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Rules Proposed and Adopted

Proposed Rules
Written comments for all rulemakings are due by 5 p.m. on November 29, 2021, submit via email to elizabeth.ross@omb.oregon.gov.

847-005-0005: Updating licensure fees.
The proposed rule updates agency licensure fees based on 2021 legislation, HB 3036 and HB 2074. The proposed rule adds the new PA telemedicine license status within the existing PA Registration/Renewal fee of $191/year. Second, the proposed rule increases the Oregon Health Authority’s Prescription Drug Monitoring Program (PDMP) fee from $25 to $35 per year per licensee with prescribing authority. Lastly, the proposed rule removes an obsolete fee that is no longer applicable.

847-008-0075: Updating mandatory pain management education.  
The proposed rule implements HB 2078 (2021) requiring pain management continuing education on an ongoing basis starting January 1, 2022. The proposed rule requires new licensees to complete the one-hour training at initial licensure and all licensees every 24 months. The Oregon Pain Management Commission provides the education program through a free, online, one-hour course updated every two years. Recognizing that all providers play a role in a patient’s pain management care and that up-to-date knowledge is one of many tools, the proposed rule requires all actively licensed Board licensees to complete the one-hour of training at initial licensure and every 24 months thereafter. The 24-month timeframe is proposed to align with the board’s license registration renewal cycle. The Board would first audit this requirement for most licensees during the Fall 2023 renewal cycle. 

847-025-0000, 847-025-0010, 847-025-0020, 847-025-0030, 847-025-0040, 847-025-0050, 847-025-0060: Creating physician assistant telemedicine license as provided in HB 3036.
The proposed rulemaking implements House Bill 3036 (2021) sections 3 through 6 to add a physician assistant telemedicine license to allow a physician assistant to practice medicine across state lines when providing care to patients located in Oregon. See the HB 3036 webpage for more information.

847-050-0035, 847-050-0037, 847-050-0038, 847-050-0040, 847-050-0041: Updating physician assistant rules as provided in HB 3036.    
The proposed rulemaking implements House Bill 3036 (2021) sections 1 and 2. The proposed rules remove the requirement that a supervising physician apply to the Board for a physician assistant to dispense prescription drugs, rather the physician assistant would register directly with the Board to dispense prescription drugs. The proposed rules also update requirements for a physician assistant to provide medical services and removes the requirement that the supervising physician’s contact information be included on prescriptions written by a physician assistant. Although some changes for physician assistant practice start January 15, 2022, existing provisions in ORS 677.510 are still in effect until July 15, 2022. A subsequent rulemaking will address the changes required in HB 3036 sections 10 and 11A, which become operational on July 15, 2022 to shift physician assistant practice in Oregon from a supervision to a collaboration model and transition all physician assistants to a collaboration agreement by December 31, 2023. See the HB 3036 webpage for more information.

847-035-0030: EMTs, Advanced EMTs, EMT Intermediates, and Paramedics to prepare and administer immunizations.
The Oregon Medical Board adopted a temporary rule, valid until December 11, 2021, to allow EMTs and higher to continue preparing and administering COVID-19 immunizations. The proposed rule would allow EMTs and higher to prepare and administer immunizations under the EMS agency’s supervising physician’s standing order under certain conditions provided in the proposed rule. Comments provided prior to November 18, 2021, will be reviewed by the EMS Advisory Committee. 

Extended Comment Period, 847-010-0073: Medical incompetence and unprofessional or dishonorable conduct definitions and incorporate recognized ethics standards.
The proposed rulemaking further defines “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 proposed 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 knowingly contact the complainant, or allow any person authorized to act on behalf of the licensee to knowingly contact the complainant, until the licensee has requested a contested case hearing and the Board has authorized the taking of the complainant’s deposition. Lastly, the proposed amendment incorporates by reference the ethics standards of the board’s regulated professions and defines financial conflicts of interest. 

Written comments for the above rulemakings are due by 5 p.m. on November 29, 2021, submit via email to elizabeth.ross@omb.oregon.gov

Update! 847-010-0130: Establishes requirements for Oregon Medical Board licensees to use medical chaperones.
The Board provided a public comment period until October 6, 2021. Based on the volume and content of the comments received, the Board extended the comment period and is reconvening the Sexual Misconduct Workgroup to review comments and make recommendations. Additional written comments for review by the workgroup may be submitted to elizabeth.ross@omb.oregon.gov.

847-070-0050: Updating Oregon Association of Acupuncturists name.
The proposed rule amendment updates the association name from “Oregon Association of Acupuncture and Oriental Medicine” to “Oregon Association of Acupuncturists.” Written comment period ended August 24, 2021.

Permanent Rules 

847-008-0065: Amendment to allow licensees to practice under a variation of their legal name.
The rule amendment allows licensees to practice under a variation of their legal name if the licensee notifies the Board of this name variation. Patients must be able to identify their providers and locate providers on the Oregon Medical Board’s Licensee Search website. The rule amendment requires licensees to notify the Board of the legal name variation in order to ensure that the name is recorded correctly in the Board’s database, allowing the public to search for their provider on the Board’s website. site. 

847-065-0055: Health Professionals’ Services Program licensee reporting responsibilities.
The rule amendment requires Health Professionals’ Services Program (HPSP) licensees to report any citation for the use or possession of any DEA scheduled substances including but not limited to citations for Class E violations. The rule amendment also clarifies licensees enrolled in HPSP must maintain a license status and report changes to the Board, this includes active, inactive, and lapsed status. 

847-001-0024: Enrolling specified licensees in the National Practitioner Data Bank’s continuous query.
The rule amendment requires the Board to monitor the National Practitioner Data Bank (NPDB) Continuous Query alert system for two years from the date of an allegation of sexual misconduct. This will provide continuous monitoring and ensure the Board receives timely notice of any additional actions and does not reflect on the licensee’s NPDB record.

847-015-0040: Collaborative Drug Therapy Management.
The amendment removes the requirement that a collaborative drug therapy protocol be filed with the Oregon Board of Pharmacy, aligning with the Oregon Board of Pharmacy’s rule, OAR 855-019-0260. The protocol only needs to be kept on file in the pharmacy and made available to the Oregon Board of Pharmacy and the Oregon Medical Board upon request.

Temporary Rules

847-035-0030: EMTs, Advanced EMTs, EMT Intermediates, and Paramedics to prepare and administer COVID-19
immunizations.
The temporary rule aligns with the State of Oregon EMS Medical Director protocol dated May 26, 2021, allowing Emergency Medical Technicians (EMT), Advanced EMTs, EMT Intermediates, and Paramedics to prepare and administer COVID-19 immunizations under the direction of their supervising physician and within the agency’s supervising physician’s standing order. The temporary rule is valid from June 15, 2021 until December 11, 2021.

847-010-0069: Licensee compliance with OHA masking and vaccination rules to control COVID-19 in health care settings.
The temporary rule provides direction to Oregon Medical Board licensees regarding compliance with the Oregon Health Authority’s administrative rules requiring masking and vaccination to control COVID-19 in health care settings. The temporary rule is valid from October 13, 2021 until April 10, 2022.



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