Rules Proposed and Adopted

The proposed rule amendment: (1) Clarifies that a licensee and health care facility must report a voluntary withdrawal from practice, resignation, or limitation of privileges while the licensee is under investigation within 30 calendar days. The 30-day requirement aligns with the ORS 677.172(1) requirement that all licensees notify the Board of any practice address changes within 30 days. (2) Updates the National Certification Commission for Acupuncture and Oriental Medicine’s (NCCAOM) code of ethics to the 2023 version. (3) Updates the definition of “unprofessional conduct” to include within the practice of acupuncture the failure to meet the standard of care. (4) Updates the definition of “unprofessional conduct” to include discrimination in the practice of medicine, podiatry, and acupuncture, which would make discrimination a ground for discipline. (5) Updates an outdated “Board of Medical Examiners” reference in OAR 847-010-0070.

The proposed rule amendments increase the maximum registration period for a postgraduate limited license from one year to up to five years, not to exceed a postgraduate trainee’s enrollment in the postgraduate program. Currently, postgraduate physicians are granted a 12- or 13-month limited license that must be reapplied for each additional year of training. Reapplying each year creates redundant work for postgraduates, Graduate Medical Education (GME) programs, and OMB staff. The proposed rulemaking would allow a postgraduate physician to select the number of years for the limited license, up to five years and not to exceed their postgraduate training program’s period. Most GME programs in Oregon are 3-4 years. If a postgraduate physician needed additional years, they could reapply. The current postgraduate limited license fee of $185 per year would remain the same; however, the annual registration fee would be paid up front when the license is issued rather than annually with each reapplication. For postgraduate physicians who wish to continue utilizing the current annual application for a one-year limited license, nothing in the rule would prevent them from doing so.

HB 4010 (2024) changed the title “physician assistant” to “physician associate” throughout Oregon statutes on June 6, 2024. The proposed rule amendments implement the PA title change throughout Oregon Medical Board rules.

The rule amendments update the EMS supervising physician application process to align with current practice. The rule also updates EMS supervising physician and agent qualifications by removing the requirement they be a resident or actively practicing in the EMS area, but adds they hold an Active or Emeritus status MD/DO license with the Oregon Medical Board. A license status qualification can easily be determined on OMB’s License Verification webpage. Active status licensees must actively practice in Oregon, with a current Oregon practice address. It can also be granted within certain Oregon bordering regions in California, Idaho, Nevada, or Washington. Emeritus status licensees practice in Oregon for no pay or any other type of compensation; these licensees volunteer their medical skills only. Comments provided prior to August 15, 2024, will be reviewed by the EMS Advisory Committee on August 16, 2024.

The proposed rule amendment adds the Occupational English Test as an approved exam to demonstrate basic English fluency if an acupuncturist passed the NCCAOM exam in a foreign language. The Occupational English Test is an English language test for healthcare professionals. Also, the proposed amendment adds the score required if an applicant chooses to take the TOEFL internet-based test (IBT).