reglab/housing_qa huggingface dataset:
OR Rev Stat § 443.452 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.452 - Waiver procedure.

(1) The Director of Human Services shall waive the requirements of ORS 443.410 for a residential care facility caring for residents with physical disabilities if: (a) Each resident is over 16 years of age; (b) No more than five individuals with physical disabilities reside in any one building of the facility; and (c) The residential care facility complies with the applicable requirements of the State Fire Marshal. (2) As used in this section, "building" means any structure that does not share a common wall or roof with another structure. [1981 c.285 §§2,3; 1989 c.224 §97; 2007 c.70 §247; 2017 c.679 §45] Note: 443.452 (1) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.453 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.453 - Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited.

(1) A residential facility may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the residential facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to: (a) The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the residential facility; or (b) A family member, guardian, friend or other person who is acting on behalf of the resident. (2) Unless performed with the intent to comply with state or federal law, including but not limited to protecting residents’ rights or carrying out a facility’s policies and procedures that are consistent with state and federal law, it is interference with the disclosure of information as described in subsection (1) of this section if a residential facility: (a) Asks or requires the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information; (b) Trains an employee or volunteer not to disclose the information; or (c) Takes actions or communicates to the employee or volunteer that the employee or volunteer may not disclose the information. (3) The licensing agency may revoke or suspend the license of a residential facility that is found to have violated subsection (1) of this section. (4) The department shall adopt rules to carry out the provisions of this section. (5) This section does not authorize the disclosure of: (a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or (b) Information protected under ORS 419A.255 and 419A.257. [2019 c.381 §4]
OR Rev Stat § 443.455 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.455 - Civil penalties; rules.

(1) Except as provided in subsection (5) of this section, for purposes of imposing civil penalties, residential facilities approved under ORS 443.400 to 443.455 are subject to ORS 441.705 to 441.745. (2)(a) The Director of Human Services shall impose penalties on residential care facilities pursuant to ORS 441.731. (b) The director shall by rule prescribe a schedule of penalties for residential training facilities and residential training homes that are not in compliance with ORS 443.400 to 443.455. (3) The Director of the Oregon Health Authority shall by rule prescribe a schedule of penalties for residential treatment facilities and residential treatment homes that are not in compliance with ORS 443.400 to 443.455. (4) If the Department of Human Services or the Oregon Health Authority investigates and makes a finding of abuse arising from deliberate or other than accidental action or inaction that is likely to cause a negative outcome by a person with a duty of care toward a resident of a residential facility, other than a residential care facility, and if the abuse resulted in the death, serious injury, rape or sexual abuse of a resident, the department or authority shall impose a civil penalty of not less than $2,500 for each occurrence of substantiated abuse, not to exceed $15,000 in any 90-day period. As used in this subsection: (a) "Negative outcome" includes serious injury, rape, sexual abuse or death. (b) "Rape" means rape in the first degree as defined in ORS 163.375, rape in the second degree as defined in ORS 163.365 and rape in the third degree as defined in ORS 163.355. (c) "Serious injury" means physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. (d) "Sexual abuse" means any form of sexual contact between an employee of a residential facility or a person providing services in the residential facility and a resident of that facility, including but not limited to sodomy, sexual coercion, sexually explicit photographing and sexual harassment. (5) Civil penalties recovered from a residential training facility, residential training home, residential treatment facility or residential treatment home shall be deposited in the Long Term Care Ombudsman Account established in ORS 441.419. [1977 c.717 §13; 1991 c.801 §4; 2001 c.900 §186; 2005 c.22 §311; 2009 c.595 §789; 2009 c.828 §89; 2013 c.717 §15; 2014 c.104 §11; 2017 c.679 §6; 2019 c.13 §48]
OR Rev Stat § 443.460 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.460 - Exemptions.

(1) The Director of Human Services may exempt from the license, inspection and fee provisions of ORS 443.400 to 443.455 residential care facilities in those counties where there is a county agency which provides similar programs for licensing and inspection that the director finds are equal to or superior to the requirements of ORS 443.400 to 443.455. (2) Pursuant to an exemption as provided in subsection (1) of this section, the director may provide funds and other resources to the county necessary to enable the county to perform the licensing and inspection functions. [1987 c.548 §4; 2009 c.595 §790]
OR Rev Stat § 443.465 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.465 - Secure residential treatment homes and facilities; rules.

(1) The Oregon Health Authority shall adopt rules applicable to secure residential treatment homes and facilities as defined in ORS 443.400 that house persons who, as a condition of release under ORS 161.315 to 161.351, are required to live in a secure home or facility. The rules must: (a) Provide minimum security, health and safety standards; (b) Require the home or facility to have an emergency preparedness plan; (c) Set minimum training standards for the staff of the home or facility; and (d) Ensure compliance with any orders of the court or the Psychiatric Security Review Board. (2) As used in this section, a residential treatment home or facility is "secure" if a resident exit from the home, facility or grounds of the home or facility is restricted through the use of locking devices on resident exit doors, gates or other closures. [2009 c.475 §1; 2011 c.720 §200] Note: 443.465 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.480 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.480 - Definitions for ORS 443.480 to 443.500.

As used in ORS 443.480 to 443.500: (1)(a) "Community-based structured housing" means congregate housing where services and support are provided by the owner or operator of the facility or staff of the facility to assist residents who have mental, emotional, behavioral or substance use disorders. (b) "Community-based structured housing" does not include: (A) Residential care as defined in ORS 443.400; or (B) Publicly supported housing as defined in ORS 456.250. (2) "Congregate housing" means housing in which each adult resident has a private or shared bedroom or living quarters and shares with other adult residents a dining room, recreational room and other common areas. (3) "Services and support" means living accommodations and services, other than treatment, such as housekeeping, laundry, medication monitoring, transportation or recreational opportunities. (4) "Treatment" has the meaning given that term in ORS 443.400. [1989 c.581 §5; 2007 c.70 §248; 2015 c.740 §2; 2021 c.242 §1] Note: 443.480 to 443.500 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.485 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.485 - Registration required; fee; rules; civil penalty; grounds for suspension or revocation of registration.

(1) Subject to ORS 443.490, a person that owns or operates a community-based structured housing facility offered to the general public shall register with the Oregon Health Authority the name and address of the owner or operator if the facility: (a) Provides services and support to two or more adult residents, not related to the person by blood or marriage, who have mental, emotional, behavioral or substance use disorders; and (b) Is not licensed or registered under any other law of this state or city or county ordinance or regulation. (2) The registration fee is $20 annually. (3) The authority shall establish by rule reasonable and appropriate standards for the operation of facilities subject to ORS 443.480 to 443.500. The standards must be consistent with the residential nature of the facilities and must address, at a minimum, the: (a) Physical properties of a facility; (b) Storage, preparation and serving of food at a facility that provides prepared meals; (c) Storage, preparation and dispensing of medications and the assistance provided by staff to adult residents in taking medications; and (d) Number, experience and training of the staff of a facility. (4) The authority shall provide evidence of the registration to the person. The evidence shall be posted in a facility. (5) The authority may impose a civil penalty not to exceed $5,000 for: (a) Operating without registration as required under this section; or (b) A violation of ORS 443.880 or 443.881. (6) The authority may suspend or revoke registration or deny the issuance of registration for violation of any statute, rule, ordinance or regulation relating to the facility. (7) Rules adopted under subsection (3) of this section must avoid imposing on facilities regulated by federal agencies any reporting requirements or review processes that duplicate the reporting requirements or review processes imposed by the federal agency. [1989 c.581 §1; 1991 c.413 §5; 2007 c.70 §249; 2015 c.740 §3; 2021 c.242 §2] Note: See note under 443.480.
OR Rev Stat § 443.490 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.490 - Waiver of registration.

If the Oregon Health Authority finds that another governmental entity’s standards for the operation of a facility subject to ORS 443.480 to 443.500 are substantially similar or superior to those under ORS 443.485 (3), the authority may waive the requirements of ORS 443.485. [1989 c.581 §2; 2015 c.740 §4; 2021 c.242 §3] Note: See note under 443.480.
OR Rev Stat § 443.495 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.495 - Exemptions.

Nothing in ORS 443.480 to 443.500 applies to: (1) Any facility operated by an institution of higher education. (2) Any private room and board facility approved by an institution of higher education which has as a resident a student or an employee of the institution. (3) Any private or nonprofit retirement facility which does not fall under the generally understood definition of a "room and board facility," a "boarding house" or a "boarding hotel" and where a majority of the residents are retirees. (4) Any privately arranged housing the occupants of which may not be related by blood or marriage. [1989 c.581 §3] Note: See note under 443.480.
OR Rev Stat § 443.500 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.500 - Investigation of registered facilities; access to facilities.

(1) The Oregon Health Authority staff shall be permitted access to enter and investigate complaints of abuse in all facilities registered under ORS 443.480 to 443.500 and to ascertain a facility’s compliance with applicable rules, statutes, ordinances and regulations. If the authority has reasonable cause to believe any facility is operating without registration or is in violation of ORS 443.480 to 443.500, the authority may apply to the circuit court for a search warrant. (2) Upon complaint of any person: (a) The state or local fire inspectors shall be permitted access to enter and inspect facilities registered under ORS 443.480 to 443.500 regarding fire safety. (b) The state or local health officers shall be permitted access to enter and inspect facilities registered under ORS 443.480 to 443.500 regarding health and sanitation. (3) The owner or operator of a facility may not retaliate against any individual who files a complaint or any witness or employee of a facility interviewed about the complaint, including but not limited to retaliation by restriction of a resident’s otherwise lawful access to the facility and, with respect to an employee, retaliation by dismissal or harassment. [1989 c.581 §4; 2015 c.740 §5; 2021 c.242 §4] Note: See note under 443.480.
OR Rev Stat § 443.705 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.705 - Definitions for ORS 443.705 to 443.825.

As used in ORS 443.705 to 443.825: (1) "Adult foster home" means any family home or facility in which residential care is provided in a homelike environment for five or fewer adults who are not related to the provider by blood or marriage. (2) "Licensed adult foster home" means a home which has been investigated and approved by the licensing agency. This includes an in-person site inspection of the facility. (3) "Licensing agency" means: (a) The Department of Human Services for adult foster homes licensed by the department. (b) The Oregon Health Authority for adult foster homes licensed by the authority. (4) "Provider" means any person operating an adult foster home and includes a resident manager. "Provider" does not include the owner or lessor of the building in which the adult foster home is located or the owner or lessor of the land on which the adult foster home is situated unless the owner or lessor is also the operator of the adult foster home. (5) "Residential care" means the provision of room and board and services that assist the resident in activities of daily living, such as assistance with bathing, dressing, grooming, eating, medication management, money management or recreation. (6) "Substitute caregiver" means any person who provides care and services in an adult foster home under the jurisdiction of the licensing agency in the absence of the provider or resident manager. [1983 c.629 §1; 1985 c.663 §1; 1987 c.430 §1; 1991 c.960 §1; 1995 c.180 §1; 1995 c.667 §8; 2001 c.900 §187; 2009 c.595 §791; 2021 c.338 §8]
OR Rev Stat § 443.715 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.715 - Exclusions from definition of "adult foster home."

For purposes of ORS 443.705 to 443.825, "adult foster home" does not include: (1) Any house, institution, hotel, or other similar place that supplies board and room only, or room only, or board only, if no resident thereof requires any element of care. (2) Any specialized living situation for persons with physical disabilities where the licensing agency provides payment for personal care services other than to an adult foster home provider. (3) Any residential facility, as defined in ORS 443.400, licensed and funded by the licensing agency. [1983 c.629 §2; 1985 c.663 §2; 1989 c.224 §103; 1991 c.801 §5; 2001 c.900 §188; 2007 c.70 §250; 2009 c.595 §791a]
OR Rev Stat § 443.720 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.720 - Findings of Legislative Assembly.

(1) The Legislative Assembly finds that: (a) Adult foster homes provide needed care and services to thousands of Oregonians who are elderly or have disabilities and who might otherwise be institutionalized; (b) The protection of the health, safety and well-being of the residents of adult foster homes is an important function of the licensing agency; and (c) Consistent interpretation, application and enforcement of regulatory standards is necessary and desirable for the protection of adult foster home residents. (2) It is legislative intent that: (a) The licensing agency provide training and guidelines for employees assigned to licensing and enforcement to encourage consistency; and (b) The licensing agency take vigorous action to ensure that inspections and investigations are carried out as required by law. [1995 c.667 §7; 2007 c.70 §251; 2009 c.595 §791b]
OR Rev Stat § 443.725 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.725 - License required; on-site provider required; exception; rules.

(1) Every provider of adult foster care must be licensed with the licensing agency before opening or operating an adult foster home caring for adult residents. (2) Except as provided in subsection (4) of this section, a provider must live in the home that is to be licensed or hire a resident manager to live in the home. (3) Except as provided in subsection (4) of this section, there must be a provider or substitute caregiver on duty 24 hours per day in an adult foster home under the jurisdiction of the licensing agency. (4) The licensing agency shall adopt rules establishing standards for granting exceptions to the requirements of subsections (2) and (3) of this section. The standards must be designed to safeguard residents’ health and safety and residents’ uninterrupted receipt of services. [1983 c.629 §3; 1985 c.663 §3; 1991 c.960 §4; 1995 c.667 §9; 2007 c.21 §1; 2009 c.595 §791c]
OR Rev Stat § 443.730 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.730 - Information regarding substitute caregivers required; standards; educational requirements; rules.

(1) The provider shall furnish the names, addresses and telephone numbers of the substitute caregivers employed or used by the provider to the licensing agency upon the request of the agency. (2) The licensing agency shall require the provider to furnish information describing the planned operation of the adult foster home, including the use of substitute caregivers and other staff, as part of the license application. (3) The provider shall not allow a substitute caregiver or other caregiver to provide care to a resident unless the following standards are met and documented: (a) The licensing agency has completed a criminal records check in accordance with ORS 443.004. The licensing agency shall adopt rules to provide for the expedited completion of a criminal records check for the State of Oregon when requested by a licensed provider because of an immediate staffing need. (b) The substitute caregiver has successfully completed the training required by the licensing agency. (c) The caregiver is able to understand and communicate in oral and written English. (d) The provider has oriented the caregiver to the residents in the adult foster home, their care needs and the physical characteristics of the home. (e) The provider has trained the caregiver to meet the routine and emergency needs of the residents. (4) The licensing agency shall establish educational requirements for substitute caregivers and other caregivers designed to impart the practical knowledge and skills necessary to maintain the health, safety and welfare of residents. The training shall include a test established by the licensing agency to be completed by the caregiver. The test shall be completed by the caregiver without the help of any other person. [1995 c.667 §18; 2009 c.595 §791d; 2009 c.837 §30] Note: 443.730 and 443.740 were added to and made a part of 443.705 to 443.825 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.734 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.734 - Adult foster home license classifications; rules.

Consistent with the requirements of ORS 443.705 to 443.825: (1) The Department of Human Services shall adopt: (a) Rules for the licensing of adult foster homes that provide residential care to older adults; (b) Rules for the licensing of adult foster homes that provide residential care to individuals with physical disabilities; and (c) Rules for the licensing of adult foster homes that provide residential care to individuals with intellectual or developmental disabilities. (2) The Oregon Health Authority shall adopt rules for the licensing of adult foster homes that provide residential care to individuals with mental illness. [2019 c.455 §2] Note: 443.734 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.