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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 333-505-0036 - Hospital Requirements During Staffing Emergency Impacting Sandard of Care

The Oregon Health Authority has adopted temporary OAR 333-505-0036 related to hospital requirements during staffing emergencies impacting standard of care. This temporary rule is effective July 29, 2022 thorugh January 24, 2023.

Hospitals in Oregon are experiencing acute staffing shortages that may require making triage decisions regarding prioritization of patient care. This temporary rule requires that when a hospital is experiencing a staffing emergency and as a result is making triage decisions for patient care, it must do the following:

  • Provide notice to the Oregon Health Authority of the staffing emergency, as that is defined in the temporary rule.
  • Inform the public by at a minimum posting information on its website and at the hospital in conspicuous locations that there is a staffing emergency and triage decisions are being made. Information must be posted in the five most commonly spoken languages in the county where the hospital is located.
  • Make available upon request, the crisis standard of care tool that the hospital is using to make triage decisions.
  • Communicate a triage decision to a patient, their support person, or the individual legally authorized to act on behalf of the patient, in a language they understand and in a culturally responsive manner to the extent possible, including how the triage decision was made.
  • Document demographic and other specific information for each patient subject to a triage decision.
  • Provide the documentation of triage decision to the Oregon Health Authority upon request.
This temporary rule ensures that a hospital provides notice to the Authority and ensures continued transparency when difficult triage decisions are being made, and there is accountability for the decisions.

For more details, please see the Temporary Administrative Order including the Statement of Need and Justification and the full text of the temporary rule.

Notices of Proposed Rulemaking


​OAR 333-505-0036 - Hospital Requirements during Emergency Impacting Standards of Care

​As the state continues to experience acute staffing shortages and respond to various emergencies impacting standard of care, the Oregon Health Authority (Authority) is proposing to amend and make permanent the temporary rule requiring hospitals to report information to the Authority and provide information to the public and to patients when implementing crisis standards of care that result in a triage decision being made for patient care. The rule has been amended to make the protections applicable to all emergency situations when crisis standards of care are implemented by a hospital. This proposed permanent rule replaces temporary amendments effective July 29, 2022 through January 24, 2023 (Temporary Administrative Order PH 166-2022).

The public is being invited to review these proposed rules and to comment on them.  A public hearing will be held via video/teleconference on December 21, 2022, at 10:00 a.m. 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. Alternatively, persons may dial (971) 277-2343, Phone conference ID 430 014 998# for audio only.

Persons may also file written comments before 5:00 p.m. on December 21, 2022, to the Public Health Division Rules Coordinator at the following address: 

OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232

Comments may be Emailed to: publichealth.rules@odhsoha.oregon.gov or may also be sent by fax to: (971) 673-1299.

Final rules will be filed after consideration of all comments. 

For more details, please see the Notice of Proposed Rulemaking, including the Statement of Need and Fiscal and Racial Equity Impact, and the full text of these proposed rules at the link below. 
Please contact Mellony Bernal at mellony.c.bernal@dhsoha.state.or.us for questions, need a hard copy, or need the material in alternate format.

​OAR chapter 333, division 035 - Hospice Program Licensure Requirements

The Oregon Health Authority (Authority) is proposing to permanently adopt, amend, and repeal Oregon Administrative Rules in chapter 333, division 035 relating to the licensing requirements for Hospice programs in Oregon. These administrative rules have not been amended since their initial adoption in 2010 and are being revised to align with other licensed facility and agency types regulated by the Health Care Regulation and Quality Improvement Program and changes to Oregon and federal regulations. The proposed amendments seek to: 
  • Update language and terms to reflect current processes, terminology, technology and statutory references;
  • Streamline the organization of the rules;
  • Provide clarity on the requirement that a Hospice program must comply with federal regulations prescribed by the Centers for Medicare and Medicaid Services;
  • Provide clarity on the actions taken by the Authority in reviewing a license application, issuing a license, or denying, suspending, or revoking a license;
  • Clarify the geographic service area in which a Hospice  may operate;
  • Add requirement for health care interpreter services, clinical records, infection control, and quality assessment and performance improvement; and
  • Add provision for requesting a waiver from rule, including, but not limited to, if a parent Hospice program proposes to provide hospice services to an underserved area or population in Oregon. Defines the term underserved area or population. 
The public is being invited to review these proposed rules and to comment on them. A public hearing will be held via video/teleconference on December 20, 2022, at 10:00 a.m. 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. Alternatively, persons may dial 971-277-2343, Phone conference ID 223 229 490# for audio only.

Persons may also file written comments before 5:00 p.m. on December 21, 2022, to the Public Health Division Rules Coordinator at the following address: 

OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232

Email comments to: publichealth.rules@odhsoha.oregon.gov or you may also send comments by fax to: (971) 673-1299.

Final rules will be filed after consideration of all comments. 

For more details, please see the Notice of Proposed Rulemaking, including the Statement of Need and Fiscal and Racial Equity Impact, and the full text of these proposed rules at the link below:
If you have any questions or would prefer a hard copy be sent, please contact Mellony Bernal at mellony.c.bernal@dhsoha.state.or.us​.


OAR 333-076-0137 and OAR 333-520-0050 - Education Requirements for a Surgical Technologist in an Ambulatory Surgery Center (ASC) or Hospital

In response to passage of HB 4106 (2022 Oregon Laws, Chapter 65), the Oregon Health Authority (Authority) is proposing to permanently amend OAR 333-076-0137 and OAR 333-520-0050 relating to the education requirements for a surgical technologist to practice surgical technology in an ambulatory surgery center (ASC) or hospital.  These rules have been amended to add an apprenticeship pathway for persons to obtain education, training, and certification to practice surgical technology. 

Please see the Notice of Proposed Rulemaking for further details.

Persons are being invited to review these proposed rules and to comment on them.  A public hearing will be held via video/teleconference on December 15, 2022, at 2:00 p.m. 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. Alternatively, persons may dial 971-277-2343, Phone conference ID 946 745 451# for audio only.

Persons may also file written comments before 5:00 p.m. on December 21, 2022, to the Public Health Division Rules Coordinator at the following address: 

OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232

Email comments to: publichealth.rules@odhsoha.oregon.gov or you may also send comments by fax to: (971) 673-1299.

Final rules will be filed after consideration of all comments. 

For more details, please see the Notice of Proposed Rulemaking, including the Statement of Need and Fiscal and Racial Equity Impact, and the full text of these proposed rules at the following link: 

If you have any questions or would prefer a hardcopy, be sent, please contact Mellony Bernal at mellony.c.bernal@dhsoha.state.or.us.

Birthing Center Rule Advisory Committee 

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

​05.30.2019
Agenda​ (pdf)
Minutes (pdf)  
​07.17.2019
​Agenda 
Minutes
​09.04.2019
Agenda
​Minutes
​10.16.2019
Agenda
​Minutes
​11.22.2019
AgendaMinutes
​01.24.2020
Agenda​Minutes
​03.02.2020
Agenda
Minutes
​08.03.2020
​Agenda
​Minutes
​07.21.2021
​Agenda
​Minutes
​08.24.2021
Agenda
Minutes
​09.13.2021
​Agenda
​Minutes
​10.18.2021
​Agenda
Minutes
​11.29.2021
​Agenda
​Minutes
​01.10.2022
Agenda
​Minutes
​02.15.2022
Agenda
Minutes
​03.08.2022
Agenda
Minutes
​10.04.2022
​​Agenda
​(pending)

 

Crisis Standards of Care (CSC) RAC

This RAC is reviewing proposed changes to temporary OAR 333-505-0036​ to require hospitals to report information whenever crisis standards of care are implemented.  RAC recruitment is closed and the RAC process completed. ​​

10.24.2022 - Agenda​ - Minutes

HB 4106 Surgical Technologist Education Requirements RAC

This RAC is reviewing changes to the education requirements for a surgical technologist due to passage of HB 4106​ (2021). RAC member recruitment is closed and the RAC process completed.

08.30.2022 - Agenda - Minutes
05.25.2022 - Agenda - Minutes


Hemodialysis Technician Certification Requirements

This RAC is reviewing changes to the certification requirements for a hemodialysis technician to work in an outpatient dialysis facility. RAC member recruitment is closed and the RAC process completed.

09.29.2022 - Agenda - Minutes

Hospice Program Licensure Requirements RAC

This RAC is reviewing changes to the licensing requirements for a hospice program in Oregon. 
RAC member recruitment is closed and the RAC process completed. 

10.28.2022 - Agenda - Minutes
09.28.2022 - 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@dhsoha.state.or.us​. 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)