Notice of Proposed Permanent Rulemaking – OAR chapter 333, divisions 76 and 77, “Freestanding Birthing Center Licensure Requirements”
PLEASE NOTE - The written comment period for this rulemaking has been extended to 5:00PM Pacific Time on March 17, 2025. Details on how to submit written comments are provided below.
The Oregon Health Authority (OHA), Public Health Division, Health Care Regulation and Quality Improvement program is proposing to permanently adopt administrative rules in chapter 333, division 077 and repeal administrative rules, and amend and renumber administrative rules in chapter 333, division 076 relating to the licensing requirements for freestanding birthing centers.
In accordance with ORS chapter 441, the OHA is responsible to ensure a safe and healthy environment is provided by over 800 health-related facilities and agencies. The OHA is required to license and conduct on-site inspections of these facilities which include freestanding birthing centers. The freestanding birthing center rules were last revised in 2006 and the OHA is amending the rules to align with modern clinical practice. The rules have been renumbered and assigned their own division number for clarity.
The following changes have been made:
- Added and amended definitions;
- Updated licensing processes to align language with other licensed health care facilities for better clarity including clarifying the review and approval process for a license application; identifying governing body responsibilities; personnel requirements; allowing for waivers; clarifying the complaint, investigation, survey, and enforcement process.
- Updated required policies and procedures.
- Added new emergency preparedness requirements based on consideration of new federal regulations for other health care facility types.
- Revised construction standards.
- Identified requirements for admission, discharge, client care, and client services.
- Amended risk status assessment requirements and added consultation requirements for certain risk factors. Risk factor tables were amended based on separate, although similar, standards adopted by the OHA, Health Licensing Office (Board of Direct Entry Midwifery) as well as the Health Evidence Review Commission.
- Non-substantive edits were made to ensure consistent terminology throughout HCRQI rules and policies, made general updates consistent with OHA practices, updated statutory and rule references, corrected formatting and punctuation, and made changes to improve the accuracy, structure and clarity of the rules.
For more details, please see the Notice of Proposed Rulemaking, including the Statements of Need and Fiscal and Racial Equity Impacts, and the full text of the proposed rules. PLEASE NOTE: In the Notice of Proposed Rulemaking, text under the 'Statement Identifying how Adoption of Rules(s) will Affect Racial Equity in this State' has been cutoff. The complete statement is posted in the link below called 'Statement of Need and Fiscal and Racial Equity Impact.'
You are invited to review and comment on the proposed rules. Written comments may be submitted before 5:00 P.M. Pacific Time on March 17, 2025.
OHA - Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon St. Suite 930
Portland, OR 97232
*Comments sent by regular mail must be postmarked by 5:00 P.M. Pacific Time on March 17, 2025.
- Send comments by fax to: 971-673-1299
Final rules will be filed after consideration of all comments.
Accessibility Statement: For individuals with disabilities or individuals who speak a language other than English, OHA can provide free help. Some examples are sign language and spoken language interpreters, real-time captioning, braille, large print, audio, and written materials in other languages. If you need help with these services, please contact the Public Health Administrative Rules Coordinator at 971-673-1222, 711 TTY or
publichealth.rules@odhsoha.oregon.gov at least 48 hours before the meeting. All relay calls are accepted. To best ensure our ability to provide a modification please contact us if you are considering attending the meeting and require a modification. The earlier you make a request the more likely we can meet the need.