Rules Proposed and Adopted

Proposed Rules

Written comments for all proposed rulemakings are due by 5 p.m. on November 25, 2024, submit via email to elizabeth.ross@omb.oregon.gov.

847-017-0010: Adds office-based surgery accrediting agency criteria and ACHC as a Board-recognized accreditation agency.

The proposed rule amendment adds the Accreditation Commission for Health Care, Inc. (ACHC) as a Board-recognized accreditation agency for facilities where Level II or Level III office-based surgeries are performed. The proposed rule amendment also adds criteria to review future accrediting agency requests.

847-017-0003: Updates office-based surgery requirements for lipoplasty procedures.

The proposed rule amendment updates the requirements for lipoplasty procedures involving more than 500 cc volume of supernatant fat to add, “whether temporarily or permanently removed, or surgeries involving prone, semi-prone, or any positioning which would compromise the patient’s airway must be performed as a Level II or Level III surgical procedure.” Already by rule lipoplasty procedures may not result in the removal of more than 5% of total body weight or 4500 cc or more volume of supernatant fat, whichever is less. The proposed rule amendment clarifies this includes temporary or permanent removal.

847-001-0024: Delegates authority to the Executive Director or Medical Director to issue Orders for Evaluation.

The proposed rule amendment puts into rule the delegation of authority to the Executive Director or Medical Director to issue Orders for Evaluation, which was authorized by the Oregon Medical Board at its meeting on July 6, 2023.

Written comments for all proposed rulemakings are due by 5 p.m. on November 25, 2024, submit via email to elizabeth.ross@omb.oregon.gov.

Permanent Rules

847-010-0073, 847-010-0070: Clarifies a reporting timeframe, updates NCCAOM code of ethics, and amends definition of unprofessional conduct.

The 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. The amendment is an action item in the Board’s Diversity, Equity, and Inclusion Action Plan. (5) Updates an outdated “Board of Medical Examiners” reference in OAR 847-010-0070.

847-010-0051: Increasing maximum registration period for postgraduate Limited License.

The 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. 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 remains the same; however, the annual registration fee will 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.

847-005-0005, 847-008-0005, 847-008-0010, 847-008-0068, 847-008-0070, 847-010-0066, 847-010-0068, 847-010-0110, 847-010-0200, 847-015-0050, 847-017-0005, 847-025-0000, 847-025-0010, 847-025-0020, 847-025-0030, 847-025-0050, 847-028-0020, 847-035-0030, 847-050-0010, 847-050-0015, 847-050-0020, 847-050-0021, 847-050-0022, 847-050-0023, 847-050-0029, 847-050-0035, 847-050-0041, 847-050-0043, 847-050-0046, 847-050-0060, 847-050-0080, 847-050-0082, 847-065-0010, 847-065-0015: Implementing HB 4010 (2024) to update physician assistant title to physician associate.

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

847-035-0001, 847-035-0020: Updating Qualifications for EMS Supervising Physicians and Agents

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.