justicedao/ipfs_state_laws huggingface dataset:
333-076-1000 ESC Dietary Services (1) An ESC shall provide dietary services to admitted patients that conforms to Food Sanitation Rules, OAR chapter 333, division 150. (2) An ESC may contract with an external vendor to prepare and deliver food to the ESC. The ESC must: (a) Have a written contract between the food service vendor and the ESC; (b) Have a copy of the food service vendor's license; and (c) Be able to store, refrigerate and reheat food to meet the dietary needs of a patient. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 441.025 & OL 2018 Chapter 50 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1010 ESC Medical Records (1) An ESC medical record shall be maintained for every patient admitted to the ESC for care that is separate and distinct from the affiliated ASC. (2) Each ESC patient medical record shall be legible, reproducible and include at a minimum: (a) A copy of the patient's medical record from the affiliated ASC meeting the requirements of OAR 333-076-0165(2); (b) Laboratory and radiology test results; (c) Medication and medical treatments; (d) Progress notes; (e) Nursing observation and assessment; (f) Treatment plans; (g) Discharge instructions and condition at discharge; (h) Transfer documentation, if applicable; (i) Documentation concerning advance directives, if any; and (j) Signed discharge summary. (3) ESC medical records shall be filed in a manner that renders them easily retrievable and shall be protected against unauthorized access, fire, water and theft. (4) Medical records are the property of the ESC. The medical record, either in original, electronic or microfilm form, shall not be removed from the facility except where necessary for a judicial or administrative proceeding. Authorized personnel of the Authority shall be permitted to review medical records. When an ESC uses off-site storage for medical records, arrangements must be made for delivery of these records to the health care facility when needed for patient care or other health care facility activities. Precautions must be taken to protect patient confidentiality. (5) All medical records shall be kept for a period of at least 10 years after the date of last discharge. Original medical records may be retained on paper, electronic or other media. (6) If an ESC changes ownership all medical records in original, electronic or microfilm form shall remain in the ESC or related institution, and it shall be the responsibility of the new owner to protect and maintain these records. (7) If any ESC shall be finally closed, its medical records may be delivered and turned over to any other health care facility in the vicinity willing to accept and retain the same as provided in section (5) of this rule. (8) All original clinical records or photographic or electronic facsimile thereof, not otherwise incorporated in the medical record, such as X-rays, electrocardiograms, electroencephalograms, and radiological isotope scans shall be retained for seven years after patient's last discharge if professional interpretations of such graphics are included in the medical records. (9) The Authority may require the facility to obtain periodic and at least annual consultation from a qualified medical records consultant, Registered Health Information Administrator (RHIA) or Registered Health Information Technician (RHIT). The visits of the medical records consultant shall be of sufficient duration and frequency to review medical record systems and assure quality records of the patients. Contract for such services shall be available to the Authority upon request. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 441.025 & OL 2018 Chapter 50 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1020 ESC Quality Assessment and Performance Improvement (1) The governing body of an ESC must ensure that there is an effective, facility-wide quality assessment and performance improvement program that demonstrates measurable improvement in patient health outcomes, and improves patient safety by using quality indicators or performance measures associated with improved health outcomes and by the identification and reduction of medical errors. (2) The ESC must measure, analyze, and track quality indicators, adverse patient events, infection control and other aspects of performance that includes care and services furnished in the ESC. Written documentation of quality assessment and performance improvement activities shall be recorded at least quarterly. (3) After an analysis of the causes for adverse events, the ESC must develop and implement facility-wide preventive strategies and ensure that staff are trained in and familiar with these strategies. (4) The ESC must set priorities for its performance improvement activities that: (a) Focus on high risk, high volume and problem prone areas; (b) Consider incidence, prevalence and severity of problems in those areas; and (c) Affect health outcomes, patient safety and quality of care. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 441.025 & OL 2018 Chapter 50 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1030 ESC Infection Control (1) Each ESC shall establish and maintain an active facility-wide infection control program for the control and prevention of infection. The program shall be managed by a qualified individual and overseen by a multi-disciplinary committee which shall be responsible for investigating, controlling and preventing infections in the facility. (2) Each ESC shall be responsible for developing written policies and for annual review of such policies, relating to at least the following: (a) Identification of existing or potential infections in patients, employees, medical staff, and health care practitioners with ESC privileges; (b) Control of factors affecting the transmission of infections and communicable diseases; (c) Provisions for orienting and educating all employees, medical staff, health care practitioners with ESC privileges and volunteers on the cause, transmission, and prevention of infections; (d) Collection, analysis, and use of data relating to infections in the ESC. (3) Each ESC shall be responsible for the development, implementation and annual review of policies under section (2) of this rule. (4) An ESC shall comply with all rules of the Authority for the control of communicable diseases. (5) Written isolation procedures in accordance with the 2007 Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings, incorporated by reference, shall be established and followed by all ESC personnel for control and prevention of cross-infection. Guidelines can be obtained from U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Atlanta, GA 30333 (https://www.cdc.gov/infectioncontrol/guidelines/isolation/). Any guidelines published and distributed by the Authority shall also be taken into consideration. (6) There shall be an employee health screening program for the purpose of protecting patients and employees from communicable diseases, including but not limited to requiring tuberculosis testing for employees in accordance with section (8) of this rule. (7) An ESC shall restrict the work of employees with restrictable diseases in accordance with OAR 333-019-0010. (8) Each ESC shall have a tuberculosis infection control plan that includes provisions for employee assessment and screening for protecting patients and employees from tuberculosis in accordance with OAR 333-019-0041. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 433.004, 433.411, 441.025 & OL 2018 Chapter 50 History: PH 14-2020, amend filed 03/24/2020, effective 03/24/2020 PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1040 ESC Data Collection and Reporting Data collection and reporting shall be conducted pursuant to OAR chapter 409, division 22 and in accordance with Oregon Laws 2018, chapter 50, section 2. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 441.025 & OL 2018 Chapter 50 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1050 Extended Stay Center (ESC) Physical Environment (1) Any person proposing to construct a new extended stay center (ESC), or proposing to make certain alterations or additions to an existing ESC, must, before commencing new construction, alterations, or additions, comply with: (a) OAR chapter 333, division 675 and these rules; and (b) The 2018, FGI, Guidelines for Design and Construction of Outpatient Facilities and the 2018, FGI, Guidelines for Design and Construction of Hospitals, as amended and set out in Appendix 1, both of which are adopted by reference, unless otherwise specified in this rule. (2) An ESC must meet the requirements of any applicable state building and specialty codes in effect at the time of initial licensure. (3) The Oregon Health Authority (Authority) may, upon written request, allow minor variations from these requirements (other than fire and life safety requirements) when conditions make certain changes to ESC impractical to accomplish, as long as the intent of the requirement is met and the care and safety of patients will not be jeopardized. An applicant or ESC must obtain written approval of the Authority, in accordance with OAR 333-076-1065, for any minor variation. (4) An ESC must continue to meet all applicable building and physical environment standards, including but not limited to structural, mechanical, electrical, plumbing, fire and life safety codes as required by this rule that were in effect at the time of license, or the standards that applied at the time of a major alteration or new construction. Each instance of non-compliance with a building or physical environment standard or code is a separate violation. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 441.025, ORS 441.060 & ORS 441.026 Statutes/Other Implemented: ORS 441.025, ORS 441.060 & ORS 441.026 History: PH 7-2025, amend filed 03/01/2025, effective 03/01/2025 PH 18-2019, amend filed 10/01/2019, effective 01/01/2020 PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1065 ESC Waivers (1) While all ESCs 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. A request for a waiver from a rule must be: (a) Submitted to the Authority in writing; (b) Identify the specific rule for which a waiver is requested; (c) The special circumstances relied upon to justify the waiver; (d) Why the ESC is unable to be in compliance, the alternatives considered and why the alternatives were not selected; (e) Demonstrate that the proposed waiver is desirable to maintain or improve the health and safety of the patients, to meet the individual and aggregate needs of patients, and shall not jeopardize patient health and safety; and (f) The proposed duration of the waiver. (2) Upon finding that the ESC has satisfied the conditions of this rule, the Authority may grant a waiver. (3) An ESC may not implement a waiver until it has received written approval from the Authority. (4) During an emergency the Authority may waive a rule that a facility is unable to meet, for reasons beyond the facility’s control. If the Authority waives a rule under this section it shall issue an order, in writing, specifying which rules are waived, which facilities are subject to the order, and how long the order shall remain in effect. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 441.025 & OL 2018 Chapter 50 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1070 ESC Violations In addition to non-compliance with any health care facility licensing law, 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 ESC, its documents or records; (2) Fail to implement an approved plan of correction; (3) Fail to comply with all applicable laws, lawful ordinances and rules relating to safety from fire; (4) Refuse or fail to comply with an order issued by the Authority; (5) Refuse or fail to pay a civil penalty; or (6) Fail to comply with rules governing the storage of medical records following the closure of an ESC. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 441.015, 441.025, 441.030 & OL 2018 Chapter 50 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1080 ESC Informal Enforcement (1) If, during an investigation or survey Authority staff document violations of health care facility licensing laws, the Authority may issue a statement of deficiencies that cites the law alleged to have been violated and the facts supporting the allegation. (2) A signed plan of correction must be received by the Authority within 10 business days from the date the statement of deficiencies was mailed to the ESC. A signed plan of correction will not be used by the Authority as an admission of the violations alleged in the statement of deficiencies. (3) An ESC shall correct all deficiencies within 60 days from the date of the exit conference, unless an extension of time is requested from the Authority. A request for such an extension shall be submitted in writing and must accompany the plan of correction. (4) The Authority shall determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Authority, the Authority shall notify the ESC administrator in writing and request that the plan of correction be modified and resubmitted no later than 10 working days from the date the letter of non-acceptance was mailed to the administrator. (5) If the ESC does not come into compliance by the date of correction reflected on the plan of correction or 60 days from date of the exit conference, whichever is sooner, the Authority may propose to deny, suspend, or revoke the ESC license, or impose civil penalties. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 441.015, 441.025 & OL 2018 Chapter 50 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1090 ESC Formal Enforcement (1) If, during an investigation or survey Authority staff document substantial failure to comply with health care facility licensing laws or if an ESC fails to pay a civil penalty imposed under ORS 441.170, 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 health care facility 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 ESC license, the order shall specify when, if ever, the ESC may reapply for a license. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 441.015, 441.025 & OL 2018 Chapter 50 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-1100 ESC Civil Penalties (1) An ESC that violates a health care facility licensing law, including OAR 333-076-1070 (Violations), is subject to the imposition of a fine not to exceed $500 per day per violation. (2) In addition to the penalties under section (1) of this rule, civil penalties may be imposed for violations of ORS 441.015 to 441.063, 441.086 or program rules. (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 noncompliance with health care facility licensing laws; (c) The violation poses a serious risk to the public's health; (d) The licensee gained financially from the noncompliance; and (e) 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 (3) 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 183.745. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Implemented: ORS 441.030, 441.025, 441.990 & OL 2018 Chapter 50 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-077-0000 Applicability (1) The purpose of OAR chapter 333, division 77 is to establish standards for the licensure of freestanding birthing centers to ensure the health and safety of individuals who receive services from these centers. (2)(a) A freestanding birthing center must comply with these rules. (b) Until June 30, 2026, a birthing center licensed before November 3, 2025, is considered in compliance with these rules if it complies with OAR 333-076-0490 to OAR 333-076-0650 and OAR 333-077-0000 to OAR 333-077-0260 as those rules were in effect on November 2, 2025. NOTE: Rules in effect on November 2, 2025, are available on the Oregon Health Authority’s website: http://www.healthoregon.org/hcrqirules. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.015 - 441.098, ORS 441.990, ORS 441.991 & ORS 442.015 History: PH 23-2025, adopt filed 11/03/2025, effective 11/03/2025
333-077-0015 License Application and Fees (1) A person applying for a new or renewal license to operate a birthing center must submit an application on a form prescribed by the Oregon Health Authority (Authority) and pay the applicable, non-refundable fee specified in ORS 441.020. (2) If an applicant is proposing to construct a new birthing center or proposing to make certain alterations or additions to an existing birthing center, the applicant shall also submit evidence of plans review approval as required by OAR chapter 333, division 675. (3) A birthing center 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 sanctions as described in OAR 333-077-0040. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.020, ORS 441.025 & ORS 441.060 History: PH 23-2025, amend filed 11/03/2025, effective 11/03/2025 PH 121-2024, renumbered from 333-076-0470, filed 12/24/2024, effective 12/24/2024 PH 15-2006, f. & cert. ef. 6-27-06 HD 2-1990, f. 1-8-90, cert. ef. 1-15-90
333-077-0020 Application Review (1) In reviewing an application for a new birthing center, the Oregon Health Authority (Authority) shall: (a) Verify compliance with the applicable sections of ORS chapters 441, 442, these rules and OAR chapter 333, division 675; (b) Conduct an in-person licensing survey in accordance with OAR 333-077-0065; and (c) Consult with the State Fire Marshal, deputy or approved authority to ensure the applicant has not received a certificate of non-compliance pursuant to ORS 479.215. (2) In determining whether to license a birthing center, the Authority may not consider whether the birthing center is or shall be a governmental, charitable or other nonprofit institution or whether it is or shall be an institution for profit. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 & ORS 441.022 History: PH 23-2025, adopt filed 11/03/2025, effective 11/03/2025
333-077-0025 Approval of License Application (1) The Oregon Health Authority (Authority) shall notify an applicant in writing if a license application is approved and shall include the license with the notification. (2) A license shall be issued only for the premises and persons or governmental units named in the application and is not transferable or assignable. (3) The license shall be conspicuously posted in an area where clients are admitted. (4) A birthing center licensed pursuant to the provisions of ORS chapter 441 and these rules shall not, in any manner or by any means: (a) Assume a descriptive title or be held out under any descriptive title other than the classification title established by the Authority and under which the facility is licensed; (b) Assert, represent, offer, provide or imply that such person or birthing center 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 birthing center by the Authority; or (c) Offer or provide any service which is not authorized within the scope of the license issued to the birthing center. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025, ORS 441.015 & ORS 441.022 History: PH 23-2025, adopt filed 11/03/2025, effective 11/03/2025
333-077-0030 Denial of a License Application If the Oregon Health Authority intends to deny a license application, it shall issue a Notice of Intent to Deny in accordance with ORS 183.411 through ORS 183.470. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 & ORS 441.030 History: PH 23-2025, amend filed 11/03/2025, effective 11/03/2025 PH 121-2024, renumbered from 333-076-0530, filed 12/24/2024, effective 12/24/2024 PH 15-2006, f. & cert. ef. 6-27-06 HD 2-1990, f. 1-8-90, cert. ef. 1-15-90
333-077-0035 Expiration and Renewal of License (1) Each license to operate a birthing center shall expire on December 31 of each calendar year following the date of issue. (2) A birthing center shall submit a completed application for renewal on a form prescribed by the Oregon Health Authority (Authority), accompanied by the required fee, to the Authority not less than 30 days prior to the license expiration date. (3) The Authority may issue a renewal license contingent upon evidence of the birthing center's compliance with birthing center licensing laws. (4) A birthing center that fails to timely renew in accordance with section (2) of this rule is no longer eligible for license renewal. (5) The birthing center that fails to timely renew: (a) Must submit an initial application in accordance with OAR 333-077-0015 to seek re-licensure. (b) May not provide services until a new license has been issued. (c) Must comply with all rules in effect at the time that the application seeking re-licensure is submitted. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025, ORS 183.430 & ORS 441.020 History: PH 23-2025, amend filed 11/03/2025, effective 11/03/2025 PH 121-2024, renumbered from 333-076-0510, filed 12/24/2024, effective 12/24/2024 PH 15-2006, f. & cert. ef. 6-27-06 HD 2-1990, f. 1-8-90, cert. ef. 1-15-90
333-077-0040 Denial, Suspension, or Revocation of License (1) The Oregon Health Authority (Authority) may impose a civil penalty or deny, suspend or revoke a birthing center's license for failure to comply with birthing center licensing laws. (2) If the Authority intends to impose a civil penalty or deny, suspend or revoke a birthing center's license, it shall do so in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 & ORS 441.030 History: PH 23-2025, adopt filed 11/03/2025, effective 11/03/2025