309-045-0430 Temporary rule language in effect until 04/06/2026. Administrator Qualifications and Requirements (1) The administrator must have at least two years of professional or management experience in health sciences or behavioral health. (2) Unless completed by the licensee, the administrator must ensure the Agency with Choice has qualified and trained employees sufficient in number to meet the needs of individuals receiving services 365 days per year, including holidays. (3) The administrator may assign, in writing, a designee to act as the administrator when the administrator is temporarily unavailable. The designee must satisfy all the qualifications of an administrator described in these rules. (4) The administrator or administrator's designee must be accessible and available during all hours in which services are being provided to individuals. (5) The administrator or administrator's designee must be responsible for: (a) Organizing and directing the Agency with Choice’s operations including on premises supervision and direct observation a minimum of four days per week, direct observation and administrative responsibilities including: (A) Scheduling direct support workers and other agency staff; and (B) Ensuring back-up coverage. (b) Ensuring the completeness and accuracy of all information provided to the public regarding the Agency with Choice and its services; (c) Ensuring the provision of safe and appropriate services in accordance with written person-centered service plans; (d) Ensuring all direct support workers and other personnel providing services for the Agency with Choice meet the qualification, orientation, competency, training, and education requirements in the rules; (e) Ensuring services are person-centered by aligning personnel and care practices with the Agency with Choice's written policies and procedures. (f) Ensuring direct support worker are trained on the individual’s specific care need, have the knowledge, skills and abilities necessary to meet the unique needs of the individuals they serve and that it aligns with the care assignments. (g) Ensuring the Agency with Choice does not accept or retain individuals for whom it does not have the capabilities or resources to provide services; (h) Ensuring the timely internal investigation of any complaint, grievance, incident, critical incident, provision of personal care, and medication or treatment error. (i) Ensuring the timely reporting of any allegation of abuse or neglect to the appropriate authority that includes, but is not limited to, the ODHS SAFE line (1-855-503-SAFE(7233)), IQA service coordinator, or local law enforcement agency; and (j) Ensuring direct support workers report any decline or change in an individual’s health, behavior, or environment. (6) The Agency with Choice administrator must require: (a) Employees that have direct contact with individuals to report any new arrests, charges, or convictions after hire to determine if any personnel action is necessary, including, but not limited to, a new background check, to ensure compliance; and (b) Direct support workers who have proof of a current Oregon health-care related license or certificate to report any licensing board action to the Agency with Choice that would prevent the direct support worker from providing services to individuals. Statutory/Other Authority: ORS 413.042, Oregon Law 2024, Chapter 37 & HB 4129 (2024) Statutes/Other Implemented: Oregon Law 2024, Chapter 37 History: BHS 23-2025, temporary adopt filed 10/09/2025, effective 10/09/2025 through 04/06/2026