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Laws and Rulemaking

Proposed Administrative Rulemaking

The Board has initiated the following proposed rule amendments for public review and comment. 
 
None at this time. The Board anticipates initiating a permanent rulemaking process in the near future relating to the temporary amendments filed 9/27/2023 (see below).



Recent Administrative Rulemaking


Effective September 27, 2023 - Temporary Rulemaking - OAR 848-010-0015 and OAR 848-010-0022 .  This temporary rule filing amends requirements for applicants educated outside the US relating to English proficiency and work history.  Amending existing rule relating to requirements for demonstrating English language proficiency, removing time limit between NPTE and TOEFL exams and allowing passing scores in specific sections to be achieved over multiple exams.  Also removes requirements for completion of clinical practice and written employer statement for applicants who were educated outside the United States when applying under endorsement.

The Board will be initiating the permanent rulemaking process relating to the same rule.

Please review the filing here: Temp-Filed-09272023-OAR-Div10.pdf

Effective July 1, 2023  - OAR 848-005-0010 : OBPT 2023-2025 Biennium BudgetThe amendment adopts the Board's budget for the 2023-2025 biennium, which runs July 1, 2023 through June 30, 2025. The proposed budget represents a 6.44% increase over the prior biennium budget and does not include any fee increases.
Please review the filing here: Filed-070123-848-005-0010.PDF

Effective April 1, 2023  - OAR 848-055-0001 : Physical Therapy Compact Commission Rules. The amendment adopts the most recent version of the Physical Therapy Compact Commission Rules (PTCC), as adopted by the PTCC in October 2022.
Please review the filing here: Filed-040123-848-055-0001.pdf

Effective April 1, 2023 -  OAR 848-010-0015.  This amendment to rule clarifies meaning of 90-day window for completion of NPTE prior to graduation.
Please review the filing here: Filed-040123-848-010-0015.pdf

Effective January 25, 2023 - OAR 848-040-0107.  This new permanent rule implements HB2359(2021) requirements for use of the Oregon Health Authority's health care interpreter central registry and clarifies exemption for practitioners working in educational settings. HB 2359 (2021) requires licensees who are 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 limited English proficiency or who prefers to communicate in a language other than English or who communicates in signed language. The rule aligns with OAR 333-002-0250 adopted by the Oregon Health Authority. See the Health Care Interpreter webpage for more information. This filing also repeals the temporary version of the same rule.
Please review the filing here: Filed-01252023-848-040-0107.pdf

Effective October 21, 2022 - OAR 848-035-0030, 848-035-0020 and 848-0350040 : Revisions and clarifications to Continuing Competence Requirements.  These amendments permanently remove the exam requirement for online courses, update language in the cultural competency requirement to match changed language in governing OHA rules, clarify timing for carryover requests, remove 60-day window for hardship requests, and clarify language relating to course completion documentation
Please review the filing here: Filed-10212022-Div35.pdf

Effective October 20, 2022 - Temporary Rulemaking - OAR 848-040-0107.  This temporary rule filing adopts a new rule to implement HB2359(2021) requirements and clarifies exemption for practitioners working in educational settings. HB 2359 (2021) requires 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 limited English proficiency or who prefers to communicate in a language other than English or who communicates in signed language. The rule aligns with OAR 333-002-0250 adopted by the Oregon Health Authority. See the Health Care Interpreter webpage for more information. 
The Board will be initiating the permanent rulemaking process relating to the same rule.
Please review the filing here: Temp-Filed-10202022-848-040-0107.pdf

Effective June 28, 2022 - OAR 848-035-0030 : Modifying pain management education requirements.  This amendment makes permanent the temporary rule amendment passed earlier to align rule language with recent statutory changes pertaining to pain management education requirements for initial licensure and continuing competence. Completion of the online pain management module is now required at renewal as well as initial licensure; other requirements (six additional hours for PTs) have been eliminated.  This amendment used the language of the temporary rule previously in effect, with one minor clarification.

Please review the filing here: Filed-06282022-848-035-0030.pdf

Effective January 1, 2022 - OAR 848-035-0030 : Modifying pain management education requirements.  This temporary rule amendment, effective 1/1/2022, aligns rule language with recent statutory changes pertaining to pain management education requirements for initial licensure and continuing competence. Completion of the online pain management module is now required at renewal as well as initial licensure; other requirements eliminated.

Please review the filing here: Temp-Filed-12132021-848-030-0030.pdf

Effective Dec 13, 2021 - OAR 848-055-0001 : Physical Therapy Compact Commission Rules. 
The amendment adopts the most recent version of the Physical Therapy Compact Commission Rules (PTCC), as adopted by the PTCC in October 2021.

Please review the filing here:  Filed-12132021-848-055-0001.pdf

Effective Dec 13, 2021 - OAR 848-010-0026 : Clarifying requirements for temporary permit by examination; removing temporary permit by endorsement.  The amendments clarify the requirements for qualification and supervision of temporary permit holders for applicants by examination and also remove a temporary permit for applicants by endorsement, to reflect statutory requirements.

Please review the filing here: Filed-12132021-848-010-0026.pdf

Effective Dec 13, 2021 - OAR 848-035-0030 : Waving exam requirement for online continuing competence courses for 2020-2022 certification period; other clarifications.  The amendments make permanent the online course exam requirement exemption for the 2020-2022 certification period, which was implemented via temporary rule due to impacts on access to continuing education options as a result of the COVID-19 pandemic.  The amendments also allow for licensees to receive more than 1 hour of credit for the online pain management module if the course taken was greater than 1 hour, as the Pain Management Commission has recently increased the course to 1.5, and the duration may change again in the future. 

Please review the filing here: Filed-12132021-848-035-0030.pdf

Effective Sept 24, 2021 - OAR 848-045-0020 : Amending rule to clarify compliance requirement.  Oregon Health Authority has implemented administrative rules, at the direction of the Governor, mandating certain compliance actions by healthcare workers including practitioners licensed by the Board of Physical Therapy.  This temporary amendment clarifies the requirement for licensees to comply with these rules, and that failure to comply may be grounds for disciplinary action.

Please review the filing here: TempRule-848-045-0020-2021.pdf

Effective August 9, 2021 - OAR 848-005-0020: Amending rule to raise fees for initial application and renewal; eliminate duplicate license fee.  This amendment raises fees for initial application and renewal applications and eliminates fee for duplicate licenses, which can now be generated as needed directly by license holder.
Please review the filing here:  Filed-08052021-848-005-0010.pdf

Effective July 1, 2021 - OAR 848-005-0010: Adopt the 2021-2023 Biennium Budget for the Oregon Board of Physical Therapy. This amendment adopts the proposed budget for the 2021-2023 Biennium. 
Please review the filing here: Filed-07012021-848-005-0010.pdf
 
Effective May 7, 2021 - OAR 848-035-0030 : Waving exam requirement for online continuing competence courses.  This temporary rule amendment waves the exam requirement for any qualifying online continuing competence courses for the entire current certification period, April 1st, 2020 through March 31st 2022.  The Board intends to initiate permanent rulemaking to make this waiver for the above certification period a permanent rule change.

Please review the filing here:  TempRule-848-035-0030.pdf

Effective May 1, 2021 - OAR 848-040-0175 : Clarifying screening applies to current patient.

This amendment clarifies that screening services can be performed on a current patient by a physical therapist. Please review the filed rule here: Filed-05012021-848-040-0175.pdf

Effective May 1, 2021 - OAR 848-045-0020 : Clarifying conduct reporting requirements and standard used by Board for professional ethics.
The amendments provide a) clarification of reporting requirements relating to misconduct to make consistent with other similar statutory reporting requirements, b) identify the specific professional standard of ethics adopted by the Board pursuant to ORS 688.135(5), and c) other changes for clarity.
Please review the filing here: Filed-05012021-848-045-0020.pdf
 
Effective May 1, 2021- OAR 848-005-0015 : Board Member Compensation--relating to board member stipend and qualification for payment.
This filing codifies into rule the policy relating to the performance of board member official duties which qualify for compensation, and at what rate of compensation.  This rule makes permanent the temporary rule filed 2/12/21. 
Please review the filing here: Filed-05012021-848-005-0015.pdf
 
Effective February 12, 2021 - Temporary Rulemaking - Board Member Compensation
This filing codifies into rule the policy relating to the performance of board member official duties which qualify for compensation, and at what rate of compensation.  This rule is effective immediately, and will automatically expire in 180 days, or when superseded by filing of permanent rule. 
Please review the filing here: TempRule-2021BoardMemberComp.pdf
 
Effective February 12, 2021 - OAR 848-055-0001 - PT Compact Commission Rules
The PT Compact Commission made minor updates to their rules, effective October 2020.  Pursuant to ORS 688.240, the Oregon Board of Physical Therapy adopted these rules into Oregon law as part of our participation in the PT Compact.
Please review the filing here: OBPT-PTCompactRules.pdf
 
Effective December 14, 2020 - Temporary Rulemaking - Enforcement of Governor's Executive Orders Relating to a Declared Public Health Emergency
This rule clarifies application of grounds for discipline under existing statute and rule for violations of executive orders during a declared public health emergency.  This rule is effective immediately, and will automatically expire in 180 days. 
Please review the filing here: TempRule-2020HealthEmergency.pdf 

Effective September 18, 2020 - Temporary Rulemaking - Waiver of Exam Requirements for In-Person Events Moved to Online Delivery
In light of the COVID-19 outbreak and the impacts it is having on in-person educational offerings, the Oregon Board of Physical Therapy has taken action to implement a temporary rule allowing for the exam requirement for online/webinar content to be waived for events that were scheduled to be in-person, but moved to an online/webinar format as a result of the pandemic, in cases where there was not already an exam component for the offering.  This rule is effective immediately, and will automatically expire in 180 days.  Please contact the Board office with any questions or to request an extension or waiver.
Please review the filing here: TempRule-2020CC.pdf
 
Effective September 10, 2020 - Temporary Rulemaking - Extension of Application Expiration Date and NPTE 90 Day Requirement
In light of the COVID-19 outbreak and the impacts it is having on the health care system and practitioners, the Oregon Board of Physical Therapy has taken action to implement a temporary rule allowing applicants to extend their application beyond the six month expiration date, and allow applicants who were approved to sit for the NPTE exam up to 90 days before graduation who then have their graduation delayed as a result of the pandemic to request a waiver for that requirement.  This rule is effective immediately, and will automatically expire in 180 days.  Please contact the Board office with any questions or to request an extension or waiver.
Please review the filing here: TempRule-2020Applications.pdf
 
Effective June 19, 2020 OAR 848 Division 35: Continuing Competence
The Board has updated Oregon Administrative Rule 848 Division 35 relating to continuing competence based on recommendations from a rules advisory committee and to implement recent legislation mandating completion of continuing competence relating to cultural competency.  There is no net increase in total hours of continuing competence required each two-year period.  The total required hours remains 24.  Changes include:
  • Addition of mandatory cultural competence requirement for all licensees as required by recent law changes, as well as extending the pain management requirement to PTAs upon initial licensure;
  • Addition of allowance for non-clinical courses up to 8 hours total from four subcategory areas, including personal development/self-care, business/leadership, professional conduct/ethics, and committee work or serving as an officer for OBPT, FSBPT, or state or national professional PT association;
  • Clarification of course qualification criteria and maximum and minimum hours allowed for different coursework;
  • Addition of ability to carry forward limited number of hours taken but not applied in prior certification period to next certification period.

Please review the filing here: OBPT-Div35-062020.pdf 

Effective March 20, 2020 - Temporary Rulemaking - Extension of 2020 Renewal Period
This temporary rule has now expired.
In light of the COVID-19 outbreak and the impacts it is having on the health care system and practitioners, the Oregon Board of Physical Therapy has taken action to implement a temporary rule allowing licensees the ability to defer the renewal of a current license that would otherwise expire 3/31/2020.  Effective immediately, the renewal period is being extended to 5/31/2020. Licensees will be able to complete any remaining CC coursework and renew their license during this period.  All licenses previously set to expire 3/31/2020 have been automatically extended to expire 5/31/2020. 

For those that have already renewed or once a renewal is completed, the license will reflect the standard effective term of 4/1/2020 through 3/31/2022. The term of the renewed license is not changed, nor does the extension otherwise change any requirements of licensure.

The Board does encourage licensees to renew as soon as practical. Please visit the licensee Self-Service Portal at https://obpt.onlineservice.oregon.gov/webs/obpt/  to renew or to print out a copy of your license at any time. Please see the instructions below for more information about the renewal process.
Please review the filing here: TempRule-2020Renewal.pdf