justicedao/ipfs_state_laws huggingface dataset:
309-035-0114 Temporarily suspended until 06/27/2026. This rule language is not currently in effect. Letter of Intent (1) Before applying for a building permit, final purchase, or entering into a lease or rental of an existing building with intent to request a license, a prospective applicant must submit a letter of intent to the Authority that includes the following information: (a) Identification of the prospective applicant; (b) Identification of the city and street address of the proposed facility; (c) Identification of the intended facility type and maximum resident capacity; (d) Description of the area and proximity to social, commercial and recreational facilities, transportation, shopping, and medical and behavioral health services); (e) Description of the population to be served, including underserved populations; (f) The need for such services in the area to be served; (g) Statement of the prospective applicant’s ability to serve the intended population; (h) Identification of the number and professional qualifications of resident staff at the facility; and (i) Identification of operations within Oregon or other states that provide a history of the prospective applicant’s ability to serve the intended population. (2) The Division must consider the applicant’s stated intentions and compliance with the requirements of this rule, all structural and other licensing requirements, and ORS 443.422. (a) The Division must identify the number and type of facilities within a 1,200-foot radius of the proposed facility location; (b) The Division must determine such services are appropriate for the area and population to be served; and (c) The Division must determine the proposed facility location does not perpetuate segregation of individual with disabilities. (3) The Authority must issue a written decision of a potential license within 30 days of receiving all required information from the applicant. (a) If the applicant is dissatisfied with the decision of the Authority, the applicant may request a contested case hearing in writing within 14 calendar days from the date of the decision. (b) The contested case hearing must be in accordance with ORS chapter 183. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 32-2025, temporary suspend filed 12/30/2025, effective 01/01/2026 through 06/27/2026 BHS 4-2025, adopt filed 02/28/2025, effective 03/01/2025
309-035-0120 Temporary rule language in effect until 06/27/2026. Contracts and Rates (1) A provider receiving Medicaid reimbursement for services provided, must enroll with OHA’s Medicaid Provider Enrollment program or enter into a contract with the local CMHP, statewide coordinated care organizations, the Division, or other Division-approved party. Enrollment or contracting does not guarantee that any number of residents eligible for Division funded services will be referred to or maintained in the program. (2) The provider must specify in a fee policy and procedure rates for all services and the procedures for collecting payments from residents and payees. The fee policy and procedures must describe the schedule of rates, conditions under which rates may be changed, acceptable methods of payment, and the policy on refunds at the time of residency transfer or discharge: ( a) For residents whose services are funded by the Division, reimbursement for services shall be made according to the rate schedule outlined in Behavioral Health Rate Schedule or the contract. Room and board payments for residents receiving Social Security benefits or public assistance shall be in accordance with rates determined by the Division; (b) For residents paying privately, the program must enter into a signed agreement with the resident, and, if applicable, the resident’s legal representative, if applicable. This agreement must include but is not limited to a description of the services to be provided, the schedule of rates, conditions under which the rates may be changed, and policy on refunds at the time of residency transfer or discharge; and (c) Before increasing rates or modifying payment procedures, the program must provide a 30-day advance notice of the change to all residents, representatives, payees, guardians, or conservators. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS413.032, 443.400 - 443.465 & 443.991 History: BHS 32-2025, temporary amend filed 12/30/2025, effective 01/01/2026 through 06/27/2026 BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 5-2017, f. & cert. ef. 6-8-17 MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 13-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 MHS 4-2008, f. & cert. ef. 6-12-08 MHD 4-2005, f. & cert. ef. 4-1-05 MHD 4-1998, f. 5-21-98, cert. ef. 6-1-98 MHD 9-1985, f. & ef. 6-7-85 MHD 9-1984(Temp), f. & ef. 12-10-84
309-035-0155 Individual Furnishings (1) The program must permit a resident to use the resident’s own furniture within space limitations of the resident’s unit. Otherwise, furniture must be provided or arranged for each resident, maintained in good repair, and must include the following: (a) A bed including a frame, a clean mattress and pillow; (b) A private dresser or similar storage area for personal belongings that is readily accessible to the resident; and (c) Locked storage for the resident’s small, personal belongings. Additional locked storage may be provided in a place other than the resident’s unit. The provider must provide the resident with a key or other method to gain access to their locked storage space. (2) The program must provide linens for each resident and must include the following: (a) Sheets, pillowcase, and other bedding appropriate to the season and the resident’s comfort; (b) Availability of a waterproof mattress or waterproof mattress cover; and (c) Towels and washcloths. (3) The provider must provide each resident culturally responsive personal hygiene items in accordance with individualized resident’s needs. Personal hygiene items must be stored in a clean and sanitary manner. Personal hygiene items include, but are not limited to, soap, shampoo, toilet paper, toothbrushes, toothpaste, menstrual supplies, combs, and hairbrushes. (4) An adequate supply of furniture for resident use in living room, dining room, and other common areas must be provided and maintained in good condition. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.465 & 443.991 History: BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 5-2017, f. & cert. ef. 6-8-17 MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 13-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 MHS 5-2009, f. & cert. ef. 12-17-09 MHD 4-2005, f. & cert. ef. 4-1-05 MHD 4-1998, f. 5-21-98, cert. ef. 6-1-98 MHD 9-1985, f. & ef. 6-7-85 MHD 9-1984(Temp), f. & ef. 12-10-84
309-035-0163 Temporary rule language in effect until 06/27/2026. Admission (1) The program must specify in its admission policy and procedures the program staff responsible for each component of the admission process. (2) The program must obtain informed consent for services from the prospective resident or the prospective resident’s legal representative prior to or upon admission to the program. Informed consent is not required for individuals placed at a program pursuant to a court, OHA, CMHP or PSRB order issued under ORS chapter 161 or 426. (3) The program must maintain current copies of legal orders for residents placed at a program pursuant to a court, OHA, CMHP or PSRB order issued under ORS chapter 161 or 426. (4) Upon admission, the program administrator must provide and document provision of an orientation to each new resident that includes, but is not limited to, the following: (a) A complete tour of the setting; (b) Introductions to other residents and program staff; (c) Discussion of social covenants, if applicable; (d) Explanation of the laundry and food service schedule and policies; (e) Review of the resident’s rights; (f) Review of grievance procedures; (g) Review of the residency agreement; (h) Discussion of the conditions under which residency would be involuntarily transferred or discharged; (i) General description of available services and activities; (j) Review and explanation of advance directives. If the resident does not already have any advance directives, the program must provide an opportunity to complete advanced directives; (k) Emergency procedures in accordance with OAR 309-035-0145(2). (l) Review of the person-centered planning process; and (m) Review of the process for imposing individually-based limitations on certain program obligations to the individual. Statutory/Other Authority: ORS 413.042 & ORS 443.450 Statutes/Other Implemented: ORS 413.032, ORS 443.400 - 443.465 & ORS 443.991 History: BHS 32-2025, temporary amend filed 12/30/2025, effective 01/01/2026 through 06/27/2026 BHS 12-2025, amend filed 04/30/2025, effective 05/01/2025 BHS 7-2025, temporary amend filed 02/28/2025, effective 03/01/2025 through 08/27/2025 BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025 BHS 1-2025, temporary amend filed 01/17/2025, effective 01/17/2025 through 06/29/2025 BHS 35-2024, temporary amend filed 12/31/2024, effective 01/01/2025 through 06/29/2025 BHS 31-2024, temporary amend filed 12/27/2024, effective 01/01/2025 through 06/29/2025 BHS 6-2024, amend filed 04/11/2024, effective 04/11/2024 BHS 41-2023, temporary amend filed 10/12/2023, effective 10/15/2023 through 04/11/2024 BHS 6-2019, amend filed 03/28/2019, effective 04/01/2019 BHS 21-2018, temporary amend filed 10/25/2018, effective 10/28/2018 through 04/22/2019 BHS 10-2018, temporary amend filed 04/24/2018, effective 05/01/2018 through 10/27/2018 MHS 5-2017, f. & cert. ef. 6-8-17 MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
309-035-0200 Individual Services and Activities (1) The provider must make services and activities available at the program including care and treatment consistent with ORS 443.400 and those services individually specified for the resident in the residential service plan developed as outlined in OAR 309-035-0185. The provider must encourage residents to care for their own needs to the extent possible. The provider must ensure all services and activities be provided in a manner that respects residents' rights, promotes recovery, and protects personal dignity. (2) Services and activities to be available include, but are not limited to: (a) Provision of adequate shelter; (b) Provision of at least three meals per day, seven days per week, provided pursuant to OAR 309-035-0210; (c) Assistance and support, as necessary, to enable residents to meet personal hygiene and clothing needs; (d) Laundry services that may include access to washers and dryers so residents can do their own personal laundry; (e) Housekeeping essential to the health and comfort of residents; (f) Activities and opportunities for socialization and recreation both within the setting and in the larger community; (g) Health-related services provided in accordance with OAR 309-035-0215; (h) Assistance with community navigation and transportation arrangements; (i) Assistance with money management when requested by a resident to include accurate documentation of all funds deposited and withdrawn when funds are held in trust for the resident; (j) Assistance with acquiring skills to live as independently as possible; (k) Assistance with accessing other additional services, as needed; and (l) Any additional services required under contract with the Division. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 5-2017, f. & cert. ef. 6-8-17 MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
309-035-0205 Temporary rule language in effect until 06/27/2026. Use of Seclusion or Restraints (1) The use of seclusion or restraints is prohibited except in SRTFs with the Division's approval. (2) A SRTF provider or applicant may apply to the Division for approval to use seclusion or restraints pursuant to OAR 309-033-0700 through 309-033-0740. Approval by the Division is based upon the following: (a) A determination that the residents served or proposed to be served have a history of behavioral concerns involving threats to the safety and well-being of themselves or others; (b) The applicant demonstrates that the availability of seclusion or restraints is necessary to safely accommodate residents who would otherwise be unable to experience a community residential program; and (c) The applicant demonstrates an ability to comply with OAR 309-033-0700 through 0740 and OAR 309-033-0500 through 0560. These rules include special requirements for staffing, training, reporting, policies and procedures, and the setting’s physical environment. (3) Seclusion or restraints may only be used in an approved SRTF when an emergency occurs in accordance with OAR 309-033-0500 through 0560 and 309-033-0700 through 0740. In such emergency situations, seclusion and restraint may only be used as a last resort behavior management option after less restrictive behavior management interventions have failed, or in the case of an unanticipated behavioral outburst, to ensure safety within the program. An approved SRTF must implement policies and procedures approved by the Division outlining the circumstances under which seclusion or restraints may be used and the preventive measures to be taken before such use. All incidents involving the use of seclusion or restraints must be reported to the Division. To use seclusion or restraints with a resident who is not in state custody under civil commitment proceedings, the resident must be placed on a hold as outlined in OAR chapter 309, division 033. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 32-2025, temporary amend filed 12/30/2025, effective 01/01/2026 through 06/27/2026 BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 5-2017, f. & cert. ef. 6-8-17 MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
309-035-0210 Temporary rule language in effect until 06/27/2026. Food Services (1) The provider must plan, prepare, and serve three meals daily at times consistent with those in the community. The meals must be culturally responsive to the residents and provided in accordance with the guidelines provided by the United States Department of Agriculture. (2) The provider must obtain an order from an LMP for each resident who, for health reasons, is on a modified or special diet. The provider must plan such diets in consultation with the resident. (3) The provider must support the resident’s right to access food at any time and must not restrict access to food. This includes accessing food outside of mealtimes and the ability to have food and beverages in the resident’s unit. The provider may only apply an individually-based limitation when the resident agrees, and the circumstances meet, and the provider complies with the standards and requirements of OAR 309-035-0195. (4) If a resident misses a meal at a scheduled time, an alternative nutritionally equivalent meal must be made available. (5) The provider must prepare and post menus for residents at least seven days in advance and must provide a sufficient variety of foods served in adequate amounts for each resident at each meal and adjusted for seasonal changes. Effective February 1, 2025, the provider must file and maintain records of menus of food as served in the program for at least two years: (a) The provider must maintain reasonable access to common foods requested by the residents for personal use; and (b) The provider must consider resident preferences and requests in menu planning. The provider must reasonably accommodate culturally responsive, religious, and other dietary preferences. (6) The provider must maintain adequate supplies of staple foods for a minimum of one week and perishable foods for a minimum of two days at the setting. (7) The provider must maintain at least seven gallons of potable water per resident and for emergency supply. (8) The provider must store, prepare, and serve food in accordance with the Oregon Health Authority Food Sanitation Rules: (a) all refrigerators and freezers in use must have a thermometer present and in working order; and (b) Food storage areas and equipment must be such that food is protected from dirt and contamination and maintained at proper temperatures to prevent spoilage. (9) The provider must not schedule meals with more than a 14-hour span between the evening meal and the following morning’s meal. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 32-2025, temporary amend filed 12/30/2025, effective 01/01/2026 through 06/27/2026 BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 5-2017, f. & cert. ef. 6-8-17 MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
309-035-0225 Criminal Penalties (1) Violation of any provision of ORS 443.400 through 443.455 is a Class B misdemeanor. (2) In addition, the Division may commence an action to enjoin operation of a program: (a) When a program is operated without a valid license; or (b) When a program continues to operate after notice of revocation has been received and a reasonable time has been allowed for placement of residents in other programs. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 5-2017, f. & cert. ef. 6-8-17 MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
309-035-0251 Procedures for Correction of Violations (1) At any time after receipt of a statement of deficiency or an inspection report, the provider or the Division may request a conference in writing. The conference must be scheduled within ten days of a request by either party. The purpose of the conference is to discuss the deficiencies cited and to provide information to the provider to assist the provider in complying with the requirements of the rules. The written request by the provider or the Division for a conference may not extend any previously established time limit for correction. (2) The provider must notify the Division of correction of deficiencies in writing no later than the date specified in the statement of deficiency. (3) If, after inspection of the program, if the Division determines that the deficiencies have not been corrected by the date specified in the statement of deficiency or if the Division has not received a report of substantial compliance, the Division may institute one or more of the following actions: (a) Imposition of an administrative sanction that may include revocation, suspension, or refusal to renew a license as deemed appropriate by the Division; (b) Placement of conditions on the license as deemed appropriate by the Division; or (c) Filing of a criminal complaint. (4) If a resident is in serious and imminent danger, the Division may institute one or more of the following actions: (a) If there is reliable evidence of abuse, neglect or exploitation, the license may be immediately suspended or revoked, and arrangements made to move the residents. (b) The Division may order the removal of the resident; or (c) Placement of conditions on the license as deemed appropriate by the Division. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 4-2025, adopt filed 02/28/2025, effective 03/01/2025
309-035-0255 Administrative Sanctions (1) An administrative sanction may be imposed for non-compliance with these rules. (2) An administrative sanction includes one or more of the following actions: (a) Civil penalties; (b) Attachment of conditions to a license; and (c) Denial, suspension, non-renewal, or revocation of a license. as set forth in OAR 309-040-0420. (3) If the Division imposes an administrative sanction, the Division must serve a notice of administrative sanction upon the provider personally or by certified mail. (4) The notice of administrative sanction must state the following: (a) Each sanction imposed; (b) A short and plain statement of each circumstance, act, or omission that constitutes non-compliance with the applicable rules; (c) Each statute or rule allegedly violated; (d) A statement of the provider right to a contested case hearing; (e) A statement of the authority and jurisdiction under which the hearing is to be held; (f) A statement that the Division files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and (g) A statement that the notice becomes a final order upon default if the provider fails to request a hearing within the specified time. (5) All hearings are conducted in accordance with ORS 183. (6) The provider must comply with any final order of the Division. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 4-2025, adopt filed 02/28/2025, effective 03/01/2025
309-035-0265 Conditions (1) Conditions may be attached to a license by order issued by the OHA director, and such order takes effect immediately upon issuance of the order. Conditions may be attached upon a finding that: (a) Information on the application or initial inspection requires a condition to protect the health, well-being, and safety of residents; (b) There exists a threat to the health, safety, and well-being of a resident; (c) There is reliable evidence of abuse or neglect of a resident; (d) The provider is substantially non-compliant with these rules; or (e) The provider or caregivers demonstrate the inability to evacuate the program timely. (2) Conditions that may be imposed on a provider include, but are not limited to: (a) Restricting the maximum capacity of the setting; (b) Restricting the number and impairment level of residents allowed based upon the ability of the provider and caregivers to meet the health and safety needs of all residents in the setting; (c) Requiring additional caregivers or caregiver qualifications; (d) Requiring additional training of the provider and caregivers; (e) Restricting admissions when there is a threat to the health and safety of the current resident in the program; or (f) Restricting a provider from allowing persons on the premises who may be a threat to resident health, safety or well-being. (3) The provider must be notified in writing of any conditions imposed, the reason for the conditions, and be given an opportunity to request a contested case hearing under ORS chapter 183. (4) The provider may request a contested case hearing in writing within 21 calendar days after the date the notice was personally served or mailed. Conditions take effect immediately and are a final order of the Division unless later rescinded through the hearings process. (5) In addition to, or in lieu of a contested case hearing, a provider may request an informal conference with the Division to discuss the conditions imposed. The informal conference does not diminish the provider's right to a hearing or delay, extend, or otherwise affect the timeframe to request a hearing. (6) Conditions remain in effect for the extent of the license period or until the Division has sufficient cause to believe the situation that warranted the condition has been remedied, whichever is sooner. (7) If the provider believes the situation that warranted the condition has been remedied, the provider may request in writing the condition be removed. (8) Reasons for the conditions must be considered at the time of renewal to determine if the conditions are still appropriate. (9) Conditions must be posted with the license in a prominent place in the home and be available for inspection at all times. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 4-2025, adopt filed 02/28/2025, effective 03/01/2025