justicedao/ipfs_state_laws huggingface dataset:
415-020-0096 Mobile Opioid Treatment Programs and Medication Units (1) Letter of Approval: No person or governmental entity shall operate a Mobile Opioid Treatment Program or medication unit without a letter of approval and certification from the State Opioid Treatment Authority in Oregon. (2) Application Requirement: All entities seeking to operate a Mobile Opioid Treatment Program or Medication Unit must submit to the Division an application request and receive a certificate of approval for the provision of behavioral health treatment services as a Mobile Opioid Treatment Program or Medication Unit. The Mobile Opioid Treatment Program or Medication Unit must meet the criteria under OAR 309-008-0100 to 309-008-1600; in addition, these programs must: (a) Meet the standards set forth in these rules and any other administrative rules applicable to the program; (b) Be affiliated or subsidiary of an established, licensed non-mobile Opioid Treatment Program in the State of Oregon, in good standing at the time of application with no sanctions, penalties or disciplinary actions in place; (c) Comply with the federal regulations contained in 42 CFR Part 2, 42 CFR Part 8, 21 CFR 1300, 21 CFR 1301, and 21 CFR 1304; (d) Develop operational plans for each mobile unit or medication unit operated by the program, which shall be reviewed annually. Operational plans shall at a minimum address the following areas: (A) Staffing; (B) Security; (C) Weather related issues; (D) Mechanical issues or failure of the unit; (E) Unexpected closure of the unit due to any other circumstance, including human caused events; (F) Communication to clients and public related to mobile site location(s) or closures. (3) Renewal: The renewal of a certificate shall be governed by OAR 309-008-0100 to 309-008-1600. (4) Denial, Revocation, Nonrenewal, Suspension: The denial, revocation, nonrenewal, or suspension of a letter of approval or license for an opioid treatment program may be based on any of the grounds set forth in OAR 309-008-1100. (5) Location: All Mobile Opioid Treatment Programs and Medication Units must be affiliated or a subsidiary of an established non-mobile opioid treatment program or non-medication unit, in the State of Oregon, currently certified by Oregon Health Authority (OHA) and the Federal Government: (a) All Mobile Opioid Treatment Programs must return to the opioid treatment program they are linked to, daily, unless the program has received a waiver from the Federal government to locate the mobile unit at an alternate location at the close of business each day; (b) Mobile Opioid Treatment Programs are not allowed to cross state lines to provide services. (6) Federal Protocols: The Mobile Opioid Treatment Program or Medication Unit shall be responsible for filing and maintaining all necessary protocols and documentation required by the US Health and Human Services/Substance Abuse and Mental Health Services Administration, and the US Drug Enforcement Administration. Statutory/Other Authority: ORS 430.256 Statutes/Other Implemented: ORS 430.010(4)(b) & 430.560-430.590 History: ADS 3-2022, adopt filed 11/08/2022, effective 11/08/2022
415-050-0100 Purpose These rules prescribe standards for the development and operation of withdrawal management programs approved by the Division. Statutory/Other Authority: ORS 413.042 & 430.256 Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306 History: ADS 3-2023, amend filed 04/07/2023, effective 04/07/2023 ADS 1-2023, renumbered from 415-050-0000, filed 01/20/2023, effective 01/20/2023 ADS 6-2013, f. & cert. ef. 8-1-13 ADS 3-2013(Temp), f. & cert. ef. 2-4-13 thru 8-2-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 3-1993, f. & cert. ef. 12-6-93, Renumbered from 309-050-0000 MHD 15-1983, f. 7-27-83, cert. ef. 10-25-83, Renumbered from 309-052-0000(1) & (2) MHD 45, f. & cert. ef. 7-20-77 MHD 15(Temp), f. 1-16-74, cert. ef. 2-1-74
415-050-0110 Licensing Standards (1) Withdrawal management programs must be licensed by the Division in accordance with OAR 415-012-0000 to render detoxification services under ORS 430.306, henceforth referred to as withdrawal management services. A License issued to a program must be effective for a duration not to exceed two years from the date of issue and may be renewed, conditioned, denied, suspended, or revoked by the Division in the manner set forth in OAR 415-012. Licensed programs must meet the standards set forth in these rules and all applicable statutes. (2) In addition to any other information requested by the Division, applicants for renewal or initial licensure must provide sufficient detail in their application that the Division may determine the IMD status. Effective January 1, 2022, the IMD status must be determined by the Division to be either: (a) IMD Withdrawal Management; or (b) Non-IMD Withdrawal Management. (3) Currently licensed providers must submit complete withdrawal management applications to render each selected ASAM Level(s) of Care no later than October 1, 2023. (4) Division approved ASAM level(s) of Care must be added to the withdrawal management licenses starting January 1, 2024. (5) In addition to any other information requested by the Division, applicants for renewal or initial licensure must identify in their application the ASAM Level(s) of Care. Effective April 1, 2024, all withdrawal management programs must have a valid license designating one or more of the following ASAM Levels of Care approved by the Division: (a) Adult Clinically Managed Residential Withdrawal Management Services, ASAM Level of Care 3.2-WM; (b) Adult Medically Monitored Inpatient Withdrawal Management Services, ASAM Level of Care 3.7-WM; or (c) Adolescent Medically Monitored Inpatient Withdrawal Management Services, ASAM Level of Care 3.7-WM. (6) Adolescent and adult programs must be licensed separately. (7) Each program must operate within the scope of the service types listed on their license. Unless otherwise limited by the Division, programs with valid licenses for Adult Medically Monitored Inpatient Withdrawal Management, ASAM Level of Care 3.7-WM may render Adult Clinically Managed Residential Withdrawal Management, ASAM Level 3.2-WM. (8) The license must be posted in a common area, able to be viewed at all times. (9) At least every two years the Division must inspect the facility and conduct a review of the program. Statutory/Other Authority: ORS 430.256 Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306 History: ADS 3-2023, amend filed 04/07/2023, effective 04/07/2023 ADS 1-2023, renumbered from 415-050-0010, filed 01/20/2023, effective 01/20/2023 ADS 6-2013, f. & cert. ef. 8-1-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 3-1993, f. & cert. ef. 12-6-93, Renumbered from 309-050-0010 MHD 15-1983, f. 7-27-83, cert. ef. 10-25-83, Renumbered from 309-052-0000 MHD 45, f. & cert. ef. 7-20-77 MHD 15(Temp), f. 1-16-74, cert. ef. 2-1-74
415-050-0150 Supportive Stabilization Services The Program must offer the following services to support stabilization: (1) Motivational counseling, care coordination and case management services. (2) Information to assist patient choice to remain in services for the duration determined by the stabilization plan, including: (a) Health education applicable to the patient’s medical condition, which may include: (A) Information about current medications, side effects of abrupt cessation, and which medications can be removed from the facility by the patient when exiting the program; (B) Information about the potential danger of continued withdrawal in a non-medical setting; (C) The use of opiates after withdrawal and the use of Naloxone; and (D) Ability to return to withdrawal management services. (b) Option to communicate with a support individual when a valid release of information is on file; and (c) Care coordination, information and referral resources that match the patient’s expressed preferences. (3) Program staff or translators fluent in the language and sensitive to the special needs of the population served must be provided as necessary to assist in the delivery of services. (4) Program staff must document a care coordination plan for each patient that is able to engage in such a process during the episode. When this is not possible, the reason(s) must be documented. The care coordination plan must: (a) Identify the patient’s preferences for transition; (b) Contain contact information for any specific referrals made; and (c) Contain the time, date, contact information and type of appointment for any appointment(s) scheduled. Statutory/Other Authority: ORS 413.042 & 430.256 Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306 History: ADS 3-2023, amend filed 04/07/2023, effective 04/07/2023 ADS 1-2023, renumbered from 415-050-0035, filed 01/20/2023, effective 01/20/2023 ADS 6-2013, f. & cert. ef. 8-1-13 ADS 3-2013(Temp), f. & cert. ef. 2-4-13 thru 8-2-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 3-1993, f. & cert. ef. 12-6-93, Renumbered from 309-050-0035 MHD 15-1983, f. 7-27-83, cert. ef. 10-25-83, Renumbered from 309-052-0000(6) MHD 45, f. & cert. ef. 7-20-77 MHD 15(Temp), f. 1-16-74, cert. ef. 2-1-74
415-050-0160 Clinically Managed Residential Withdrawal Management, ASAM Level 3.2-WM In addition to any other requirements described in these rules and applicable statutes, programs approved to render Clinically Managed Residential Withdrawal Management Services, ASAM Level of Care 3.2-WM to adults and must, at a minimum, meet and maintain documentation demonstrating ongoing compliance with each of the following requirements: (1) Programs must render a planned and structured regimen of 24-hour professionally directed evaluation, observation and support for patients who are intoxicated or experiencing moderate substance use withdrawal management to in a residential setting. These programs emphasize peer and social supports. (2) Clinically Managed Residential Withdrawal Management, ASAM Level 3.2-WM Programs that are co-located within a Residential Substance Use Disorders Treatment and Recovery facility licensed by the Division do not require additional licensure under these rules. Patients placed at this ASAM Level of Care must meet the following ASAM dimensional assessment criteria required for ASAM Level of Care 3.2-WM: (a) The patient is experiencing signs and symptoms of moderate withdrawal or there is evidence, based on history or other relevant factors, that moderate withdrawal syndrome is imminent; (b) The moderate withdrawal syndrome is assessed as manageable at this level of care; and (c) The patient scores within a defined range on CIWA-Ar, COWs or other assessment metric for the drug(s) identified for withdrawal management services and meets physician-defined protocol for admission at this Level of Care. (3) Services must include: (a) On-site, active oversight and responsive support 24 hours per day, 7 days per week; (b) Services that safely assist patients through withdrawal without the need for continuous on-site medical personnel; and (c) Medical evaluation and consultation services available 24 hours a day, 7 days per week. Statutory/Other Authority: ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.306 & ORS 430.345-430.375 History: ADS 3-2023, adopt filed 04/07/2023, effective 04/07/2023
415-050-0175 Client Furnishings and Linens (1) Each Program must provide furniture for each patient which must include: (a) A bed with a frame and a clean mattress and pillow; and (b) A private dresser or similar storage area for personal belongings which is readily accessible to the patient. (2) Linens must be provided for each patient and must include: (a) Sheets and pillowcases; (b) Blankets, appropriate in number and type for the season and the patient's comfort; and (c) Towel and washcloth. (3) A locked or otherwise secure storage area, managed by the program and not readily accessible to patient, for safe storage of such items as money and jewelry, or other items the program identifies as not safe to remain in the withdrawal management services area. Statutory/Other Authority: ORS 413.042 & 430.256 Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306 History: ADS 3-2023, amend filed 04/07/2023, effective 04/07/2023 ADS 1-2023, renumbered from 415-050-0075, filed 01/20/2023, effective 01/20/2023 ADS 6-2013, f. & cert. ef. 8-1-13 ADS 3-2013(Temp), f. & cert. ef. 2-4-13 thru 8-2-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 3-1993, f. & cert. ef. 12-6-93, Renumbered from 309-050-0075 MHD 15-1983, f. 7-27-83, ef. 10-25-83, Renumbered from 309-052-0000(6) MHD 45, f. & cert. ef. 7-20-77 MHD 15(Temp), f. 1-16-74, cert. ef. 2-1-74
415-050-0180 Safety The program must the following safety requirements: (1) At no time must the number of patients served exceed the approved capacity; (2) A written emergency plan must be developed and posted next to the telephone used by program staff and must include: (a) Instructions for the program staff or designated patient in the event of fire, explosion, accident, death, or other emergency and the telephone numbers of the local fire department, law enforcement agencies, hospital emergency rooms, and the withdrawal management program's designated physician and on-call back-up program staff; (b) The telephone number of the administrator or supervisor and other individuals to be contacted in case of emergency; and (c) Instructions for the evacuation of patient and program staff in the event of fire, explosion, or other emergency. (3) The withdrawal management program must provide fire safety equipment appropriate to the number of patients served, and meeting the requirements of the State of Oregon Structural Specialty Code and Fire and Life Safety Regulations: (a) The facility and the fire detection and protection equipment must be inspected as required by the State Fire Marshal, and current documentation must be maintained; (b) All flammable and combustible materials must be properly labeled and stored in the original container in accordance with the rules of the State Fire Marshal; and (c) The withdrawal management program must conduct unannounced fire evacuation drills at least monthly. At least once every three months the monthly drill must occur between 10 p.m. and 6 a.m. Written documentation of the dates and times of the drills, time elapsed to evacuate, and program staff conducting the drills must be maintained. (4) At least one program staff who is trained in First Aid and CPR must be onsite at all times Statutory/Other Authority: ORS 430.256 Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306 History: ADS 3-2023, amend filed 04/07/2023, effective 04/07/2023 ADS 1-2023, renumbered from 415-050-0080, filed 01/20/2023, effective 01/20/2023 ADS 6-2013, f. & cert. ef. 8-1-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 3-1993, f. & cert. ef. 12-6-93, Renumbered from 309-050-0080 MHD 15-1983, f. 7-27-83, cert. ef. 10-25-83, Renumbered from 309-052-0000(6) MHD 45, f. & cert. ef. 7-20-77 MHD 15(Temp), f. 1-16-74, cert. ef. 2-1-74
415-050-0185 Sanitation Each Program must comply with the following sanitation standards: (1) All floors, walls, ceilings, window, furniture, and equipment must be kept in good repair, clean, neat, orderly, and free from odors. (2) Each bathtub, shower, hand-washing sink, and toilet must be kept clean and free from odors. (3) The water supply in the withdrawal management program must meet the requirements of the rules of the Health Division governing domestic water supplie s. (4) Soiled linens and clothing must be stored in an area separate from kitchens, dining areas, clean linens and clothing and unrefrigerated food. (5) All measures necessary to prevent the entry into the program of mosquitoes and other insects must be taken. (6) All measures necessary to control rodents must be taken. (7) The grounds of the program must be kept orderly and free of litter, unused articles, and refuse. (8) Garbage and refuse receptacles must be clean, durable, water-tight, insect- and rodent proof and kept covered with a tight-fitting lid. (9) All garbage solid waste must be disposed of at least weekly and in compliance with the rules of the Department of Environmental Quality. (10) Sewage and liquid waste must be collected, treated and disposed of in compliance with the rules of the Department of Environmental Quality. Statutory/Other Authority: ORS 413.042 & 430.256 Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306 History: ADS 3-2023, amend filed 04/07/2023, effective 04/07/2023 ADS 1-2023, renumbered from 415-050-0085, filed 01/20/2023, effective 01/20/2023 ADS 6-2013, f. & cert. ef. 8-1-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 3-1993, f. & cert. ef. 12-6-93, Renumbered from 309-050-0085 MHD 15-1983, f. 7-27-83, cert. ef. 10-25-83, Renumbered from 309-052-0000(6) MHD 45, f. & cert. ef. 7-20-77 MHD 15(Temp), f. 1-16-74, cert. ef. 2-1-74
415-050-0190 Food Service The withdrawal management program must meet the requirements of the State of Oregon Sanitary Code for Eating and Drinking Establishments relating to the preparation, storage, and serving of food. At minimum: (1) Menus must be prepared in advance to provide a sufficient variety of foods served in adequate amounts for each resident at each meal. (2) Records of menus as served must be filed and maintained in the withdrawal management program records for at least 30 days. (3) All modified or special diets must be ordered by an LMP. (4) At least three meals must be provided daily. (5) A variety of snack food options must be accessible to the patients 24 hours per day, 7 days per week. (6) Supplies of staple foods for a minimum of one week and of perishable foods for a minimum of a two-day period must be maintained on the premises. (7) Food must be stored and served at proper temperature. (8) All utensils, including dishes, glassware, and silverware used in the serving or preparation of drink or food for the patient must be effectively washed, rinsed, sanitized, and stored after each patient use to prevent contamination in accordance with Health Division standards. (9) Raw milk and home-canned vegetables, meats, and fish must not be served or stored in a program. Statutory/Other Authority: ORS 430.256 Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306 History: ADS 3-2023, amend filed 04/07/2023, effective 04/07/2023 ADS 1-2023, renumbered from 415-050-0090, filed 01/20/2023, effective 01/20/2023 ADS 6-2013, f. & cert. ef. 8-1-13 ADS 3-2013(Temp), f. & cert. ef. 2-4-13 thru 8-2-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 3-1993, f. & cert. ef. 12-6-93, Renumbered from 309-050-0090 MHD 15-1983, f. 7-27-83, cert. ef. 10-25-83, Renumbered from 309-052-0000(6) MHD 45, f. & cert. ef. 7-20-77 MHD 15(Temp), f. 1-16-74, cert. ef. 2-1-74
415-050-0195 Variances Requirements and standards for requesting and granting variances or exceptions are found in OAR 415-012-0090 Statutory/Other Authority: ORS 413.042 & 430.256 Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306 History: ADS 3-2023, amend filed 04/07/2023, effective 04/07/2023 ADS 1-2023, renumbered from 415-050-0095, filed 01/20/2023, effective 01/20/2023 ADS 6-2013, f. & cert. ef. 8-1-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 3-1993, f. & cert. ef. 12-6-93, Renumbered from 309-050-0095 MHD 15-1983, f. 7-27-83, cert. ef. 10-25-83, Renumbered from 309-052-0000(7) MHD 45, f. & cert. ef. 7-20-77 MHD 15(Temp), f. 1-16-74, cert. ef. 2-1-74
415-052-0100 Purpose These rules prescribe standards for providing financial assistance in the form of loans under 42 U.S.C. 300x-25 to support the establishment of recovery homes for people in recovery from alcohol and drug abuse or dependency. Statutory/Other Authority: ORS 413.042 & 430.256 Statutes/Other Implemented: ORS 90.100 - 90.459, 105.105 - 105.168, 430.265 - 430.920 & 279B History: ADS 2-2009, f. & cert. ef. 12-3-09
415-052-0105 Definitions (1) "Alcohol or drug abuse" means repetitive, excessive use of alcohol, a drug or controlled substance short of dependence, without medical supervision, which may have a detrimental effect on the individual, the family, or society. (2) "Alcohol or drug dependence" means the loss of a person’s ability to control the personal use of controlled substances or other substances with abuse potential, including alcohol, or use of such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic functioning of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance. (3) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority. (4) “In recovery” means an individual who is recovering from alcohol or drug abuse or dependency. (5) “Nonprofit Entity” means a charitable organization that has been approved for tax exemption by the Internal Revenue Code under Section 501(c)(3) or an affiliate of such charitable organization. (6) “Recovery home” means a group home for individuals in recovery, as described in 42 U.S.C. 300x-25, that is developed by a nonprofit entity and prohibits the use of alcohol or any illegal drug on the premises. Recovery homes operate consistent with the following provisions: (a) The use of alcohol or any illegal drugs in the housing is prohibited; (b) Any resident of the housing who violates this prohibition is immediately expelled; (c) The costs of the housing, including fees for rent and utilities, and repayment of the loan, are paid by the residents; and (d) The residents of the housing will, through a majority vote, otherwise establish policies governing residence in the housing, including the manner in which applications for residence in the housing are approved. (7) “Revolving Loan Fund” or "loan" means a fund established under 42 U.S.C. 300x-25 for the purpose of making loans to cover the cost of establishing a recovery home for 6 or more persons in recovery. Statutory/Other Authority: ORS 413.042 & 430.256 Statutes/Other Implemented: ORS 90.100 - 90.459, 105.105 - 105.168, 430.265 - 430.920 & 279B History: ADS 2-2009, f. & cert. ef. 12-3-09
415-054-0461 Purpose (1) These rules: (a) Establish procedures for the application, initial certification, renewal of certification, review, and other actions on a certificate including revocation, denial, suspension, and placement of conditions for the types of services listed in section (2) of this rule; and (b) Prescribe minimum service delivery standards for services and supports provided by providers certified by the Health Systems Division (Division) of the Oregon Health Authority (Authority). (2) These procedural rules apply to Alcohol and Other Drug Screening Specialists (ADSS) and those seeking certification as an ADSS. Statutory/Other Authority: 430.256, 413.042 & 430.357 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0463 Minimum Qualifications (1) Minimum experience requirements for ADSS certification include: (a) A Bachelor Degree in a behavioral health field; or (b) Four years of full-time supervised experience in the behavioral health services field with a minimum of two years of experience providing substance use disorder evaluation or treatment; or (c) A combination of an Associate Degree in a behavioral health field and two years of full-time supervised experience providing substance use disorder evaluation or treatment. (2) Applicants or ADSS recovering from substance use disorders must be able to document continuous abstinence under independent living conditions or recovery housing for the immediate past two years. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: ORS 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018