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Rules Proposed and Adopted

Proposed Rules
Written comments for all proposed rulemakings are due by 5 p.m. on August 24, 2022, submit via email to elizabeth.ross@omb.oregon.gov.

Podiatric Physicians
847-080-0022: Updating Qualifications to Perform Ankle Surgery            
The proposed rule amendment removes certification by the American Board of Foot and Ankle Surgery as a qualification for a podiatric physician to perform ankle surgery but retains the surgical residency requirements. The proposed rule would not impact the credentialing and privileging requirements established by hospitals and ambulatory surgery centers.
The OMB is extending the public comment period and will take oral comments on the proposed rule at a public hearing via videoconference on Tuesday, August 23, 2022 at 10:00 a.m. Written comments will be accepted until 5 p.m. on August 24, 2022. To participate in the public hearing, see the rulemaking information sheet. Written comments previously submitted will be included in the rulemaking record and do not need to be resubmitted.

All Licensees
847-010-0130: Establishes requirements for Oregon Medical Board licensees to offer medical chaperones
Based on public comments during this rulemaking, the updated draft rule proposes requiring a universal offering of a medical chaperone during all breast, genital, and rectal examinations, no matter the medical specialty. The updated proposed rule would allow a patient to decline the offer a chaperone, but it should be explained that the chaperone is an integral part of the clinical team whose role includes protecting the patient and the provider. If the patient declines, the updated draft rule would allow the OMB licensee to defer the examination for the protection of the patient and the licensee. See the Workgroup's webpage for information.
The OMB will take oral comments on the updated proposed rule at a public hearing via videoconference on Wednesday, August 24, 2022 at 10:00 a.m. Written comments will be accepted until 5 p.m. on August 24, 2022. To participate in the public hearing, see the rulemaking information sheet.

847-010-0140: Implementing HB 2359 (2021) requiring health care interpreters
Interpreters offer a language and cultural bridge between a licensee and patient with Limited English Proficiency (LEP) and those who prefer to communicate in a language other than English. The proposed rule implements directives set forth in HB 2359 (2021) requiring OMB licensees, reimbursed with public funds, in whole or in part, to utilize health care interpreters from the Oregon Health Authority's health care interpreter central registry when arranging for or providing services to a person with LEP or who prefers to communicate in a language other than English or who communicates in signed language. The proposed rule aligns with OAR 333-002-0250 adopted by the Orgon Health Authority and provides exceptions for when a licensee is proficient in the patient's preferred language and good faith efforts to locate an interpreter on the registry. See the Health Care Interpreter webpage for more information. 

847-065-0005, 847-065-0010, 847-065-0015, 847-065-0020, 847-065-0025, 847-065-0030, 847-065-0035, 847-065-0040, 847-065-0045, 847-065-0050, 847-065-0055, 847-065-0060, 847-065-0065, 847-065-0070: Health Professionals' Services Program (HPSP) updates
The Health Professionals' Services Program (HPSP) is a consolidated statewide program utilized by several boards to assist health care providers with substance use or mental health disorders so they may continue to safely provide care. The HPSP monitors health care providers with the goal of rehabilitation. The proposed rule amendments make updates to align with current practice and terminology.

847-001-0024: Orders for Evaluation
The proposed rule amendment clarifies that Orders for Evaluation may not be negotiated and are confidential orders and enforceable by the Oregon Medical Board. Violating an Order for Evaluation is grounds for discipline under ORS 677.190(17).

847-001-0030:Termination of Interim Stipulated Orders when closed without disciplinary action
The proposed rule amendment allows the Executive Director or Medical Director to terminate an Interim Stipulated Order if the
Oregon Medical Board votes to close the case without disciplinary action.

847-020-0160, 847-023-0015, 847-026-0020, 847-070-0022, 847-080-0017: When reference letters are required for licensure application
The proposed rule amendment clarifies current practice that during the licensure process the OMB will require reference letters, if an employer does not provide a performance statement, such as: they're eligible for rehire, they were in good standing when they left, or they are still here and would be welcomed to remain on staff.

Acupuncturists
847-070-0020: Acupuncture via telemedicine
The proposed rule clarifies that an Oregon licensed acupuncturist may provide care via telemedicine to patients located in Oregon. The Board's Statement of Philosophy on Telemedicine provides guidance to licensees.

Out-of-State
Physicians and PAs
847-010-0200: Implementing HB 4096 (2022) Out-of-state physician and PA limited volunteer practice
The proposed rule implements HB 4096 (2022) providing that physicians or physician assistants authorized in another state or United States territory may practice in Oregon in connection with a coordinating organization or other entity without compensation for 30 days each calendar year. The proposed rule would take effect January 1, 2023.


Permanent Rules 

The rulemaking implements HB 3036 (2021) shifting the practice of a physician assistant (PA) from a supervision to collaborative practice model with collaboration agreements starting July 15, 2022. PAs have until December 31, 2023, to transition to a collaboration agreement. See the HB 3036 webpage (omb.oregon.gov/3036) for more information, including a list of Frequently Asked Questions and a sample collaboration agreement template.

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

Physicians and PAs

847-015-0050: Expedited Partner Therapy for Sexually Transmitted Infection
As allowed in ORS 676.350, the 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. The Oregon Health Authority has determined that sexually transmitted chlamydia and gonorrhea infections are appropriately addressed with expedited partner therapy. See the EPT website for more information.

EMS Providers
847-035-0030: Expanding mass distribution medication efforts and occupational health program immunizations to AEMT scope of practice.
The 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 rule amendment adds training and retention of training records to these tasks. 

Out-of-State 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. 

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.  

Rulemaking Update

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 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). The Board will continue reviewing this rule during the September 14, 2022, Administrative Affairs Committee meeting and October 6-7, 2022, Board meeting.