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Rulemaking Activity

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 550 - Projects and Proposals Subject to Certificate of Need Review


The Oregon Health Authority (OHA) is temporarily amending OAR 333-550-0010 relating to projects and proposals subject to Certificate of Need (CN) review. The proposed amendment specifies that changes in health services that include the transfer of health services within the same service area (as defined in OAR 333-590-0040), within the same health system, after the closure of one hospital, and that do not result in a substantial increase in services, do not meet the statutory definition for a "new hospital", and therefore, are not subject to Certificate of Need review. This amendment will allow OHA to preserve services in a community where the closure of a hospital would otherwise result in reduced access to critical specialty care. 

This temporary rule is effective September 21, 2023 through March 18, 2024. 

Notice of Proposed Rulemaking - OAR 333-500, 501, 505, and 520​ "Statutory Updates and Requirements for Hospital Policies, Caring Contacts and Requests for Waivers"​

The Oregon Health Authority, Public Health Division, Health Care Regulation and Quality Improvement section is proposing to permanently amend and adopt Oregon Administrative Rules in chapter 333, divisions 500, 501, 505 and 520 in response to legislation considered and passed during the 2021 and 2023 legislative sessions and current events relating to hospitals seeking to cease offering maternity services. Additionally, amendments were made relating to the provision of caring contacts after a patient experiencing a behavioral health crisis is released from an emergency department, in response to the 2022 Legislative report on the Emergency Department Discharge Practices for Behavioral Health Crisis Care: A Statewide Survey of Hospitals

The amendments include: 
  • ​Updating statutory references;
  • Updating terminology to align with statute;
  • Requiring a hospital to consider the potential impact on diverse populations when requesting a waiver from an administrative rule requirement, and to propose steps on how to mitigate those impacts for populations that are disproportionately affected;
  • Adding policy requirements for: 
    • ​​Size and content of identification badges in accordance with ORS 441.096;
    • Provision of information when a patient is transferred from the emergency department to another hospital;
    • Providing opioid reversal medication when discharging patients who were treated by the hospital for an opioid use disorder; 
    • Dispersing a five-day supply of HIV post-exposure prophylaxis to a patient in the event of an occupational or nonoccupational exposure to HIV if the medication is not medically contraindicated; and
    • Updating the types of providers that may conduct caring contacts to patients being released from the emergency department who sought treatment in the emergency department for a behavioral health crisis. 
​Please see the Notice of Proposed Rulemaking for further details.

Interested persons are invited to review these proposed rules and to comment on them. Individuals who wish to present oral testimony, a public hearing will be held via video/teleconference on December 18, 2023, at 2:30 p.m. To provide oral testimony during the hearing, individuals must contact publichealth.rules@odhsoha.oregon.gov to sign-up and receive the link for the Microsoft Team video conference. Alternatively, you may dial 971-277-2343, Phone Conference ID 314 497 17# for audio only.

Individuals may also file written comments before 5:00 p.m. on December 21, 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 by fax to: (971) 673-1299.

Final rules will be filed after consideration of all comments. 

For more details, please see the following link for the Notice of Proposed Rulemaking, including the Statements of Need and Fiscal and Racial Equity Impact, and the full text of these proposed rules:
Questions or requests for hard copies may be directed to Mellony Bernal at mellony.c.bernal@oha.oregon.gov.

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
AgendaMinutes
​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
​​


​​HB 2697 Hospital Staffing RAC

​In 2023 the Oregon Legislature passed House Bill 2697 which made significant changes to Oregon’s hospital staffing laws. The law requires OHA to issue rules related to the process for receiving and processing complaints under the new law. OHA is convening this RAC to provide input to the agen​cy on Hospital Staffing administrative rules beginning with temporary rules. More information about the new hospital staffing law is at www.healthoregon.org/nursestaffing. OHA will engage in permanent rulemaking in early 2024 at which time additional RAC meetings will be convened. More information about that process will be posted here in early 2024.

11.29.2023 at 9:30 a.m. - Agenda​​​

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.  The RAC process is complete and proposed rules are out for public comment.

10.11.2023 - Agenda​ - Minutes

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 permanent rules adopted.

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.
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)