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Rulemaking Activity

Rulemaking Activity

Information relating to rulemaking actions by the Health Care Regulation and Quality Improvement section can be accessed below and includes information on how a person or community affected by our regulatory functions may apply to serve on a Rule Advisory Committee (RAC). RACs are an important process that allow members of the public and communities to provide input and suggestions during the development of new rules or amending current rules.

OAR chapter 333, division 501, 503, and 510 - Hospital Staffing Procedures and Requirements to Comply with HB 2697 (2023)

The Oregon Health Authority (OHA), Public Health Division is temporarily amending OAR 333-510-0002 and 333-510-0045, temporarily adopting OAR 333-503-0002, 333-503-0005, 333-503-0010, 333-503-0020, 333-503-0040, 333-503-0050, 333-503-0060 and temporarily suspending OAR 333-501-0035, 333-501-0040, 333-501-0045, 333-510-0105, 333-510-0105, 333-510-0110, 333-510-0115, 333-510-0120, 333-510-0125, 333-510-0130, 333-510-0135, 333-510-0140 in alignment with House Bill 2697 (2023), Hospital Staffing.

House Bill 2697 (Oregon Laws 2023, Chapter 507), which went into effect on September 1, 2023, requires OHA to adopt administrative rules to implement the process for receiving complaints under ORS 441.171 and Section 12 of HB 2697 related to filing complaints about missed meal and rest breaks. In addition, certain existing rules are no longer necessary or supported by law given the legislative changes, resulting in the need to suspend multiple rules. To comply with the January 1, 2024, deadline to adopt rules, OHA is adopting, amending and suspending through temporary rules effective January 1, 2024. OHA will effectively engage a diverse group of partners to provide input on permanent rulemaking in early 2024.

These temporary rules are effective January 1, 2024 through June 28, 2024.

Please see the following links for more information, including the full rule text of the temporary rules and the Need and Justification for this rulemaking and fact sheet.
If you have any questions or would like prefer to receive a paper copy of the above referenced documents, please contact mailbox.nursestaffing@odhsoha.oregon.gov.

Document accessibility: For individuals with disabilities or individuals who speak a language other than English, OHA can provide information in alternate formats such as translations, large print, or braille. Contact our office at 1-971-673-0540 or mailbox.nursestaffing@odhsoha.oregon.gov


OAR chapter 333, division 550 - Projects and Proposals Subject to Certificate of Need Review

The Oregon Health Authority (OHA) is temporarily amending OAR 333-550-0010 relating to projects and proposals subject to Certificate of Need (CN) review. The proposed amendment specifies that changes in health services that include the transfer of health services within the same service area (as defined in OAR 333-590-0040), within the same health system, after the closure of one hospital, and that do not result in a substantial increase in services, do not meet the statutory definition for a "new hospital", and therefore, are not subject to Certificate of Need review. This amendment will allow OHA to preserve services in a community where the closure of a hospital would otherwise result in reduced access to critical specialty care. 

This temporary rule is effective September 21, 2023 through March 18, 2024. 

If you have any questions or would like prefer to receive a paper copy of the above referenced documents, please contact mailbox.hclc@odhsoha.oregon.gov​.

Document accessibility: For individuals with disabilities or individuals who speak a language other than English, OHA can provide information in alternate formats such as translations, large print, or braille. Contact our office at 1-971-673-0540 or mailbox.hclc@odhsoha.oregon.gov

Notice of Proposed Rulemaking - OAR 333-275-0010 - "Definition of Dialysis Facility or Center"

The Oregon Health Authority (Authority), Public Health Division, Health Care Regulation and Quality Improvement section is proposing to permanently amend Oregon Administrative Rules in chapter 333, division 275 by updating the definition for 'dialysis facility or center.' This modification is in response to SB 965 (2023 Oregon Laws, chapter 199, §5) which adopts the definition of "outpatient renal dialysis facility" under ORS 442.015. The current definition refers to antiquated terms that are no longer in use. 

Persons are invited to review and comment on the proposed rules. Written comments may be filed before 5:00 p.m. Pacific Time on January 22, 2024 by submitting them to the Public Health Division Rules Coordinator at the following address:

OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232

Comments may be emailed to: PublicHealth.Rules@odhsoha.oregon.gov or sent by fax to (971) 673-1299.

Final rules will be filed after consideration of all comments. 

For more details, please see the following link for the Notice of Proposed Rulemaking, including the Statement of Need, Fiscal and Racial Equity Impact and the full text of the proposed rules:
 Person who have questions or would prefer to receive a hardcopy, may contact Mellony Bernal at mellony.c.bernal@oha.oregon.gov​

Accessibility Statement: For individuals with disabilities or individuals who speak a language other than English, OHA can provide information in alternate formats such as translations, large print, or braille. Contact the Public Health Division at 971-673-1222, 711 TTY or publichealth.rules@odhsoha.oregon.gov. 

Notice of Proposed Rulemaking for OAR 333-270-0030 - "Adding Reference to Portable Order to the Definition of POLST"

​The Oregon Health Authority (Authority), Public Health Division, Health Care Regulation and Quality Improvement section is proposing to permanently amend Oregon Administrative Rules in chapter 333, division 270 by updating the definition of POLST in its administrative rule to reflect references to both "physician order" and "portable order." The POLST Registry was adopted in 2009 under ORS 127.666 and requires the collection and dissemination of information relating to life-sustaining treatment orders to help ensure that an individual's medical treatment preferences when close to end-of-life are followed. The Oregon Health Authority (OHA) has contracted with the Oregon Health and Science University (OHSU) to maintain the POLST registry. The OHSU, Oregon POLST Program updated the term "Physician Order for Life Sustaining Treatment" in 2018 to "Portable Orders for Life Sustaining Treatment." The purpose of this update was to recognize that orders for life-sustaining treatment may be authorized not only by physicians, but nurse practitioners and physician assistants as well. 
 ​
Persons are invited to review and comment on the proposed rules. Persons may file written comments before 5:00 p.m. Pacific Time on January 22, 2024 by submitting them to the Public Health Division Rules Coordinator at the following address:

OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232

E-mail comments to: PublicHealth.Rules@odhsoha.oregon.gov.  You may also send comments by fax to (971) 673-1299.

Final rules will be filed after consideration of all comments. 

For more details, please see the following link for the Notice of Proposed Rulemaking, including the Statement of Need, Fiscal and Racial Equity Impact and the full text of the proposed rules:
If you have any questions or would prefer to receive a hardcopy, please contact Mellony Bernal mellony.c.bernal@oha.oregon.gov

Accessibility Statement: For individuals with disabilities or individuals who speak a language other than English, OHA can provide information in alternate formats such as translations, large print, or braille. Contact the Public Health Division at 971-673-1222, 711 TTY or publichealth.rules@odhsoha.oregon.gov




Birthing Center Rule Advisory Committee 

This RAC is reviewing proposed amendments to the licensing requirements for a birthing center.
RAC member recruitment is closed.

​5.30.2019
​Agenda - Minutes
​7.17.2019​​
​​Agenda - Minutes
​9.4.2019
Agenda - Minutes
​10.16.2019
​​Agenda - Minutes
​11.22.2019
​Agenda - Minutes
​1.24.2020
​​Agenda - Minutes
3.2.2020
Agenda - Minutes
​8.3.2020
​​Agenda - Minutes
​7.21.2021
​Agenda - Minutes
​8.24.2021
Agenda - Minutes
9.13.2021
Agenda - Minutes
​10.18.2021
AgendaMinutes
​11.29.2021
Agenda Minutes
​1.10.2022
Agenda - Minutes
​2.15.2022
​​Agenda - Minutes
​3.8.2022
Agenda - Minutes
​10.4.2022
Agenda - Minutes
6.4.2024​ - 9:00 a.m.
​​Agenda (pending)


​​HB 2697 Hospital Staffing RAC

​In 2023 the Oregon Legislature passed House Bill 2697 which made significant changes to Oregon’s hospital staffing laws. The law requires OHA to issue rules related to the process for receiving and processing complaints under the new law. OHA is convening this RAC to provide input to the agen​cy on Hospital Staffing administrative rules beginning with temporary rules. More information about the new hospital staffing law is at www.healthoregon.org/nursestaffing. OHA will engage in permanent rulemaking in early 2024 at which time additional RAC meetings will be convened. More information about that process will be posted here in early 2024.

11.29.2023 - Agenda - Minutes - Presentation​ (pdf)
03.12.2024 - Agenda - Minutes (pending)
03.18.2024 at 1:00 p.m. - Agenda​ - Minutes 

Hospital Housekeeping and Statutory Alignment RAC

This RAC is being convened to consider hospital regulatory requirements given passage of several legislative measures and other requests. Rules are being amended to address; 1) in person inspections, 2) physician assistants, 3) dispersal of opioid reversal medication, 4) dispersal of HIV post exposure prophylactics, 5) equity impact analysis for seeking a waiver; 6) adding providers who may conduct caring contacts; and 7) addition of policy requirements.  The RAC process is complete and permanent rules adopted​.​  

10.11.2023 - Agenda​ - Minutes

In-Home Care Agency QI/QE RAC

This RAC is reviewing changes to the requirements for a qualified individual or  qualified entity to provide training to caregivers employed by an In-home Care Agency (IHCA), as well as clarifying requirements for medication services and orders issued by a physician licensed outside the state of Oregon.  ​The RAC process is complete and permanent rules adopted.

08.01.2023 - Agenda​ - Minutes 

​​​​Health Care Regulation and Quality Improvement Rule Advisory Committee Community Participation ​


The Health Care Regulation and Quality Improvement (HCRQI) section is seeking persons and communities who would be affected by administrative rules relating to any of HCRQIs regulatory functions and who would be interested in serving on a rule advisory committee (RAC).

RACs are an important process that allow members of the public and communities to provide input and suggestions during the development of new administrative rules, amending or repealing existing rules, and identifying the potential fiscal impact on small business as well as the effect on racial equity in Oregon. Diverse opinions and viewpoints are an importand part of the rulemaking process.

The following is a list of administrative rules pertaining to the regulatory and licensing functions of programs within HCRQI. Persons interested in serving on future RACs relating to any of these topics are encouraged to complete the RAC Interest Application form and send to mellony.c.bernal@oha.oregon.gov​. Applications will be saved and applicants contacted when future RACs are convened.
Regulatory programs:
  • Ambulatory surgery centers (OAR 333-076)
  • Caregiver registries (OAR 333-540)
  • Certificate of need (OAR 333-545 through 333-670)
  • Extended stay centers (OAR 333-076)
  • Freestanding birthing centers (OAR 333-076)
  • Health care practitioner referral (OAR 333-072)
  • Hemodialysis technician certification (OAR 333-275)
  • Home health agencies (OAR 333-027)
  • Hospice programs (OAR 333-035)
  • Hospitals (OAR 333-500 through 333-535)
  • In-home care agencies (OAR 333-536)
  • Non-transplant anatomical research recovery organizations (OAR 333-081)
  • Outpatient renal dialysis facilities (OAR 333-700)
  • Physician orders for life sustaining treatments (OAR 333-270)
  • Project plans and construction review for health care facilities, residential care, and assisted living facilities (OAR 333-675)
  • Special inpatient care facilities (OAR 333-071)
  • Tissue bank registries (OAR 333-080)