Rules Proposed and Adopted

Proposed Rules

Written comments for all proposed rulemakings are due by 5 p.m. on May 22, 2024, submit via email to elizabeth.ross@omb.oregon.gov.

847-010-0073, 847-010-0070: Clarifies a reporting timeframe, updates NCCAOM code of ethics, and amends definition of unprofessional conduct.

The proposed rule amendment: (1) Clarifies that a licensee and health care facility must report a voluntary withdrawal from practice, resignation, or limitation of privileges while the licensee is under investigation within 30 calendar days. The 30-day requirement aligns with the ORS 677.172(1) requirement that all licensees notify the Board of any practice address changes within 30 days. (2) Updates the National Certification Commission for Acupuncture and Oriental Medicine’s (NCCAOM) code of ethics to the 2023 version. (3) Updates the definition of “unprofessional conduct” to include within the practice of acupuncture the failure to meet the standard of care. (4) Updates the definition of “unprofessional conduct” to include discrimination in the practice of medicine, podiatry, and acupuncture, which would make discrimination a ground for discipline. (5) Updates an outdated “Board of Medical Examiners” reference in OAR 847-010-0070.

847-050-0021, 847-070-0022, 847-080-0017: Updating documents submitted for PA, DPM, and Acupuncture licensure.

The rule amendments align recent updates to the MD/DO rule regarding employment verifications submitted for licensure in OAR 847-020-0160. For physician assistant, acupuncture, and podiatric physician applicants, the rule amendments clarify an evaluation of overall performance for an employer verification must include a statement of good standing or a statement regarding eligibility for rehire.

847-035-0030: Implementing HB 2395 (2023) and adding administration of levalbuterol to the EMT scope.

The rule amendment implements HB 2395 (2023) allowing all emergency medical services (EMS) providers to distribute and administer a short-acting opioid antagonist kit and distribute the necessary medical supplies to administer the short-acting opioid antagonist as provided in ORS 689.800. “Kit” is defined in ORS 689.800. Also, the proposed amendment adds administration of levalbuterol to the Emergency Medical Technician scope, similar to albuterol. Levalbuterol was also added to an Advanced Emergency Medical Technician’s scope to prepare and administer certain listed medications under specific written protocols authorized by the supervising physician or direct orders from a licensed physician.

Written comments for all proposed rulemakings are due by 5 p.m. on May 22, 2024, submit via email to elizabeth.ross@omb.oregon.gov.

Permanent Rules

847-005-0005: Increasing Oregon Medical Board license registration fees by 25% for all licensees.

The rule amendments implement SB 5522 (2023) policy package 102 to increase Oregon Medical Board's license registration fees by 25% for all licensees, effective July 1, 2024. The proposed rulemaking also removes obsolete fees for the prior PA supervision practice model.

847-001-0005: Timeframe to file a written answer for a hearing request.

The rule amendments update the timeframe by which a party who requests a hearing must file a written answer. The amended timeframe would allow filling within 30 days of a timely hearing request, or 30 days after production, whichever is later.

847-008-0055, 847-020-0110, 847-025-0050, 847-050-0015, 847-070-0015, 847-080-0002: Adding payment of civil penalties and costs due to the OMB as an application requirement.

The rule amendments add payment of any civil penalties and costs due to the Oregon Medical Board as an application requirement. This would apply to applicants with a surrendered, retired, or revoked license seeking to be relicensed. Applicants would have to pay in full any civil penalties and costs due to the Oregon Medical Board before being relicensed.