justicedao/ipfs_state_laws huggingface dataset:
411-325-0070 License Renewal for 24-Hour Residential Settings (1) A license is renewable upon submission of an application to the Department and the payment of the required non-refundable fee, except that no fee is required of a governmental owned home. (2) Filing of an application and required fee for renewal prior to the expiration date of a license extends the effective date of the license until the Department acts upon the renewal application. If the renewal application and fee are not submitted prior to the expiration date of a license, the home is unlicensed and subject to the civil penalties described in OAR 411-325-0460. (3) The Department shall conduct a licensing review of a home prior to the renewal of a license. The licensing review shall be unannounced, conducted 30-120 calendar days prior to expiration of the license, and review compliance with these rules and the rules in OAR chapter 411, divisions 004, 304, 318, and 323. (4) The Department may not renew a license if the home is not substantially in compliance with these rules or if the State Fire Marshal or the State Fire Marshal's authorized representative has given notice of noncompliance according to ORS 479.220. (5) For purposes of license renewal, the number of residents in the licensed setting may not exceed the number identified on the license to be renewed unless approved by the Department. 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 22-2023, temporary amend filed 12/18/2023, effective 01/01/2024 through 06/28/2024 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
411-325-0090 Change of Ownership, Legal Entity, Legal Status, Management Corporation (1) The service provider must notify the Department in writing of any pending change in ownership or legal entity, legal status, or management corporation. (2) A new license is required upon change in ownership, legal entity, or legal status. The service provider must submit a license application and required fee at least 30 days prior to change in ownership, legal entity, or legal status. 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
411-325-0110 Variances (1) The Department may grant a variance to these rules based upon a provider's demonstration that an alternative method or different approach provides equal or greater effectiveness and does not violate state or federal laws or adversely impact individuals' welfare, health, safety, or rights. (2) A provider must submit a variance request to the CDDP. The variance request must be on the applicable Department form and contain 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 for an individual, evidence the variance is consistent with the individual's currently authorized ISP. (3) 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 calendar days from the date of the variance request. (4) A 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 date 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. (5) The duration of the variance is determined by the Department. (6) A provider may implement a variance only after written approval from the Department. 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 APD 24-2016, f. & cert. ef. 6-29-16 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 APD 24-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 1-2012, f. & cert. ef. 1-6-12 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0130 Food and Nutrition (1) A provider must support an individual's freedom to have access to his or her personal food at any time. A limitation may only be used when there is a health or safety risk and written informed consent is obtained as described in OAR 411-325-0430 and OAR 411-004-0040. (2) Three nutritious meals and two snacks must be provided daily. Meals must be offered at times consistent with those in the community. (a) Each meal must include food from the basic food groups according to the United States Department of Agriculture (USDA) and include fresh fruit and vegetables when in season, unless otherwise specified in writing by a health care provider. (b) Food preparation must include consideration of cultural and ethnic backgrounds, as well as the food preferences of individuals. Special consideration must be given to individuals with chewing difficulties and other eating limitations as described in section (3) of this rule. (c) If an individual misses or plans to miss a meal at a scheduled time, or requests an alternate mealtime, an alternative meal must be made available. Individuals are not restricted to specific mealtimes and are encouraged to choose when, where, and with whom to eat. (d) Provision of food beyond the required three meals and two snacks are the responsibility of the individual. (3) MODIFIED OR SPECIAL DIETS. For an individual with a modified or special diet ordered by a physician or health care provider, a provider must: (a) Have menus for the current week that provide food and beverages that consider the preferences of the individual and are appropriate to the modified or special diet; and (b) Maintain documentation that identifies how the modified or special diets is prepared and served to the individual. (4) Unpasteurized milk and juice and home canned meats and fish may not be served or stored in a home. (5) A provider must maintain adequate supplies of staple foods for a minimum of one week and perishable foods for a minimum of two days on the premises. (6) Food must be stored, prepared, and served in a sanitary manner. 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 APD 24-2016, f. & cert. ef. 6-29-16 APD 34-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 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
411-325-0180 Individual Summary Sheets A provider must maintain a current one to two page summary sheet for each individual receiving services from the provider. The record must include: (1) The name of the individual and his or her current address, previous address if the individual has lived in the home less than one year, date of entry into the home, date of birth, gender, marital status (for individuals 18 or older), religious preference, preferred hospital, medical prime number and private insurance number (if applicable), and guardianship status; and (2) The name, address, and telephone number of the following (if applicable): (a) The legal or designated representative, family, and people significant to the individual, and for a child, the parent and educational surrogate; (b) The primary care provider and clinic preferred by the individual; (c) The dentist preferred by the individual; (d) The identified pharmacy preferred by the individual; (e) The school, day program, or employer of the individual; (f) The case manager of the individual, and for Department direct contracts, the Department representative; and (g) Other agencies and representatives providing services and supports to the individual. (3) For a child under the age 18, any court-ordered or contacts or limitations authorized by the child's legal representative must also be included on the individual summary sheet. 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 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
411-325-0185 Emergency Information (1) A provider must maintain emergency information for each individual receiving services from the home in addition to the individual summary sheet described in OAR 411-325-0180. (2) The emergency information must be kept current and must include: (a) The name of the individual; (b) The name, address, and telephone number of the provider; (c) The address and telephone number of the home where the individual lives; (d) The physical description of the individual, which may include a picture and the date the picture was taken, and identification of: (A) The race, gender, height, weight range, hair, and eye color of the individual; and (B) Any other identifying characteristics that may assist in identifying the individual if the need arises, such as marks or scars, tattoos, or body piercings. (e) Information on the abilities and characteristics of the individual including: (A) How the individual communicates; (B) The language the individual uses or understands; (C) The ability of the individual to know and take care of bodily functions; and (D) Any additional information that may assist a person not familiar with the individual to understand what the individual may do for him or herself. (f) The health support needs of the individual, including: (A) Diagnosis; (B) Allergies or adverse drug reactions; (C) Health issues that a person needs to know when taking care of the individual; (D) Special dietary or nutritional needs, such as requirements around the textures or consistency of foods and fluids; (E) Food or fluid limitations due to allergies, diagnosis, or medications the individual is taking that may be an aspiration risk or other risk for the individual; (F) Additional special requirements the individual has related to eating or drinking, such as special positional needs or a specific way foods or fluids are given to the individual; (G) Physical limitations that may affect the ability of the individual to communicate, respond to instructions, or follow directions; and (H) Specialized equipment needed for mobility, positioning, or other health-related needs. (g) The emotional and behavioral support needs of the individual, including: (A) Mental health or behavioral diagnosis and the behaviors displayed by the individual; and (B) Approaches to use when dealing with the individual to minimize emotional and physical outbursts. (h) Any court ordered or legal representative authorized contacts or limitations; (i) The supervision requirements of the individual and why; and (j) Any additional pertinent information the provider has that may assist in the care and support of the individual if a natural or man-made disaster occurs. Statutory/Other Authority: ORS 409.050, 443.450 & 443.455 Statutes/Other Implemented: ORS 443.400 - 443.455 History: 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 11-2008, f. & cert. ef. 9-11-08
411-325-0200 Transportation (1) Service providers, including employees and volunteers who own or operate vehicles that transport individuals, must: (a) Maintain the vehicle in safe operating condition; (b) Comply with Department of Motor Vehicles laws; (c) Maintain or assure insurance coverage including liability, on all vehicles and all authorized drivers; and (d) Carry a first aid kit in the vehicle. (2) When transporting, the driver must ensure that all individuals use seat belts. Individual car or booster seats must be used for transporting all children as required by law. When transporting individuals in wheel chairs, the driver must ensure that wheel chairs are secured with tie downs and that individuals wear seat belts. (3) Drivers operating vehicles that transport individuals must meet applicable Department of Motor Vehicles requirements as evidenced by a driver's license. 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 25-2004, f. 7-30-04, cert. ef. 8-1-04 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0220 Individual Furnishings (1) Bedroom furniture must be provided or arranged for each individual and include: (a) A bed including a frame unless otherwise documented by an ISP team decision, a clean comfortable mattress, a waterproof mattress cover if the individual is incontinent, and a pillow; (b) A private dresser or similar storage area for personal belongings that is readily accessible to the individual; and (c) A closet or similar storage area for clothing that is readily accessible to the individual. (2) Individuals must have the freedom to decorate and furnish his or her own bedroom as agreed to within the Residency Agreement. (3) Two sets of linens must be provided or arranged for each individual and include: (a) Sheets and pillowcases; (b) Blankets appropriate in number and type for the season and the comfort of the individual; and (c) Towels and washcloths. (4) Each individual must be assisted in obtaining personal hygiene items in accordance with individual needs and items must be stored in a sanitary and safe manner. Statutory/Other Authority: ORS 409.050, 443.450 & 443.455 Statutes/Other Implemented: ORS 443.400 - 443.455 History: APD 24-2016, f. & cert. ef. 6-29-16 APD 34-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0240 Assessment of Fire Evacuation Assistance (1) The service provider must assess, within 24 hours of an individual's entry to the home, the individual's ability to evacuate the home in response to an alarm or simulated emergency. (2) The service provider must document the level of assistance needed by each individual to safely evacuate the home and the documentation must be maintained in the individual's entry records. 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
411-325-0250 Fire Drill Requirements and Fire Safety (1) The service provider must conduct unannounced evacuation drills when individuals are present, one per quarter each year with at least one drill per year occurring during the hours of sleep. Drills must occur at different times during day, evening, and night shifts with exit routes being varied based on the location of a simulated fire. (2) Written documentation must be made at the time of the fire drill and kept by the service provider for at least two years following the drill. Fire drill documentation must include: (a) The date and time of the drill or simulated drill; (b) The location of the simulated fire and exit route; (c) The last names of all individuals and staff present on the premises at the time of the drill; (d) The type of evacuation assistance provided by staff to individuals' as specified in each individual's safety plan; (e) The amount of time required by each individual to evacuate or staff simulating the evacuation; and (f) The signature of the staff conducting the drill. (3) Smoke alarms or detectors and protection equipment must be inspected and documentation of inspections maintained as recommended by the local fire authority or State Fire Marshal. (4) The service provider must provide necessary adaptations to ensure fire safety for sensory and physically impaired individuals. 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 25-2004, f. 7-30-04, cert. ef. 8-1-04 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0260 Individual Fire Evacuation Safety Plans for 24-Hour Residential Programs and Settings (1) A provider must develop, train, and implement a written fire safety and evacuation plan for individuals who: (a) Are unable to evacuate the residence within the required evacuation time; (b) With input from their ISP team, request not to participate in fire drills: or (c) Are unable or unwilling to participate in drills on more than two occasions over a two-year period. (2) The written fire safety and evacuation plan must include all of the following: (a) Documentation of the risk to the individual's medical, physical condition, and behavioral status. (b) Identification of how the individual evacuates their residence, including level of support needed. (c) The routes to be used to evacuate the residence to a point of safety. (d) Identification of assistive devices required for evacuation. (e) The frequency the plan is to be practiced and reviewed by the individual and staff. (f) The alternative practices. (g) Approval of the plan by the individual's legal or designated representative (as applicable), case manager, and the service provider's executive director or their designee. (h) A plan to encourage future participation. (3) A provider must maintain documentation of the practice and review of the fire safety and evacuation plan by the individual and the staff. 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 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
411-325-0270 Fire Safety Requirements for Homes on a Single Property or on Contiguous Property Serving Six or More Individuals (1) The home must provide safety equipment appropriate to the number and level of individuals served and meet the requirements of the State of Oregon Structural Specialty and Fire Code as adopted by the state: (a) Each home housing six or more, but fewer than 11 individuals or each home that houses five or fewer individuals, but is licensed as a single facility due to the total number of individuals served per the license or meets the contiguous property provision, must meet the requirements of a SR 3.3 occupancy and must: (A) Provide and maintain permanent wired smoke alarms from a commercial source with battery back-up in each bedroom and at a point centrally located in the corridor or area giving access to each separate sleeping area and on each floor; (B) Provide and maintain a 13D residential sprinkler system as defined in the National Fire Protection Association standard; and (C) Have simple hardware for all exit doors and interior doors that may not be locked against exit that has an obvious method of operation. Hasps, sliding bolts, hooks and eyes, double key deadbolts, and childproof doorknobs are not permitted. Any other deadbolts must be single action release so as to allow the door to open in a single operation. (b) Each home housing 11 or more, but fewer than 17 individuals must meet the requirements of a SR 3.2 occupancy. (c) Each home housing 17 or more individuals must meet the requirements of a SR 3.1 occupancy. (2) The number of individuals receiving services may not exceed the licensed capacity, except that one additional individual at a time may receive community living supports. Community living supports may not violate the safety and health sections of these rules. Relief care may not be provided to any individual for more than 14 consecutive days. (3) The provider may not admit individuals functioning below the level indicated on the license for the home. Statutory/Other Authority: ORS 409.050, 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 11-2008, f. & cert. ef. 9-11-08 SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04
411-325-0290 Fire Safety Requirements for Apartments Serving Five or Fewer Individuals (1) The apartment must be made fire safe by: (a) Providing and maintaining in each apartment, battery-operated smoke alarms with a 10-year life in each bedroom and in a central location on each floor; (b) Providing first floor occupancy apartments. Individuals who are able to exit in three minutes or less without assistance may be granted a variance from the first floor occupancy requirement; (c) Providing a class 2A10BC portable fire extinguisher easily accessible in each apartment; (d) Providing access to telephone equipment or intercom in each apartment usable by the individual receiving services; and (e) Providing constantly usable unblocked exits from the apartment and apartment building. (2) The number of individuals receiving services at the apartment may not exceed the maximum capacity of five individuals, including an individual receiving community living supports. Relief care may not be provided to any individual for more than 14 consecutive days. Community living supports may not violate the safety and health sections of these rules. Statutory/Other Authority: ORS 409.050, 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