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2021 Oregon Revised Statutes
Volume : 12 - Public Health
Chapter 441 - Health Care Facilities

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Section 441.005 [Amended by 1971 c.730 §1; 1973 c.840 §1; repealed by 1977 c.751 §57]
Section 441.007 [1973 c.840 §2; repealed by 1977 c.751 §39]
Section 441.010

LICENSING AND SUPERVISION OF FACILITIES AND HEALTH MAINTENANCE ORGANIZATIONS

Section 441.015 - Licensing of facilities and health maintenance organizations; compliance with rules and standards.
Section 441.017 [1981 c.231 §2; 1987 c.753 §1; 2009 c.595 §719; repealed by 2009 c.792 §49]
Section 441.020 - Application; fees; rules.
Section 441.021 - Additional fees for investigation and compliance activities.
Section 441.022 - Factors to be considered in licensing.
Section 441.025 - License issuance; rules; renewal; disclosure; transfer; posting.
Section 441.026 - Licensing of extended stay centers; rules.
Section 441.030 - Denial, suspension or revocation of licenses; restrictions on admission; penalties.
Section 441.035 [Amended by 1959 c.222 §2; 1959 c.466 §1; 1971 c.730 §9; repealed by 1971 c.734 §21]
Section 441.037 - Hearings; procedures; judicial review.
Section 441.038 - Additional remedies.
Section 441.040 [Amended by 1959 c.222 §3; 1971 c.730 §10; repealed by 1971 c.734 §21]
Section 441.044 - Complaints about standard of care in facility; retaliation prohibited; rules.
Section 441.045 [Amended by 1959 c.222 §4; 1959 c.466 §2; 1971 c.730 §11; repealed by 1971 c.734 §21]
Section 441.046 - Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident; rules.
Section 441.047 - Requirement to provide resident with information about Long Term Care Ombudsman services.
Section 441.048 - Discrimination based on execution of POLST, advance directive or similar instruction prohibited.
Section 441.049 - Support persons for patients with disabilities.
Section 441.050
Section 441.051 - Discharge of patient to care of lay caregiver.
Section 441.053 - Release of patient presenting with behavioral health crisis.
Section 441.054 - Discharge of patients receiving mental health treatment.
Section 441.055 - Health care facility medical staff and bylaws; rules.
Section 441.056 - Credentialing telemedicine providers; rules.
Section 441.057
Section 441.058 [1977 c.532 §2; 1979 c.168 §1; repealed by 1983 c.781 §8]
Section 441.059 - Access to previous X-rays and reports by patients of chiropractic physicians.
Section 441.060 - Inspections; approval of plans and specifications; rules; fees.
Section 441.061 - Delegation of health inspections to local public health authorities; financial assistance.
Section 441.062 - Coordination of inspections; rules.
Section 441.063 - Use of facilities by licensed podiatric physicians and surgeons; regulation of admission and conduct.
Section 441.064 - Use of facilities by nurse practitioners and physician assistants; rules regarding privileges and credentialing.
Section 441.065 - Exemption of certain religious institutions.
Section 441.067 - Inspection reports, complaint procedures and rules; posting.
Section 441.070 [Amended by 1959 c.222 §5; repealed by 1971 c.730 §25]
Section 441.073 - Rules regarding staff ratio in long term care facilities; variances; posting.
Section 441.075 [Amended by 1969 c.314 §44; repealed by 1971 c.730 §25]
Section 441.077 - Revocation of license and other penalties for imposing restrictions upon certain physicians; construction of section.
Section 441.078 - Disability discrimination prohibited in provision or insurance coverage of organ transplantation.
Section 441.079 - Eye, organ and tissue transplants.
Section 441.080 [Repealed by 1971 c.730 §25]
Section 441.081 [1979 c.680 §2; repealed by 1981 c.784 §38]
Section 441.082 - Registration of organ procurement organization, tissue bank and eye bank; rules; penalties.
Section 441.083 - Drug information to be provided patients of long term and intermediate care facilities.
Section 441.084 - Choice of patient on suppliers of drugs and supplies.
Section 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]
Section 441.086 - Ambulatory surgical centers; rules.
Section 441.087 - General inspection of long term care facility.
Section 441.089 - Application of Health Care Quality Improvement Act of 1986.
Section 441.090
Section 441.092
Section 441.094 - Denial of emergency medical services because of inability to pay prohibited.
Section 441.095
Section 441.096 - Identification badges.
Section 441.097 [1987 c.428 §2c; repealed by 2001 c.900 §261]
Section 441.098 - Health practitioner referral of patient to treatment or diagnostic testing facility; definitions for ORS 441.098, 441.099 and 441.991; rules.
Section 441.099 - Health Licensing Office to ensure compliance with ORS 441.098.
Section 441.100
Section 441.101 - Safeguards for protected health information; rules.
Section 441.103
Section 441.105 [Amended by 1955 c.464 §1; 1965 c.308 §1; repealed by 1971 c.730 §25]
Section 441.107
Section 441.109
Section 441.110 [Amended by 1955 c.464 §2; 1965 c.308 §2; repealed by 1971 c.730 §25]
Section 441.113
Section 441.115 [Amended by 1965 c.308 §3; 1969 c.314 §45; repealed by 1971 c.730 §25]
Section 441.117
Section 441.120 [Repealed by 1971 c.730 §25]
Section 441.121
Section 441.124
Section 441.125 [Amended by 1955 c.464 §3; 1971 c.730 §18; repealed by 1977 c.751 §39]
Section 441.127
Section 441.130 [Amended by 1955 c.464 §4; 1971 c.730 §19; repealed by 1977 c.751 §39]
Section 441.131
Section 441.133
Section 441.135 [Amended by 1955 c.464 §5; 1965 c.308 §4; 1971 c.730 §20; repealed by 1977 c.751 §39]
Section 441.137
Section 441.140
Section 441.142
Section 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]
Section 441.146
Section 441.147 [1985 c.153 §§8,9,10; repealed by 2013 c.717 §18]
Section 441.150 [Amended by 1971 c.730 §23; repealed by 1977 c.751 §39]

HOSPITAL NURSING SERVICES

Section 441.151 - "Hospital" defined for ORS 441.152 to 441.177.
Section 441.152 - Nurse Staffing Advisory Board.
Section 441.153
Section 441.154 - Hospital nurse staffing committee.
Section 441.155 - Written staffing plan for nursing services.
Section 441.156 - Annual review of nurse staffing plan.
Section 441.157 - Audits.
Section 441.160
Section 441.162
Section 441.164 - Variances to staffing plan requirements.
Section 441.165 - Modification of nurse staffing plan in case of emergency or epidemic.
Section 441.166 - Need for replacement staff.
Section 441.168 - Leaving a patient care assignment.
Section 441.169 - Public notice.
Section 441.170
Section 441.171 - Complaint investigations.
Section 441.172
Section 441.173 - Hospital to maintain records; rules.
Section 441.174
Section 441.175 - Civil penalties; suspension or revocation of license; rules; records.
Section 441.176
Section 441.177 - Posting of audit reports and civil penalties.
Section 441.178
Section 441.179 - Definitions for ORS 441.179 to 441.186.
Section 441.180
Section 441.181 - Retaliation prohibited.
Section 441.182
Section 441.183 - Remedies for retaliation.
Section 441.184 - Unlawful employment practices; civil action for retaliation.
Section 441.185 - Hospital posting of notice.
Section 441.186 - Rights, privileges or remedies of nursing staff.
Section 441.192 - Notice of employment outside of hospital.
Section 441.195
Section 441.196
Section 441.198
Section 441.200
Section 441.205
Section 441.210
Section 441.215 [Repealed by 1957 s.s. c.13 §4 (441.216 enacted in lieu of 441.215)]
Section 441.216 [1957 s.s. c.13 §5 (enacted in lieu of 441.215); 1969 c.343 §3; repealed by 1971 c.727 §203]
Section 441.220 [Amended by 1969 c.343 §4; repealed by 1971 c.727 §203]

ADVISORY COMMITTEE ON PHYSICIAN CREDENTIALING INFORMATION

Section 441.221 - Advisory Committee on Physician Credentialing Information; membership; terms.
Section 441.222 - Committee recommendations.
Section 441.223 - Implementation of committee recommendations; rules.
Section 441.224 [2013 c.603 §2; repealed by 2021 c.50 §1]
Section 441.225 [Repealed by 1971 c.727 §203]
Section 441.226 [2013 c.603 §3; repealed by 2021 c.50 §1]
Section 441.227 [1965 c.403 §2; 1969 c.343 §5; repealed by 1971 c.727 §203]
Section 441.228 [2013 c.603 §4; repealed by 2021 c.50 §1]
Section 441.229 [2013 c.603 §5; repealed by 2021 c.50 §1]
Section 441.230 [Amended by 1965 c.403 §3; 1969 c.343 §6; repealed by 1971 c.727 §203]
Section 441.232 [2013 c.603 §7; repealed by 2021 c.50 §1]
Section 441.233 [2013 c.603 §6; 2017 c.101 §34; 2017 c.384 §7; repealed by 2021 c.50 §1]
Section 441.235 [Amended by 1969 c.343 §7; repealed by 1971 c.647 §149 and 1971 c.727 §203]
Section 441.240 [Amended by 1959 c.69 §1; repealed by 1971 c.647 §149]
Section 441.245 [Repealed by 1957 s.s. c.13 §8]
Section 441.250 [Repealed by 1971 c.647 §149]
Section 441.255 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]
Section 441.260 [Amended by 1969 c.343 §8; repealed by 1971 c.727 §203]
Section 441.265 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]
Section 441.270 [Amended by 1969 c.343 §9; repealed by 1971 c.727 §203]
Section 441.275 [Amended by 1969 c.343 §10; repealed by 1971 c.727 §203]

TRUSTEE OR TEMPORARY MANAGER TO ENSURE COMPLIANCE WITH CARE RULES

Section 441.277 - Definitions for ORS 441.277 to 441.323.
Section 441.280
Section 441.281 - Petition for appointment of trustee; hearing; order.
Section 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]
Section 441.286 - Grounds for appointment of trustee.
Section 441.289 - Powers and duties of trustee.
Section 441.290
Section 441.293 - Liability to trustee for goods and services after notice; effect of nonpayment.
Section 441.295
Section 441.296 - Liability for rent or contracts.
Section 441.300 [Amended by 1969 c.343 §14; repealed by 1969 c.343 §29 and 1969 c.345 §20]
Section 441.301 - Payment of expenses when income inadequate.
Section 441.303 - Establishment of Facility Fund; fees from facilities in addition to license or application fee; use of fees.
Section 441.305
Section 441.306 - Compensation of trustee.
Section 441.307 [1957 s.s. c.13 §7; 1969 c.343 §16; repealed by 1971 c.647 §149]
Section 441.308 [Repealed by 1957 s.s. c.13 §8]
Section 441.309 - Trustee as public employee.
Section 441.310 [Amended by 1959 c.616 §1; 1969 c.343 §17; repealed by 1971 c.647 §149]
Section 441.312 - License renewal of facility placed in trust.
Section 441.315
Section 441.316 - Termination of trust; extension; license revocation.
Section 441.318 - Trustee accounting; deficiencies; lien.
Section 441.320
Section 441.323 - Effect of trust or temporary management on prior obligations or civil or criminal liabilities.
Section 441.325
Section 441.330
Section 441.331 - Definition of "facility" for ORS 441.331 to 441.341.
Section 441.333 - Appointment of temporary manager.
Section 441.335
Section 441.336 - Accounting by temporary manager; deficiencies; lien.
Section 441.338 - Temporary manager as agent of state agency.
Section 441.340 [Repealed by 1971 c.647 §149]
Section 441.341 - Rules.
Section 441.345
Section 441.350
Section 441.355

CARE FACILITIES AND RESIDENTIAL CARE FACILITIES

Section 441.357 - Definitions for ORS 441.357 to 441.367.
Section 441.360
Section 441.362 - Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent.
Section 441.365
Section 441.367 - Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty.
Section 441.370
Section 441.373 - Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime.
Section 441.375
Section 441.380 [Amended by 1969 c.343 §22; repealed by 1971 c.727 §203]
Section 441.385 [Amended by 1969 c.343 §23; repealed by 1971 c.727 §203]
Section 441.390 [Amended by 1969 c.343 §24; repealed by 1971 c.727 §203]
Section 441.395
Section 441.400 [Amended by 1969 c.343 §25; repealed by 1971 c.727 §203]

LONG TERM CARE OMBUDSMAN

Section 441.402 - Definitions for ORS 441.402 to 441.419.
Section 441.403 - Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications.
Section 441.404 - Funding of office.
Section 441.405 [Amended by 1969 c.343 §26; repealed by 1971 c.727 §203]
Section 441.406 - Duties of ombudsman; rules.
Section 441.407 - Procedures to maintain confidentiality.
Section 441.408 - Right of entry into facilities and access to records.
Section 441.409 - Report after investigation; referral to other agencies.
Section 441.410 [Repealed by 1971 c.727 §203]
Section 441.411 - Notice of complaint procedures; posting.
Section 441.412 - Immunity of employees.
Section 441.413 - Appointment of designees; qualifications; duties.
Section 441.414 - Effect of ORS 441.402 to 441.419 on right to visitors.
Section 441.415
Section 441.416 - Residential Ombudsman and Public Guardianship Advisory Board; appointment; confirmation; term; qualifications.
Section 441.417 - Duties.
Section 441.418 - Appeal to Residential Ombudsman and Public Guardianship Advisory Board.
Section 441.419 - Long Term Care Ombudsman Account.
Section 441.420
Section 441.425 [1973 c.837 §3; repealed by 1977 c.751 §57]
Section 441.430 [1973 c.837 §4; repealed by 1977 c.751 §57]
Section 441.435
Section 441.440
Section 441.445
Section 441.460
Section 441.465
Section 441.470 [1973 c.837 §11; repealed by 1977 c.751 §57]
Section 441.475 [1973 c.837 §5; repealed by 1977 c.751 §57]
Section 441.480
Section 441.505
Section 441.510
Section 441.515

SERVICES AND FACILITIES CONSTRUCTION

LONG TERM CARE FACILITIES

CIVIL PENALTIES AND LICENSE CONDITIONS

Section 441.705 - Definitions for ORS 441.705 to 441.745.
Section 441.710 - Civil penalties; when imposed.
Section 441.712 - Notice of civil penalty.
Section 441.715 - Criteria for civil penalties; rules.
Section 441.720 - Remittance or reduction of penalties.
Section 441.725 [1975 c.328 §4; 1985 c.648 §3; 1987 c.428 §40; repealed by 1993 c.759 §19]
Section 441.726 - Progressive enforcement process.
Section 441.730 [1975 c.328 §5; repealed by 1977 c.261 §11]
Section 441.731 - Civil penalties.
Section 441.735 [1975 c.328 §6; 1977 c.261 §10; 1989 c.706 §13; repealed by 1991 c.734 §122]
Section 441.736 - License conditions.
Section 441.740 - Judicial review.
Section 441.745 - Penalties to Quality Care Fund.

SUICIDE ATTEMPTS BY MINORS

Section 441.750 - Suicide attempts by minors; referral; report; disclosure of information; limitation of liability.
Section 441.755 - Report form; contents.
Section 441.810 [Formerly 441.510; repealed by 1979 c.284 §199]

MISCELLANEOUS

PENALTIES

Section 441.990 - Civil and criminal penalties.
Section 441.991 - Civil penalty for violation of ORS 441.098.
Section 441.992 - Civil penalty for violation of ORS 441.048 or 441.049.
Section 441.995 [1993 c.759 §10(3),(4),(5),(6); 2005 c.22 §299; 2009 c.837 §23; repealed by 2017 c.679 §46]

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.

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2021 Oregon Revised StatutesVolume : 12 - Public HealthChapter 441 - Health Care Facilities

2021 Oregon Revised Statutes
Volume : 12 - Public Health
Chapter 441 - Health Care Facilities