justicedao/ipfs_state_laws huggingface dataset:
333-510-0040 Nurse Executive (1) The nurse executive position shall be full-time (40 hours per week). Time spent in professional association workshops, seminars and continuing education may be counted as duties in considering whether or not the nurse executive is full-time. If the nurse executive has responsibility for direct patient care activities, sufficient time must be available to devote to administrative duties. For hospitals with attached long-term care facilities, the nurse executive may function as the nurse executive for both the hospital and the long-term care facility. (2) The nurse executive shall have had progressive responsibility in managing in a health care setting. The nurse executive shall be a registered nurse licensed in Oregon. In addition, the nurse executive must have a baccalaureate degree, other advanced degree, or appropriate equivalent experience, with emphasis in management preferred. (3) The nurse executive shall have written administrative authority, responsibility, and accountability for assuring functions and activities of the nursing services department and shall participate in the development of any policies that affect the nursing services department. This includes budget formation, implementation and evaluation. The nurse executive shall ensure the: (a) Development and maintenance of a nursing service philosophy, objective, standards of practice, policy and procedure manuals, and job descriptions for each level of nursing service personnel; (b) Development and maintenance of personnel policies of recruitment, orientation, in-service education, supervision, evaluation, and termination of nursing service staff or ensure it is done by another department; (c) Development and maintenance of policies and procedures for determination of nursing staff's capacity for providing nursing care for any patient seeking admission to the facility; (d) Development and maintenance of a quality assessment and performance improvement program for nursing service; (e) Coordination of nursing service departmental function and activities with the function and activities of other departments; and (f) Ensure participation with the administrator and other department directors in development and maintenance of practices and procedures that promote infection control, fire safety, and hazard reduction. (4) Whenever the nurse executive is not available in person or by phone, the nurse executive shall designate in writing a specific registered nurse or nurses, licensed to practice in Oregon, to be available in person or by phone to direct the functions and activities of the nursing services department. Statutory/Other Authority: ORS 441.055 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 17-2012, f. 12-20-12, cert. ef. 1-1-13 PH 11-2009, f. & cert. ef. 10-1-09 HD 2-2000, f. & cert. ef. 2-15-00 HD 21-1993, f. & cert. ef. 10-28-93 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89
333-510-0045 Posting Requirements A hospital shall post an anti-retaliation notice on the premises that: (1) Summarizes the provisions of ORS 441.181, 441.183, 441.184 and 441.192; (2) Is clearly visible; and (3) Is posted where notices to employees and applicants for employment are customarily displayed. Statutory/Other Authority: ORS 413.042 & ORS 441.185 Statutes/Other Implemented: ORS 441.185 History: PH 46-2024, amend filed 05/15/2024, effective 05/15/2024 PH 59-2023, temporary amend filed 12/21/2023, effective 01/01/2024 through 06/28/2024 PH 22-2016, f. & cert. ef. 7-1-16 PH 11-2009, f. & cert. ef. 10-1-09 PH 21-2006, f. & cert. ef. 10-6-06 Reverted to OHD 20-2002, f. & cert. ef. 12-10-02 PH 22-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 thru 6-29-06 OHD 20-2002, f. & cert. ef. 12-10-02 OHD 3-2001, f. & cert. ef. 3-16-01 OHD 2-2000, f. & cert. ef. 2-15-00
333-510-0050 Inservice Training Requirements for Nursing (1) The nurse executive or her or his designee shall coordinate all inservice training for nursing. Each year the inservice training agenda shall include at least the following: (a) Infection control measures; (b) Emergency procedures including, but not limited to, procedures for fire and other disaster; (c) Application of physical restraints (if the facility population includes any patient with orders for restraints); and (d) Other special needs of the facility population. (2) Training for procedures for life-threatening situations, including cardiopulmonary resuscitation shall be provided every two years. (3) The facility, through the nurse executive, shall assure that each licensed or certified employee is knowledgeable of the laws and rules governing his or her performance and that employees function within those performance standards. (4) Documentation of such training shall include the date, content and names of attendees. Statutory/Other Authority: ORS 441.055 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 11-2009, f. & cert. ef. 10-1-09 OHD 2-2000, f. & cert. ef. 2-15-00 HD 21-1993, f. & cert. ef. 10-28-93 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89
333-510-0060 Patient Environment (1) A hospital shall provide for each patient: (a) A good bed, mattress, pillow with protective coverage, and necessary bed coverings; (b) Items needed for personal care; and (c) Separate storage space for clothing, toilet articles, and other personal belongings. (2) In multiple-bed rooms, opportunity for patient privacy shall be provided by flame retardant curtains or screens. In hospitals caring for pediatric patients, cubicle curtains or screens are not required for beds assigned these patients. (3) No patient shall be admitted to a bed in any room, other than one regularly designated as a bedroom or ward. The placing of a patient's bed in a diagnostic room, treatment room, operating room or delivery room is expressly prohibited, except under emergency circumstances. (4) No towels, wash cloths, bath blankets, or other linen which comes directly in contact with the patient shall be interchangeable from one patient to another unless it is first laundered. (5) Temperature-controlled pads shall be so covered that the patient cannot be harmed by excessive heat or cold and carefully checked as to temperature and leakage. Electrical heating pads, blankets, or sheets shall be used only on the written order of the physician or other health care practitioner authorized by law. (6) The use of torn or unclean bed linen is prohibited. (7) In facilities caring for pediatric patients, an emergency signaling system for use by attendants summoning assistance and a two-way voice intercommunication system between the nurses' station and rooms or wards housing pediatric patients shall be provided. Statutory/Other Authority: ORS 441.055 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 11-2009, f. & cert. ef. 10-1-09 HD 2-2000, f. & cert. ef. 2-15-00 HD 21-1993, f. & cert. ef. 10-28-93 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-072-0010 & 333-072-0015(3) thru (6) HD 5-1981, f. & cert. ef. 3-30-81, Renumbered from 333-023-0172 HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0170 HB 209, f. & cert. ef. 12-18-68 HB 183, f. & cert. ef. 5-26-66
333-515-0001 Applicability These rules apply to all hospitals, regardless of classification. Statutory/Other Authority: ORS 441.055 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 11-2009, f. & cert. ef. 10-1-09 HD 21-1993, f. & cert. ef. 10-28-93
333-515-0005 Sterilization of Instruments, Equipment and Supplies (1) After the discharge of any patient, the bed, bed furnishings, bedside furniture, bed pans, urinals, wash basins, denture cups, drinking glasses, or any similar utensil or piece of equipment used by a patient shall be thoroughly cleaned and disinfected prior to re-use, or disposed of properly. Mattresses shall be professionally renovated when necessary. (2) Single patient use equipment must be labeled with patient name and room number when the equipment is used in a multi-bed room. Statutory/Other Authority: ORS 441.055 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 11-2009, f. & cert. ef. 10-1-09 HD 2-2000, f. & cert. ef. 2-15-00 HD 21-1993, f. & cert. ef. 10-28-93, Renumbered from 333-515-0000 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-072-0020 HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0174 HB 209, f. & cert. ef. 12-18-68 HB 183, f. & cert. ef. 5-26-66
333-515-0020 Sanitary Precautions (1) Provision shall be made for the proper cleaning of linen and other washable goods and proper disposal of all refuse. (2) All garbage and refuse shall be stored and disposed of in a manner that will not create a nuisance or a public health hazard. Infectious waste shall be stored and disposed of in accordance with OAR chapter 333, division 56. (3) Measures shall be taken to prevent the entry of rodents, flies, mosquitoes, and other insects. Adequate measures shall include but are not limited to preventing their entry through doors, windows, or other outside openings. (4) The walls and floors shall be of a durable and cleanable composition necessary to maintain a sanitary environment appropriate to the use of the area. The building shall be kept clean and in good repair. Statutory/Other Authority: ORS 441.055 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 11-2009, f. & cert. ef. 10-1-09 HD 2-2000, f. & cert. ef. 2-15-00 HD 21-1993, f. & cert. ef. 10-28-93 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-072-0040 HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0182 HB 183, f. & ef. 5-26-66
333-515-0030 Safety and Emergency Precautions (1) A hospital shall: (a) Have a physical plant and overall hospital environment that is developed and maintained in such a manner that the safety and well-being of patients are provided for. (b) Have telephone or another communication method to summon help in case of fire or other emergency. (c) Comply with ORS chapter 479, its implementing rules, and all other requirements of the State Fire Marshal. (d) Have emergency power facilities that are tested monthly and are in readiness at all times for use in the delivery, operating and emergency rooms, nurseries and other areas as required in NFPA 99 and the National Electrical Code. (2) A hospital shall develop and maintain a comprehensive emergency preparedness program that complies with 42 CFR 482.15 (available from the agency's website at www.healthoregon.org/hflc) and in accordance with OAR chapter 837, division 040. (3) A hospital shall ensure that its emergency plan is available to Oregon Health Authority staff during licensing and certification surveys. (4) A hospital shall re-evaluate and revise its emergency plan as necessary or when there is a significant change in the facility or population of the hospital. (5) During a national emergency, or a state emergency declared under ORS chapter 401 or ORS chapter 433, a hospital shall ensure that any deviation from the hospital nurse staffing plan complies with OAR 333-510-0140. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 41-2024, minor correction filed 04/08/2024, effective 04/08/2024 PH 96-2021, amend filed 12/30/2021, effective 01/01/2022 PH 14-2020, amend filed 03/24/2020, effective 03/24/2020 PH 7-2016, f. & cert. ef. 2-24-16 PH 11-2009, f. & cert. ef. 10-1-09 PH 13-2008, f. & cert. ef. 8-15-08 HD 21-1993, f. & cert. ef. 10-28-93 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-072-0045 HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0186 HB 209, f. & cert. 12-18-68 HB 183, f. & cert. ef. 5-26-66
333-515-0040 Smoking Prohibition (1) The administrator or person in charge of the hospital may not permit a person to smoke tobacco: (a) In the hospital; or (b) Within 10 feet of a doorway, open window or ventilation intake of the hospital. (2) A hospital shall comply with ORS 433.835 through 433.875 and its implementing rules, OAR 333-015. Statutory/Other Authority: ORS 441.815 Statutes/Other Implemented: ORS 441.815 History: PH 11-2009, f. & cert. ef. 10-1-09 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-072-0005(5) HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0126 HD 7-1979, f. & cert. ef. 7-17-79 HD 72, f. 11-7-74, cert. ef. 12-11-74 HD 25, f. 10-20-72, cert. ef. 11-1-72 HB 252, f. 7-22-70, cert. ef. 8-25-70 HB 209, f. & cert. ef. 12-18-68 HB 183, f. & cert. ef. 5-26-66
333-520-0000 Applicability Whether a hospital is required to provide a service listed in this division depends on a hospital’s classification, as those classifications are described in OAR 333-500-0032. If a hospital chooses to provide a service that is not required it shall comply with the applicable rule in this division. Statutory/Other Authority: ORS 441.055 & 442.015 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 11-2009, f. & cert. ef. 10-1-09 HD 21-1993, f. & cert. ef. 10-28-93 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-072-0005(1) & (2) HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0126 HD 7-1979, f. & cert. ef. 7-17-79 HD 72, f. 11-7-74, cert. ef. 12-11-74 HD 25, f. 10-20-72, cert. ef. 11-1-72 HB 252, f. 7-22-70, cert. ef. 8-25-70 HB 209, f. & cert. ef. 12-18-68 HB 183, f. & cert. ef. 5-26-66
333-520-0030 Laboratory Services (1) All hospitals, regardless of classification, are required to comply with this rule. (2) A hospital shall: (a) Have on-site or use a licensed clinical laboratory that meets the requirements of ORS 438.010 through 438.510 and OAR 333-024; or has been issued a valid certificate from the federal government under the Clinical Laboratory Improvement Amendments of 1988 (CLIA 88), and that provides timely laboratory services to support a hospital’s medical, surgical and other services. (b) Have on staff or under contract a clinical pathologist to oversee clinical laboratory testing including pathology services. (c) Have appropriately trained laboratory staff on-site or on-call 24 hours a day, 7 days a week (24/7). (3) If a hospital performs clinical laboratory testing at point of care, the requirements of subsection (2)(a) of this rule shall be met and the hospital shall: (a) Have a written policy for point of care testing that is reviewed by a committee, council or other reviewing body designated by the hospital as having responsibility for laboratory services; (b) Designate a person responsible for the direction and supervision of this testing; (c) Assure that in addition to manufacturers instructions there are procedures to cover specimen collection and preservation; (d) Maintain documentation of staff specific orientation, training, and ongoing competency for two years; and (e) Maintain documentation of instrument calibration, quality control records and preventative maintenance for two years. (4) Blood banking transfusion records shall be maintained and kept for 20 years. Statutory/Other Authority: ORS 441.055 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 11-2009, f. & cert. ef. 10-1-09 HD 21-1993, f. & cert. ef. 10-28-93 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-072-0005(8) HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0126 HD 7-1979, f. & cert. ef. 7-17-79 HD 72, f. 11-7-74, cert. ef. 12-11-74 HD 25, f. 10-20-72, cert. ef. 11-1-72 HB 252, f. 7-22-70, cert. ef. 8-25-70 HB 209, f. & cert. ef. 12-18-68 HB 183, f. & cert. ef. 5-26-66
333-520-0035 Pharmacy Services (1) A general hospital is required to have an on site pharmacy and a pharmacist on call 24/7 to staff the pharmacy. (2) Low occupancy acute care hospitals and mental or psychiatric hospitals may have an on-site pharmacy or a drug room. (3) Low occupancy acute care hospitals and mental or psychiatric hospitals shall have appropriately trained pharmacy staff on-site or on-call 24/7. (4) A pharmacy in a hospital shall comply with the applicable requirements in ORS Chapter 689 and OAR chapter 855, including 855-041-0120 through 855-041-0132. (5) A drug room in a hospital shall comply with the applicable requirements in ORS Chapter 689 and OAR 855-041-0135 through 855-041-0140. (6) All hospitals, regardless of classification shall dispose of old medications, including special prescriptions for patients who have left the hospital, by incineration or another equally effective method, except narcotics and other drugs under the drug abuse law, which shall be handled in the manner prescribed by the Drug Enforcement Administration of the U.S. Department of Justice. Statutory/Other Authority: ORS 441.055 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 17-2012, f. 12-20-12, cert. ef. 1-1-13 PH 11-2009, f. & cert. ef. 10-1-09
333-520-0040 Radiology Services (1) All hospitals, regardless of classification shall have on-site or contract radiology services that: (a) Comply with ORS Chapter 453 and its applicable implementing rules; (b) Support the hospital’s medical, surgical and other services; and (c) Are available on a timely basis. (2) All hospitals, regardless of classification, shall: (a) Employ or contract with a radiologist to certify the quality and adequacy of all radiology; and (b) Have on-site or in-house radiology staff available 24/7. Statutory/Other Authority: ORS 441.055 & 442.015 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 11-2009, f. & cert. ef. 10-1-09 HD 21-1993, f. & cert. ef. 10-28-93 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-072-0005(9) HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0126 HD 7-1979, f. & cert. ef. 7-17-79 HD 72, f. 11-7-74, cert. ef. 12-11-74 HD 25, f. 10-20-72, cert. ef. 11-1-72 HB 252, f. 7-22-70, cert. ef. 8-25-70 HB 209, f. & cert. ef. 12-18-68 HB 183, f. & cert. ef. 5-26-66
333-520-0120 Psychiatric Services A hospital classified as mental or psychiatric or a general or low occupancy acute care hospital that provides inpatient psychiatric services and has an inpatient psychiatric unit shall comply with OAR 333-525-0000(2) through (10). Statutory/Other Authority: ORS 441.055 Statutes/Other Implemented: ORS 441.055 & 442.015 History: PH 11-2009, f. & cert. ef. 10-1-09
333-535-0000 Applicability OAR 333-535-0000 through 333-535-0015 shall apply to all hospitals not licensed or for which plans have not been approved on the effective date of these rules for major alterations and new construction. Major alteration has the meaning given that term in OAR 333-500-0010. Statutory/Other Authority: ORS 441.060 Statutes/Other Implemented: ORS 441.060 History: PH 18-2019, amend filed 10/01/2019, effective 01/01/2020 PH 10-2009, f. & cert. ef. 10-1-09 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-074-0200 HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0200 HD 7-1979, f. & cert. ef. 7-017-79 HB 209, f. & cert. ef. 12-18-68 HB 183, f. & ef. 5-26-66
333-535-0001 Codes and Standards (1) Each hospital must meet the physical environment requirements set forth in OAR chapter 333, division 535 including any applicable building and specialty codes in effect at the time of initial licensure. Where differences occur between provisions of OAR chapter 333, division 535 and referenced codes and standards, the provisions of the most restrictive code shall apply. (2) Subsequent modifications to a hospital after initial licensure must comply with any applicable building or specialty codes in effect at the time of the modification. (3) A facility must continue to meet all applicable building and physical environment standards, including but not limited to structural, mechanical, electrical, plumbing, fire and life safety codes as required by this rule that were in effect at the time of licensure, or the standards that applied at the time of a major alteration or new construction. Each instance of non-compliance with a building or physical environment standard or code is a separate violation. Statutory/Other Authority: ORS 441.060 Statutes/Other Implemented: ORS 441.060 History: PH 18-2019, amend filed 10/01/2019, effective 01/01/2020 PH 10-2009, f. & cert. ef. 10-1-09
333-535-0010 General Rules (1) The Authority may, upon written request, allow minor variations from these requirements (other than fire and life safety requirements) when conditions make certain changes to an applicant or licensed hospital impractical to accomplish, as long as the intent of the requirement is met and the care and safety of patients will not be jeopardized. An applicant or licensed hospital must obtain written approval of the Authority in accordance with OAR 333-500-0065, for any minor variation. (2) Conflicts of requirements: Certain projects may be subject to the regulations of several different federal, state and local agencies. Should a difference in requirements occur, the more stringent requirement shall be applied. In cases of conflicting or opposing regulations, the problem shall be directed to the responsible programs for resolution. (3) All departmental requirements included in these rules are not necessarily applicable to all institutions. Each service element provided in the hospital must, however, comply with requirements found herein. Statutory/Other Authority: ORS 441.060 Statutes/Other Implemented: ORS 441.060 History: PH 18-2019, amend filed 10/01/2019, effective 01/01/2020 PH 10-2009, f. & cert. ef. 10-1-09 HD 2-2000, f. & cert. ef. 2-15-00 HD 29-1988, f. 12-29-88, cert. ef. 1-1-89, Renumbered from 333-074-0205 HD 11-1980, f. & cert. ef. 9-10-80, Renumbered from 333-023-0200(1) HD 7-1979, f. & cert. ef. 7-17-79 HB 209, f. & cert. ef. 12-18-68 HB 183, f. & cert. ef. 5-26-66
333-536-0000 Purpose The purpose of these rules is to establish standards for licensure of in-home care agencies. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.305 - 443.355 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12 PH 22-2004, f. & cert. ef. 6-25-04 PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04 OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03
333-536-0007 Classification (1) Agencies shall be classified according to the services provided (see Table 1 ). An agency shall be classified as: (a) Limited: An agency that provides personal care services that may include medication reminding but does not provide medication assistance, medication administration, or nursing services; (b) Basic: An agency that provides personal care services that may include medication reminding and medication assistance but does not provide medication administration or nursing services; (c) Intermediate: An agency that provides personal care services that may include medication reminding, medication assistance and medication administration but does not provide nursing services; or (d) Comprehensive: An agency that provides personal care services that may include medication reminding, medication assistance, medication administration and nursing services. (2) Agencies licensed by the Oregon Health Authority (Authority) must neither assume a descriptive title nor be held out under any descriptive title other than the classification title established by the Authority and under which the agency is licensed. No agency licensed by the Authority shall provide services or use a classification title in its advertising, publicity, or any other form of communication other than what the agency is licensed to provide. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315 History: PH 50-2023, amend filed 10/23/2023, effective 10/23/2023 PH 14-2022, amend filed 02/04/2022, effective 02/04/2022 PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12