justicedao/ipfs_state_laws huggingface dataset:
333-069-0100 Federal Regulations Adopted by Reference (1) The Oregon Health Authority (Authority) is authorized to administer the lead-based paint activities program under ORS 431A.355 and 40 Code of Federal Regulations (CFR) 745.324. The Authority’s rules must be no less stringent than the U.S. Environmental Protection Agency’s (EPA's) rules in 40 CFR 745 Subparts D and L. (2) The Authority adopts by reference 40 CFR 745, Subpart D — Lead-Based Paint Hazards, and Subpart L — Lead-Based Paint Activities, revised as of July 1, 2021, except as described in section (3) of this rule and except for: (a) 40 CFR Part 745.225(g) and (h); (b) 40 CFR 745.235; (c) 40 CFR 745.237; and (d) 40 CFR 745.239. (3) Notwithstanding 40 CFR 745 Subpart D and L: (a) All fees are as established in OAR 333-069-0120; (b) All certification, recertification, accreditation and reaccreditation periods are as established in OAR 333-069-0120; (c) Notices required to be sent to EPA under 40 CFR 745.225(c)(13)(vi) and (14)(iii) must be sent to the Authority at 800 NE Oregon Street, Suite 640, Portland, OR 97232 or to leadprogram@odhsoha.oregon.gov; and (d) Where "Administrator" or "EPA" appears in 40 CFR Part 745, "OHA" or "Authority" is substituted, unless the context suggests otherwise. Statutory/Other Authority: ORS 431A.355 Statutes/Other Implemented: ORS 431A.355 & 431A.358 History: PH 200-2022, amend filed 10/05/2022, effective 10/19/2022 PH 163-2022, minor correction filed 07/15/2022, effective 07/15/2022 PH 36-2016, f. 12-12-16, cert. ef. 1-1-17
333-069-0120 Certification and Accreditation Periods; Fees (1) Certifications and recertifications are issued for three years. (2) Accreditations and reaccreditations are issued for one year. (3) The following certification and recertification fees are established and are non-refundable: (a) Firms: $255. (b) Inspectors, risk assessors, supervisors, and project designers: $255. (c) Workers: $150. (4) The following initial accreditation fees are established and are non-refundable: (a) Standard lead-based paint inspector or supervisor training course: $750. (b) Standard lead-based paint risk assessor or worker training course: $500. (c) Refresher lead-based paint activities training course covering more than two disciplines: $600. (d) Inspector or supervisor refresher training course: $500. (e) Risk assessor or a worker refresher training course: $350. (f) Training manager for each standard training or refresher course: $175 (g) Each additional instructor or guest instructor for each standard training or refresher training course: $90. (5) The following reaccreditation fees are established and are non-refundable: (a) Standard lead-based paint activities training course for each discipline: $300. (b) Refresher training course covering up to two disciplines: $100 (c) Refresher training course covering more than two disciplines: $200. (d) Training Manager for each standard training or refresher course: $100: (e) Each additional instructor or guest instructor for each standard training or refresher training course: $50. (6) The application fee for a permit for painting shall be $5. This is an annual fee. Statutory/Other Authority: ORS 431A.355 Statutes/Other Implemented: ORS 431A.355 History: PH 36-2016, f. 12-12-16, cert. ef. 1-1-17
333-070-0200 Federal Regulations Adopted by Reference (1) The Oregon Health Authority (Authority) is authorized to administer the lead-based paint activities program under ORS 431A.355 and 40 Code of Federal Regulations (CFR) 745.324. The Authority’s rules must be no less stringent than the U.S. Environmental Protection Agency’s (EPA's) rules in 40 CFR 745 Subparts D, E and L. (2) The Authority adopts by reference 40 CFR 745, Subpart D — Lead-Based Paint Hazards, Subpart E — Residential Property Renovation and Subpart L — Lead-Based Paint Activities, revised as of July 1, 2021, except as described in section (3) of this rule and except for: (a) 40 CFR Part 745.87; (b) 745.91; and (c) 745.225(g) and (h). (3) Notwithstanding 40 CFR 745 Subparts D, E and L: (a) All fees are as established in OAR 333-070-0220; (b) All certification, recertification, accreditation and reaccreditation periods are as established in OAR 333-070-0220; (c) Notices required to be sent to EPA under 40 CFR 745.225(c)(13)(vi) and (14)(iii) must be sent to the Authority at 800 NE Oregon Street, Suite 640, Portland, OR 97232 or leadprogram@odhsoha.oregon.gov; and (d) Where "Administrator" or "EPA" appears in 40 CFR Part 745, "OHA" or “Authority” is substituted, unless the context suggests otherwise. Statutory/Other Authority: ORS 431A.355 Statutes/Other Implemented: ORS 431A.355 & 431A.358 History: PH 200-2022, amend filed 10/05/2022, effective 10/19/2022 PH 164-2022, minor correction filed 07/15/2022, effective 07/15/2022 PH 36-2016, f. 12-12-16, cert. ef. 1-1-17
333-070-0210 Inspections and Enforcement (1) The Authority may: (a) Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect, investigate, evaluate or conduct tests or take specimens or samples for testing, as necessary to determine compliance with ORS 431A.355, 431A.358 or these rules; (b) Issue subpoenas to determine compliance with ORS 431A.355, 431A.358 or these rules; (c) Suspend or revoke a firm certification to perform renovation if the holder of the certification fails to comply with state or federal statutes or regulations related to lead-based paint; (d) Suspend or revoke a certified renovator’s certification if the renovator fails to comply with state or federal statutes or regulations related to lead-based paint; and (e) Issue civil penalties per violation per day not to exceed $5,000 per violation per day for a violation of ORS 431A.355, 431A.358 or these rules, including but not limited to failure or refusal: (A) To permit the Authority entry or inspection in accordance with this rule; or (B) To establish and maintain records or to make available or permit access to or copying of records. (2) In issuing civil penalties the Authority shall consider and document whether: (a) The Authority made repeated attempts to obtain compliance; (b) The firm or individual has a history of noncompliance with environmental statutes or regulations; (c) The violation poses a serious risk to the public's health; (d) The firm or individual gained financially from the noncompliance; and (e) There are mitigating factors, such as a firm’s or individual’s cooperation with an investigation or actions to come into compliance. (3) An individual or firm who is issued a notice of suspension, revocation or imposition of civil penalties shall have the right to a contested case hearing under ORS Chapter 183. (4) The Authority shall maintain a publicly available list of individuals and firms whose certification has been suspended, revoked, or reinstated. (5) Unless a final order specifies otherwise: (a) An individual whose certification has been suspended must take a refresher training course (renovator or dust sampling technician) prior to certification being reinstated. (b) An individual whose certification has been revoked shall take an initial renovator or dust sampling technician course in order to become certified again. (c) A certified renovation firm whose certification has been revoked may reapply for certification after one year from the date of revocation. Statutory/Other Authority: ORS 183.310-183.540, 183.745, 431A.355, 431A.358 & 431A.363 Statutes/Other Implemented: ORS 183.310-183.540, 183.745, 431A.355, 431A.358 & 431A.363 History: Renumbered from 333-070-0115, PH 36-2016, f. 12-12-16, cert. ef. 1-1-17 PH 4-2011, f. & cert. ef. 6-16-11 PH 8-2010, f. & cert. ef. 4-26-10
333-070-0220 Certification Fees and Refunds (1) Firm certifications and recertifications are issued for five years. (2) The following fees for certification and recertification for firms are established and are non-refundable: (a) Firm certification: $250. (b) Firm recertification: $250. (3) Fee Waivers. A renovation firm that has applied to EPA for certification or is certified by the EPA may request a waiver of the certification fee if the firm: (a) Is required to be certified by the Authority; and (b) Provides documentation that the date of application to EPA for certification or the date of certification is prior to May 3, 2010. (4) Refund policy. (a) An incomplete application shall be returned with the application fee minus a $50 administration fee. (b) If an applicant requests that a complete application be withdrawn within 30 days of its receipt by the Authority, the Authority shall refund the applicant $200 minus a $50 administration fee. (c) No fees will be refunded if the Authority has begun to process an application. (5) Lost certificate. A $15 fee will be charged for the replacement of a certified renovation firm certificate. (6) Certificate replacement. Certified renovation firms seeking certificate replacement must submit the replacement application form and a payment of $15 in accordance with the instructions provided with the application package. Statutory/Other Authority: ORS 431A.355 Statutes/Other Implemented: ORS 431A.355 History: Renumbered from 333-070-0120, PH 36-2016, f. 12-12-16, cert. ef. 1-1-17 PH 4-2011, f. & cert. ef. 6-16-11 PH 8-2010, f. & cert. ef. 4-26-10
333-070-0230 Suspending, Revoking, or Denying a Training Program’s Accreditation; Civil Penalties (1) The Authority may: (a) Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect or investigate as necessary to determine compliance with ORS 431A.355; (b) Issue subpoenas to determine compliance with ORS 431A.355; (c) Suspend, revoke, or deny an accreditation if the holder of the accreditation fails to comply with state or federal statutes or regulations related to lead-based paint; and (d) Issue civil penalties not to exceed $5,000 per violation for a violation of ORS 431A.355, or any of these rules, including failure or refusal to permit entry or inspection in accordance with this rule. (A) In issuing civil penalties the Authority shall consider whether: (i) The Authority made repeated attempts to obtain compliance; (ii) The training program has a history of noncompliance with environmental statutes or regulations; (iii) The violation poses a serious risk to the public's health; (iv) The training program gained financially from the noncompliance; and (v) There are mitigating factors, such as the training program’s cooperation with an investigation or actions to come into compliance. (B) The Authority shall document its consideration of the factors in paragraph (1)(d)(A) of this rule. (C) Each day a violation continues is an additional violation. (D) A civil penalty imposed under this rule shall comply with ORS 183.745. (2) An accredited training program that is issued a notice of suspension, revocation or denial shall have the right to a contested case hearing under ORS chapter 183. (3) The Authority shall maintain a publicly available list of training programs whose accreditation has been suspended, revoked, denied, or reinstated. (4) Unless a final order specifies otherwise: (a) An accredited training program whose accreditation has been revoked may reapply for reaccreditation after one year from the date of revocation. (b) If the training program’s accreditation has been suspended and the suspension ends less than four years after the training program was initially accredited or reaccredited, the training program does not need to do anything to reactivate its accreditation once the period of suspension has expired. Statutory/Other Authority: ORS 431A.355 Statutes/Other Implemented: ORS 431A.355 History: Renumbered from 333-070-0145, PH 36-2016, f. 12-12-16, cert. ef. 1-1-17 PH 4-2011, f. & cert. ef. 6-16-11 PH 8-2010, f. & cert. ef. 4-26-10
333-070-0240 Accreditation Fees (1) Accreditations and reaccreditations are issued for four years. (2) The following accreditation and reaccreditation fees are established and are non-refundable: (a) Renovator Initial — $560 — $340: (b) Dust Sampling Technician Initial — $560 — $340: (c) Renovator Refresher — $400 — $310: (d) Dust Sampling Technician Refresher — $400 — $310 (3) Student Fee Schedule, Course — Fee: (a) Renovator Initial — $50: (b) Renovator Refresher — $50: (c) Dust Sampling Technician Initial — $50: (d) Dust Sampling Refresher — $50. (e) The student fee is to be paid by the training program at the completion of each training course. The $50 fee is per student that successfully completes the course. The fee shall be paid by the training program to the Authority within 10 days after completion of the training course. (4) Training programs with current accreditation by EPA or an EPA-authorized state or tribal program shall pay a prorated fee of the appropriate fee listed above, divided by 48, times the number of months remaining in the current accreditation, beginning with the month following application to the Authority. Statutory/Other Authority: ORS 431A.355 Statutes/Other Implemented: ORS 431A.355 History: PH 33-2023, minor correction filed 07/20/2023, effective 07/20/2023 Renumbered from 333-070-0160, PH 36-2016, f. 12-12-16, cert. ef. 1-1-17 PH 4-2011, f. & cert. ef. 6-16-11 PH 8-2010, f. & cert. ef. 4-26-10
333-071-0200 Purpose and Applicability (1) The purpose of these rules is to establish standards for the licensure of special inpatient care facilities (SICF) to ensure the health and safety of individuals who receive services from these facilities. (2) An SICF classified as a religious institution is exempt from these rules except for: (a) OAR 333-071-0200 through 0290; (b) OAR 333-071-0310 through 0320; (c) OAR 333-071-0345; (d) OAR 333-071-0350; (e) OAR 333-071-0380; (f) OAR 333-071-0410; (g) OAR 333-071-0420(1)(a) through (f); (h) OAR 333-071-0440; (i) OAR 333-071-0450; (j) OAR 333-071-0510; and (k) OAR 333-071-0550 though OAR 333-071-0580. Statutory/Other Authority: ORS 441.025, 441.056, 441.057, 441.060, 441.062, 441.173, 441.175 & 441.223 Statutes/Other Implemented: ORS 441.015 - 441.087 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0210 License Application and Fees (1) An applicant wishing to apply for a new or renewal license to operate a special inpatient care facility (SICF) shall submit an application on a form prescribed by the Oregon Health Authority (Authority) and pay the applicable nonrefundable hospital fee as specified in ORS 441.020. (2) If an applicant is proposing a new SICF, the applicant shall also submit evidence of plans review approval as required by OAR chapter 333, division 675. (3) An SICF must inform the Authority in writing of any changes in ownership, organizational structure, or other information required on the application form, within 30 days of the change. Failure to notify the Authority may result in denial or revocation of the license. (4) An applicant that has a certificate of accreditation and deemed status for Medicare certification from an accrediting organization approved by the Authority shall provide the certificate to the Authority with its license application, and shall include: (a) All survey and inspection reports; and (b) Written evidence of all corrective actions underway, or completed, in response to recommendations, including all progress reports. (5) No license shall be issued for any SICF for which a certificate of need is required, unless a certificate of need has first been issued under ORS 442.315. (6) The Authority may charge a reduced SICF fee if the Authority determines that charging the standard fee constitutes a significant financial burden. (7) An SICF that fails to submit its license renewal application and fee before December 1 of each year shall be charged a late fee of $1,250. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.020, 441.025 & 442.315 History: PH 24-2025, amend filed 12/18/2025, effective 12/23/2025 PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0215 Application Review (1) In reviewing an application for a new special inpatient care facility (SICF) the Oregon Health Authority (Authority) shall: (a) Verify compliance with the applicable sections of ORS chapters 441, 442 and 476, these rules and OAR chapter 333, division 675 ; (b) Determine whether a certificate of need is required and was obtained for a new SICF; (c) Conduct an in-person licensing survey in coordination with the State Fire Marshal's Office; and (d) Verify compliance with conditions of participation or conditions for coverage if the applicant has requested Medicare or Medicaid certification. (2) In determining whether to license an SICF, the Authority shall consider factors relating to the health and safety of individuals to be cared for at the SICF and the ability of the operator of the SICF to safely operate the facility, and may not consider whether the SICF is or shall be a governmental, charitable or other nonprofit institution or whether it is or shall be an institution for profit. (3) An SICF classified as a religious institution shall: (a) Provide only non-medical care and services to a patient who relies solely upon a religious method of healing; and (b) Comply with the CMS, Religious Nonmedical Health Care Institutions, conditions for coverage - 42 CFR 403.720, 403.724, 403.730 and conditions of participation – 42 CFR 403.732, 403.734, 403.736, 403.738, 403.740, 403.742, 403.744 and 403.746. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.022 & 441.025 History: PH 7-2025, amend filed 03/01/2025, effective 03/01/2025 PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0220 Approval of License Application (1) The Authority shall notify an applicant in writing if a license application is approved and shall include the license with the appropriate classification. (2) A license shall be issued only for the premises or governmental units named in the application and it is not transferable or assignable. (3) The license shall be conspicuously posted in the area where patients are admitted. (4) No SICF licensed pursuant to the provisions of ORS chapter 441 and these rules, shall in any manner or by any means assert, represent, offer, provide or imply that such person or SICF is or may render care or services other than that which is permitted by or which is within the scope of the license issued to the SICF by the Authority, nor shall any service be offered or provided which is not authorized within the scope of the license issued to the SICF. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.015 & 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0005, 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
333-071-0230 Expiration and Renewal of License (1) Each license to operate an SICF shall expire on December 31 following the date of issue, and if a renewal is desired, the licensee shall make application and pay the appropriate fee at least 30 days prior to the expiration date upon a form prescribed by the Authority. (2) For emergency preparedness planning and licensing purposes, a licensee shall provide, in its application for license renewal: (a) The number of beds currently in use or capable of being used; (b) The total number of beds that could be used with only minor alterations, taking into consideration existing equipment, the ancillary service capability of the facility, and the physical environment required by these rules, as applicable; and (c) The number of beds to be licensed. (3) An applicant that has a certificate of accreditation and deemed status for Medicare certification from an accrediting organization approved by the Authority shall provide the certificate to the Authority with its renewal application, and shall include: (a) All approved accrediting organization survey and inspection reports; and (b) Written evidence of all corrective actions underway, or completed, in response to the approved accrediting organization recommendations, including all progress reports. (4) If an applicant wishes to renew its license and increase the number of beds licensed from the previous licensing year, the applicant shall include: (a) Evidence of plans review approval as required by these rules and OAR chapter 333, division 675 as applicable; and (b) Evidence that a certificate of need was obtained or is not required. (5) The Authority may not renew a license for any SICF if a certificate of need is required and has not been obtained pursuant to ORS 442.315. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 & 441.030 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0015, 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
333-071-0235 Denial of License Application If the Authority intends to deny a license application, it shall issue a Notice of Proposed Denial of License Application in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.030 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0020, 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
333-071-0240 Return of SICF License and SICF Closure (1) If an SICF license is suspended, revoked, or if a facility decides to permanently close, the license certificate in the licensee's possession shall be returned to the Authority immediately. (2) If an SICF decides to voluntarily permanently close, it shall issue a multimedia press release at least 24 hours prior to closure, notifying the public of the closure. The press release must include information about how an individual may obtain their medical records. (3) An SICF that decides to voluntarily permanently close shall notify the Authority at least 14 days prior to the closure and submit a plan for the storage and disposal of medical records. Medical records not claimed that are more than seven years old from the last date of discharge may be destroyed. Medical records not claimed that are less than seven years old from the last date of discharge shall be stored until they are more than seven years old from the last date of discharge. Medical records may be thinned to include only the admission and discharge sheet (face sheet), discharge summary, history and physical, operative report(s), pathology report(s), and X-ray report(s). 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 333-071-0025, filed 12/19/2018, effective 12/19/2018 HD 11-1988, f. & cert. ef. 5-27-88
333-071-0245 Discontinuance and Recommencement of Operations (1) If an SICF wishes to temporarily discontinue operation but retain its license to operate, the SICF shall notify the Authority of the fact at least 14 days prior to the temporary discontinuance. (2) An SICF shall issue a multimedia press release in accordance with OAR 333-071-0240(2). (3) Before any patient is admitted to an SICF that has temporarily discontinued operation, the SICF shall request that the Authority conduct an on-site survey to determine whether the SICF is in compliance with SICF licensing laws, conditions of participation or conditions for coverage if applicable. (4) An SICF may not renew operation until it receives approval, in writing, from the Authority. 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