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Rules Proposed and Adopted

Proposed Rules
Written comments for all proposed rulemakings are due by 5 p.m. on May 30, 2023, submit via email to elizabeth.ross@omb.oregon.gov. 

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 proposed rule specifies that the standards for the surgical residency must meet or exceed the Council on Podiatric Medical Education’s criteria that was in place on January 1, 2023. The proposed rule would not impact the credentialing and privileging requirements established by hospitals and ambulatory surgery centers.
The OMB will take oral comments on the proposed rule at a public hearing via videoconference on Monday, May 22, 2023 at 1:00 p.m. Written comments will be accepted until 5 p.m. on May 30, 2023. See the rulemaking information sheet for how to participate in the public hearing and the draft rule.

847-050-0041: Removing DEA X-wavier requirement to align with U.S. Congress elimination of X-wavier.
On December 29, 2022, with the Consolidated Appropriations Act of 2023, U.S. Congress eliminated the "DATA-Waiver Program." To align with this change, the proposed rule amendment removes the requirement for a physician assistant to obtain a buprenorphine waiver from the Drug Enforcement Administration (DEA) to prescribe or dispense buprenorphine for medication-assisted treatment for opioid dependency.

847-035-0030: Adds administration of benzodiazepines for seizures or agitation at the EMT-Intermediate level.
The rule amendment adds administration of benzodiazepines for seizures or agitation at the EMT-Intermediates (EMT-I) level. The EMT-I would have to be trained by the supervising physician or their designee prior to administration of benzodiazepines. The EMT-I and the EMS agency or employer would maintain records of training. Comments provided prior to May 17, 2023, will be reviewed by the EMS Advisory Committee on May 19, 2023.

847-010-0069: Aligning OMB rule with OHA lifting the mask requirement for health care settings.
The Oregon Health Authority (OHA) rescinded provisions in OAR 333-019-1011 requiring workers in health care settings to wear masks on April 3, 2023. The proposed rulemaking updates the Oregon Medical Board’s rule outlining licensee compliance with OHA’s COVID-19 requirements to align with OHA lifting the mask requirement for health care settings.

847-001-0015: Exempting license denials from timelines to issue an amended proposed order or a final order.
The proposed rule amendment adds license denials as a class of cases exempt from the requirements in OAR 137-003-0655(7), to issue an amended proposed order or a final order within 90 days of the date of the proposed order. Because of the Board’s quarterly meeting schedule and the complexity of cases, 90 days is often an insufficient amount of time to allow the Board to review an Administrative Law Judge’s (ALJ) proposed order and issue a final order in a contested case hearing.

847-003-0200: Increasing Board member compensation for time spent preparing for full day meetings.
The proposed amendment aligns the amount of compensation offered to prepare for a full day board or committee meeting with the compensation offered for a full day meeting. The proposed amendment would increase the compensation from the Oregon legislative per diem, currently $157, to $250 to prepare for an Investigative Committee or Board meeting. Increasing the compensation for time spent preparing for full day meetings may expand the pool of candidates considering Board service, especially public members.

847-010-0200: Updating volunteer practice program rules.
On January 1, 2023, Oregon law provided that physicians or physician assistants authorized in another state or United States territory may practice in Oregon without compensation for 30 days each calendar year. The proposed rule amendment includes these volunteer authorizations within the meaning of “registration” for the Board’s purposes in ORS 677.190 and ORS 677.205 for suspending, revoking, or refusing to grant a registration or discipline.  

Written comments for all proposed rulemakings are due by 5 p.m. on May 30, 2023, submit via email to elizabeth.ross@omb.oregon.gov. 

Permanent Rules 
847-001-0022: Updating the Board's Notice Title
The rule amendment clarifies the Oregon Medical Board’s Complaint and Notice of Proposed Disciplinary Action is a Notice of Proposed Disciplinary Action (not a complaint). The rule amendment updates rule language to align with this clarification.

847-005-0008: Adding Public Records Fee for Board Attorney’s Time
ORS 192.324(4) allows an agency to establish public record fees and specifically allows the cost of time spent by an attorney reviewing the public records. The rule amendment allows the Oregon Medical Board to charge the actual cost of time spent by the Board’s DOJ attorney reviewing public records.

OMB Updates
Rule Petition: Updating Qualifications to Perform Ankle Surgery              
On March 9, 2023, the Oregon Medical Board received an ORS 183.390 petition requesting amendment of OAR 847-080-0022. The Board accepted public comment upon the rule and reviewed the petition and written comments at the Board meeting on April 6, 2023. Upon review, the Board denied the petition, but initiated its own rulemaking proceedings as noted above in this notice. Please refer to the OAR 847-080-0022 rulemaking for further information.