411-068-0000 Definitions Relating to Room and Board Facilities (1) "Abuse" means "abuse" as defined in OAR 411-020-0002 (Adult Protective Services). (a) PHYSICAL ABUSE. (A) Physical abuse includes: (i) The use of physical force that may result in bodily injury, physical pain, or impairment; or (ii) Any physical injury to an adult caused by other than accidental means. (B) For purposes of these rules, conduct that may be considered physical abuse includes, but is not limited to: (i) Acts of violence, such as, striking (with or without an object), hitting, beating, punching, shoving, shaking, kicking, pinching, choking, or burning; or (ii) The use of force-feeding or physical punishment. (C) Physical abuse is presumed to cause physical injury, including pain, to adults in a coma or adults otherwise incapable of expressing injury or pain. (b) NEGLECT. (A) For the purposes of these rules, neglect means the active or passive failure to provide the basic care or services necessary to maintain the health and safety of an adult, when that failure: (i) Results in physical harm, significant emotional harm, unreasonable discomfort, or serious loss of personal dignity to the adult; or (ii) Creates the risk of serious harm to the adult. (B) The expectation for care may exist because of an assumed responsibility or a legal or contractual agreement, including, but not limited to, where an individual has a fiduciary responsibility to assure the continuation of necessary care or services. (C) An adult, who in good faith, is voluntarily under treatment solely by spiritual means in accordance with the tenets and practices of a recognized church or religious denomination shall, for this reason alone, not be considered subjected to abuse by reason of neglect as defined in these rules. (c) ABANDONMENT. Abandonment includes desertion or willful forsaking of an adult for any period of time by an individual who has assumed responsibility for providing care, when that desertion or forsaking results in harm or places the adult at risk of serious harm. (d) VERBAL OR EMOTIONAL ABUSE. (A) Verbal or emotional abuse includes threatening significant physical harm, or threatening or causing significant emotional harm to an adult using: (i) Derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule; or (ii) Harassment, coercion, threats, intimidation, humiliation, mental cruelty, or inappropriate sexual comments. (B) For the purposes of these rules: (i) Conduct that may be considered verbal or emotional abuse includes, but is not limited to, the use of oral, written, or gestured communication that is directed to an adult or within their hearing distance, regardless of their ability to comprehend. (ii) The emotional harm that may result from verbal or emotional abuse includes, but is not limited to, anguish, distress, fear, unreasonable emotional discomfort, loss of personal dignity, or loss of autonomy. (e) FINANCIAL EXPLOITATION. Financial exploitation including: (A) Wrongfully taking, by means including, but not limited to, deceit, trickery, subterfuge, coercion, harassment, duress, fraud, or undue influence, the assets, funds, property, or medications belonging to or intended for the use of an adult; (B) Alarming an adult by conveying a threat to wrongfully take or appropriate money or property of the adult if the adult reasonably believes the threat conveyed maybe carried out; (C) Misappropriating or misusing any money from any account held jointly or singly by an adult; (D) Failing to use income or assets of an adult for the benefit, support, and maintenance of the adult; or (E) The taking, borrowing, or accepting of assets, funds, property, or medications from an adult residing in a facility by an employee of the facility, unless the adult and employee are related, and the action described in this paragraph does not constitute a wrongful taking as described in paragraph (A). (f) SEXUAL ABUSE. Sexual abuse including: (A) Sexual contact with a non-consenting adult or with an adult considered incapable of consenting to a sexual act. Consent, for purposes of this definition, means a voluntary agreement or concurrence of wills. Mere failure to object does not, in and of itself, constitute an expression of consent; (B) Verbal or physical harassment of a sexual nature, including, but not limited to severe, threatening, pervasive, or inappropriate exposure of an adult to sexually explicit material or language; (C) Sexual exploitation of an adult; (D) Any sexual contact between an employee of a facility and an adult residing in the facility unless the two are spouses or domestic partners; (E) Any sexual contact that is achieved through force, trickery, threat, or coercion; or (F) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465, 163.467, or 163.525 except for incest due to marriage alone. (g) INVOLUNTARY SECLUSION. Involuntary seclusion of an adult for the convenience of a caregiver or to discipline the adult. (A) Involuntary seclusion may include: (i) Confinement or restriction of an adult to their room or a specific area; or (ii) Placing restrictions on an adult's ability to associate, interact, or communicate with other individuals. (B) In a facility, emergency or short-term monitored separation from other residents may be permitted if used for a limited period of time when: (i) Used as part of the care plan after other interventions have been attempted; (ii) Used as a de-escalating intervention until the facility evaluates the behavior and develops care plan interventions to meet the resident’s needs; or (iii) The resident needs to be secluded from certain areas of the facility when their presence in the specified areas poses a risk to health or safety. (h) WRONGFUL USE OF A PHYSICAL OR CHEMICAL RESTRAINT OF AN ADULT. (A) A wrongful use of a physical or chemical restraint includes situations where: (i) A licensed health professional has not conducted a thorough assessment before implementing a licensed physician’s prescription for restraint; (ii) Less restrictive alternatives have not been evaluated before the use of the restraint; or (iii) The restraint is used for convenience or discipline. (B) Physical restraints may be permitted if used 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) "Administration of Medication" means the act of placing a medication in, or on, a tenant's body. (3) "Aid to Physical Functioning" means any special equipment utilized by the tenant such as a hearing aid, cane, walker, etc., which maintains or enhances the tenant's physical functioning. (4) "Applicant" means an individual, partnership, corporation, or other entity who completes an application to own or operate a Room and Board Facility. (5) "Application for Registration" means an application form (APD 0926) provided by the Department to register room and board facilities. (6) "Assistance with Activities of Daily Living" means those personal functional activities required by an individual for continued well-being including, but not limited to the following; (a) Bathing and personal hygiene; (b) Dressing and grooming; (c) Eating; (d) Mobility; (e) Bowel and bladder management; and (f) Cognition. (7) "Background Check" means a criminal record check and abuse check as defined in OAR 407-007-0210. An approved "Background Check" means a final determination, made by an authorized agency or district that the subject individual is fit to: (a) Hold a position, paid or unpaid; (b) Obtain or retain credentials; (c) Have direct access to; or (d) Otherwise provide services necessary for the health, welfare, maintenance or protection of an individual. (8) "Background Check Rules" means the rules in OAR 407-007-0200 to 407-007-0370. (9) "Care" means the performance of certain tasks by an individual for the benefit of a tenant including supervision, protection, assistance with activities of daily living, administration of medication, nursing assistance, and management of money or other financial resources. (10) "Certificate of Registration (Registration)" means a certificate issued by the Department to applicants who have completed an application for registration and meet all applicable requirements of ORS 443.480 to 443.500 and these rules. (11) "Compensation" means payments or services provided by or on behalf of a person in exchange for other services provided by another person. (12) "Complaint" means an allegation of abuse, a violation of these rules, or an expression of dissatisfaction relating to a tenant or the condition of a Room and Board facility. (13) " Department " means the Aging and People with Disabilities program within the Oregon Department of Human Services. (14) "Facility" means a room and board facility unless the specific context indicates otherwise. (15) "House Rules" means written and posted procedures and standards for the daily operation of a room and board facility and include any restrictions or limitations on the use of the facility by tenants. (16) "Living Accommodations" means tenant facilities including a place to sleep and common living areas. (17) "Meals" means the provision of food by the operator or other employee for the consumption by tenants one or more times per day. (18) "Operator" means an individual, partnership, corporation, or other entity who owns or operates a room and board facility. (19) "Privately Arranged Housing" means the voluntary sharing of living accommodations and common expenses between two or more adults in a residence or apartment that does not offer such accommodations to the general public. (20) “Resident” is synonymous with “Tenant” as defined in this rule. (21) "Residency Agreement" means an agreement or contract entered into by a tenant and the operator which specifies the terms and conditions of residency in the facility. The Residency Agreement identifies the policies of the home, services to be provided, and the rights and responsibilities of the individual, and the operator. The Residency Agreement provides the individual protection from eviction substantially equivalent to landlord tenant laws. (22) "Retirement Facility" means a facility that: (a) Is exempt from the requirement for registration in OAR 411-068-0005; and (b) Meets all of the following criteria: (A) Offers to the general public for compensation individual dwelling units that include a private bathroom and a meal preparation and storage area; (B) Represents itself to the public as a retirement facility; and (C) A majority of the residents are 62 years of age or older. (23) "Rights" means civil, legal or human rights guaranteed by Federal and State law and afforded to all persons. (24) "Room and Board Facility (RB)" means a facility that offers to the general public living accommodations and meals for compensation to two or more adults who are elderly or disabled, as defined in ORS 443.480, not related to the operator by blood or marriage. For the purposes of these rules, a registered RB facility does not include the following: (a) Any facility operated by an institution of higher education. (b) Any private RB facility approved by an institution of higher education which houses tenants, students or an employee of the institution. (c) Any private or nonprofit retirement facility which does not fall under the generally understood definition of an " RB facility," a "boarding house" or a "boarding hotel" and where a majority of the tenants are retirees; (d) Any privately arranged housing the occupants of which may not be related by blood or marriage; and (e) Any facility which is licensed or registered under any other law of this state or city or county ordinance or regulation. (25) "Self-administration of Medication" means the act of a resident placing a medication in, or on, his/her own body. (26) "Services" means living accommodations and meals provided by the operator and non-care related tasks such as housekeeping, laundry, transportation or recreation performed by an operator or employee for the benefit of tenants. (27) “Subject Individual (SI)” has the meaning as given in OAR 407-007-0210, and means any person 16 years of age or older, including: (a) Any registered operator and registration applicants; (b) All persons intending to work in, or currently working in an RB facility, including, but not limited to, tenant managers, including trainees, and licensed healthcare workers when employed by or contracted with the registrant or RB facility. (28) “Tenant” means a person who is receiving living accommodations and meals in an RB facility, for compensation who is elderly or disabled as defined in ORS 443.480, and who is not related to the operator by blood or marriage. (29) “Tenant Manager” means a person employed by the operator who resides at the facility and who is responsible for the day-to-day operation or management of the facility. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90