In 2021, the Oregon Legislature passed House Bill 3036 to modernize physician assistant (PA) practice in Oregon and remove administrative barriers. These changes took effect in phases starting January 15, 2022, and July 15, 2022. HB 3036 removed parts of state regulation and allows broader discretion at the PA practice level for employers and/or physicians to structure PA practice through a collaboration agreement and collaborative practice. In 2023, the Oregon Legislator passed
House Bill 2584 (2023) to fully implement PA collaborative practice that was created in HB 3036. The Oregon Medical Board (OMB) still regulates the individual physicians and PAs as provided in the Medical Practice Act (ORS 677) to ensure patient safety.
To practice in Oregon a PA must have a collaboration agreement in place. A PA practicing on or after January 1, 2024, without a collaboration agreement is practicing in violation of the Medical Practice Act. The OMB terminated all remaining practice agreements or practice descriptions on January 1, 2024.
PA collaboration agreements are not filed with the OMB and the OMB will not maintain or track agreements. Collaboration agreements must be kept on file at the PA's primary location of practice and only made available to the Oregon Medical Board upon request. The physician or employer with whom the PA enters a collaboration agreement must provide a copy of the collaboration agreement to the PA.
Resources:
Rulemaking Overview
The Board used a multi-phased rulemaking plan to implement changes:
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Rulemaking #1: Amended 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 OAR 847-050.
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Rulemaking #2: Amended telemedicine rules to add a PA telemedicine status license, operational on January 15, 2022 (HB 3036 sections 3-6). See OAR 847-025.
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Rulemaking #3: Amended licensure fee rules to add a PA telemedicine license status, operational on January 15, 2022. See OAR 847-005-0005.
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Rulemaking #4: Amended sections of PA rules to shift PA practice from a supervision to a collaboration model and requiring collaboration agreements, operational on July 15, 2022.. For development of these rules, the OMB gathered input from a workgroup of PAs, physicians, a representative from a supervising physician organization (SPO), and representatives of professional associations. See OAR 847-050.
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Rulemaking #5: In 2023, the Oregon Legislator passed HB 2584 (2023) to fully implement PA collaborative practice created in HB 3036 (2021). The bill clarifies that PAs practice medicine; outlines a PA's duty of care; defines a PA's scope of practice is based on their education, training, and experience; updates the employer definition for collaboration agreements; and removes the requirement that a PA's collaboration agreement include the PA's performance assessment. The rulemaking amendments aligned with these updates. Additionally, all PAs were required to enter into a collaboration agreement by December 31, 2023. Practice agreements and practice descriptions are no longer valid on January 1, 2024. The rulemaking amendments and repeals remove aspects of the PA supervision practice model, see
OAR 847-050.
HB 3036 Workgroup
In 2022, the Board hosted a workgroup to review and make recommendations to draft rules implementing HB 3036 sections 10 and 11A, shifting PA 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. Materials and minutes are available via a
public records request.
Please email elizabeth.ross@omb.oregon.gov with questions about PA collaborative practice.