FPS Rulemaking Activity
Information relating to rulemaking actions by the Facilities Planning and Safety Program can be accessed below and includes information about temporary rules, proposed rules out for public comment and recently filed new and amended rules. Persons or communities who may be affected by FPS regulatory functions and who may be interested in serving on a Rulemaking Advisory Committee (RAC) may apply to serve on a RAC. RACs are an important process that allow members of the public and communities to provide input and suggestion during the development of new rules or amending existing rules.
On this page:
Proposed Rules
Recently Amended Rules
Temporary Rules
Rulemaking Advisory Committees in Progress
RAC Participation
Proposed Rules Out for Public Comment
The Oregon Health Authority (OHA), Public Health Division, Facility Planning and Safety (FPS) Program is proposing to permanently amend Oregon Administrative Rules in chapters 333, divisions 71, 76, and 535 relating to the physical environment requirements for ambulatory surgery centers, extended stay centers, hospitals, outpatient renal dialysis facilities and special inpatient care facilities. In addition, the FPS program is proposing to permanently adopt and amend Oregon Administrative Rules in chapter 333, division 675 relating to the project plan review process for health care facilities, residential care and assisted living facilities.
The proposed adoption and amendments to OAR chapter 333, division 675 are being made to provide clearer, streamlined rules. Previously, multiple topics were incorporated into one rule number and these topics have been separated out into their own rule for clarity. Additionally, the proposed changes will ease thresholds for mandatory review by the FPS program and reduces administrative burden by modernizing the process.
In November 2018 and February 2019, separate rulemakings occurred adopting the 2018 Facility Guidelines Institute (FGI), Guidelines for the Construction of Hospitals and the 2018 FGI Guidelines for the Construction of Outpatient Facilities for ambulatory surgery centers, extended stay centers and special inpatient care facilities. In January 2020, an additional rulemaking occurred adopting the FGI guidelines for hospitals and outpatient renal dialysis facilities. All three rulemakings included Oregon specific changes to the FGI requirements. While implementing the rules, it was determined that some changes made in the 2020 rule filing were not reflected in the 2018 and 2019 rule filings and are necessary to align all health care facility types. Amendments are being made to OAR chapter 333, divisions 71, 76 and 535 to address these necessary changes. Additional changes are being made to stringent FGI standards that create an unnecessary financial burden for improving existing conditions in currently licensed health care facilities. Some terminology is also being updated for clarity.
For more details, please see the Notice of Proposed Rulemaking including the Statements of Need and Fiscal and Racial Equity Impacts, and the full text of the proposed rules below:
You are invited to review and comment on the proposed rules. There are two (2) options to provide comment:
1) You may provide oral (spoken) testimony during a public hearing scheduled on Monday, December 16, 2024, at 11:00 A.M. Pacific Time via video/phone conference using Microsoft Teams
- To provide oral testimony during this hearing
- Join using the Meeting URL. You can also find the join link for the meeting in the Notice of Proposed Rulemaking under “Remote Meeting Details” using the “Meeting URL.”
- You may also contact the Public Health Division Rules Coordinator at publichealth.rules@odhsoha.oregon.gov to sign-up to give oral testimony and receive the link for the Microsoft Teams video conference via calendar appointment.
- To join the hearing via phone (audio/listen only), you may dial 971-277-2343, phone conference ID 609 730 851
2) Written comments may be submitted before
5:00 P.M. Pacific Time on December 23, 2024:
OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon St. Suite 930
Portland, OR 97232
* Comments sent by regular mail must be postmarked by 5:00 P.M. Pacific Time on December 23, 2024.
- Send comments by fax to: 971-673-1299
Final rules will be filed after consideration of all comments.
Recently Amended Rules
There are no recently amended rules to post at this time.
Temporary Rules
There are currently no temporary rules in effect at this time.
Rulemaking Advisory Committees in Progress
The FPS program is proposing amendments to the project plans and construction review process as well as amendments to the physical environment requirements for hospitals, special inpatient care facilities, ambulatory surgery centers, and extended stay centers. RAC member recruitment is closed and the RAC process has concluded.
General Interest in Participating in Rulemaking Advisory Committees
Persons and communities who would be affected by administrative rules relating to Facility Planning and Safety and who are interested in serving on a Rule Advisory Committee are encouraged to complete a RAC Interest Application Form and send to
mellony.c.bernal@oha.oregon.gov. Interest forms will be saved and applicants contacted when future RACs are convened.