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HB 3036: Physician Assistant Modernization Bill

In 2021, the Oregon Legislature passed House Bill 3036, which modernizes physician assistant practice in Oregon. The bill's effective date of June 23, 2021, allows the Oregon Medical Board to start working on implementation of the bill. The actual changes to PA practice provided in HB 3036 are operational in phases on January 15, 2022, and July 15, 2022.

The OMB has compiled a list of Frequently Asked Questions to provide information as these changes are implemented and created a (draft) sample collaboration agreement template. Please review and follow up with additional questions. 


Rulemaking Overview
The Board is using a multi-phased rulemaking plan to implement changes: 

  • Rulemaking #1: Amends sections of PA rules relating to PA dispensing, prescribing, chart review, and on-site supervision operational on January 15, 2022 (HB 3036 sections 1-2). See Final Rule.
  • Rulemaking #2: Amends telemedicine rules to add a PA telemedicine status license operational on January 15, 2022 (HB 3036 sections 3-6). See Final Rule.
  • Rulemaking #3: Amends licensure fee rules to add a PA telemedicine license status operational on January 15, 2022. See Final Rule.
  • Rulemaking #4: Amends sections of PA rules to shift PA practice from a supervision to a collaboration model operational on July 15, 2022. This rulemaking will transition all PAs to a collaboration agreement by December 31, 2023 (HB 3036 sections 10 & 11A)The Board hosted a workgroup in January and February 2022 to review and make recommendations on the draft rules. The Board posted notice of the draft rules and accepted public comment until May 23, 2022 on the Draft Rules. The Board will review all oral and written comments at the Administrative Affairs Committee meeting on June 8, 2022, and the Oregon Medical Board meeting on July 7-8, 2022. If you have questions about this rulemaking or the public hearing, please contact Elizabeth Ross at elizabeth.ross@omb.oregon.gov.


HB 3036 Rulemaking #4 Timeline

  • January – February 2022 – HB 3036 workgroup meets
  • March 9, 2022 – Workgroup recommendations reviewed by the Administrative Affairs Committee (AAC) and the AAC makes recommendations to the full Board
  • April 7-8, 2022 – AAC recommendations reviewed by the Oregon Medical Board
  • After April OMB meeting – OMB files notice of proposed rules
  • May 23, 2022, 10AM – Public hearing to provide oral comments
  • May 23, 2022, 5PM – Public comment period ends
  • June 8, 2022 – Final rule review by the Administrative Affairs Committee
  • July 7-8, 2022 – Final rule review and adoption by the Oregon Medical Board
  • After July OMB meeting – OMB submits permanent filing to Secretary of State
  • July 15, 2022 – Rules become effective


HB 3036 Workgroup

The Board hosted a workgroup to review and make recommendations to draft rules implementing HB 3036 sections 10 and 11A, shifting physician assistant practice from a supervision to a collaboration model starting July 15, 2022. The workgroup included persons with subject matter expertise who would likely be affected by the proposed rules. The workgroup included PAs, physicians, a representative from a supervising physician organization (SPO), and representatives of professional associations (Oregon Society of Physician Assistants, Oregon Medical Association, and Oregon Academy of Family Physicians). The process was designed to include a diversity of opinions and viewpoints. Although the workgroup made recommendations, the Oregon Medical Board retains decision making authority.

HB 3036 workgroup meetings were open to the public and any member of the public could attend the meetings and participate during the designated public comment period.

Workgroup Materials:

 

HB 3036 Summary

The summary below does not include every provision of HB 3036, but highlights areas that will be addressed in OMB rulemaking. Section numbers are provided for reference to HB 3036, along with operational dates for each section. Please review HB 3036 for detailed information.

Operational January 15, 2022:

  • Updates PA requirements to dispense prescription drugs (section 1).
  • Removes requirement that PAs include supervising physician information on each prescription (section 2).
  • Removes requirement that PAs practice within the scope of practice of a supervising physician (section 2).
  • Updates the degree of autonomous judgment that a PA may exercise can be determined at the PA's primary location of practice by the community standards of care and the PA's education, training, and experience (section 2).
  • Adds PA telemedicine license and allows Oregon-licensed PAs to practice via telemedicine on Oregon patients from outside of Oregon (sections 3-6).

Operational July 15, 2022:

  • Adds definitions for collaboration, collaboration agreement, and employer. Removes definitions for practice agreement, supervision, and supervising physician definitions (section 10).
  • Removes requirement for PAs to practice under a supervising physician (section 11A).
  • Allows PAs to enter a collaboration agreement with an Oregon physician or the PA's employer, see definition of employer (section 11A).
  • Allows PAs to continue practicing under a current practice agreement or practice description until the PA enters into a collaboration agreement. Requires PAs to transition to a collaboration agreement when the PA's license is due for renewal or December 31, 2023, whichever is later (section 20).
  • Collaboration agreements must be available at the PA's primary location of practice and made available to the Oregon Medical Board upon request. Collaboration agreements will not be submitted to the Oregon Medical Board (section 11A).

Please email elizabeth.ross@omb.oregon.gov with comments or questions about HB 3036 and the implementation process.

 

 

Updated April 2022