2007 Oregon Code - Chapter 443 :: Chapter 443 - Home Health Agencies - Residential Facilities - Hospice Programs
Chapter 443 —
Home Health Agencies; Residential Facilities; Hospice Programs
2007 EDITION
HOME HEALTH; RESIDENTIAL FACILITIES; HOSPICES
PUBLIC HEALTH AND SAFETY
HOME HEALTH AGENCIES
443.005Â Â Â Â Definitions
for ORS 443.005 to 443.095
443.015Â Â Â Â License
required; renewal, transferability of license
443.025Â Â Â Â Hospitals
exempt from certain requirements if standards are met
443.035Â Â Â Â License
fees; renewal; disposition of funds
443.045Â Â Â Â Denial,
suspension and revocation of licenses
443.055Â Â Â Â Governing
body of home health agencies
443.065Â Â Â Â General
requirements for home health agencies
443.075Â Â Â Â Services
and supplies prescribed by physician or nurse practitioner
443.085Â Â Â Â Rules
443.090Â Â Â Â Exemption
from in-home care agency licensing requirements
443.095Â Â Â Â Applicability
of laws to domestic service
DOMICILIARY CARE FACILITIES
443.205Â Â Â Â Definitions
for ORS 443.215 and 443.225
443.215Â Â Â Â Policy
443.225Â Â Â Â Location
and capacity of domiciliary care facilities
IN-HOME CARE AGENCIES
443.305Â Â Â Â Definitions
for ORS 443.305 to 443.350
443.315Â Â Â Â License
required; application; rules; fees
443.325Â Â Â Â Grounds
for denial, suspension or revocation of license; penalties
443.327Â Â Â Â Injunctive
relief; attorney fees and costs; notice to clients
443.340Â Â Â Â Rules
443.345Â Â Â Â Disposition
of moneys
443.350Â Â Â Â Applicability
RESIDENTIAL FACILITIES AND HOMES
443.400Â Â Â Â Definitions
for ORS 443.400 to 443.455
443.405Â Â Â Â Exclusions
from definition of “residential facility”
443.410Â Â Â Â License
required
443.415Â Â Â Â License
applications; fee; investigations; grounds for issuance and denial of license
443.420Â Â Â Â Qualifications
for license
443.422Â Â Â Â Siting
of licensed residential facilities
443.425Â Â Â Â License
term; contents; renewal; fee
443.430Â Â Â Â Transferability
of license; disposition of license fees
443.435Â Â Â Â Inspection
of facilities
443.437Â Â Â Â Choice
of prescription and nonprescription drugs and supplies
443.440Â Â Â Â Revocation
and suspension of licenses; procedure
443.445Â Â Â Â Persons
admissible at facilities and homes; transfer of persons requiring certain
treatment; operation of facilities by persons relying on spiritual means for
healing
443.450Â Â Â Â Rules
443.452Â Â Â Â Waiver
procedure
443.455Â Â Â Â Civil
penalties; rules
443.460Â Â Â Â Exemptions
REGISTERED RESIDENTIAL FACILITIES
443.480Â Â Â Â Definitions
for ORS 443.480 to 443.500
443.485Â Â Â Â Registration
required; fee; rules; civil penalty; grounds for suspension or revocation of
registration
443.490Â Â Â Â Waiver
of registration
443.495Â Â Â Â Exemptions
443.500Â Â Â Â Investigation
of registered facilities; access to facilities
ADULT FOSTER HOMES
443.705Â Â Â Â Definitions
for ORS 443.705 to 443.825
443.715Â Â Â Â Exclusions
from definition of “adult foster home”
443.720Â Â Â Â Findings
of Legislative Assembly
443.725Â Â Â Â License
required; on-site provider required; exception; rules
443.730Â Â Â Â Information
regarding substitute caregivers required; standards; educational requirements;
rules
443.733Â Â Â Â Collective
bargaining
443.735Â Â Â Â Issuance
of license; fee; standards; renewal; burden of proof; rules
443.738Â Â Â Â Educational
standards for providers, managers and caregivers; rules; exception; duties of
providers
443.739Â Â Â Â Rights
of residents
443.740Â Â Â Â Information
on licensed adult foster homes; availability; content
443.742Â Â Â Â Annual
continuing education requirements; rules
443.745Â Â Â Â Denial,
suspension or revocation; conditional license; review
443.755Â Â Â Â Entry
and inspection of homes; access to residents; inspection report; fire
inspection
443.760Â Â Â Â Application
of single family dwelling code requirements to home; rules; evacuation
requirement; lease rate
443.765Â Â Â Â Complaint
procedure; retaliation prohibited; notice of rates and rules; liability for
complaints
443.767Â Â Â Â Investigation
of complaint; rules
443.775Â Â Â Â Rules;
level of care; exception to limit on residents with nursing care needs; reports
on exceptions; provider duties; enforcement; civil penalties
443.780Â Â Â Â Exemption
where county has licensing and inspection program
443.785Â Â Â Â Admission
of Medicaid recipients
443.790Â Â Â Â Authority
of director to impose civil penalty; factors to be considered; rules
443.795Â Â Â Â Civil
penalty; notice; hearing
443.815Â Â Â Â Judicial
review of penalties
443.825Â Â Â Â Disposition
of penalties recovered
DEVELOPMENTAL DISABILITY CHILD FOSTER HOMES
443.830Â Â Â Â Definitions
for ORS 443.830 and 443.835
443.835Â Â Â Â Certificate
required; rules
HOSPICE PROGRAMS
443.850Â Â Â Â Definitions
for ORS 443.850 to 443.870
443.860Â Â Â Â Certification
or accreditation required; exception
443.865Â Â Â Â Enforcement;
rules; civil penalties
443.870Â Â Â Â Hospice
program registry
PROPERTY OF RESIDENTS
443.880Â Â Â Â Responsibilities
of residential facility regarding property of resident
443.881Â Â Â Â Transfer
of property; undue influence
ALZHEIMERÂ’S DISEASE
443.885Â Â Â Â Registration
of certain facilities
443.886Â Â Â Â Special
indorsement required; standards; fees; rules
MISCELLANEOUS
443.888Â Â Â Â Exemption
from ad valorem property taxation for certain facilities; certification
PENALTIES
443.991Â Â Â Â Penalties
HOME HEALTH AGENCIES
     443.005
Definitions for ORS 443.005 to 443.095. As used in ORS 443.005 to 443.095:
     (1) “Department” means the Department of
Human Services.
     (2) “Home health agency” means a public or
private agency providing coordinated home health services on a home visiting
basis. “Home health agency” does not include:
     (a) Any visiting nurse service or home
health service conducted by and for those who rely upon spiritual means through
prayer alone for healing in accordance with the tenets and practices of a
recognized church or religious denomination.
     (b) Those home health services offered by
county health departments outside, and in addition to, programs formally
designated and funded as home health agencies.
     (3) “Home health services” means items and
services furnished to an individual by a home health agency, or by others under
arrangements with such agency, on a visiting basis, in a place of temporary or
permanent residence used as the individualÂ’s home for the purpose of
maintaining that individual at home. [1977 c.738 §1; 1979 c.209 §1; 1981 c.415 §1;
2003 c.57 §1]
     443.010 [Amended by 1963 c.164 §1; repealed by 1969
c.641 §19]
     443.015
License required; renewal, transferability of license. No public or private agency or person shall
establish, conduct or maintain a home health agency or organization providing
home health services for compensation, or hold itself out to the public as a
home health agency or organization, without first obtaining a license therefor
from the Department of Human Services. The license shall be renewable annually
and is not transferable. [1977 c.738 §2; 2003 c.14 §259]
     443.020 [Amended by 1957 c.697 §4; 1961 c.316 §10;
1967 c.89 §6; repealed by 1969 c.641 §19]
     443.025
Hospitals exempt from certain requirements if standards are met. Any hospital licensed under ORS 441.015 may
provide home health services without paying a separate licensing fee and
without maintaining a separate governing body and administrative staff so long
as the services provided meet the requirements of ORS 443.005 to 443.095. [1977
c.738 §7; 1995 c.449 §3]
     443.030 [Repealed by 1969 c.641 §19]
     443.035
License fees; renewal; disposition of funds. (1) The Department of Human Services may grant a license to a home
health agency for a calendar year, may annually renew a license and may allow
for a change of ownership, upon payment of a fee as follows:
     (a) For a new home health agency:
     (A) $1,000; and
     (B) An additional $1,000 for each subunit
of a parent home health agency.
     (b) For renewal of a license:
     (A) $600; and
     (B) An additional $600 for each subunit of
a parent home health agency.
     (c) For a change of ownership at a time
other than the annual renewal date:
     (A) $500; and
     (B) An additional $500 for each subunit of
a parent home health agency.
     (2) Notwithstanding subsection (1)(c) of
this section, the fee for a change in ownership shall be $100 if a change in
ownership does not involve:
     (a) The majority owner or partner; or
     (b) The administrator operating the agency.
     (3) All fees received pursuant to
subsection (1) of this section shall be paid over to the State Treasurer and
credited to the Public Health Account. Such moneys are appropriated
continuously to the Department of Human Services for the administration of ORS
443.005 to 443.095. [1977 c.738 §8; 1995 c.449 §4; 2005 c.22 §302; 2007 c.71 §131]
     443.040 [Repealed by 1969 c.641 §19]
     443.045
Denial, suspension and revocation of licenses. (1) The Department of Human Services may
deny, suspend or revoke the license of any home health agency for failure to
comply with ORS 443.005 to 443.095 or with the rules of the department as
authorized by ORS 443.085.
     (2) License denials, suspensions and
revocations, adoption of rules and judicial review thereof shall be in
accordance with ORS chapter 183. [1977 c.738 §9]
     443.050 [Repealed by 1969 c.641 §19]
     443.055
Governing body of home health agencies. A home health agency shall have an organized governing body, or, if a
subdivision of a public or private agency or a multifunction organization, a
clearly defined local body having responsibility for the conduct of the home
health agency. Where the governing body is functionally remote from the
operation of the home health agency, the Department of Human Services may
approve the designation of an appropriate part of the organization as the
governing body. [1977 c.738 §3]
     443.060 [Amended by 1963 c.164 §2; repealed by 1969
c.641 §19]
     443.065
General requirements for home health agencies. The home health agency shall:
     (1) Be primarily engaged in providing
skilled nursing services and at least one other service delineated in ORS
443.075 (2) and (3);
     (2) Have policies established by
professional personnel associated with the agency or organization, including
one or more physicians and one or more registered nurses, at least two of whom
are neither owners nor employees of the agency, and two consumers, to govern
the services that it provides;
     (3) Require supervision of services that
it provides under subsection (1) of this section by a physician, nurse
practitioner or registered nurse, preferably a public health nurse;
     (4) Maintain clinical, financial and
professional records on all patients; and
     (5) Have an overall plan and budget in
effect. [1977 c.738 §4; 1981 c.415 §2; 2001 c.346 §1]
     443.075
Services and supplies prescribed by physician or nurse practitioner. The following services and supplies may be
prescribed by a physician or a nurse practitioner in accordance with a plan of
treatment which must be established and periodically reviewed by the physician
or nurse practitioner:
     (1) Home nursing care provided by or under
the supervision of a registered nurse;
     (2) Physical, occupational or speech
therapy, medical social services or other therapeutic services;
     (3) Home health aide services; and
     (4) Medical supplies, other than drugs and
biologicals, and the use of medical appliances. [1977 c.738 §5; 1981 c.415 §3;
2001 c.346 §2]
     443.085
Rules. The Department of
Human Services shall adopt rules relating to the home health agencies licensed
under ORS 443.005 to 443.095, governing:
     (1) The qualifications of professional and
ancillary personnel in order to adequately furnish home health services;
     (2) Standards for the organization and
quality of patient care;
     (3) Procedures for maintaining records;
and
     (4) Provision for contractual arrangements
for professional and ancillary health services. [1977 c.738 §6; 2005 c.22 §303]
     443.090
Exemption from in-home care agency licensing requirements. Notwithstanding ORS 443.305 to 443.350, a
home health agency licensed under ORS 443.015 that provides personal care
services that are necessary to assist an individual in meeting the individualÂ’s
daily needs, but do not include curative or rehabilitative services, is not
required to be licensed as an in-home care agency under ORS 443.315. [2003 c.57
§3]
     443.095
Applicability of laws to domestic service. No provision of ORS 443.005 to 443.095 shall be construed to prevent
repair or domestic services by any person. [1977 c.738 §10; 2005 c.22 §304]
DOMICILIARY
CARE FACILITIES
     443.205
Definitions for ORS 443.215 and 443.225. As used in ORS 443.215 and 443.225, “domiciliary care facilities”
means facilities providing residential care to adults, including adult foster
homes, group care facilities or residential treatment, training or care
facilities, established, contracted for or operated by the Department of Human
Services. [1977 c.779 §3; formerly 184.870; 1987 c.320 §234; 2001 c.900 §181;
2007 c.21 §4]
     443.210 [1953 c.659 §1; 1965 c.230 §1; 1973 c.285 §8;
repealed by 1977 c.717 §23]
     443.215
Policy. (1) The Legislative
Assembly recognizes the importance of providing a high quality of domiciliary
care facilities throughout the State of
     (2) It is the intent of ORS 443.205 to
443.225 to distribute domiciliary care facility capacity on the basis of
population and the regional origin of institutionalized persons. [1977 c.779 §1;
formerly 184.875]
     443.220 [1953 c.659 §2; 1971 c.650 §21; 1973 c.285 §9;
repealed by 1977 c.717 §23]
     443.225
Location and capacity of domiciliary care facilities. (1) Except as otherwise provided by
subsections (3) and (4) of this section, the capacity of all domiciliary care
facilities must be located throughout the state based on the relationship of
the population of the county in which the additional capacity is proposed to be
located to the number of persons originating from the county determined to be
in need of domiciliary care by the Department of Human Services. However,
nothing in this subsection is intended to prevent the placement of a person who
is or was not a resident of the county in a domiciliary care facility in the
county.
     (2) When a county is too sparsely
populated to produce a meaningful ratio of county population to population in
need, or a county is lacking necessary support services, the population of two
or more counties may be combined. The area of the combined counties may be
considered a county for purposes of subsection (1) of this section.
     (3) The computation required by subsection
(1) of this section does not require reduction in any domiciliary care facility
capacity existing on October 4, 1977.
     (4) Subject to the appropriate licensing
requirements, the governing body of a county may authorize a domiciliary care
facility located in the county to exceed the capacity limit imposed by
subsection (1) of this section upon:
     (a) Request of an individual or
organization operating or proposing to operate a domiciliary care facility;
     (b) Consultation with an advisory committee
appointed by the governing body and consisting of persons who are particularly
interested in the type of domiciliary care facility contemplated; and
     (c) Finding of good cause following notice
and public hearing. [1977 c.779 §2; 1979 c.235 §1; formerly 184.880; 2007 c.71 §132]
     443.230 [1953 c.659 §3; 1973 c.285 §10; repealed by
1977 c.717 §23]
     443.240 [1953 c.659 §§4,5; 1973 c.285 §11; repealed
by 1977 c.717 §23]
     443.250 [1953 c.659 §6; 1961 c.316 §11; 1967 c.89 §7;
1973 c.285 §12; repealed by 1977 c.717 §23]
     443.260 [1953 c.659 §7; 1961 c.316 §12; 1967 c.89 §8;
1973 c.285 §13; repealed by 1977 c.717 §23]
     443.270 [1953 c.659 §8; repealed by 1973 c.285 §19]
     443.280 [1953 c.659 §9; 1973 c.285 §14; repealed by
1977 c.717 §23]
     443.290 [1953 c.659 §10; 1973 c.285 §15; repealed by
1977 c.717 §23]
     443.300 [1953 c.659 §11; 1973 c.285 §16; repealed by
1977 c.717 §23]
IN-HOME CARE
AGENCIES
     443.305
Definitions for ORS 443.305 to 443.350. As used in ORS 443.305 to 443.350:
     (1) “In-home care agency” means an agency
primarily engaged in providing in-home care services for compensation to an
individual in that individual’s place of residence. “In-home care agency” does
not include a home health agency as defined in ORS 443.005.
     (2) “In-home care services” means personal
care services furnished by an in-home care agency, or an individual under an
arrangement or contract with an in-home care agency, that are necessary to
assist an individual in meeting the individualÂ’s daily needs, but does not
include curative or rehabilitative services.
     (3) “Subunit” means an in-home care agency
that provides services for a parent agency in a geographic area different from
that of the parent agency and generally exceeding one hour of travel time from
the location of the parent agency. [1999 c.1034 §1]
     Note: 443.305 to 443.350 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
443 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     443.310 [1953 c.659 §12; 1973 c.285 §17; repealed by
1977 c.717 §23]
     443.315
License required; application; rules; fees. (1) A person may not operate or maintain an in-home care agency or
purport to operate or maintain an in-home care agency without obtaining a
license from the Department of Human Services.
     (2) The department shall establish
requirements and qualifications for licensure under this section by rule. The
department shall issue a license to an applicant that has the necessary
qualifications and meets all requirements established by rule, including the
payment of required fees. An in-home care agency shall be required to maintain
administrative and professional oversight to ensure the quality of services
provided.
     (3) Application for a license required
under subsection (1) of this section shall be made in the form and manner
required by the department by rule and shall be accompanied by any required
fees.
     (4) A license may be granted, or may be
renewed annually, upon payment of a fee as follows:
     (a) For the initial licensure of an
in-home care agency:
     (A) $1,500; and
     (B) An additional $750 for each subunit.
     (b) For renewal of a license:
     (A) $750; and
     (B) An additional $750 for each subunit.
     (c) For a change of ownership at a time
other than the annual renewal date:
     (A) $350; and
     (B) An additional $350 for each subunit.
     (5) A license issued under this section is
valid for one year. A license may be renewed by payment of the required renewal
fee and by demonstration of compliance with requirements for renewal
established by rule.
     (6) A license issued under this section is
not transferable.
     (7) The department shall conduct an
on-site inspection of each in-home care agency prior to services being rendered
and once every three years thereafter as a requirement for licensing. [1999
c.1034 §2; 2005 c.22 §305; 2007 c.897 §1]
     Note: See note under 443.305.
     443.320 [1953 c.659 §13; repealed by 1971 c.734 §21]
     443.325
Grounds for denial, suspension or revocation of license; penalties. The Department of Human Services may impose
a civil penalty in the manner provided in ORS 183.745 and deny, suspend or
revoke the license of any in-home care agency licensed under ORS 443.315 for
failure to comply with ORS 443.305 to 443.350 or with rules adopted thereunder.
A failure to comply with ORS 443.305 to 443.350 includes, but is not limited
to:
     (1) Failure to provide a written
disclosure statement to the client or the clientÂ’s representative prior to
in-home care services being rendered;
     (2) Failure to provide the contracted
in-home care services; or
     (3) Failure to correct deficiencies
identified during a department inspection. [1999 c.1034 §3; 2007 c.897 §2]
     Note: See note under 443.305.
     443.327
Injunctive relief; attorney fees and costs; notice to clients. (1) 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 to restrain or prevent the
establishment, conduct, management or operation of an in-home care agency
without a license. The department may recover attorney fees and court costs for
any such action.
     (2) If an in-home care agency is found to
be operating without a valid license, the in-home care agency must provide
notice to its clients in a manner and period of time set forth by the
department. [2007 c.897 §4]
     Note: See note under 443.305.
     443.330 [1953 c.659 §15; 1973 c.285 §18; repealed by
1977 c.717 §23]
     443.335 [1971 c.734 §60; repealed by 1977 c.717 §23]
     443.340
Rules. The Department of
Human Services shall adopt administrative rules necessary for the
implementation and administration of ORS 443.305 to 443.350. These rules shall
include, but are not limited to, a requirement that an in-home care agency must
conduct criminal background checks on all individuals employed by or
contracting with the agency as in-home caregivers. [1999 c.1034 §4; 2001 c.900 §182]
     Note: See note under 443.305.
     443.345
Disposition of moneys. All
moneys received pursuant to ORS 443.315, 443.325 and 443.327 shall be deposited
in the State Treasury and credited to an account designated by the Department
of Human Services. Such moneys are continuously appropriated to the department
for the administration of ORS 443.305 to 443.350. [1999 c.1034 §5; 2007 c.897 §5]
     Note: See note under 443.305.
     443.350
Applicability. The
provisions of ORS 443.305 to 443.350 do not apply to organizations licensed,
registered or certified under ORS 101.030, 410.495, 443.410, 443.485, 443.725,
443.860 or 443.886. [1999 c.1034 §6]
     Note: See note under 443.305.
RESIDENTIAL
FACILITIES AND HOMES
     443.400
Definitions for ORS 443.400 to 443.455. As used in ORS 443.400 to 443.455 and 443.991 (2), unless the context
requires otherwise:
     (1) “Department” means the Department of
Human Services.
     (2) “Director” means the Director of Human
Services.
     (3) “Resident” means any individual
residing in a facility who receives residential care, treatment or training.
For purposes of ORS 443.400 to 443.455, an individual is not considered to be a
resident if the individual is related by blood or marriage within the fourth
degree as determined by civil law to the person licensed to operate or maintain
the facility.
     (4) “Residential care” means services such
as supervision; protection; assistance while bathing, dressing, grooming or
eating; management of money; transportation; recreation; and the providing of
room and board.
     (5) “Residential care facility” means a
facility that provides, for six or more socially dependent individuals or
individuals with physical disabilities, residential care in one or more
buildings on contiguous properties.
     (6) “Residential facility” means a
residential care facility, residential training facility, residential treatment
facility, residential training home or residential treatment home.
     (7) “Residential training facility” means
a facility that provides, for six or more individuals with mental retardation
or other developmental disabilities, residential care and training in one or
more buildings on contiguous properties.
     (8) “Residential training home” means a
facility that provides, for five or fewer individuals with mental retardation
or other developmental disabilities, residential care and training in one or
more buildings on contiguous properties, when so certified and funded by the
department.
     (9) “Residential treatment facility” means
a facility that provides, for six or more individuals with mental, emotional or
behavioral disturbances or alcohol or drug dependence, residential care and
treatment in one or more buildings on contiguous properties.
     (10) “Residential treatment home” means a
facility that provides for five or fewer individuals with mental, emotional or
behavioral disturbances or alcohol or drug dependence, residential care and
treatment in one or more buildings on contiguous properties.
     (11) “Training” means the systematic,
planned maintenance, development or enhancement of self-care skills, social
skills or independent living skills, or the planned sequence of systematic
interactions, activities or structured learning situations designed to meet
each residentÂ’s specified needs in the areas of physical, social, emotional and
intellectual growth.
     (12) “Treatment” means a planned,
individualized program of medical, psychological or rehabilitative procedures,
experiences and activities designed to relieve or minimize mental, emotional,
physical or other symptoms or social, educational or vocational disabilities
resulting from or related to the mental or emotional disturbance, physical
disability or alcohol or drug problem. [1977 c.717 §1; 1987 c.548 §1; 1989
c.224 §95; 1989 c.488 §1; 1991 c.801 §1; 2001 c.900 §183; 2005 c.22 §306; 2007
c.70 §245]
     443.405
Exclusions from definition of “residential facility.” For purposes of ORS 443.400 to 443.455 and
443.991 (2), “residential facility” does not include:
     (1) A residential school;
     (2) A state or local correctional
facility, other than a local facility for persons enrolled in work release
programs maintained under ORS 144.460;
     (3) A youth correction facility as defined
in ORS 420.005;
     (4) A youth care center operated by a
county juvenile department under administrative control of a juvenile court pursuant
to ORS 420.855 to 420.885;
     (5) A juvenile detention facility as
defined in ORS 419A.004;
     (6) A nursing home;
     (7) A hospital;
     (8) A place primarily engaged in
recreational activities;
     (9) A foster home; or
     (10) A place providing care and treatment
on less than a 24-hour basis. [1977 c.717 §2; 1983 c.510 §18; 1993 c.33 §350;
1999 c.316 §2; 2005 c.22 §307]
     443.410
License required. A license
issued by the Department of Human Services is required in order to operate or
maintain any residential facility for persons who have developmental, physical
or psychiatric disabilities or are socially dependent or alcohol or drug
dependent. In the case of a combination of residents, the category of licensure
shall be determined by the Director of Human Services. [1977 c.717 §3; 1983
c.510 §19; 1989 c.224 §96; 1989 c.488 §2; 1991 c.801 §2; 2007 c.70 §246]
     443.415
License applications; fee; investigations; grounds for issuance and denial of
license. (1) Applications
for licensure to maintain and operate a residential facility shall be made to
the Department of Human Services on forms provided for that purpose by the
department. Each application shall be accompanied by a fee of $60 for
facilities defined in ORS 443.400 (5), (7) and (9) and a fee of $30 for homes defined
in ORS 443.400 (8) and (10). No fee is required of any governmentally operated
residential facility.
     (2) Upon receipt of an application and
fee, the department shall conduct an investigation. The department shall issue
a license to any applicant for operation of a residential facility in
compliance with ORS 443.400 to 443.455 and the rules of the director. Licensure
may be denied when a residential facility is not in compliance with ORS 443.400
to 443.455 or the rules of the Director of Human Services. Licensure shall be
denied if the State Fire Marshal or other authority has given notice of
noncompliance of facilities defined in ORS 443.400 (5), (7) and (9) pursuant to
ORS 479.220. [1977 c.717 §8; 1979 c.696 §16; 1987 c.548 §2; 2001 c.900 §184;
2005 c.22 §308]
     Note: Sections 1 and 2, chapter 981, Oregon Laws
2001, provide:
     Sec.
1. (1) Notwithstanding ORS
443.415, the Department of Human Services may issue a license only to an
applicant for operation of a residential care facility as defined in ORS
443.400 who is in compliance with ORS 443.400 to 443.455 and the rules of the
Director of Human Services if:
     (a) The type of residential care facility
for which a license is sought is located in a service area that is underserved
by facilities of that type;
     (b) The residential care facility is
relocating within the service area and the applicant is seeking an increase in
the number of living units or residents in the facility as specified in
subsection (2) of this section;
     (c) The schematic plans or construction
drawings for a new residential care facility were submitted to the department
before August 16, 2001;
     (d) There is a change of ownership or
management of the residential care facility and the applicant is seeking an
increase in the number of living units or residents in the facility as
specified in subsection (2) of this section; or
     (e) The residential care facility is
applying for a license renewal under ORS 443.425 and the applicant is seeking
an increase in the number of living units or residents in the facility as
specified in subsection (2) of this section.
     (2) An applicant may seek an increase in
the number of residents to be maintained in the residential care facility:
     (a) That is not greater than 10 percent of
the maximum number of residents stated on the facilityÂ’s license at the time of
application; or
     (b) Of 10 residents.
     (3) In calculating 10 percent of the
maximum number of residents, the department shall round up to the nearest whole
number. [2001 c.981 §1; 2003 c.308 §1]
     Sec.
2. Section 1, chapter 981,
Oregon Laws 2001, is repealed on June 30, 2009. [2001 c.981 §2; 2003 c.308 §2;
2005 c.690 §2]
     Note: Sections 1, 3, 4, 5 and 8, chapter 690,
Oregon Laws 2005, provide:
     Sec.
1. Section 1, chapter 981,
Oregon Laws 2001, does not apply to applications for renewal of a license under
ORS 443.425 when the applicant is not seeking an increase in the number of
living units or residents in the facility. [2005 c.690 §1]
     Sec.
3. (1) A person that
submitted schematic plans or construction drawings for a new residential care
facility, as defined in ORS 443.400, to the Department of Human Services as
described in section 1 (1)(c), chapter 981, Oregon Laws 2001, as amended by
section 1, chapter 308, Oregon Laws 2003, before August 16, 2001, shall pay an
annual fee of $5,000. The fee shall be paid for each fiscal year during which
construction on the submitted project has not begun.
     (2) Schematic plans or construction
drawings submitted to the department are deemed to be withdrawn if the person
fails to pay the fee described in subsection (1) of this section. [2005 c.690 §3]
     Sec.
4. (1) The fee described in
section 3 of this 2005 Act applies for each fiscal year that begins on or after
July 1, 2005, to any schematic plan or construction drawing submitted to the
Department of Human Services for review before August 16, 2001.
     (2) The department shall adopt rules
implementing subsection (1) of this section. [2005 c.690 §4]
     Sec.
5. (1) A person that
submitted schematic plans or construction drawings for a new residential care
facility to the Department of Human Services before August 16, 2001, as
described in section 3 of this 2005 Act shall submit to the department a copy
of a construction permit, a building permit or other permit necessary to begin
construction no later than 24 months after the effective date of this 2005 Act
[August 3, 2005].
     (2) Schematic plans or construction
drawings submitted to the department are deemed to be withdrawn if the person
fails to submit the copy required under subsection (1) of this section. [2005
c.690 §5]
     Sec.
8. Sections 1, 3, 4, 5 and 6
of this 2005 Act are repealed on June 30, 2009. [2005 c.690 §8]
     443.420
Qualifications for license.
(1) A person applying for a license under ORS 443.415 must, in the judgment of
the Director of Human Services, be a person:
     (a) Who demonstrates an understanding and
acceptance of the rules governing residential facilities;
     (b) Mentally and physically capable of
caring for such residents; and
     (c) Who employs or utilizes only
individuals whose presence does not jeopardize the health, safety or welfare of
residents.
     (2) A residential facility shall not be
operated or maintained in combination with a nursing home or hospital unless
licensed, maintained and operated as a separate and distinct part.
     (3) All physical residential facilities
used for residents shall meet applicable requirements of the State Fire
Marshal.
     (4) Prior to licensure, a residential
facility must be in substantial compliance with applicable state and local
laws, rules, codes, ordinances and permit requirements.
     (5) Prior to licensure, a residential
facility that proposes to house persons under the age of 21 years shall submit
written proof of compliance with ORS 336.575 to the Department of Human
Services. [1977 c.717 §4; 1985 c.264 §3]
     443.422
Siting of licensed residential facilities. (1) To prevent the perpetuation of segregated housing patterns, the
Department of Human Services shall determine the location and type of licensed
residential facilities and the location of facilities subject to the provisions
of ORS 169.690.
     (2) Before a license is issued for a
residential facility as defined in ORS 443.400, the issuing agency shall
determine the number and type of any other licensed residential facilities and
the number and type of facilities subject to the provisions of ORS 169.690
within a 1,200 foot radius.
     (3) None of the data collected under this
section shall be used in a manner that violates the Fair Housing Amendments Act
of 1988. [1989 c.564 §11]
     Note: 443.422 was added to and made a part of ORS
chapter 443 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     443.425
License term; contents; renewal; fee. (1) Licensure under ORS 443.415 is effective for two years from the
date of issue unless sooner revoked. Each license shall state the name of the
person operating the residential facility; the name of the person who owns the
facility; the address of the premises to which the license applies and the
maximum number of residents to be maintained in such residential facility at
any time whether the residential facility is licensed as a residential training
facility, a residential treatment facility, a residential care facility; a
residential training home or residential treatment home and such other
information as the Department of Human Services considers necessary.
     (2) A license is renewable upon submission
of an application to the department and payment of a fee of $60 for facilities
licensed under ORS 443.400 (5), (7) and (9) and a fee of $30 for homes licensed
under ORS 443.400 (8) and (10). No fee shall be required of a governmentally
operated residential facility. Filing of an application for renewal before the
date of expiration of a license extends the effective date of expiration of the
license until the department has acted upon such application. The department
shall refuse to renew a license if the facility is not substantially in
compliance with all applicable laws and rules, or if the State Fire Marshal or
the authorized representative thereof has given notice of noncompliance of
facilities under ORS 443.400 (5), (7) and (9) pursuant to ORS 479.220. [1977
c.717 §9; 1983 c.47 §1; 1983 c.740 §162; 1987 c.548 §3]
     443.430
Transferability of license; disposition of license fees. (1) No license under ORS 443.415 is
transferable or applicable to any location, residential facility or management
other than that indicated on the application for licensure.
     (2) All moneys collected under ORS 443.400
to 443.455 shall be deposited in a special account in the General Fund, and are
appropriated continuously for payment of expenses incurred by the Department of
Human Services in the administration of ORS 443.400 to 443.455. [1977 c.717 §10;
1983 c.47 §2]
     443.435
Inspection of facilities.
The Director of Human Services or authorized representative shall periodically
visit and inspect every residential facility to determine whether it is
maintained and operated in accordance with ORS 443.400 to 443.455 and the rules
of the director, and to consult with and advise management concerning methods
of care, treatment, training, records, housing and equipment. Employees of the
Department of Human Services and the State Fire Marshal or authorized
representative on request shall be permitted access to the premises and records
of individuals in a residential facility pertinent to fire safety. [1977 c.717 §11;
2005 c.22 §309]
     443.437
Choice of prescription and nonprescription drugs and supplies. (1) As used in this section, “supplier”
includes an authorized representative of the patient who purchases
nonprescription medication or nonprescription sickroom supplies at retail.
     (2) A resident in a residential facility
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
nonprescription medication, although no facility is required to accept any
opened container of such medication; and
     (c) From among suppliers of
nonprescription 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 resident under subsection (2)(a) of this section must also provide that
information for any resident it serves at the facility. [1983 c.328 §4; 2007
c.71 §133]
     443.440
Revocation and suspension of licenses; procedure. The Department of Human Services may revoke
or suspend the license of any residential facility that is not operated in
accordance with ORS 443.400 to 443.455 or the rules adopted thereunder. Such
revocation or suspension shall be taken in accordance with rules of the department
and ORS chapter 183. However, in cases where an imminent danger to the health
or safety of the residents exists, a license may be suspended immediately
pending a fair hearing not later than the 10th day after such suspension. [1977
c.717 §12; 2005 c.22 §310]
     443.445
Persons admissible at facilities and homes; transfer of persons requiring
certain treatment; operation of facilities by persons relying on spiritual
means for healing. (1) No
residential facility or home shall admit individuals who require continuous
nursing care except as provided in subsection (3) of this section.
     (2) Except as provided in subsection (3)
of this section, if any resident of a residential facility or home requires
nursing care for eight or more consecutive days or a physician or the designee
of a physician or a registered nurse certifies that continued nursing care is
required, the resident shall be transferred to an appropriate health care
facility for as long as necessary.
     (3) A resident of a residential facility
or home who requires nursing care in addition to training, treatment or care
needs, or any combination thereof, may be served by that facility or home with
approval from the Department of Human Services and in accordance with the rules
of the department and consistent with rules adopted by the Oregon State Board
of Nursing under ORS 678.150 (9).
     (4) No residential facility or home shall
admit individuals of categories other than those designated on its license
without prior written consent of the department.
     (5) In the case of residential facilities
or homes supervised by and operated exclusively for persons who rely upon
prayer or spiritual means for healing in accordance with the creed or tenets of
a well-recognized church or religious denomination, no medical, psychological
or rehabilitative procedures shall be required. [1977 c.717 §5; 1991 c.292 §2;
2001 c.900 §185]
     443.450
Rules. (1) The Director of
Human Services shall adopt rules governing:
     (a) The physical properties of the
residential facility;
     (b) Storage, preparation and serving of
food;
     (c) Care, treatment or training to be
provided;
     (d) The number, experience and training of
the staff; and
     (e) Any other factors affecting the care,
treatment or training provided.
     (2) Distinct rules shall be adopted for
homes of five or fewer residents, for facilities of six or more but fewer than
16 residents, and for facilities for 16 or more residents. The rules shall
differentiate among categories of residents.
     (3) For purposes of this section, “categories”
refers to different populations of residents, differentiated by, but not
limited to, age and need, as defined by rule. [1977 c.717 §6; 1991 c.801 §3]
     443.452
Waiver procedure. (1) The
director shall waive the requirements of ORS 443.410 for a residential care
facility caring for residents with physical disabilities if:
     (a) Each resident is over 16 years of age;
     (b) No more than five individuals with
physical disabilities reside in any one building of the facility; and
     (c) The residential facility complies with
the applicable requirements of the State Fire Marshal.
     (2) As used in this section, “building”
means any structure that does not share a common wall or roof with another
structure. [1981 c.285 §§2,3; 1989 c.224 §97; 2007 c.70 §247]
Note: 443.452 (1) was enacted into law by the Legislative Assembly but was
not added to or made a part of ORS chapter 443 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     443.455
Civil penalties; rules. For
purposes of imposing civil penalties, residential facilities approved under ORS
443.400 to 443.455 are considered to be long-term care facilities, subject to
ORS 441.705 to 441.745. However, the Director of Human Services shall exercise
the powers conferred under ORS 441.705 to 441.745. The director shall by rule
prescribe a schedule of penalties appropriate to residential facilities
licensed under ORS 443.400 to 443.455. [1977 c.717 §13; 1991 c.801 §4; 2001
c.900 §186; 2005 c.22 §311]
     443.460
Exemptions. (1) The director
may exempt from the license, inspection and fee provisions of ORS 443.400 to
443.455 residential care facilities in those counties where there is a county
agency which provides similar programs for licensing and inspection that the
director finds are equal to or superior to the requirements of ORS 443.400 to
443.455.
     (2) Pursuant to an exemption as provided
in subsection (1) of this section, the director may provide funds and other
resources to the county necessary to enable the county to perform the licensing
and inspection functions. [1987 c.548 §4]
     443.475 [1977 c.284 §2; repealed by 1983 c.47 §3]
REGISTERED
RESIDENTIAL FACILITIES
     443.480
Definitions for ORS 443.480 to 443.500. As used in ORS 443.480 to 443.500:
     (1) “Elderly” means an individual who is
62 years of age or older.
     (2) “Disability” means a physical or
mental impairment which for the individual constitutes or results in a
functional limitation to one or more major life activities. [1989 c.581 §5;
2007 c.70 §248]
     Note: 443.480 to 443.500 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
443 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     443.485
Registration required; fee; rules; civil penalty; grounds for suspension or revocation
of registration. (1) Subject
to ORS 443.490, any person who offers to the general public residential
facilities and meals for compensation to two or more adults who are elderly or have
disabilities, as defined in ORS 443.480, not related to the person by blood or
marriage, and is not licensed or registered under any other law of this state
or city or county ordinance or regulation shall register the personÂ’s name and
address with the Department of Human Services. The registration fee is $20
annually. The department shall establish by rule reasonable and appropriate
standards for the operation of facilities subject to ORS 443.480 to 443.500,
consistent with their residential nature.
     (2) The Department of Human Services shall
provide evidence of the registration to the person. The evidence shall be
posted in the residence.
     (3) The Department of Human Services may
impose a civil penalty not to exceed $200 for:
     (a) Operating without registration as
required under this section; or
     (b) A violation of ORS 443.880 or 443.881.
     (4) The department may suspend or revoke
registration or deny the issuance of registration for violation of any statute,
rule, ordinance or regulation relating to the safety of occupants of the
residential facility. [1989 c.581 §1; 1991 c.413 §5; 2007 c.70 §249]
     Note: See note under 443.480.
     443.490
Waiver of registration. Any
county or city that requires registration or licensure in the manner described
in ORS 443.485, whether or not a fee is required, may request a waiver of the
requirements of ORS 443.485. If the Department of Human Services finds that the
county or city registration or licensure requirement is substantially similar
or superior, it may waive the requirements of ORS 443.485. [1989 c.581 §2]
     Note: See note under 443.480.
     443.495
Exemptions. Nothing in ORS
443.480 to 443.500 applies to:
     (1) Any facility operated by an
institution of higher education.
     (2) Any private room and board facility
approved by an institution of higher education which has as a resident a
student or an employee of the institution.
     (3) Any private or nonprofit retirement
facility which does not fall under the generally understood definition of a “room
and board facility,” a “boarding house” or a “boarding hotel” and where a
majority of the residents are retirees.
     (4) Any privately arranged housing the
occupants of which may not be related by blood or marriage. [1989 c.581 §3]
     Note: See note under 443.480.
     443.500
Investigation of registered facilities; access to facilities. (1) The Department of Human Services staff
shall be permitted access to enter and investigate complaints of abuse in all
facilities registered under ORS 443.480 to 443.500 for purposes of ascertaining
compliance with applicable rules, statutes, ordinances and regulations. If the
department has reasonable cause to believe any facility is operating without
registration in violation of ORS 443.480 to 443.500, it may apply to the
circuit court for a search warrant.
     (2) Upon complaint of any person:
     (a) The state or local fire inspectors
shall be permitted access to enter and inspect facilities registered under ORS
443.480 to 443.500 regarding fire safety.
     (b) The state or local health officers
shall be permitted access to enter and inspect facilities registered under ORS
443.480 to 443.500 regarding health and sanitation. [1989 c.581 §4]
     Note: See note under 443.480.
     443.510 [1981 c.427 §1; 1989 c.224 §98; repealed by
1989 c.564 §12]
     443.520 [1981 c.427 §2; 1989 c.224 §99; repealed by
1989 c.564 §12]
     443.530 [1981 c.427 §3; repealed by 1989 c.564 §12]
     443.540 [1981 c.427 §4; repealed by 1989 c.564 §12]
     443.550 [1981 c.427 §5; repealed by 1989 c.564 §12]
     443.580 [1983 c.293 §1; 1989 c.224 §100; repealed by
1989 c.564 §12]
     443.590 [1983 c.293 §2; 1989 c.224 §101; repealed by
1989 c.564 §12]
     443.600 [1983 c.293 §3; 1985 c.544 §1; repealed by
1989 c.564 §12]
     443.610 [1987 c.351 §1; 1989 c.224 §102; repealed by
1989 c.564 §12]
     443.620 [1987 c.351 §2; repealed by 1989 c.564 §12]
     443.630 [1987 c.351 §3; repealed by 1989 c.564 §12]
     443.640 [1987 c.351 §4; repealed by 1989 c.564 §12]
ADULT FOSTER
HOMES
     443.705
Definitions for ORS 443.705 to 443.825. As used in ORS 443.705 to 443.825:
     (1) “Adult foster home” means any family
home or facility in which residential care is provided in a homelike
environment for five or fewer adults who are not related to the provider by
blood or marriage.
     (2) “Department” means the Department of
Human Services.
     (3) “Director” means the Director of Human
Services.
     (4) “Licensed adult foster home” means a
home which has been investigated and approved by the department. This includes
an on-site inspection of the facility.
     (5) “Provider” means any person operating
an adult foster home and includes a resident manager. “Provider” does not
include the owner or lessor of the building in which the adult foster home is
located or the owner or lessor of the land on which the adult foster home is
situated unless the owner or lessor is also the operator of the adult foster
home.
     (6) “Residential care” means the provision
of room and board and services that assist the resident in activities of daily
living, such as assistance with bathing, dressing, grooming, eating, medication
management, money management or recreation.
     (7) “Substitute caregiver” means any
person who provides care and services in an adult foster home under the
jurisdiction of the department in the absence of the provider or resident
manager. [1983 c.629 §1; 1985 c.663 §1; 1987 c.430 §1; 1991 c.960 §1; 1995
c.180 §1; 1995 c.667 §8; 2001 c.900 §187]
     443.715
Exclusions from definition of “adult foster home.” For purposes of ORS 443.705 to 443.825, “adult
foster home” does not include:
     (1) Any house, institution, hotel, or
other similar place that supplies board and room only, or room only, or board
only, if no resident thereof requires any element of care.
     (2) Any specialized living situation for
persons with physical disabilities where the Department of Human Services
provides payment for personal care services other than to an adult foster home
provider.
     (3) Any residential facility, as defined
in ORS 443.400, licensed and funded by the department.
     (4) Any residential treatment home, as
defined in ORS 443.400, licensed and funded by the department. [1983 c.629 §2;
1985 c.663 §2; 1989 c.224 §103; 1991 c.801 §5; 2001 c.900 §188; 2007 c.70 §250]
     443.720
Findings of Legislative Assembly. (1) The Legislative Assembly finds that:
     (a) Adult foster homes provide needed care
and services to thousands of Oregonians who are elderly or have disabilities
and who might otherwise be institutionalized;
     (b) The protection of the health, safety
and well-being of the residents of adult foster homes is an important function
of the Department of Human Services; and
     (c) Consistent interpretation, application
and enforcement of regulatory standards is necessary and desirable for the
protection of adult foster home residents.
     (2) It is legislative intent that:
     (a) The department provide training and
guidelines for employees assigned to licensing and enforcement to encourage
consistency; and
     (b) The department take vigorous action to
ensure that inspections and investigations are carried out as required by law. [1995
c.667 §7; 2007 c.70 §251]
     443.725
License required; on-site provider required; exception; rules. (1) Every provider of adult foster care must
be licensed with the Department of Human Services before opening or operating
an adult foster home caring for adult residents.
     (2) Except as provided in subsection (4)
of this section, a provider must live in the home that is to be licensed or
hire a resident manager to live in the home.
     (3) Except as provided in subsection (4)
of this section, there must be a provider or substitute caregiver on duty 24
hours per day in an adult foster home under the jurisdiction of the department.
     (4) The department shall adopt rules
establishing standards for granting exceptions to the requirements of
subsections (2) and (3) of this section. The standards must be designed to
safeguard residentsÂ’ health and safety and residentsÂ’ uninterrupted receipt of
services. [1983 c.629 §3; 1985 c.663 §3; 1991 c.960 §4; 1995 c.667 §9; 2007
c.21 §1]
     443.730
Information regarding substitute caregivers required; standards; educational
requirements; rules. (1) The
provider shall furnish the names, addresses and telephone numbers of the
substitute caregivers employed or used by the provider to the Department of
Human Services upon the request of the department.
     (2) The department shall require the
provider to furnish information describing the planned operation of the adult
foster home, including the use of substitute caregivers and other staff, as
part of the license application.
     (3) The provider shall not allow a
substitute caregiver or other caregiver to provide care to a resident unless
the following standards are met and documented:
     (a) The department has completed a
criminal records check for the State of
     (b) The substitute caregiver has
successfully completed the training required by the department.
     (c) The caregiver is able to understand
and communicate in oral and written English.
     (d) The provider has oriented the caregiver
to the residents in the adult foster home, their care needs and the physical
characteristics of the home.
     (e) The provider has trained the caregiver
to meet the routine and emergency needs of the residents.
     (4) The department shall establish educational
requirements for substitute caregivers and other caregivers designed to impart
the practical knowledge and skills necessary to maintain the health, safety and
welfare of residents. The training shall include a test established by the
department to be completed by the caregiver. The test shall be completed by the
caregiver without the help of any other person. [1995 c.667 §18]
     Note: 443.730 and 443.740 were added to and made a
part of 443.705 to 443.825 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     443.733
Collective bargaining. (1)
As used in this section, “adult foster care home provider” means a person who
operates an adult foster home in the providerÂ’s home and who receives fees or
payments from the state for providing adult foster care home services. “Adult
foster care home provider” does not include a person:
     (a) Who is a resident manager of an adult
foster home who does not provide adult foster care home services in the
resident managerÂ’s own home or who does not have a controlling interest in, or
is not an officer or partner in, the entity that is the provider of adult
foster care home services;
     (b) Who is not a natural person; or
     (c) Whose participation in collective
bargaining is determined by the Department of Human Services to be inconsistent
with this section or in violation of state or federal law.
     (2) For purposes of collective bargaining
under ORS 243.650 to 243.782, the State of
     (3) Notwithstanding ORS 243.650 (19),
adult foster care home providers are considered to be public employees governed
by ORS 243.650 to 243.782. Adult foster care home providers have the right to
form, join and participate in the activities of labor organizations of their
own choosing for the purposes of representation and collective bargaining on
matters concerning labor relations. These rights shall be exercised in
accordance with the rights granted to public employees, with mediation and
interest arbitration under ORS 243.742 as the method of concluding the
collective bargaining process. Adult foster care home providers may not strike.
     (4) Notwithstanding subsections (2) and
(3) of this section, adult foster care home providers are not for any other
purpose employees of the State of Oregon or any other public body.
     (5) The Oregon Department of
Administrative Services shall represent the State of
     (6) Notwithstanding ORS 243.650 (1), an
appropriate bargaining unit for adult foster care home providers is any
bargaining unit recognized by the Governor in an executive order issued prior
to January 1, 2008.
     (7) This section does not modify any right
of an adult receiving foster care. [2007 c.834 §2]
     Note: 443.733 was added to and made a part of
443.705 to 443.825 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     443.735
Issuance of license; fee; standards; renewal; burden of proof; rules. (1) Applications for a license to maintain
and operate an adult foster home shall be made on forms provided by the
Department of Human Services. Each application shall be accompanied by a fee of
$20 per bed requested for licensing.
     (2) Upon receipt of an application and
fee, the department shall conduct an investigation.
     (3) The department shall not issue an
initial license unless:
     (a) The applicant and adult foster home
are in compliance with ORS 443.705 to 443.825 and the rules of the department;
     (b) The department has completed an
inspection of the adult foster home;
     (c) The department has completed a
criminal records check under ORS 181.534 on the applicant and any person, other
than a resident, 16 years of age or older who will be residing in the adult
foster home. The criminal records check shall be conducted in accordance with
rules adopted under ORS 181.534;
     (d) The department has checked the record
of sanctions available, including the list of nursing assistants who have been
found responsible for abuse and whose names have been added to the registry
under ORS 441.678; and
     (e) The applicant has demonstrated to the
department the financial ability and resources necessary to operate the adult
foster home. The department shall adopt rules as the department deems
appropriate that establish the financial standards an applicant must meet to
qualify for issuance of a license and that protect financial information from
public disclosure. The demonstration of financial ability under this paragraph
shall include, but need not be limited to, providing the department with a list
of any unsatisfied judgments, pending litigation and unpaid taxes and notifying
the department regarding whether the applicant is in bankruptcy. If the
applicant is unable to demonstrate the financial ability and resources required
by this paragraph, the department may require the applicant to furnish a
financial guarantee as a condition of initial licensure.
     (4) The department may not renew a license
under this section unless:
     (a) The applicant and the adult foster
home are in compliance with ORS 443.705 to 443.825 and the rules of the
department;
     (b) The department has completed an
inspection of the adult foster home;
     (c) The department has completed a
criminal records check under ORS 181.534 on the applicant and any person, other
than a resident, 16 years of age or older who will be residing in the adult
foster home. The criminal records check under this paragraph shall be conducted
in accordance with rules adopted under ORS 181.534; and
     (d) The department has checked the record
of sanctions available, including the list of nursing assistants who have been
found responsible for abuse and whose names have been added to the registry
under ORS 441.678.
     (5)(a) In seeking an initial license and
renewal of a license when an adult foster home has been licensed for less than
24 months, the burden of proof shall be upon the provider and the adult foster
home to establish compliance with ORS 443.705 to 443.825 and the rules of the
department.
     (b) In proceedings for renewal of a
license when an adult foster home has been licensed for at least 24 continuous
months, the burden of proof shall be upon the department to establish
noncompliance with ORS 443.705 to 443.825 and the rules of the department.
     (6)(a) Persons who have been convicted of
one or more crimes that, as determined by rules of the department, are
substantially related to the qualifications, functions or duties of a provider,
resident manager, substitute caregiver or other household member of an adult
foster home shall be prohibited from operating, working in or residing in an
adult foster home.
     (b) The department shall adopt rules that
distinguish the criminal convictions and types of abuse that permanently
prohibit a person from operating, working in or living in an adult foster home
from the convictions and types of abuse that do not permanently prohibit the person
from operating, working in or living in an adult foster home.
     (c) A provider may not hire, retain in
employment or allow to live in an adult foster home, other than as a resident,
any person who the provider knows has been convicted of a disqualifying crime
or has been found responsible for a disqualifying type of abuse.
     (7) A license under ORS 443.725 is
effective for one year from the date of issue unless sooner revoked. Each
license shall state the name of the resident manager of the adult foster home,
the names of all providers who own the adult foster home, the address of the
premises to which the license applies, the maximum number of residents and the
classification of the home. If, during the period covered by the license, a
resident manager changes, the provider must within 15 days request modification
of the license. The request must be accompanied by a fee of $10.
     (8) No license under ORS 443.725 is
transferable or applicable to any location, persons operating the adult foster
home or the person owning the adult foster home other than that indicated on
the application for licensing.
     (9) The department shall not issue a
license to operate an additional adult foster home to a provider unless the
provider has demonstrated the qualifications and capacity to operate the
providerÂ’s existing licensed home or homes and has demonstrated the ability to
provide care to the residents of those homes that is adequate and substantially
free from abuse and neglect.
     (10) All moneys collected under ORS 443.725
to 443.780 shall be deposited in a special account in the General Fund, and are
appropriated continuously for payment of expenses incurred by the Department of
Human Services.
     (11) Notwithstanding any other provision
of this section or ORS 443.725 or 443.738, the department may issue a 60-day
provisional license to a qualified person if the department determines that an
emergency situation exists after being notified that the licensed provider of
an adult foster home is no longer overseeing operation of the adult foster
home. [1983 c.629 §4; 1985 c.663 §4; 1991 c.960 §5; 1995 c.180 §2; 1995 c.667 §10;
1999 c.205 §1; 2001 c.900 §189; 2005 c.730 §24]
     443.738
Educational standards for providers, managers and caregivers; rules; exception;
duties of providers. (1)
Except as provided in subsection (3) of this section, all providers, resident
managers and substitute caregivers for adult foster homes shall satisfactorily
meet all educational requirements established by the Department of Human
Services. After consultation with representatives of providers, educators,
residentsÂ’ advocates and the Long Term Care Ombudsman, the department shall
adopt by rule standards governing the educational requirements. The rules shall
require that a person may not provide care to any resident prior to acquiring
education or supervised training designed to impart the basic knowledge and
skills necessary to maintain the health, safety and welfare of the resident.
Each provider shall document compliance with the educational requirements for
persons subject to the requirements.
     (2) The rules required under subsection
(1) of this section shall include but need not be limited to the following:
     (a) A requirement that, before being
licensed, a provider successfully completes training that satisfies a defined
curriculum, including demonstrations and practice in physical caregiving,
screening for care and service needs, appropriate behavior towards residents
with physical, cognitive and mental disabilities and issues related to architectural
accessibility;
     (b) A requirement that a provider pass a
test before being licensed or becoming a resident manager. The test shall
evaluate the ability to understand and respond appropriately to emergency
situations, changes in medical conditions, physiciansÂ’ orders and professional
instructions, nutritional needs, residentsÂ’ preferences and conflicts; and
     (c) A requirement that, after being
licensed, a provider or resident manager successfully completes continuing
education as described in ORS 443.742.
     (3) After consultation with
representatives of providers, educators, residentsÂ’ advocates and the Long Term
Care Ombudsman, the department may adopt by rule exceptions to the training
requirements of subsections (1) and (2) of this section for persons who are
appropriately licensed medical care professionals in
     (4) The department may permit a person who
has not completed the training or passed the test required in subsection (2)(a)
and (b) of this section to act as a resident manager until the training and
testing are completed or for 60 days, whichever is shorter, if the department
determines that an unexpected and urgent staffing need exists. The licensed
provider must notify the department of the situation and demonstrate that the
provider is unable to find a qualified resident manager, that the person has
met the requirements for a substitute caregiver for the adult foster home and
that the provider will provide adequate supervision.
     (5) Providers shall serve three
nutritionally balanced meals to residents each day. A menu for the meals for
the coming week shall be prepared and posted weekly.
     (6) Providers shall make available at
least six hours of activities each week which are of interest to the residents,
not including television or movies. The department shall make information about
resources for activities available to providers upon request. Providers or
substitute caregivers shall be directly involved with residents on a daily
basis.
     (7) Providers shall give at least 30 days’
written notice to the residents, and to the legal representative, guardian or
conservator of any resident, before selling, leasing or transferring the adult
foster home business or the real property on which the adult foster home is
located. Providers shall inform real estate licensees, prospective buyers,
lessees and transferees in all written communications that the license to
operate an adult foster home is not transferable and shall refer them to the
department for information about licensing.
     (8) If a resident dies or leaves an adult
foster home for medical reasons and indicates in writing the intent to not return,
the provider may not charge the resident for more than 15 days or the time
specified in the provider contract, whichever is less, after the resident has
left the adult foster home. The provider has an affirmative duty to take
reasonable actions to mitigate the damages by accepting a new resident.
However, if a resident dies or leaves an adult foster home due to neglect or
abuse by the provider or due to conditions of imminent danger to life, health
or safety, the provider may not charge the resident beyond the residentÂ’s last
day in the home. The provider shall refund any advance payments within 30 days
after the resident dies or leaves the adult foster home.
     (9) Chemical and physical restraints may
be used only after considering all other alternatives and only when required to
treat a residentÂ’s medical symptoms or to maximize a residentÂ’s physical
functioning. Restraints may not be used for discipline of a resident or for the
convenience of the adult foster home. Restraints may be used only as follows:
     (a) Psychoactive medications may be used
only pursuant to a prescription that specifies the circumstances, dosage and
duration of use.
     (b) Physical restraints may be used only
pursuant to a qualified practitionerÂ’s order that specifies the type, circumstances
and duration of use in accordance with rules adopted by the department. The
rules adopted by the department relating to physical restraints shall include
standards for use and training.
     (10) If the physical characteristics of
the adult foster home do not encourage contact between caregivers and residents
and among residents, the provider shall demonstrate how regular positive
contact will occur. Providers may not place residents who are unable to walk
without assistance in a basement, split-level, second story or other area that
does not have an exit at ground level. Nonambulatory residents shall be given
first floor rooms.
     (11)(a) The provider may not transfer or
discharge a resident from an adult foster home unless the transfer or discharge
is necessary for medical reasons, for the welfare of the resident or for the
welfare of other residents, or due to nonpayment. In such cases, the provider
shall give the resident written notice as soon as possible under the
circumstances.
     (b) The provider shall give the resident
and the residentÂ’s legal representative, guardian or conservator written notice
at least 30 days prior to the proposed transfer or discharge, except in a
medical emergency including but not limited to a residentÂ’s experiencing an increase
in level of care needs or engaging in behavior that poses an imminent danger to
self or others. In such cases, the provider shall give the resident written
notice as soon as possible under the circumstances.
     (c) The resident has the right to an administrative
hearing prior to an involuntary transfer or discharge. If the resident is being
transferred or discharged for a medical emergency, or to protect the welfare of
the resident or other residents, as defined by rule, the hearing must be held
within seven days of the transfer or discharge. The provider shall hold a space
available for the resident pending receipt of an administrative order. ORS
441.605 (4) and the rules thereunder governing transfer notices and hearings
for residents of long term care facilities shall apply to adult foster homes.
     (12) The provider may not include any
illegal or unenforceable provision in a contract with a resident and may not
ask or require a resident to waive any of the residentÂ’s rights.
     (13) Any lessor of a building in which an
adult foster home is located may not interfere with the admission, discharge or
transfer of any resident in the adult foster home unless the lessor is a
provider or coprovider on the license. [1991 c.960 §3; 1995 c.180 §3; 1995
c.667 §11; 2001 c.300 §70; 2003 c.14 §260; 2005 c.226 §1]
     443.739
Rights of residents.
Residents of adult foster homes have the following rights. Providers shall
guarantee these rights and help residents exercise them. The provider shall
post a copy of the ResidentsÂ’ Bill of Rights in the entry or other equally
prominent place in the adult foster home. The ResidentsÂ’ Bill of Rights states
that each resident of an adult foster home has the right to:
     (1) Be treated as an adult, with respect
and dignity.
     (2) Be informed of all resident rights and
all house rules.
     (3) Be encouraged and assisted to exercise
legal rights, including the right to vote.
     (4) Be informed of the resident’s medical
condition and the right to consent to or refuse treatment.
     (5) Receive appropriate care and services,
and prompt medical care as needed.
     (6) A safe and secure environment.
     (7) Be free from mental and physical
abuse.
     (8) Be free from chemical or physical
restraints except as ordered by a physician or other qualified practitioner.
     (9) Complete privacy when receiving
treatment or personal care.
     (10) Associate and communicate privately
with any person the resident chooses.
     (11) Send and receive personal mail
unopened.
     (12) Participate in activities of social,
religious and community groups.
     (13) Have medical and personal information
kept confidential.
     (14) Keep and use a reasonable amount of
personal clothing and belongings, and to have a reasonable amount of private,
secure storage space.
     (15) Manage the resident’s own money and
financial affairs unless legally restricted.
     (16) Be free from financial exploitation.
The provider shall not charge or ask for application fees or nonrefundable
deposits and shall not solicit, accept or receive money or property from a
resident other than the amount agreed to for services.
     (17) A written agreement regarding the
services to be provided and the rate schedule to be charged. The provider must
give 30 daysÂ’ written notice before any change in the rates or the ownership of
the home.
     (18) Not to be transferred or moved out of
the adult foster home without 30 daysÂ’ advance written notice and an
opportunity for a hearing. A provider may transfer or discharge a resident only
for medical reasons including a medical emergency described in ORS 443.738
(11)(b), or for the welfare of the resident or other residents, or for
nonpayment.
     (19) Be free of discrimination in regard
to race, color, national origin, sex or religion.
     (20) Make suggestions and complaints
without fear of retaliation. [1991 c.960 §11; 1995 c.667 §12; 2003 c.14 §261]
     Note: The amendments to 443.739 by section 27,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 443.739 by section 27, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 443.739, as amended by section
27, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     443.739. Residents of adult foster homes have the
following rights. Providers shall guarantee these rights and help residents
exercise them. The provider shall post a copy of the ResidentsÂ’ Bill of Rights
in the entry or other equally prominent place in the adult foster home. The
ResidentsÂ’ Bill of Rights states that each resident of an adult foster home has
the right to:
     (1) Be treated as an adult, with respect
and dignity.
     (2) Be informed of all resident rights and
all house rules.
     (3) Be encouraged and assisted to exercise
legal rights, including the right to vote.
     (4) Be informed of the resident’s medical
condition and the right to consent to or refuse treatment.
     (5) Receive appropriate care and services,
and prompt medical care as needed.
     (6) A safe and secure environment.
     (7) Be free from mental and physical
abuse.
     (8) Be free from chemical or physical
restraints except as ordered by a physician or other qualified practitioner.
     (9) Complete privacy when receiving
treatment or personal care.
     (10) Associate and communicate privately
with any person the resident chooses.
     (11) Send and receive personal mail
unopened.
     (12) Participate in activities of social,
religious and community groups.
     (13) Have medical and personal information
kept confidential.
     (14) Keep and use a reasonable amount of
personal clothing and belongings, and to have a reasonable amount of private,
secure storage space.
     (15) Manage the resident’s own money and
financial affairs unless legally restricted.
     (16) Be free from financial exploitation.
The provider may not charge or ask for application fees or nonrefundable
deposits and may not solicit, accept or receive money or property from a
resident other than the amount agreed to for services.
     (17) A written agreement regarding the
services to be provided and the rate schedule to be charged. The provider must give
30 daysÂ’ written notice before any change in the rates or the ownership of the
home.
     (18) Not to be transferred or moved out of
the adult foster home without 30 daysÂ’ advance written notice and an
opportunity for a hearing. A provider may transfer or discharge a resident only
for medical reasons including a medical emergency described in ORS 443.738
(11)(b), or for the welfare of the resident or other residents, or for
nonpayment.
     (19) Be free of discrimination in regard
to race, color, religion, sex, sexual orientation or national origin.
     (20) Make suggestions and complaints
without fear of retaliation.
     443.740
Information on licensed adult foster homes; availability; content. (1) The Department of Human Services shall
maintain current information on all licensed adult foster homes and shall make
that information available to prospective residents and other interested
members of the public at local department offices or area agencies on aging
licensing offices throughout the state.
     (2) The information shall include:
     (a) The location of the adult foster home;
     (b) A brief description of the physical
characteristics of the home;
     (c) The name and mailing address of the
provider;
     (d) The license classification of the home
and the date the provider was first licensed to operate that home;
     (e) The date of the last inspection, the
name and telephone number of the office that performed the inspection and a
summary of the findings;
     (f) Copies of all complaint investigations
involving the home, together with the findings of the department, the actions
taken by the department and the outcome of the complaint investigation;
     (g) An explanation of the terms used in
the investigation report;
     (h) Any license conditions, suspensions,
denials, revocations, civil penalties, exceptions or other actions taken by the
department involving the home; and
     (i) Whether care is provided primarily by
the licensed provider, a resident manager or other arrangement.
     (3) Any list of adult foster homes
maintained or distributed by the department or a local licensing office shall
include notification to the reader of the availability of public records
concerning the homes. [1995 c.667 §17; 1997 c.741 §1; 2001 c.447 §3; 2003 c.14 §262]
     Note: See note under 443.730.
     443.742
Annual continuing education requirements; rules. (1) The Department of Human Services shall
require all providers and resident managers to complete annually 12 hours of
continuing education approved by the department, related to:
     (a) Care of the elderly and persons with
disabilities; and
     (b) Business operations of adult foster
homes.
     (2) Providers and resident managers may
not fulfill the continuing education requirements described in subsection (1)
of this section with more than four hours of continuing education related to
the business operations of adult foster homes.
     (3) The department may, by rule, establish
continuing education requirements for caregivers who are not providers. [2005
c.226 §3]
     Note: 443.742 was added to and made a part of
443.705 to 443.825 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     443.745
Denial, suspension or revocation; conditional license; review. (1) A license may be denied, suspended,
revoked or have conditions attached upon a finding by the Department of Human
Services of any of the following:
     (a) There exists a threat to the health,
safety or welfare of any resident.
     (b) There is reliable evidence of abuse,
neglect or exploitation of any resident.
     (c) The facility is not operated in
compliance with ORS 443.705 to 443.825 or the rules adopted thereunder.
     (d) Such other circumstances as may be
established by the department by rule.
     (2) Conditions attached to a license shall
be effective upon order of the Director of Human Services.
     (3) Suspension or revocation of a license
authorized by this section for any reason other than abuse, neglect or
exploitation of the resident shall be preceded by a hearing under ORS chapter
183 if requested by the provider.
     (4) If the license is suspended or revoked
for the reason of abuse, neglect or exploitation of a resident, the provider
may request a review in writing within 10 days after notice of the suspension
or revocation. If a request is made, the director shall review all material
relating to the allegation of abuse, neglect or exploitation and to the
suspension or revocation within 10 days of the request. The director shall
determine, based on review of the material, whether or not to sustain the
decision to suspend or revoke. If the director determines not to sustain the
decision, the license shall be restored immediately. The decision of the
director is subject to judicial review as a contested case under ORS chapter
183.
     (5) In the event the license to maintain
an adult foster home is ordered suspended or revoked, the department may
withhold service payments until the defective situation is corrected. For
protection of residents, the department may arrange for them to move.
     (6) A provider whose license has been
revoked or whose application has been denied shall not be permitted to make a
new application for one year from the date the revocation or denial is final,
or for a longer period specified in the order revoking or denying the license.
     (7) The department shall deny the
application or revoke the license of any person who falsely represents that the
person has not been convicted of a crime. [1983 c.629 §5; 1985 c.663 §5; 1987
c.431 §1; 1995 c.667 §13]
     443.755
Entry and inspection of homes; access to residents; inspection report; fire
inspection. (1) The
Department of Human Services staff shall be permitted access to enter and
inspect all licensed adult foster homes. The department shall be permitted
access to enter and inspect any unlicensed adult foster home upon the receipt
of an oral or written complaint, or in case the department itself has cause to
believe that an adult foster home is operating without a license or there
exists a threat to the health, safety or welfare of any resident. The
department staff shall be permitted access to the residents of adult foster
homes in order to interview residents privately and to inspect residentsÂ’
records.
     (2) The state or local fire inspectors
shall be permitted access to enter and inspect adult foster homes regarding
fire safety upon request of the department.
     (3)(a) The Department of Human Services
shall provide to each licensed adult foster home in the state in writing in
clear concise language readily comprehensible by the average person a copy of
the inspection report of the most recent inspection of that home conducted by
the department.
     (b) The provider shall post the inspection
report in the entry or equally prominent place and shall, upon request, provide
a copy of the information to each resident of, or person applying for admission
to, the home, or the legal representative, guardian or conservator of the
resident or applicant. [1983 c.629 §6; 1985 c.663 §6; 1991 c.960 §6]
     443.760
Application of single family dwelling code requirements to home; rules;
evacuation requirement; lease rate. (1) Adult foster homes that are certified as residential homes as
defined in ORS 197.660 shall meet all state and local building, sanitation,
utility and fire code requirements applicable to single family dwellings.
However, by rule, the Department of Human Services may adopt more stringent
standards upon a finding that there is a significant health or safety threat to
residents that necessitates a standard not imposed on other single family dwellings.
     (2) In adopting more stringent standards,
the department shall consult with the Department of Consumer and Business
Services and the office of the State Fire Marshal to insure adequate evacuation
of residents.
     (3) As used in this section, “adequate evacuation”
means the ability of a provider to evacuate all residents from the dwelling
within three minutes.
     (4) If a licensed provider rents or leases
the premises where the adult foster home is located, the lessor shall charge a
flat rate for the lease or rental. [1993 c.146 §1; 1995 c.180 §4]
     443.765
Complaint procedure; retaliation prohibited; notice of rates and rules;
liability for complaints.
(1) Complaints against adult foster homes may be filed with the Department of
Human Services by any person, whether or not a resident of the home. The
department shall investigate complaints regarding adult foster homes and shall
adopt by rule standards governing investigations pursuant to this section.
     (2) The department shall prepare a notice
which must be posted in a conspicuous place in each adult foster home stating
the telephone number of the department and the procedure for making complaints.
     (3) The department shall maintain a file
of all complaints and the action taken on the complaint, indexed by the name of
the owner or operator. When the department concludes the investigation of a
complaint, the department shall clearly designate the outcome of the complaint
investigation in the complaint file. The filed complaint forms shall protect
the privacy of the complainant, the resident and the witnesses.
     (4) Any person has a right to inspect and
photocopy the complaint files maintained by the department.
     (5)(a) The owner or operator of an adult
foster home may not prohibit, discourage or use intimidation against any person
to prevent the filing of a complaint with the department.
     (b) If a resident, or a person acting on
the residentÂ’s behalf, files a complaint with the department, the owner or
operator of an adult foster home may not retaliate against the resident by:
     (A) Increasing charges;
     (B) Decreasing services, rights or
privileges;
     (C) Threatening to increase charges or
decrease services, rights or privileges;
     (D) Taking or threatening to take any
action to coerce or compel the resident to leave the facility; or
     (E) Abusing or threatening to harass or
abuse a resident in any manner.
     (c) The owner or operator of an adult
foster home may not retaliate against any person who files a complaint or any
witness or employee of a facility interviewed about the complaint, including
but not limited to retaliation by restriction of otherwise lawful access to the
adult foster home or to any resident thereof, or, if an employee, to dismissal
or harassment.
     (6) The provider shall give all residents,
upon admission, a notice of the monthly rates and the house rules.
     (7) Anyone participating in good faith in
the filing of a complaint pursuant to this section is immune from any
liability, civil or criminal, that might otherwise be incurred or imposed with
respect to the filing or substance of the complaint. Any such participant shall
have the same immunity with respect to participating in any judicial proceeding
resulting from the complaint. A person does not act in good faith for the
purposes of this subsection if the substance of the complaint is false and:
     (a) The person knows that the substance of
the complaint is false; or
     (b) The person makes the complaint with
the intent to harm the owner or operator of the adult foster home, or the adult
foster home, and the person shows a reckless disregard for the truth or falsity
of the substance of the complaint. [1983 c.629 §7; 1985 c.651 §3; 1991 c.960 §7;
2001 c.447 §1]
     443.767
Investigation of complaint; rules. (1) When the Department of Human Services receives a complaint that
alleges that a resident of a licensed adult foster home has been injured,
abused or neglected, and that the residentÂ’s health or safety is in imminent
danger, or that the resident has died or been hospitalized, the investigation
shall begin immediately after the complaint is received. If the investigator
determines that the complaint is substantiated, the department shall take
appropriate corrective action immediately.
     (2) When the department receives a
complaint that alleges the existence of any circumstance that could result in
injury, abuse or neglect of a resident of a licensed adult foster home, and
that the circumstance could place the residentÂ’s health or safety in imminent
danger, the department shall investigate the complaint promptly. If the
investigator determines that the complaint is substantiated, the department
shall take appropriate corrective action promptly.
     (3) After public hearing, the department
shall by rule set standards for the procedure, content and time limits for the
initiation and completion of investigations of complaints. The time limits
shall be as short as possible and shall vary in accordance with the severity of
the circumstances alleged in the complaint. In no event shall the investigation
exceed a duration of 60 days, unless there is an ongoing concurrent criminal
investigation, in which case the department may take a reasonable amount of
additional time in which to complete the investigation.
     (4) The department shall take no longer
than 60 days from the completion of the investigation report to take
appropriate corrective action in the case of any complaint that the
investigator determines to be substantiated.
     (5)(a) The department shall mail a copy of
the investigation report within seven days of the completion of the report to:
     (A) The complainant, unless the
complainant requests anonymity;
     (B) The resident, and any person
designated by the resident to receive information concerning the resident;
     (C) The facility; and
     (D) The Long Term Care Ombudsman.
     (b) The copy of the report shall be
accompanied by a notice that informs the recipient of the right to submit
additional evidence.
     (6) The complaint and the investigation
report shall be available to the public at the local department office or the
type B area agency on aging, if appropriate. When the department or type B area
agency on aging concludes the investigation of a complaint, the department or
type B area agency on aging shall clearly designate the outcome of the
complaint investigation and make the designation available to the public
together with the complaint and the investigation report.
     (7) A copy of the report shall be
forwarded to the department whether or not the investigation report concludes
that the complaint is substantiated. [1991 c.960 §8; 2001 c.447 §2; 2001 c.900 §190]
     443.775
Rules; level of care; exception to limit on residents with nursing care needs;
reports on exceptions; provider duties; enforcement; civil penalties. (1) The Department of Human Services shall
adopt rules governing adult foster homes and the level of care provided in such
homes, including the provision of care to more than one person with nursing
care needs under specified conditions and department approval, such as are
necessary to protect the health, safety or welfare of the residents and to
provide for an appropriate continuum of care, but shall not be inconsistent
with the residential nature of the living accommodations and the family
atmosphere of the home. The rules shall be consistent with rules adopted by the
Oregon State Board of Nursing under ORS 678.150 (9).
     (a) An exception to the limit of one
resident with nursing care needs may be granted if the provider proves to the
department by clear and convincing evidence that such an exception will not jeopardize
the care, health, safety or welfare of the residents and that the provider is
capable of meeting the additional care needs of the new resident.
     (b) The department, and the counties
acting under the exemption granted pursuant to ORS 443.780, shall report on a
quarterly basis to the Legislative Assembly on the number of exceptions granted
during the quarter pursuant to paragraph (a) of this subsection.
     (2) The provider may not employ a resident
manager who does not meet the classification standard for the adult foster
home.
     (3) The provider shall be able to meet the
night care needs of a resident before admitting the resident. The provider
shall include night care needs in the residentÂ’s care plan.
     (4) The provider shall screen a
prospective resident before admitting the resident. The screening shall include
but is not limited to diagnosis, medications, personal care needs, nursing care
needs, night care needs, nutritional needs, activities and lifestyle
preferences. A copy of the screening shall be given to the prospective resident
or the prospective residentÂ’s representative.
     (5) The department shall make rules to
assure that any employee who makes a complaint pursuant to ORS 443.755 shall be
protected from retaliation.
     (6) For adult foster homes in which
clients reside for whom the department pays for care, including homes in which
the provider and the resident are related, the department may require
substantial compliance with its rules relating to standards for care of the
client as a condition for paying for care.
     (7) By order the Director of Human
Services may delegate authority under this section to personnel other than of
the department.
     (8) The department may commence a suit in
equity to enjoin maintenance of an adult foster home if:
     (a) The home is operated without a valid
license under this section; or
     (b) After the license to maintain the home
is ordered suspended or revoked, a reasonable time for placement of residents
in other facilities has been allowed but such placement has not been
accomplished.
     (9) The department shall establish by rule
the maximum capacity of adult foster homes, including all nonrelated and
related persons receiving residential care and day care.
     (10) Any person who violates a provision
of ORS 443.705 to 443.825 or the rules adopted thereunder may be subjected to
the imposition of a civil penalty, to be fixed by the director by rule, not to
exceed $100 per violation, to a maximum of $250 or, per occurrence of
substantiated abuse, a maximum of $1,000. [1983 c.629 §8; 1985 c.663 §7; 1987
c.369 §2; 1987 c.430 §2; 1987 c.431 §2; 1991 c.960 §9; 1995 c.667 §14; 2001
c.900 §191]
     443.780
Exemption where county has licensing and inspection program. (1) The Director of Human Services may
exempt from the license, inspection and fee provisions of ORS 443.705 to
443.825 adult foster homes in those counties where there is a county agency
which provides similar programs for licensing and inspection that the director
finds are equal to or superior to the requirements of ORS 443.705 to 443.825.
     (2) ORS 443.775 (5) applies regardless of
any exceptions granted to a county agency. [1985 c.663 §11; 1995 c.667 §19]
     443.785
Admission of Medicaid recipients. The Department of Human Services may not require an adult foster home
that elects to provide care for a Medicaid recipient to admit an additional
Medicaid resident under a contract with the department. [1999 c.204 §2]
     443.790
Authority of director to impose civil penalty; factors to be considered; rules. (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 443.735.
     (b) Violation of any rule or general order
of the Department of Human Services that pertains to a facility.
     (c) Violation of any final order of the
director that pertains specifically to the facility owned or operated by the
person incurring the penalty.
     (d) Violation of ORS 443.745 or of rules
required to be adopted under ORS 443.775.
     (2) The director shall impose a civil
penalty of not to exceed $500 on any adult foster home for falsifying resident
or facility records or causing another to do so.
     (3) The director shall impose a civil
penalty of $250 on a provider who violates ORS 443.725 (3).
     (4) The director shall impose a civil
penalty of not less than $250 nor more than $500 on a provider who admits a
resident knowing that the residentÂ’s care needs exceed the license classification
of the provider if the admission places the resident or other residents at
grave risk of harm.
     (5)(a) In every case other than those
involving the health, safety or welfare of a resident, the director shall
prescribe a reasonable time for elimination of a violation but except as
provided in paragraph (b) of this subsection shall not prescribe a period to
exceed 30 days after notice of the violation.
     (b) The director may approve a reasonable
amount of time in excess of 30 days if correction of the violation within 30
days is determined to be impossible.
     (6) In imposing a civil penalty, the
director shall consider the following factors:
     (a) The past history of the person
incurring a penalty in taking all feasible steps or procedures necessary or
appropriate to correct any violation.
     (b) Any prior violations of statutes,
rules or orders pertaining to facilities.
     (c) The economic and financial conditions
of the person incurring the penalty.
     (d) The immediacy and extent to which the
violation threatens or threatened the health, safety or welfare of one or more
residents.
     (7) The department shall adopt rules
establishing objective criteria for the imposition and amount of civil
penalties under this section. [1987 c.431 §§4,6; 1991 c.413 §6; 1991 c.960 §10;
1995 c.667 §15]
     443.795
Civil penalty; notice; hearing.
(1) Any civil penalty under ORS 443.790 shall be imposed as provided in 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.
     (3) The Department of Human Services shall
conduct the hearing and issue the final order within 180 days after any hearing
request. [1987 c.431 §5; 1991 c.734 §25; 1991 c.960 §12; 2003 c.14 §263]
     443.805 [1987 c.431 §7; repealed by 1991 c.734 §122]
     443.815
Judicial review of penalties.
Judicial review of civil penalties imposed under ORS 443.790 shall be as
provided under ORS 183.480, except that the court may, in its discretion,
reduce the amount of the penalty. [1987 c.431 §8]
     443.825
Disposition of penalties recovered. All penalties recovered under ORS 443.790 to 443.815 shall be paid
into the State Treasury and credited to the General Fund and are available for
general governmental expenses. [1987 c.431 §9]
DEVELOPMENTAL
DISABILITY CHILD FOSTER HOMES
     443.830
Definitions for ORS 443.830 and 443.835. As used in this section and ORS 443.835:
     (1) “Child” means a person for whom
developmental disability services are planned and provided and who is:
     (a) Under 18 years of age; or
     (b) At least 18 years of age but less than
22 years of age and resides in a developmental disability child foster home and
whose needs, as determined by the individual support plan team, are best met if
services are provided in a developmental disability child foster home.
     (2) “Department” means the Department of
Human Services.
     (3)(a) “Developmental disability child
foster home” means any home maintained by a person who has under the care of
the person, in the home, a child found eligible for developmental disability
services for the purpose of providing the child with supervision, food and
lodging. The child must be unrelated to the person by blood or marriage and be
unattended by the childÂ’s parent or guardian.
     (b) “Developmental disability child foster
home” does not include:
     (A) A boarding school that is essentially
and primarily engaged in educational work;
     (B) A home in which a child is provided
with room and board by a school district board; or
     (C) A foster home under the direct
supervision of a private child-caring agency.
     (4) “Individual support plan team” means a
team composed of the child, the childÂ’s parent or guardian, the community mental
health program representative and representatives of all current service
providers that develops a written plan of services covering a 12-month period
for a child. [1999 c.316 §4; 2001 c.463 §1; 2001 c.900 §192]
     Note: 443.830 and 443.835 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
443 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     443.835
Certificate required; rules.
(1) A person may not operate a developmental disability child foster home
without having a certificate issued by the Department of Human Services.
     (2) A person may apply for a certificate
to operate a developmental disability child foster home by submitting an
application to the department on a form furnished by the department.
     (3) Upon receipt of an application under
subsection (2) of this section, the department shall cause an investigation to
be made of the applicant and the applicantÂ’s home. The department shall determine
whether to issue a certificate to the applicant and, if a certificate is to be
issued, whether to issue a conditional certificate or a regular certificate.
The certificate shall be in the form prescribed by the department by rule.
     (4) After notice and an opportunity for
hearing as provided in ORS 183.310 to 183.482, the department may deny, refuse
to renew or revoke a certificate to operate a developmental disability child
foster home. A person whose application for a certificate has been denied, not
renewed or revoked may appeal the decision to the Court of Appeals in the
manner provided in ORS 183.480 for the review of orders in contested cases.
     (5) The department may adopt rules to
carry out the intent and purposes of this section and ORS 443.830. [1999 c.316 §5]
     Note: See note under 443.830.
HOSPICE
PROGRAMS
     443.850
Definitions for ORS 443.850 to 443.870. As used in ORS 443.850 to 443.870:
     (1) “Hospice program” means a coordinated
program of home and inpatient care, available 24 hours a day, that utilizes an
interdisciplinary team of personnel trained to provide palliative and
supportive services to a patient-family unit experiencing a life threatening
disease with a limited prognosis. A hospice program is an institution for
purposes of ORS 146.100.
     (2) “Hospice services” means items and
services provided to a patient-family unit by a hospice program or by other
individuals or community agencies under a consulting or contractual arrangement
with a hospice program. Hospice services include acute, respite, home care and
bereavement services provided to meet the physical, psychosocial, spiritual and
other special needs of a patient-family unit during the final stages of
illness, dying and the bereavement period.
     (3) “Interdisciplinary team” means a group
of individuals working together in a coordinated manner to provide hospice
care. An interdisciplinary team includes, but is not limited to, the
patient-family unit, the patientÂ’s attending physician or clinician and one or
more of the following hospice program personnel: Physician, nurse practitioner,
nurse, nurseÂ’s aide, occupational therapist, physical therapist, trained lay
volunteer, clergy or spiritual counselor, and credentialed mental health
professional such as psychiatrist, psychologist, psychiatric nurse or social
worker.
     (4) “Patient-family unit” includes an
individual who has a life threatening disease with a limited prognosis and all
others sharing housing, common ancestry or a common personal commitment with
the individual.
     (5) “Person” includes individuals,
organizations and groups of organizations. [1987 c.398 §1; 1989 c.697 §3; 2007
c.474 §1]
     443.860
Certification or accreditation required; exception. (1) Except as provided in subsections (3)
and (4) of this section, no person shall establish, conduct or maintain a
hospice program providing hospice services, or hold itself out to the public as
a hospice program, without:
     (a) Certification by the federal Centers
for Medicare and Medicaid Services as a program of hospice services meeting
standards for Medicare reimbursement; and
     (b)(A) Accreditation by the
     (B) Accreditation by the Joint Commission
on Accreditation of Healthcare Organizations as a program of hospice services.
     (2) The Oregon Hospice Association may
accredit hospices which are not members of the Oregon Hospice Association.
     (3) Any person who is in the process of
developing a hospice program may use the term “hospice” to describe and refer
to the program of services during its development for up to two years. However,
no hospice services to patients or their families shall be provided by a
hospice until accreditation or certification is obtained.
     (4) Any person may operate a hospice
program for a period of not more than 90 consecutive days if the federal
Centers for Medicare and Medicaid Services or the Oregon Hospice Association
acknowledges in writing that accreditation or certification is pending and the
Oregon Hospice Association authorizes that operations may commence.
     (5) A certified or accredited hospice need
not obtain a license pursuant to ORS 443.015 unless it meets the definition of
a home health agency and receives direct compensation for home health care
services from the patient, insurers, Medicare or Medicaid. Compensation paid to
licensed professionals is not direct compensation.
     (6) Except as provided in subsection (5)
of this section, accreditation and certification under subsection (1) of this
section may be considered equivalent to licensure as a hospice program by the
State of
     443.865
Enforcement; rules; civil penalties. (1) Upon the recommendation of the Oregon Hospice Association, the
Department of Human Services shall enforce compliance with the provisions of
ORS 443.860 (1), (3), (4) and (5).
     (2) The Department of Human Services shall
adopt rules pursuant to ORS chapter 183 to implement subsection (1) of this
section. Depending upon the seriousness of the noncompliance, the enforcement
mechanisms to be used shall include, but not be limited to, the imposition of
civil penalties and the issuance of an order to cease operations. [1993 c.110 §2]
     443.870
Hospice program registry.
(1) The Oregon Hospice Association shall maintain and operate a registry of all
certified and accredited hospice programs and all developing hospice programs
and shall make such records available to the public.
     (2) Hospice programs on the registry shall
provide utilization data requested by the Oregon Hospice Association.
     (3) The Oregon Hospice Association shall
compile data received under subsection (2) of this section and annually report
the data to the Department of Human Services. [1987 c.398 §4; 1993 c.110 §4;
2007 c.474 §3]
PROPERTY OF
RESIDENTS
     443.880
Responsibilities of residential facility regarding property of resident. (1) The admission of a person to a
residential facility shall not act to create in the facility, its owner,
administrator or employee any authority to manage, use or dispose of any
property of the resident, or any authority or responsibility for the personal
affairs of the person, except as may be necessary for the safety and orderly
management of the facility and as may be required by this section.
     (2) No owner, administrator or employee of
a residential facility may act as guardian, conservator, trustee or attorney in
fact for any resident of the facility unless the resident is related to the
owner, administrator or employee within the third degree of consanguinity. This
subsection shall not prevent the owner, administrator or employee of a
residential facility from acting as a representative payee for the resident.
     (3) A residential facility shall provide
for the safekeeping of personal effects, funds and other property of its
residents.
     (4) A residential facility shall keep
complete and accurate records of all funds and other property of its residents
received by the facility for safekeeping.
     (5) Any funds or other property belonging
to or due to a resident of a residential facility which are received by a
residential facility shall be held in trust and shall be held separate from the
funds and property of the facility and shall be used only for the account of
the resident. Upon request, the facility shall furnish the resident a complete
and certified statement of all funds or other property to which this section
applies, detailing the amounts and items received, together with their sources
and disposition.
     (6) For the purposes of this section, “residential
facility” means a domiciliary care facility as defined by ORS 443.205, a long
term care facility as defined by ORS 442.015, a residential facility as defined
by ORS 443.400, an adult foster home as defined by ORS 443.705 and any
residential facility required to be registered under ORS 443.480 to 443.500. [1991
c.413 §1; 1997 c.249 §144]
     443.881
Transfer of property; undue influence. (1) No owner, employee or administrator of a residential facility as
defined by ORS 443.880 shall cause any person who is a resident of the facility
to deliver to the owner, employee or administrator any funds or property of the
resident by the exercise of undue influence.
     (2) For the purposes of this section, “undue
influence” means that an owner, employee or administrator of a residential
facility has substituted the will or interests of the owner, employee or
administrator for the will or interests of the resident of the facility. [1991
c.413 §2]
ALZHEIMERÂ’S
DISEASE
     443.885
Registration of certain facilities. Any facility that provides care for patients or residents with
AlzheimerÂ’s disease or other dementia by means of an AlzheimerÂ’s care unit must
register with the Department of Human Services. [1991 c.416 §1; 2003 c.14 §265]
     443.886
Special indorsement required; standards; fees; rules. (1) If a facility intends to provide care
for patients or residents with AlzheimerÂ’s disease or other dementia by means
of an AlzheimerÂ’s care unit, the facility must obtain a special indorsement on
its license or registration.
     (2) The Department of Human Services, with
the input from representatives of advocate groups and the long term care
industry, shall adopt by rule standards that ensure that the special needs of
any AlzheimerÂ’s patient or resident who is cared for in a special unit are met
and that quality care is provided. The standards must include but are not
limited to provisions for:
     (a) Care planning, including physical
design, staffing, staff training, safety, egress control, individual care
planning, admission policy, family involvement, therapeutic activities and
social services;
     (b) Continuity of basic care requirements;
and
     (c) Marketing and advertising of the
availability of and services from AlzheimerÂ’s care units.
     (3) The department shall adopt a fee
schedule for indorsement, taking into account the type of facility and the
number of patients and residents.
     (4) The department shall enforce rules
adopted under subsection (2) of this section and shall allow a licensee or
registrant to retain the special indorsement required to care for patients and
residents with AlzheimerÂ’s disease or other dementia only so long as the
licensee or registrant complies with the rules.
     (5) The special indorsement may be
suspended or revoked in the same manner as the license or registration is
suspended or revoked.
     (6) Unless a facility has obtained the
indorsement required by subsection (1) of this section, the facility shall not:
     (a) Advertise the facility as providing an
AlzheimerÂ’s care unit; or
     (b) Market the facility as providing an
AlzheimerÂ’s care unit.
     (7) As used in this section:
     (a) “Alzheimer’s care unit” means a
special care unit in a designated, separated area for patients and residents
with AlzheimerÂ’s disease or other dementia that is locked, segregated or
secured to prevent or limit access by a patient or resident outside the
designated or separated area.
     (b) “Facility” means a nursing home,
residential care facility, assisted living facility or any other like facility
required to be licensed by the department.
     (c) “Registry” means a facility will
provide the department with information relating to the AlzheimerÂ’s care unit
including the number of residents in the unit, stage of dementia for each
resident, description of how services are provided, and length of time the unit
has been operating. [1991 c.416 §2; 2001 c.900 §193; 2005 c.22 §312]
MISCELLANEOUS
     443.888
Exemption from ad valorem property taxation for certain facilities;
certification. (1)(a) The
owner of a long term care facility seeking to have the facility be exempt from
ad valorem property taxation under ORS 307.811 shall apply to the Department of
Human Services for certification of the facility as an essential community
provider long term care facility.
     (b) The application shall be made after
the close of the calendar year for which the average percentage of residents
eligible for medical assistance under Medicaid is to be determined.
     (2) The application shall be in the form
and shall contain the information prescribed by the department, including but
not limited to:
     (a) The location of the long term care
facility; and
     (b) A statement of the number of residents
of the long term care facility during the previous calendar year and the number
of those residents who were eligible for Medicaid.
     (3) The department shall act upon an
application within 15 days after the date the application has been filed with
the department and all requested information has been provided by the
applicant.
     (4) The department shall certify a long
term care facility as an essential community provider long term care facility
if the facility:
     (a) Is a nursing facility, assisted living
facility or residential care facility and has an average residency rate of 50
percent or more who are eligible for Medicaid; or
     (b) Is an adult foster home and has an
average residency rate of 60 percent or more who are eligible for Medicaid.
     (5) The department shall send the
certification to the applicant. The certification shall state the tax year for
which the certification is valid.
     (6) A certification under this section
shall be valid for the tax year beginning the July 1 immediately following the
calendar year in which the long term care facility met the Medicaid eligibility
residency rate set forth in subsection (4) of this section.
     (7) As used in this section, “long term
care facility” means a nursing facility, assisted living facility, residential
care facility or adult foster home as defined in ORS 443.705. [1999 c.476 §4;
2005 c.688 §6]
     Note: 443.888 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 443 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
PENALTIES
     443.990 [Subsection (2) enacted as 1953 c.659 §14;
1969 c.641 §17; repealed by 1977 c.717 §23]
     443.991
Penalties. (1) Violation of
ORS 443.015 is punishable as a Class C misdemeanor.
     (2) Violation of any provision of ORS
443.400 to 443.455 is a Class B misdemeanor. In addition, the Department of
Human Services may commence an action to enjoin operation of a residential
facility:
     (a) When a residential facility is
operated without valid licensure; or
     (b) After notice of revocation has been
given and a reasonable time for placement of individuals in other facilities
has been allowed.
     (3) Violation of ORS 443.725 is punishable
as a Class C misdemeanor.
     (4) Violation of any provision of ORS
443.755 is a Class B misdemeanor. In addition, the department may commence an
action to enjoin operation of an adult foster home:
     (a) When an adult foster home is operated
without a valid license; or
     (b) After notice of revocation has been
given and a reasonable time for placement of individuals in other facilities
has been allowed.
     (5) Violation of ORS 443.881 is punishable
as a Class C misdemeanor. [Subsection (1) enacted as 1977 c.738 §11; subsection
(2) enacted as 1977 c.717 §14; 1979 c.284 §144; 1985 c.663 §8; subsection (5)
enacted as 1991 c.413 §3]
_______________
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