2007 Oregon Code - Chapter 441 :: Chapter 441 - Health Care Facilities
Chapter 441 —
Health Care Facilities
2007 EDITION
HEALTH CARE FACILITIES
PUBLIC HEALTH AND SAFETY
LICENSING AND SUPERVISION OF FACILITIES AND
ORGANIZATIONS
441.015Â Â Â Â Licensing
of facilities and health maintenance organizations; compliance with rules and
standards
441.017Â Â Â Â Exclusions
from licensing requirements for health care facilities
441.020Â Â Â Â Application;
fees
441.022Â Â Â Â Factors
to be considered in licensing
441.025Â Â Â Â License
issuance; rules; renewal; disclosure; transfer; posting
441.030Â Â Â Â Denial,
suspension or revocation of licenses; restrictions on admission
441.037Â Â Â Â Hearings;
procedures; judicial review
441.050Â Â Â Â Additional
remedies
441.055Â Â Â Â Rules;
evidence of compliance; health care facilities to ensure compliance; medical
staff bylaws; peer review; procedure
441.057Â Â Â Â Rules
concerning complaints about care; reporting by employee
441.059Â Â Â Â Access
to previous X-rays and reports by patients of chiropractic physicians
441.060Â Â Â Â Inspections;
approval of plans and specifications; rules; fees
441.061Â Â Â Â Delegation
of health inspections to local governmental agencies; financial assistance
441.062Â Â Â Â Coordination
of inspections; rules
441.063Â Â Â Â Use
of facilities by licensed podiatric physicians and surgeons; regulation of
admission and conduct
441.064Â Â Â Â Use
of facilities by licensed nurse practitioners; rules regarding admissions and
privileges
441.065Â Â Â Â Exemption
of certain religious institutions
441.067Â Â Â Â Inspection
reports, complaint procedures and rules; posting
441.073Â Â Â Â Rules
regarding staff ratio in long term care facilities; variances; posting
441.077Â Â Â Â Revocation
of license and other penalties for imposing restrictions upon certain
physicians; construction of section
441.079Â Â Â Â Eye,
organ and tissue transplants
441.082Â Â Â Â Registration
of organ procurement organization, tissue bank and eye bank; rules; penalties
441.083Â Â Â Â Drug
information to be provided patients of long term and intermediate care
facilities
441.084Â Â Â Â Choice
of patient on suppliers of drugs and supplies
441.085Â Â Â Â Rules
establishing licensing classifications; use of descriptive titles limited
441.087Â Â Â Â General
inspection of long term care facility
441.089Â Â Â Â Application
of Health Care Quality Improvement Act of 1986
441.094Â Â Â Â Denial
of emergency medical services because of inability to pay prohibited
441.096Â Â Â Â Identification
badges
ADMISSION TO OR MOVE FROM LONG TERM CARE
FACILITY OR RESIDENTIAL CARE FACILITY OF PERSON CONVICTED OF SEX CRIME
(Temporary provisions relating to admission to or move from long term
care facility or residential care facility of person convicted of sex crime are
compiled as notes following ORS 441.096)
LONG TERM CARE OMBUDSMAN
441.100Â Â Â Â Definitions
441.103Â Â Â Â Office
of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications
441.107Â Â Â Â Funding
of office
441.109Â Â Â Â Duties
of ombudsman; rules
441.113Â Â Â Â Procedures
to maintain confidentiality
441.117Â Â Â Â Right
of entry into facilities and access to records
441.121Â Â Â Â Report
after investigation; referral to other agencies
441.124Â Â Â Â Notice
of complaint procedures; posting
441.127Â Â Â Â Immunity
of employees
441.131Â Â Â Â Appointment
of designees; qualifications; duties
441.133Â Â Â Â Effect
of ORS 441.100 to 441.153 on right to visitors
441.137Â Â Â Â Long
Term Care Advisory Committee; appointment; confirmation; term; qualifications
441.142Â Â Â Â Duties
441.146Â Â Â Â Appeal
to Long Term Care Advisory Committee
441.147Â Â Â Â Officers;
quorum; meetings; expenses
441.153Â Â Â Â Long
Term Care Ombudsman Account
HOSPITAL NURSING SERVICES
441.160Â Â Â Â Definition
for ORS 441.162 to 441.170
441.162Â Â Â Â Written
staffing plan for nursing services
441.164Â Â Â Â Variances
in staffing plan requirements
441.166Â Â Â Â Need
for replacement staff
441.168Â Â Â Â Leaving
a patient care assignment
441.170Â Â Â Â Civil
penalties; suspension or revocation of license; rules; records; compliance
audits
441.172Â Â Â Â Definitions
for ORS 441.172 to 441.182
441.174Â Â Â Â Retaliation
prohibited
441.176Â Â Â Â Remedies
for retaliation
441.178Â Â Â Â Unlawful
employment practices; civil action for retaliation
441.180Â Â Â Â Hospital
posting of notice
441.182Â Â Â Â Rights,
privileges or remedies of nursing staff
441.192Â Â Â Â Notice
of employment outside of hospital
TRUSTEE TO ENSURE COMPLIANCE WITH CARE RULES
441.277Â Â Â Â Definitions
for ORS 441.277 to 441.323
441.281Â Â Â Â Petition
for appointment of trustee; hearing; order
441.286Â Â Â Â Grounds
for appointment of trustee
441.289Â Â Â Â Powers
and duties of trustee
441.293Â Â Â Â Liability
to trustee for goods and services after notice; effect of nonpayment
441.296Â Â Â Â Liability
for rent or contracts
441.301Â Â Â Â Payment
of expenses when income inadequate
441.303Â Â Â Â Fees
from facilities in addition to license fee; use of fees
441.306Â Â Â Â Compensation
of trustee
441.309Â Â Â Â Trustee
as public employee
441.312Â Â Â Â License
renewal of facility placed in trust
441.316Â Â Â Â Termination
of trust; extension; license revocation
441.318Â Â Â Â Trustee
accounting; lien
441.323Â Â Â Â Effect
of trust on prior obligations or civil or criminal liabilities
MOVES FROM LONG TERM CARE FACILITIES
441.357Â Â Â Â Definitions
for ORS 441.357 to 441.367
441.362Â Â Â Â Notice
by Department of Human Services prior to move or termination; hearing; consent
to move; who may consent
441.367Â Â Â Â Facility
required to give notice of base rate and policy on nonpayment; rules; notice of
changes; civil penalty
FINANCING OF HEALTH CARE FACILITIES
CONSTRUCTION
441.525Â Â Â Â Definitions
for ORS 441.525 to 441.595
441.530Â Â Â Â Policy
441.532Â Â Â Â Municipalities
authorized to create authority; issuance of obligations; conditions; purpose of
authority
441.535Â Â Â Â Procedure
to create public authority
441.540Â Â Â Â Board
of directors; rules; conflict of interest; quorum; personnel
441.545Â Â Â Â Authority
may not levy taxes
441.550Â Â Â Â General
powers
441.555Â Â Â Â Issuance
of revenue obligations; nature of obligation; refunding
441.560Â Â Â Â Borrowing;
bond anticipation notes
441.565Â Â Â Â Obligations
of authority not obligations of municipality
441.570Â Â Â Â Payment
of principal and interest
441.575Â Â Â Â Authorities
may act jointly
441.580Â Â Â Â Authority
as public body; tax status of assets, income and bonds
441.585Â Â Â Â Disposition
of excess earnings; disposition of assets on dissolution
441.590Â Â Â Â Authority
granted by ORS 441.525 to 441.595
441.595Â Â Â Â Construction
of ORS 441.525 to 441.595
LONG TERM CARE FACILITIES
(Nursing Home PatientsÂ’ Bill of Rights)
441.600Â Â Â Â Definitions
for ORS 441.600 to 441.625
441.605Â Â Â Â Legislative
declaration of rights intended for residents
441.610Â Â Â Â Nursing
home patientsÂ’ bill of rights; rules
441.612Â Â Â Â Additional
rights; rules
441.615Â Â Â Â Powers
and responsibilities of department; rules
441.620Â Â Â Â Disclosure
of business information required
(Enforcement of Nursing Home Laws)
441.624Â Â Â Â Purpose
441.625Â Â Â Â Retaliation
against resident exercising rights prohibited
(Resident Abuse)
441.630Â Â Â Â Definitions
for ORS 441.630 to 441.680 and 441.995
441.635Â Â Â Â Legislative
finding
441.637Â Â Â Â Rules;
submission of rules to advisory group
441.640Â Â Â Â Report
of suspected abuse of resident required
441.645Â Â Â Â Oral
report to area agency on aging, department or law enforcement agency
441.650Â Â Â Â Investigation
of abuse complaint; initial status report; content; distribution of report;
duties of investigator; investigation report
441.655Â Â Â Â Immunity
provided reporter of abuse
441.660Â Â Â Â Photographing
resident; photograph as record
441.665Â Â Â Â Record
of reports; classification of investigation report
441.671Â Â Â Â Confidentiality
of reports; when available
441.675Â Â Â Â Certain
evidentiary privileges inapplicable
441.676Â Â Â Â Investigation
of licensing violations; powers of investigator
441.677Â Â Â Â Letter
of determination; determination rules; distribution of letter; notice to
nursing assistant
441.678Â Â Â Â Review
of finding that nursing assistant responsible for abuse; name placed in
registry
441.679Â Â Â Â Preemployment
inquiries; when employment prohibited
441.680Â Â Â Â Spiritual
healing alone not considered abuse of resident
441.685Â Â Â Â Monitors;
designation; duties; peer review of facilities
(Investigation of Complaints)
441.690Â Â Â Â Complainant
may accompany investigator
441.695Â Â Â Â Conduct
of investigation
(Drug Supplies for Unscheduled Leaves)
441.697Â Â Â Â Prescribed
drug supply for unscheduled therapeutic leave from long term care facility;
dispensing of drugs by registered nurse
(Access)
441.700Â Â Â Â Access
to facilities by persons providing services
(Complaint File)
441.703Â Â Â Â Complaint
file; summary; availability on request
CIVIL PENALTIES
441.705Â Â Â Â Definitions
for ORS 441.705 to 441.745
441.710Â Â Â Â Civil
penalties; when imposed
441.712Â Â Â Â Notice
of civil penalty
441.715Â Â Â Â Objective
criteria for civil penalties; rules
441.720Â Â Â Â Remittance
or reduction of penalties
441.740Â Â Â Â Judicial
review
441.745Â Â Â Â Penalties
to General Fund
SUICIDE ATTEMPTS BY MINORS
441.750Â Â Â Â Suicide
attempts by minors; referral; report; disclosure of information; limitation of
liability
441.755Â Â Â Â Report
form; contents
MISCELLANEOUS
441.815Â Â Â Â Smoking
of tobacco in certain hospital rooms prohibited
441.820Â Â Â Â Procedure
for termination of physicianÂ’s privilege to practice medicine at health care
facility; immunity from damage action for good faith report
441.825Â Â Â Â Authority
of hospital to require medical staff to provide professional liability
insurance
PENALTIES
441.990Â Â Â Â Criminal
penalties
441.995Â Â Â Â Factors
considered in determining penalties under ORS 441.630 to 441.680; civil penalty
     441.005 [Amended by 1971 c.730 §1; 1973 c.840 §1; repealed by 1977 c.751 §57]
     441.007 [1973 c.840 §2; repealed by 1977 c.751 §39]
     441.010 [Amended by 1971 c.730 §3; 1973 c.840 §3;
1977 c.751 §18; renumbered 442.300]
LICENSING AND
SUPERVISION OF FACILITIES AND ORGANIZATIONS
     441.015
Licensing of facilities and health maintenance organizations; compliance with
rules and standards. (1) No
person or governmental unit, acting severally or jointly with any other person
or governmental unit, shall establish, conduct, maintain, manage or operate a
health care facility or health maintenance organization, as defined in ORS
442.015, in this state without a license.
     (2) Any health care facility or health
maintenance organization which is in operation at the time of promulgation of
any applicable rules or minimum standards under ORS 441.055 or 731.072 shall be
given a reasonable length of time within which to comply with such rules or
minimum standards. [Amended by 1971 c.730 §4; 1973 c.840 §4; 1977 c.751 §19;
2003 c.14 §249]
     441.017
Exclusions from licensing requirements for health care facilities. For purposes of licensing health care
facilities, health care facility, as defined in ORS 442.015, does not include:
     (1) Facilities established by ORS 430.306
to 430.335 for treatment of alcoholism or drug abuse; and
     (2) Community mental health and
development disabilities programs established under ORS 430.610 to 430.695. [1981
c.231 §2; 1987 c.753 §1]
     441.020
Application; fees. (1)
Licenses for health care facilities including long term care facilities, as
defined in ORS 442.015, shall be obtained from the Department of Human
Services.
     (2) Applications shall be upon such forms
and shall contain such information as the department may reasonably require, which
may include affirmative evidence of ability to comply with such reasonable
standards and rules as may lawfully be prescribed under ORS 441.055.
     (3) Each application shall be accompanied
by the license fee. If the license is denied, the fee shall be refunded to the
applicant. If the license is issued, the fee shall be paid into the State
Treasury to the credit of the Department of Human Services Account for carrying
out the functions under ORS 441.015 to 441.063 and 431.607 to 431.619.
     (4) Except as otherwise provided in
subsection (5) of this section, for hospitals with:
     (a) Fewer than 26 beds, the annual license
fee shall be $750.
     (b) Twenty-six beds or more but fewer than
50 beds, the annual license fee shall be $1,000.
     (c) Fifty or more beds but fewer than 100
beds, the annual license fee shall be $1,900.
     (d) One hundred beds or more but fewer
than 200 beds, the annual license fee shall be $2,900.
     (e) Two hundred or more beds, the annual
license fee shall be $3,400.
     (5) For long term care facilities with:
     (a) Fewer than 16 beds, the annual license
fee shall be up to $120.
     (b) Sixteen beds or more but fewer than 50
beds, the annual license fee shall be up to $175.
     (c) Fifty beds or more but fewer than 100
beds, the annual license fee shall be up to $350.
     (d) One hundred beds or more but fewer
than 200 beds, the annual license fee shall be up to $450.
     (e) Two hundred beds or more, the annual
license fee shall be up to $580.
     (6) For special inpatient care facilities
with:
     (a) Fewer than 26 beds, the annual license
fee shall be $750.
     (b) Twenty-six beds or more but fewer than
50 beds, the annual license fee shall be $1,000.
     (c) Fifty beds or more but fewer than 100
beds, the annual license fee shall be $1,900.
     (d) One hundred beds or more but fewer
than 200 beds, the annual license fee shall be $2,900.
     (e) Two hundred beds or more, the annual
license fee shall be $3,400.
     (7) For ambulatory surgical centers, the
annual license fee shall be $1,000.
     (8) For birthing centers, the annual
license fee shall be $250.
     (9) For outpatient renal dialysis
facilities, the annual license fee shall be $1,500.
     (10) During the time the licenses remain
in force holders thereof are not required to pay inspection fees to any county,
city or other municipality.
     (11) Any health care facility license may
be indorsed to permit operation at more than one location. In such case the
applicable license fee shall be the sum of the license fees which would be
applicable if each location were separately licensed.
     (12) Licenses for health maintenance
organizations shall be obtained from the Director of the Department of Consumer
and Business Services pursuant to ORS 731.072. [Amended by 1957 c.697 §1; 1971
c.650 §19; 1971 c.730 §5; 1973 c.840 §5; 1977 c.284 §4; 1977 c.751 §20a; 1979
c.696 §15; 1987 c.428 §3; 1987 c.918 §7; 1995 c.449 §1; 1997 c.249 §139; 2001
c.100 §2; 2001 c.900 §161]
     441.022
Factors to be considered in licensing. In determining whether to license a health care facility pursuant to
ORS 441.025, the Department of Human Services shall consider only factors
relating to the health and safety of individuals to be cared for therein and
shall not consider whether the health care facility is or will be a
governmental, charitable or other nonprofit institution or whether it is or
will be an institution for profit. [1967 c.584 §2; 1971 c.730 §6; 1973 c.840 §6;
1987 c.428 §4; 2001 c.900 §162]
     441.025
License issuance; rules; renewal; disclosure; transfer; posting. (1) Upon receipt of an application and the
license fee, the Department of Human Services shall issue a license if it finds
that the applicant and health care facility comply with ORS 441.015 to 441.063,
441.085 and 441.087 and the rules of the department provided that it does not
receive within the time specified a certificate of noncompliance issued by the
State Fire Marshal, deputy, or approved authority pursuant to ORS 479.215.
     (2) Each license, unless sooner suspended
or revoked, shall be renewable annually for the calendar year upon payment of
the fee, provided that a certificate of noncompliance has not been issued by
the State Fire Marshal, deputy, or approved authority pursuant to ORS 479.215.
     (3) Each license shall be issued only for
the premises and persons or governmental units named in the application and
shall not be transferable or assignable.
     (4) Licenses shall be posted in a
conspicuous place on the licensed premises as prescribed by rule of the
department.
     (5) No license shall be issued or renewed
for any health care facility or health maintenance organization that offers or
proposes to develop a new health service unless a certificate of need has first
been issued therefor pursuant to ORS 442.340 (1987 Replacement Part) or
approval has been granted under ORS 442.315 or section 9, chapter 1034, Oregon
Laws 1989.
     (6) No license shall be issued or renewed
for any skilled nursing facility or intermediate care facility, as defined in
ORS 442.015, unless the applicant has included in the application the name and
such other information as may be necessary to establish the identity and
financial interests of any person who has incidents of ownership in the
facility representing an interest of 10 percent or more thereof. If the person
having such interest is a corporation, the name of any stockholder holding
stock representing an interest in the facility of 10 percent or more shall also
be included in the application. If the person having such interest is any other
entity, the name of any member thereof having incidents of ownership
representing an interest of 10 percent or more in the facility shall also be
included in the application.
     (7) A license may be denied to any
applicant for a license or renewal thereof or any stockholder of any such
applicant who has incidents of ownership in the facility representing an
interest of 10 percent or more thereof, or an interest of 10 percent or more of
a lease agreement for the facility, if during the five years prior to the
application the applicant or any stockholder of the applicant had an interest
of 10 percent or more in the facility or of a lease for the facility and has
divested that interest after receiving written notice from the department of
intention to suspend or revoke the license or to decertify the home from
eligibility to receive payments for services provided under this section.
     (8) No license shall be issued or renewed
for any long term care facility, as defined in ORS 442.015, unless the
applicant has included in the application the identity of any person who has
incident of ownership in the facility who also has a financial interest in any
pharmacy, as defined in ORS 689.005. [Amended by 1957 c.697 §2; 1961 c.316 §6;
1967 c.89 §3; 1971 c.730 §7; 1973 c.38 §1; 1973 c.840 §7; 1977 c.261 §3; 1977
c.751 §21; 1979 c.336 §1; 1983 c.740 §156; 1985 c.747 §20; 1987 c.428 §5; 1989
c.1034 §4; 2001 c.900 §163]
     441.030
Denial, suspension or revocation of licenses; restrictions on admission. (1) The Department of Human Services,
pursuant to ORS 479.215, shall deny, suspend or revoke a license in any case
where the State Fire Marshal, or the representative of the State Fire Marshal,
certifies that there is a failure to comply with all applicable laws, lawful
ordinances and rules relating to safety from fire.
     (2) The department may deny, suspend or
revoke a license in any case where it finds that there has been a substantial
failure to comply with ORS 441.015 to 441.063, 441.085 or 441.087 or the rules
or minimum standards adopted under ORS 441.015 to 441.063, 441.085 or 441.087.
     (3) The department may suspend or revoke a
license issued under ORS 441.025 for failure to comply with a department order
arising from a health care facilityÂ’s substantial lack of compliance with the
provisions of ORS 441.015 to 441.063, 441.084 to 441.087, 441.162 or 441.166 or
the rules adopted under ORS 441.015 to 441.063, 441.084 to 441.087, 441.162 or
441.166, or for failure to pay a civil penalty imposed under ORS 441.170 or
441.710.
     (4) The department may order a long term
care facility licensed under ORS 441.025 to restrict the admission of patients
when the department finds an immediate threat to patient health and safety
arising from failure of the long term care facility to be in compliance with
ORS 441.015 to 441.063 or 441.084 to 441.087 and the rules adopted under ORS
441.015 to 441.063 or 441.084 to 441.087.
     (5) Any long term care facility that has
been ordered to restrict the admission of patients pursuant to subsection (4)
of this section shall post a notice of the restriction, provided by the
department, on all doors providing ingress to and egress from the facility, for
the duration of the restriction. [Amended by 1959 c.222 §1; 1961 c.316 §7; 1971
c.730 §8; 1977 c.582 §46; 1987 c.428 §6; 1989 c.171 §55; 1991 c.734 §22; 2001
c.609 §8; 2001 c.900 §164; 2007 c.71 §125]
     441.035 [Amended by 1959 c.222 §2; 1959 c.466 §1;
1971 c.730 §9; repealed by 1971 c.734 §21]
     441.037
Hearings; procedures; judicial review. (1) When the Department of Human Services proposes to refuse to issue
or renew a license, or proposes to revoke or suspend a license, opportunity for
hearing shall be accorded as provided in ORS chapter 183.
     (2) Adoption of rules, conduct of
hearings, issuance of orders and judicial review of rules and orders shall be
in accordance with ORS chapter 183. [1971 c.734 §56; 1977 c.582 §47; 1987 c.428
§7; 2001 c.900 §165]
     441.040 [Amended by 1959 c.222 §3; 1971 c.730 §10;
repealed by 1971 c.734 §21]
     441.045 [Amended by 1959 c.222 §4; 1959 c.466 §2;
1971 c.730 §11; repealed by 1971 c.734 §21]
     441.050
Additional remedies.
Notwithstanding the existence and pursuit of any other remedy, the Department
of Human Services may, in the manner provided by law, maintain an action in the
name of the state for injunction or other process against any person or
governmental unit to restrain or prevent the establishment, conduct, management
or operation of a health care facility or health maintenance organization
without a license. [Amended by 1971 c.730 §12; 1973 c.840 §8; 1977 c.751 §22;
1987 c.428 §8; 2001 c.900 §166]
     441.055
Rules; evidence of compliance; health care facilities to ensure compliance;
medical staff bylaws; peer review; procedure. (1) The Department of Human Services shall adopt such rules with
respect to the different types of health care facilities as may be designed to
further the accomplishment of the purposes of ORS 441.015 to 441.087. No rules
shall require any specific food so long as the necessary nutritional food
elements are present.
     (2) Rules describing care given in health
care facilities shall include, but not be limited to, standards of patient care
or patient safety, adequate professional staff organizations, training of staff
for whom no other state regulation exists, suitable delineation of professional
privileges and adequate staff analyses of clinical records. The department may
in its discretion accept certificates by the Joint Commission on Accreditation
of Hospitals or the Committee on Hospitals of the American Osteopathic
Association as evidence of compliance with acceptable standards.
     (3) The governing body of each health care
facility shall be responsible for the operation of the facility, the selection
of the medical staff and the quality of care rendered in the facility. The
governing body shall:
     (a) Ensure that all health care personnel
for whom state licenses, registrations or certificates are required are
currently licensed, registered or certified;
     (b) Ensure that physicians admitted to
practice in the facility are granted privileges consistent with their
individual training, experience and other qualifications;
     (c) Ensure that procedures for granting,
restricting and terminating privileges exist and that such procedures are
regularly reviewed to assure their conformity to applicable law;
     (d) Ensure that physicians admitted to practice
in the facility are organized into a medical staff in such a manner as to
effectively review the professional practices of the facility for the purposes
of reducing morbidity and mortality and for the improvement of patient care;
and
     (e) Ensure that a physician is not denied
medical staff membership or privileges at the facility solely on the basis that
the physician holds medical staff membership or privileges at another health
care facility.
     (4) The physicians organized into a
medical staff pursuant to subsection (3) of this section shall propose medical
staff bylaws to govern the medical staff. The bylaws shall include, but not be
limited to the following:
     (a) Procedures for physicians admitted to
practice in the facility to organize into a medical staff pursuant to
subsection (3) of this section;
     (b) Procedures for ensuring that
physicians admitted to practice in the facility are granted privileges
consistent with their individual training, experience and other qualifications;
     (c) Provisions establishing a framework
for the medical staff to nominate, elect, appoint or remove officers and other
persons to carry out medical staff activities with accountability to the
governing body;
     (d) Procedures for ensuring that
physicians admitted to practice in the facility are currently licensed by the
Oregon Medical Board;
     (e) Procedures for ensuring that the
facilityÂ’s procedures for granting, restricting and terminating privileges are
followed and that such procedures are regularly reviewed to assure their
conformity to applicable law; and
     (f) Procedures for ensuring that
physicians provide services within the scope of the privileges granted by the
governing body.
     (5) Amendments to medical staff bylaws
shall be accomplished through a cooperative process involving both the medical
staff and the governing body. Medical staff bylaws shall be adopted, repealed
or amended when approved by the medical staff and the governing body. Approval
shall not be unreasonably withheld by either. Neither the medical staff nor the
governing body shall withhold approval if such repeal, amendment or adoption is
mandated by law, statute or regulation or is necessary to obtain or maintain
accreditation or to comply with fiduciary responsibilities or if the failure to
approve would subvert the stated moral or ethical purposes of the institution.
     (6) The Oregon Medical Board may appoint
one or more physicians to conduct peer review for a health care facility upon
request of such review by all of the following:
     (a) The physician whose practice is being
reviewed.
     (b) The executive committee of the health
care facilityÂ’s medical staff.
     (c) The governing body of the health care
facility.
     (7) The physicians appointed pursuant to
subsection (6) of this section shall be deemed agents of the Oregon Medical
Board, subject to the provisions of ORS 30.310 to 30.400 and shall conduct peer
review. Peer review shall be conducted pursuant to the bylaws of the requesting
health care facility.
     (8) Any person serving on or communicating
information to a peer review committee shall not be subject to an action for
damages for action or communications or statements made in good faith.
     (9) All findings and conclusions,
interviews, reports, studies, communications and statements procured by or furnished
to the peer review committee in connection with a peer review are confidential
pursuant to ORS 192.501 to 192.505 and 192.690 and all data is privileged
pursuant to ORS 41.675.
     (10) Notwithstanding subsection (9) of
this section, a written report of the findings and conclusions of the peer
review shall be provided to the governing body of the health care facility who
shall abide by the privileged and confidential provisions set forth in
subsection (9) of this section.
     (11) Procedures for peer review
established by subsections (6) to (10) of this section are exempt from ORS
chapter 183.
     (12) The department shall adopt by rule
standards for rural hospitals, as defined in ORS 442.470, that specifically
address the provision of care to postpartum and newborn patients so long as
patient care is not adversely affected.
     (13) For purposes of this section, “physician”
has the meaning given the term in ORS 677.010. [Amended by 1965 c.352 §1; 1971
c.730 §13; 1973 c.837 §14; 1973 c.840 §9; 1977 c.261 §4; 1977 c.448 §10; 1977
c.751 §23a; 1987 c.428 §9; 1987 c.850 §2; 1993 c.269 §1; 1995 c.727 §38; 1995
c.763 §1; 1999 c.542 §1; 2001 c.900 §167]
     441.057
Rules concerning complaints about care; reporting by employee. (1) Rules adopted by the Department of Human
Services pursuant to ORS 441.055 shall include procedures for the filing of
complaints as to the standard of care in any health care facility and provide
for the confidentiality of the identity of any complainant.
     (2) No health care facility, or person
acting in the interest of the facility, shall take any disciplinary or other
adverse action against any employee who in good faith brings evidence of
inappropriate care or any other violation of law or rules to the attention of
the proper authority solely because of the employeeÂ’s action as described in
this subsection.
     (3) Any employee who has knowledge of
inappropriate care or any other violation of law or rules shall utilize
established reporting procedures of the health care facility administration
before notifying the department or other state agency of the alleged violation,
unless the employee believes that patient health or safety is in immediate
jeopardy or the employee makes the report to the department under the
confidentiality provisions of subsection (1) of this section.
     (4) The protection of health care facility
employees under subsection (2) of this section shall commence with the
reporting of the alleged violation by the employee to the administration of the
health care facility or to the department or other state agency pursuant to
subsection (3) of this section.
     (5) Any person suffering loss or damage
due to any violation of subsection (2) of this section has a right of action
for damages in addition to other appropriate remedy.
     (6) The provisions of this section do not
apply to a nursing staff, as defined in ORS 441.172, who claims to be aggrieved
by a violation of ORS 441.174 committed by a hospital. [1975 c.360 §2; 1981
c.336 §1; 1987 c.428 §10; 2001 c.609 §16; 2001 c.900 §168]
     441.058 [1977 c.532 §2; 1979 c.168 §1; repealed by
1983 c.781 §8]
     441.059
Access to previous X-rays and reports by patients of chiropractic physicians. The rules of a hospital that govern patient
access to previously performed X-rays or diagnostic laboratory reports shall
not discriminate between patients of chiropractic physicians and patients of
other licensed medical practitioners permitted access to such X-rays and
diagnostic laboratory reports. [1979 c.490 §2]
     441.060
Inspections; approval of plans and specifications; rules; fees. (1) The Department of Human Services shall
make or cause to be made such inspections as it may deem necessary.
     (2) The Department of Human Services may
prescribe by rule that any licensee or prospective applicant desiring to make specified
types of alteration or addition to its facilities or to construct new
facilities shall, before commencing such alteration, addition or new
construction, either prior to or after receiving a certificate of need pursuant
to ORS 442.340 (1987 Replacement Part), if required, submit plans and
specifications therefor to the department for preliminary inspection and
approval or recommendations with respect to compliance with the rules
authorized by ORS 441.055 and 443.420 and for compliance with National Fire
Protection Association standards when the facility is also to be Medicare or
Medicaid certified. The department may require by rule payment of a fee for
project review services at a variable rate, dependent on total project cost.
For health care facilities, the department shall develop a review fee schedule
as minimally necessary to support the staffing level and expenses required to
administer the program. The fee for project review of residential care
facilities shall equal two-thirds that required of health care facilities. The
department may also conduct an on-site review of projects as a prerequisite to
licensure of new facilities, major renovations and expansions. The department
shall, at least annually, with the advice of facilities covered by this review,
present proposed rule changes regarding facility design and construction to
such agencies for their consideration. The department shall also publish a
state submissions guide for health and residential care facility projects and
advise project sponsors of applicable requirements of federal, state and local
regulatory agencies. [Amended by 1965 c.352 §2; 1971 c.730 §14; 1973 c.840 §10;
1985 c.747 §29; 1987 c.428 §11; 1987 c.660 §23; 2001 c.104 §178; 2001 c.900 §169]
     441.061
Delegation of health inspections to local governmental agencies; financial
assistance. (1) Upon
agreement, the Director of Human Services may grant specific authorization to
any county or district board of health to administer and enforce any law or
rules of the Department of Human Services relating to inspections and issuance,
revocation and suspension of licenses, or portion thereof, for long term care
facilities.
     (2) Pursuant to an agreement as provided
in subsection (1) of this section, the director may provide funds and other
resources to the county or district board of health necessary to enable the
county or district board of health to perform the agreed upon functions. [1977
c.261 §2; 1987 c.428 §12]
     441.062
Coordination of inspections; rules. (1) In conducting inspections for the purpose of licensing health care
facilities under ORS 441.020, the Department of Human Services shall avoid
unnecessary facility disruption by coordinating inspections performed by the
department with inspections performed by other federal, state and local
agencies that have responsibility for health care facility licensure.
     (2) Whenever possible, the department
shall avoid duplication of inspections by accepting inspection reports or
surveys prepared by other state agencies that have responsibility for health
care facility licensure for purposes of the inspection required for licensure.
     (3) The department shall adopt all rules
necessary to implement this section. [1995 c.449 §6; 2001 c.900 §170]
     Note: 441.062 was added to and made a part of
441.015 to 441.087 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     441.063
Use of facilities by licensed podiatric physicians and surgeons; regulation of
admission and conduct. The
rules of the hospital shall include provisions for the use of the hospital
facilities by duly licensed podiatric physicians and surgeons subject to rules
and regulations governing the use established by the medical staff and the
podiatric staff of the hospital. The staff comprised of physicians and
podiatric physicians and surgeons shall regulate the admission and the conduct
of the podiatric physicians and surgeons while using the facilities of the
hospital and shall prescribe procedures whereby a podiatric physician and
surgeon’s use of the facilities may be suspended or terminated. [1973 c.279 §2;
2007 c.71 §126]
     441.064
Use of facilities by licensed nurse practitioners; rules regarding admissions
and privileges. (1) The
rules of any hospital in this state may grant admitting privileges to nurse
practitioners licensed and certified under ORS 678.375 for purposes of patient
care, subject to hospital and medical staff bylaws, rules and regulations
governing admissions and staff privileges.
     (2) Rules shall be in writing and may
include, but need not be limited to:
     (a) Limitations on the scope of
privileges;
     (b) Monitoring and supervision of nurse
practitioners in the hospital by physicians who are members of the medical
staff;
     (c) A requirement that a nurse
practitioner co-admit patients with a physician who is a member of the medical
staff; and
     (d) Qualifications of nurse practitioners
to be eligible for privileges including but not limited to requirements of
prior clinical and hospital experience.
     (3) The rules may also regulate the
admissions and the conduct of nurse practitioners while using the facilities of
the hospital and may prescribe procedures whereby a nurse practitionerÂ’s
privileges may be suspended or terminated. The hospital may refuse such
privileges to nurse practitioners only upon the same basis that privileges are
refused to other medical providers.
     (4) For purposes of this section, “physician”
has the meaning given the term in ORS 677.010. [1993 c.34 §1; 1995 c.763 §2]
     Note: 441.064 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 441 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     441.065
Exemption of certain religious institutions. (1) ORS 441.015 to 441.063, 441.085, 441.087 or the rules adopted
pursuant thereto do not authorize the supervision, regulation or control of the
remedial care or treatment of residents or patients in any home or institution
that is described under subsection (2) of this section and is conducted for
those who rely upon treatment solely by prayer or spiritual means, except as to
the sanitary and safe conditions of the premises, cleanliness of operation and
its physical equipment. This section does not exempt such a home or institution
from the licensing requirements of ORS 441.015 to 441.087, 441.525 to 441.595,
441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to 442.463.
     (2) To qualify under subsection (1) of
this section, a home or institution must:
     (a) Be owned by an entity that is
registered with the Secretary of State as a nonprofit corporation and that does
not own, hold a financial interest in, control or operate any facility,
wherever located, of a type providing medical health care and services; and
     (b) Provide 24 hour a day availability of
nonmedical care and services.
     (3) As used in this section:
     (a) “Medical health care and services”
means medical screening, examination, diagnosis, prognosis, treatment and drug
administration. “Medical health care and services” does not include counseling
or the provision of social services or dietary services.
     (b) “Nonmedical care and services” means
assistance or services, other than medical health care and services, provided
by attendants for the physical, mental, emotional or spiritual comfort and well
being of residents or patients. [Amended by 1971 c.730 §17; 1973 c.840 §11;
1977 c.751 §24; 1997 c.490 §1]
     441.067
Inspection reports, complaint procedures and rules; posting. (1) The Department of Human Services shall
provide to each licensed long term care facility in the state in writing in
clear concise language readily comprehensible by the average person:
     (a) The most recent inspection report
conducted by the department of that facility;
     (b) An outline of the procedures for
filing complaints against long term care facilities; and
     (c) A summary of rules of the department
affecting patient care standards for long term care facilities.
     (2) The owner or operator of a long term
care facility shall post the information provided pursuant to subsection (1) of
this section in a prominent place and shall, upon request, provide a copy of
the information to each patient of, or person applying for admission to, the
facility, or the guardian or conservator of the applicant or patient. [1975
c.360 §3; 1987 c.428 §13]
     441.070 [Amended by 1959 c.222 §5; repealed by 1971
c.730 §25]
     441.073
Rules regarding staff ratio in long term care facilities; variances; posting. (1) The Department of Human Services shall
adopt rules specifying maximum number of patients per nursing assistant per
shift in long term care facilities.
     (2) The department may grant variances in
the staffing requirements within a shift based on patient care needs or nursing
practices.
     (3) A statement of the specific staffing
requirement for each time period required by subsection (1) or (2) of this
section in a particular facility shall be posted by the facility in a public
place within the facility. [1981 c.574 §§2,3,4; 1987 c.428 §14]
     441.075 [Amended by 1969 c.314 §44; repealed by 1971
c.730 §25]
     441.077
Revocation of license and other penalties for imposing restrictions upon
certain physicians; construction of section. (1) If the governing body of a health care facility or health
maintenance organization excludes or expels a person licensed under ORS chapter
677 from staff membership, or limits in any way the professional privilege of
the person in the health care facility or health maintenance organization solely
because of the school of medicine to which the person belongs, the license of
the health care facility shall be subject to revocation in the manner provided
in ORS 441.015 to 441.065. A health maintenance organization which violates
this section shall be subject to penalties provided in ORS 731.988 and 731.992.
     (2) Nothing in this section is intended to
limit the authority of the governing body of a health care facility or health
maintenance organization with respect to a person who has violated the reasonable
rules and regulations of the health care facility or health maintenance
organization or who has violated the provisions of ORS chapter 677 if the
governing body has reported the violation of ORS chapter 677 to the Oregon
Medical Board in writing. [1971 c.274 §1; 1973 c.840 §12; 1977 c.751 §25]
     Note: 441.077 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 441 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     441.079
Eye, organ and tissue transplants. (1) As used in this section and ORS 441.082:
     (a) “Entity” means an individual,
corporation, business trust, partnership, limited liability company,
association, joint venture or an instrumentality of an entity.
     (b) “Eye bank” means an entity that is
licensed or regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage or distribution of human eyes or parts
of human eyes.
     (c) “Health care facility” has the meaning
given that term in ORS 442.015.
     (d) “Organ procurement organization” means
an entity designated by the United States Secretary of Health and Human
Services as an organ procurement organization.
     (e) “Tissue bank” means an entity that is
licensed or regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage or distribution of tissue for
transplants.
     (2) Tissue banks and eye banks must be
registered with and regulated by the United States Food and Drug
Administration.
     (3) A health care facility that performs
organ transplants must:
     (a) Be a member of the Organ Procurement
and Transplantation Network established by the National Organ Transplant Act of
1984;
     (b) Be regulated by the United States
Department of Health and Human Services; and
     (c) Use an organ procurement organization
to obtain organs for transplants.
     (4) A health care facility that performs
tissue or corneal transplants must obtain the tissue or corneas from a tissue
bank or an eye bank that is registered with and regulated by the United States
Food and Drug Administration. [2007 c.334 §1]
     Note: 441.079 and 441.082 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
441 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     441.080 [Repealed by 1971 c.730 §25]
     441.081 [1979 c.680 §2; repealed by 1981 c.784 §38]
     441.082
Registration of organ procurement organization, tissue bank and eye bank;
rules; penalties. (1) The
Department of Human Services shall adopt by rule standards and a system of
registration for every organ procurement organization, tissue bank and eye bank
doing business in this state.
     (2) An organ procurement organization,
tissue bank or eye bank may not do business in this state unless it has
registered with the department.
     (3) Each organ procurement organization,
tissue bank and eye bank shall provide to the department at least every three
years current documentation of designation, certification and inspection as
evidence of compliance with national standards and requirements under federal
law.
     (4) The department may impose a civil
penalty not to exceed $1,000 against an organ procurement organization, tissue
bank or eye bank doing business in this state for failure to:
     (a) Register with the department;
     (b) Report loss of designation,
accreditation or certification within 60 days of the loss; or
     (c) Supply the department with requested
current documentation of designation, certification and inspection.
     (5) Civil penalties under this section
shall be imposed in the manner provided under ORS 183.745. [2007 c.334 §2]
     Note: 441.082 becomes operative July 1, 2008. See
section 4, chapter 334, Oregon Laws 2007.
     Note: See note under 441.079.
     Note: Section 3, chapter 334, Oregon Laws 2007,
provides:
     Sec.
3. Each organ procurement
organization, tissue bank and eye bank doing business in this state must
register with the Department of Human Services within 30 days after the
operative date [July 1, 2008] of section 2 of this 2007 Act [441.082]. [2007
c.334 §3]
     441.083
Drug information to be provided patients of long term and intermediate care
facilities. (1) If a long
term care facility or an intermediate care facility required to be licensed
pursuant to ORS 441.015 charges patients for drugs, the following shall be made
available to the patient on request:
     (a) Name of the drug;
     (b) Amount paid by the facility for the
drug; and
     (c) Amount charged by the facility for the
drug.
     (2) If a pharmacy charges any person for a
drug administered to a patient in a long term care facility or an intermediate
care facility, the pharmacy shall provide on request a written bill listing
the:
     (a) Name of the drug; and
     (b) Amount charged by the pharmacy for the
drug.
     (3) As used in this section, “person”
includes the patient and any insurance company or other party responsible for
health care costs incurred by the patient. [1979 c.680 §3]
     441.084
Choice of patient on suppliers of drugs and supplies. (1) As used in this section, “supplier”
includes an authorized representative of the patient who purchases
nonprescriptive medication or nonprescriptive sickroom supplies at retail.
     (2) A patient in a long term care facility
or an intermediate care facility required to be licensed under ORS 441.015 must
have a choice:
     (a) From among prescription drug delivery
systems as long as the system selected:
     (A) Provides for timely delivery of drugs;
     (B) Provides adequate protection to
prevent tampering with drugs;
     (C) Provides that drugs are delivered in a
unit of use compatible with the established system of the facility for
dispensing drugs, whether that system is provided by a facility pharmacy or by
a contract with a pharmacy; and
     (D) Provides a 24-hour emergency service
procedure either directly or by contract with another pharmacy;
     (b) From among suppliers of
nonprescriptive medication, although no facility is required to accept any
opened container of such medication; and
     (c) From among suppliers of
nonprescriptive sickroom supplies as long as any items supplied can be
maintained in a clean manner with equipment available at the facility.
     (3) If the established system of the
facility, whether that system is provided by a facility pharmacy or a pharmacy
under contract, provides patient profile information, the pharmacy chosen by
the patient under subsection (2)(a) of this section must also provide that
information for any patient it serves at the facility. [1983 c.328 §1; 2007
c.71 §127]
     441.085
Rules establishing licensing classifications; use of descriptive titles
limited. (1) The Department
of Human Services may by rule establish classifications and descriptions for
the various types of health care facilities that are licensed under ORS 441.015
to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and
442.400 to 442.463.
     (2) A health care facility licensed by the
department shall neither assume a descriptive title nor be represented under
any descriptive title other than the classification title established by the
department and under which it is licensed. [1971 c.730 §2; 1973 c.840 §13; 1977
c.751 §26; 1987 c.428 §15; 2001 c.900 §171]
     441.087
General inspection of long term care facility. (1) The Department of Human Services shall,
in addition to any inspections conducted pursuant to complaints filed against
long term care facilities, conduct at least one general inspection of each long
term care facility in the state each calendar year, including, but not limited
to, entering the facility, interviewing residents and reviewing records. No
advance notice shall be given of any inspection conducted pursuant to this
section.
     (2) Any state employee giving advance
notice in violation of subsection (1) of this section shall be suspended from
all duties without pay for a period of at least 10 working days, or for a
longer period as determined by the Director of Human Services. [1975 c.294 §§2,3;
1977 c.751 §27; 1987 c.428 §16; 2003 c.14 §250]
     441.089
Application of Health Care Quality Improvement Act of 1986. The provisions of the Health Care Quality
Improvement Act of 1986, P.L. No. 99-660, 100 Stat. p. 3743, 3784 (1986) apply
within this state for professional review actions pursuant to ORS 441.015 to 441.087.
[1987 c.850 §5]
     441.090 [1971 c.730 §15; 1973 c.358 §6; 1973 c.840 §14;
1975 c.485 §1; 1977 c.751 §28; renumbered 442.320]
     441.092 [1975 c.485 §4; 1977 c.751 §29; renumbered
442.330]
     441.094
Denial of emergency medical services because of inability to pay prohibited. (1) No officer or employee of a hospital
licensed by the Department of Human Services that has an emergency department
may deny to a person an appropriate medical screening examination within the
capability of the emergency department, including ancillary services routinely
available to the emergency department, to determine whether a need for
emergency medical services exists.
     (2) No officer or employee of a hospital
licensed by the Department of Human Services may deny to a person diagnosed by
an admitting physician as being in need of emergency medical services the
emergency medical services customarily provided at the hospital because the
person is unable to establish the ability to pay for the services.
     (3) Nothing in this section is intended to
relieve a person of the obligation to pay for services provided by a hospital.
     (4) A hospital that does not have
physician services available at the time of the emergency shall not be in
violation of this section if, after a reasonable good faith effort, a physician
is unable to provide or delegate the provision of emergency medical services.
     (5) All prepaid capitated health service
contracts executed by the Department of Human Services and private health
maintenance organizations and managed care organizations shall include a
provision that encourages a managed care plan to establish agreements with
hospitals in the planÂ’s service area for payment of emergency screening
examinations.
     (6) As used in subsections (1) and (2) of
this section, “emergency medical services” means medical services that are
usually and customarily available at the respective hospital and that must be
provided immediately to sustain a personÂ’s life, to prevent serious permanent
disfigurement or loss or impairment of the function of a bodily member or
organ, or to provide care of a woman in her labor where delivery is imminent if
the hospital is so equipped and, if the hospital is not equipped, to provide
necessary treatment to allow the woman to travel to a more appropriate facility
without undue risk of serious harm. [1987 c.386 §1; 1995 c.449 §2]
     Note: 441.094 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 441 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     441.095 [1971 c.730 §16; 1973 c.358 §7; 1973 c.840 §15;
1975 c.485 §2; 1977 c.751 §30; renumbered 442.340]
     441.096
Identification badges. (1) A
health care practitioner working at a health care facility and providing direct
care to a patient shall wear an identification badge indicating the
practitionerÂ’s name and professional title.
     (2) A health care facility shall develop
policies that specify the size and content of the identification badge required
by subsection (1) of this section.
     (3) As used in this section, “health care
facility” means a health care facility as defined in ORS 442.015 or a mental
health facility, alcohol treatment facility or drug treatment facility licensed
or operated under ORS 430.397 to 430.401 or ORS chapter 426 or 430. [2005 c.231
§1]
     Note: 441.096 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 441 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
ADMISSION TO
OR MOVE FROM LONG TERM CARE FACILITY OR RESIDENTIAL CARE FACILITY OF PERSON
CONVICTED OF SEX CRIME
     Note: Sections 13 and 16, chapter 671, Oregon Laws
2005, provide:
     Sec.
13. (1) As used in this
section:
     (a) “Area agency” has the meaning given
that term in ORS 410.040.
     (b) “Long term care facility” has the
meaning given that term in ORS 442.015.
     (c) “Move from a long term care facility”
has the meaning given that term in ORS 441.357.
     (d) “Residential care facility” has the
meaning given that term in ORS 443.400.
     (2) If the Department of Human Services or
an area agency knows that a person who is on probation, parole or post-prison
supervision after being convicted of a sex crime, as defined in ORS 181.594, is
applying for admission to a long term care facility or a residential care
facility, the department or area agency shall notify the facility of the personÂ’s
status as a sex offender.
     (3) When a person who is on probation,
parole or post-prison supervision after being convicted of a sex crime, as
defined in ORS 181.594, applies for admission to a long term care facility or a
residential care facility, the person shall notify the facility of the personÂ’s
status as a sex offender.
     (4) A long term care facility or a
residential care facility may refuse admission to a person who is on probation,
parole or post-prison supervision after being convicted of a sex crime, as
defined in ORS 181.594.
     (5) Notwithstanding ORS 441.362 and
441.605 (4), the department may move a resident from a long term care facility
without providing 30 daysÂ’ written notice to the resident if the department or
area agency learns that the resident is on probation, parole or post-prison
supervision after being convicted of a sex crime, as defined in ORS 181.594.
The department shall give the resident a copy of a written notice containing
information about the residentÂ’s right to a hearing in accordance with ORS
chapter 183 and the grounds for contesting the move at the time the department
moves the resident.
     (6)(a) Notwithstanding ORS 441.605 (4), a
long term care facility may transfer or discharge a resident without reasonable
advance notice of the transfer or discharge if:
     (A) The facility was not notified prior to
admission of the resident that the resident is on probation, parole or
post-prison supervision after being convicted of a sex crime, as defined in ORS
181.594;
     (B) The facility learns that the resident
is on probation, parole or post-prison supervision after being convicted of a
sex crime, as defined in ORS 181.594; and
     (C) The resident meets the criteria
established by the department by rule for transfer or discharge under this
subsection.
     (b) The facility shall give the resident a
copy of a written notice containing information about the residentÂ’s right to a
hearing in accordance with ORS chapter 183 and the grounds for contesting the
move at the time the facility transfers or discharges the resident.
     (7)(a) A residential care facility may
transfer or discharge a resident without reasonable advance notice of the
transfer or discharge if:
     (A) The facility was not notified prior to
admission of the resident that the resident is on probation, parole or
post-prison supervision after being convicted of a sex crime, as defined in ORS
181.594;
     (B) The facility learns that the resident
is on probation, parole or post-prison supervision after being convicted of a
sex crime, as defined in ORS 181.594; and
     (C) The resident meets the criteria
established by the department by rule for transfer or discharge under this
subsection.
     (b) The facility shall give the resident a
copy of a written notice containing information about the residentÂ’s right to a
hearing in accordance with ORS chapter 183 and the grounds for contesting the
move at the time the facility transfers or discharges the resident.
     (8) If a resident requests a hearing under
subsection (5), (6) or (7) of this section, the hearing must be held within
five business days of the move, transfer or discharge of the resident.
     (9) The department shall establish the
criteria required by subsections (6)(a)(C) and (7)(a)(C) of this section so
that application of the criteria results in the identification of only those
persons who present a current risk of harm to another person within the
facility. [2005 c.671 §13]
     Sec.
16. Section 13 of this 2005
Act is repealed on January 2, 2010. [2005 c.671 §16]
     441.097 [1987 c.428 §2c; repealed by 2001 c.900 §261]
LONG TERM
CARE OMBUDSMAN
     441.100
Definitions. (1) “Administrative
action” means any action or decision made by an owner, employee or agent of a
long term care facility or by a public agency that affects the services to
residents.
     (2) “Committee” means the Long Term Care
Advisory Committee.
     (3) “Designee” means an individual
appointed by the Long Term Care Ombudsman to serve as a representative in order
to carry out the purpose of ORS 441.100 to 441.153.
     (4) “Long term care facility” means any
licensed skilled nursing facility intermediate care facility, as defined in
rules adopted under ORS 442.015, adult foster homes with residents over 60
years of age and residential care facility as defined in ORS 443.400. [1981
c.534 §1; 1985 c.153 §1; 2007 c.21 §3]
     441.103
Office of Long Term Care Ombudsman; terms; appointment; confirmation;
qualifications. (1) The
office of the Long Term Care Ombudsman is established. The Long Term Care
Ombudsman shall function separately and independently from any other state
agency. The Governor shall appoint the Long Term Care Ombudsman for a four-year
term from a list of three nominees nominated by the Long Term Care Advisory
Committee established under ORS 441.137. Vacancies shall be filled within 60
days in the same manner as appointments are made, subject to Senate
confirmation under ORS 171.562 and 171.565.
     (2) The Long Term Care Ombudsman may be
removed for just cause, upon recommendation to the Governor by the Long Term
Care Advisory Committee.
     (3) The Long Term Care Ombudsman shall
have background and experience in the following areas:
     (a) The field of aging;
     (b) Health care;
     (c) Working with community programs;
     (d) Strong understanding of long term care
issues, both regulatory and policy;
     (e) Working with health care providers;
     (f) Working with and involvement in
volunteer programs; and
     (g) Administrative and managerial
experience. [1981 c.534 §2; 1985 c.153 §2]
     441.105 [Amended by 1955 c.464 §1; 1965 c.308 §1;
repealed by 1971 c.730 §25]
     441.107
Funding of office. The
funding for the office of the Long Term Care Ombudsman shall include at least
one percent of Title III(B) of the Older Americans Act (Public Law 89-73)
funding received by this state. [1981 c.534 §3]
     441.109
Duties of ombudsman; rules.
The office of the Long Term Care Ombudsman shall carry out the following
duties:
     (1) Investigate and resolve complaints
made by or for residents of long term care facilities about administrative
actions that may adversely affect their health, safety, welfare or rights,
including subpoenaing any person to appear, give sworn testimony or to produce
documentary or other evidence that is reasonably material to any matter under
investigation.
     (2) Undertake, participate in or cooperate
with persons and agencies in such conferences, inquiries, meetings or studies
as may lead to improvements in the functioning of long term care facilities.
     (3) Monitor the development and
implementation of federal, state and local laws, regulations and policies that
relate to long term care facilities in this state.
     (4) Provide information to public agencies
about the problems of residents of long term care facilities.
     (5) Work closely with cooperative
associations and citizen groups in this state.
     (6) Widely publicize the Long Term Care
OmbudsmanÂ’s service, purpose and mode of operation.
     (7) Collaborate with the Department of
Human Services and the Board of Examiners of Nursing Home Administrators to
establish a statewide system to collect and analyze information on complaints
and conditions in long term care facilities for the purpose of publicizing
improvements and resolving significant problems.
     (8) Appoint designees to serve as local
representatives of the office in various districts of the state and regularly
monitor their functions.
     (9) Specify qualifications and duties of
designees.
     (10) Adopt rules necessary for carrying
out ORS 441.100 to 441.133, after consultation with the committee.
     (11) Provide periodically, or at least
twice annually, a report to the Governor, department and the Legislative
Assembly.
     (12) Prepare necessary reports with the
assistance of the department. [1981 c.534 §4; 1985 c.153 §3; 2001 c.900 §172]
     441.110 [Amended by 1955 c.464 §2; 1965 c.308 §2;
repealed by 1971 c.730 §25]
     441.113
Procedures to maintain confidentiality. The Long Term Care Ombudsman shall establish procedures to maintain
the confidentiality of the records and files of residents of long term care
facilities. These procedures must meet the following requirements:
     (1) The ombudsman or designee shall not
disclose, except to state agencies, the identity of any resident unless the
complainant or the resident, or the legal representative of either, consents in
writing to the disclosure and specifies to whom the disclosure may be made.
     (2) The identity of any complainant or
resident on whose behalf a complaint is made, or individual providing
information on behalf of the resident or complainant, shall be confidential. If
the complaint becomes the subject of judicial proceedings, the investigative
information held by the ombudsman or designee shall be disclosed for the
purpose of the proceedings if requested by the court. [1981 c.534 §5]
     441.115 [Amended by 1965 c.308 §3; 1969 c.314 §45;
repealed by 1971 c.730 §25]
     441.117
Right of entry into facilities and access to records. (1) The Long Term Care Ombudsman and each
designee shall have the right of entry into long term care facilities at any
time considered necessary and reasonable by the ombudsman or the designee for
the purpose of:
     (a) Investigating and resolving complaints
by residents or on their behalf;
     (b) Interviewing residents, with their
consent, in private;
     (c) Offering the services of the ombudsman
or designee to any resident, in private;
     (d) Interviewing employees or agents of
the long term care facility;
     (e) Consulting regularly with the facility
administration; and
     (f) Providing services authorized by law
or by rule.
     (2) The Long Term Care Ombudsman shall
have access to any residentÂ’s records, and to records of any public agency
necessary to the duties of the office, including records on patient abuse
complaints made pursuant to ORS 441.630 to 441.680 and 441.995. Nothing
contained in ORS 192.518 to 192.529 is intended to limit the access of the Long
Term Care Ombudsman to medical records of residents of long term care
facilities. Designees may have access to individual residentÂ’s records,
including medical records as authorized by the resident or residentÂ’s legal
representative, if needed to investigate a complaint.
     (3) Entry and investigation authorized by
this section shall be done in a manner that does not disrupt significantly the
providing of nursing or other personal care to residents.
     (4) The ombudsman or the designee must
show identification to the person in charge of the facility. The resident shall
have the right to refuse to communicate with the ombudsman or designee. The
refusal shall be made directly to the ombudsman or designee and not through an
intermediary.
     (5) The resident shall have the right to
participate in planning any course of action to be taken on behalf of the
resident by the ombudsman or the designee. [1981 c.534 §6; 2001 c.104 §179;
2003 c.86 §13]
     441.120 [Repealed by 1971 c.730 §25]
     441.121
Report after investigation; referral to other agencies. Following an investigation, the ombudsman or
the designee shall report opinions or recommendations to the party or parties
affected thereby and shall attempt to resolve the complaint, using, whenever
possible, informal techniques of mediation, conciliation and persuasion.
Complaints of conditions adversely affecting residents of long term care
facilities, or those threatening the safety or well-being of residents that
cannot be resolved in the manner described in this section, shall be referred
to an appropriate state agency. Programs that promote the safety or emotional
or physical well-being of long term care residents shall be promoted and
publicized by the ombudsman and the designees. [1981 c.534 §7]
     441.124
Notice of complaint procedures; posting. (1) The Long Term Care Ombudsman shall prepare and distribute to each
long term care facility in this state a written notice describing the
procedures to follow in making a complaint, including the address and telephone
number of the ombudsman and local designee, if any.
     (2) The administrator of each long term
care facility shall post the written notice required by this section in
conspicuous places in the facility in accordance with procedures provided by
the ombudsman and shall give such notice to any resident and legally appointed
guardian, if any. [1981 c.534 §8; 2003 c.14 §253]
     441.125 [Amended by 1955 c.464 §3; 1971 c.730 §18;
repealed by 1977 c.751 §39]
     441.127
Immunity of employees. (1)
Any employee or agent of the long term care facility acting in good faith in
discussing patient care pursuant to ORS 441.117 shall have immunity from any
civil liability, that might otherwise be incurred or imposed with respect to
the making of such report.
     (2) Any employee or agent who makes a
report pursuant to ORS 441.117 shall not be subjected to any retaliation by any
official or other employee of a long term care facility solely for making a
report, including but not limited to restriction of otherwise lawful access to
the facility or to any resident thereof, or, if an employee, to dismissal or
harassment.
     (3) The ombudsman or the designee acting
in good faith in discussing patient care pursuant to ORS 441.117 shall have
immunity from any civil liability, that might otherwise be incurred or imposed
with respect to the discussion. [1981 c.534 §9]
     441.130 [Amended by 1955 c.464 §4; 1971 c.730 §19;
repealed by 1977 c.751 §39]
     441.131
Appointment of designees; qualifications; duties. (1) The appointments of designees shall be
made in consultation with a local screening committee which may consist of but
not be limited to persons representing:
     (a) The area agency on aging.
     (b) The local office of the Department of
Human Services.
     (c) The local health department.
     (d) Senior citizens groups in the area.
     (e) Long term care facilities in the area.
     (f) Local elected officials.
     (2) To be appointed as a designee, a
person must complete six days of initial training and attend quarterly training
sessions which are approved by the Long Term Care Ombudsman and which shall be
coordinated and funded by the Department of Human Services subject to the
availability of funds therefor. Local screening committees shall be appointed
by and serve at the pleasure of the ombudsman.
     (3) Designees must sign a contract with
the state which outlines the scope of their duties. In districts where a
designee is an employee or agent of a local entity, a three-party contract
shall be executed. Violation of the contract is cause for the termination of
the appointment. A directory of all designees shall be maintained in the office
of the Long Term Care Ombudsman.
     (4) The qualifications of designees shall
include experience with long term care facilities or residents thereof or
potential residents including the ability to communicate well, to understand
laws, rules and regulations, and to be assertive, yet objective.
     (5) Experience in either social service,
gerontology, nursing or paralegal work shall be preferred.
     (6) The contract shall include statements
that the purpose of the Long Term Care Ombudsman Program is to:
     (a) Promote rapport and trust between the
residents, staff of the nursing home and nursing home ombudsman program;
     (b) Assist nursing home residents with
participating more actively in determining the delivery of services in long
term care facilities;
     (c) Serve as an educational resource;
     (d) Receive, resolve or relay concerns to
the Long Term Care Ombudsman or the appropriate agency; and
     (e) Assure equitable resolution of
problems.
     (7) The duties of the designees are to:
     (a) Visit each assigned long term care
facility on a regular basis:
     (A) Upon arrival and departure, inform a
specified staff member.
     (B) Review, with a specified staff member,
any problems or concerns which need to be considered.
     (C) Visit individual residents and
resident councils.
     (b) Maintain liaison with appropriate
agencies and the Long Term Care Ombudsman.
     (c) Report, in writing, monthly to the
Long Term Care Ombudsman.
     (d) Keep residents and long term care
staff informed of the Long Term Care Ombudsman Program.
     (e) Periodically review the Patients’ Bill
of Rights with residents, families, guardians, administrators and staff.
     (f) Perform other related duties as
specified. [1981 c.534 §10; 1985 c.153 §4]
     441.133
Effect of ORS 441.100 to 441.153 on right to visitors. Nothing in ORS 441.100 to 441.153 shall
affect the right of residents of a long term care facility to see visitors of
their choice. [1981 c.534 §11]
     441.135 [Amended by 1955 c.464 §5; 1965 c.308 §4;
1971 c.730 §20; repealed by 1977 c.751 §39]
     441.137
Long Term Care Advisory Committee; appointment; confirmation; term;
qualifications. (1) There is
established a Long Term Care Advisory Committee of seven members to be
appointed in the following manner:
     (a) One person appointed by the Speaker of
the House of Representatives;
     (b) One person appointed by the President
of the Senate;
     (c) One person appointed by the House
Minority Leader;
     (d) One person appointed by the Senate
Minority Leader;
     (e) Two persons, from a list of four names
submitted by the organizations of seniors, appointed by the Governor; and
     (f) One person appointed by the Governor.
     (2) All members are subject to
confirmation by the Senate under ORS 171.562 and 171.565.
     (3) The term of office of each member is
four years. Before the expiration of the term of a member, the appointing
authority shall appoint a successor whose term begins on July 1 next following.
A member is eligible for reappointment. If there is a vacancy for any cause,
the appointing authority shall make an appointment to become immediately
effective for the unexpired term.
     (4) The members of the committee must be
citizens of this state who are broadly representative to the extent possible of
persons over 55 years of age, including persons with disabilities and members
of racial and ethnic minorities, who have knowledge and interest in the
problems of the elderly and are representative of all areas of the state. At
least five members shall be at least 60 years of age. [1985 c.153 §6; 1989
c.224 §93; 2007 c.70 §240]
     441.140 [Amended by 1955 c.464 §6; 1971 c.730 §21;
1977 c.751 §31; renumbered 442.350]
     441.142
Duties. The Long Term Care
Advisory Committee shall:
     (1) Monitor the Long Term Care Ombudsman
Program.
     (2) Advise the Governor and the
Legislative Assembly on the Long Term Care Ombudsman Program.
     (3) Nominate, after interviews and
according to prescribed criteria, three persons to fill the office of Long Term
Care Ombudsman. [1985 c.153 §11]
     441.145 [Amended by 1955 c.464 §7; 1965 c.308 §5;
1965 c.439 §5; 1971 c.730 §22; repealed by 1977 c.751 §39]
     441.146
Appeal to Long Term Care Advisory Committee. (1) A long term care facility that files a complaint against a
designee appointed under ORS 441.131 and objects to the action of the Long Term
Care Ombudsman in resolving the complaint may appeal the ombudsmanÂ’s action to
a panel of the Long Term Care Advisory Committee.
     (2) The committee on its own motion may
review any action by the ombudsman appealable under this section. The review
shall provide an opportunity for written and oral presentation by the long term
care facility and the ombudsman. The committee shall issue its findings and any
instructions to the ombudsman in written form consistent with the federal Older
Americans Act.
     (3) If the committee disagrees with the
action of the ombudsman, the committee may refer the resolution back to the
ombudsman with instructions consistent with the federal Older Americans Act to
conform the ombudsmanÂ’s action in the matter to the recommendations of the
committee. [1995 c.789 §1]
     Note: 441.146 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 441 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     441.147
Officers; quorum; meetings; expenses. (1) The Long Term Care Advisory Committee shall select one of its
members as chairperson and another as vice chairperson, for such terms and with
duties and powers necessary for the performance of the functions of such
offices as the committee determines.
     (2) A majority of the members of the
committee constitutes a quorum for the transaction of business. Decisions may
be made by a majority of the quorum.
     (3) The committee shall meet at least once
each month at a place, day and hour determined by the committee. The committee
also shall meet at other times and places specified by the call of the
chairperson or of a majority of the members of the committee. The committee
shall confer each month with the Long Term Care Ombudsman.
     (4) A member of the Long Term Care
Advisory Committee is entitled to compensation and expenses as provided in ORS
292.495. [1985 c.153 §§8,9,10]
     441.150 [Amended by 1971 c.730 §23; repealed by 1977
c.751 §39]
     441.153
Long Term Care Ombudsman Account. The Long Term Care Ombudsman Account is established separate and
distinct from the General Fund. All miscellaneous receipts, gifts and federal
and other grants received by the Long Term Care Ombudsman shall be deposited
into the Long Term Care Ombudsman Account and are continuously appropriated to
the Long Term Care Ombudsman for carrying out the responsibilities of the Long
Term Care Ombudsman. [1985 c.153 §14 (3); 2001 c.716 §29]
HOSPITAL
NURSING SERVICES
     441.160
Definition for ORS 441.162 to 441.170. As used in ORS 441.162 to 441.170, “hospital” includes a hospital as
described in ORS 442.015 and an acute inpatient care facility as defined in ORS
442.470. [2001 c.609 §1]
     Note: 441.160 to 441.192 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
441 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     441.162
Written staffing plan for nursing services. (1) A hospital shall be responsible for the implementation of a written
hospital-wide staffing plan for nursing services. The staffing plan shall be
developed, monitored, evaluated and modified by a hospital staffing plan
committee. To the extent possible, the committee shall:
     (a) Include equal numbers of hospital
nurse managers and direct care registered nurses;
     (b) Include at least one direct care
registered nurse from each hospital nurse specialty or unit, to be selected by
direct care registered nurses from the particular specialty or unit. The
hospital shall define its own specialties or units; and
     (c) Have as its primary consideration the
provision of safe patient care and an adequate nursing staff pursuant to ORS
chapter 441.
     (2) The hospital shall evaluate and
monitor the staffing plan for effectiveness and revise the staffing plan as
necessary as part of the hospitalÂ’s quality assurance process. The hospital
shall maintain written documentation of these quality assurance activities.
     (3) The written staffing plan shall:
     (a) Be based on an accurate description of
individual and aggregate patient needs and requirements for nursing care and
include a periodic quality evaluation process to determine whether the staffing
plan is appropriately and accurately reflecting patient needs over time.
     (b) Be based on the specialized
qualifications and competencies of the nursing staff. The skill mix and the
competency of the staff shall ensure that the nursing care needs of the
patients are met and shall ensure patient safety.
     (c) Be consistent with nationally
recognized evidence-based standards and guidelines established by professional
nursing specialty organizations and recognize differences in patient acuteness.
     (d) Establish minimum numbers of nursing
staff including licensed practical nurses and certified nursing assistants
required on specified shifts. At least one registered nurse and one other
nursing staff member must be on duty in a unit when a patient is present.
     (e) Include a formal process for
evaluating and initiating limitations on admission or diversion of patients to
another acute care facility when, in the judgment of the direct care registered
nurse, there is an inability to meet patient care needs or a risk of harm to
existing and new patients.
     (4) The hospital shall maintain and post a
list of on-call nursing staff or staffing agencies to provide replacement for
nursing staff in the event of vacancies. The list of on-call nurses or agencies
must be sufficient to provide replacement staff.
     (5)(a) An employer may not impose upon
unionized nursing staff any changes in wages, hours or other terms and
conditions of employment pursuant to a staffing plan developed or modified
under subsection (1) of this section unless the employer first provides notice
to and, on request, bargains with the union as the exclusive collective
bargaining representative of the nursing staff in the bargaining unit.
     (b) A staffing plan developed or modified
under subsection (1) of this section does not create, preempt or modify a
collective bargaining agreement or require a union or employer to bargain over
the staffing plan while a collective bargaining agreement is in effect. [2001
c.609 §2; 2005 c.665 §2]
     Note: See note under 441.160.
     441.164
Variances in staffing plan requirements. Upon request of a hospital, the Department of Human Services may grant
variances in the written staffing plan requirements based on patient care needs
or the nursing practices of the hospital. [2001 c.609 §3]
     Note: See note under 441.160.
     441.166
Need for replacement staff.
(1) When a hospital learns about the need for replacement staff, the hospital
shall make every reasonable effort to obtain registered nurses, licensed
practical nurses or certified nursing assistants for unfilled hours or shifts
before requiring a registered nurse, licensed practical nurse or certified
nursing assistant to work overtime.
     (2) A hospital may not require a
registered nurse, licensed practical nurse or certified nursing assistant to
work:
     (a) Beyond the agreed-upon shift;
     (b) More than 48 hours in any hospital-defined
work week; or
     (c) More than 12 consecutive hours in a
24-hour time period, except that a hospital may require an additional hour of
work beyond the 12 hours if:
     (A) A staff vacancy for the next shift
becomes known at the end of the current shift; or
     (B) There is a potential harm to an
assigned patient if the registered nurse, licensed practical nurse or certified
nursing assistant leaves the assignment or transfers care to another.
     (3)(a) Time spent in required meetings or
receiving education or training shall be included as hours worked for purposes
of subsection (2) of this section.
     (b) Time spent on call but away from the
premises of the employer may not be included as hours worked for purposes of
subsection (2) of this section.
     (c) Time spent on call or on standby when
the registered nurse, licensed practical nurse or certified nursing assistant
is required to be at the premises of the employer shall be included as hours
worked for purposes of subsection (2) of this section.
     (4) The provisions of this section do not
apply to nursing staff needs:
     (a) In the event of a national or state
emergency or circumstances requiring the implementation of a facility disaster
plan;
     (b) In emergency circumstances identified
by the Department of Human Services by rule; or
     (c) If a hospital has made reasonable
efforts to contact all of the on-call nursing staff or staffing agencies on the
list described in ORS 441.162 and is unable to obtain replacement staff in a
timely manner. [2001 c.609 §4; 2005 c.665 §1]
     Note: See note under 441.160.
     441.168
Leaving a patient care assignment. A registered nurse at a hospital may not place a patient at risk of
harm by leaving a patient care assignment during an agreed upon shift or an
agreed upon extended shift without authorization from the appropriate
supervisory personnel. [2001 c.609 §5]
     Note: See note under 441.160.
     441.170
Civil penalties; suspension or revocation of license; rules; records;
compliance audits. (1) The
Department of Human Services may impose civil penalties in the manner provided
in ORS 183.745 or suspend or revoke a license of a hospital for a violation of
any provision of ORS 441.162 or 441.166. The department shall adopt by rule a
schedule establishing the amount of civil penalty that may be imposed for any
violation of ORS 441.162 or 441.166 when there is a reasonable belief that safe
patient care has been or may be negatively impacted. A civil penalty imposed
under this subsection may not exceed $5,000. Each violation of a nursing staff plan
shall be considered a separate violation. Any license that is suspended or
revoked under this subsection shall be suspended or revoked as provided in ORS
441.030.
     (2) The department shall maintain for
public inspection records of any civil penalties or license suspensions or
revocations imposed on hospitals penalized under subsection (1) of this
section.
     (3) The department shall conduct an annual
random audit of not less than seven percent of all hospitals in this state
solely to verify compliance with the requirements of ORS 441.162, 441.166 and
441.192. Surveys made by private accrediting organizations may not be used in
lieu of the audit required under this subsection. The department shall compile
and maintain for public inspection an annual report of the audit conducted
under this subsection.
     (4) The costs of the audit required under
subsection (3) of this section may be paid out of funds from licensing fees
paid by hospitals under ORS 441.020. [2001 c.609 §6]
     Note: See note under 441.160.
     441.172
Definitions for ORS 441.172 to 441.182. As used in ORS 441.172 to 441.182:
     (1) “Affiliated hospital” means a hospital
that has a business relationship with another hospital.
     (2) “Hospital” means:
     (a) An acute inpatient care facility, as
defined in ORS 442.470; or
     (b) A hospital as described in ORS
442.015.
     (3) “Manager” means a person who:
     (a) Has authority to direct and control
the work performance of nursing staff;
     (b) Has authority to take corrective
action regarding a violation of law or a rule or a violation of professional
standards of practice, about which a nursing staff has complained; or
     (c) Has been designated by a hospital to
receive the notice described in ORS 441.174 (2).
     (4) “Nursing staff” means a registered
nurse, a licensed practical nurse, a nursing assistant or any other assistive
nursing personnel.
     (5) “Public body” has the meaning given
that term in ORS 30.260.
     (6) “Retaliatory action” means the
discharge, suspension, demotion, harassment, denial of employment or promotion,
or layoff of a nursing staff, or other adverse action taken against a nursing
staff in the terms or conditions of employment of the nursing staff, as a
result of filing a complaint. [2001 c.609 §9]
     Note: See note under 441.160.
     441.174
Retaliation prohibited. (1)
A hospital may not take retaliatory action against a nursing staff because the
nursing staff:
     (a) Discloses or intends to disclose to a
manager, a private accreditation organization or a public body an activity,
policy or practice of the hospital or of a hospital that the nursing staff
reasonably believes is in violation of law or a rule or is a violation of
professional standards of practice that the nursing staff reasonably believes
poses a risk to the health, safety or welfare of a patient or the public;
     (b) Provides information to or testifies
before a private accreditation organization or a public body conducting an
investigation, hearing or inquiry into an alleged violation of law or rule or
into an activity, policy or practice that may be in violation of professional
standards of practice by a hospital that the nursing staff reasonably believes
poses a risk to the health, safety or welfare of a patient or the public;
     (c) Objects to or refuses to participate
in any activity, policy or practice of a hospital that the nursing staff
reasonably believes is in violation of law or rule or is a violation of
professional standards of practice that the nursing staff reasonably believes
poses a risk to the health, safety or welfare of a patient or the public; or
     (d) Participates in a committee or peer
review process or files a report or a complaint that discusses allegations of
unsafe, dangerous or potentially dangerous care.
     (2) Except as provided in subsection (3)
of this section, the protection against retaliatory action in subsection (1) of
this section does not apply to a nursing staff, unless the nursing staff,
before making a disclosure to a private accreditation organization or a public
body as described in subsection (1)(a) of this section:
     (a) Gives written notice to a manager of
the hospital of the activity, policy, practice or violation of professional
standards of practice that the nursing staff reasonably believes poses a risk
to public health; and
     (b) Provides the manager a reasonable
opportunity to correct the activity, policy, practice or violation.
     (3) A nursing staff is not required to
comply with the provisions of subsection (2) of this section if the nursing
staff:
     (a) Is reasonably certain that the
activity, policy, practice or violation is known to one or more managers of the
hospital or an affiliated hospital and an emergency situation exists;
     (b) Reasonably fears physical harm as a
result of the disclosure; or
     (c) Makes the disclosure to a private
accreditation organization or a public body for the purpose of providing
evidence of an activity, policy, practice or violation of a hospital or an
affiliated hospital that the nursing staff reasonably believes is a crime. [2001
c.609 §10]
     Note: See note under 441.160.
     441.176
Remedies for retaliation.
(1) A nursing staff aggrieved by an act prohibited by ORS 441.174 may bring an
action in circuit court of the county in which the hospital is located. All
remedies available in a common law tort action are available to a nursing staff
if the nursing staff prevails in an action brought under this subsection and
are in addition to any remedies provided in subsection (2) of this section.
     (2) In an action brought under subsection
(1) of this section, a circuit court may do any of the following:
     (a) Issue a temporary restraining order or
a preliminary or permanent injunction to restrain a continued violation of ORS
441.174.
     (b) Reinstate the nursing staff to the
same or equivalent position that the nursing staff held before the retaliatory
action.
     (c) Reinstate full benefits and seniority
rights to the nursing staff as if the nursing staff had continued in
employment.
     (d) Compensate the nursing staff for lost
wages, benefits and other remuneration, including interest, as if the nursing
staff had continued in employment.
     (e) Order the hospital to pay reasonable
litigation costs of the nursing staff, including reasonable expert witness fees
and reasonable attorney fees.
     (f) Award punitive damages as provided in
ORS 31.730.
     (3) Except as provided in subsection (4)
of this section, in any action brought by a nursing staff under subsection (1)
of this section, if the court finds that the nursing staff had no objectively
reasonable basis for asserting the claim, the court may award costs, expert
witness fees and reasonable attorney fees to the hospital.
     (4) A nursing staff may not be assessed
costs or fees under subsection (3) of this section if, upon exercising
reasonable and diligent efforts after filing the action, the nursing staff
moves to dismiss the action against the hospital after determining that no
issue of law or fact exists that supports the action against the hospital. [2001
c.609 §11]
     Note: See note under 441.160.
     441.178
Unlawful employment practices; civil action for retaliation. (1) A hospital that takes any retaliatory
action described in ORS 441.174 against a nursing staff commits an unlawful
employment practice.
     (2) A nursing staff claiming to be
aggrieved by an alleged violation of ORS 441.174 may file a complaint with the
Commissioner of the Bureau of Labor and Industries in the manner provided by
ORS 659A.820. Except for the provisions of ORS 659A.870, 659A.875, 659A.880 and
659A.885, violation of ORS 441.174 is subject to enforcement under ORS chapter
659A.
     (3) Except as provided in subsection (4)
of this section, a civil action under ORS 441.176 must be commenced within one
year after the occurrence of the unlawful employment practice unless a
complaint has been timely filed under ORS 659A.820.
     (4) The nursing staff who has filed a
complaint under ORS 659A.820 must commence a civil action under ORS 441.176
within 90 days after a 90-day notice is mailed to the nursing staff under this
section.
     (5) The commissioner shall issue a 90-day
notice to the nursing staff:
     (a) If the commissioner dismisses the
complaint within one year after the filing of the complaint and the dismissal
is for any reason other than the fact that a civil action has been filed.
     (b) On or before the one-year anniversary
of the filing of the complaint unless a 90-day notice has previously been
issued under paragraph (a) of this subsection or the matter has been resolved
by the execution of a settlement agreement.
     (6) A 90-day notice under this section
must be in writing and must notify the nursing staff that a civil action
against the hospital under ORS 441.176 may be filed within 90 days after the
date of mailing of the 90-day notice and that any right to bring a civil action
against the hospital under ORS 441.176 will be lost if the action is not
commenced within 90 days after the date of mailing of the 90-day notice.
     (7) The remedies under this section and
ORS 441.176 are supplemental and not mutually exclusive. [2001 c.609 §12; 2001
c.609 §12a]
     Note: See note under 441.160.
     441.180
Hospital posting of notice.
(1) A hospital shall post a notice summarizing the provisions of ORS 441.162,
441.166, 441.168, 441.174, 441.176, 441.178 and 441.192 in a conspicuous place
on the premises of the hospital. The notice must be posted where notices to
employees and applicants for employment are customarily displayed.
     (2) Any hospital that willfully violates
this section is subject to a civil penalty not to exceed $500. Civil penalties
under this section shall be imposed by the Department of Human Services in the
manner provided by ORS 183.745. [2001 c.609 §13]
     Note: See note under 441.160.
     441.182
Rights, privileges or remedies of nursing staff. (1) Except as provided in subsection (2) of
this section, nothing in ORS 441.176 and 441.178 shall be deemed to diminish
any rights, privileges or remedies of a nursing staff under federal or state
law or regulation or under any collective bargaining agreement or employment
contract.
     (2) ORS 441.176 and 441.178 provide the
only remedies under state law for a nursing staff for an alleged violation of
ORS 441.174 committed by a hospital. [2001 c.609 §14]
     Note: See note under 441.160.
     441.192
Notice of employment outside of hospital. (1) A hospital, as defined in ORS 441.172, may require a registered nurse
who is receiving full employment benefits from the hospital to provide notice
of any outside employment that may reasonably impede the ability of the nurse
to fulfill the nurseÂ’s obligation to the hospital in providing nursing services
to patients under the hospitalÂ’s care.
     (2) If a hospital determines that the
outside employment causes a risk to patients receiving services in the
hospital, the hospital may require the nurse to discontinue the outside
employment.
     (3) A hospital may not unreasonably restrict
the outside employment of nurses and may restrict outside employment only if
the hospital provides in writing to the nurse an explanation of the hospitalÂ’s
documentation that the outside employment creates a risk to patients in the
hospital. A nurse who does not discontinue outside employment if required by
the hospital may be disciplined or terminated from employment by the hospital.
     (4) A nurse who does not provide notice as
required by a hospital pursuant to this section may be disciplined or terminated
from employment by the hospital if the failure to provide notice creates a risk
to a patient in the hospital. [2001 c.609 §18]
     Note: See note under 441.160.
     441.195 [1957 s.s. c.13 §1; renumbered 440.305]
     441.200 [1951 s.s. c.13 §2; renumbered 440.310]
     441.205 [Amended by 1969 c.343 §1; renumbered
440.315]
     441.210 [Amended by 1969 c.343 §2; 1971 c.727 §114;
renumbered 440.320]
     441.215 [Repealed by 1957 s.s. c.13 §4 (441.216
enacted in lieu of 441.215)]
     441.216 [1957 s.s. c.13 §5 (enacted in lieu of
441.215); 1969 c.343 §3; repealed by 1971 c.727 §203]
     441.220 [Amended by 1969 c.343 §4; repealed by 1971
c.727 §203]
     441.225 [Repealed by 1971 c.727 §203]
     441.227 [1965 c.403 §2; 1969 c.343 §5; repealed by
1971 c.727 §203]
     441.230 [Amended by 1965 c.403 §3; 1969 c.343 §6;
repealed by 1971 c.727 §203]
     441.235 [Amended by 1969 c.343 §7; repealed by 1971
c.647 §149 and 1971 c.727 §203]
     441.240 [Amended by 1959 c.69 §1; repealed by 1971
c.647 §149]
     441.245 [Repealed by 1957 s.s. c.13 §8]
     441.250 [Repealed by 1971 c.647 §149]
     441.255 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]
     441.260 [Amended by 1969 c.343 §8; repealed by 1971
c.727 §203]
     441.265 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]
     441.270 [Amended by 1969 c.343 §9; repealed by 1971
c.727 §203]
     441.275 [Amended by 1969 c.343 §10; repealed by 1971
c.727 §203]
TRUSTEE TO
ENSURE COMPLIANCE WITH CARE RULES
     441.277
Definitions for ORS 441.277 to 441.323. As used in ORS 441.277 to 441.323:
     (1) “Department” means the Department of
Human Services.
     (2) “Director” means the Director of Human
Services.
     (3) “Facility” means a long term care
facility as defined in ORS 442.015 or a residential care facility as defined in
ORS 443.400. Facilities licensed under ORS 418.205 to 418.325 by the department
are exempt from ORS 441.277 to 441.323.
     (4) “Monitor” means an agent of the
director designated by the director to observe the operation of a facility. [1981
c.868 §1; 1987 c.428 §17; 1987 c.548 §5; 2001 c.900 §173; 2003 c.14 §254]
     441.280 [Amended by 1969 c.343 §11; 1971 c.727 §117;
renumbered 440.325]
     441.281
Petition for appointment of trustee; hearing; order. (1) The Director of Human Services may
petition the circuit court for the county in which a facility is located for an
order appointing a trustee to administer the facility for a period not to
exceed 18 months.
     (2) The court shall hold a hearing on a
petition filed under subsection (1) of this section within 10 days of the
filing of the petition. The petition shall be placed at the head of the docket.
     (3) The petition and notice of the hearing
shall be served on the person or body legally responsible for the facility.
Service at the facility to the individual in charge shall be considered service
on the owner.
     (4) If the court determines at the hearing
that grounds exist for the appointment of a trustee under ORS 441.286, the
court shall enter the order. [1981 c.868 §2; 1985 c.648 §1; 1987 c.428 §18]
     441.285 [Amended by 1969 c.343 §12; repealed by 1969
c.343 §28; amended by 1969 c.669 §8; 1973 c.796 §61; renumbered 440.330]
     441.286
Grounds for appointment of trustee. The grounds for the appointment of a trustee shall be that the health
and welfare of patients in a facility are now or in the immediate future will
be in jeopardy based on:
     (1) Sufficient prior surveys or
investigations of complaints resulting in the determination that the complaints
are supported by findings, and evidence that the Department of Human Services
has attempted by findings of survey deficiencies and imposition of civil
penalties to bring the long term care facility into compliance with statute and
rules.
     (2) No improvement in patient care, health
and welfare over a seven-day period after the survey or investigation as defined
by:
     (a) Physicians’ orders not being followed
correctly.
     (b) The lack of, or inadequate direct
patient care to the point that the patient has or is suffering physical harm.
     (c) Deficient staffing to the point of
causing physical or mental harm to the patient.
     (d) Physical injury to a patient of a long
term care facility which has been determined by the department to be caused by
other than accidental means and for which the administrator has not taken
necessary action.
     (3) The person or body legally responsible
is unwilling or unable, or both, to upgrade the quality of patient care to the
level necessary to protect the health and welfare of the patients.
     (4) The facility is insolvent.
     (5) The department has revoked or
suspended the license of the facility.
     (6) The operator intends to close the
facility and has not made adequate arrangements for relocation of the
residents.
     (7) The facility refuses to allow the
monitors access to the facility. [1981 c.868 §3; 1985 c.648 §2; 1987 c.428 §19]
     441.289
Powers and duties of trustee.
A trustee appointed under ORS 441.286:
     (1) May exercise any powers and shall
perform any duties required by the court.
     (2) Shall operate the facility in such a
manner as to protect the health and welfare of the patients.
     (3) Shall have the same rights to
possession of the building in which the facility is located and of all goods
and fixtures in the building at the time the petition for the appointment of
the trustee is filed as the person or body legally responsible would have had
if the trustee had not been appointed.
     (4) Shall take such action as is
reasonably necessary to protect and conserve the assets and property the
trustee takes in possession, or the proceeds of any transfer thereof, and may
use them only in the performance of the powers and duties set forth in this
section and by order of the court.
     (5) May receive and spend the facility’s
income and encumber its assets to the extent specifically authorized by the
court and do all acts necessary or appropriate to promote the health and safety
of the residents.
     (6) Shall have the power to maintain an
action to reach the assets of the parent corporation if it appears to the court
that the parent corporation is the actual controlling owner of the facility and
that the named owner is not in control of the facility.
     (7) May use the building, fixtures,
furnishings and any accompanying consumable goods in the provision of care and
services to patients at the time the petition for the appointment of the
trustee was filed.
     (8) Shall collect payments for all goods
and services provided to patients during the period of the trust, at the same
rate of payment charged by the facility at the time the petition for the
appointment of the trustee was filed, unless a different rate is set by the
court.
     (9) May correct or eliminate any
deficiency in the structure or furnishings of the facility which endangers the
health or welfare of the patients while they remain in the facility. However,
the total cost of correction shall not exceed $3,000 unless the court orders
expenditures for this purpose in excess of $3,000 upon application by the
trustee.
     (10) May make contracts and hire agents
and employees to assist the trustee in carrying out the powers and duties
described in this section, subject to approval by the court.
     (11) Except as provided in ORS 441.296,
shall honor all leases, mortgages and secured transactions governing the
building in which this facility is located and all goods and fixtures in the
building of which the trustee has taken possession, but only to the extent of
payments which, in the case of a rental agreement, are for the use of the
property during the period of the trust, or which, in the case of a purchase
agreement, come due during the period of the trust.
     (12) May direct, manage and discharge
employees of the facility, subject to any contract rights they may have.
     (13) Shall pay employees at the same rate
of compensation, including benefits, that the employees would have received
from the owner, operator or other controlling person, except the trustee shall
compensate employees only for time actually worked during the period of the
trust and shall not be responsible for reimbursement for vacations or periods
of sick leave. However, in no case shall a trustee compensate any employee of a
facility in an amount which is less than the minimum amount required by law.
     (14) Shall be entitled to take possession
of all property or assets belonging to patients which are in the possession of
the long term care facility.
     (15) Shall preserve and protect all
property, assets and records of patients of which the trustee takes possession.
     (16) Shall, if the facility ceases to
operate during the period of the trust and any patient is transferred as a
result thereof, ensure that:
     (a) Transportation of the patient, the
patientÂ’s belongings and the medical record to the new location is provided.
     (b) Aid for locating alternative
placements is available to the patient or the patientÂ’s legal representative.
     (c) Each patient is physically and
mentally prepared for transfer to avoid possible trauma due to the transfer.
     (d) Each patient or the patient’s legal
representative is permitted to participate in the selection of the new
placement.
     (17) Is an agent of the state for purposes
of ORS 30.260 to 30.300 for which the Department of Human Services shall be
assessed and the department may use the account established under ORS 441.303
to pay the assessment. [1981 c.868 §4; 1985 c.731 §28; 1987 c.428 §20; 1997
c.249 §140]
     441.290 [Renumbered 440.335]
     441.293
Liability to trustee for goods and services after notice; effect of nonpayment. (1) A person who is served with notice of an
order of the court appointing a trustee, with the trusteeÂ’s name and address,
shall be liable to pay the trustee for any goods or services provided by the
trustee after the date of the order if the person would have been liable for
the goods or services as supplied by the person or body legally responsible for
the facility. The trustee shall give a receipt for each payment and shall keep
a copy of each receipt on file. The trustee shall deposit amounts received in a
special account and may use this or any other similar account for
disbursements.
     (2) The trustee may bring an action to
enforce the liability created by subsection (1) of this section. Proof of
payment to the trustee is as effective in favor of the person making the
payment as payment of the amount to the person who would have been entitled to
receive the sum so paid.
     (3) A patient shall not be discharged, nor
shall any contract or rights be forfeited or impaired, nor shall forfeiture or
liability be increased, by reason of an omission to pay a person or body
legally responsible for the facility a sum paid to the trustee. [1981 c.868 §5]
     441.295 [Amended by 1969 c.343 §§13,27; 1969 c.344 §6;
1971 c.403 §7; renumbered 440.340]
     441.296
Liability for rent or contracts. (1) A trustee is not required to honor any lease, mortgage, secured
transaction or other wholly or partially executory contract entered into by the
person or body legally responsible for the facility if in the judgment of the
court the terms thereof are unconscionable.
     (2) If the trustee is in possession of
real estate or goods subject to a lease, mortgage or security interest which
the trustee is permitted to avoid under subsection (1) of this section, and if
the real estate or goods are necessary for the continued operation of the
facility, the trustee may apply to the court to set a reasonable rental. The
court shall hold a hearing on the application within 15 days. The trustee shall
send notice of the application to any known owners of the property involved at
least 10 days prior to the hearing. Payment by the trustee of the amount
determined by the court to be reasonable is a defense to any action against the
trustee for payment or for possession of the goods or real estate subject to
the lease or mortgage involved by any person who received such notice. However,
the payment does not relieve the person or body legally responsible for the
facility of any liability for the difference between the amount paid by the
trustee and the amount due under the original lease or mortgage involved. [1981
c.868 §6]
     441.300 [Amended by 1969 c.343 §14; repealed by 1969
c.343 §29 and 1969 c.345 §20]
     441.301
Payment of expenses when income inadequate. If funds collected under ORS 441.289 and 441.293 are insufficient to
meet the expenses of performing the powers and duties conferred on the trustee
by ORS 441.277 to 441.323, or if there are insufficient funds on hand to meet
those expenses, the Department of Human Services may draw from the supplemental
funds created under ORS 441.303 to pay those expenses. Operating funds
collected under this section and not applied to the expenses of the trust shall
be used to reimburse the fund for advances made under this section. [1981 c.868
§7]
     441.303
Fees from facilities in addition to license fee; use of fees. (1) To establish and maintain a fund to meet
expenses of a trustee if moneys collected under ORS 441.289 and 441.293 are
insufficient, the Department of Human Services shall require a payment equal to
the equivalent of the annual license fee for the facility. The payment shall be
due annually on a date fixed by the department and enforced in the same manner
as the license fee for the particular facility is payable and enforceable. The
amount of payments shall be set so as to acquire in the account the $300,000
described in subsection (3) of this section at the end of six years from the
initial payment year.
     (2) Funds collected under this section
and, notwithstanding ORS 293.140, all interest earned on cash balances thereof
invested by the State Treasurer shall be maintained as a fund in the State
Treasury, separate and distinct from the General Fund, and are continuously
appropriated to the department to pay the expenses of the trust.
     (3) Whenever the fund established under
this section reaches $300,000, the department shall discontinue collecting the
payment described in subsection (1) of this section. However, whenever the fund
falls below $300,000, the department shall reinstitute the payment described in
subsection (1) of this section until the fund is restored to $300,000. If the
amount collected would raise more than required, the department shall prorate
the payment of each facility so as to raise no more than required. The
department may use reasonable amounts from the fund necessary to administer the
fund.
     (4) Whenever the department is required to
use any amount in the fund to operate a facility under ORS 441.289 and 441.293,
the amount used shall constitute a loan to the facility and shall be repayable
to the fund under such terms and conditions as the facility and the department
agree. The rate of interest shall be set by the department to reflect the
prevailing market rate on similar loans. The interest shall be credited to the
separate fund described in subsection (2) of this section.
     (5) The assessment imposed under this
section shall be considered an allowable cost in setting the reimbursement
rates of a facility by the department.
     (6) The court may order that the trustee
file an undertaking with the clerk of the court. The fund collected under this
section may serve as surety for the undertaking. [1981 c.868 §7a; 1983 c.787 §1;
1987 c.428 §21; 1989 c.966 §49; 2003 c.14 §255]
     441.305 [Amended by 1969 c.343 §15; 1971 c.647 §79;
renumbered 440.350]
     441.306
Compensation of trustee. The
court shall set the compensation of the trustee. That compensation and the
compensation of the employees shall be considered a necessary expense of the
trust. [1981 c.868 §8]
     441.307 [1957 s.s. c.13 §7; 1969 c.343 §16; repealed
by 1971 c.647 §149]
     441.308 [Repealed by 1957 s.s. c.13 §8]
     441.309
Trustee as public employee.
(1) In any action or special proceeding brought against a trustee in the
trusteeÂ’s official capacity for acts committed while carrying out the powers
granted and duties imposed by ORS 441.277 to 441.323, the trustee shall be
considered a public employee.
     (2) A trustee may be held liable in a
personal capacity only for the trusteeÂ’s own gross negligence, intentional acts
or breach of fiduciary duty. [1981 c.868 §9]
     441.310 [Amended by 1959 c.616 §1; 1969 c.343 §17;
repealed by 1971 c.647 §149]
     441.312
License renewal of facility placed in trust. Notwithstanding other provisions of law concerning licensing of long
term care facilities, a license renewal may be issued to a facility placed in
trust under ORS 441.286. The duration of a license issued under this section is
limited to the duration of the trust. [1981 c.868 §10]
     441.315 [Amended by 1971 c.647 §80; renumbered
440.355]
     441.316
Termination of trust; extension; license revocation. (1) The court may terminate a trust if the
time period specified in the order appointing the trustee lapses or if the
patients in the facility have been provided with care in another facility or
upon petition of the person or body legally responsible for the facility if the
person or body legally responsible intends to discontinue the operation of or
close the facility during the period of the trust. The court may use its
discretion in terminating a trust upon petition of the person or body legally
responsible for the facility to determine whether discontinuance or closure
will promote the health and safety of the patients.
     (2) At the expiration of the period for
which the trustee was appointed, the court shall make a determination as to the
future of the facility based upon evidence presented to the court. At that time
the court may decide to:
     (a) Order the Department of Human Services
to issue a new license to the owners, body or person legally responsible for
the facility and permit the facility to continue in operation;
     (b) Extend the period of appointment of
the trustee by not more than 90 days; or
     (c) Order the department without further
administrative hearing to revoke the license of the facility.
     (3) Nothing in ORS 441.277 to 441.323 is
intended to limit or prohibit any person or body legally responsible for the
facility from ceasing the operation of and closing a facility during the period
of the trust. However, the person or body legally responsible intending to do
so shall give written notice of the intended action of the trustee pursuant to
rules of the department. The trustee may continue to operate the facility for a
period of not more than 60 days after notice is received. The person or body
legally responsible shall be liable for any expenses incurred in the operation
of the facility during this period. [1981 c.868 §11; 1987 c.428 §22]
     441.318
Trustee accounting; lien.
(1) Within 60 days following the creation of the trust by the court, and every
60 days thereafter, and within 30 days after the termination of the trust, the
trustee shall give the court and the Department of Human Services a complete
accounting of all property of which the trustee has taken possession, all funds
collected under ORS 441.289 and 441.293 and all expenses incurred by the trust.
The trustee shall prepare a report and file it with the court and the department
making recommendations concerning the current condition of the facility and
projections for future operation of the facility and the conditions of the
health and welfare of the patients.
     (2) If the operating funds collected by
the trustee under ORS 441.289 and 441.293 exceed the reasonable expenses of the
trust, the court shall order payment of the surplus to the person or body
legally responsible after reimbursement to the department of funds contributed
under ORS 441.303. If the operating funds are insufficient to cover the
reasonable expenses of the trust, the person or body legally responsible for
the facility shall be liable for the deficiency. The person or body legally
responsible for the facility may apply to the court to determine the reasonableness
of any expense incurred by the trust. The person or body responsible for the
facility shall not be responsible for expenses in excess of what the court
finds to be reasonable. Payment recovered from the person or body legally
responsible for the facility shall be credited to reimburse the account for
funds contributed by the department under ORS 441.303.
     (3) The department shall have a lien for
any deficiency under subsection (2) of this section upon any beneficial
interest, direct or indirect, of any person or body legally responsible for the
facility operation, of any person or body legally responsible for the building
in which the facility is located or the land on which the facility is located
and any fixtures, equipment or goods used in the operation of the facility and
the proceeds from any conveyance of such property made by the person or body
legally responsible within one year prior to the filing of the petition for
appointment of a trustee.
     (4) The lien provided in subsection (3) of
this section is prior to any lien or other interest which originates subsequent
to the filing of a petition for appointment of a trustee under ORS 441.286,
except for a construction lien arising out of work performed with the express
consent of the trustee. [1981 c.868 §12; 1987 c.428 §23]
     441.320 [Amended by 1967 c.37 §1; 1967 c.353 §1;
1971 c.89 §1; 1971 c.727 §118; renumbered 440.360]
     441.323
Effect of trust on prior obligations or civil or criminal liabilities. (1) Nothing in ORS 441.277 to 441.323 is
intended:
     (a) To relieve any person or body legally
responsible for the facility placed in trust of any civil or criminal liability
incurred, or any duty imposed by law by reason of acts or omissions of the
person or body legally responsible prior to the appointment of a trustee under
ORS 441.286.
     (b) To suspend any obligation of the
person or body legally responsible for payment of taxes or other operating and
maintenance expenses of the facility or payment of mortgages or other liens
during the term of the trust.
     (2) No person or body legally responsible
shall be held professionally liable for acts or omissions of the trustee or the
trustee’s employees during the term of the trust. [1981 c.868 §13]
     441.325 [Renumbered 440.365]
     441.330 [Renumbered 440.370]
     441.335 [Amended by 1963 c.9 §25; 1969 c.343 §18;
renumbered 440.375]
     441.340 [Repealed by 1971 c.647 §149]
     441.345 [Amended by 1969 c.2 §1; 1969 c.343 §19;
1969 c.694 §7; 1971 c.36 §4; renumbered 440.380]
     441.350 [Amended by 1969 c.343 §20; renumbered
440.385]
     441.355 [Renumbered 440.390]
MOVES FROM
LONG TERM CARE FACILITIES
     441.357
Definitions for ORS 441.357 to 441.367. As used in ORS 441.357 to 441.367:
     (1) “Informed written consent” means
voluntary consent in writing given after receipt and understanding of a written
statement of a residentÂ’s rights under ORS 441.362 (1) to (5).
     (2) “Long term care facility” means any
long term care facility as defined in ORS 442.015.
     (3) “Move from a long term care facility”
means any move, relocation, discharge or transfer out of a long term care
facility which terminates residence at the long term care facility.
     (4) “Resident” means an individual
receiving care in a long term care facility. [1983 c.269 §1; 1985 c.747 §51]
     441.360 [Amended by 1963 c.9 §26; 1969 c.694 §8;
renumbered 440.395]
     441.362
Notice by Department of Human Services prior to move or termination; hearing;
consent to move; who may consent. (1) The Department of Human Services shall not move any resident from
a long term care facility or terminate payment for a resident of a long term
care facility without providing 30 daysÂ’ written notice to the resident of the
reasons for the move or termination of payment, the residentÂ’s right to a
hearing in accordance with ORS chapter 183 and the grounds for contesting the
move or termination of payment.
     (2) Written notice in accordance with this
section shall be provided by the department in all moves, including situations
where the resident requests or initiates the move.
     (3) The request for hearing must be made
to the department within 10 days of the service or delivery of the written
notice to move.
     (4) Notwithstanding subsection (1) of this
section, the department may move a resident less than 30 days after the service
of the notice if the resident gives informed written consent to the move or
termination of payment.
     (5) In the event the resident is
cognitively impaired, informed written consent can only be given by a guardian,
conservator, person holding a general power of attorney, person designated by
the resident to receive notice of a move or termination of payment or person
who requested the receipt of notice of a move or termination of payment. [1983
c.269 §2]
     441.365 [Amended by 1961 c.396 §1; 1969 c.343 §20a;
1969 c.694 §9; 1971 c.36 §5; 1973 c.284 §3; renumbered 440.400]
     441.367
Facility required to give notice of base rate and policy on nonpayment; rules;
notice of changes; civil penalty. (1) The Department of Human Services by rule shall require long term
care facilities licensed under ORS 441.020 to provide written and oral notice
before or at the time of admission to any resident who does not receive medical
assistance under ORS chapter 414, specifying:
     (a) The base daily rate and any additional
expenses reasonably to be expected including medical supplies, pharmacy and
doctor visits and the charges for incontinency care, feeding and laundry; and
     (b) The long term care facility’s policy
regarding residents who become unable to pay facility charges by reason of
exhaustion of all income and resources to or below the level of eligibility for
medical assistance.
     (2) A long term care facility shall give
30 daysÂ’ notice in writing to all residents of changes in additional expenses
or charges.
     (3) The Director of Human Services may
impose a civil penalty for violation of subsection (1) of this section under
ORS 441.710 (1)(b). [1983 c.269 §§3,4,5; 1987 c.428 §24]
     441.370 [Amended by 1969 c.343 §21; renumbered
440.405]
     441.375 [Amended by 1973 c.284 §4; renumbered
440.410]
     441.380 [Amended by 1969 c.343 §22; repealed by 1971
c.727 §203]
     441.385 [Amended by 1969 c.343 §23; repealed by 1971
c.727 §203]
     441.390 [Amended by 1969 c.343 §24; repealed by 1971
c.727 §203]
     441.395 [Subsection (2) enacted as 1957 c.584 §1;
repealed by 1969 c.343 §30]
     441.400 [Amended by 1969 c.343 §25; repealed by 1971
c.727 §203]
     441.405 [Amended by 1969 c.343 §26; repealed by 1971
c.727 §203]
     441.410 [Repealed by 1971 c.727 §203]
     441.415 [1973 c.837 §2; 1977 c.751 §40; renumbered
442.400]
     441.420 [1973 c.837 §1; 1977 c.751 §41; renumbered
442.405]
     441.425 [1973 c.837 §3; repealed by 1977 c.751 §57]
     441.430 [1973 c.837 §4; repealed by 1977 c.751 §57]
     441.435 [1973 c.837 §6; 1977 c.751 §42; renumbered
442.420]
     441.440 [1973 c.837 §7; renumbered 442.425]
     441.445 [1973 c.837 §8; renumbered 442.430]
     441.460 [1973 c.837 §9; 1977 c.751 §43; renumbered
442.435]
     441.465 [1973 c.837 §10; renumbered 442.440]
     441.470 [1973 c.837 §11; repealed by 1977 c.751 §57]
     441.475 [1973 c.837 §5; repealed by 1977 c.751 §57]
     441.480 [1973 c.837 §12; renumbered 442.445]
     441.505 [Subsection (2) enacted as 1957 c.584 §2;
1967 c.498 §5; renumbered 440.505]
     441.510 [Renumbered 441.810]
     441.515 [1971 c.166 §1; renumbered 441.815]
FINANCING OF
HEALTH CARE FACILITIES CONSTRUCTION
     441.525
Definitions for ORS 441.525 to 441.595. As used in ORS 441.525 to 441.595, unless the context requires
otherwise:
     (1) “Adult congregate living facility”
means any institution, building or buildings, residential facility for elderly
persons and persons with disabilities, or other place, operated as a nonprofit
corporation which undertakes through its ownership or management to provide
housing, meals and the availability of other supportive services.
     (2) “Authority” means any public authority
organized or existing pursuant to ORS 441.525 to 441.595.
     (3) “Governing body” means the county
court, board of county commissioners, council or other legislative body of any
municipality.
     (4) “Hospital facility” means any
structure, system, machinery, equipment or other real or personal property
useful for or incidental to inpatient or outpatient care or administration,
service or support for such care or any combination thereof which is provided
by a political subdivision of this state or any private nonprofit corporation,
which is operating or proposes to operate an adult congregate living facility,
or a health care facility as defined by ORS 442.015.
     (5) “Municipality” means any health
district, city or county and further means any municipal corporation resulting
from a city-county or city consolidation or a merger of cities. [1973 c.153 §2;
1981 c.161 §1; 1983 c.740 §157; 1989 c.224 §94; 2007 c.70 §241]
     441.530
Policy. In order to provide
the people of Oregon with access to adequate medical care and hospital
facilities, the Legislative Assembly finds that it is necessary and desirable
to authorize the creation in the several counties and cities of public
authorities having the power to acquire, own, lease, sell and otherwise dispose
of hospital facilities, and to authorize municipalities which create
authorities to utilize those authorities to issue bonds and other obligations
on behalf of such municipalities in order that the municipalities may provide
hospital facilities. [1973 c.153 §1; 1977 c.201 §2]
     441.532
Municipalities authorized to create authority; issuance of obligations; conditions;
purpose of authority. Only a
municipality may create an authority. Such a municipality may utilize an
authority to issue obligations on behalf of the municipality in order to
provide hospital facilities for the people of the municipality. No authority
shall issue obligations on behalf of more than one municipality. An authority
shall not be created or continued in existence for any purpose other than to
provide hospital facilities as provided in ORS 441.525 to 441.595. [1977 c.201 §3]
     441.535
Procedure to create public authority. (1) A governing body may upon its own motion, and shall upon the
written request of any three or more natural persons, consider whether it is
advisable to create a public authority for the purpose of providing hospital
facilities.
     (2) If the governing body, after public
hearing according to its rules, determines that it is wise and desirable to
create in a public authority the power and duties set forth in ORS 441.525 to
441.595, it shall by ordinance or resolution establish such an authority. The
ordinance or resolution shall set forth:
     (a) The name of the authority, which shall
be “The Hospital Facility Authority of (Municipality),
     (b) The number of directors of the
authority, which shall not be less than five nor more than 11.
     (c) The names of the initial directors and
their terms of service, which shall not exceed six years. At least one director
shall also be a member of the governing body. Such director shall serve only so
long as the director is a member of the governing body and, in any event, no
longer than six years.
     (d) Such other provisions as may be
appropriate and not inconsistent with ORS 441.525 to 441.595 or the laws of
     (3) Upon the adoption of such an ordinance
or resolution, the authority shall be deemed established as a municipal
corporation of this state and as a body corporate and politic exercising public
powers.
     (4) An authority so organized shall have
all the powers and duties contained in ORS 441.525 to 441.595. The governing
body, at its sole discretion and at any time, may alter or change the
structure, organization, programs or activities of the authority, subject to
any limitations imposed by law on the impairment of contracts. The governing
body may dissolve the authority at any time, provided the authority has no
bonds or other obligations outstanding. [1973 c.153 §3; 1977 c.201 §4]
     441.540
Board of directors; rules; conflict of interest; quorum; personnel. (1) An authority shall be managed and
controlled by a board of directors, who shall be appointed by the governing
body. The directors may be removed for cause or at the will of the governing
body. The directors shall serve without compensation. However, the authority
may reimburse the directors for their expenses incurred in the performance of
their duties.
     (2) The board of directors shall adopt and
may amend rules for calling and conducting its meetings and carrying out its
business and may adopt an official seal. All decisions of the board shall be by
motion or resolution and shall be recorded in the boardÂ’s minute book which
shall be a public record. A majority of the board shall constitute a quorum for
the transaction of business and a majority thereof shall be sufficient for the
passage of any such motion or resolution.
     (3) The board may employ such employees
and agents as it deems appropriate and provide for their compensation.
     (4) Notwithstanding the exception for
pecuniary benefit or detriment described in ORS 244.020 (11)(c), a director is
a public official subject to the requirements of ORS chapter 244 based on an
actual conflict of interest or a potential conflict of interest arising out of
the directorÂ’s relationship with a nonprofit corporation that is tax-exempt
under section 501(c) of the Internal Revenue Code, including employment with
the nonprofit corporation or a relationship with a foundation that provides
assistance to the nonprofit corporation. [1973 c.153 §4; 1977 c.201 §5; 2007
c.813 §1]
     441.545
Authority may not levy taxes.
An authority shall not have the right or power to levy taxes or to operate a
hospital facility. [1973 c.153 §5]
     441.550
General powers. Except as
otherwise provided in ORS 441.545, an authority shall have all powers necessary
to accomplish the purpose of providing hospital facilities for the people of
     (1) To sue and be sued in its own name.
     (2) To acquire by purchase, construction,
exchange, gift, lease, or otherwise, and to improve, extend, maintain, equip
and furnish hospital facilities, which hospital facilities may be either within
or without the corporate limits of the municipality by which the authority is
created.
     (3) To lease such hospital facilities to
any one or more political subdivisions of this state or any private nonprofit
corporations which are operating or propose to operate an inpatient care
facility subject to the licensing and supervision requirements of ORS 441.015
to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and
442.400 to 442.463 upon such terms and conditions as the board deems
appropriate, to charge and collect rents and to terminate any such lease upon
default of the lessee.
     (4) To enter into options and agreements
for the renewal or extension of such leases of hospital facilities or for the
conveyance of such hospital facilities.
     (5) To sell, exchange, donate and convey
any or all of its hospital facilities or other assets.
     (6) To borrow money and to issue notes and
revenue bonds for the purpose of carrying out its powers.
     (7) To mortgage and pledge its assets, or
any portion thereof, whether then owned or thereafter acquired, to pledge the
revenues and receipts from such assets, to acquire, hold, and dispose of
mortgages and other similar documents relating to hospital facilities, and to
arrange and provide for guarantee and other security agreements therefor.
     (8) To loan money for the construction of
and improvements to hospital facilities.
     (9) To enter into contracts, leases and
other undertakings in its own name.
     (10) To adopt and amend ordinances and
resolutions. [1973 c.153 §6; 1983 c.413 §1]
     441.555
Issuance of revenue obligations; nature of obligation; refunding. (1) To accomplish its purposes, an authority
shall have the power to issue revenue obligations payable from the revenues
derived by it from repayment of loans or from its ownership or sale of any one
or more hospital facilities. The issuance of such revenue obligations shall be
governed by the provisions of subsections (2) to (8) of this section, and shall
not be subject to the prior approval of the electors of the municipality.
     (2) The authority shall issue revenue
obligations only by bond resolution duly adopted by its board of directors. The
bond resolution shall specify the public purposes for which the proceeds of the
revenue obligations shall be expended, declare the estimated cost of carrying
out such purposes, contain such covenants, and provide for the issuance and
sale of revenue obligations in such form and amount as the directors determine.
In declaring such cost, the directors may include the funds necessary for
working capital during construction, reserves, interest during construction,
the payment of organizational, planning, financing and legal expenses, the
repayment of advances and the start-up costs. The bond resolution may provide
that hospital facilities subsequently acquired or constructed by the authority
shall be deemed betterments or additions to, or extensions of, the specified
hospital facility, whether or not physically connected.
     (3) The bond resolution shall provide for
the establishment of one or more special funds, and such funds may be under the
control of the board or one or more trustees. The bond resolution shall
obligate the authority to deposit and expend the proceeds of the revenue
obligations only into and from such fund or funds, and to set aside and pay
into such fund or funds any fixed proportion or fixed amount of the revenues
derived by it from any or all of its hospital facilities or other corporate
activities, as the board finds in the best interest of the authority and the
payment of its obligations. The authority may issue and sell revenue
obligations payable as to interest and principal only out of such fund or
funds.
     (4) Any revenue obligations issued against
any fund or funds provided for in subsection (3) of this section shall be a
valid claim of the holder thereof only as against such special fund or funds,
the proportion or amount of the revenues pledged to such fund or funds and such
assets as the authority may have pledged. Each such revenue obligation shall
state on its face that it is payable from a special fund or funds, naming the
fund or funds and the resolution creating it or them.
     (5) Any pledge of revenues or other moneys
or obligations or assets made by an authority shall be valid and binding from
the time that the pledge is made against any parties having subsequent claims
of any kind in tort, contract, or otherwise against an authority, irrespective
of whether such parties have actual notice thereof. The pledge shall be noted
in the authorityÂ’s minute book which shall be constructive notice thereof to
all parties and neither the resolution nor other instrument by which a pledge
is created need be otherwise recorded, nor shall the filing of any financing
statement under the Uniform Commercial Code be required to perfect such pledge.
Revenues or other moneys or obligations or assets so pledged and later received
by an authority shall immediately be subject to the lien of the pledge without
any physical delivery or further act.
     (6) The revenue obligations issued under
the provisions of subsections (1) to (5) of this section shall bear such date
or dates, mature at such time or times, be in such denominations, be in such
form, either coupon or registered or both, carry such registration privileges,
be made transferable, exchangeable and interchangeable, be payable in such
medium, at such place or places, contain such covenants, and be subject to such
terms of redemption as the board of directors shall declare in the bond
resolution.
     (7) Notwithstanding any other provision of
law, the revenue obligations issued by an authority may be sold by the board of
directors upon such terms and conditions and at such rate or rates of interest
and for such price or prices as it may deem most advantageous to the authority,
with or without public bidding. The authority may make contracts for future
sale from time to time of revenue obligations by which the contract purchasers
shall be committed to the prices, terms and conditions stated in such contract,
and the board of directors may pay such consideration as it deems proper for
such commitments.
     (8) The board of directors may provide by
resolution for the issuance of funding and refunding revenue obligations in
order to take up and refund any one or more series, or portion of a series, of
outstanding revenue obligations at such time or times as it may determine. Such
refunding revenue obligations may be sold or exchanged at par or otherwise as
the board of directors determines is in the best interest of the authority.
     (9) All revenue obligations issued pursuant
to this section shall be legal securities which may be used by any insured
institution or trust company, as those terms are defined in ORS 706.008, for
deposit with the State Treasurer or a county treasurer or city treasurer, as
security for deposits in lieu of a surety bond under any law relating to
deposits of public moneys and shall constitute legal investments for public
bodies, trustees and other fiduciaries, banks, savings and loan associations,
and insurance companies. All such revenue obligations and all coupons
appertaining thereto shall be negotiable instruments within the meaning of and
for all purposes of the law of this state. [1973 c.153 §7; 1983 c.413 §2; 1997
c.631 §471]
     441.560
Borrowing; bond anticipation notes. An authority may borrow from banks or other lenders such sums on such
terms as the board of directors deems necessary or advisable. An authority may
also issue, sell and assume bond anticipation notes or their equivalent, which
shall bear such date or dates, mature at such time or times, be in such
denominations and in such form, be payable in such medium, at such place or
places, and be subject to such terms of redemption, as the board deems
necessary or advisable. [1973 c.153 §8]
     441.565
Obligations of authority not obligations of municipality. The revenue bonds and other obligations of
an authority shall not be a general obligation of the municipality nor a charge
upon the tax revenues of the municipality. [1973 c.153 §9]
     441.570
Payment of principal and interest. The board of directors shall establish rentals, selling prices, and
other charges at least adequate to pay the principal of and interest on the
obligations of the authority as the same become due, including payments to any
special fund or funds, together with the financing and other costs of the
authority. [1973 c.153 §10]
     441.575
Authorities may act jointly.
All powers and responsibilities provided in ORS 441.525 to 441.595 may be
exercised and discharged by two or more authorities acting jointly to
effectuate the purposes of ORS 441.525 to 441.595. [1973 c.153 §11]
     441.580
Authority as public body; tax status of assets, income and bonds. An authority is hereby declared to be a
public body performing a public function. Accordingly, an authority, all assets
at any time owned by it, the income therefrom, and all bonds issued by an
authority, together with the coupons applicable thereto, and the income
therefrom, shall be exempt from all taxation in the State of Oregon; provided,
however, that real and personal property owned by the authority and leased to a
third party shall be subject to property taxation if such property would be
subject to taxation if owned by the lessee thereof. All bonds issued by an
authority shall be deemed to be securities issued by a political subdivision of
the State of
     441.585
Disposition of excess earnings; disposition of assets on dissolution. The earnings of the authority in excess of
the amount required for the retirement of indebtedness or the accomplishment of
the purposes stated in ORS 441.525 to 441.595 shall not inure to the benefit of
any person or body other than the municipality creating the authority. Upon
dissolution of an authority, any assets remaining after provision for payment
of the obligations and expenses of the authority shall become the assets of the
municipality. [1973 c.153 §13; 1977 c.201 §6]
     441.590
Authority granted by ORS 441.525 to 441.595. ORS 441.525 to 441.595 are complete authority for the organization of
authorities and for the issuance and sale of revenue bonds and refunding
revenue bonds. Any restrictions, limitations, conditions or procedures provided
by other statutes, including but not limited to the provisions of ORS chapter
198 and ORS 440.305 to 440.410, do not apply to the organization of authorities
and the issuance and sale of revenue bonds pursuant to ORS 441.525 to 441.595.
However, nothing contained in ORS 441.525 to 441.595 shall be construed as a
restriction or limitation upon any powers which an authority might otherwise
have under any law of this state or the charter of any municipality. [1973
c.153 §14; 2005 c.443 §25]
     441.595
Construction of ORS 441.525 to 441.595. ORS 441.525 to 441.595 shall be liberally construed to effect its
purposes. In the event that any portion of ORS 441.525 to 441.595 is declared
invalid or otherwise unenforceable by a court of record, the remaining
provisions of ORS 441.525 to 441.595 shall nevertheless remain in full force
and effect. [1973 c.153 §15]
LONG TERM
CARE FACILITIES
(Nursing Home
PatientsÂ’ Bill of Rights)
     441.600
Definitions for ORS 441.600 to 441.625. As used in ORS 441.600 to 441.625 unless the context requires
otherwise:
     (1) “Department” means the Department of
Human Services.
     (2) “Facility” means a long term care
facility as defined in ORS 442.015.
     (3) “Legal representative” means attorney
at law, person holding a general power of attorney, guardian, conservator or
any person appointed by a court to manage the personal or financial affairs of
a resident or person or agency legally responsible for the welfare or support
of a resident.
     (4) “Person” means an individual and every
form of organization, whether incorporated or unincorporated, including
partnership, corporation, trust, association or administrative agency or
political subdivision of this state.
     (5) “Resident” means an individual under
care in a facility. [1979 c.261 §2; 1987 c.428 §25]
     441.605
Legislative declaration of rights intended for residents. It is the intent of the Legislative Assembly
that facilities guarantee at a minimum that each resident has the right to be:
     (1) Fully informed of all resident rights
and all facility rules governing resident conduct and responsibilities.
     (2) Fully informed which services are
available and of any additional charges not covered by the daily rates or by
Medicare or Medicaid.
     (3) Informed by a physician of the medical
condition of the resident unless medically contraindicated in the medical
record, and given the opportunity to participate in planning medical treatment
and to refuse experimental research.
     (4) Transferred or discharged only for
medical reasons, or for the welfare of the resident or of other residents of
the facility, or for nonpayment and to be given reasonable advance notice to
insure orderly transfer or discharge.
     (5) Encouraged and assisted while in the
facility to exercise rights as a citizen, and to voice grievances and suggest
changes in policies and services to either staff or outside representatives
without fear of restraint, interference, coercion, discrimination or reprisal.
     (6) Allowed either to manage personal
finances or be given a quarterly report of account if the facility has been
delegated in writing to carry out this responsibility.
     (7) Free from mental and physical abuse and
assured that no chemical or physical restraints will be used except on order of
a physician.
     (8) Assured that medical and personal
records are kept confidential and unless the resident transferred, or
examination of the records is required by the third party payment contractor,
are not released outside the facility. However, nothing in this subsection is
intended to prevent a resident from authorizing access to the residentÂ’s
medical and personal records by another person.
     (9) Treated with respect and dignity and
assured complete privacy during treatment and when receiving personal care.
     (10) Assured that the resident will not be
required to perform services for the facility that are not for therapeutic
purposes as identified in the plan of care for the resident.
     (11) Allowed to associate and communicate
privately with persons of the residentÂ’s choice and send and receive personal
mail unopened unless medically contraindicated by the attending physician in
the medical record of the resident.
     (12) Allowed to participate in activities
of social, religious and community groups at the discretion of the resident
unless medically contraindicated.
     (13) Able to keep and use personal
clothing and possessions as space permits unless to do so infringes on other residentsÂ’
rights and unless medically contraindicated and upon the residentÂ’s request and
the facility managementÂ’s consent have access to a private locker, chest or
chest drawer that is provided by the resident or the facility that is large
enough to accommodate jewelry and small personal property and that can be
locked by the resident although both the resident and the facility management
may have keys.
     (14) Provided, if married, with privacy
for visits by the residentÂ’s spouse. If both spouses are residents in the
facility, they are permitted to share a room.
     (15) Not required to sign a contract or
waiver that waives the residentÂ’s right to collect payment for lost or stolen
articles. [1979 c.261 §4; 1981 c.326 §1; 1987 c.397 §1]
     441.610
Nursing home patientsÂ’ bill of rights; rules. (1) The Department of Human Services shall adopt a nursing home
patientsÂ’ bill of rights consistent with the principles set forth in ORS
441.605. The rules shall be applicable to all residents and as far as
practicable shall conform to any federal nursing home patientsÂ’ bill of rights.
     (2) The department shall periodically
review the rules to assure that they meet the principles set forth in ORS
441.605 and that they are in conformity with federal standards but in no case shall
the rules be less protective than required by ORS 441.605.
     (3) The department shall be guided by
federal interpretative standards in its enforcement of the nursing home
patients’ bill of rights. [1979 c.261 §5; 1987 c.397 §2]
     441.612
Additional rights; rules.
(1) The Department of Human Services shall adopt a bill of rights for residents
and patients of long term care facilities, as defined in ORS 442.015. The rules
shall be applicable to all residents and patients.
     (2) The rights adopted by the department
pursuant to subsection (1) of this section shall be in addition to those rights
provided in, or by rule adopted pursuant to, ORS 441.605 and 441.610.
     (3) The following rights shall be included
in the bill of rights adopted by the department pursuant to subsection (1) of
this section:
     (a) A resident or patient of a long term
care facility shall have the right to receive care from facility staff trained
to provide care that is specific to the residentÂ’s or patientÂ’s disease or
medical condition; and
     (b) A resident or patient of a long term
care facility shall have the right to receive a modified or special diet that
meets the specific requirements of the residentÂ’s or patientÂ’s disease or
medical condition. [2007 c.556 §2]
     Note: 441.612 was added to and made a part of ORS
chapter 441 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     441.615
Powers and responsibilities of department; rules. In the administration of ORS 441.600 to
441.625, 441.710 and 441.715, the Department of Human Services shall have the
following powers and responsibilities:
     (1) To inspect any facility and the
records of any facility to insure compliance with ORS 441.600 to 441.625,
441.710 and 441.715.
     (2) To adopt rules in accordance with ORS
chapter 183, including but not limited to procedures for investigations and
administrative hearings.
     (3) To file complaints and initiate
proceedings for the enforcement of ORS 441.600 to 441.625, 441.710 and 441.715
or of rules adopted under ORS 441.600 to 441.625, 441.710 and 441.715.
     (4) To issue subpoenas. [1979 c.261 §3]
     441.620
Disclosure of business information required. Each facility shall disclose to the resident in writing its legal name
and business address, and the name and business address of the administrator of
the facility, at the time of admission of a resident. Information required to
be disclosed by this section shall be kept current. [1979 c.261 §6]
(Enforcement
of Nursing Home Laws)
     441.623 [1987 c.428 §1; repealed by 2001 c.900 §261]
     441.624
Purpose. (1) ORS 124.050,
124.080, 410.190, 441.020 to 441.057, 441.060, 441.061, 441.067, 441.073,
441.085, 441.087, 441.277 to 441.289, 441.303, 441.316, 441.318, 441.367,
441.600, 441.610, 441.630, 441.650 to 441.665, 441.685, 441.690, 441.703 and
441.705 to 441.720 address the consolidation of the regulatory functions of
licensing, certification, inspection of care, utilization review, abuse
reporting and abuse investigation.
     (2) It is legislative intent that:
     (a) The Department of Human Services focus
administrative effort on the integration and consistent application and
interpretation of the regulatory functions at the nursing facility level;
     (b) Surveys and other reports, especially
with respect to client assessment, be consistently and reliably performed
throughout the state;
     (c) Positive and negative findings and
sanctions be proportional to the strengths and problems identified, within the
limits of federal statute and regulations; and
     (d) The interpretation of regulatory
criteria be independent of influence from budgetary limitations. [1987 c.428 §1a;
2001 c.900 §229]
     Note: 441.624 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 441 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     441.625
Retaliation against resident exercising rights prohibited. No facility, or any person subject to the
supervision, direction or control of a facility, shall retaliate against a
resident by increasing charges, decreasing services, rights or privileges, or
threatening to increase charges or decrease services, rights or privileges, by
taking or threatening any action to coerce or compel the resident to leave the
facility, or by abusing or threatening to harass or to abuse a resident in any
manner, after the resident or the residentÂ’s legal representative has engaged
in exercising rights given under ORS 441.605 or under rules of the Department
of Human Services under ORS 441.610. [1979 c.261 §7]
(Resident
Abuse)
     441.630
Definitions for ORS 441.630 to 441.680 and 441.995. As used in ORS 441.630 to 441.680 and
441.995:
     (1) “Abuse” means:
     (a) Any physical injury to a resident of a
long term care facility which has been caused by other than accidental means.
     (b) Failure to provide basic care or
services, which failure results in physical harm or unreasonable discomfort or
serious loss of human dignity.
     (c) Sexual contact with a resident caused
by an employee, agent or other resident of a long term care facility by force,
threat, duress or coercion.
     (d) Illegal or improper use of a resident’s
resources for the personal profit or gain of another person.
     (e) Verbal or mental abuse as prohibited
by federal law.
     (f) Corporal punishment.
     (g) Involuntary seclusion for convenience
or discipline.
     (2) “Abuse complaint” means any oral or
written communication to the department, one of its agents or a law enforcement
agency alleging abuse.
     (3) “Department” means the Department of
Human Services or a designee of the department.
     (4) “Facility” means a long term care
facility, as defined in ORS 442.015.
     (5) “Law enforcement agency” means:
     (a) Any city or municipal police
department.
     (b) Any county sheriff’s office.
     (c) The
     (d) Any district attorney.
     (6) “Public or private official” means:
     (a) Physician, including any intern or
resident.
     (b) Licensed practical nurse or registered
nurse.
     (c) Employee of the Department of Human
Services, county health department, community mental health and developmental
disabilities programs or a long term care facility or person who contracts to
provide services to a long term care facility.
     (d) Peace officer.
     (e) Member of the clergy.
     (f) Licensed clinical social worker.
     (g) Physical, speech and occupational
therapists.
     (h) Legal counsel for a resident or
guardian or family member of the resident. [1979 c.770 §1; 1981 c.470 §7; 1981
c.784 §22; 1987 c.428 §26; 1989 c.721 §53; 1993 c.759 §1; 2001 c.104 §180]
     441.635
Legislative finding. The
Legislative Assembly finds that for the purpose of preventing abuse,
safeguarding and enhancing the welfare of residents and assuring the dignity
and care to which residents are entitled, it is necessary and in the public
interest to require mandatory reports and investigations of allegedly abused
residents. [1979 c.770 §2; 1993 c.759 §2]
     441.637
Rules; submission of rules to advisory group. (1) The Department of Human Services shall implement the provisions of
ORS 441.630 to 441.680 and 441.995 and shall adopt such rules as are reasonably
necessary for the enforcement of ORS 441.630 to 441.680 and 441.995.
     (2) Prior to proceeding with the
procedures for notice prescribed under ORS 183.335, the department shall submit
any proposed rules to an advisory group consisting of representatives of long
term care providers, long term care advocates, relevant licensing boards and
the department. The department shall consider and respond to the comments of
the advisory group that pertain to any proposed rules before the department
adopts the rules. [1993 c.759 §10(1),(2)]
     Note: 441.637, 441.676, 441.677, 441.678 and
441.679 were added to and made a part of 441.630 to 441.680 by legislative
action but were not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
     441.640
Report of suspected abuse of resident required. Any public or private official having
reasonable cause to believe that any resident in a long term care facility,
with whom the official comes in contact while acting in an official capacity,
has suffered abuse, or that any person with whom the official comes in contact
while acting in an official capacity has abused a resident in a long term care
facility, shall report or cause a report to be made in the manner required in
ORS 441.645. [1979 c.770 §3; 1993 c.759 §3]
     441.645
Oral report to area agency on aging, department or law enforcement agency. (1) An oral report shall be made immediately
by telephone or otherwise to the local office of the area agency on aging or of
the Department of Human Services or to a law enforcement agency within the
county where the person making the report is at the time of contact. If known,
such reports shall contain the names and addresses of the resident and any
persons responsible for the care of the resident, the nature and the extent of
the abuse, including any evidence of previous abuse, the explanation given for
the abuse and any other information which the person making the report believes
might be helpful in establishing the cause of the abuse and the identity of the
perpetrator.
     (2) When a report is received by the area
agency or department, the area agency or the department may notify the law
enforcement agency having jurisdiction within the county where the report was
made. When a report is received by a law enforcement agency, the agency shall
immediately notify the law enforcement agency having jurisdiction if the
receiving agency does not and the local office of the area agency or the
department in the county where the report was made. [1979 c.770 §4; 1985 c.651 §4;
1993 c.759 §4]
     441.650
Investigation of abuse complaint; initial status report; content; distribution
of report; duties of investigator; investigation report. (1) Upon receipt of the oral or written
report required under ORS 441.640, or of an abuse complaint, the area agency on
aging, the Department of Human Services or the law enforcement agency shall
cause an investigation to be commenced as follows:
     (a) Within two hours, if the complaint
alleges that a residentÂ’s health or safety is in imminent danger or that the
resident has recently died, been hospitalized or been treated in an emergency
room; or
     (b) Prior to the end of the next working
day, if the complaint alleges that circumstances exist that could result in
abuse and that the circumstances could place a residentÂ’s health or safety in
imminent danger.
     (2) If the law enforcement agency
conducting the investigation finds reasonable cause to believe that abuse has
occurred, the law enforcement agency shall notify in writing the local office
of the area agency or the department as appropriate. Except in cases where
the investigation is part of nursing facility surveyor activity pursuant to
federal law, the area agency or the department shall complete an initial status
report within two working days of the start of the investigation that includes:
     (a) A summary of the complaint that
identifies each alleged incident or problem;
     (b) The status of the investigation;
     (c) Whether an abuse complaint was
initially filed at the direction of the administration of the facility;
     (d) A determination of whether protection
of the resident is needed and whether the facility must take action;
     (e) The name and telephone number of the
investigator; and
     (f) The projected date that the
investigation report will be completed and a statement that the report will be
available upon request after the department issues a letter of determination.
     (3) The initial status report described in
subsection (2) of this section shall be provided either in person or by mail to
the following individuals as soon as practicable, but no later than two working
days after its completion:
     (a) The complainant, unless the complainant
waives the requirement;
     (b) If the complaint involves a specific
resident, the resident or a person designated to receive information concerning
the resident;
     (c) A representative of the Long Term Care
Ombudsman, upon request; and
     (d) The long term care facility.
     (4) The initial status report described in
subsection (2) of this section shall be available for public inspection.
     (5) When copies of the initial status
report described in subsection (2) of this section are made available to
individuals listed in subsection (3) of this section, the names of the resident
involved, the complainant and any individuals interviewed by the investigator
shall be deleted from the copies.
     (6) In investigating an abuse complaint,
the investigator shall:
     (a) Make an unannounced visit to the
facility, except as provided by ORS 441.690, to determine the nature and cause
of the abuse of the resident;
     (b) Interview all available witnesses
identified by any source as having personal knowledge relevant to the abuse complaint,
such interviews to be private unless the witness expressly requests the
interview not to be private;
     (c) Make personal inspection of all
physical circumstances that are relevant and material and that are susceptible
to objective observation; and
     (d) Write an investigation report that
includes:
     (A) The investigator’s personal
observations;
     (B) A review of documents and records;
     (C) A summary of all witness statements;
and
     (D) A statement of the factual basis for
the findings for each incident or problem alleged in the complaint.
     (7) Within five working days of completion
of the investigation and not later than 60 days from completion of the initial
status report described in subsection (2) of this section, the investigator
shall provide the department with the written report required by subsection (6)
of this section. The department shall make the investigation report available
upon request after the letter of determination is complete. When copies of the
report are made available, the names of the resident involved, the complainant
and any individuals interviewed by the investigator shall be deleted from the
copies. [1979 c.770 §5; 1987 c.428 §29; 1993 c.759 §5]
     441.655
Immunity provided reporter of abuse. (1) Anyone participating in good faith in the making of a report
pursuant to ORS 441.630 to 441.650 and who has reasonable grounds for the
making thereof, shall have immunity from any liability, civil or criminal, that
might otherwise be incurred or imposed with respect to the making or content of
such report. Any such participant shall have the same immunity with respect to
participating in any judicial proceeding resulting from such report.
     (2) Anyone who makes a report pursuant to
ORS 441.630 to 441.650 shall not be subjected to any retaliation by any
official or employee of a long term care facility for making a report,
including but not limited to restriction of otherwise lawful access to the
facility or to any resident thereof, or, if an employee, to dismissal or
harassment. [1979 c.770 §6]
     441.660
Photographing resident; photograph as record. (1) In carrying out its duties under ORS 441.650, the law enforcement
agency, the Department of Human Services or the area agency on aging may
photograph or cause to have photographed any resident subject of the
investigation for purposes of preserving evidence of the condition of the
resident at the time of the investigation.
     (2) Notwithstanding the provisions of ORS
192.410 to 192.505, photographs taken under authority of subsection (1) of this
section shall not be considered records. [1979 c.770 §7; 1981 c.470 §6; 1987
c.428 §30; 1993 c.759 §8; 2005 c.268 §1]
     441.665
Record of reports; classification of investigation report. (1) A proper record of reports under ORS
441.640, 441.645 and 441.676 on residents in long term care facilities shall be
maintained by the Department of Human Services. Each problem or incident
alleged in a report shall be determined to be abuse, other licensing violation
or no violation. Each incident of abuse or other licensing violation alleged in
a report shall be classified as substantiated, unsubstantiated or unable to
substantiate or recorded as under appeal by the facility.
     (2) All reports shall be cataloged under
the name of the long term care facility associated with the complaint. [1979
c.770 §8; 1987 c.428 §31; 1993 c.759 §9]
     441.670 [1979 c.770 §9; repealed by 1981 c.470 §1
(441.671 enacted in lieu of 441.670)]
     441.671
Confidentiality of reports; when available. (1) Notwithstanding the provisions of ORS 192.410 to 192.505, the
names of complainants and residents compiled under the provisions of ORS
441.640 to 441.660 are confidential and are not accessible for public
inspection. However, the Department of Human Services shall make the
information available to any law enforcement agency, to any public agency which
licenses or certifies long term care facilities or licenses or certifies the
persons practicing the healing arts therein and to the Long Term Care
Ombudsman.
     (2) Except as provided in subsection (1)
of this section, the provisions of ORS 192.410 to 192.505 apply to all records
and reports compiled under ORS 441.640 to 441.665. [1981 c.470 §2 (enacted in
lieu of 441.670); 1993 c.759 §11]
     441.675
Certain evidentiary privileges inapplicable. In the case of abuse of a resident in a long term care facility, the
privileges extended under ORS 40.225 to 40.295 shall not be a ground for
excluding evidence regarding the abuse of a resident, or the cause thereof, in
any judicial proceeding resulting from a report made pursuant to ORS 441.640. [1979
c.770 §10; 1983 c.740 §158; 1993 c.759 §12]
     441.676
Investigation of licensing violations; powers of investigator. (1) For complaints of licensing violations
other than abuse, the Department of Human Services shall cause an investigation
to be completed within 90 days of the receipt of the complaint.
     (2) Except in cases where the
investigation is part of nursing facility surveyor activity pursuant to federal
law, an investigator investigating a complaint other than a complaint of abuse
shall:
     (a) Make an unannounced visit to the
facility, while complying with ORS 441.690;
     (b) Interview all available witnesses
identified by any source as having personal knowledge relevant to the
complaint, such interviews to be private unless the witness expressly requests
the interview not to be private;
     (c) Make personal inspection of all
physical circumstances that are relevant and material and that are susceptible
to objective observation; and
     (d) Write an investigation report that
includes:
     (A) The investigator’s personal
observations;
     (B) A review of documents and records;
     (C) A summary of all witness statements;
and
     (D) A statement of the factual basis for
the findings for each incident or problem alleged in the complaint. [1993 c.759
§6]
     Note: See note under 441.637.
     441.677
Letter of determination; determination rules; distribution of letter; notice to
nursing assistant. (1)
Within 60 days of receipt of the investigation documents and the written report
described in ORS 441.650 (6)(d) and 441.676 (2)(d), the Department of Human
Services shall prepare a written letter of determination that states the
departmentÂ’s determinations concerning each incident or problem alleged in the
complaint. The department shall determine whether the alleged incident or
problem was substantiated or unsubstantiated or whether the department was
unable to substantiate the alleged incident or problem. The department shall
adopt by rule definitions for the terms “substantiated,” “unsubstantiated” and “unable
to substantiate.” If the department determines that an incident or problem
alleged in the complaint is substantiated, the letter of determination shall
state whether the substantiated incident was abuse or violation of another
rule. If abuse is substantiated, the letter of determination shall state
whether the facility or an individual, or both, was responsible. The department
shall adopt by rule criteria for determining responsibility for substantiated
abuse.
     (2) A copy of the letter of determination
shall be placed in the facilityÂ’s complaint file. Copies shall be sent to the
facility, the complainant and the local office of the department. The facility
and the complainant receiving the letter of determination shall be given 10
days to respond with additional information and shall be informed of the
appeals process.
     (3) If the department determines that an
individual who holds a license or certificate for a health occupation is
directly responsible for the abuse, the department shall send a copy of its
letter of determination and investigation report to the state agency
responsible for licensing or certifying the individual in the health
occupation. In instances involving conduct of a nursing assistant, the
department shall give the nursing assistant 10 days to respond with additional
information. The department also shall notify by mail the nursing assistant
implicated in the investigation of:
     (a) The nature of the allegations;
     (b) The date and time of occurrence;
     (c) The right to an administrative review
under ORS 441.678;
     (d) The department’s intent to report the
substantiated findings to the registry maintained under ORS 678.150 after the
nursing assistant has had an opportunity for administrative review; and
     (e) The fact that the nursing assistant’s
failure to request an administrative review within 30 days from the date of the
notice will result in the departmentÂ’s reporting the substantiated findings to
the registry maintained under ORS 678.150.
     (4) Notice sent to the nursing assistant’s
last-known address is sufficient to meet the requirements of subsection (3) of
this section. [1993 c.759 §7]
     Note: See note under 441.637.
     441.678
Review of finding that nursing assistant responsible for abuse; name placed in
registry. (1) If a nursing
assistant found by the Department of Human Services to be responsible for abuse
does not respond to the department within 30 days after notice of the
opportunity for an administrative review, the department shall notify the
Oregon State Board of Nursing, which shall place the abuse finding in the
registry maintained under ORS 678.150.
     (2) If a nursing assistant is found to be
responsible for abuse, neglect or misappropriation of a residentÂ’s funds, the
nursing assistant is entitled to an administrative review under subsection (3)
of this section. If, after the review, the nursing assistant is found
responsible, the department shall notify the Oregon State Board of Nursing of
its finding, which shall place the finding in the registry maintained under ORS
678.150.
     (3) The administrative review shall be
conducted by a panel of three persons, consisting of one person from the
departmentÂ’s management staff who is responsible for the monitoring of nursing
homes, one person who is a registered nurse and who is on the staff of the
Oregon State Board of Nursing and one person who is on the staff of the
department but not directly involved in the monitoring of nursing homes and who
has expertise in areas related to nursing care in a facility. [1993 c.759 §16;
2001 c.900 §174]
     Note: See note under 441.637.
     441.679
Preemployment inquiries; when employment prohibited. (1) Before employing a registered nurse,
licensed practical nurse or nursing assistant, a long term care facility shall
contact the Oregon State Board of Nursing and inquire whether the person is
currently licensed or certified by the board and whether there has been any
disciplinary action against the person or substantiated abuse findings against
a nursing assistant.
     (2) A facility shall not employ or retain
in employment any person found responsible in an administrative procedure that
is not appealed or in a court of law for abusing, neglecting or mistreating a
person receiving long term care services, nor shall a facility employ or retain
in employment any nursing assistant against whom a finding of resident abuse
has been entered into the registry maintained under ORS 678.150. [1993 c.759 §15]
     Note: See note under 441.637.
     441.680
Spiritual healing alone not considered abuse of resident. A resident who in good faith is under
treatment solely by spiritual means through prayer in accordance with the
tenets and practices of a recognized church or religious denomination by a duly
accredited practitioner thereof shall, for this reason alone, not be considered
an abused resident within the meaning of ORS 441.630 to 441.680 and 441.995. [1979
c.770 §11; 1993 c.759 §13]
     441.685
Monitors; designation; duties; peer review of facilities. (1) Upon receipt of a report under ORS
441.645 to 441.680 or upon receipt of a complaint by a resident or legal
guardian of a resident, or other public or private official, as defined in ORS
441.630 by the Department of Human Services, the Director of Human Services may
designate monitors who shall observe the activities of the facility and report
to the director. The monitors may be designated without prior notice to the
operator or owner of the facility. The monitors shall observe the operations of
the facility for a period of not to exceed 10 days, assist the facility by
advising it on how to comply with state requirements and shall submit a written
report periodically to the director on the operation and condition of the
facility.
     (2) The monitors shall have access to the
facilities to the extent necessary to carry out their duties. The monitors
shall also have access to all records pertaining to the operation of the
facility.
     (3) Upon completion of their
investigations, the monitors shall file a final report with the director and
may:
     (a) Find that problems in the facility
have been resolved and recommend that further action by the department is
unnecessary;
     (b) Find that the problems in the facility
are continuing but the facility owner, operator or other controlling person can
resolve them within a period of not more than three months, and that during the
three-month period the health and welfare of the residents of the facility are
not jeopardized thereby; or
     (c) Find that the problems of the facility
have not been resolved and the department should take steps to obtain
compliance with resident care standards and continue monitoring for an
additional period.
     (4) Associations representing long term
care facilities may initiate a peer review process for any facility that is a
member of the association and that is the subject of any complaint filed
against it under ORS 441.630 to 441.685, 678.037 and 678.155 or any other
provision of law. The report of the peer review process shall be submitted to
the department. The peer review described in this subsection is in addition to
and not in lieu of any other investigation, observation or report of the
monitors otherwise required or authorized by ORS 441.630 to 441.685, 678.037
and 678.155. The association and persons conducting the peer review process
acting in good faith shall not be subject to an action for civil damages as a
result thereof.
     (5) As used in this section:
     (a) “Department” means the Department of
Human Services.
     (b) “Director” means the Director of Human
Services.
     (c) “Facility” means a long term care
facility as defined in ORS 442.015.
     (d) “Monitor” means an agent of the
director designated by the director to observe the operation of a facility. [1979
c.770 §§12,13; 1987 c.428 §32; 1993 c.759 §14; 2001 c.900 §175]
(Investigation
of Complaints)
     441.690
Complainant may accompany investigator. Upon the request of any person filing a complaint to be investigated
by the Department of Human Services against a long term care facility, as
defined in ORS 442.015, or against a residential care facility, as defined in
ORS 443.400, the complainant or a designee thereof, or both, shall be allowed
to accompany an investigator to the site of the alleged violation. [1981 c.241 §1;
1987 c.428 §33; 1987 c.548 §6; 2001 c.900 §176]
     441.695
Conduct of investigation. In
investigating all complaints under ORS 441.690, the investigator shall:
     (1) Interview all available witnesses
identified by any sources as having personal knowledge relevant to the
complaint;
     (2) Make personal inspection of all
physical circumstances that are relevant and material to the complaint and
which are susceptible of objective observation;
     (3) Not decline to interview a witness or
consider the testimony of the witness solely because the witness is neither a
health care professional nor an employee of the facility; and
     (4) Write a report which includes:
     (a) The investigator’s personal
observations;
     (b) A review of documents and records;
     (c) A summary of all witness statements;
and
     (d) A statement of the basis for the
finding. [1981 c.241 §2]
(Drug
Supplies for Unscheduled Leaves)
     441.697
Prescribed drug supply for unscheduled therapeutic leave from long term care
facility; dispensing of drugs by registered nurse. (1) When a resident of a long term care
facility has the opportunity for an unscheduled therapeutic leave that would be
precluded by the lack of an available pharmacist to dispense drugs prescribed
by a licensed practitioner, a registered nurse designated by the facility who
agrees to such designation may provide the resident or a responsible person
with up to a 72-hour supply of a prescribed drug or drugs for use during that
leave from the residentÂ’s previously dispensed package of such drugs.
     (2) The drugs shall only be provided in
accordance with protocols developed by the pharmaceutical services committee of
the long term facility and the protocol shall be available for inspection.
These protocols shall include the following:
     (a) Criteria as to what constitutes an
unscheduled therapeutic leave requiring the provision of drugs by the
registered nurse or consultant or staff pharmacist;
     (b) Procedures for repackaging and
labeling the limited supply of previously dispensed drugs by the designated
registered nurse that comply with all state and federal laws concerning the
packaging and labeling of drugs;
     (c) Provision to assure that none of the
medication provided to the resident or responsible person may be returned to
the residentÂ’s previously dispensed package of such drug or to the facilityÂ’s
stock; and
     (d) A record-keeping mechanism that
provides for the maintenance of a permanent log that includes the following
information:
     (A) The name of the person to whom the
drug was provided;
     (B) The drug and quantity provided;
     (C) The date and time that the request for
the drug was made;
     (D) The date and time that the drug was
provided;
     (E) The name of the registered nurse who
provided the drug; and
     (F) The conditions or circumstances that
precluded a pharmacist from providing the drug. [1987 c.205 §1]
     Note: 441.697 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 441 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Access)
     441.700
Access to facilities by persons providing services. (1) Long term care facilities, as defined in
ORS 442.015, and residential care facilities, as defined in ORS 443.400,
subject to ORS 441.605 (11), shall permit individuals and representatives of
community service organizations, including community legal services programs,
whose purpose is rendering service without charge to residents, to have full
and free access to the facility during reasonable visiting hours to:
     (a) Visit, talk with and make personal,
social and legal services available to all residents.
     (b) Inform residents of their rights and
entitlements, and their corresponding obligations, under federal and state laws
by means of distribution of educational materials and discussion in groups and
with individual residents.
     (c) Assist residents in asserting their
rights regarding claims for public assistance, medical assistance and Social
Security benefits and other rights. Assistance may be provided individually, as
well as on a group basis.
     (d) Engage in all other methods of assisting,
advising and representing residents so as to extend to them the full enjoyment
of their rights.
     (2) A resident retains the right to refuse
contact by any individual or group having access to the facility under this
section.
     (3) As used in this section, “full and
free access” means access to the fullest extent possible without undue adverse
interference on the operation of the facility. [1981 c.99 §1; 1987 c.548 §7]
(Complaint
File)
     441.703
Complaint file; summary; availability on request. (1) Except as provided in subsection (2) of
this section, the Department of Human Services shall maintain a listing of all
long term care facilities, as defined in ORS 442.015, by name and address and
for each indicating:
     (a) The complaint file number.
     (b) The category of the complaint, whether
staffing, food, patient care or other.
     (c) A brief description of the complaint.
     (d) The department’s finding.
     (e) Action taken by the department.
     (f) Fines assessed, if any.
     (g) Fines paid, if any.
     (2) The department shall maintain a
separate listing of all complaints it considers unsupported by findings
indicating the information required by subsection (1)(a) to (d) of this
section.
     (3) The information described in
subsections (1) and (2) of this section shall be noted in summary form on
annual cover sheets for the file on a particular facility. The cover sheets
shall not contain any of the information made confidential under ORS 441.671.
Copies of the cover sheets shall be made available to the public at cost on request.
Upon such request, the department shall provide only copies of the cover sheets
described in subsection (1) of this section unless the information described in
subsection (2) of this section is specifically requested.
     (4) The listing maintained pursuant to
subsection (1) of this section shall contain the following notice:
______________________________________________________________________________
     NOTICE: This cover sheet does not contain
information on complaints that the Department of Human Services considers
unsupported by findings or on complaints still under investigation by the
department. The department will make information regarding such complaints
available upon request.
______________________________________________________________________________
     (5) The department shall provide a written
explanation summarizing the complaint system with each copy of a cover sheet
provided under subsection (3) of this section. [1981 c.721 §1; 1987 c.428 §34]
     441.704 [1983 c.484 §1; repealed by 1985 c.647 §3]
CIVIL
PENALTIES
     441.705
Definitions for ORS 441.705 to 441.745. As used in ORS 441.705 to 441.745:
     (1) “Direct patient care or feeding” means
any care provided directly to or for any patient related to that patientÂ’s
physical, medical and dietary well-being as defined by rules of the Department
of Human Services.
     (2) “Person” means a licensee under ORS
441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342,
442.344 and 442.400 to 442.463, or a person whom the Director of Human Services
finds should be so licensed but is not, but does not include any employee of
such licensee or person.
     (3) “Staff to patient ratio” means the
number and training of persons providing direct patient care as defined in
rules of the department. [1975 c.328 §9; 1977 c.261 §7; 1987 c.428 §35; 2001
c.900 §177; 2003 c.14 §256]
     Note: 441.705 to 441.745 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
441 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     441.710
Civil penalties; when imposed.
(1) In addition to any other liability or penalty provided by law, the Director
of Human Services may impose a civil penalty on a person for any of the
following:
     (a) Violation of any of the terms or
conditions of a license issued under ORS 441.015 to 441.087, 441.525 to
441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to 442.463 for
a long term care facility, as defined in ORS 442.015.
     (b) Violation of any rule or general order
of the Department of Human Services that pertains to a long term care facility.
     (c) Violation of any final order of the
director that pertains specifically to the long term care facility owned or
operated by the person incurring the penalty.
     (d) Violation of ORS 441.605 or of rules
required to be adopted under ORS 441.610.
     (e) Violation of ORS 443.880 or 443.881.
     (2) A civil penalty may not be imposed
under this section for violations other than those involving direct patient
care or feeding, an adequate staff to patient ratio, sanitation involving
direct patient care or a violation of ORS 441.605 or 443.880 or 443.881 or of
the rules required to be adopted by ORS 441.610 unless a violation is found on
two consecutive surveys of the long term care facility. The director in every
case shall prescribe a reasonable time for elimination of a violation:
     (a) Not to exceed 30 days after first
notice of a violation; or
     (b) In cases where the violation requires
more than 30 days to correct, such time as is specified in a plan of correction
found acceptable by the director. [1975 c.328 §1; 1977 c.261 §8; 1979 c.261 §8;
1983 c.740 §159; 1987 c.428 §36; 1991 c.413 §4]
     Note: See note under 441.705.
     441.712
Notice of civil penalty. (1)
Any civil penalty under ORS 441.710 shall be imposed in the manner provided by
ORS 183.745.
     (2) Notwithstanding ORS 183.745, the
person to whom the notice is addressed shall have 10 days from the date of
service of the notice in which to make written application for a hearing before
the Director of Human Services. [1977 c.261 §6; 1987 c.428 §37; 1991 c.734 §23;
2003 c.14 §257]
     Note: See note under 441.705.
     441.715
Objective criteria for civil penalties; rules. (1)(a) After public hearing, the Director of
Human Services by rule shall adopt objective criteria for establishing the
civil penalty that may be imposed under ORS 441.710. However, the civil penalty
may not exceed $500 for each violation, except as otherwise provided in ORS 441.637
and 441.995.
     (b) Notwithstanding the limitations on the
civil penalty in paragraph (a) of this subsection, for any violation involving
direct resident care or feeding, an adequate staff to resident ratio,
sanitation involving direct resident care or a violation of ORS 441.605 or
rules required to be adopted under ORS 441.610, a penalty may be imposed for
each day the violation occurs in an amount not to exceed $500 per day.
     (2) The penalties assessed under
subsection (1) of this section shall not exceed $6,000 in the aggregate or as
otherwise required by federal law with respect to a single long term care
facility within any 90-day period. [1975 c.328 §2; 1977 c.261 §9; 1979 c.261 §9;
1987 c.428 §38; 1993 c.759 §17]
     Note: See note under 441.705.
     441.720
Remittance or reduction of penalties. A civil penalty imposed under ORS 441.710 may be remitted or reduced
upon such terms and conditions as the Director of Human Services considers
proper and consistent with the public health and safety. [1975 c.328 §3; 1987
c.428 §39]
     Note: See note under 441.705.
     441.725 [1975 c.328 §4; 1985 c.648 §3; 1987 c.428 §40;
repealed by 1993 c.759 §19]
     441.730 [1975 c.328 §5; repealed by 1977 c.261 §11]
     441.735 [1975 c.328 §6; 1977 c.261 §10; 1989 c.706 §13;
repealed by 1991 c.734 §122]
     441.740
Judicial review. Judicial
review of civil penalties imposed under ORS 441.710, shall be as provided under
ORS 183.480, except that the court may, in its discretion, reduce the amount of
the penalty. [1975 c.328 §7]
     Note: See note under 441.705.
     441.745
Penalties to General Fund.
All penalties recovered under ORS 441.710 to 441.740 shall be paid into the
State Treasury and credited to the General Fund. [1975 c.328 §8]
     Note: See note under 441.705.
SUICIDE
ATTEMPTS BY MINORS
     441.750
Suicide attempts by minors; referral; report; disclosure of information;
limitation of liability. (1)
Any hospital which treats as a patient a person under 18 years of age because
the person has attempted to commit suicide:
     (a) Shall cause that person to be provided
with information and referral to in-patient or out-patient community resources,
crisis intervention or other appropriate intervention by the patientÂ’s
attending physician, hospital social work staff or other appropriate staff.
     (b) Shall report statistical information
to the Department of Human Services about the person described in this
subsection but is not required to report the name of the person.
     (2) Any disclosure authorized by this
section or any unauthorized disclosure of information or communications made
privileged and confidential by this section shall not in any way abridge or
destroy the confidential or privileged character thereof except for the
purposes for which any authorized disclosure is made. Any person making a
disclosure authorized by this section shall not be liable therefor,
notwithstanding any contrary provisions of law.
     (3) No physician, hospital or hospital
employee shall be held criminally or civilly liable for action pursuant to this
section, provided the physician, hospital or hospital employee acts in good
faith on probable cause and without malice. [1987 c.189 §1]
     Note: 441.750 and 441.755 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
441 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     441.755
Report form; contents. (1)
The Department of Human Services shall prescribe a form to be used by hospitals
to make the report required by ORS 441.750 (1)(b) and shall prescribe the
frequency of such reports.
     (2) The report form may include the name
of the hospital reporting, the date of birth, race and sex of person described
in subsection (1) of this section, the suicide method used by the person and
known prior attempts in the past 12 months.
     (3) The department shall compile the
results from the reports and report the results to the public. [1987 c.189 §2]
     Note: See note under 441.750.
     441.810 [Formerly 441.510; repealed by 1979 c.284 §199]
MISCELLANEOUS
     441.815
Smoking of tobacco in certain hospital rooms prohibited. (1) No hospital employee, patient or visitor
shall smoke any cigar, cigarette or tobacco in any form in any:
     (a) Room of the hospital in which more
than one patient is accommodated, unless the room is specifically designated
for smoking; or
     (b) Other areas where patient care is
provided in the hospital.
     (2) The administrator or person in charge
of a hospital shall designate reasonable areas in lobbies and waiting rooms
where smoking is not permitted.
     (3) The administrator or person in charge
of the hospital shall designate a reasonable number of rooms in the hospital
where smoking is not permitted.
     (4) As used in this section, “hospital”
has the meaning given the term in ORS 442.015. [Formerly 441.515; 1977 c.173 §1;
1983 c.740 §160]
     Note: The amendments to 441.815 by section 8,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the userÂ’s convenience.
     441.815. (1) As used in this section, “hospital” has
the meaning given the term in ORS 442.015.
     (2) The administrator or person in charge
of a hospital may not permit a person to smoke tobacco:
     (a) In the hospital; or
     (b) Within 10 feet of a doorway, open
window or ventilation intake of the hospital.
     (3) The Director of Human Services may
impose a civil penalty of not more than $500 per day on a person for violation
of subsection (2) of this section. Civil penalties imposed against a person
under this subsection may not exceed $2,000 in any 30-day period. Civil
penalties imposed under this subsection shall be imposed in the manner provided
by ORS 183.745.
     (4) The Department of Human Services may
adopt rules necessary for the administration of this section.
     441.820
Procedure for termination of physicianÂ’s privilege to practice medicine at
health care facility; immunity from damage action for good faith report. (1) When a health care facility restricts or
terminates the privileges of a physician to practice medicine at that facility,
it shall promptly report, in writing, to the Oregon Medical Board all the facts
and circumstances that resulted in the restriction or termination.
     (2) A health care facility which reports
or provides information to the Oregon Medical Board under this section and
which provides information in good faith shall not be subject to an action for
civil damages as a result thereof. [1977 c.448 §7]
     441.825
Authority of hospital to require medical staff to provide professional
liability insurance. (1) A
governing body of a hospital licensed under ORS 441.015 to 441.087 may require
all members of its medical staff to:
     (a) Provide evidence of professional
medical liability insurance in a reasonable amount as specified by the hospital
governing board;
     (b)
Post a bond in lieu of evidence of professional medical liability insurance in
a reasonable amount as specified by the hospital governing board; or
     (c)
Demonstrate annually financial responsibility for a reasonable amount as
specified by the hospital governing board.
     (2) As used in this section:
     (a) “Medical staff” includes those
individuals licensed by this state under ORS chapter 677 and granted privileges
to practice in the hospital by the hospital governing board.
     (b) “Professional medical liability
insurance” means casualty insurance against legal liability for death, injury
or disability of a human being arising from any medical, surgical or dental
treatment, omission or operation. [1977 c.449 §1; 1981 c.377 §1]
     Note: 441.825 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 441 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
     441.827 [1991 c.774 §§1,2; renumbered 676.300 in
2003]
     441.840 [1987 c.670 §1; repealed by 1989 c.800 §8]
PENALTIES
     441.990
Criminal penalties. (1)
Violation of ORS 441.015 (1) is a violation punishable, upon conviction, by a
fine of not more than $100 for the first violation and not more than $500 for
each subsequent violation. Each day of continuing violation after a first
conviction shall be considered a subsequent violation.
     (2)(a) Violation of ORS 441.815 (1) is a
violation punishable by a fine of $10.
     (b) Violation of ORS 441.815 (2) or (3) is
a Class D violation.
     (3) Any person who willfully prevents,
interferes with, or attempts to impede in any way the work of any duly
authorized representative of the Department of Human Services in the lawful
carrying out of the provisions of ORS 441.087 (1) is guilty of a Class C
misdemeanor.
     (4) The removal of the notice required by
ORS 441.030 (5) by any person other than an official of the department is a
Class C misdemeanor. [Subsection (2) enacted as 1971 c.166 §2; subsection (3)
enacted as 1975 c.294 §4; 1977 c.173 §2; 1977 c.582 §48; 1987 c.428 §41; 1989
c.171 §56; 1999 c.1051 §183; 2001 c.900 §178]
     Note: The amendments to 441.990 by section 9,
chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13,
chapter 602, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the userÂ’s convenience.
     441.990. (1) Violation of ORS 441.015 (1) is a
violation punishable, upon conviction, by a fine of not more than $100 for the
first violation and not more than $500 for each subsequent violation. Each day
of continuing violation after a first conviction shall be considered a
subsequent violation.
     (2) Any person who willfully prevents,
interferes with, or attempts to impede in any way the work of any duly
authorized representative of the Department of Human Services in the lawful
carrying out of the provisions of ORS 441.087 (1) is guilty of a Class C
misdemeanor.
     (3) The removal of the notice required by
ORS 441.030 (5) by any person other than an official of the department is a
Class C misdemeanor.
     441.995
Factors considered in determining penalties under ORS 441.630 to 441.680; civil
penalty. (1) In adopting
criteria for establishing the amount of civil penalties for violations of ORS
441.630 to 441.680, the Department of Human Services shall consider:
     (a) Any prior violations of laws or rules
pertaining to facilities;
     (b) The financial benefits, if any,
realized by the facility as a result of the violation;
     (c) The gravity of the violation,
including the actual or potential threat to the health, safety and well-being
of one or more residents;
     (d) The severity of the actual or
potential harm caused by the violation; and
     (e) The facility’s past history of
correcting violations and preventing the recurrence of violations.
     (2) The department may impose a civil
penalty for abuse in accordance with rules adopted under ORS 441.637 (1).
Facilities assessed civil penalties for abuse shall be entitled to a contested
case hearing under ORS chapter 183.
     (3) If the department finds the facility
is responsible for abuse and if the abuse resulted in a residentÂ’s death or
serious injury, the department shall impose a civil penalty of not less than
$500 nor more than $1,000 for each violation, or as otherwise required by
federal law.
     (4) Nothing in ORS 441.637 and this
section is intended to expand, replace or supersede the departmentÂ’s authority
to impose civil penalties pursuant to ORS 441.710 or 441.715 for violations
that do not constitute abuse. [1993 c.759 §10 (3),(4),(5),(6); 2005 c.22 §299]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.