justicedao/ipfs_state_laws huggingface dataset:
333-536-0082 Infection Control An agency shall develop an infection control program to prevent and control infections and communicable diseases. The program shall include at a minimum: (1) Active surveillance, identification, prevention, control and investigation of infectious and communicable diseases; (2) Appropriate disposal of sharp instruments in accordance with OAR 333-056-0050; (3) Development 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 client service plans; and (c) Exposure to bloodborne pathogens such as Hepatitis B and HIV and other potentially infectious agents; and (4) Education and training on infection control measures to staff, clients, and caregivers. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.340 History: PH 26-2021, adopt filed 06/29/2021, effective 07/01/2021
333-536-0090 Quality Assessment and Performance Improvement An agency shall establish and maintain an effective, agency wide quality assessment and performance improvement program that evaluates and monitors the quality, safety and appropriateness of services provided by the agency, and shall include at a minimum: (1) A method to identify, analyze and correct adverse events, issues with infection control and other aspects of performance relating to the care and services provided; (2) A method to select and track quality indicators by high risk, high volume, problem prone areas and by the effect on client safety and quality of care; (3) After an analysis of the causes for the issues identified in section (1) of this rule, develop and implement an agency wide preventive strategy to ensure staff are trained in and familiar with these strategies; (4) The quality improvement activities shall be conducted by a committee comprised of, at a minimum, agency administrative staff, an agency caregiver, and if the agency is classified as an intermediate or comprehensive agency, an agency registered nurse; and (5) Quality improvement activities shall be conducted and documented at least quarterly. Documentation must include the meeting date, the meeting committee members and titles, and meeting minutes that include requirements listed in sections (1), (2) and (3) of this rule. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12 PH 14-2007, f. 12-19-07, cert. ef. 1-1-08 PH 22-2004, f. & cert. ef. 6-25-04 PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04 OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03
333-536-0095 Waivers (1) While all agencies are required to maintain continuous compliance with the Authority's rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conducting of pilot projects or research. Requests for exceptions to the rules must: (a) Be submitted to the Authority in writing; (b) Identify the specific rule for which an exception is requested; (c) Indicate the special circumstances relied upon to justify the exception; (d) Identify what alternatives were considered, if any, and why alternatives (including compliance) were not selected; (e) Demonstrate that the proposed exception is desirable to maintain or improve the health and safety of the clients, and will not jeopardize client health and safety; and (f) Identify the proposed duration of the exception. (2) Upon finding that an agency has satisfied the condition of this rule, the Authority may grant an exception. (3) An agency may implement an exception only after receipt of written approval from the Authority. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12 PH 14-2007, f. 12-19-07, cert. ef. 1-1-08 PH 22-2004, f. & cert. ef. 6-25-04 PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04 OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03
333-536-0105 Operating Without a License If an agency is found to be operating without a valid license, the agency must, within 14 days of the receipt of an injunction obtained by the Authority pursuant to ORS 443.327: (1) Inform its clients that the agency can no longer provide services; (2) Refund all fees collected from the clients for services not rendered; and (3) Cease providing services to clients. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315, 443.325, 443.327 & 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12 PH 14-2007, f. 12-19-07, cert. ef. 1-1-08
333-536-0110 Violations In addition to non-compliance with any law that governs an agency, 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 agency, its documents or records; (2) Fail to implement an approved plan of correction; (3) Refuse or fail to comply with an order issued by the Authority; (4) Refuse or fail to pay a civil penalty; (5) Fail to comply with rules governing the storage of records following the closure of an agency; (6) Fail to report suspected abuse of elderly persons as defined in ORS 124.050; (7) Fail to return a license as provided in OAR 333-536-0035; (8) Operate without a license. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315 & 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-536-0117 Informal Enforcement (1) If during an investigation or survey Authority staff document violations of in-home care licensing rules or laws, the Authority may issue a statement of deficiencies that cites the law or rule alleged to have been violated and the facts supporting the allegation. (2) Upon receipt of a statement of deficiencies, an agency shall be provided an opportunity to dispute the Authority's survey findings but must still comply with sections (3) and (4) of this rule. (a) If an agency desires an informal conference to dispute the Authority's survey findings, the agency shall advise the Authority in writing within 10 business days after receipt of the statement of deficiencies. The written request must include a detailed explanation of why the agency believes the statement of deficiencies is incorrect. (b) An agency may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed. (c) If an agency is successful in demonstrating the deficiencies should not have been cited, the Authority shall reissue the statement of deficiencies, removing such deficiencies and rescinding or modifying any remedies issued for such deficiencies. The reissued statement of deficiencies shall state that it supersedes the previous statement of deficiencies and shall clearly identify the date of the superseded statement of deficiencies. (3) A signed plan of correction must be mailed to the Authority within 10 business days from the date the statement of deficiencies was received by the agency. A signed plan of correction will not be used by the Authority as an admission of the violations alleged in the statement of deficiencies. (4) An agency 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. (5) 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 agency owner or administrator in writing: (a) Identifying which provisions in the plan the Authority finds unacceptable; (b) Citing the reasons the Authority finds the provisions unacceptable; and (c) Requesting that the plan of correction be modified and resubmitted no later than 10 business days from the date notification of non-compliance was received by the agency owner or administrator. (6) If the agency does not come into compliance by the date of correction reflected on the plan of correction or 60 days from the date of the exit conference, whichever is sooner, the Authority may propose to deny, suspend or revoke the agency license or impose civil penalties. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315, 443.325 & 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-536-0120 Formal Enforcement (1) If during an investigation or survey Authority staff document a substantial failure to comply with in-home care licensing laws or rules, or if an agency fails to pay a civil penalty imposed under ORS 443.325 and these rules, the Authority may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.470. (2) The Authority may issue a Notice of Imposition of Civil Penalty for violations of in-home care licensing laws. (3) At any time the Authority may issue a Notice of Emergency License Suspension under ORS 183.430(2). (4) If the Authority revokes an agency license, the order shall specify when, if ever, the agency may reapply for a license. (5) The Authority may reissue an agency license that has been suspended or revoked after the Authority determines that compliance with these rules has been achieved. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315, 443.325 & 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-536-0125 Civil Penalties (1) An agency that violates in-home care laws or rules, an administrative order, or settlement agreement is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000. (2) An individual who operates an agency without a license is subject to the imposition of a civil penalty not to exceed $500 a day per violation. (3) In determining the amount of a civil penalty, the Authority shall consider whether: (a) The Authority made repeated attempts to obtain compliance; (b) The licensee has a history of non-compliance with in-home care licensing laws and rules; (c) The violation poses a serious risk to the public’s health; and (d) There are mitigating factors, such as a licensee’s cooperation with an investigation or actions to come into compliance. (4) The Authority shall document its consideration of the factors in section (2) of this rule. (5) Each day a violation continues is an additional violation. (6) A civil penalty imposed under this rule shall comply with ORS 183.746. (7) Failure to comply with ORS 443.305 through 433.355 includes but is not limited to: (a) Failure to provide a written disclosure statement to the client or the client's representative prior to in-home care services being rendered; (b) Failure to provide the contracted in-home care services; or (c) Failure to correct deficiencies identified during a Authority inspection or complaint investigation. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315, 443.325, 443.327 & 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-540-0005 Purpose and Scope (1) These rules establish minimum standards for the operation and licensure of caregiver registries. (2) A caregiver registry may provide services in addition to establishing and maintaining a list of qualified private contractor caregivers, but these rules do not govern those additional services. (3) A caregiver registry may be subject to additional licensure requirements if it qualifies as an in-home care agency, home health agency, or referral agency as defined in ORS 443.005 and 443.305. (4) A caregiver registry may not employ or compensate, directly or indirectly, caregivers placed on its list, schedule caregivers although they may maintain calendars that track caregiver availability and for referral fee purposes, assign a caregiver to a client, define working conditions, or negotiate for a caregiver or client for the provision of services. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0020 Licensure Fees (1) The fee for a new caregiver registry license is $1,500, plus an additional $750 for each subunit. (2) The fee for renewal of a caregiver registry license is $750, plus $750 for each additional subunit. (3) If the ownership of a caregiver registry changes at a time other than the annual renewal date, the new owner's caregiver registry licensure fee shall be $350, plus $350 for each additional subunit. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.035 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0030 Requirements for Placement on Caregiver Registry; Continuing Education (1) In order to be placed on a caregiver registry a caregiver must be at least 18 years of age and have sufficient communication and language skills to enable them to perform their duties and interact effectively with clients and registry staff. (2) A caregiver registry shall, prior to placing a caregiver on its registry: (a) Conduct a criminal background check in accordance with OAR 333-540-0035; (b) Verify the caregiver's licensure status, if applicable, with the appropriate licensing agency; (c) Conduct a face-to-face interview with the individual; (d) Obtain at least two satisfactory references for the individual that the individual has worked for within the past five years; and (e) Ensure that the caregiver has satisfied basic competency requirements and has the necessary education, skills and training to provide the level of care the caregiver proposes to offer to clients. (3) A caregiver placed on a registry shall annually complete three hours of continuing education on topics related to the caregiver services the caregiver offers to clients. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0035 Criminal Background Checks (1) A caregiver registry shall, prior to placing a caregiver on its registry, conduct or arrange for a criminal background check through the Oregon state police or a private vendor. (2) If the criminal background check or other information obtained by a caregiver registry indicates a caregiver has been convicted of a crime against a person or property that reasonably raises questions about the ability of that caregiver to safely provide caregiver services, the caregiver registry shall notify the individual in writing that they have been found unfit to be placed on the registry. (3) A caregiver registry shall keep the information obtained from criminal background checks confidential and use it solely to determine a caregiver's eligibility to be placed on the registry. (4) A caregiver registry shall perform a criminal background check on a caregiver placed on the registry every three years. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0040 Caregiver Registry Records (1) A caregiver registry shall: (a) Keep records for each caregiver placed on the registry including, but not limited to: (A) Documentation of the required criminal background check; (B) Documentation of satisfactory references; (C) Documentation that the caregiver has satisfied basic competency requirements and has the necessary education, skill and training to provide the services proposed to be offered to clients; (D) Documentation that the caregiver received the caregiver registry's orientation; (E) Documentation of continuing education; (F) Documentation of licensure status, if applicable; (G) A copy of picture identification; and (H) Upon acceptance to the registry, and every three years afterwards, proof of current driver’s license and auto insurance for any caregiver who provides transportation services for clients. (b) Maintain a record of clients served by caregivers on the registry, including but not limited to the client's name, contact information, and address. (c) Maintain client records in a manner that makes them easily retrievable. (d) Maintain records of any complaints received and documentation of any investigation conducted by the Division or other investigative body, including any action taken and any corrective action required. (e) Keep caregiver and client records for at least seven years from the date a caregiver is terminated with the caregiver registry. (2) Documents kept in registry files, including but not limited to background checks, reference checks, verification of basic competency and skill requirements, and training certificates must be legible and dated, signed, or otherwise authenticated by the administrator or the administrator’s designee. (3) If a caregiver registry changes ownership, all records shall remain in the registry, and it shall be the responsibility of the new owner to protect and maintain these records for at least seven years from the date a caregiver is terminated with the caregiver registry. (4) Before a registry terminates its business, the registry shall notify the Division where the records will be stored. (5) Caregiver registry records shall be maintained in a secure manner that protects the confidentiality of the records, and protects the records from destruction or theft. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0050 Complaints (1) Any person may make a complaint verbally or in writing to the Division regarding an allegation against a caregiver registry of a violation of law applicable to a caregiver registry. (2) The identity of a person making a complaint will be kept confidential. (3) An investigation will be carried out as soon as practicable after the receipt of a complaint. (4) Information obtained by the Division during an investigation of a complaint or reported violation under this rule is confidential and not subject to public disclosure under ORS 192.410 through 192.505. (5) Upon the conclusion of the investigation, the Division may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any client of the caregiver registry. The Division may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a caregiver registry. (6) 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 Division will refer the matter to that agency. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0055 Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Division staff will begin an investigation. (2) A caregiver registry shall permit Division staff access to the caregiver registry place of business during an investigation. (3) An investigation may include but is not limited to: (a) Interviews of the complainant, caregivers, clients, a client's representative, a client's family members, witnesses, caregiver registry management and staff; (b) On-site observations of caregiver registry management, staff, or caregivers; and (c) Review of documents and records. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0060 Surveys (1) The Division shall, in addition to any investigations conducted under OAR 333-540-0055, conduct at least one general survey of each caregiver registry to determine compliance with caregiver registry laws every three years and at such other times as the Division deems necessary. (2) A caregiver registry shall permit Division staff access to the caregiver registry place of business during a survey. (3) A survey may include but is not limited to: (a) Interviews of caregivers, clients, client representatives, client family members, and caregiver registry management and staff; (b) On-site observations of caregiver registry management, staff, or caregivers; and (c) Review of documents and records. (4) A caregiver registry shall make all requested documents and records available to the surveyor for review and copying. (5) Following a survey, Division staff may conduct an exit conference with the caregiver registry owner or his or her designee. During the exit conference Division staff shall: (a) Inform the caregiver registry representative of the preliminary findings of the inspection; and (b) Give the person a reasonable opportunity to submit additional facts or other information to the surveyor in response to those findings. (6) Following the survey, Division staff shall prepare and provide the caregiver registry owner or his or her designee specific and timely written notice of the findings. (7) If the findings result in a referral to another regulatory agency, Division staff shall submit the applicable information to that referral agency for its review and determination of appropriate action. (8) If no deficiencies are found during a survey, the Division shall issue written findings to the caregiver registry owner or designee indicating that fact. (9) If the surveyor's written notice of findings indicates that the caregiver registry was in compliance with caregiver registry laws and no deficiencies were cited, the caregiver registry's owner or designee shall sign and date the written notice and return it to the Division. (10) If deficiencies are found, the Division shall take informal or formal enforcement action in compliance with OAR 333-540-0070 or 333-540-0075. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.019 & 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0065 Violations In addition to non-compliance with any law that governs a caregiver registry, it is a violation to: (1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Division staff access to the caregiver registry place of business, its documents or records; (2) Fail to implement an approved plan of correction; (3) Refuse or fail to comply with an order issued by the Division; (4) Refuse or fail to pay a civil penalty; (5) Fail to comply with rules governing the storage of records following the closure of a caregiver registry; (6) Fail to report suspected abuse of elderly persons as defined in ORS 124.050; (7) Fail to return a license as provided in OAR 333-540-0085; or (8) Operate without a license. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10