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Rules Proposed and Adopted

Oreogn Medical Board Meeting July 7, 2022, rulemaking materials.

Proposed Rules
Written comments for all proposed rulemakings are due by 5 p.m. on May 23, 2022, submit via email to elizabeth.ross@omb.oregon.gov.

The proposed rulemaking implements HB 3036 (2021) shifting the practice of a physician assistant from a supervision to collaboration model with collaboration agreements. The proposed rule lays out physician assistant practice in a collaborative practice model that will start July 15, 2022. Physician assistants have until December 31, 2023 to transition to a collaboration agreement. See the HB 3036 webpage for more information. See the HB 3036 webpage for more information.
The Board will take public oral comments on the proposed rule at a public hearing via videoconference on Monday, May 23, 2022 at 10:00 a.m. and written comments will be accepted until 5 p.m. on May 23, 2022. See the HB 3036 webpage for how to participate in the public hearing via videoconference.  

847-008-0040: Implementing HB 3036 (2021) by updating provisions specific to supervising physicians and volunteer camp physicians.
The proposed rule amendments implement HB 3036 (2021) by updating provisions specific to supervising physicians and volunteer camp physicians.

Telemedicine Status Licensees
847-025-0000, 847-025-0010, 847-025-0020, 847-025-0030, 847-025-0040, 847-025-0050, 847-025-0060: Updating telemedicine status license provisions to align with HB 3036 (2021) and HB 4034 (2022).
The proposed rule amendments update the telemedicine status licensee rules to clarify language, add consistent definitions, and incorporate amendments to align with HB 3036 (2021) and HB 4034 (2022). 

Physicians and PAs
847-010-0066: Limited License, Visiting Provider
The proposed rule amendment provides visiting providers a limited license and adds physician assistants to the rule. After a declared emergency, the rule will support access to health care by providing a 90-day limited license to out of state physicians and physician assistants who held emergency authorizations. The proposed rule makes permanent the March 10, 2022, temporary rule. 

Podiatric Physicians
847-080-0022: Updating Qualifications to Perform Ankle Surgery
The proposed rule amendment removes board certification as a qualification for a podiatric physician to perform ankle surgery, but retains the surgical residency requirements. The amendment provides parity between the American Board of Foot and Ankle Surgery and the American Board of Podiatric Medicine. The proposed rule would not impact the credentialing and privileging requirements established by hospitals and ambulatory surgery centers.

EMS Providers
847-035-0030: Expanding mass distribution medication efforts and occupational health program immunizations to AEMT scope of practice.
The proposed rule amendment moves the tasks of distributing medications as a component of a mass distribution effort and preparing and administering routine or emergency immunizations and tuberculosis skin testing, as part of an EMS Agency’s occupational health program from the EMT Intermediate’s scope of practice to the Advanced Emergency Medical Technician’s (AEMT) scope of practice. The proposed rule amendment adds training and retention of training records to these tasks. Comments provided prior to May 18, 2022, will be reviewed by the EMS Advisory Committee on May 20, 2022.

All Licensees
847-001-0015: Delegates authority for Executive Director to issue Qualified Protective Order for discovery materials.
The proposed rule amendment delegates authority to the Oregon Medical Board’s Executive Director to issue a Qualified Protective Order (QPO) prior to referring the case to the Office of Administrative Hearings (OAH) to protect the confidentiality of the Board’s investigative materials produced for discovery, which is necessary to facilitate settlement negotiations.  

Updated! 847-015-0050: Expedited Partner Therapy for Sexually Transmitted Disease
The Oregon Health Authority has determined that sexually transmitted chlamydia and gonorrhea infections are appropriately addressed with expedited partner therapy. As allowed in ORS 676.350, the proposed rule allows an Oregon Medical Board licensed physician or physician assistant, otherwise permitted by law to prescribe or dispense controlled substances, to practice expedited partner therapy for the treatment of sexually transmitted chlamydia and gonorrhea infections as provided in the rule.
Permanent Rules 

All Licensees
847-010-0069: Licensee compliance with OHA masking and vaccination rules to control COVID-19 in healthcare settings.
Given the pandemic, the Oregon Health Authority (OHA) implemented administrative rules, at the direction of the Governor, mandating compliance actions by healthcare workers including providers licensed by the Oregon Medical Board. The Oregon Medical Board adopted a temporary rule to require licensees to comply with the OHA’s rules requiring masking and vaccination to control COVID-19 in health care settings. This rule permanently adopts the OMB’s temporary rule to provide continued clarification for OMB licensees regarding compliance with the OHA rules. If the OHA updates their related rules, the OMB will update this rule.

847-010-0073: Medical incompetence and unprofessional or dishonorable conduct definitions and incorporate recognized ethics standards.
The rule amendments further define “medical incompetence” to clarify that evidence of medical incompetence also includes failure to pass a competency exam/program or complete a course/program when required by the Board or a health care facility. The rulemaking breaks out the nine separate types of conduct within definition of "unprofessional or dishonorable conduct" in ORS 677.188(4). The rulemaking clarifies that a licensee may not intentionally contact the known complainant, until the licensee has requested a contested case hearing and the Board has authorized the taking of the complainant’s deposition. Lastly, the amendments incorporate by reference the ethics standards of the Board’s regulated professions.

EMS Providers
847-035-0011: EMS Advisory Committee Requirements and Compensation
The Emergency Medical Services (EMS) Advisory Committee advises the Oregon Medical Board on scope of practice and other EMS-related matters. To expand the pool of candidates for this committee, the rule amendment allows Oregon-licensed EMS providers who reside within 50 miles of the Oregon border to qualify to serve on EMS Advisory Committee. The rule amendment defines “rural” and “frontier” Oregon and adds the geographic requirement for the physician or EMS members is met by practicing in rural or frontier Oregon. The amendments also align with the board’s other advisory committee rules. Lastly, the amendment clarifies that EMS Advisory Committee members are compensated by contract with the Board, which may be different than board member compensation.

Board Members
847-003-0200: Board Member Compensation Implementing HB 2992
The rule amendments implement HB 2992 (2021) requiring board qualified members receive compensation at a rate at least equal to the daily per diem as state legislators. The Board will continue the usual practice of providing all members compensation and expense reimbursement; however, HB 2992 does specify that members may decline to accept compensation and expenses.
Temporary Rule

847-010-0066: Limited License, Visiting Provider.
The temporary rule automatically grants a 90-day limited license to physicians and PAs who held a temporary authorization at the end of the declared emergency. The temporary rule is needed to provide time for providers to apply for Oregon licensure. For more information, see the Frequently Asked Questions. The temporary rule is valid from March 10, 2022 until September 5, 2022.
Rulemaking Update

847-010-0130: Proposed Rulemaking for Medical Chaperones. The Board’s Administrative Affairs Committee will review the work of the Sexual Misconduct Workgroup at its meeting on June 8, 2022. See the Workgroup's webpage for information.