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Rulemaking Activity

HCRQI Rulemaking Activity

Information relating to rulemaking actions by the Health Care Regulation and Quality Improvement section can be accessed below and includes information on current Rule Advisory Committees (RACs) in progress or recently completed, and 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. 

The following rules have been recently adopted or amended. Copies of the Hearing's Officer Reports are available on the webpage - Laws and Rules Governing the Public Health Division:

  • Demonstration of Need for Acute Inpatient Beds and Psychiatric Hospitals (Certificate of Need) - Amending requirements for the analysis of information an applicant must provide to demonstrate need for acute inpatient beds and psychiatric inpatient beds. 
  • Physical Environment - Rules were amended to address project review requirements for new construction or rennovations and the physical environment standards for health care facilities.


NOTICE OF TEMPORARY RULEMAKING - OAR chapter 333, division 610 – Temporary Rules for Demonstration of Need for Long-Term Care Services Retroactive to Adoption

On June 25, 2026, the Oregon Health Authority (OHA) filed temporary amendments to OAR chapter 333, division 610 pertaining to demonstration of need for long-term care services (Temporary Administrative Order PH 27-2026). OHA is filing a temporary rule to amend the current temporary rules, restoring the previously effective permanent rule language. This action is needed to avoid legal uncertainty and prevent prejudice to applicants and interested parties. On July 22, 2026, OHA received a “Petition to Request Repeal of Temporary Rules Amending OAR Chapter 333, Division 610” from the Oregon Health Care Association. The petition to repeal the temporary rules is likely to succeed, and maintaining previous temporary rules that are likely to be held invalid will seriously prejudice interested parties and applicants because any application or Letter of Intent (LOI) reviewed under the temporary rules may be improperly granted or denied certificates of need. 

OHA will promptly engage in a permanent rulemaking process where proposed new concepts and criteria to demonstrate need for long-term care services can be discussed and developed with community partners. Temporary rules will allow for permanent rulemaking and avoid the serious prejudice associated with rules that OHA finds will likely be held invalid. 

Restoring previous effective permanent rule language is required because certificate of need (CN) rules apply the rules in effect at the time a LOI is filed. Without restoring previous effective rules, applications or LOIs submitted during the temporary rule period would be evaluated under rules that OHA finds are likely to be held invalid based on the petition for repeal received on July 22, 2026. Restoring previous effective rules ensures consistency, protects applicants, and prevents the prejudice identified by the petitioning parties. 

These temporary rules are effective August 14, 2026 through December 21, 2026. 

For more details, please see the link to the Temporary Administrative Order, including the Statement of Need and Justification and the full text of the temporary rule below:
If you have any questions or would prefer a hardcopy be sent, please email Mellony Bernal at mellony.c.bernal@oha.oregon.gov. 

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​​There are no proposed rules out for comment at this time​.​​

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Active Rulemaking Advisory Committees 

​​Demonstration of Need for Long-Term Care Services Certificate of Need Rulemaking Advisory Committee​​ 

​This Rulemaking Advisory Committee (RAC) is being convened to discuss amendments to OAR chapter 333, division 610. Amendments are necessary in order to evaluate Certificate of Need applications using relevant data, methods, and timelines. The rules have outdated date references that direct an applicant to review data outside the window of time relevant to applicants. Persons interested in being considered to serve on this RAC must submit an application by August 14, 2026.​

​RAC meeting dates have been scheduled as follows via MS Teams. Meeting agendas, including meeting links, and meeting notes will be posted when available.
  • September 15, 2026: 9 a.m.-12 p.m.
  • September 24, 2026​: 9 a.m.-12 p.m.
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SB 1575 Hospice Licensure Rulemaking Advisory Committee

​This Rulemaking Advisory Committee (RAC) is being convened to review proposed new rules and proposed changes to existing rules in chapter 333, division 035 relating to licensing hospice programs. Proposed changes are in response to SB 1575 (2026 Oregon Laws, chapter 133) that amend the licensing requirements for hospice programs. Additionally, the OHA is proposing notification requirements if a hospice program decides to permanently discontinue operations. Persons interested in being considered to serve on this RAC must submit an application by August 7, 2026. 

  • ​SB 15​75 Hospice Licensure RAC Application​​​​ CLOSED

RAC meeting dates have been scheduled as follows via MS Teams. Meeting dates may change​ based on how quickly the RAC is able to review the material. Meeting agendas, including meeting links, and meeting notes will be posted when available. 
  • September 11, 2026, 1-3:30 pm
  • September 25, 2026, 9-11:30 am
  • October 5, 2026 - 9-11:30 am

Completed Rulemaking Advisory Committees

​Certificate of Need (CN) Rulemaking Advisory Committee 

​This Rulemaking Advisory Committee (RAC) was convened to review amendments to OAR chapter 333, divisions 590 and 615 rules, so that the CN Program could adequately evaluate a CN application using relevant data, methods, and timelines. The RAC reviewed  temporary rules filed in October 2025 and identified additional changes needed. RAC meetings concluded in February, 2026 and permanent rules were filed on April 17, 2026 (see the tab 'Recently Filed New and Amended Rules.)


S​B 537 - Workplace Violence Prevention Safety Requirements in Healthcare Settings

This RAC was convened to consider proposed administrative rules relating to sections 8 through 13 of SB 537.​ RAC meetings have concluded and permanent rules filed on January 29, 2026 (see the tab 'Recently Filed New and Amended Rules.)  


Birthing Center Rule Advisory Committee 

This RAC reviewed proposed amendments to the licensing requirements for a freestanding birthing center. RAC meetings were held between May 2019 and June 2024. A community meeting was held in November 2024. Permanent rules​ were filed on November 3, 2025.​ ​

​​​​Health Care Regulation and Quality Improvement Rulemaking 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 rulemaking 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 important 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. 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)
  • 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)
  • Organ procurement organizations, tissue banks, eye banks registries (OAR 333-080)