justicedao/ipfs_state_laws huggingface dataset:
411-325-0360 Psychotropic Medications and Medications for Behavior in 24-Hour Residential Programs and Settings (1) When an individual receives support from a provider for the administration of psychotropic medications and medications for behavior, the medications must be: (a) Prescribed by a physician or health care provider through a written order; and (b) Monitored by the prescribing physician or health care provider, ISP team, and provider for desired responses and adverse consequences. (2) When medication is first prescribed and annually thereafter, the provider must obtain a signed balancing test from the prescribing health care provider using the Department Balancing Test Form (form 4110) or by inserting the required form content into forms maintained by the provider. Providers must present the physician or health care provider with a full and clear description of the behavior and symptoms to be addressed, as well as any side effects observed. (3) The provider must keep signed copies of the Balancing Test Forms required in section (2) of this rule in the medical record for the individual for seven years. Statutory/Other Authority: ORS 409.050, 427.104, 430.662, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 1-2026, amend filed 01/12/2026, effective 01/15/2026 APD 11-2025, temporary amend filed 07/17/2025, effective 07/21/2025 through 01/16/2026 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0370 Individuals' Personal Property (1) The service provider must prepare and maintain an accurate individual written record of personal property that has significant or monetary value to each individual as determined by a documented ISP team or legal representative decision. (2) The record must include: (a) The description and identifying number, if any; (b) Date of inclusion in the record; (c) Date and reason for removal from the record; (d) Signature of staff making each entry; and (e) A signed and dated annual review of the record for accuracy. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 & 443.455 Statutes/Other Implemented: ORS 443.400 - 443.455 History: SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0380 Handling and Managing Individuals' Money (1) A provider must have and implement written policies and procedures for the handling and management of individuals' money. Such policies and procedures must provide for: (a) An individual to manage his or her own funds unless the ISP documents an individualized need for support to manage personal funds; (b) Safeguarding of an individual's funds; (c) Individuals receiving and spending their money; and (d) Taking into account an individual's interests and preferences. (2) For an individual identified as needing support to manage their own money, as identified in the individual’s ISP, a provider must prepare and maintain an accurate written record for the individual of all money received or disbursed on behalf of or by the individual. The record must include: (a) The date, amount, and source of income received; (b) The date, amount, and purpose of funds disbursed; and (c) Signature of the staff making each entry. (3) A provider must reimburse an individual any funds that are missing due to theft or mismanagement on the part of any staff member of the home or for any funds within the custody of the provider that are missing. Such reimbursement must be made within 10 business days of the verification that funds are missing. Statutory/Other Authority: ORS 409.050, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 13-2019, amend filed 02/14/2019, effective 02/15/2019 SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0410 Community Living Supports (1) All individuals considered for community living supports must: (a) Be referred by the CDDP, Brokerage, or Department; and (b) Not be discriminated against because of race, color, creed, age, disability, national origin, gender, religion, duration of Oregon residence, method of payment, or other forms of discrimination under applicable state or federal law. (2) Relief care services may not be provided for more than 14 consecutive days to a single individual. (3) Exit meetings are waived for individuals receiving community living supports. (4) Individuals receiving community living supports do not have appeal rights regarding entry, exit, or transfer. (5) A provider certified and endorsed under OAR chapter 411, division 323 to operate a 24-hour residential program does not require an endorsement under OAR chapter 411, division 450 to deliver community living supports when the community living supports are in or based out of a 24-hour residential setting licensed under these rules. Unless as part of a recreational outing, a provider endorsed to operate a 24-hour residential program may not deliver community living supports away from the licensed 24-hour residential setting. Statutory/Other Authority: 409.050, 410.070, 443.450 & 443.455 Statutes/Other Implemented: ORS 443.400 - 443.455 History: APD 24-2016, f. & cert. ef. 6-29-16 SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0440 Children’s Direct Contracted Services Any documentation or information required for children's direct contracted developmental disability services to be submitted to the CDDP services coordinator must also be submitted to the Department's residential services coordinator assigned to the home. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 & 443.455 Statutes/Other Implemented: ORS 443.400 - 443.455 History: SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 23-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13 SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0445 Notification of School District - Homes Serving Five or More Children (1) Prior to establishing a home with a capacity to serve five or more children or expanding the capacity of an existing home to serve five or more children, a provider must notify in writing and confer with the superintendent or the district school board of any substantially affected school district to determine the impact of the expanded capacity upon the facilities and program of the district. (2) Notification required in section (1) of this rule must occur at least three months prior to the establishment or expansion of capacity to serve five or more children. The three-month notification period may be waived by agreement of the provider and the affected school district. (3) The notification of school district requirement does not apply to temporary changes in capacity that are less than 30 calendar days in duration. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 43-2019, adopt filed 10/29/2019, effective 11/01/2019
411-325-0470 License Denial, Suspension, Revocation, and Refusal to Renew for 24-Hour Residential Programs and Settings (1) The Department shall deny, suspend, revoke, or refuse to renew a license where the Department finds there has been substantial failure to comply with these rules or where the State Fire Marshal or the State Fire Marshal's representative certifies there is failure to comply with all applicable ordinances and rules relating to safety from fire. (2) The Department shall suspend the home license where imminent danger to health or safety of individuals exists. (3) The Department shall deny, suspend, revoke, or refuse to renew a license where it finds that a provider is on the current Centers for Medicare and Medicaid Services list of excluded or debarred providers. (4) Revocation, suspension, or denial is done in accordance with the rules of the Department and ORS chapter 183. (5) Failure to disclose requested information on the application or provision of incomplete or incorrect information on the application constitutes grounds for denial or revocation of the license. (6) The Department shall deny, suspend, revoke, or refuse to renew a license if the licensee fails to implement a plan of correction or comply with a final order of the Department imposing an administrative sanction, including the imposition of a civil penalty. (7) The Department may revoke a license if a responsible person; (a) Fails to comply with an investigation described in OAR 411-323-0040(1). (b) Alters, conceals, destroys, or otherwise manipulates records or directs an employee to alter, conceal, destroy, or otherwise manipulate records. (c) Engaged in persistent, egregious acts or failures to act that led to, or would reasonably be expected to lead to, serious harm to an individual. Statutory/Other Authority: ORS 409.050, 427.104, 430.662, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 409.010, 427.007, 427.026, 427.101, 427.104, 430.215, 430.610, 430.662, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 1-2026, amend filed 01/12/2026, effective 01/15/2026 SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0480 Criminal Penalties (1) Violation of any provision of ORS 443.400 to 443.455 is a Class B misdemeanor. (2) Violation of any provision of ORS 443.881 is a Class C misdemeanor. Statutory/Other Authority: ORS 409.050, 443.450 & 443.455 Statutes/Other Implemented: ORS 443.400 - 443.455 History: SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-328-0550 Statement of Purpose (1) The rules in OAR chapter 411, division 328 prescribe standards for providers that support individuals with intellectual or developmental disabilities in a supported living setting and the procedures for the certification and endorsement of supported living settings under the rules in OAR chapter 411, division 323. (2) These rules incorporate the provisions for home and community-based services and settings and person-centered service planning set forth in OAR chapter 411, division 004. These rules and the rules in OAR chapter 411, division 004 ensure individuals with intellectual or developmental disabilities receive services in settings that are integrated in and support the same degree of access to the greater community as people not receiving home and community-based services. (3) Supported living provides the opportunity for an individual to live in the residence of his or her choice within the community with recognition that the needs and preferences of the individual may change over time. The levels of support for the individual are based upon individual needs and preferences as identified in a functional needs assessment and defined in an Individual Support Plan. Such services may include up to 24 hours per day of paid supports that are provided in a manner that protects the dignity of the individual. (4) These rules ensure that providers meet basic management, programmatic, health and safety, and human rights regulations for individuals receiving services funded by the Department in supported living settings. The provider is responsible for developing and implementing policies and procedures that ensure that the requirements of these rules are met and ensuring services comply with all applicable local, state, and federal laws and regulations. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.662 & 430.670 History: APD 23-2016, f. & cert. ef. 6-29-16 APD 33-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0550 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0570 Program Management for Supported Living Programs (1) CERTIFICATION, ENDORSEMENT, AND ENROLLMENT. To provide services in a supported living setting, the provider must have: (a) A certificate and an endorsement to provide services in a supported living setting as set forth in OAR chapter 411, division 323; (b) An Agency Identification Number assigned by the Department as described in OAR chapter 411, division 370; and (c) A Medicaid Performing Provider Number assigned by the Department as described in OAR chapter 411, division 370. (2) INSPECTIONS AND INVESTIGATIONS. The provider must allow inspections and investigations as described in OAR 411-323-0040. (3) MANAGEMENT AND PERSONNEL PRACTICES. The provider must comply with the management and personnel practices as described in OAR 411-323-0050. (4) PERSONNEL FILES AND QUALIFICATION RECORDS. The provider must maintain written documentation of six hours of pre-service training prior to supervising individuals that includes mandatory abuse reporting training and training on individual profiles, Transition Plans, and ISPs. (5) CONFIDENTIALITY OF RECORDS. The provider must ensure the confidentiality of the records for individuals as described in OAR 411-323-0060. (6) DOCUMENTATION REQUIREMENTS. Unless stated otherwise, all entries required by these rules must comply with the agency documentation requirements described in OAR 411-323-0060. (7) ABUSE AND INCIDENT HANDLING AND REPORTING. Complaints of abuse and the occurrence of serious incidents must be treated as described in OAR 411-323-0063. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 430.610, 430.662 & 430.670 History: APD 1-2026, amend filed 01/12/2026, effective 01/15/2026 APD 11-2025, temporary amend filed 07/17/2025, effective 07/21/2025 through 01/16/2026 APD 42-2019, amend filed 10/29/2019, effective 11/01/2019 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 1-2012, f. & cert. ef. 1-6-12 Reverted to SPD 13-2011, f. & cert. ef. 7-1-11 SPD 13-2011, f. & cert. ef. 7-1-11 SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11 SPD 5-2011(Temp), f. & cert. ef. 2-7-11 thru 8-1-11 Renumbered from 309-041-0570 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0620 Variances (1) The Department may grant a variance to these rules based upon a demonstration by the provider that an alternative method or different approach provides equal or greater program effectiveness and does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws. (2) The provider requesting a variance must submit a written application to the CDDP that contains the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) The alternative practice, service, method, concept, or procedure proposed; and (d) If the variance applies to the services of an individual, evidence that the variance is consistent with the currently authorized ISP for the individual. (3) The CDDP must forward the signed variance request form to the Department within 30 days from the receipt of the request indicating the position of the CDDP on the proposed variance. (4) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the provider, the CDDP, and to all relevant Department programs or offices within 30 days from the receipt of the variance request. (5) The provider may request an administrative review of the denial of a variance request. The Department must receive a written request for an administrative review within 10 business days from the receipt of the denial. The provider must send a copy of the written request for an administrative review to the CDDP. The decision of the Director is the final response from the Department. (6) The duration of the variance is determined by the Department. (7) The provider may implement a variance only after written approval from the Department. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.630 & 430.670 History: APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 1-2012, f. & cert. ef. 1-6-12 Renumbered from 309-041-0620 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0625 Supported Living Provider Owned, Controlled, or Operated Residential Settings (1) When an individual resides in a provider owned, controlled, or operated residential setting, the provider must assure the setting complies with the qualities in OAR 411-004-0020 no later than September 1, 2018. (2) Settings are considered provider owned, controlled, or operated when the provider authorized to deliver services to the individual: (a) Owns, rents, leases, or co-leases the setting where the services are delivered; or (b) Has a direct or indirect financial relationship with the owner of the property. (3) INDIVIDUALLY-BASED LIMITATIONS. (a) A provider may not place any limitations to the following freedoms without an individually-based limitation: (A) Support and freedom to access the individual's personal food at any time. (B) Visitors of the individual's choosing at any time. (C) A lock on the individual's unit, lockable by the individual. (D) Choice of a roommate, if sharing a bedroom. (E) Freedom to furnish and decorate the individual's home as the individual chooses. (F) Freedom and support to control the individual's schedule and activities. (G) Freedom from restraint, except in accordance with the standards for developmental disabilities services set forth in ORS 443.739, OAR chapter 411, or the relevant Title XIX Medicaid-funding authority. (b) When an individual's freedom in subsection (a) of this section may not be met due to a threat to the health and safety of the individual or others, an individually-based limitation must be authorized and documented in the individual's ISP in accordance with OAR 411-415-0070. (c) A provider is responsible for all of the following: (A) Maintaining a copy of the completed and signed form documenting an individual's consent to the appropriate individually-based limitation. The form must be signed by the individual or the individual's legal representative, if applicable. (B) Regular collection and review of data to measure the ongoing effectiveness of, and the continued need for, the individually-based limitation. (C) Requesting a review of the individually-based limitation when a new individually-based limitation is indicated or change or removal of an individually-based limitation is needed. (4) Supported living services may not be initiated in a provider owned, controlled, or operated setting that was previously licensed under OAR 411-325-0040 or OAR 411-325-0070 without prior approval from the Department. Approval will not be given unless the agency can demonstrate: (a) It is the informed choice of all the residents of the licensed setting to receive supported living services; and (b) Each resident will have 1:1 staffing when they require support; and (c) There are no more than two residents in the setting. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 430.610, 430.662 & 430.670 History: APD 1-2026, amend filed 01/12/2026, effective 01/15/2026 APD 29-2017, amend filed 11/30/2017, effective 12/01/2017 APD 23-2016, f. & cert. ef. 6-29-16 APD 33-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
411-328-0640 Dietary (1) The provider is responsible for providing the support and guidance identified in the ISP to ensure individuals are provided access to a nutritionally adequate diet. (2) Written dietary supports must be developed as required by an ISP team and integrated into a Transition Plan or ISP. The plan must be based on a review and identification of the dietary service needs and preferences of an individual and updated annually or as significant changes occur. (3) The provider must have and implement policies and procedures related to maintaining adequate food supplies and meal planning, preparation, service, and storage. (4) The provider must support the freedom of the individual to have access to the individual’s personal food at any time. Statutory/Other Authority: 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.662 & 430.670 History: APD 23-2016, f. & cert. ef. 6-29-16 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0640 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0650 Physical Environment (1) All floors, walls, ceilings, windows, furniture, and fixtures must be maintained. The interior and exterior must be safely maintained and accessible according to the needs of the individuals. (2) The water supply and sewage disposal must meet the requirements of the current rules of the Oregon Health Authority governing domestic water supply. (3) Each residence must have: (a) A kitchen area for the preparation of hot meals; and (b) A bathroom containing a properly operating toilet, handwashing sink, and a bathtub or shower. (4) Each residence must be adequately heated and ventilated. Statutory/Other Authority: 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.662 & 430.670 History: APD 23-2016, f. & cert. ef. 6-29-16 APD 33-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0650 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92