[OBCE_Publication] 8/6/21 OHA Rule re: COVID-19 vaccinations and testing
OBCE Oregon * BCE
Oregon.OBCE at oregon.gov
Fri Aug 6 10:41:50 PDT 2021
This message is being sent to all licensees and certificate holders.
08/06/2021 Oregon Health Authority (OHA)'s Final Temporary Administrative Rule re: COVID-19 vaccinations and weekly testing
On 08/05/2021, the OHA filed its final temporary administrative rule, OAR 333-019-1010<https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=280246>, that requires healthcare personnel and healthcare staff who work in healthcare settings to either be vaccinated against COVID-19 or be tested for COVID-19 on at least a weekly basis.
Additionally, it requires employers of healthcare providers or healthcare staff to have and follow policies for requesting and obtaining proof of vaccination, requiring COVID-19 testing for those not vaccinated or who have an unknown vaccination status, on at least a weekly basis, and maintaining documentation of weekly COVID-19 test results for any healthcare provider or healthcare staff person who is unvaccinated or has an unknown vaccination status.
If a healthcare provider is self-employed, the healthcare provider must maintain their own documentation of vaccination or weekly COVID-19 test results. Such documentation must be maintained for at least two years and must be provided to OHA upon request.
These requirements are effective as of September 30, 2021. Those who violate any provision of the rule will be subject to civil penalties of $500 per day per violation, imposed by the OHA.
OBCE licensees (chiropractic physicians and certified chiropractic assistants) fall within OHA's definition of "healthcare providers and healthcare staff." Chiropractic clinics or offices, in addition to any multi-disciplinary clinics, fall within OHA's definition of "healthcare setting." The rule is silent as to who/what entity is responsible for costs associated with this rule.
To be clear, this rule is promulgated and enforceable by OHA. To date, the OBCE has not taken any action or initiated any rulemaking with regard to these requirements.
If you have questions about this rule, please seek independent legal counsel or contact OHA directly: COVID.19 at dhsoha.state.or.us<mailto:COVID.19 at dhsoha.state.or.us>.
OAR 333-019-1010 COVID-19 Vaccination or Testing Requirements for Healthcare Providers and Healthcare Staff in Healthcare Settings<https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=280246>
Oregon Board of Chiropractic Examiners
530 Center St NE, Suite 620
Salem, OR 97301
503-373-1573
oregon.obce at oregon.gov<mailto:oregon.obce at oregon.gov>
www.oregon.gov/obce<http://www.oregon.gov/obce>
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