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 chapter 333, division 590 - Demonstration of Need for Acute Inpatient Beds and Facilities

The Oregon Health Authority (OHA) is temporarily amending OAR 333-590-0010 through 0060 relating to the analysis of information an applicant must provide to OHA to demonstrate the need for a hospital. These amendments are necessary to be able to adequately evaluate a Certificate of Need application using relevant data, methods, and timelines. There are currently outdated data references in the rules that direct an applicant to review data outside the window of time relevant to current applicants. Additionally, there are assumptions built into the current rules that direct an applicant to assume a declining use rate for hospitals, and prescribes methodology built on this now inaccurate trend for Oregon’s hospital use rates. Current rules reference studies that are no longer published or relevant to the grant of a Certificate of Need. The Certificate of Need program has received a letter of intent to apply for a Certificate of Need, and prior to the submission of the application, the updated rules need to be in place so current, relevant data, timelines, and methodology can be analyzed and used for purposes of reviewing the application.

This temporary rule is effective May 17, 2023 through November 12, 2023.

Temporary Administrative Order including the Statement of Need and Justification and the full text of the temporary rule (pdf)

OAR 333-076-0137 & OAR 333-520-0050 - Education Requirements for a Surgical Technologist

The Oregon Health Authority (Authority), Public Health Division, Health Care Regulation and Quality Improvement section is proposing to permanently amend Oregon Administrative Rules in chapter 333, divisions 76 and 520 relating to education requirements for an individual to practice surgical technology in an ambulatory surgery center or hospital. These amendments are in response to passage of HB 3596 (OL 2023, ch. 447) which allows an apprentice to complete a registered apprenticeship program and removes requirement that the apprentice also complete an accredited surgical technology training program through a community college that grants an associate degree upon completion.

Persons are invited to review and comment on the proposed rules. Written comments may be filed before 5:00 p.m. Pacific Time on September 25, 2023 by submitting them 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

E-mail comments to: PublicHealth.Rules@odhsoha.oregon.gov or 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, Fiscal and Racial Equity Impact and the full text of the proposed rules:

OAR 333-076/333-520 Notice of Proposed Rulemaking

Please contact Mellony Bernal at mellony.c.bernal@oha.oregon.gov. for questions or to request a hard copy.

OAR 333-536 - Requirements for Qualified Entities and Persons to Train Caregivers, Service Plans and Physician Orders

In response to recent legislation, community input and feedback received from the Oregon Health Care Association, the Oregon Health Authority (Authority) is amending administrative rules relating to who can provide training to caregivers, clarify service plan review requirements, and allow a registered nurse to implement orders from a physician who is licensed out-of-state.

In-home care (IHC) agencies are currently required to provide caregiver training from qualified individuals or qualified entities. Qualified entities are entities that provide on-line training and qualified individuals include persons licensed as a physician, nurse practitioner, naturopathic physician, registered nurse, licensed practical nurse, physician assistant or pharmacist. The proposed changes include allowing persons with two or more years of experience working with an IHC agency or a long-term care facility to provide caregiver training and may be a caregiver, if the caregiver is up-to-date on all training requirements. This will allow licensed IHC agencies to delegate individuals within their agency, and who meet the qualifications, to be qualified trainers and thus allow agencies to train their staff in-house. This amendment addresses concerns that licensed IHC agencies are facing barriers when getting their caregivers trained by a qualified individual or qualified entity.

Additional changes include:

Defining the term medication and clarifying medication administration and medication assistance;
Updating the license classification table;
Clarifying documentation requirements necessary for client service plan reviews; and
Allowing a registered nurse to implement a physician's order who is licensed out-of-state for a limited time, in response to passage of SB 226 (2023 Oregon Laws, chapter 275).

Please see the Notice of Proposed Rulemaking for further details.

Persons are being invited to review these proposed rules and to comment on them. If someone wishes to present oral testimony, a public hearing will be held via video/teleconference on September 20, 2023, at 2:00 p.m. To provide oral testimony during the hearing, please contact publichealth.rules@odhsoha.oregon.gov to sign-up and receive the link for the Microsoft Team video conference. Alternatively, persons may dial 971-277-2343, Phone Conference ID 128 785 530# for audio only.

Written comments may be filed before 5:00 p.m. on September 25, 2023, 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

E-mail comments to: publichealth.rules@odhsoha.oregon.gov or 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:

OAR 333-536 Notice of Proposed Rulemaking

Contact Mellony Bernal at mellony.c.bernal@oha.oregon.gov for questions or to request a hardcopy.

Accessibility Statement: For individuals with disabilities or individuals who speak a language other than English, OHA can provide information in alternate formats such as translations, large print, or braille. Contact the Public Health Division at 971-673-1222, 711 TTY or publichealth.rules@odhsoha.oregon.gov.

Birthing Center Rule Advisory Committee

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

5.30.2019	Agenda - Minutes	7.17.2019	Agenda - Minutes
9.4.2019	Agenda - Minutes	10.16.2019	Agenda - Minutes
11.22.2019	Agenda - Minutes	1.24.2020	Agenda - Minutes
3.2.2020	Agenda - Minutes	8.3.2020	Agenda - Minutes
7.21.2021	Agenda - Minutes	8.24.2021	Agenda - Minutes
9.13.2021	Agenda - Minutes	10.18.2021	Agenda - Minutes
11.29.2021	Agenda - Minutes	1.10.2022	Agenda - Minutes
2.15.2022	Agenda - Minutes	3.8.2022	Agenda - Minutes
10.4.2022	Agenda - Minutes	TBD

Crisis Standards of Care (CSC) RAC

This RAC reviewed proposed changes to the temporary rule to require hospitals to report information whenever crisis standards of care are implemented. The RAC process is complete and permanent rules adopted. OAR 333-505-0036

10.24.2022 - Agenda - Minutes

HB 4106 Surgical Technologist Education Requirements RAC

This RAC reviewed changes to the education requirements for a surgical technologist due to passage of HB 4106 (2021). The RAC process is complete and permanent rules adopted. OAR 333-076-0137 and OAR 333-520-0050

08.30.2022 - Agenda - Minutes

05.25.2022 - Agenda - Minutes

Hemodialysis Technician Certification Requirements

This RAC reviewied changes to the certification requirements for a hemodialysis technician to work in an outpatient dialysis facility. The RAC process is complete and permanent rules adopted. OAR chapter 333, division 275

09.29.2022 - Agenda - Minutes

Hospice Program Licensure Requirements RAC

This RAC reviewed changes to the licensing requirements for a hospice program in Oregon. The RAC process is complete and permanent rules adopted. OAR chapter 333, division 035

10.28.2022 - Agenda - Minutes

09.28.2022 - Agenda - Minutes

Hospital Housekeeping and Statutory Alignment RAC

This RAC is being convened to consider hospital regulatory requirements given passage of several legislative measures and other requests. Rules are being amended to address; 1) in person inspections, 2) physician assistants, 3) dispersal of opioid reversal medication, 4) dispersal of HIV post exposure prophylactics, 5) equity impact analysis for seeking a waiver; 6) adding providers who may conduct caring contacts; and 7) addition of policy requirements. RAC recruitment is currently closed.

10.11.2023 at 10AM - Agenda (pending)

In-Home Care Agency QI/QE RAC

This RAC is reviewing changes to the requirements for a qualified individual or qualified entity to provide training to caregivers employed by an In-home Care Agency (IHCA), as well as clarifying requirements for medication services and orders issued by a physician licensed outside the state of Oregon. The RAC process is complete and proposed rules out for comment.

08.01.2023 - 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@oha.oregon.gov. Applications will be saved and applicants contacted when future RACs are convened.

RAC Interest Application Form (pdf)

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)

Rulemaking Activity