justicedao/ipfs_state_laws huggingface dataset:
411-054-0060 Restraints and Supportive Devices Residential care and assisted living facilities are intended to be restraint free environments. (1) Restraints are not permitted except when a resident's actions present an imminent danger to self or others and only until immediate action is taken by medical, emergency, or police personnel. (2) Supportive devices with restraining qualities are permitted under the following documented circumstances, the: (a) Resident specifically requests or approves of the device and the facility has informed the individual of the risks and benefits associated with the device; (b) Facility registered nurse, a physical therapist or occupational therapist has conducted a thorough assessment; (c) Facility has documented other less restrictive alternatives evaluated prior to the use of the device; and (d) Facility has instructed direct care staff on the correct use and precautions related to use of the device. (3) Supportive devices with restraining qualities may be utilized for residents who are unable to evaluate the risks and benefits of the device when sections (2)(b), (2)(c) and (2)(d) have been met. As of July 1, 2018 the process as identified in 411-054-0038 for Individually-Based Limitations must be followed for anything that meets the definition of restraint, including, but not limited to, supportive devices with restraining qualities. (4) Documentation of the use of supportive devices with restraining qualities must be included in the resident service plan and evaluated on a quarterly basis. Statutory/Other Authority: ORS 410.070 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991 History: APD 19-2018, amend filed 06/29/2018, effective 06/29/2018 APD 35-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018 APD 30-2017, amend filed 12/01/2017, effective 12/15/2017 APD 17-2017(Temp), f. & cert. ef. 8-1-17 thru 1-27-18 SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07
411-054-0093 Emergency and Disaster Planning An emergency preparedness plan is a written procedure that identifies a facility's response to an emergency or disaster for the purpose of minimizing loss of life, mitigating trauma, and to the extent possible, maintaining services for residents, and preventing or reducing property loss. (1) The facility must prepare and maintain a written emergency preparedness plan in accordance with the OFC. (2) The emergency preparedness plan must: (a) Include analysis and response to potential emergency hazards, including, but not limited to: (A) Evacuation of a facility; (B) Fire, smoke, bomb threat, and explosion; (C) Prolonged power failure, water, and sewer loss; (D) Structural damage; (E) Hurricane, tornado, tsunami, volcanic eruption, flood, and earthquake; (F) Chemical spill or leak; and (G) Pandemic. (b) Address the medical needs of the residents, including: (A) Access to medical records necessary to provide services and treatment; and (B) Access to pharmaceuticals, medical supplies, and equipment during and after an evacuation. (c) Include provisions and supplies sufficient to shelter in place for a minimum of three days without electricity, running water, or replacement staff. (3) The facility must notify the Department, the local AAA office, or designee, of the facility's status in the event of an emergency that requires evacuation and during any emergent situation when requested. (4) The facility must conduct a drill of the emergency preparedness plan at least twice a year in accordance with the OFC and other applicable state and local codes as required. One of the practice drills may consist of a walk-through of the duties or a discussion exercise with a hypothetical event, commonly known as a tabletop exercise. These simulated drills may not take the place of the required fire drills. (5) The facility must annually review or update the emergency preparedness plan as required by the OFC and the emergency preparedness plan must be available on-site for review upon request. Statutory/Other Authority: ORS 410.070 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.455, 443.991 & OL 2007 Ch. 205 History: APD 1-2015, f. 1-14-15, cert. ef. 1-15-15 SPD 11-2012, f. 8-31-12, cert. ef. 9-1-12 SPD 13-2009, f. 9-30-09, cert. ef. 10-1-09 SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07
411-054-0100 Exceptions and Waivers (1) SPD may grant exceptions to these rules as provided herein. Exceptions will not be granted that are determined, in the discretion of SPD, to be detrimental to the residents. The facility seeking an exception must submit to SPD, in writing, reasons for the exception request. (2) No exception will be granted from a regulation or provision of these rules pertaining to the monitoring of the facility, resident rights, and inspection of the public files. (3) Exceptions granted by SPD must be in writing and be reviewed periodically. Exceptions and waivers may be rescinded at any time if SPD determines that continuance of the waiver has a potential adverse impact on resident well-being, privacy, or dignity. SPD will send written notice to the provider with reason(s) why a waiver is denied or rescinded. (4) If applicable, exceptions will not be granted by SPD without prior consultation with other agencies involved. (5) For assisted living facilities: an individual exception is required for each resident who chooses to share a unit with someone other than his/her spouse or partner. Statutory/Other Authority: ORS 410.070 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991 History: SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07
411-054-0130 Non-Renewal, Denial, Suspension or Revocation of License (1) The Department may deny, suspend, revoke, or refuse to renew a license under the following conditions: (a) Where the Department finds there has been substantial failure to comply with these rules; (b) Where the State Fire Marshal or authorized representative certifies there is failure to comply with all applicable ordinances and rules relating to safety from fire; (c) If the licensee fails to implement a plan of correction or comply with a final order of the Department imposing an administrative sanction, including the imposition of a civil penalty; (d) Failure to disclose requested information on the application or provision of incomplete or incorrect information on the application; (e) Where imminent danger to the health or safety of residents exists; (f) When the facility has interfered with an employee or volunteer who has made a good faith disclosure of information as described in 411-054-0028(4) and 411-054-0105(2); (g) Abandonment of facility operation; (h) Loss of physical possession of the premise; (i) Loss of operational control of the facility; or (j) Appointment of a receiver, trustee, or other fiduciary by court order. (2) Such revocation, suspension, denial, or non-renewal shall be done in accordance with the rules of the Department and ORS chapter 183. (3) Nothing in this rule is intended to preclude the Department from taking other regulatory action on a suspended licensee for violation of the licensing regulations in these rules. Statutory/Other Authority: ORS 410.070, 443.450 & 443.417 Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991 History: APD 55-2021, amend filed 12/09/2021, effective 12/15/2021 APD 23-2021, temporary amend filed 06/21/2021, effective 06/23/2021 through 12/19/2021 SPD 13-2009, f. 9-30-09, cert. ef. 10-1-09 SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07
411-054-0133 Temporary Manager (1) APPOINTMENT. The Division, with the consent of the licensee, may appoint a temporary manager to assume control of the day-to-day operation of the facility in accordance with Oregon Laws 2009, chapter 539, sections 14 through 18. The appointment may be for a period not to exceed six months. (2) CRITERIA. A temporary manager may be appointed if the Division determines that the health or safety of residents in the facility are, or in the immediate future shall be, in jeopardy based upon: (a) The licensee’s unwillingness or inability to comply with Department rules in the operation of the facility; (b) The imminent insolvency of the facility; (c) The Division's revocation or suspension of the license of the facility; or (d) The Division's determination that the licensee intends to cease operations and to close the facility without adequate arrangements for the relocation of the residents. (3) DUTIES AND POWERS. The temporary manager has all of the duties and powers, as agreed upon between the Division and the licensee that are necessary to ensure the safety and well-being of the residents and the continued operation of the facility. (4) QUALIFICATIONS. In order to qualify for appointment as temporary manager, the prospective appointee must: (a) Be, or employ a person who is, qualified to serve as administrator for the type of facility being served; (b) Be familiar with the Division’s rules for the operation of the facility to be served; (c) Be familiar with the needs of the resident population in the facility to be served; and (d) Have a demonstrated history (five year minimum) of operating and managing a similar facility in substantial compliance with Department rules. Statutory/Other Authority: ORS 410.070 & 443.450 Statutes/Other Implemented: ORS 443.400 to 443.455 & 443.991 History: SPD 10-2010, f. 6-30-10, cert. ef. 7-1-10 SPD 23-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
411-054-0135 Criminal Penalties (1) Violation of any provision of ORS 443.400 to 443.455 is a Class B misdemeanor. (2) Violation of any provision of ORS 443.881 is a Class C misdemeanor. Statutory/Other Authority: ORS 443.455 Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991 History: SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07
411-054-0140 Additional Authority SPD may commence a suit in equity to enjoin operation of a facility when: (1) A facility is operated without a valid license; or (2) Notice of revocation has been given and a reasonable time has been allowed for placement of individuals in other facilities. Statutory/Other Authority: ORS 410.070 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991 History: SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07
411-055-0305 Purpose (1) The purpose of the rules in OAR chapter 411, division 55 is to establish standards and procedures for licensed Residential Care Facilities endorsed as Intensive Intervention Communities (IICs). Intensive Intervention Communities provide specialized services for individuals with behavioral issues who are best served in smaller settings of fewer than six residents. (2) These rules are designed to ensure that residents living in Intensive Intervention Communities have positive quality of life, consumer protection, autonomy, and person-centered care. Resident's rights, dignity, choice, comfort, and independence are promoted in this setting. The endorsement does not constitute a recommendation of any IIC by the Department of Human Services Aging and People with Disabilities (APD) program. (3) The intent of these rules is to prevent institutionalization, re-institutionalization, or hospitalization of individuals who need the safe and skillful application of Intensive Intervention Services. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-055-0315 Application for Endorsement (1) ENDORSEMENT REQUIRED. To operate as an IIC, a service provider must be endorsed under these rules. (a) At least 60 days prior to the proposed effective date of the endorsement, a service provider must submit the following to the Department: (A) Completed Intensive Intervention Community (IIC) application form; (B) Standard Residency Agreement Template that meets OAR Chapter 411, Divisions 004 and 054; and (C) Uniform Disclosure Statement (Form SDS 9098A), per OAR 411-055-0025(10) to the Department. The Department shall return incomplete forms to the service provider. (b) The Department shall conduct an on-site inspection prior to the issuance of an endorsement to ensure the IIC complies with the physical plant requirements as described in OAR chapter 411, division 54 and OAR 411-055-0325. (c) The endorsement shall be identified on the service provider's license and operated as a separate and distinct facility. (2) ENDORSEMENT RENEWAL. Renewal for endorsement must be made using the RCF license renewal form, as required in OAR 411-054-0013(2), in addition to the IIC endorsement form at the time of the license renewal. (3) RELINQUISHMENT OF ENDORSEMENT. The licensee must notify the Department in writing at least 60 days prior to the voluntary relinquishment of the endorsement. For voluntary relinquishment, the service provider must: (a) Give all residents and their designated representatives 45-day notice. (b) Submit a transition plan to the Department that demonstrates how the current residents shall be evaluated and assessed to reside in a setting that is not endorsed or the plan to move individuals to another HCBS setting. For Medicaid eligible individuals, the plan must include working with the affected individuals' case manager. (c) Change service plans as appropriate to address any needs the residents may have with the transition. (d) Notify the Department when the relinquishment process has been completed. (4) REVOCATION OF ENDORSEMENT. The Department may issue a notice of revocation of endorsement upon finding there is substantial failure to comply with these rules such that the health, safety, or welfare of residents is jeopardized. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-055-0320 Service Provider Requirements The service provider shall be a Residential Care Facility that must: (1) Have a history of an unencumbered license from the Department and meet the requirements of OAR 411-054-0016. (2) Meet all Home and Community-Based Service requirements set forth under OAR chapter 411, division 4. (3) Meet the staffing requirements described in OAR 411-055-0330. (4) Comply with all the rules in OAR chapter 411, division 54. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-055-0325 Standards for Secure Settings (1) A service provider must have Department-approved policies and procedures to ensure that individuals who are determined by their IDT to need a secure setting to retain maximum independence and protection of their rights. (2) A service provider must comply with the following standards concerning exit doors: (a) Locking devices used on exit doors, as approved by the Building Codes Agency and Fire Marshal having jurisdiction over the IIC, must be electronic and release when any of the following occurs: (A) Upon activation of the fire alarm or sprinkler system. (B) Power failure to the facility. (C) By activating a key button or key pad located at exits for use by staff for services. (b) IICs may not have entrance and exit doors that are closed with non-electronic keyed locks. A door with a keyed lock may not be placed between a resident and the exit. (3) The issues creating the need for the IIC services must be addressed in the individual's Behavior Support Plan. (4) Individuals who are determined to need supervision while in the community must have an individual service plan that includes desired community events with required supervision. (5) The individual's need for this restriction must be reviewed by the IDT every month. The review must include discussion with the individual and include a review of the Individually Based Limitation as described in OAR 411-004-0040. (6) Providers of HCBS must meet all of the requirements set forth under OAR chapter 411, division 4. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-055-0330 Staffing Requirements (1) The service provider must have sufficient qualified staff to meet the specialized needs of the service group and the number of residents being served. (2) Service provider must have qualified awake direct care staff unless specified by the Department through contractual requirements, sufficient in number to meet the 24-hour scheduled and unscheduled needs of each resident. (a) At least two direct care staff must be present 24 hours a day, seven days a week who have participated in individual specific training or coaching necessary to implement individual behavior support, activity, and crisis plans. (b) All direct care staff must have received Department-approved training in Safeguarding Intervention procedures. (3) All direct care staff must meet all training requirements as described in OAR 411-055-0335 and have completed the approved curriculum trainings described in OAR 411-055-0340 and OAR 411-054-0070. (4) The service provider must have a qualified Behavior Coordinator on staff or on contract. The Behavior Coordinator must: (a) Meet the qualifications noted in OAR 411-046-0180. (b) Make observations, gather information, and establish a data collection process with timeframes to evaluate specific safeguarding interventions and desired behavior outcomes of both direct care staff and the individual. (A) Data collection should focus on the individual's and direct care staff persons' acquisition of positive skills, and subsequent decrease in the individual's incidents of challenging behaviors. (B) Data must be documented in the resident record and shared with the IDT at the next review meeting. (c) The time spent by the Behavior Coordinator must be sufficient to meet the specialized needs of the service group and the number of residents being served and to ensure that unexpected issues are addressed timely. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-055-0335 Direct Care Staff Qualifications (1) In addition to specific requirements contained in OAR 411-054-0070, the service provider must have a training program that has a method to determine performance capability through a demonstration and evaluation process. (2) The service provider: (a) Must ensure that all direct care staff meet the background check requirements in OAR 411-054-0025(2). (b) Must be able to respond appropriately to any emergency situation at any time with appropriate staffing. (c) And all staff, including direct care staff, must not be listed on the Office of Inspector General's or General Service Administration's Exclusion Lists. (d) Is responsible for the supervision, training, and overall conduct of staff. This duty includes ensuring that direct care staff have demonstrated satisfactory performance in any duty they are assigned and have completed all training required in 411-054-0070. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-055-0340 Staff Training and Annual In-Service Training (1) Staff serving individuals in the IIC program must complete a Department-approved IIC curriculum training to address the mental, emotional and behavioral needs of the residents. (2) If the direct care staff duties include preparing food, they must have a food handler's certificate as described in OAR chapter 411, division 54. (3) All direct care staff must have current CPR and First Aid certification. (a) Accepted CPR and First Aid courses must be provided or endorsed by the American Heart Association, the American Red Cross, the American Safety and Health Institute, or MEDIC First Aid. (b) CPR or First Aid courses conducted online are only accepted by the Department when an in-person skills competency check is conducted by a qualified instructor endorsed by the American Heart Association, the American Red Cross, the American Safety and Health Institute, or MEDIC First Aid. (4) All continuing education and training hours for direct care staff must be in addition to any hours required by the applicable licensing rules described in OAR chapter 411, division 54. In addition to all other training, every direct care staff must complete an annual in-service training of six hours of dementia care training as specified in OAR 411-054-0070. (5) Requests for documentation verifying direct care staff participation in dementia pre-service and in-service training must be provided to the Department upon request. (6) Behavior Coordinators are expected to receive, on an annual basis: (a) A minimum of 12 hours of Department-approved continuing education in Positive Behavior Support; and (b) A minimum of eight hours of training or training as needed to maintain certification to oversee or teach Department-approved Intensive Intervention Service procedures. (7) Direct Care staff are expected to receive a minimum of four hours of continuing education necessary to provide services under these rules on an annual basis in addition to training required by licensure. (8) Administrators, Behavior Coordinators, LMPs, RNs, and any other personnel who have direct contact with the resident must receive training on the Department-approved Safeguarding Intervention procedures. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-055-0345 Documentation Requirements (1) Compliance with documentation standards in these rules, and completion of mandatory Department forms, is intended to ensure communication between case managers, service providers, and the Department. (2) The documentation requirements in these rules do not replace or substitute for the documentation requirements in the: (a) Licensing or Medicaid Program rules governing the home and community-based care provider, as applicable. (b) Home and Community-Based Services and Settings and Person-Centered Service Planning Rules under OAR chapter 411, division 4. (3) Any documents, plans, or forms that are reviewed or approved by the IDT, must be maintained per OAR chapter 411, division 54 and documented as described in these rules. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019