Or. Admin. Code § 847-010-0130 - Medical Chaperones

(1) As of July 1, 2023, a licensee must offer a trained chaperone to be physically present for all:

(a) Genital and rectal examinations regardless of gender; and

(b) Breast examinations for patients who identify as female.

(2) The licensee must ensure that the chaperone:

(a) Is not a personal friend or relative of the patient or licensee; and

(b)

(A) Holds an active Oregon license to practice a health care profession; or

(B) Completes a course for medical chaperones approved by the Oregon Medical Board.

(3) During a breast, genital, or rectal examination when a chaperone is requested, the chaperone may not participate in acts that would obstruct or distract the chaperone from observing the licensee's behavior and actions throughout the exam, procedure, or clinical encounter.

(4) For all breast, genital, and rectal examinations, the presence or absence of a chaperone must be documented in the patient chart.

(5) The patient may decline the presence of a chaperone for a breast, genital, and rectal examination. If the patient declines, the licensee:

(a) May defer the breast, genital, or rectal examination if, in the provider's judgment, deferring the examination is in the best interest of the patient and the licensee.

(b) May perform the examination and document the patient's consent to proceed without the presence of a chaperone.

(6) A licensee is not required under this rule to offer a chaperone be present in circumstances in which it is likely that failure to examine the patient would result in significant and imminent harm to the patient, such as during a medical emergency.

(7) A licensee is not required to offer a chaperone if a chaperone is already present in the normal course of the examination.

Notes

Or. Admin. Code § 847-010-0130

OMB 18-2022, adopt filed 10/12/2022, effective 10/12/2022

Statutory/Other Authority: ORS 677.265

Statutes/Other Implemented: ORS 677.265