message and e-mail under the “sexual impropriety" heading and clarifies that sexual misconduct results from inappropriate behavior with a patient or a patient's immediate family.  The amendment also clarifies that the use of alcohol or other substances, including the legal use of recreational marijuana, must not be used while a licensee is working in any capacity or used while off duty if it may cause impairment while on duty. The rule amendment also removes section (8), which allows a civil penalty to be issued through an administrative process to licensees who fail to report as required by statute and this rule.

PHYSICIAN ASSISTANTS (PA)
Physician Assistant Committee
The rule amendment and rule repeals, which were temporarily adopted on 10/9/15 and effective on 1/1/16, permanently abolish the Physician Assistant Committee pursuant to Senate Bill 905 (2015), effective 1/1/16.
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