justicedao/ipfs_state_laws huggingface dataset:
333-031-0070 Rallies and Caravans (1) Any temporary facilities for accommodating a camping vehicle rally or other groups of camping vehicles assembled for the purpose of traveling together may be exempted by the Administrator from the requirements of these rules for toilets and spacing if the Administrator finds the public health will not be endangered. The period of operation shall be designated by the Administrator. (2) Prior to using any recreation park, camping vehicle rally groups shall obtain permission from the park owner or operator. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 27-1985, f. & ef. 10-28-85 HD 7-1985(Temp), f. & ef. 4-30-85 HB 231, f. 12-22-69
333-031-0072 Special Conditions The Administrator may exempt any requirements of the rules for toilets, waste water disposals and spacing, to meet special short-term campground needs either arising annually during hunting season or other similar special situations if he finds that public health will not be endangered. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 27-1985, f. & ef. 10-28-85 HD 7-1985(Temp), f. & ef. 4-30-85 HB 231, f. 12-22-69
333-031-0074 Rules for Recreation Park Patrons (1) Patrons shall dispose of all sewage and waste water in the facilities provided by the park owner or operator. No sewage or waste water shall be discharged onto the ground or allowed to accumulate on the ground surface. (2) Patrons shall dispose of their solid waste in the containers provided for this purpose. (3) Only one camping vehicle, tent vehicle or tent is permitted in a camping space and a distance of at least ten feet must be maintained from any other such vehicle or tent. However, more than one such vehicle or tent may occupy a camping space and a spacing of less than ten feet is permitted provided the owner of each vehicle and the park owner or operator agree. (4) No person shall permit his camping vehicle, tent vehicle, or tent to obstruct any public or private roadway or walkway. All vehicular traffic within picnic areas shall remain on the roadways or parking areas. (5) Camping vehicle rally groups or other groups of camping vehicle owners assembled for the purpose of traveling together must obtain permission from the park owner or operator before entering any recreation park. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 & 446.346 History: HD 2-1987, f. & ef. 1-21-87 HD 17-1986(Temp), f. & ef. 10-24-86 HB 231, f. 12-22-69
333-031-0075 Fees (1) Every applicant for a Recreation Park license shall pay a base fee of $100 plus $3 for each space from 1-50, $2 for each space from 51-100, and $1 for each space above 100 unless another fee has been specified by the local public health authority. (2) Every applicant for a Picnic Park license shall pay a fee of $100 unless another fee has been specified by the local public health authority. (3) All licenses under ORS 446.310 to 446.350 terminate and are renewable on December 31 of each year. Statutory/Other Authority: ORS 446.321 Statutes/Other Implemented: ORS 446.320 History: PH 29-2019, amend filed 12/19/2019, effective 01/01/2020 HD 27-1994, f. 10-27-94, cert. ef. 12-31-94 HD 11-1984, f. & ef. 6-20-84 Reverted to HD 4-1980, f. & ef. 3-21-80 HD 18-1983(Temp), f. & ef. 10-18-83 HD 4-1980, f. & ef. 3-21-80
333-031-0085 Variance (1) The Division may grant a variance from the requirements of OAR 333-031-0002 through 333-031-0075 as follows: (a) Where it is demonstrated to the satisfaction of the Division that strict compliance with the rule would be highly burdensome or impractical due to special conditions or cause; (b) Where the public or private interest in the granting of the variance is found by the Division to clearly outweigh the interest of the application of uniform rules; and (c) Where such alternative measures are provided which in the opinion of the Division will provide adequate health and safety protection. (2) Such variance authority is not conferred upon any county notwithstanding delegated or contractual authority in the administration and enforcement of travelers’ accommodation and recreation park statutes and rules. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1982, f. & ef. 3-1-82 HD 13-1981(Temp), f. & ef. 7-31-81
333-031-0090 Civil Penalties In accordance with ORS 446.348, the Assistant Director for Health will use the following schedule to impose civil penalties for violations of rules for recreation parks and picnic parks: (1) Violations of any requirements stated in any part of OAR 333-031-0004, 333-031-0005, 333-031-0006 and 333-031-0110 are Class I violations subject to a civil penalty in the amount of not less than $75 nor more than $1,000 for each and every violation. (2) Violations of any requirements stated in any part of OAR 333-031-0007, 333-031-0008, 333-031-0012, 333-031-0018, 333-031-0059, and 333-031-0066 are Class II violations subject to a civil penalty in the amount of not less than $50 nor more than $750 for each and every violation. (3) Violations of any of the requirements stated in any part of OAR 333-031-0014, 333-031-0020, 333-031-0060, 333-031-0062, 333-031-0064 and 333-031-0068 are Class III violations subject to a civil penalty in the amount of not less than $25 nor more than $350 for each and every violation. Statutory/Other Authority: ORS 446.348 Statutes/Other Implemented: ORS 446.347 & 446.348 History: HD 9-1986, f. & ef. 6-12-86
333-035-0110 Purpose The purpose of these rules is to establish the standards for licensure of hospice programs. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, amend filed 01/27/2023, effective 01/27/2023 PH 204-2022, renumbered from 333-035-0045, filed 11/18/2022, effective 11/18/2022 PH 19-2010, f. 8-30-10, cert. ef. 9-1-10
333-035-0115 Compliance with CMS Conditions of Participation (1) Hospice programs must comply with the Conditions of Participation governing hospice programs prescribed by CMS, under 42 CFR Part 418, adopted by reference. (2) In addition to the requirements of 42 CFR 418, hospice programs must also comply with OAR 333-035-0110 through 333-035-0300. A hospice program licensed on or after January 27, 2023, shall have until March 1, 2023 to comply with these rules. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0130 Review of License Application In reviewing an application for a hospice program license, the Authority shall: (1) Confirm receipt of the required fee and determine if the application is complete; (2) Verify that the program is primarily engaged in providing hospice services and complies with hospice program licensing laws under ORS 443.860 through 443.869 and these rules; and (3) Assess capacity for compliance with the Conditions of Participation prescribed by CMS, under 42 CFR 418. (4) Conduct a survey of the hospice program in accordance with OAR 333-035-0240. (5) If a hospice program is in compliance with ORS chapter 443 and these rules and intends to provide hospice services to patients, a license may be issued for the operation of the hospice program. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0135 Approval of License Application (1) The Authority shall notify an applicant in writing if a license application is approved. (2) A license shall be issued only for the hospice program and person(s) named in the application and may not be transferred or assigned. (3) The license shall be posted in a clearly visible location in an office that is open to the public. (4) A licensed hospice program shall not in any manner or by any means assert, represent, offer, provide or imply that the program is or may render care or services other than that is permitted or within the scope of the issued license. A licensed hospice program shall not offer or provide any service that is not authorized within the scope of the license. (5) The Authority may permit a hospice program providing care at multiple locations, to operate under one license for all locations, if: (a) All locations are operating under the same Medicare Certification Number; (b) All locations provide the same full range of care and services that is offered by the CMS certified hospice program issued the Medicare Certification Number; and (c) The locations comply with OAR 333-035-0160. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0140 Denial of License Application If the Authority intends to deny a license application, it shall issue a Notice of Intent to Deny in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0145 Expiration and Renewal of License (1) Each license to operate a hospice program expires 12 months from the date of issue. (2) A hospice program shall submit a completed application for renewal on a form prescribed by the Authority, accompanied by the required fee, to the Authority not less than 30 days prior to the license expiration date. (3) A hospice program is not eligible for renewal if a complete renewal application and fee have not been submitted to the Authority within 30 days after the license has expired. To be licensed, the hospice program must submit a new application under OAR 333-035-0125. (4) The Authority may deny a renewal license if the hospice program failed to timely notify the Authority of any changes specified under OAR 333-035-0125(5) or if there are violations of ORS chapter 443 or these rules. (5) The Authority may deem an application incomplete if it does not include the information required by the Authority or is not accompanied by the appropriate fee. The Authority may reject an application that is incomplete. (6) If the ownership of a hospice program changes, other than at the time of the annual renewal, the hospice program shall comply with OAR 333-035-0125(5) and submit a change of ownership form along with the fee for a new license. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0150 Denial, Suspension, or Revocation of License (1) The Authority may impose a civil penalty or deny, suspend or revoke a program's license for failure to comply with ORS chapter 443 or these rules. (2) If the Authority intends to impose a civil penalty or deny, suspend or revoke a hospice program license, it shall do so in accordance with ORS 183.411 through 183.745. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.864 & 443.869 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0155 Return of License and Hospice Program Closure (1) If a hospice program's license is suspended, revoked, or if the hospice program decides to discontinue operations, the license certificate in the licensee’s possession shall be returned to the Authority immediately. (2) A hospice program that discontinues operations must: (a) Inform patients or the patient's representative about the closure at least 14 calendar days prior to closure; (b) Provide information about how an individual may obtain a copy of their clinical records; (c) Notify the Authority at least 14 calendar days prior to closure and submit plans for the transfer, storage and disposal of clinical records and how stored records can be accessed, including the name of the entity for handling access requests. (3)(a) Clinical records that are less than seven years old from the last date of discharge shall be stored for a minimum of seven years from last date of discharge. Clinical records that are greater than seven years old from last date of discharge may be destroyed. (b) The clinical records of a patient less than 18 years of age shall be kept at least seven years after the patient reached the age of 18. (c) Storage and destruction of clinical records shall comply with 45 CFR Part 160, subparts A and E of 45 CFR Part 164, and ORS 192.553 through 192.581. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0160 Geographic Service Area (1) A hospice program serves a geographic service area that is within a 60-mile radius from the physical location of the hospice program. (2) Multiple locations may provide services within a portion of the parent hospice program's geographical service area. (3) The Authority may permit a hospice program providing care at multiple locations, to operate under one license for all locations, if: (a) All locations are operating under the same Medicare Certification Number; (b) All locations provide the same range of care and services offered by the parent hospice program certified by CMS; and (c) The multiple locations are located within a 60-mile radius of the parent hospice program applying for licensure. (4) The Authority may waive the geographical restrictions specified in this rule in accordance with OAR 333-035-0300, including but not limited to, if the parent hospice program proposes to provide hospice services to an underserved area or population of the state and adequately demonstrates the ability to manage and control the services. (5) As used in this rule, "underserved area or population" means an area in which residents have a shortage of available hospice services or a group of persons who face economic, racial, cultural, linguistic, religious, sexual orientation, gender-identity, or age-related barriers to hospice services. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0170 Advance Directives (1) A hospice program shall comply with ORS 127.649 relating to written policies and procedures on providing information to patients on a patient's right to make health care decisions. (2) In accordance with ORS 127.652, a hospice program shall provide to a patient the materials necessary to execute an advance directive or a form appointing a health care representative no later than 15 days after the initial provision of care by the hospice program, but in any event before ceasing to provide care to the patient. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 127.649, 127.652 & 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0175 Health Care Interpreter Services A hospice program shall comply with ORS 413.559 and OAR 950-050-0160 to provide health care interpreting services as defined in OAR 950-050-0010 to a patient who prefers to communicate in a language other than English. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 413.559, 413.561 & 443.860 History: PH 19-2023, minor correction filed 04/18/2023, effective 04/18/2023 PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0180 Clinical Records (1) If a hospice program changes ownership, the hospice program shall retain all clinical records in written or electronic form, and it shall be the responsibility of the successor hospice program to protect and maintain these records in accordance with OAR 333-035-0155(3). (2) In the event of dissolution of a hospice program, the hospice program administrator shall notify the Authority where the clinical records will be stored and how clinical records may be accessed in accordance with OAR 333-035-0155. (3) A hospice program shall comply with 45 CFR Part 160, subparts A and E of 45 CFR Part 164, and ORS 192.553 through 192.581. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0190 Infection Control A hospice program shall develop, implement and maintain an infection control program to prevent and control infections and communicable diseases. The program shall include at a minimum: (1) A tuberculosis infection control plan in accordance with OAR 333-019-0041; (2) Appropriate disposal of sharp instruments in accordance with OAR 333-056-0050; (3) Development and maintenance of policies and procedures that include, at a minimum: (a) Standard precautions such as hand hygiene, respiratory hygiene and cough etiquette, and personal protective equipment; (b) Availability of personal protective equipment and other equipment necessary to implement plan of care; and (c) Exposure to bloodborne pathogens such as Hepatitis B and HIV and other potentially infectious agents. (4) Education and training on infection control measures to staff, patients, and caregivers. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0200 Quality Assessment and Performance Improvement A hospice program must measure, analyze, and track quality indicators, adverse patient events, infection control and other aspects of performance that includes care and services furnished to a patient. A hospice program must document this information at least quarterly and record any performance improvement activities at least quarterly. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-035-0220 Complaints (1) Any person may make a complaint verbally or in writing to the Oregon Health Authority (Authority) regarding an allegation as to the care or services provided by a hospice program or violations of any hospice program laws or regulations. (2) The identity of a person making a complaint and any personally identifiable information, as that is defined in ORS 432.005 is confidential and not subject to disclosure under ORS 192.311 to 192.478. (3) The Authority may investigate after receipt of a complaint in accordance with OAR 333-035-0230. (4) An employee or contract provider with knowledge of a violation of ORS chapter 443 or these rules, shall use the reporting procedures established by the hospice program before notifying the Authority or other state agency of the inappropriate care or violation, unless the employee or contract provider: (a) Believes a patient’s health or safety is in immediate jeopardy; or (b) Files a complaint in accordance with section (1) of this rule. (5) If the complaint involves an allegation of criminal conduct or an allegation that is within the jurisdiction of another local, state, or federal agency, the Authority may refer the matter to that agency. Statutory/Other Authority: ORS 443.860 & ORS 443.013 Statutes/Other Implemented: ORS 443.860 & ORS 443.013 History: PH 16-2026, amend filed 01/29/2026, effective 02/01/2026 PH 6-2023, amend filed 01/27/2023, effective 01/27/2023 PH 204-2022, renumbered from 333-035-0065, filed 11/18/2022, effective 11/18/2022 PH 19-2010, f. 8-30-10, cert. ef. 9-1-10
333-035-0230 Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Authority staff may conduct an unannounced complaint investigation. (2) A hospice program shall permit Authority staff access to any location from which it is operating its program or providing services during an investigation. (3) An investigation may include but is not limited to: (a) Interviews of the complainant, caregivers, patients, a patient's representative, a patient's family members, witnesses, and hospice program management and staff; (b) On-site observations of the patient(s), staff performance, or patient environment; and (c) Review of documents and records. (4) A hospice program shall timely make all requested documents and records available to the surveyor for review and copying. (5) The hospice program shall cooperate with investigations of allegations of abuse and neglect conducted by the Oregon Department of Human Services (ODHS), Oregon Health Authority, Adult Protective Services, and other agencies such as law enforcement. (6) Information obtained by the Authority during an investigation of a complaint or reported violation under this rule will not be disclosed unless required by law. Upon the conclusion of the investigation, except as otherwise specified in 42 CFR § 401, Subpart B, the Authority may publicly release a report of its findings. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a hospice program and may report information obtained during an investigation to a health professional licensing regulatory board as defined in ORS 676.160 as that information pertains to a licensee of the board. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, amend filed 01/27/2023, effective 01/27/2023 PH 204-2022, renumbered from 333-035-0070, filed 11/18/2022, effective 11/18/2022 PH 19-2010, f. 8-30-10, cert. ef. 9-1-10
333-035-0250 Violations In addition to non-compliance with any law that governs a hospice program or CMS Conditions of Participation, it is a violation to: (1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Authority staff access to the hospice program, its documents or records; (2) Fail to implement an approved plan of correction; (3) Fail to comply with all applicable laws, lawful ordinances and rules relating to safety from fire; (4) Refuse or fail to comply with an order issued by the Authority; (5) Refuse or fail to pay a civil penalty; (6) Fail to comply with rules governing the storage of records following the closure of a hospice program; (7) Fail to report suspected abuse when required under ORS 124.060; or (8) Fail to obtain a license. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, amend filed 01/27/2023, effective 01/27/2023 PH 204-2022, renumbered from 333-035-0080, filed 11/18/2022, effective 11/18/2022 PH 19-2010, f. 8-30-10, cert. ef. 9-1-10
333-035-0260 Informal Enforcement (1) If during an investigation or survey Authority staff document violations of hospice program licensing laws or conditions of participation, the Authority may issue a statement of deficiencies that cites the law alleged to have been violated and the facts supporting the allegation. (2) A signed plan of correction must be received by the Authority within 10 business days from the date the statement of deficiencies was received by the hospice program. A signed plan of correction will not be used by the Authority as an admission of the violations alleged in the statement of deficiencies. (3) A hospice program shall correct all deficiencies within 60 days from the date of the exit conference unless an extension of time is requested from the Authority. A request for such an extension shall be submitted in writing and must accompany the plan of correction. (4) The Authority shall determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Authority, the Authority shall notify the hospice program administrator in writing or by telephone: (a) Identifying which provisions in the plan the Authority finds unacceptable; (b) Citing the reasons the Authority finds them unacceptable; and (c) Requesting that the plan of correction be modified and resubmitted no later than 10 working days from the date the letter of non-acceptance was received by the administrator. (5) If the hospice program does not come into compliance by the date of correction reflected on the plan of correction or 60 days from date of the exit conference, whichever is sooner, the Authority may propose to deny, suspend, or revoke the hospice program license, or impose civil penalties. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, amend filed 01/27/2023, effective 01/27/2023 PH 204-2022, renumbered from 333-035-0085, filed 11/18/2022, effective 11/18/2022 PH 19-2010, f. 8-30-10, cert. ef. 9-1-10