Updates to OAR Chapter 333 — Clinical Laboratory Administrative Rules
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Amendments to Oregon Administrative Rules governing clinical laboratories, updating definitions, licensure/certification language, and aligning references with federal entities and SB 844; affects owners, directors, and operators of clinical laboratories in Oregon.
OAR 333-024-0005 amended with minor editorial changes to clarify purpose language for clinical laboratory regulation.
Definitions in OAR 333-024-0010 amended to align with SB 844 (Oregon Laws 2025, chapter 624) and to update references to state and federal entities.
OAR 333-024-0012 amended to replace references to an outdated state license program with federal CLIA certificate terminology and make minor editorial updates.
Terminology updated to replace 'license' with 'certificate' or 'permit' and remove outdated language and dates to align with SB 844.
Terminology updated in multiple rules to replace 'license' with 'permit' and to update references to state and federal entities and statutes.
Accreditation organizations and laboratories must provide updated notifications and documentation to the Public Health Division, including deemed status, lists of labs, surveys, and proficiency testing actions.
Removal of outdated state licensing language and alignment with statutory changes from SB 844.
OAR 333-024-0395 is amended with minor editorial changes and to update terminology removing reference to state license.
Operational, QC, and Certification Criteria
inv-01: Operational and personnel criteria — laboratory operation, certification, and qualifications of directors
Requirements and prohibitions established for laboratory operation, certification, and qualifications of directors.
inv-02: Certification, operational, fee, and enforcement criteria — requirements, permissions, and restrictions for operation, certification/certificate/permit issuance, fees, and director qualifications
Requirements, permissions, and restrictions for laboratory operation, certification/certificate/permit issuance, fees, and director qualifications.
inv-03: Laboratory operational, director, equipment, calibration, and quality control criteria — requirements and expectations under amended OAR sections
Requirements and expectations laboratories must meet under the amended OAR sections in these chunks:
inv-04: Specialty/Subspecialty QC and operational requirements — QC, procedural, recordkeeping, and supervision by specialty/subspecialty
Quality control, procedural, recordkeeping, and personnel supervision requirements by laboratory specialty/subspecialty.
inv-05: Laboratory operational criteria — operational requirements and obligations for labs and accreditation organizations
Operational requirements and obligations for laboratories and accreditation organizations under amended OAR rules.
inv-06: SOA and laboratory permit requirements — key requirements and criteria from amended OAR sections
Key requirements and criteria extracted from amended OAR sections:
inv-07: Operational and permit criteria — operational requirements, permit and testing criteria for SOA and health screen testing services
Operational requirements, permit and testing criteria for SOA and health screen testing services.
inv-08: Health screen testing operational criteria — operational requirements and allowed scopes for health screen testing services
Operational requirements and allowed scopes for health screen testing services.
Key Coding, Calibration, and QC Values
| CLIA | Federal Clinical Laboratory Improvement Amendments certificate required in lieu of former state license references |
| Defines test categories (waived, physician-performed microscopy, moderate complexity, high complexity) per CLIA/HHS/CDC references. |
| Quality control frequency and levels for chemistry, endocrinology, blood gas, hematology and coagulation testing (e.g., two levels of control each run or each 8 hours as specified). |
| Approved confirmatory methods: chromatography; immunoassay; spectroscopy; mass spectroscopy. Confirmatory test must be performed by a different analytical method than the initial screening method. |
| Clinical laboratories must hold a federal CLIA certificate to operate; health screen testing services must obtain a Division permit and comply with OAR 333-024-0370 through 333-024-0400. |
Provider Duties, Notifications, and Enforcement
Hold CLIA certificate; complete and sign application
Owners and laboratory directors must hold an appropriate federal CLIA certificate; operating a clinical laboratory without a federal CLIA certificate, a valid certificate, or a temporary permit is unlawful. Applications must be executed by the owner or authorized official and include owner, director, location, specialties requested, and other information the Division requires; not-for-profit or government labs with same owner/director may file a single application under specified limits.
- Operation without a CLIA certificate or temporary permit is prohibited except for specified federal or pure research/teaching labs.
- Application must be executed by owner or authorized officer and list owner, director, location, and specialties requested.
- Not-for-profit or state/local government labs with same owner and director may file a single application and may perform a combined total of fifteen test methods in waived/PPM/moderate categories.
Obtain 45‑day temporary permit and comply with required plans/reports
The Division may issue a temporary permit valid for 45 days and may require submission of compliance plans, periodic progress reports, and temporary provisions to protect public health; the Division may cancel the permit if the laboratory no longer protects public health and may grant one renewal if in the public interest.
- Temporary permits are valid for 45 days from issuance.
- Division may require plans for compliance and periodic reports while the permit is in effect.
- Division may cancel the temporary permit if public health/safety is threatened and may grant one renewal with fee.
Risk of refusal, suspension, or revocation for violations
The Division may refuse to issue, refuse to renew, suspend, or revoke a certificate or permit for cause, including intentionally false statements, demonstrated incompetence, falsified reports, referring specimens to unlicensed or non‑CLIA labs, misrepresenting scope of services, failing to permit inspections, or failing to meet rule requirements.
- Sanctions include refusal to facilitate issuance or renewal, suspension, or revocation of certificate/permit.
- Grounds include false statements on applications, incompetence per OAR 333-024-0055, falsified reports, improper referrals, misrepresentation of services, and failure to permit inspections or continue to meet requirements.
- Owners/directors must notify Division within 30 days of change of laboratory name or technical supervisor as required.
Director must meet qualifications, be accessible, and limit oversight to ≤5 labs
A laboratory director is responsible for overall operation and administration, including hiring competent staff, QA, proficiency testing and test reporting; a director may direct no more than five laboratories and must be accessible for on-site, telephone, or electronic consultation and may delegate responsibilities in writing.
- Director duties include equipment maintenance review, monthly QC review, review of proficiency testing within 30 days, validation of new procedures, assuring qualified personnel and annual competency assessments.
- A director may serve as director of no more than five laboratories.
- Director may delegate responsibilities in writing to other qualified individuals.
Ensure pathologist/qualified physician supervision for transfusion services
Facilities providing transfusion services must be under adequate control and technical supervision of a pathologist or other qualified MD/DO; they must provide procurement, safekeeping and transfusion capacity, prompt ABO/D typing and compatibility testing, and retain samples of transfused units per facility procedures.
- Transfusion services require supervision by a pathologist or other qualified doctor of medicine or osteopathy.
- Blood and blood products must be stored under appropriate conditions with a 24‑hour audible temperature alarm system and documented inspections.
- Facilities must ensure prompt ABO/D typing, unexpected antibody detection, compatibility testing, and investigation of transfusion reactions either in-house or via approved arrangement.
Follow written histocompatibility procedures and maintain crossmatch availability
Histocompatibility testing must be governed by written criteria and policies covering selection of patient serum samples, crossmatch techniques, preparation and labeling/storage of donor lymphocytes and reagents, reporting crossmatch results, and availability of final crossmatches prior to transplantation when required; monthly verification of personnel reproducibility and documented specimen storage/temperature alarm procedures are required.
- Maintain criteria for selecting patient serum samples for crossmatching and the crossmatch technique.
- Prepare and properly label/store donor lymphocytes, reagents, complement, buffers and dyes; use temperature alarms and emergency storage plans.
- Have final crossmatch results available before organ/tissue transplantation when presensitization is shown and document emergency circumstances.
- Perform monthly unknown specimen verification for each individual to verify reproducibility and maintain records.
Implement written critical‑result reporting and retain test authorization records ≥2 years
Laboratories must develop and follow written procedures for reporting imminent life‑threatening or panic values and must maintain written test authorization or documentation of efforts to obtain written authorization for at least two years; specimens may be examined only at the request of an authorized person, and oral requests must be followed by written authorization within 30 days.
- Written procedures required for reporting life‑threatening/panic values.
- Maintain written test authorization or documentation of attempts to obtain it for a minimum of two years.
- Specimens may only be examined at request of an authorized person; oral requests require written authorization within 30 days.
Prepare for Division investigations, surveys, and potential disciplinary action
The Division may investigate complaints, conduct on‑site validation or random surveys, and take disciplinary action including refusing, suspending, or revoking permits/certificates for specified violations; accredited organizations and labs must provide access and information to enable investigations and surveys.
- Division may investigate complaints, perform complaint or random on‑site validation surveys, and take disciplinary action.
- Accreditation organizations must provide lists, survey schedules, findings, and allow Division access to support investigations.
- Failure to permit inspections or to continue meeting rule requirements are grounds for sanction.
Authorize PT submission to Division and maintain proficiency participation/reapplication
Accredited laboratories must authorize proficiency testing providers to submit PT results to the Division and must reapply for permit/licensure within specified timeframes after loss or withdrawal of accreditation; laboratories must participate in required PT programs and accept consequences for unsuccessful performance.
- Authorize PT providers to submit proficiency testing results to the Division when required.
- Participate in CMS‑approved proficiency testing for applicable analytes at the laboratory's expense.
- Failure in proficiency testing (e.g., two out of three events) can lead to suspension, revocation, or withdrawal of permit until satisfactory performance is demonstrated; reapplication deadlines apply after loss of accreditation.
Submit same specimen for confirmatory testing with a different method before adverse actions
When a positive on‑site SOA screening result will be used to deny or deprive employment or benefits, the exact same specimen must be submitted to a licensed or CLIA‑certified clinical laboratory (or equivalent out‑of‑state lab) for confirmatory testing using a different analytical method before releasing the screening result; approved confirmatory methods include chromatography, immunoassay, spectroscopy, and mass spectroscopy, and out‑of‑state testing must meet or exceed Oregon standards.
- Submit the same specimen for confirmatory testing to a licensed or CLIA‑certified clinical laboratory prior to releasing an on‑site SOA result that may deprive or deny employment/benefits.
- Confirmatory testing must use a different analytical method than the initial screen; approved methods include chromatography, immunoassay, spectroscopy, and mass spectroscopy.
- Out‑of‑state laboratories used for confirmatory testing must meet or exceed Oregon standards/equivalency.
Timely notify Authority of test or ownership/director/location changes and allow inspections
Notify the Authority within six months if analysis of a test is discontinued or added; notify within 30 days of any change of director, owner, laboratory name, or permanent location address; be prepared for on‑site inspections without advance notice during normal business hours and for additional inspections to verify corrections.
- Notify the Authority within six months if a test analysis is discontinued or added.
- Notify the Authority within 30 days of change of director, owner, name, or permanent location address.
- On‑site inspections may be conducted by the Authority at reasonable times without advance notice; additional inspections may be performed to verify corrective actions.
Definitions and Term Clarifications
Rule Changes and Rationale Summary
These amendments make editorial and terminology updates to OAR chapter 333 to align rule language with SB 844 (Oregon Laws 2025, chapter 624) and to replace obsolete references to the prior state licensing program with federal CLIA certificate terminology. The filing describes the changes as minor and editorial in nature and explicitly indicates removal of outdated state license references and substitution with federal certificate/permit language (no substantive coverage changes are identified in the extracted portions).
Key operational clarifications include reinstating federal certification as the controlling credential (reference to CLIA certificates in place of a state license), updating definitions and agency references to align with CMS/other federal entities, and replacing usages of the term “license” with “certificate” or “permit” where applicable. The amendments also clarify administrative items such as application execution, fee requirements, and notification timeframes without changing the underlying quality, safety, or testing obligations for laboratories.
The rule package preserves existing laboratory standards for equipment maintenance, calibration and quality control, record retention, proficiency testing expectations, director qualifications and limits, and permitted health screen tests. Where numeric thresholds or timing are referenced in the rule text (for example, equipment calibration at least every six months, temporary permit validity of 45 days, director oversight limit of five laboratories, and health screen triglyceride fasting of 12 to 16 hours), those values are retained and described in the amended text rather than changed. The filing characterizes these updates as editorial and non-material with respect to coverage or clinical requirements in the extracted portions.
Policy Revision Timeline
Amendments to multiple OAR 333-024 rules became effective (file shows effective date 05/21/2026).
Agency approved the rule amendments (Agency approved date 05/04/2026).
Notice of proposed rule changes was filed (notice filed date 03/18/2026) describing editorial and terminology updates across multiple sections including definitions and health screen testing rules.
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