justicedao/ipfs_state_laws huggingface dataset:
415-012-0000 Purpose and Scope (1) These rules establish procedures for the residential licensure of the following: (a) Any substance use disorder service provider that is or seeks to be contractually affiliated with the Health Systems Division (HSD), a Coordinated Care Organization (CCO), or a local mental health authority for providing residential substance use disorders and problem gambling treatment and recovery services; (b) Any service provider using public funds in the provision of residential substance use disorder prevention, intervention, or treatment services in Oregon; (c) Performing providers under HSD rules OAR 410-172-0600 through 410-172-0860; (d) Organizations seeking approval from the Division for provision of residential services as provided in ORS 430.010 and 443.400 or detoxification services under ORS 430.306; (e) Alcohol and drug evaluation specialists designated to do Driving Under the Influence of Intoxicants (DUII) diagnostic screenings and assessments under ORS 813.020 and 813.260; or (f) Child and Adolescent Integrated Psychiatric and Substance Use Disorders Residential Treatment (IPSR) Programs. (2) These rules do not establish procedures for regulating the following: (a) Behavioral health care practitioners that are otherwise licensed to render behavioral health care services in accordance with applicable statutes; (b) Practices exclusively comprised of behavioral healthcare practitioners that are otherwise licensed to render behavioral healthcare services in accordance with applicable statutes; (c) Outpatient behavioral health treatment services. Statutory/Other Authority: ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.010, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.590, ORS 430.630, ORS 430.850 & ORS 443.400 History: ADS 6-2018, amend filed 12/26/2018, effective 01/09/2019 ADS 5-2018, temporary amend filed 07/17/2018, effective 08/01/2018 through 01/27/2019 ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 8-2016, f. & cert. ef. 12-14-16 ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 ADS 3-2014, f. 6-10-14, cert. ef. 6-19-14 ADS 1-2014(Temp), f. & cert. ef. 1-28-14 thru 7-21-14 ADS 4-2013, f. & cert. ef. 5-3-13 ADS 2-2013(Temp), f. & cert. ef. 1-14-13 thru 7-12-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 2-1993, f. & cert. ef. 11-5-93
415-012-0020 General Requirements (1) Every provider that operates a residential service element by contract with the Division or subcontracts with a local entity or public body or receives public funds for providing substance use disorder or problem gambling prevention, intervention, or treatment services shall have a license and: (a) Providers may not represent themselves as conducting any service described in this rule without first obtaining a license; (b) A provider that does not have a license for conducting a service described in this rule may not admit an individual needing that service; and (c) The license shall be posted in the facility and available for inspection at all times. (2) Licensed providers shall also maintain a current certificate of approval for the provision of outpatient behavioral health treatment services pursuant to OAR 309-008-0100 to 1600 if also providing an outpatient service. (3) Any facility that meets the definition of a residential treatment facility under ORS 443.400 or a detoxification center as defined in ORS 430.306 shall be licensed by the Division: (a) No individual or entity may represent themselves as a residential treatment facility or as a detoxification center without being licensed; (b) A residential treatment facility or a detoxification center that is not licensed may not admit individuals needing residential or detoxification care or treatment; and (c) A license shall be posted in the facility and available for inspection at all times. (4) Approval or licensure of a service element pursuant to this rule does not create an express or implied contract in the absence of a fully executed written contract. Statutory/Other Authority: ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400 History: ADS 6-2018, amend filed 12/26/2018, effective 01/09/2019 ADS 5-2018, temporary amend filed 07/17/2018, effective 08/01/2018 through 01/27/2019 ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 2-2017, f. 6-29-17, cert. ef. 7-1-17 ADS 1-2017(Temp), f. & cert. ef. 2-2-17 thru 7-31-17 ADS 8-2016, f. & cert. ef. 12-14-16 ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 ADS 4-2013, f. & cert. ef. 5-3-13 ADS 2-2013(Temp), f. & cert. ef. 1-14-13 thru 7-12-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 2-1993, f. & cert. ef. 11-5-93
415-012-0030 Application Procedures (1) The Division shall mail an application packet to all applicants seeking residential licensure. (2) All programs applying for the first time for a residential license to operate a treatment or prevention program shall schedule a meeting with the Division for the purpose of receiving needed technical assistance regarding the approval and licensure criteria and procedures. (3) A separate application must be submitted for each location where the provider intends to operate a residential treatment facility. (4) The applicant may withdraw the application at any time during the application process by notifying the Division in writing. At such time, all materials shall be returned to the applicant. Statutory/Other Authority: ORS 430.256 & ORS 413.032 Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & 443.400 History: ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 2-2017, f. 6-29-17, cert. ef. 7-1-17 ADS 1-2017(Temp), f. & cert. ef. 2-2-17 thru 7-31-17 ADS 8-2016, f. & cert. ef. 12-14-16 ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 ADS 4-2013, f. & cert. ef. 5-3-13 ADS 2-2013(Temp), f. & cert. ef. 1-14-13 thru 7-12-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 2-1993, f. & cert. ef. 11-5-93
415-012-0035 Responses To Application (1) Within 60 days upon receipt of application materials, the Division shall conduct a comprehensive audit of the application materials to determine compliance with these rules: (a) If the application is found to be complete and the materials demonstrate compliance with applicable administrative rules, the Division shall contact the applicant to schedule an onsite licensure review; or (b) If the application is not complete or does not demonstrate compliance, the Division shall provide written notice of the incomplete or noncompliant application describing any necessary amendment to the application. The applicant must submit an amended application to the Division within 14 calendar days of receipt of the Division’s notice. (2) If an application is denied: (a) The Division shall issue a written notice of denial within 14 days of the determination; (b) The applicant shall be entitled to a contested case hearing consistent with ORS 183 if the applicant requests a hearing in writing within 60 days of the receipt of the notice; (c) If no written request for a hearing is received within the 60-day timeline, the notice of denial shall become the final order by default, and the Division may designate its file as the record for purposes of order by default. Statutory/Other Authority: ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400 History: ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 2-2017, f. 6-29-17, cert. ef. 7-1-17 ADS 1-2017(Temp), f. & cert. ef. 2-2-17 thru 7-31-17 ADS 8-2016, f. & cert. ef. 12-14-16 ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 ADS 4-2013, f. & cert. ef. 5-3-13
415-012-0052 Onsite Investigations By the Office of Training, Investigations and Safety (OTIS) The Office of Training, Investigations and Safety (OTIS) shall be permitted access to enter to review incidents of alleged abuse in adult Residential Substance Use Disorders Treatment and Recovery Services Programs and Alcohol Detoxification Centers covered by ORS 430.735 through 430.765. (1) This rule is effective January 1, 2020. (2) Reported complaints of alleged abuse shall be investigated in accordance with OAR 407-045-1000 through OAR 407-045-1110; and (3) As a health care oversight and evaluation entity for the State of Oregon, the Division delegates the investigation to the State of Oregon, Office of Training, Investigations and Safety (OTIS), consistent with ORS 430.743 and ORS 430.745. Statutory/Other Authority: ORS 413.032, ORS 413.036, ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.731-430.768, ORS 430.850 & ORS 443.400 History: ADS 1-2021, adopt filed 05/26/2021, effective 05/26/2021
415-012-0057 Organizational Provider Assessment Information In addition to the review procedures outlined in Section 415-012-0055, the Division will ensure that the following minimum information will be obtained during the site reviews; (1) A current program description that reflects the type and scope of behavioral health services provided by the applicant; (2) Provider policies regarding credentialing practices of individual practitioners. The policies must reflect current credentialing standards as defined by nationally accepted accrediting bodies such as The Joint Commission, the National Committee for Quality Assurance, and/or URAC; (3) Copies of the provider’s liability insurance coverage; (4) Copies of the provider’s policies and procedures regarding seclusion and restraint practices; and (5) Copies of the provider’s Code of Conduct. Statutory/Other Authority: ORS 413.042 & 430.256 Statutes/Other Implemented: ORS 430.01030, 430.306, 430.397, 430.405, 430.450, 430.630, 430.850, 443.400, 813.020, 813.260 & 813.500 History: ADS 3-2014, f. 6-10-14, cert. ef. 6-19-14 ADS 8-2013(Temp), f. & cert. ef. 12-20-13 thru 6-18-14
415-012-0058 Availability of Information to Coordinated Care Organizations and Other Health Plans Upon completion of the site review process and the issuance of a license, the Division shall make copies of the following information available to Coordinated Care Organizations and other health plans for the purpose of credentialing a provider: (1) A current program description that reflects the type and scope of behavioral health services provided by the applicant; (2) Provider policies and procedures regarding the provider’s credentialing practices of individual clinicians; (3) Statements of provider’s liability insurance coverage; (4) An attestation from the Authority verifying that the provider has passed a screening and meets the minimum requirements to Medicaid provider; (5) Reports detailing the findings of the Division’s site review of the provider; (6) The provider’s Medicaid Vendor Identification Number issued by the Authority; (7) Copies of the provider’s policies and procedures regarding seclusion and restraint practices; and (8) Copies of the provider’s Code of Conduct. Statutory/Other Authority: ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400 History: ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 3-2014, f. 6-10-14, cert. ef. 6-19-14 ADS 8-2013(Temp), f. & cert. ef. 12-20-13 thru 6-18-14
415-012-0060 Denial, Revocation, or Nonrenewal The Division shall deny an application, a request for renewal, or revoke a license when it finds any of the following: (1) There is a threat to the health, welfare, or safety of an individual or the public; (2) There is substantiated evidence of abuse, neglect, or mistreatment by the applicant, provider, or provider staff; (3) The applicant or provider has substantially failed to comply with applicable administrative rules or with local codes and ordinances or any other state or federal law or regulation; (4) The applicant or provider has had a prior license to operate a substance use disorder or problem gambling treatment program denied, revoked, or refused to be renewed in Oregon within three years preceding the present application for reason of abuse or neglect of individuals: (a) If a prior denial, revocation, or nonrenewal occurred more than three years from the present action, the applicant or provider shall establish to the Division by clear and convincing evidence of the applicant’s, provider’s, or administrator’s ability and fitness to operate a treatment program; (b) If the applicant or provider does not provide such evidence, the Division shall deny the application. (5) The applicant or provider submits fraudulent or untrue information to the Division; (6) The applicant or provider has a history of or currently demonstrates financial insolvency such as filing for bankruptcy, foreclosures, eviction due to failure to a pay rent, termination of utility services due to failure to pay bills, failure to pay taxes such as employment or social security in a timely manner; (7) The applicant or provider refuses to allow immediate access and onsite inspection by the Division; (8) The applicant or provider fails to maintain a number of qualified staff sufficient to meet the treatment and safety needs of individuals or fails to comply with staff qualification requirements; (9) The applicant or provider fails to comply with one or more restrictions or conditions on the license; or (10) The applicant or provider fails to submit or implement a plan of correction sufficient to comply with these and other applicable rules or regulations. Statutory/Other Authority: ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.397, ORS 430.010-430.030, ORS 430.306, ORs 430.405, ORS 430.450, ORs 430.630, ORS 430.850 & ORS 443.400 History: ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 2-2017, f. 6-29-17, cert. ef. 7-1-17 ADS 1-2017(Temp), f. & cert. ef. 2-2-17 thru 7-31-17 ADS 8-2016, f. & cert. ef. 12-14-16 ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 ADS 4-2013, f. & cert. ef. 5-3-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 1-1997, f. & cert. ef. 12-18-97 ADAP 2-1993, f. & cert. ef. 11-5-93
415-012-0065 Suspension of License (1) The Division may impose an immediate suspension order as described in section (2) or may issue a notice of intent to suspend as described in section (3). (2) Immediate suspension orders take effect prior to the opportunity for a hearing. The provider has the opportunity to request a hearing after the immediate suspension order takes effect: (a) For all licenses under these rules, if the Division finds that the health, safety, or welfare of the public are seriously endangered by continued operation of a treatment or prevention program and sets forth specific reasons for its findings, immediate suspension of a license may be ordered. The provider may request a hearing to contest the immediate suspension order. Requests for a hearing must be received by the Division within 90 days from the date the suspension order was served on the provider personally or was mailed by certified or registered mail. If the provider requests a hearing, the hearing shall be held as soon as practicable; (b) For licenses issued under ORS 443.400-443-465, the Division may also order an immediate suspension if the Division finds that there is imminent danger to the health or safety of the residents, pending a fair hearing not later than the 10th day after such suspension pursuant to ORS 443.440. (3) When the Division issues a notice of intent to suspend, the provider has the opportunity to request a hearing prior to the Division ordering the suspension. The Division may issue a notice of intent to suspend a license for any of the following reasons: (a) Violation by the program, its director, or staff of any rule promulgated by the Division; (b) Permitting, aiding or abetting the commitment of an unlawful act within the facilities maintained by the program, or permitting, aiding or abetting the commitment of an unlawful act involving chemical substances within the program; (c) Conduct or practices found by the Division to be detrimental to the general health or welfare of one or more individuals in the program; or (d) Deviation by the program from the plan of operation originally approved or licensed that in the judgment of the Division adversely affects the character, quality, or scope of services intended to be provided to individuals within the program. Statutory/Other Authority: ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400-443.465 History: ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 8-2016, f. & cert. ef. 12-14-16 ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 ADS 4-2013, f. & cert. ef. 5-3-13
415-012-0067 Response to Criminal Records (1) The Division may deny, refuse to renew, suspend, or revoke a license if: (a) Any of the program's staff within the previous three years has been convicted of: (A) Any crime or violation under ORS chapter 475 including but not limited to the Uniform Controlled Substances Act or under ORS 813.010 driving under the influence of intoxicants; (B) A substantially similar crime or violation in any other state; or (C) Any felony. (b) Any of the program's staff has entered into within the past three years a diversion agreement under ORS 813.010 or 135.907 through 135.921 or a diversion agreement under a substantially similar law in any other state. (2) The Division may make criminal record inquiries necessary to ensure implementation of these rules. Statutory/Other Authority: ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400 History: ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 8-2016, f. & cert. ef. 12-14-16 ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 ADS 4-2013, f. & cert. ef. 5-3-13
415-012-0070 Hearings (1) If a license is subject to a notice of intent to suspend, nonrenew, or revoke: (a) The provider shall be entitled to a hearing, as outlined in ORS chapter 183, preceding the effective date of the denial, suspension, nonrenewal, or revocation if requested in writing within 21 days after receipt of the notice; (b) If no timely written request is received, the notice shall become the final order by default and the assistant director may designate the Division file as the record for purposes of order by default. (2) Programs that wish to contest the suspension, nonrenewal, or revocation of their license shall have an opportunity for a hearing by the Division according to the Attorney General's Model Rules of Procedure. Statutory/Other Authority: ORS 430.256 Statutes/Other Implemented: ORS 430.397, ORS 430.010-430.030, ORS 430.306, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400 History: ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 Reverted to ADS 4-2013, f. & cert. ef. 5-3-13 ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 ADS 4-2013, f. & cert. ef. 5-3-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 2-1993, f. & cert. ef. 11-5-93
415-012-0080 Complaints (1) Any person who believes that administrative rules have been violated may file a complaint with the Division: (a) The Division may require that complainant exhaust grievance procedures available to them through the provider prior to initiation of an investigation; (b) The Division shall investigate complaints and notify the provider of the results of the investigation and any proposed action. (2) A record shall be maintained by the Division of all complaints and any action taken on the complaint and shall: (a) Be placed into the public file. Any information regarding the investigation of the complaint may not be filed in the public file until the investigation has been completed; (b) Protect the identification of the complainant; and (c) Treat the identities of the witnesses and individuals as confidential information. (3) Any person may inspect and receive a photocopy of the public complaint files maintained by the Division upon requesting an appointment to do so. A fee shall be charged in accordance with OAR chapter 407, division 003. (4) Providers who acquire substantiated complaints pertaining to the health, safety, or welfare of individuals may have their licenses suspended, revoked, or not renewed and arrangements made to move the individuals. (5) The provider shall not retaliate against any individual for filing a complaint with the Division by: (a) Increasing charges, decreasing services, rights, or privileges; (b) Threatening to increase charges or decrease services, rights, or privileges; (c) Taking or threatening to take any action to coerce or compel the individual to leave the facility; or (d) Abusing or threatening to harass or abuse an individual in any manner. (6) The provider may not retaliate against any complainant, witness, or employee of a facility for making a report to or being interviewed by the Division about a complaint including restriction to access to the service or to an individual or, if an employee, to dismissal or harassment. Statutory/Other Authority: ORS 430.256 Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400 History: ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 4-2013, f. & cert. ef. 5-3-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADS 2-2007, f. & cert. ef. 5-25-07 ADAP 2-1993, f. & cert. ef. 11-5-93