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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.

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

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

Notice of Temporary Rule Filing - OAR 333-505-0035 - "Hospital Requirements when Making Triage Decisions for Care during Resource Constrained Periods"

The Oregon Health Authority (Authority) is continuing to respond to the COVID-19 pandemic and the highly transmissible Omicron variant that is surging through this state at record levels. During the week of December 27, 2021 through January 2, 2022, the Authority recorded 16,791 new cases of COVID-19, a 140% increase over the previous week and hospitalizations have increased by 57%. Hospitals are having to address the surging rates of hospitalization and consider making triage decisions regarding allocation of scarce critical care resources such as limited intensive care beds, ventilators and other life-saving resources. The Authority has adopted this rule to ensure that the Authority is provided notice when a hospital is making triage decisions, that the public understands when triage decisions are being made at a hospital and have access to the triage tool that a hospital is using, that triage decisions are communicated to patients, their caregivers and family members, and that the decisions are being documented and can be reviewed.

This rule will be in effect January 17, 2022 through July 15, 2022. 

For more details about this rule, please see the following temporary administrative order including the statement of need and justification and rule text.

Questions about this rulemaking may be sent to

Proposed Rulemaking Notices

There are no proposed rulemaking notices under consideration at this time.