justicedao/ipfs_state_laws huggingface dataset:
853-030-0070 License Renewals (1) A license holder is subject to the provisions of OAR Chapter 331, Division 30 regarding the renewal of a license. (2) To avoid delinquency penalties, license must be renewed prior to the license becoming inactive. To renew, the license holder must: (a) Submit renewal application form; (b) Attest to having obtained required annual continuing education; and (c) Pay renewal fee. (3) A license may be inactive for up to three years. When renewing after entering inactive status, the license holder must: (a) Submit renewal application form; (b) Attest to having obtained required annual continuing education, whether license has been current or inactive; and (c) Pay delinquency and license fees. (4) A license that has been inactive for more than three years is expired; the license holder must reapply and meet the requirements listed in OAR 853-030-0000. (5) A license holder may not practice with an inactive or expired license. Statutory/Other Authority: 2018 House Bill 4129, ORS 676.560, ORS 676.565, ORS 678.710-678.820 & ORS 678.990 Statutes/Other Implemented: 2018 House Bill 4129, ORS 676.560, ORS 676.565, ORS 678.710-678.820 & ORS 678.990 History: LTCA 3-2020, minor correction filed 09/25/2020, effective 09/25/2020 LTCA 1-2019, amend filed 05/14/2019, effective 05/15/2019 NHAB 8-2018, minor correction filed 02/02/2018, effective 02/02/2018 NHAB 1-2011, f. 12-15-11, cert. ef. 1-1-12
853-035-0000 Residential Care Facility Administrator Application Requirements An individual applying for a license as a residential care facility administrator must: (1) Submit a completed application form, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees; (2) Submit proof of being at least 21 years old; (3) Submit documented evidence in a form deemed sufficient by the Office of: (a) A high school diploma or its equivalent; or (b) Passage of an approved high school equivalency test, including, but not limited to, the General Education Development (GED) test; or (c) Graduation from a post-secondary institution. (4) Submit proof of: (a) Being employed in a professional or managerial capacity in a field related to health or social service for at least two of the last five years; or (b) Having earned at least a bachelor’s degree in a health or social-service-related field; or (c) Having a combination of experience and education deemed sufficient by the Office. (5) Pass an Office background check by: (a) Submitting proof of an approved Oregon Department of Human Services (DHS) background check pursuant to OAR 407-007-0200 to 407-007-0370. This background check must: (A) Be for a professional or managerial position at a residential care facility, assisted living facility, skilled nursing facility, or nursing facility licensed by DHS; and (B) Include a national fingerprint-based criminal records check; and (C) Show a date of approval no more than 120 days prior to the licensure application date. (b) Pursuant to OAR 331-030-0004, submit a fingerprint-based national criminal background check and be determined fit to hold an authorization. When determining fitness, the Office shall consider the qualifications for employment under ORS 443.004. (6) Submit proof of having completed at least 40 hours of training pursuant to OAR 853-035-0010. (7) Submit proof of having passed the required exam listed in OAR 853-030-0050. (8) If applicable, submit an affidavit of licensure from any state where the individual holds or has held a license as a residential care facility administrator whether the license is active or inactive. (9) Submit application fees and license fees. Statutory/Other Authority: ORS 678.710-678.820, 2018 House Bill 4129 & ORS 678.990 Statutes/Other Implemented: ORS 678.710-678.820, 2018 House Bill 4129 & ORS 678.990 History: LTCA 2-2021, amend filed 09/07/2021, effective 09/15/2021 LTCA 1-2020, amend filed 01/28/2020, effective 02/01/2020 LTCA 1-2019, adopt filed 05/14/2019, effective 05/15/2019
853-035-0010 Residential Care Administrator Training Requirements For the Office to approve residential care facility administrator training, the content must be at least 40 hours long and include: (1) Leadership skills; (2) Building requirements; (3) Fire and life safety; (4) Quality improvement processes; (5) Human resources management; (6) Health services; (7) Role of the nurse and Oregon Nurse Delegation Act; (8) Person-centered care principles; (9) Memory care standards; (10) Compliance and governance; (a) Adult abuse protection and investigations (b) Oregon Revised Statutes and Oregon Administrative Rules Statutory/Other Authority: ORS 678.710-678.820, ORS 678.990 & 2018 House Bill 4129 Statutes/Other Implemented: ORS 678.710-678.820, ORS 678.990 & 2018 House Bill 4129 History: LTCA 1-2019, adopt filed 05/14/2019, effective 05/15/2019
853-040-0000 Fees (1) Applicants and registrants are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties and charges. (2) Fees established by the Office are: (a) Nursing home administrator or residential care facility administrator application: (A) License (including by reciprocity): $100 (B) Provisional license: $50 (C) AIT registration: $100 (D) Preceptor registration: $100 (b) Oregon laws and rules examination: $125 (c) Original issuance: (A) License (including by reciprocity): $130 for one year (B) Nursing home administrator provisional license: $50 for six months (C) Residential care facility administrator provisional license: $50 (d) Renewal of license: $130 for one year (e) Other administrative fees: (A) Delinquency fee: $50 for each year in inactive status up to three years (B) Replacement of license, including name change: $25 (C) Affidavit of licensure: $50 (D) Information Packet: $10 (E) An additional $25 administrative processing fee will be assessed if a NSF or non-negotiable instrument is received for payment of fees, penalties and charges. Statutory/Other Authority: ORS 676.560, ORS 676.565, ORS 678.710-678.820, ORS 678.990 & 2018 House Bill 4129 Statutes/Other Implemented: ORS 676.560, ORS 676.565, ORS 678.710-678.820, ORS 678.990 & 2018 House Bill 4129 History: LTCA 1-2019, amend filed 05/14/2019, effective 05/15/2019 NHAB 10-2018, minor correction filed 02/02/2018, effective 02/02/2018 NHAB 1-2011, f. 12-15-11, cert. ef. 1-1-12
853-050-0000 Continuing Education Requirements for Nursing Home Administrators (1) To maintain an authorization, nursing home administrators must complete a minimum of 10 hours of continuing education every authorization year. (2) Credit hours obtained in excess of those required for the one-year reporting period cannot be carried forward or used to reinstate an inactive authorization. (3) At least 1 hour of continuing education every other year must be in cultural competency coursework: (a) Approved by the Oregon Health Authority under ORS 413.450; or (b) That meets the skills requirements established by the Oregon Health Authority under ORS 413.450 by rule; (4) Section (3) does not apply to authorization holders who are: (a) Retired and not practicing the profession in any state; (b) Not practicing the profession in this state; or (c) Residing in this state, but not practicing in the profession in any state. (5) Except for the continuing education hours required under section (3), Continuing education for nursing home administrators must address subject matter related to at least one of these domains: (a) Resident and nursing care and quality of life, including person-centered care; (b) Human resources; (c) Finance; (d) Physical environment, including fire and life safety; (e) Compliance and governance including state and federal laws and standards; (f) Leadership and management as related to (a) through (e). (6) Each licensee shall document compliance with the continuing education requirement through attestation on the license renewal application. Licensees are subject to provisions of OAR 853-050-0010 pertaining to periodic audit of continuing education. (7) CEU credit will be awarded based on the following criteria: (a) Completion and passing of academic courses taken from an accredited college or university at the same rate of credit established by that institution; (b) Completion of professional courses which meet academic course requirements in content, instruction and evaluation will be assigned CEU credit at the same rate as academic courses. (c) Courses that do not meet standards as set forth in paragraphs (a) and (b) of this subsection, such as workshops, symposiums, seminars, laboratory exercises, or any applied experience with or without formal classroom work may receive credit at the rate of 1.0 CEU for each 10 hours of attendance. (8) Documentation supporting compliance with continuing education requirements must be maintained for a period of two years following renewal and must be available to the Office upon request. Statutory/Other Authority: ORS 676.560, ORS 676.565, ORS 678.710-678.820, ORS 678.990 & 2019 House Bill 2011 Statutes/Other Implemented: ORS 676.560, ORS 676.565, ORS 678.710-678.820, ORS 678.990 & 2019 House Bill 2011 History: LTCA 1-2022, amend filed 09/13/2022, effective 10/01/2022 LTCA 2-2020, amend filed 09/22/2020, effective 10/01/2020 LTCA 2-2019, amend filed 11/12/2019, effective 12/01/2019 NHAB 11-2018, minor correction filed 02/02/2018, effective 02/02/2018 NHAB 1-2011, f. 12-15-11, cert. ef. 1-1-12
853-050-0005 Continuing Education Requirements for Residential Care Administrators (1) To maintain an authorization, residential care facility administrators must complete a minimum of 20 hours of continuing education every authorization year. (2) Credit hours obtained in excess of those required for the one-year reporting period cannot be carried forward or used to reinstate an inactive authorization. (3) At least 1 hour of continuing education every other year must be in cultural competency coursework: (a) Approved by the Oregon Health Authority under ORS 413.450; or (b) That meets the skills requirements established by the Oregon Health Authority under ORS 413.450 by rule; (4) Section (3) does not apply to authorization holders who are: (a) Retired and not practicing the profession in any state; (b) Not practicing the profession in this state; or (c) Residing in this state, but not practicing in the profession in any state. (5) Continuing education for residential care administrators must address subject matter related to the following domains: (a) Leadership skills; (b) Building requirements; (c) Fire and life safety; (d) Quality improvement processes; (e) Human resources management; (f) Health services; (g) Role of the nurse and Oregon Nurse Delegation Act; (h) Person-centered care principles; (i) Memory care standards; (j) Compliance and governance; (k) Adult abuse protection and investigations; (l) Oregon Revised Statutes and Oregon Administrative Rules. (6) Documentation supporting compliance with continuing education requirements must be maintained for a period of two years following renewal and must be available to the Office upon request. Statutory/Other Authority: ORS 678.000-678.820, ORS 678.990, 2018 House Bill 4129 & 2019 House Bill 2011 Statutes/Other Implemented: ORS 678.000-678.820, ORS 678.990, 2018 House Bill 4129 & 2019 House Bill 2011 History: LTCA 1-2022, amend filed 09/13/2022, effective 10/01/2022 LTCA 2-2020, amend filed 09/22/2020, effective 10/01/2020 LTCA 2-2019, adopt filed 11/12/2019, effective 12/01/2019
853-050-0010 Continuing Education: Audit, Required Documentation and Sanctions (1) The Office will audit a percentage of authorization holders to verify compliance with continuing education requirements. (2) Authorization holders notified of selection for audit of continuing education attestation shall submit to the Office, within 30 calendar days from the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 853-050-0000. (3) If selected for audit, the authorization holder must provide documentation of the required continuing education, which must include: (a) For courses provided by an accredited college or university: An official transcript from the accredited college or university; (b) For NAB approved programs or courses: A certificate of completion that includes the NAB approval number; or (c) For Office pre-approved programs or courses: A certificate of completion or other Office approved documentation that includes the Office pre-approval number. (4) If documentation of continuing education is incomplete, the registrant has 30 calendar days from the date of notice to submit further documentation to substantiate having completed the required continuing education. (5) Failure to meet continuing education requirements shall constitute grounds for disciplinary action, which may include but is not limited to assessment of a civil penalty and suspension or revocation of the license. Statutory/Other Authority: ORS 676.560, ORS 676.565, ORS 678.710-678.820, ORS 678.990 & 2018 House Bill 4129 Statutes/Other Implemented: ORS 676.560, ORS 676.565, ORS 678.710-678.820, ORS 678.990 & 2018 House Bill 4129 History: LTCA 2-2019, amend filed 11/12/2019, effective 12/01/2019 NHAB 12-2018, minor correction filed 02/02/2018, effective 02/02/2018 NHAB 1-2011, f. 12-15-11, cert. ef. 1-1-12
853-060-0000 Standards of Practice and Professional Conduct Nursing home administrators and residential care facility administrators must: (1) Comply with federal, state and local laws and regulations concerning the operation of nursing homes registered pursuant to ORS 442.015 through 442.325, and residential care facilities, licensed and operated pursuant to ORS 443.400 through 443.455. (2) Report to the Office conduct as described in ORS 676.150, including their own. (3) Report to the Office within 10 days any felony arrest or conviction, and any misdemeanor conviction, pursuant to ORS 676.150(3). (4) Report to the Office any discipline received from any other state or federal governing entity, pursuant to ORS 676.612. (5) Understand that failure to comply with these standards constitutes unprofessional conduct, and a license holder engaging in such conduct may be subject to discipline under ORS 676.612. Statutory/Other Authority: ORS 676.560, ORS 676.565, ORS 678.710-678.820, ORS 678.990 & 2018 House Bill 4129 Statutes/Other Implemented: ORS 676.560, ORS 676.565, ORS 678.710-678.820, ORS 678.990 & 2018 House Bill 4129 History: LTCA 1-2019, amend filed 05/14/2019, effective 05/15/2019 NHAB 13-2018, minor correction filed 02/02/2018, effective 02/02/2018 NHAB 1-2011, f. 12-15-11, cert. ef. 1-1-12
855-006-0020 Unprofessional Conduct Defined "Unprofessional conduct" means conduct unbecoming of a licensee or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of pharmacy or conduct that endangers the health, safety or welfare of a patient or client. Unprofessional conduct includes but is not limited to: (a) Fraud or misrepresentation in dealings relating to pharmacy practice with: (A) Customers, patients or the public; (B) Practitioners authorized to prescribe drugs, medications or devices; (C) Insurance companies; (D) Wholesalers, manufactures or distributors of drugs, medications or devices; (E) Health care facilities; (F) Government agencies; or (G) Drug outlets. (b) Illegal use of drugs, medications or devices without a practitioner's prescription, or otherwise contrary to federal or state law or regulation; (c) Any use of intoxicants, drugs or controlled substances that endangers or could endanger the licensee or others; (d) Theft of drugs, medications or devices, or theft of any other property or services under circumstances which bear a demonstrable relationship to the practice of pharmacy; (e) Dispensing a drug, medication or device where the pharmacist knows or should know due to the apparent circumstances that the purported prescription is bogus or that the prescription is issued for other than a legitimate medical purpose, including circumstances such as: (A) Type of drug prescribed; (B) Amount prescribed; or (C) When prescribed out of context of dose. (f) Any act or practice relating to the practice of pharmacy that is prohibited by state or federal law or regulation; (g) The disclosure of confidential information in violation of Board rule; (h) Engaging in collaborative drug therapy management in violation of ORS Chapter 689 and the rules of the Board; (i) Authorizing or permitting any person to practice pharmacy in violation of the Oregon Pharmacy Act or the rules of the Board; (j) Any conduct or practice by a licensee or registrant which the Board determines is contrary to accepted standards of practice; or (k) Failure to cooperate with the Board pursuant to OAR 855-104-0005. Statutory/Other Authority: 689.205 Statutes/Other Implemented: ORS 689.005 and 689.155 History: BP 41-2024, minor correction filed 04/10/2024, effective 04/10/2024 BP 2-2016, f. 6-30-16, cert. ef. 7-1-16
855-007-0010 Declaration of Emergency (1) With the exception of OAR 855-007-0060(2)(a) and (b), 855-007-0080(2), 855-007-0080(8)(a) and (b), and 855-007-0120 that are always in effect, the rules in this Division are only effective when: (a) A State of Emergency or a Public Health Emergency has been declared by the Governor of Oregon under ORS 401.055 or 433.441 through 433.452; (b) The provisions of any relevant rules in chapter 855 Oregon Administrative Rules have been suspended by the Governor under the authority of ORS 401.065(2); (c) A signatory to the Pacific Northwest Emergency Management Arrangement (the states of Alaska, Idaho, Oregon, Washington, the Province of British Columbia, and Yukon) has requested assistance during a civil emergency as authorized in Chapter 25 Oregon Laws 2008; (d) A signatory to the Emergency Management Assistance Compact has requested assistance during a civil emergency as authorized in ORS 401.043; (e) The President of the United States or another federal official has declared a public health emergency; or (f) The Governor has authorized the Public Health Director to take the actions described in ORS 431.264. (2) When these rules are authorized by any one of the actions listed in (1)(a)–(f) they are in effect to the extent necessitated by the scope of the declaration, and control to the extent that they are in conflict with other divisions of OAR chapter 855. Statutory/Other Authority: ORS 401.043, 401.065, 433.441 & 689.205 Statutes/Other Implemented: 2008 OL Ch. 25, ORS 401.055 & 689.155 History: BP 4-2009, f. & cert. ef. 12-24-09 BP 3-2009(Temp), f. & cert. ef. 8-19-09 thru 2-15-10 BP 1-2009, f. & cert. ef. 6-22-09 BP 4-2008(Temp), f. 12-31-08, cert. ef. 1-5-09 thru 7-3-09
855-007-0020 Applicability (1) These rules apply to all persons licensed or registered with the Board under OAR chapter 855 and to any persons acting under the authority of Oregon State Public Health Division or any other state agency, or any local or county health department or emergency manager, during a Declared Emergency or a Public Health Emergency, or to any such person acting in preparation for a Public Health Emergency. (2) These rules may apply to the whole state of Oregon or only to a county or area included in the declared emergency. They also apply to the activities of any licensee or registrant who is working during a declared emergency in the state or territory of any of the signatories of Pacific Northwest Emergency Management Arrangement or the Emergency Management Assistance Compact. (3) These rules apply to the dispensing and administration of drugs and vaccines to any person within an area subject to an emergency declaration or to any person who has been displaced from their place of residence even if the place to which they have been displaced has not been included in the emergency declaration. (4) Insofar as neither the Governor of Oregon nor the Board has the authority to waive any provisions of Federal Law, nothing in these rules that conflicts with the Federal Controlled Substances Act (CSA) or the implementing regulations in 21 CFR, shall apply to federal controlled substances as listed in division 80 of this chapter of rules, unless an agency of the US Government has waived the appropriate section of the CSA or the implementing regulations in 21 CFR. Statutory/Other Authority: ORS 401.065, 433.441 & 689.205 Statutes/Other Implemented: 2008 OL Ch. 25 & ORS 689.155 History: BP 4-2009, f. & cert. ef. 12-24-09 BP 1-2009, f. & cert. ef. 6-22-09 BP 4-2008(Temp), f. 12-31-08, cert. ef. 1-5-09 thru 7-3-09
855-007-0030 Definitions (1) “Administer” has the meaning given that term in ORS 689.005. (2) “Community Partner” has the meaning given that term in OAR 855-007-0080. (3) “Dispense” has the meaning given that term in ORS 689.005. (4) “Distribute” has the meaning given that term in ORS 689.005. (5) “Drug” in this division of rules, the term “drug” means a drug or vaccine or medical device, or any combination of these terms. (6) “Emergency” has the meaning given that term in ORS 401.025. (7) “Emergency Management Assistance Compact” (EMAC) means the compact for mutual assistance that was ratified by Congress and signed by all states, and is codified in ORS 401.043. (8) “Emergency Prescription” means a record that is created in a pharmacy that records the dispensing of a refill of a drug, or a new or modified drug therapy to a patient in the absence of a valid prescription. (9) “Health-care provider” means an individual licensed, certified or otherwise authorized or permitted by the laws of this state or another state to administer health-care services within their scope of practice. (10) “Mobile Pharmacy” means a pharmacy that is located in a vehicle or a trailer. (11) “Oregon State Public Health Division” (OSPHD) means that division of the Oregon Department of Human Services (DHS) that is responsible for planning for and responding to a public health emergency. (12) “Pacific Northwest Emergency Management Arrangement” (PNEMA) means the compact, ratified in Chapter 25 Oregon Laws 2008, between the states of Alaska, Idaho, Oregon and Washington, and the Province of British Columbia, and Yukon, to provide mutual assistance in an emergency or public health emergency. (13) “Public Health Emergency” has the meaning given that term in ORS 433.442. (14) “Strategic National Stockpile” (SNS) means the US Government stockpile of antiviral drugs and other drugs and medical supplies that can be made available to a state in an emergency. (15) “Temporary Pharmacy” means a facility established under these rules to temporarily provide pharmacy services within or adjacent to an area subject to a State of Emergency. Statutory/Other Authority: ORS 401.065, 433.441 & 689.205 Statutes/Other Implemented: 2008 OL Ch. 25 & ORS 689.155 History: BP 4-2009, f. & cert. ef. 12-24-09 BP 1-2009, f. & cert. ef. 6-22-09 BP 4-2008(Temp), f. 12-31-08, cert. ef. 1-5-09 thru 7-3-09
855-007-0040 Delegation of Authority When these rules are in effect, any authority vested in the Board may be exercised by the Executive Director (ED), any person acting as Executive Director in the ED’s absence or incapacity, or any person the ED designates to make such decisions on the ED’s behalf. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.165 History: BP 4-2009, f. & cert. ef. 12-24-09 BP 1-2009, f. & cert. ef. 6-22-09 BP 4-2008(Temp), f. 12-31-08, cert. ef. 1-5-09 thru 7-3-09