OREGON

BULLETIN

Supplements the 2015 Oregon Administrative Rules Compilation

Volume 54, No. 1

January 1, 2015

For November 16, 2014–December 15, 2014

Published by

KATE BROWN

Secretary of State

Copyright 2015 Oregon Secretary of State
Summary: Bovine Trichomoniasis is a sexually transmitted parasitic

infection caused by the microscopic protozoan Tritrichomonas foetus. The disease is spread primarily by infected bulls that do not

exhibit symptoms. Infection causes reproductive failure resulting in

significant monetary losses to the beef industry. Oregon’s bovine trichomoniasis import and disease control rules are included in OAR

603-011-0610 through 0630. There have been advances in laboratory

testing technology and a significant increase in knowledge of the disease. Additionally, there is a national effort to harmonize interstate

testing requirements on bulls. For these reasons we propose updating definitions, clarifying testing procedures and amending importation requirements. 

The quantitative polymerase chain reaction (qPCR) test is the preferred laboratory diagnostic test nationally. It is a particular category of test with multiple companies manufacturing kits, machines and

reagents. Removal of specific references to trade names in the rules

is proposed. We would like to clarify that trichomoniasis testing be

performed by a certified veterinarian. The current wording refers to

a certified person. We also propose that the qPCR test be the defining test for importation purposes and that the virgin status age of bulls

be amended from 12 months to 18 months of age. These changes will

harmonize Oregon’s rules with the majority of states.

The Agency received input and approval of the proposed rule

changes from the Oregon Cattlemen’s Association’s Trichomoniasis

Advisory Committee.

Rules Coordinator: Sue Gooch

Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR

97301

Telephone: (503) 986-4583

Department of Consumer and Business Services, 

Insurance Division

Chapter 836

Rule Caption: Amend long term care rules to protect consumers

and adopt recent model regulation changes.

Date: Time: Location:

1-21-15 1:30 p.m. 350 Winter St. NE

Salem, OR 97301

Hearing Officer: Jeannette Holman 

Stat. Auth.: ORS 731.244 

Stats. Implemented: ORS 742.005

Proposed Adoptions: 836-010-0680

Proposed Amendments: 836-052-0531, 836-052-0566, 836-052-

0636, 836-052-0676, 836-052-0740, 836-052-0746

Last Date for Comment: 1-26-15, Close of Business

Summary: The rulemaking adds a new rule and modifies existing

rules to incorporate desired pieces of the August, 2014 NAIC Long

Term Care Insurance Model Regulation. In addition, new policy

options are established for Long Term Care Partnership Policies

while still complying with federal requirements.

Rules Coordinator: Victor Garcia

Address: Department of Consumer and Business Services, Insurance

Division, 350 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-7260

Rule Caption: Limitation on the use of discretionary clauses in

insurance contracts.

Date: Time: Location:

1-22-15 1:30 p.m. 350 Winter St. NE

Salem, OR 97301

Hearing Officer: Jeannette Holman 

Stat. Auth.: ORS 731.244 

Stats. Implemented: ORS 742.005

Proposed Adoptions: Rules in 836-010

Last Date for Comment: 1-27-15, Close of Business

Summary: This proposed rule prohibits the use of discretionary

clause language in insurance contracts for all lines of insurance. 

Limited use of discretionary clause language is allowed in contracts

governed by the Employee Retirement Income Security Act, 29

U.S.C. 1001 et seq. A new rule(s) is proposed for OAR 836-010, with

the exact number(s) to be determined before the rile is filed.

Rules Coordinator: Victor Garcia

Address: Department of Consumer and Business Services, Insurance

Division, 350 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-7260

Rule Caption: Adoption of Uniform Prescription Drug Prior

Authorization Request Form

Date: Time: Location:

1-20-15 2 p.m. Labor & Industries Bldg., Rm. E

350 Winter St. NE

Salem, OR

Hearing Officer: Jeannette Holman 

Stat. Auth.: ORS 731.244 & 743.065 

Stats. Implemented: ORS 743.065

Proposed Adoptions: 836-053-1205

Last Date for Comment: 1-27-15, Close of Business

Summary: This new proposed permanent rule adopts requirements

for payers to accept a uniform prescription drug prior authorization

form. This requirement was established by the 2013 Legislative

Assembly in Senate Bill 382 (SB 382). Acceptance of a uniform form

by all payers in Oregon is expected to streamline and simplify

requests for prior approval for prescription drugs prescribed by

providers. The proposed rule applies to payers as defined in ORS

743.061 which includes health insurers, third party administrators,

prepaid managed care health services organizations , any person or

public body that either individually or jointly establishes a self-insurance plan, program or contract, including but not limited to persons

and public bodies that are otherwise exempt from the Insurance Code

under ORS 731.036, health care clearinghouses or other entities that

process or facilitate the processing of health care financial and

administrative transactions from a nonstandard format to a standard

format and any other person identified by the department that

processes health care financial and administrative transactions

between a health care provider and an entity described in this 

subsection.

Rules Coordinator: Victor Garcia

Address: Department of Consumer and Business Services, Insurance

Division, 350 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-7260

Rule Caption: Adoption of Annual and Supplemental Statement

Blanks and Instructions for Reporting Year 2014

Stat. Auth.: ORS 731.244, 731.574 & 733.210

Stats. Implemented: ORS 731.574 & 733.210

Proposed Amendments: 836-011-0000

Last Date for Comment: 1-23-15, Close of Business

Summary: This rulemaking prescribes, for reporting year 2014, the

required forms for the annual and supplemental financial statements

required of insurers and health care service contractors under ORS

731.574, as well as the necessary instructions for completing the

forms.

Rules Coordinator: Victor Garcia

Address: Department of Consumer and Business Services, Insurance

Division, 350 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-7260

Department of Environmental Quality

Chapter 340

Rule Caption: Grants Pass Carbon Monoxide and Particulate

Matter (PM10) Limited Maintenance Plans

Date: Time: Location:

1-22-15 6 p.m. Grants Pass 

City Council Chambers

101 NW ‘A’ St.

Grants Pass, OR 97526

NOTICES OF PROPOSED RULEMAKING

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Hearing Officer: DEQ Staff 

Stat. Auth.: ORS 468.020 & 468A.025 

Stats. Implemented: ORS 468A.025 & 468A.035

Proposed Amendments: 340-200-0040

Last Date for Comment: 1-26-15, 5 p.m.

Summary: Short summary:

DEQ proposes rules to update Oregon maintenance plans

designed to protect air quality in Grants Pass for carbon monoxide

(CO) and for particulate matter 10 microns and smaller (PM10) as

required by federal law. Because CO and PM10 pollution levels have

been very low and the area is unlikely to exceed health standards in

the future, the area qualifies and DEQ proposes limited maintenance

plans that streamline requirements and eliminate costly computer

modeling requirements for transportation conformity analysis. 

DEQ proposes the Oregon Environmental Quality Commission

approve the proposed rules for incorporation into the Oregon Clean

Air Act State Implementation Plan and submittal to the U. S. Environmental Protection Agency for its approval under the federal Clean

Air Act.

Brief history:

Under the Clean Air Act, EPA sets air quality standards to protect

public health for six common air pollutants. EPA established the CO

standard at 35 parts per million for a 1-hour average and at 9 parts

per million for an 8-hour average. EPA established the PM10 standard at 150 micrograms per cubic meter for a 24-hour average and

at 50 micrograms per cubic meter for an annual average. The Clean

Air Act requires communities that exceed these health standards to

adopt plans to achieve and maintain good air quality. 

In addition to the PM10 standard, EPA adopted the PM2.5 standard in 1997, for smaller or fine particulate matter 2.5 microns in size

or less, since the smaller inhalable particles have been found to pose

a greater health risk. Grants Pass has never violated the PM2.5 standard. 

In the mid to late 1980s, Grants Pass exceeded the 8-hour CO standard and the 24-hour PM10 standard. The area was designated as a

nonattainment area for CO in 1985 and for PM10 in 1990. In

response, EQC adopted attainment plans with CO and PM10 control

measures to reduce pollution levels within the urban growth boundary to meet the federal standards. This resulted in significant

improvement in air quality and Grants Pass was reclassified to attainment for CO in 2000 and PM10 in 2002. EQC adopted the first maintenance plans for Grants Pass at that time. 

EPA requires Oregon to establish second maintenance plans for the

Grants Pass area to ensure compliance with the standards through

2025. EPA provides an option for states to adopt simplified plans,

called limited maintenance plans, for low-risk areas like Grants Pass.

Over the last 25 years, Grants Pass’s CO and PM10 levels have

steadily declined and the area is unlikely to exceed these standards

again. 

Regulated parties:

The proposed rules affect the Middle Rogue Metropolitan Planning Organization. The proposed amendment of OAR 340-200-0040

to incorporate the limited maintenance plans into State of Oregon

Clean Air Act Implementation Plan does not change the regulated

parties.

Rules Coordinator: Meyer Goldstein

Address: Department of Environmental Quality, 811 SW Sixth Ave.,

Portland, OR 97204

Telephone: (503) 229-6478

Department of Fish and Wildlife

Chapter 635

Rule Caption: Oregon Department of Fish and Wildlife Art

Contests

Date: Time: Location:

2-13-15 8 a.m. 4034 Fairview Industrial Dr. SE

Salem, OR

Hearing Officer: ODFW Commission 

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.550, 496.555,

496.558, 496.562, 496.566, 496.574, 497.151, 497.153 

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.550,

496.555, 496.558, 496.562, 496.566, 496.574, 497.151, 497.153

Proposed Adoptions: Rules in 635-095

Proposed Amendments: Rules in 635-095

Proposed Repeals: 635-053-0100, 635-053-0105, 635-053-0111,

635-053-0125

Last Date for Comment: 2-13-15, Close of Hearing

Summary: Amend rules to consolidate and streamline the three

ODFW art contests (Habitat Conservation Stamp, Upland Game Bird

Stamp and Waterfowl Stamp.)

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial

Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033

Department of Human Services, 

Aging and People with Disabilities and 

Developmental Disabilities

Chapter 411

Rule Caption: ODDS — Children’s Intensive In-Home Services

(Behavior Program and Medically Fragile Children’s Services)

Date: Time: Location:

1-21-15 2 p.m. Human Services Bldg.

500 Summer St. NE, Rm. 160

Salem, OR 97301

Hearing Officer: Staff 

Stat. Auth.: ORS 409.050 

Other Auth.: SB 22 (2013 Regular Session) 

Stats. Implemented: ORS 427.005, 427.007, 430.215

Proposed Adoptions: 411-300-0165, 411-300-0175, 411-350-

0075, 411-350-0085

Proposed Amendments: Rules in 411-300, 411-350

Proposed Repeals: 411-300-0140, 411-300-0210, 411-300-0220,

411-350-0118, 411-350-0120, 411-300-0110(T), 411-300-0120(T),

411-300-0130(T), 411-300-0150(T), 411-300-0165(T), 411-300-

0170(T), 411-300-0190(T), 411-300-0200(T), 411-300-0205(T),

411-300-0220(T), 411-350-0020(T), 411-350-0030(T), 411-350-

0040(T), 411-350-0050(T), 411-350-0075(T), 411-350-0080(T),

411-350-0100(T), 411-350-0110(T), 411-350-0115(T)

Last Date for Comment: 1-23-15, 5 p.m.

Summary: The Department of Human Services, Office of Developmental Disability Services (Department) is proposing to update the

children’s intensive in-home services (CIIS) rules in OAR chapter

411, division 300 for the CIIS Behavior Program and OAR chapter

411, division 350 for medically fragile children’s services.

The proposed rules:

- Make permanent temporary rule language that became effective

on August 20, 2014;

- Incorporate the general definitions in OAR 411-317-0000, update

the definitions to reflect correct terminology, and include definitions

for terms created by the temporary rulemaking;

- Incorporate expenditure guidelines;

- Account for changes in service eligibility related to the types of

Medicaid eligibility a child may have and incorporate service eligibility requirements related to the transfer of assets in accordance with

OAR 461-140-0210 to 461-140-0300;

- Clarify when a child may be exited from CIIS and reiterate the

requirement for a Notification of Planned Action in the instance services are terminated;

- Include a timeframe for when a functional needs assessment and

Individual Support Plan (ISP) must be completed and clarify service planning;

- Reflect the completion of the transition period for implementation of the Community First Choice state plan amendment and update

the available supports to reflect changes to the proposed Behavioral

and Hospital Model Waivers;

NOTICES OF PROPOSED RULEMAKING

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