Rulemaking Activity

Status of Rulemaking

The Health Facility Licensing & Certification Program (HFLC) is responsible for regulating certain types of non-long term care health care facilities and agencies.

View a list of the types of health care facilities and agencies that HFLC regulates in acute care and community-based settings.

Regulated health care facilities may be subject to various Codes of Federal Regulations, Oregon Revised Statutes, and Oregon Administrative Rules.

Get links to current rules and regulations organized by facility type.

Changes to Rules

This page documents what, if any, changes the agency is considering to its current Oregon Administrative Rules. It includes any temporary rules that have been filed to address an immediate need, which can be in effect for up to 180 days. Additional information about specific rulemaking activities is provided below.

On this page:

Temporary Rules

OAR 333-501-0055, 333-505-0030, 0033 and 0055 - Patient Access to Support Persons while in the Hospital

Proposed Rulemaking Notices

OAR 333-501 and 505 - Policy Development and Implementation on Designation of Support Persons with Disabilities

Temporary Rules

Notice of Temporary Rulemaking: OAR 333-501-0055, 333-505-0030, 333-505-0033 and 333-505-0055 - Patient Access to Support Persons while in the Hospital

The Oregon Health Authority (Authority) is responding to passage of SB 1606 during the 2020 1^st Special Session. In response to the COVID-19 pandemic, many Oregon hospitals revised their visitor policies in order to help protect the health of patients, providers, and staff. The Authority is amending rules to require hospitals to develop a policy regarding patients with disabilities rights to designate support persons and allow a support person to be present with the patient while in the hospital. A hospital is required to post the policy at entry points to the hospital and on the hospital's website. Temporary adoption of these rules will ensure that persons with disabilities are informed of their rights to certain accommodations including receiving support with their care and communicating and managing healthcare decisions.

These rules are effective August 1, 2020 through January 24, 2021, or until superseded by permanent rulemaking.

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

Proposed Rulemaking Notices

The Oregon Health Authority, Public Health Division is extending the public comment period for the proposed rulemaking noted below. The public comment period will close at 5:00 p.m., January 4, 2021 in order to allow additional time for public input.

The Oregon Health Authority, Public Health Division is proposing to amend and make permanent the temporary rule changes in chapter 333, divisions 501 and 505 that were filed on July 29, 2020 and effective August 1, 2020 requiring hospitals to adopt and implement policies regarding the designation of support persons by patients who need assistance to effectively communicate, make health care decisions, understand health care information, or engage in activities of daily living due to a disability.

As a result of the COVID-19 pandemic, many Oregon hospitals revised their visitor policies in order to help protect the health of patients, providers, and staff. The visitor restrictions revealed the need to clarify the difference between visitors and support persons and as a result, SB 1606 was passed during the 2020 Special Session.

These proposed rules clarify the policy and patient notification requirements; specify that a hospital may not condition the provision of treatment on a patient having a POLST, an advance directive, a form appointing a health care representative, or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures; and require a hospital to conduct a clinical care conference for patients admitted to psychiatric units or for patient's whose request to allow a support person in an operating room, procedure room or other restricted area of the hospital is denied.

Persons are being invited to review these proposed rules and to comment on them.

Persons wishing to present oral testimony may do so at a public hearing being held by teleconference on December 17th at 2:00 p.m. Conference call number: 1-877-848-7030 - Access Code: 2030826

Persons may also submit written comments before 5:00 p.m. on January 4, 2021 to the Public Health Division's Rules Coordinator at the following address:

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

Written comments may also be sent by E-mail to: publichealth.rules@state.or.us or by fax to (971) 673-1299.

Final rules will be filed after consideration of all comments.

For more details, please see the following Notice of Proposed Rulemaking including the Statement of Need and Fiscal Impact.

OAR 333-501 and 505 - Notice of Proposed Rulemaking

Please contact Mellony Bernal at mellony.c.bernal@dhsoha.state.or.us for questions.