justicedao/ipfs_state_laws huggingface dataset:
415-054-0464 Background Check Requirements (1) For all new or renewal applications for ADSS certification, the Authority shall conduct a background check in accordance with OAR 943-007-0010 through OAR 943-007-0501. New or renewal certificates may not be issued prior to a background check being completed. (2) New or renewal ADSS applicants may be denied certification or renewal of certification based on a fitness determination that applies a weighing test for potentially disqualifying convictions or conditions. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0466 The Application Process (1) An applicant seeking initial certification or certification renewal must submit a completed application to the Division that demonstrates the following: (a) Minimum education or experience as required in OAR 415-054-0463; (b) Three signed letters of reference from individuals in the behavioral health services field with personal knowledge of the applicant who attests to the applicant’s character, work habits, and qualifications; (c) A written statement signed by the Presiding Judge or Court Administrator for the court or courts designating the applicant to perform ADSS services. (2) The Division shall furnish an application with instructions and provide appropriate technical assistance to facilitate completion of the application upon: (a) Request from an applicant seeking initial certification; and (b) Request from an existing ADSS seeking certification renewal congruent with timelines established by these rules. (3) The application must be legible and completed on the forms furnished by the Division in the manner specified by the Division. Each application must include: (a) Written attestation by the applicant that all applicable rules of the Division for provision of the proposed services shall be met and maintained in substantial compliance with applicable rules; and (b) Written attestation by the applicant of no potential or actual conflict of interest with any DUII services provider including financial gain or avoidance of financial detriment to self or a relative or business with which the applicant or ADSS is associated, except as provided for in OAR 415-054-0545 through 415-054-0570. (4) Timeframe for application submission: (a) An applicant seeking initial certification under these rules must submit a completed application at least six months in advance of the applicant’s desired date of certification; (b) An applicant seeking to renew their certificate must: (A) Request a renewal application from the Division; and (B) Submit a complete application for recertification, which includes current court designations, at least six months prior to the expiration of the existing certificate. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0467 Response to Application (1) Upon receipt of application materials, the Division shall conduct a comprehensive audit of the application materials to determine compliance with these rules: (a) Within 60 days of the Division’s receipt of a complete application compliant with these rules, the Division shall notify the applicant that the application has been accepted as complete; (b) Within 60 days of the Division’s receipt of an incomplete application, the Division shall provide written feedback describing any necessary amendment to the application prior to resubmission. To resubmit, the applicant must submit an amended application to the Division for review within 21 calendar days of receipt of the Division’s written feedback. (2) When an application is denied, the Division shall issue a written notice of denial within 14 days of the determination. (3) Applications for certification shall be denied when: (a) The applicant does not meet the minimum qualifications in OAR 415-054-0463; (b) The applicant is found to have disqualifying convictions or conditions by the Background Check Unit; (c) The applicant fails to demonstrate substantial compliance with applicable statutes, administrative rules, or other applicable regulations; (d) The applicant fails to re-submit complete application materials within 21 calendar days of receipt of the Division’s written feedback; (e) The applicant timely re-submits the application, but the Division finds the re-submitted application remains incomplete or fails to demonstrate substantial compliance with applicable statutes, administrative rules, or other applicable regulations; (f) The applicant submits an application within 180 days of a prior application denial or certificate revocation under these rules by the Division. (4) The Division may elect to deny an application prior to review when: (a) The applicant has previously had any certification or license suspended or revoked by the Division, the Authority, the Department of Human Services, or any other similar state agency outside of Oregon; (b) The applicant has been denied certification due to failure to submit complete application materials two or more times within the previous three calendar years; (c) The applicant is listed on any current Medicaid exclusion list under OAR 410-120-1380(1)(c)(J); or (d) The applicant submits false or inaccurate information to the Division. (5) An applicant may withdraw an initial or renewal application at any time prior to the Division acting on the application unless the Division has determined that the applicant submitted false or misleading information; in which case, the Division may refuse to accept the withdrawal and may issue a notice of proposed denial. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0468 Appealing Denial of Application for Certification (1) When the Division has denied an application, an applicant may request, in writing, an appeal review by the Chief Officer: (a) To obtain review, the applicant must submit a written request for the appeal review to the Division within 14 calendar days of receipt of the notice of denial; (b) The Chief Officer, whose decision is final, must conduct an appeal review meeting within 30 days of receipt of the applicant’s written request; (c) If the Chief Officer overturns the denial, the Division shall issue written notice to the applicant within 14 calendar days of the appeal review meeting. The notice shall inform the applicant of the outcome and shall either: (A) Include an approved certification; or (B) Include written notice of required amendment to application materials and a timeframe for re-submission. (2) If the Chief Officer affirms the denial, the notice of denial shall become final, the application closed, and a notice of the appeal review outcome mailed to the applicant within 14 days of the appeal review meeting. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0469 Types of Reviews (1) The Division may conduct the following types of certification reviews: (a) Within six months of initial certification as an ADSS, Division staff shall complete a comprehensive audit of the required application documentation and a comprehensive audit of the service delivery locations to ensure compliance with applicable statute, administrative rules, other applicable regulations, and contractual obligations; (b) Certification renewal reviews must occur prior to the expiration of the existing certificate and at least once every three years; (c) The Division may conduct discretionary certification reviews: (A) With reasonable notice to ensure compliance with applicable statute, administrative rules, other applicable regulations, and contractual obligations; (B) With or without notice for the following reasons: (i) The Division has reasonable concern the ADSS may act to alter records or make them unavailable for inspections; (ii) The Division has received a complaint or information that suggests or alleges conditions or practices that could threaten the health, safety, rights, or welfare of individuals; or (iii) The Division has reason to believe a certification review is necessary to ensure an ADSS is in substantial compliance with these rules, service delivery rules, other applicable administrative rules, contractual obligations or with conditions placed on the certificate. (2) If Division staff may not access records or service delivery locations for the purpose of conducting a certification review, the Division may take action on the certificate up to and including the application of conditions, suspension, or revocation. (3) At the sole discretion of the Division, Division staff may complete a certification review partially or fully via a desk review process. A desk review process is where Division staff conduct a certification review based on the ADSS or applicant’s submission of required documentation and telephonic interviews where Division staff do not physically visit the service delivery locations: (a) The Division shall furnish a list of documentation necessary to complete the desk review to the applicant or ADSS; (b) The applicant or ADSS must submit all requested documents to the Division in compliance with state and federal privacy and data transmission regulations; (c) The Division may elect to schedule telephone interviews deemed necessary to fulfill the objectives of a certification review; and (d) Upon completion of the desk review, the Division shall securely dispose of documentation containing protected health information submitted by the applicant or ADSS. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0472 Issuing Certificates (1) The Division shall issue an approved applicant a certificate to provide ADSS services. Every certificate shall: (a) Be signed by the DUII Coordinator and Chief Officer; (b) List the courts that have designated the ADSS; (c) List the service delivery rules under which the applicant or ADSS is approved to provide services; (d) List the effective and expiration dates of the certificate; (e) List any conditions applied to the certificate; (f) List any variances approved by the Division; and (g) Be accompanied by a letter from the Division noting: (A) The courts that have designated the ADSS; and (B) Approved alternative practices related to variances listed on the certificate. (2) The Division shall issue initial certificates to new applicants whose applications demonstrate substantial compliance with applicable administrative rules and statutes: (a) For up to six calendar months from the date of approval; and (b) Initial certifications may be issued with conditions pursuant to this rule. (3) After conduct of the certification review and the plan of correction process where applicable, the Division shall renew the certificate of an applicant with a current certification that demonstrates substantial compliance with applicable administrative rules or statutes: (a) For up to three calendar years from the date of renewal; and (b) Renewal certifications may be issued with conditions pursuant to these rules. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0474 Modification to Certification (1) An ADSS with a current certificate seeking to be designated by additional courts must submit a written request for Division approval prior to any such changes: (a) The Division must receive the written request for such changes at least 60 days prior to the desired effective date for any changes; (b) The Division shall make reasonable efforts to make final determination for approval or disapproval of changes to the certificate within 45 days of receiving the written request. (2) When an emergency requires an ADSS to be designated by additional courts prior to Division approval: (a) The ADSS must submit a request to the Division within 15 calendar days of the new designation and include copies of designation documentation as required in OAR 415-054-04669; and (b) The Division shall make every reasonable effort to expediently review the ADSS’s request for the designation and make a final determination. The Division shall provide written notice of its determination. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0475 Nonrenewal, Suspension, and Revocation of Certification (1) Immediate revocation or suspension of a certificate may occur when: (a) The Division finds there is substantial failure to comply with applicable statutes, administrative rules, service delivery rules, or other applicable regulations, such that the Division finds there is a serious danger to the public health or safety; (b) The ADSS demonstrates substantial failure to comply with these administrative rules and other applicable regulations such that the health or safety of individuals is jeopardized to the degree that immediate cessation of services by the ADSS is considered necessary to prevent harm to the individual. (2) The Division may revoke, suspend, or refuse to renew a certificate when the Division determines that there is substantiated evidence of abuse, neglect, or mistreatment or determines that an ADSS: (a) Demonstrates substantial failure to comply with these administrative rules or with applicable state or federal law; (b) Demonstrates a substantial failure to comply with applicable rules and regulations such that the health or safety of individuals is found to be jeopardized during two certification reviews within a six-year period; (c) Has a direct contract with the Division, and the Division terminates its agreement or contract with the ADSS; (d) Fails to comply with the requirements of one or more conditions on the certificate; (e) Fails to submit and or implement a POC sufficient to come into substantial compliance with these and other applicable rules or regulations; (f) Submits falsified or incorrect information to the Division; (g) Refuses to allow access to information for the purpose of verifying compliance with applicable statutes, administrative rules, or other applicable regulations within a specified date or fails to submit such information following the date specified for such a submission in the written notification; or (h) Fails to comply with staff qualification requirements. (3) When the Division determines the need to revoke, suspend, or deny renewal of a certificate issued under these rules, a notice of intent to take action on the certificate shall be issued to the ADSS. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0476 Informal Conference (1) Within ten calendar days of the Division issuance of an Order of Suspension, a notice of intent to revoke or notice of intent to nonrenew (refusal to renew) the certificate to an applicant or ADSS, the Division shall offer the applicant or ADSS an opportunity for an informal conference. The applicant or ADSS shall make its request for an informal conference in writing within seven days of the issuance of notice. Upon receipt of a timely written request, the Division shall select a location and time for such a conference, provided that the conference occurs within 14 days of the Division’s receipt of the request. (2) Following the conference, the Division may: (a) Approve the application or renewal or initiate the process of imposing conditions to certification as described and allowed by these rules as an alternative to denying or revoking certification; (b) Continue to proceed with action on the ADSS’ certificate up to and including suspension, revocation, or refusal to renew the certificate; or (c) Withdraw or amend the order of suspension, notice of intent to revoke, or notice of intent to nonrenew the certificate. (3) The Division shall provide written notice of its decision under section (2) of this rule within 14 calendar days of the informal conference. (4) Informal conferences regarding conditions are set forth in OAR 309-008-0905. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0477 Hearings (1) An applicant or ADSS who is issued a notice of intent to revoke, suspend, or refuse to renew its certificate under these rules shall be entitled to request a hearing in accordance with ORS Chapter 183. (2) When the Division orders the imposition of a condition or orders immediate suspension of a certificate under the provisions of this rule, the ADSS shall be entitled to request a hearing. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0478 Complaints (1) Any individual may file a complaint with the Division concerning an ADSS holding a certificate. The Division may require the complainant to exhaust grievance procedures available through the ADSS prior to initiating an investigation. (2) The Division shall only investigate a complaint concerning an ADSS falling within the Division’s scope and regulatory authority: (a) The Division shall investigate and respond to a complaint pursuant to Division policies and procedures; (b) The Division shall refer the complainant to the appropriate entity if the complaint pertains to an ADSS falling outside the Division’s scope or regulatory authority or otherwise regulated by another state or local entity. (3) Consequences of a substantiated complaint related to the health, safety, or welfare of an individual or the public may result in the suspension, revocation, denial, or refusal to renew an applicant or ADSS’s application or certificate. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0479 Policies (1) All ADSS must develop and implement written personnel policies and specific procedures compliant with these rules including: (a) Mandatory abuse reporting compliant with ORS 430.735 - 430.768 and OAR 943-045-0250 through 943-045-0370; (b) Criminal Records Checks compliant with ORS 181.533 through 181.575 and 943-007-0001 through 0501; and (c) Drug-Free Workplace Act compliant with 45 CFR Part 76. (2) All ADSS must develop and implement written service delivery policies and specific procedures compliant with these rules: (a) Service delivery policies must be available to individuals and family members upon request; and (b) Service delivery policies and procedures must include at a minimum: (A) Fee agreements; (B) Confidentiality and compliance with HIPAA, Federal Confidentiality Regulations (42 CFR, Part 2), and state confidentiality regulations as specified in ORS 179.505 and 192.518 through 192.530; (C) Compliance with Title 2 of the Americans with Disabilities Act of 1990 (ADA); (D) Grievances and appeals; (E) Individual rights; (F) Quality assessment and performance improvement; (G) Trauma informed service delivery consistent with the Division Trauma Informed Services Policy; (H) Provision of culturally and linguistically appropriate services; (I) Crisis prevention and response, including suicide risk assessment and appropriate referral; and (J) Incident reporting. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0481 Individual Rights (1) In addition to all applicable statutory and constitutional rights, every individual receiving services has the right to: (a) Choose from available services and supports that are culturally competent, provided in the most integrated setting in the community and under conditions that are least restrictive to the individual’s liberty, that are least intrusive to the individual, and that provide for the greatest degree of independence; (b) Be referred to a Division approved DUII services provider of the individual’s choice and be free from undue influence or coercion when choosing a provider. (c) Have the role of the court, DUII services provider, and ADSS monitoring process explained where the DUII system is concerned; (d) Be treated with dignity and respect; (e) Confidentiality and the right to consent to disclosure in accordance with ORS 107.154, 179.505, 179.507, 192.515, 192.507, 42 CFR Part 2 and 45 CFR Part 205.50; (f) Inspect their service record in accordance with ORS 179.505; (g) Refuse participation in experimentation; (h) Receive prior notice of transfer, unless the circumstances necessitating transfer pose a threat to health and safety; (i) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation; (j) Have religious freedom; (k) Be free from seclusion and restraint; (L) Be informed at the start of services of the rights guaranteed by this rule; (m) Be informed of the policies and procedures, service agreements and fees applicable to the services provided and to have a custodial parent, guardian, or representative assist with understanding any information presented; (n) Have family and guardian involvement in service planning and delivery; (o) File grievances, including appealing decisions resulting from the grievance; (p) Exercise all rights set forth in ORS 109.610 through 109.697 if the individual is a child, as defined by these rules; (q) Exercise all rights set forth in ORS 426.385 if the individual is committed to the Authority; and (r) Exercise all rights described in this rule without any form of reprisal or punishment. (2) The ADSS must give to the individual and, if appropriate, the guardian a document that describes the applicable individual’s rights as follows: (a) Information given to the individual must be in written form or, upon request, in an alternative format or language appropriate to the individual’s need; (b) The rights and how to exercise them must be explained to the individual and if applicable the guardian; and (c) Individual rights must be posted in writing in a common area. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256, 430.205-430.210, 430.254-430.640, 430.850-430.955, 461.549 & 743A.168 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018