Effective June 30, 2021, Executive Order 21-15 eliminated Oregon's County Risk Level framework and all remaining COVID-19 health and safety restrictions that have been issued under Oregon's emergency statutes.
Governor Kate Brown rescinded Executive Order 20-66 and many other executive orders that directed the Oregon Health Authority (OHA) to issue enforceable guidance for various sectors of the state regarding COVID-19 restrictions. Please review the Oregon Health Authority's guidance for details and updated information on the OHA's COVID-19 Healthcare Partner Resources webpage.
- COVID-19 Public Health Recommendations: Clinical Care, and Healthcare Infection Prevention and Control
- Statewide Mask, Face Covering, Face Shield Guidance for Health Care Offices
- Personal Protective Equipment, Screening and Visitation in CMS certified Hospitals, Psychiatric Hospitals, and Critical Access Hospitals (CAHs)
- Personal Protective Equipment, Screening and Visitation in CMScertified Outpatient Settings (Ambulatory Surgical Centers, Outpatient Physical Therapy/Speech Pathology, Rural Health Clinics, and Federally Qualified Health Centers)
OHA General Guidance for Employers on COVID-19
Please note the Oregon Medical Board is unable to provide guidance regarding Executive Orders or OHA guidance. Please direct all questions to the OHA at COVID.email@example.com
. The Oregon Medical Board cannot provide legal or medical advice; however, it is good practice to carefully document your decision-making process. What will the Board do if a patient complains about my decision?
The Oregon Medical Board understands the complexity of providing care during the COVID-19 outbreak. In evaluating any complaints filed against a licensee for care that was delivered during this period, the Board will look to all of the circumstances to determine whether the physician or physician assistant met the standard of care relevant to the current environment as outlined in ORS 677.095(1).
What will the Board do if a licensee does not follow precautions set out by the Governor's Executive Order and the Oregon Health Authority? Noncompliance with Executive Orders and applicable Oregon Health Authority (OHA) guidance may result in disciplinary action by the Oregon Medical Board. Unprofessional conduct in ORS 677.190 as defined in ORS 677.188 includes, but is not limited to, conduct that does or might endanger the health or safety of the public. This includes failure to comply with an Executive Order issued by the Governor or failure to comply with state agency guidance applicable to the time and location where the licensee practices medicine.
The Board adopted OAR 847-010-0068(5)
to reiterate and clarify that during a declared emergency, all board licensees are expected, in connection with the practice of medicine, to fully comply with Executive Orders and statewide guidance implementing the Executive Orders when the Order or guidance documents in whole or in part address or affect the delivery of health care to Oregon patients.
FSMB Statement on Wearing Face Coverings During Patient Care:
The Federation of State Medical Boards' Board of Directors released the following
in response to reports from a number of state medical boards of complaints they are receiving about physicians and physician assistants failing to wear face coverings during patient care:
“Wearing a face covering is a harm-reduction strategy to help limit the spread of COVID-19, especially since physical distancing is not possible in health care settings. When seeing patients during in-person clinical encounters, physicians and physician assistants have a professional responsibility to wear a facial covering for their own protection, as well as that of their patients and society as a whole."
EMS Providers: Emergency Scope of Practice Change
Oregon Health Authority | June 15, 2021
In the event of an emergency declared by the Governor of Oregon, Emergency Medical Service providers may assist in patient care as directed by the supervising physician's standing orders and within the protocols established by the State of Oregon EMS Medical Director during the period of the declared emergency, subject to such limitations and conditions as the Governor or Oregon Medical Board may prescribe.
Under the direction of their supervising physician, EMTs, Advanced EMTs, EMT Intermediates, and Paramedics may prepare and administer immunizations in the event of an outbreak or epidemic as declared by the Governor of the state of Oregon, the State Public Health Officer, or a county health officer as part of an emergency immunization program, under the agency's supervising physician's standing order. To extend this scope of practice change, the Oregon
Medical Board adopted a temporary rule that aligns with the State of Oregon EMS
Medical Director protocol dated May
. The temporary
is valid from June 15, 2021 until December 11, 2021, see OAR
See the Board's
Emergency Medical Services Providers page
for more details and informaion.
Physician Assistant Practice During a Governor Declared Emergency
House Bill 4212 (2020 Special Session) sections 44-47 are intended to increase the health care workforce in response to the COVID-19 declared emergency. These provisions are effective June 30, 2020, through the duration of the COVID-19 state of emergency issued by the Governor of Oregon. The bill provides:
- To ensure that PAs are part of dynamic and flexible health care teams during this emergency, Oregon PAs may provide patient care without formally entering into a practice agreement on file with the OMB if the medical services are within the PA's scope of practice and if the services are within the guidelines and standards established by a supervising physician. It is up to the facility to determine what documentation is needed and to the supervising physician to ensure that the PA understands and practices in compliance with the established protocols and guidelines.
- Requirements for chart review and onsite supervision are suspended during the state of emergency.
- PAs with an Oregon license or with a temporary authorization to practice in Oregon under OAR 847-010-0068 may practice medicine via telehealth for Oregon patients. If a patient is located outside of Oregon, you must consult with the state regulatory authority for the state in which the patient is located before providing patient care.
Increasing Physician/PA Workforce
The Oregon Medical Board has taken emergency action to increase the physician/PA workforce in Oregon. These provisions were adopted in a temporary rule, which is effective now. Review the rule language here: OAR 847-010-0068.
Three efforts to increase our physician and PA workforce:
Emeritus and Locum Tenens physicians and PAs – current administrative restrictions are lifted during this emergency.
Emeritus licensees are no longer restricted to volunteer practice only. During this emergency, they may receive payment for their medical care.
Locum Tenens licensees are no longer limited to 240 days/biennium of practice in Oregon. During this emergency, they may practice indefinitely in our state.
Administrative Medicine/Inactive/Lapsed/Retired physicians and PAs – a new expedited reactivation process is in place during this emergency.
To qualify, a licensee must have been in active clinical practice within the previous three years and must have been in good standing at the time the Oregon license status became Administrative Medicine, Inactive, Lapsed, or Retired.
Emergency Reactivation Application
and supplemental materials.
Out-of-state physicians and PAs coming into Oregon.
To qualify, an out-of-state physician or PA must be actively licensed and in good standing in another state.
To apply, submit the
Emergency Authorization Application and supplemental materials.
Note: Any restrictions or requirements placed on a licensee through a Board Order or Agreement remain in effect during the emergency.
COVID-19 Emergency Response Volunteer Opportunities (SERV-OR)
The State Emergency Registry of Volunteers in Oregon (SERV-OR) is a statewide pool of licensed physicians, nurses, pharmacists, Emergency Medical Technicians (EMTs), behavioral health providers, respiratory therapists and other health professionals who are willing to volunteer in response to Federal, State, and/or local emergencies. Due to COVID-19, health care resources are strained and SERV-OR is calling for licensed health care professionals to sign up, train, and deploy in support of Oregon's COVID-19 pandemic response.
How can you help? There are several ways to help, depending on the need. You may be asked to:
- Staff an alternate care site to decrease pressure on hospitals
- Operate a health information hotline
- Help with contact investigation around known COVID-19 cases
- Support administrative or logistical needs within the OHA Agency Operations Center
- Lend your skills in a wide variety of other volunteer roles
For more information, visit the SERV-OR website or the OMB’s Volunteer for Public Emergencies page. To register with SERV-OR, click here. If you have questions or need technical assistance, contact SERV.OR@dhsoha.state.or.us.
Please review the
Oregon Health Authority's guidance for details and updated information on
the OHA's COVID-19 Healthcare Partner Resources webpage. Questions regarding these guidelines may be directed to the OHA at firstname.lastname@example.org.
Liability Limitations & Malpractice Coverage
The Oregon Medical Board is unable to advise licensees on malpractice insurance coverage decisions during this public health emergency. Please contact the institution where you are providing care during this emergency and/or your professional liability carrier for questions about malpractice insurance coverage.
For information about federal and state liability limitations during the this public health emergency and malpractice insurance resources, please review the
Board’s Informational Summary
Federal law (CARES Act, H.R. 748, Section 3215
) provides that health care professionals are not liable under Federal or State law for harm caused by an act or omission while volunteering (not receiving payment) their health care services during the COVID–19 public health emergency in response to the public health emergency. The federal limitation is not a substitute for insurance coverage; for additional information see the
Board’s Informational Summary
In Oregon, the
Liability Limitation for Volunteer Services Program
is provided by Oregon law to limit the liability for health practitioners who provide services without compensation. The program is not a substitute for insurance coverage; rather Oregon law (ORS 676.340-676.345
) limits the liability for health practitioners who meet the requirements of the program and have registered with the Board. Program requirements and patient notice forms are available on the
Liability Limitation Program
FDA Guidance on N95 Respirators
FDA Revokes Emergency
Use Authorizations for Non-NIOSH-Approved Disposable Respirators and
Decontamination Systems as Access to FDA-authorized and NIOSH-approved N95s
Increases Nationwide. The FDA guidance can be found here.
Oregon COVID-19 Webinars & Trainings
- Disaster Behavioral Health Online Trainings for Health Care Professionals & First Responders, offered by OHA. Click here for the training schedule and to register. Additional offerings will be posted through the months of April and May.
- Suicide Prevention Resource Center: videos and resources for treating suicidal patients during COVID-19.
Physicians with an active status license to practice medicine in Oregon may provide care via telemedicine to their Oregon patients. Out-of-state physicians with a telemedicine license to practice medicine in Oregon may provide remote care to their Oregon patients.* Physician Assistants with an active Oregon license or with a temporary authorization to practice in Oregon under OAR 847-010-0068 may practice medicine via telehealth for Oregon patients during the declared emergency as provided in HB 4212 (2020 Special Session).
On December 3, 2020, the U.S. Department of Health and Human Services issued a 4th amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) to increase access to critical countermeasures against COVID-19. The amendment authorizes health care personnel who are permitted to order and administer a Covered Countermeasure (defined in the PREP Act) through telehealth in a state may do so for patients in another state so long as the health care personnel comply with the legal requirements of the state in which the health care personnel are permitted to order and administer the Covered Countermeasure by means of telehealth. Please note during the COVID-19 declared emergency in Oregon, an out of state physician or physician assistant may also request Temporary Authorization to practice in Oregon under OAR 847-010-0068. There is no fee for this request and the scope of practice is not limited to Covered Countermeasures.
For more information regarding telemedicine rules and licensure qualifications in Oregon, please visit our Telemedicine Topic of Interest page.
Information about telemedicine and the OHA's medical marijuana program during the COVID-19 declared emergency, please visit our Medical Marijuana Topic of Interest page and review the Oregon Medical Marijuana Program COVID-19 FAQs.
- If you have questions or concerns about billing for telemedicine appointments, visit the Department of Financial Regulation’s (DFR) Coronavirus Insurance Information Page, available
here. Please note that the Board is not able to assist with insurance billing issues – all inquiries will be directed to the DFR.
- The Oregon Health Authority has announced the following rule changes for Medical Assistance Program reimbursement:
OAR 410-130-0610: Amends telemedicine rule to align with updated practice guidelines and reduce barriers for evaluation and management of care by telemedicine during an infectious disease outbreak
OAR 410-141-3830: Updates to the prioritized list of covered health services to improve access to telehealth
- You can also view all recent temporary rulemaking notices here.
- For the duration of the COVID-19 outbreak, or until otherwise directed by the directors of the Department of Consumer and Business Services and the Oregon Health Authority, the state of Oregon expects health plans of all types to provide increased access to health care services through telehealth delivery platforms and to encourage patients to use telehealth delivery options to limit the amount of in-person health care they seek. This includes commercial health plans regulated by DCBS and Medicaid health plans regulated by OHA. Click
here for full details.
- The Center for Medicare and Medicaid Services (CMS) released new guidelines authorizing Medicare payment for telehealth services regardless of the patient's location (at a facility or in their home).
- The accompanying
fact sheet includes information on which providers may provide telehealth services during the public health emergency.
New: The CMS recently released additional blanket waivers to address hospital staffing issues and to increase access to Medicare telehealth services. Click
here to read the fact sheet.
- The American Medical Assoiation has released a guide containing special coding advice to help providers receive compensation for telehealth services during the COVID-19 pandemic. Click
here for full information.
Health Evidence Review Commission (HERC) Billing Guidance - this document includes new codes for serological COVID-19 antibody tests, COVID-19 related diagnoses, and telemedicine codes.
- The U.S. Department of Health and Human Services Office for Civil Rights (OCR)
announced that it will not impose penalties for noncompliance with HIPAA regulatory requirements if health care providers provided telehealth in good faith during the COVID-19 nationwide public health emergency.
The OMB is unable to provide guidance on how to set up a telemedicine practice. You may wish to consult your technology staff or your legal counsel to ensure you are in compliance with federal regulations.
Policy Changes and Temporary Rulemaking
Prescribing Opioids via Telehealth
Per new clarification from the U.S. Drug Enforcement Agency (DEA), health care professionals can now prescribe a controlled substance to a patient using telehealth technology without first conducting an in-person evaluation if the following conditions are met:
For more details and information, click
The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual course of their professional practice.
- The telemedicine communication is conducted using an audio-visual, real-time, two-way interactive communication system.
- The practitioner is acting in accordance with applicable Federal and State law.
*Note: Out-of-state Licensees who hold an
active license at telemedicine status have the same duties and responsibilities and are subject to the same penalties and sanctions as any other licensed physician in Oregon. Physicians with telemedicine status in Oregon may not act as a dispensing physician, treat a patient for intractable pain, act as a supervising physician of a licensed physician assistant or an Oregon-certified First Responder or Emergency Medical Technician.
Public Health Reporting
OHA has adopted temporary rules to add COVID-19 to the list of diseases reportable to public health authorities within 24 hours (see
OAR 333-018-0016). OHA also adopted temporary rules related to REALD data reporting. More information is available in
OAR 333-018-0011 and the Board's
REALD Data webpage.
Licensees with COVID-19 exposure questions or concerns should contact the OHA Acute and Communicable Disease Prevention Section at 971-673-1111.
Physician Assistant 8-Hour On-Site Supervision
The OMB is waiving the requirement for 8 hours of on-site supervision of physician assistants for the months in which Oregon is under a declared state of emergency. Supervising physicians do not need to submit a letter requesting the waiver during this emergency.
Continuing Education Requirements
The Oregon Medical Board will continue monitoring the impact of COVID-19 on our licensee's ability to complete continuing education courses. Please review additional continuing education information
AMA: Ethical Obligation of Physicians
From OMB Medical Director Dr. David Farris:
Do OMB licensees have an ethical obligation to be involved in the COVID-19 pandemic? The American Medical Association says yes. Click
to read why.
Online COVID-19 Testing Site Locator
- The Oregon Health Authority has launched an online COIVD-19 test site locator to help Oregonians across the state find testing sites in their community. The interactive map is available in both English and Spanish, as well as several other languages. Oregon's testing guidance encourages testing for anyone with symptoms in consultation with a health care provider.
Free UpToDate COVID-19 Content: