2011 Oregon Revised Statutes
ORS Volume 11, Chapters 431 - 470
ORS Chapter 441

• 441.005 [Amended by 1971 c.730 1; 1973 c.840 1; repealed by 1977 c.751 57]
• 441.007 [1973 c.840 2; repealed by 1977 c.751 39]
• 441.010 [Amended by 1971 c.730 3; 1973 c.840 3; 1977 c.751 18; renumbered 442.300] LICENSING AND SUPERVISION OF FACILITIES AND ORGANIZATIONS
• 441.015 Licensing of facilities and health maintenance organizations; compliance with rules and standards.
• 441.017 [1981 c.231 2; 1987 c.753 1; 2009 c.595 719; repealed by 2009 c.792 49]
• 441.020 Application; fees.
• 441.021 Additional fees for investigation and compliance activities.
• Note: 441.021 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.022 Factors to be considered in licensing.
• 441.025 License issuance; rules; renewal; disclosure; transfer; posting.
• 441.030 Denial, suspension or revocation of licenses; restrictions on admission; penalties.
• 441.035 [Amended by 1959 c.222 2; 1959 c.466 1; 1971 c.730 9; repealed by 1971 c.734 21]
• 441.037 Hearings; procedures; judicial review.
• 441.040 [Amended by 1959 c.222 3; 1971 c.730 10; repealed by 1971 c.734 21]
• 441.045 [Amended by 1959 c.222 4; 1959 c.466 2; 1971 c.730 11; repealed by 1971 c.734 21]
• 441.050 Additional remedies.
• 441.055 Rules; health care facilities to ensure compliance; medical staff bylaws; peer review; procedure.
• 441.057 Rules concerning complaints about care; reporting by employee.
• 441.058 [1977 c.532 2; 1979 c.168 1; repealed by 1983 c.781 8]
• 441.059 Access to previous X-rays and reports by patients of chiropractic physicians.
• 441.060 Inspections; approval of plans and specifications; rules; fees.
• 441.061 Delegation of health inspections to local governmental agencies; financial assistance.
• 441.062 Coordination of inspections; rules.
• Note: 441.062 was added to and made a part of 441.015 to 441.087 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 441.063 Use of facilities by licensed podiatric physicians and surgeons; regulation of admission and conduct.
• 441.064 Use of facilities by licensed nurse practitioners; rules regarding admissions and privileges.
• Note: 441.064 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.065 Exemption of certain religious institutions.
• 441.067 Inspection reports, complaint procedures and rules; posting.
• 441.070 [Amended by 1959 c.222 5; repealed by 1971 c.730 25]
• 441.073 Rules regarding staff ratio in long term care facilities; variances; posting.
• 441.075 [Amended by 1969 c.314 44; repealed by 1971 c.730 25]
• 441.077 Revocation of license and other penalties for imposing restrictions upon certain physicians; construction of section.
• Note: 441.077 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.079 Eye, organ and tissue transplants.
• Note: 441.079 and 441.082 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.080 [Repealed by 1971 c.730 25]
• 441.081 [1979 c.680 2; repealed by 1981 c.784 38]
• 441.082 Registration of organ procurement organization, tissue bank and eye bank; rules; penalties.
• Note: See note under 441.079.
• 441.083 Drug information to be provided patients of long term and intermediate care facilities.
• 441.084 Choice of patient on suppliers of drugs and supplies.
• 441.085 [1971 c.730 2; 1973 c.840 13; 1977 c.751 26; 1987 c.428 15; 2001 c.900 171; 2009 c.595 731; repealed by 2009 c.792 49]
• 441.086 Ambulatory surgical centers; rules.
• Note: 441.086 was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 441.087 General inspection of long term care facility.
• 441.089 Application of Health Care Quality Improvement Act of 1986.
• 441.090 [1971 c.730 15; 1973 c.358 6; 1973 c.840 14; 1975 c.485 1; 1977 c.751 28; renumbered 442.320]
• 441.092 [1975 c.485 4; 1977 c.751 29; renumbered 442.330]
• 441.094 Denial of emergency medical services because of inability to pay prohibited.
• Note: 441.094 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.095 [1971 c.730 16; 1973 c.358 7; 1973 c.840 15; 1975 c.485 2; 1977 c.751 30; renumbered 442.340]
• 441.096 Identification badges.
• Note: 441.096 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.097 [1987 c.428 2c; repealed by 2001 c.900 261]
• 441.098 Physician referral of patient to treatment facility.
• 441.100 Definitions.
• 441.103 Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications.
• 441.105 [Amended by 1955 c.464 1; 1965 c.308 1; repealed by 1971 c.730 25]
• 441.107 Funding of office.
• 441.109 Duties of ombudsman; rules.
• 441.110 [Amended by 1955 c.464 2; 1965 c.308 2; repealed by 1971 c.730 25]
• 441.113 Procedures to maintain confidentiality.
• 441.115 [Amended by 1965 c.308 3; 1969 c.314 45; repealed by 1971 c.730 25]
• 441.117 Right of entry into facilities and access to records.
• 441.120 [Repealed by 1971 c.730 25]
• 441.121 Report after investigation; referral to other agencies.
• 441.124 Notice of complaint procedures; posting.
• 441.125 [Amended by 1955 c.464 3; 1971 c.730 18; repealed by 1977 c.751 39]
• 441.127 Immunity of employees.
• 441.130 [Amended by 1955 c.464 4; 1971 c.730 19; repealed by 1977 c.751 39]
• 441.131 Appointment of designees; qualifications; duties.
• 441.133 Effect of ORS 441.100 to 441.153 on right to visitors.
• 441.135 [Amended by 1955 c.464 5; 1965 c.308 4; 1971 c.730 20; repealed by 1977 c.751 39]
• 441.137 Long Term Care Advisory Committee; appointment; confirmation; term; qualifications.
• 441.140 [Amended by 1955 c.464 6; 1971 c.730 21; 1977 c.751 31; renumbered 442.350]
• 441.142 Duties.
• 441.145 [Amended by 1955 c.464 7; 1965 c.308 5; 1965 c.439 5; 1971 c.730 22; repealed by 1977 c.751 39]
• 441.146 Appeal to Long Term Care Advisory Committee.
• Note: 441.146 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.147 Officers; quorum; meetings; expenses.
• 441.150 [Amended by 1971 c.730 23; repealed by 1977 c.751 39]
• 441.153 Long Term Care Ombudsman Account.
• 441.160 Definition for ORS 441.162 to 441.170.
• Note: 441.160 to 441.192 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.162 Written staffing plan for nursing services.
• Note: See note under 441.160.
• 441.164 Variances in staffing plan requirements.
• Note: See note under 441.160.
• 441.166 Need for replacement staff.
• Note: See note under 441.160.
• 441.168 Leaving a patient care assignment.
• Note: See note under 441.160.
• 441.170 Civil penalties; suspension or revocation of license; rules; records; compliance audits.
• Note: See note under 441.160.
• 441.172 Definitions for ORS 441.172 to 441.182.
• Note: See note under 441.160.
• 441.174 Retaliation prohibited.
• Note: See note under 441.160.
• 441.176 Remedies for retaliation.
• Note: See note under 441.160.
• 441.178 Unlawful employment practices; civil action for retaliation.
• Note: See note under 441.160.
• 441.180 Hospital posting of notice.
• Note: See note under 441.160.
• 441.182 Rights, privileges or remedies of nursing staff.
• Note: See note under 441.160.
• 441.192 Notice of employment outside of hospital.
• Note: See note under 441.160.
• 441.195 [1957 s.s. c.13 1; renumbered 440.305]
• 441.200 [1951 s.s. c.13 2; renumbered 440.310]
• 441.205 [Amended by 1969 c.343 1; renumbered 440.315]
• 441.210 [Amended by 1969 c.343 2; 1971 c.727 114; renumbered 440.320]
• 441.215 [Repealed by 1957 s.s. c.13 4 (441.216 enacted in lieu of 441.215)]
• 441.216 [1957 s.s. c.13 5 (enacted in lieu of 441.215); 1969 c.343 3; repealed by 1971 c.727 203]
• 441.220 [Amended by 1969 c.343 4; repealed by 1971 c.727 203]
• 441.225 [Repealed by 1971 c.727 203]
• 441.227 [1965 c.403 2; 1969 c.343 5; repealed by 1971 c.727 203]
• 441.230 [Amended by 1965 c.403 3; 1969 c.343 6; repealed by 1971 c.727 203]
• 441.235 [Amended by 1969 c.343 7; repealed by 1971 c.647 149 and 1971 c.727 203]
• 441.240 [Amended by 1959 c.69 1; repealed by 1971 c.647 149]
• 441.245 [Repealed by 1957 s.s. c.13 8]
• 441.250 [Repealed by 1971 c.647 149]
• 441.255 [Repealed by 1971 c.647 149 and 1971 c.727 203]
• 441.260 [Amended by 1969 c.343 8; repealed by 1971 c.727 203]
• 441.265 [Repealed by 1971 c.647 149 and 1971 c.727 203]
• 441.270 [Amended by 1969 c.343 9; repealed by 1971 c.727 203]
• 441.275 [Amended by 1969 c.343 10; repealed by 1971 c.727 203] TRUSTEE OR TEMPORARY MANAGER TO ENSURE COMPLIANCE WITH CARE RULES
• 441.277 Definitions for ORS 441.277 to 441.323.
• 441.280 [Amended by 1969 c.343 11; 1971 c.727 117; renumbered 440.325]
• 441.281 Petition for appointment of trustee; hearing; order.
• 441.285 [Amended by 1969 c.343 12; repealed by 1969 c.343 28; amended by 1969 c.669 8; 1973 c.796 61; renumbered 440.330]
• 441.286 Grounds for appointment of trustee.
• 441.289 Powers and duties of trustee.
• 441.290 [Renumbered 440.335]
• 441.293 Liability to trustee for goods and services after notice; effect of nonpayment.
• 441.295 [Amended by 1969 c.343 13,27; 1969 c.344 6; 1971 c.403 7; renumbered 440.340]
• 441.296 Liability for rent or contracts.
• 441.300 [Amended by 1969 c.343 14; repealed by 1969 c.343 29 and 1969 c.345 20]
• 441.301 Payment of expenses when income inadequate.
• 441.303 Establishment of Facility Fund; fees from facilities in addition to license fee; use of fees.
• 441.305 [Amended by 1969 c.343 15; 1971 c.647 79; renumbered 440.350]
• 441.306 Compensation of trustee.
• 441.307 [1957 s.s. c.13 7; 1969 c.343 16; repealed by 1971 c.647 149]
• 441.308 [Repealed by 1957 s.s. c.13 8]
• 441.309 Trustee as public employee.
• 441.310 [Amended by 1959 c.616 1; 1969 c.343 17; repealed by 1971 c.647 149]
• 441.312 License renewal of facility placed in trust.
• 441.315 [Amended by 1971 c.647 80; renumbered 440.355]
• 441.316 Termination of trust; extension; license revocation.
• 441.318 Trustee accounting; deficiencies; lien.
• 441.320 [Amended by 1967 c.37 1; 1967 c.353 1; 1971 c.89 1; 1971 c.727 118; renumbered 440.360]
• 441.323 Effect of trust or temporary management on prior obligations or civil or criminal liabilities.
• 441.325 [Renumbered 440.365]
• 441.330 [Renumbered 440.370]
• 441.331 Definition of facility for ORS 441.331 to 441.341.
• Note: 441.331 to 441.341 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.333 Appointment of temporary manager.
• Note: See note under 441.331.
• 441.335 [Amended by 1963 c.9 25; 1969 c.343 18; renumbered 440.375]
• 441.336 Accounting by temporary manager; deficiencies; lien.
• Note: See note under 441.331.
• 441.338 Temporary manager as agent of state agency.
• Note: See note under 441.331.
• 441.340 [Repealed by 1971 c.647 149]
• 441.341 Rules.
• Note: See note under 441.331.
• 441.345 [Amended by 1969 c.2 1; 1969 c.343 19; 1969 c.694 7; 1971 c.36 4; renumbered 440.380]
• 441.350 [Amended by 1969 c.343 20; renumbered 440.385]
• 441.355 [Renumbered 440.390] MOVES FROM LONG TERM CARE FACILITIES AND RESIDENTIAL CARE FACILITIES
• 441.357 Definitions for ORS 441.357 to 441.367.
• 441.360 [Amended by 1963 c.9 26; 1969 c.694 8; renumbered 440.395]
• 441.362 Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent.
• 441.365 [Amended by 1961 c.396 1; 1969 c.343 20a; 1969 c.694 9; 1971 c.36 5; 1973 c.284 3; renumbered 440.400]
• 441.367 Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty.
• 441.370 [Amended by 1969 c.343 21; renumbered 440.405]
• 441.373 Admission to or removal from long term care facility or residential care facility of person convicted of sex crime.
• Note: 441.373 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.375 [Amended by 1973 c.284 4; renumbered 440.410]
• 441.380 [Amended by 1969 c.343 22; repealed by 1971 c.727 203]
• 441.385 [Amended by 1969 c.343 23; repealed by 1971 c.727 203]
• 441.390 [Amended by 1969 c.343 24; repealed by 1971 c.727 203]
• 441.395 [Subsection (2) enacted as 1957 c.584 1; repealed by 1969 c.343 30]
• 441.400 [Amended by 1969 c.343 25; repealed by 1971 c.727 203]
• 441.405 [Amended by 1969 c.343 26; repealed by 1971 c.727 203]
• 441.410 [Repealed by 1971 c.727 203]
• 441.415 [1973 c.837 2; 1977 c.751 40; renumbered 442.400]
• 441.420 [1973 c.837 1; 1977 c.751 41; renumbered 442.405]
• 441.425 [1973 c.837 3; repealed by 1977 c.751 57]
• 441.430 [1973 c.837 4; repealed by 1977 c.751 57]
• 441.435 [1973 c.837 6; 1977 c.751 42; renumbered 442.420]
• 441.440 [1973 c.837 7; renumbered 442.425]
• 441.445 [1973 c.837 8; renumbered 442.430]
• 441.460 [1973 c.837 9; 1977 c.751 43; renumbered 442.435]
• 441.465 [1973 c.837 10; renumbered 442.440]
• 441.470 [1973 c.837 11; repealed by 1977 c.751 57]
• 441.475 [1973 c.837 5; repealed by 1977 c.751 57]
• 441.480 [1973 c.837 12; renumbered 442.445]
• 441.505 [Subsection (2) enacted as 1957 c.584 2; 1967 c.498 5; renumbered 440.505]
• 441.510 [Renumbered 441.810]
• 441.515 [1971 c.166 1; renumbered 441.815] FINANCING OF HEALTH CARE FACILITIES CONSTRUCTION
• 441.525 Definitions for ORS 441.525 to 441.595.
• 441.530 Policy.
• 441.532 Municipalities authorized to create authority; issuance of obligations; conditions; purpose of authority.
• 441.535 Procedure to create public authority.
• 441.540 Board of directors; rules; conflict of interest; quorum; personnel.
• 441.545 Authority may not levy taxes.
• 441.550 General powers.
• 441.555 Issuance of revenue obligations; nature of obligation; refunding.
• 441.560 Borrowing; bond anticipation notes.
• 441.565 Obligations of authority not obligations of municipality.
• 441.570 Payment of principal and interest.
• 441.575 Authorities may act jointly.
• 441.580 Authority as public body; tax status of assets, income and bonds.
• 441.585 Disposition of excess earnings; disposition of assets on dissolution.
• 441.590 Authority granted by ORS 441.525 to 441.595.
• 441.595 Construction of ORS 441.525 to 441.595.
• 441.600 Definitions for ORS 441.600 to 441.625.
• 441.605 Legislative declaration of rights intended for residents.
• 441.610 Nursing home patients bill of rights; rules.
• 441.612 Additional rights; rules.
• Note: 441.612 was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 441.615 Powers and responsibilities of department; rules.
• 441.620 Disclosure of business information required.
• 441.623 [1987 c.428 1; repealed by 2001 c.900 261]
• 441.624 Purpose.
• Note: 441.624 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.625 Retaliation against resident exercising rights prohibited.
• 441.630 Definitions for ORS 441.630 to 441.680 and 441.995.
• 441.635 Legislative finding.
• 441.637 Rules; submission of rules to advisory group.
• Note: 441.637, 441.676, 441.677, 441.678 and 441.679 were added to and made a part of 441.630 to 441.680 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 441.640 Report of suspected abuse of resident required.
• 441.645 Oral report to area agency on aging, department or law enforcement agency.
• 441.650 Investigation of abuse complaint; initial status report; content; distribution of report; duties of investigator; investigation report.
• 441.655 Immunity provided reporter of abuse.
• 441.660 Photographing resident; photograph as record.
• 441.665 Record of reports; classification of investigation report.
• 441.670 [1979 c.770 9; repealed by 1981 c.470 1 (441.671 enacted in lieu of 441.670)]
• 441.671 Confidentiality of reports; when available.
• 441.675 Certain evidentiary privileges inapplicable.
• 441.676 Investigation of licensing violations; powers of investigator.
• Note: See note under 441.637.
• 441.677 Letter of determination; determination rules; distribution of letter; notice to nursing assistant; right to contested case hearing; rules.
• Note: See note under 441.637.
• 441.678 Review of finding that nursing assistant responsible for abuse; name placed in registry.
• Note: See note under 441.637.
• 441.679 Preemployment inquiries; when employment prohibited.
• Note: See note under 441.637.
• 441.680 Spiritual healing alone not considered abuse of resident.
• 441.685 Monitors; designation; duties; peer review of facilities.
• 441.690 Complainant may accompany investigator.
• 441.695 Conduct of investigation.
• 441.697 Prescribed drug supply for unscheduled therapeutic leave from long term care facility; dispensing of drugs by registered nurse.
• Note: 441.697 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Access)
• 441.700 Access to facilities by persons providing services.
• 441.703 Complaint file; summary; availability on request.
• 441.704 [1983 c.484 1; repealed by 1985 c.647 3] CIVIL PENALTIES
• 441.705 Definitions for ORS 441.705 to 441.745.
• Note: 441.705 to 441.745 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.710 Civil penalties; when imposed.
• Note: See note under 441.705.
• 441.712 Notice of civil penalty.
• Note: See note under 441.705.
• 441.715 Objective criteria for civil penalties; rules.
• Note: See note under 441.705.
• 441.720 Remittance or reduction of penalties.
• Note: See note under 441.705.
• 441.725 [1975 c.328 4; 1985 c.648 3; 1987 c.428 40; repealed by 1993 c.759 19]
• 441.730 [1975 c.328 5; repealed by 1977 c.261 11]
• 441.735 [1975 c.328 6; 1977 c.261 10; 1989 c.706 13; repealed by 1991 c.734 122]
• 441.740 Judicial review.
• Note: See note under 441.705.
• 441.745 Penalties to Quality Care Fund.
• Note: See note under 441.705. SUICIDE ATTEMPTS BY MINORS
• 441.750 Suicide attempts by minors; referral; report; disclosure of information; limitation of liability.
• Note: 441.750 and 441.755 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.755 Report form; contents.
• Note: See note under 441.750.
• 441.810 [Formerly 441.510; repealed by 1979 c.284 199] MISCELLANEOUS
• 441.815 Smoking of tobacco in or near hospital prohibited; rules.
• 441.820 Procedure for termination of physician s privilege to practice medicine at health care facility; immunity from damage action for good faith report.
• 441.825 Authority of hospital to require medical staff to provide professional liability insurance.
• Note: 441.825 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 441.827 [1991 c.774 1,2; renumbered 676.300 in 2003]
• 441.840 [1987 c.670 1; repealed by 1989 c.800 8] PENALTIES
• 441.990 Civil and criminal penalties.
• 441.995 Factors considered in determining penalties under ORS 441.630 to 441.680; civil penalty.