justicedao/ipfs_state_laws huggingface dataset:
333-071-0420 Personnel (1) A special inpatient care facility (SICF) shall: (a) Maintain a workforce of qualified and trained personnel capable of meeting the service demands of the SICF, and equipment to provide effective patient care and all other related services; (b) Have written personnel policies and procedures that are available to personnel; (c) Provide orientation for new employees; (d) Have an annual continuing education plan; (e) Have a job description for each position which delineates the qualifications, duties, authority and responsibilities inherent in each position; (f) Provide an annual work performance evaluation for each employee with appropriate records maintained; and (g) Have an employee health screening program for the purpose of protecting patients and employees from communicable diseases, including but not limited to requiring tuberculosis testing for employees in accordance with OAR 333-071-0450. (2) In addition to the requirements specified in section (1) of this rule, an SICF classified as a rehabilitation hospital shall: (a) Have a medical director with training or experience in rehabilitation who provides services in the facility for a minimum of 20 hours per week; (b) Maintain a workforce of qualified physical therapists, occupational therapists, speech-language pathologists or audiologists based on the rehabilitative services offered capable of meeting service demands; (c) Maintain a workforce of qualified personnel available when needed to evaluate each patient, initiate a plan of treatment and supervise supportive personnel when furnishing rehabilitation services. The number of qualified personnel is based on the type of patients treated and the frequency, duration and complexity of the treatment ordered; and (d) An individual that directs the rehabilitation services offered that has the necessary knowledge, experience and capabilities to properly supervise and administer the services. (3) In addition to the requirements specified in section (1) of this rule, an SICF classified as a freestanding hospice facility shall notify all personnel about the availability of personnel safety training provided in accordance with OAR 333-071-0423 and document notification in personnel records. (4) An SICF shall restrict the work of employees with restrictable diseases in accordance with OAR 333-019-0010. (5) The actions taken by an SICF under this rule shall be fully documented for each employee. Statutory/Other Authority: ORS 441.025, ORS 431.110, ORS 433.004 & ORS 433.332 Statutes/Other Implemented: ORS 441.025, ORS 433.004, ORS 433.329 & ORS 443.195 History: PH 16-2026, amend filed 01/29/2026, effective 02/01/2026 PH 48-2020, minor correction filed 05/08/2020, effective 05/08/2020 PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0057, filed 12/19/2018, effective 12/19/2018 OHD 6-1999, f. & cert. ef. 10-22-99 HD 5-1989, f. 7-14-89, cert. ef. 8-1-89
333-071-0440 Quality Assessment and Performance Improvement The governing body of an SICF must ensure that there is an effective, written, facility-wide quality assessment and performance improvement program to evaluate and monitor the quality and appropriateness of patient care. (1) All organized services related to patient care, including services furnished by a contractor must be evaluated. (2) Written documentation of quality assurance activities shall be recorded at least quarterly. (3) Health care acquired infections, medication therapy, and blood and blood product transfusions must be evaluated. (4) All medical services performed in the facility must be evaluated as they relate to appropriateness of diagnosis and treatment. (5) The facility must have an ongoing plan, consistent with available community and facility resources, to provide and make available social work, psychological, and educational services to meet the medically-related needs of its patients. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0065, filed 12/19/2018, effective 12/19/2018 HD 5-1989, f. 7-14-89, cert. ef. 8-1-89 HD 11-1988, f. & cert. ef. 5-27-88 HD 17-1987(Temp), f. 10-13-87, ef. 10-15-87 thru 4-15-88
333-071-0480 Nursing Care Management (1) The nursing care of each patient in a health care facility shall be the responsibility of a registered nurse (RN). (2) The RN will only provide services to the patients for which she or he is educationally and experientially prepared and for which competency has been maintained. (3) The RN shall be responsible and accountable for managing the nursing care of her or his assigned patients. She or he shall only assign the nursing care of each patient to other nursing personnel in accordance with the patient’s needs and the specialized qualifications and competence of the nursing staff available. The responsible RN shall ensure that the following activities are completed: (a) Document the admission assessment of the patient within four hours following admission and initiate a written plan of care. This shall be reviewed and updated whenever the patient’s status changes. (b) Develop and document, within eight hours following admission, a plan of care for nursing services for the patient, based on the patient assessment and realistic, understandable, achievable patient goals consistent with the applicable rules in OAR chapter 851, division 45. (c) Observe and report to the nurse manager and the patient's physician or other health care provider authorized by law, when appropriate, any significant changes in the patient's condition that warrant interventions that have not been previously prescribed or planned for. (d) When the RN questions the efficacy, need or safety of continuation of medications being administered to a patient, the RN shall report that question to the physician or other responsible health care provider authorized by law authorizing the medication and shall seek further instructions concerning the continuation of the medication. (4)(a) An SICF shall maintain documentation of certification of certified nursing assistants (CNA's), which shall be available on request to Authority personnel. (b) A nursing assistant who works in an SICF must be certified prior to assuming nursing assistant duties in accordance with OAR chapter 851, division 62. (c) An SICF shall maintain documentation that CNAs, whose function includes administration of non-injectable medications, are qualified. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0075, filed 12/19/2018, effective 12/19/2018 OHD 6-1999, f. & cert. ef. 10-22-99 HD 5-1989, f. 7-14-89, cert. ef. 8-1-89 HD 11-1988, f. & cert. ef. 5-27-88
333-071-0485 Nursing Services (1) An SICF shall provide a nursing service department which provides 24-hour onsite registered nursing care, seven days per week. (2) The nursing services department shall be under the direction of a nurse executive who is a registered nurse, licensed to practice in Oregon. (3) All nursing personnel shall maintain current certification in cardiopulmonary resuscitation. (4) An SICF shall comply with hospital nurse staffing regulations in accordance with OAR chapter 333, division 510 and ORS 441.151 through 441.192. Statutory/Other Authority: ORS 441.025 & ORS 413.042 Statutes/Other Implemented: ORS 441.025 & 441.151 - 441.192 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0080, filed 12/19/2018, effective 12/19/2018 OHD 6-1999, f. & cert. ef. 10-22-99 HD 5-1989, f. 7-14-89, cert. ef. 8-1-89 HD 11-1988, f. & cert. ef. 5-27-88 HD 17-1987(Temp), f. 10-13-87, ef. 10-15-87 thru 4-15-88
333-071-0490 Nurse Executive (1) The nurse executive position shall be full-time (40 hours per week). Time spent in professional association workshops, seminars and continuing education may be counted as his or her duties in considering whether or not he or she is full-time. (2) The nurse executive shall: (a) Have had progressive responsibility in managing in a health care setting. The nurse executive shall be a registered nurse licensed in Oregon. In addition, the nurse executive must have a baccalaureate degree or other advanced degree, or appropriate equivalent experience, with emphasis in management preferred. (b) Have written administrative authority, responsibility and accountability for assuring functions and activities of the nursing services department and shall participate in the development of any policies that affect the nursing services department. This includes budget formation, implementation and evaluation. The nurse executive shall ensure the: (A) Development and maintenance of a nursing service philosophy, objective, standards of practice, policy and procedure manuals and job descriptions for each level of nursing service personnel; (B) Development and maintenance of personnel policies of recruitment, orientation, in-service education, supervision, evaluation and termination of nursing service staff or ensure it is done by another department; (C) Development and maintenance of policies and procedures for determination of nursing staff's capacity for providing nursing care for any patient seeking admission to the facility; (D) Development and maintenance of a quality assurance program for nursing service; (E) Coordination of nursing service departmental function and activities with the function and activities of other departments; and (F) Ensure participation with the administrator and other department directors in development and maintenance of practices and procedures that promote infection control, fire safety and hazard reduction. (3) Whenever the nurse executive is not available in person or by phone, she or he shall designate in writing a specific registered nurse or nurses, licensed to practice in Oregon, to be available in person or by phone to direct the functions and activities of the nursing services department. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0077, filed 12/19/2018, effective 12/19/2018 OHD 6-1999, f. & cert. ef. 10-22-99 HD 5-1989, f. 7-14-89, cert. ef. 8-1-89
333-071-0510 Dietary Services (1) An SICF, regardless of classification, shall: (a) Have an organized dietary department, directed by qualified personnel that conforms to the requirements in the Oregon Food Sanitation Rules, OAR 333-150-0000; (b) Employ supportive personnel competent to carry out the functions of the dietary service; (c) Provide dietetic services to patients in accordance with a written order by the responsible physician, or other health care practitioner authorized within the scope of his or her professional license, and record appropriate dietetic information in the patient's medical record including the following: (A) Timely and periodic assessments of the patient's nutrient intake and tolerance to the prescribed diet modification, including the effect of the patient's appetite and food habits on food intake; (B) A description of the diet instructions given to the patient or family and assessment of their diet knowledge; (C) A description or copy of the diet information forwarded to another institution upon patient discharge; and (D) Nutritional care follow-up with the patient’s health care practitioner or a health care agency. (d) Regularly review and evaluate the quality and appropriateness of nutritional care provided by the dietetic service including the nutritional adequacy of all menus. (e) Serve food that has an appetizing appearance, is palatable, is served at proper temperature and is cooked and served in such a way as to retain the nutrient value of food. (f) Restrict admittance to the kitchen area to those who must enter to perform assigned duties. (g) Develop written procedures for cleaning equipment and work areas and enforce those procedures. (2) Services of a consulting dietician shall be obtained. (3) Arrangements may be made for outside services. All food services shall meet the requirements of OAR 333-150-0000, the Oregon Food Sanitation Rules. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0085, filed 12/19/2018, effective 12/19/2018 HD 11-1988, f. & cert. ef. 5-27-88 HD 17-1987(Temp), f. 10-13-87, ef. 10-15-87 thru 4-15-88
333-071-0520 Laboratory Services The facility shall provide or shall have a written contract with a licensed clinical laboratory under ORS chapter 438 and OAR chapter 333, division 24, or its equivalent. A list of available tests and procedures shall be maintained. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0090, filed 12/19/2018, effective 12/19/2018 HD 11-1988, f. & cert. ef. 5-27-88 HD 17-1987(Temp), f. 10-13-87, ef. 10-15-87 thru 4-15-88
333-071-0530 Pharmacy Services (1) An SICF is subject to ORS chapter 689 and all the rules thereunder as applicable. (2) Pharmacy services shall be in accordance with ORS chapter 689 and OAR 855-041-5005 through 855-041-6840. (3) Provision shall be made for convenient and prompt 24-hour distribution of drugs to patients. This may be from a medicine preparation room or unit, a self-contained medicine dispensing unit, or by another approved system meeting the rules of the Oregon Board of Pharmacy. (a) If used, a medicine preparation room or unit shall be under the nursing staff's visual control and contain a work counter, refrigerator and locked storage for biologicals and drugs. (b) A medicine dispensing unit may be located at the nurses' station, in the clean workroom, or in an alcove or other space under direct control of nursing or pharmacy staff. (4) An SICF shall dispose of old medications, including special prescriptions for patients who have left the facility, by incineration or other equally effective method, except narcotics and other drugs under the drug abuse law, which shall be handled in the manner prescribed by the Drug Enforcement Administration of the United State Department of Justice. (5) Drugs shall not be supplied or given to either inpatients or outpatients, unless ordered by a physician or individual authorized within the scope of his or her professional license to prescribe drugs. Such order shall be in writing over the physician's or other authorized individual's signature or authentication. (6) If an SICF having a drug room and no pharmacy, the drug room must be supervised by a licensed pharmacist who provides his or her services with sufficient professionalism, quality and availability to adequately protect the safety of the patients and to properly serve the needs of the facility, pursuant to OAR 855-041-6800. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0110, filed 12/19/2018, effective 12/19/2018 HD 11-1988, f. & cert. ef. 5-27-88 HD 17-1987(Temp), f. 10-13-87, ef. 10-15-87 thru 4-15-88
333-071-0535 Radiology Services An SICF, regardless of classification shall have on-site or contract radiology services that: (1) Comply with ORS chapter 453 and rules adopted thereunder; (2) Support the SICF’s medical and other services; and (3) Are available on a timely basis. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0550 Sanitary Precautions (1) Provisions shall be made for the proper cleaning of linen and other washable goods and proper disposal of all refuse. (2) All garbage and refuse shall be stored and disposed of in a manner that will not create a nuisance or a public health hazard. Infectious waste shall be stored and disposed of in accordance with OAR chapter 333, division 56. (3) Measures shall be taken to prevent the entry of rodents, flies, mosquitoes, and other insects. Adequate measures shall include but are not limited to preventing their entry through doors, windows, or other outside opening. (4) The walls and floors shall be of a durable and cleanable composition necessary to maintain a sanitary environment appropriate to the use of the area. The building shall be kept clean and in good repair. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0120, filed 12/19/2018, effective 12/19/2018 HD 11-1988, f. & cert. ef. 5-27-88 HD 17-1987(Temp), f. 10-13-87, ef. 10-15-87 thru 4-15-88
333-071-0560 Safety and Emergency Preparedness (1) An SICF shall: (a) Have a physical plant and overall facility environment that is developed and maintained in such a manner that the safety and well-being of patients are provided for. (b) Have telephone or another communication method to summon help in case of fire or other emergency. (c) Comply with ORS chapter 479, its implementing rules, and all other requirements of the State Fire Marshal. (d) Have emergency power facilities that are tested monthly and are in readiness at all times for use in all areas required in the 2012 NFPA 99 and the Oregon Electrical Specialty Code. (2) An SICF shall develop and maintain a comprehensive emergency preparedness program based on classification: (a) A freestanding hospice facility shall comply with 42 CFR 418.113; (b) A rehabilitation hospital shall comply with 42 CFR 482.15; (c) A religious institution shall comply with 42 CFR 403.748; (d) A substance use disorder treatment facility shall comply with 42 CFR 482.15. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0125, filed 12/19/2018, effective 12/19/2018 PH 13-2008, f. & cert. ef. 8-15-08 HD 5-1989, f. 7-14-89, cert. ef. 8-1-89 HD 11-1988, f. & cert. ef. 5-27-88 HD 17-1987(Temp), f. 10-13-87, ef. 10-15-87 thru 4-15-88
333-071-0570 Smoking Prohibition (1) The administrator or person in charge of the SICF may not permit a person to smoke tobacco in the facility or within 10 feet of a doorway, open window or ventilation intake of the SICF. (2) An SICF shall comply with ORS 433.835 through 433.875 and its implementing rules, OAR chapter 333, division 15. Statutory/Other Authority: ORS 441.815 Statutes/Other Implemented: ORS 441.815 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-072-0200 Purpose The purpose of these rules is to establish notice requirements for patient choice and financial interest as required in ORS 441.098 when health practitioners refer patients for diagnostic testing or health care treatment or services. Statutory/Other Authority: ORS 441.098 Statutes/Other Implemented: ORS 441.098 History: PH 15-2014, f. & cert. ef. 6-2-14
333-072-0205 Applicability These rules do not apply to a referral for a diagnostic test or health care treatment or service: (1) When a patient is receiving inpatient hospital services or emergency department services if the referral is for a diagnostic test or health care treatment or service to be provided while the patient is in the hospital or emergency department. (2) When a referral is made to a particular facility after the initial referral of the patient to that facility, when notice was provided at the initial referral in accordance with these rules. (3) When a patient has been directed or transferred to a facility for emergency department services. (4) When a patient is being directed back to the referring practitioner by the practitioner or facility who received the referral. Statutory/Other Authority: ORS 441.098 Statutes/Other Implemented: ORS 441.098 History: PH 15-2014, f. & cert. ef. 6-2-14
333-072-0210 Definitions As used in OAR 333-072-0200 through 333-072-0225 the following definitions apply: (1) "Certified nurse midwife" means a registered nurse licensed by the Oregon State Board of Nursing as a nurse practitioner specializing in nurse midwifery. (2) "Emergency department services" means services provided in the part of a licensed hospital facility open 24 hours a day to provide acute care treatment and services for a wide range of illnesses and injuries. (3) "Facility" means a hospital, outpatient clinic owned by a hospital, ambulatory surgical center, freestanding birthing center as defined in ORS 442.015, or a facility that receives Medicare reimbursement as an independent diagnostic testing facility. (4) "Financial interest" means the direct or indirect ownership interest of five percent or more held by a health practitioner or the practitioner’s immediate family member. (5)(a) "Health practitioner" means a physician, podiatric physician and surgeon, naturopathic physician licensed under ORS chapter 685, dentist, direct entry midwife, licensed nurse practitioner, certified nurse midwife, licensed physician associate or medical imaging licensee under ORS 688.405 to 688.605. (b) "Health practitioner" does not include a provider in health maintenance organizations as that term is defined in ORS 750.005. (6) "Immediate family member" means a health practitioner’s spouse, domestic partner, child, stepchild, mother, father or sibling. (7) "Inpatient hospital services" means all medical and nursing services provided to persons who require 24-hour supervision because of acute or chronic medical or psychiatric illness. (8) "Outpatient clinic owned by a hospital" means a satellite or mobile satellite indorsed under a hospital’s license under OAR 333-500-0025. (9) "Physician" has the meaning given that term in ORS 677.010. (10) "Referral" means the direction of a patient to a facility for a diagnostic test or health care treatment or service. (11) "These rules" means OAR 333-072-0200 through 333-072-0225. Statutory/Other Authority: ORS 441.098 Statutes/Other Implemented: ORS 441.098 History: PH 50-2024, minor correction filed 06/06/2024, effective 06/06/2024 PH 14-2020, amend filed 03/24/2020, effective 03/24/2020 PH 13-2017, amend filed 10/25/2017, effective 01/01/2018 PH 15-2014, f. & cert. ef. 6-2-14