reglab/housing_qa huggingface dataset:
OR Rev Stat § 441.678 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.678 - Review of finding that nursing assistant responsible for abuse; name placed in registry.

(1) If a nursing assistant found by the Department of Human Services to be responsible for abuse does not respond to the department within 30 days after notice of the opportunity for a contested case hearing, the department shall place the abuse finding in the registry maintained under this section. (2) If a nursing assistant is found to be responsible for abuse, the nursing assistant is entitled to a contested case hearing under ORS chapter 183. Upon a finding of abuse in a final order, the department shall place the finding in the registry maintained under this section. (3) The department shall maintain a nursing assistant registry that contains, at a minimum, the information required by 42 C.F.R. 483.156. [1993 c.759 §16; 2001 c.900 §174; 2009 c.72 §2] Note: See note under 441.637.
OR Rev Stat § 441.679 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.679 - Preemployment inquiries; when employment prohibited.

(1) Before employing a registered nurse, licensed practical nurse or nursing assistant, a long term care facility shall contact the Oregon State Board of Nursing and inquire whether the person is currently licensed or certified by the board and whether there has been any disciplinary action against the person or substantiated abuse findings against a nursing assistant. (2) A facility shall not employ or retain in employment any person found by a court of law to have abused, neglected or mistreated a person receiving long term care services, nor shall a facility employ or retain in employment any nursing assistant against whom a finding of resident abuse has been entered into the registry maintained under ORS 441.678. [1993 c.759 §15; 2009 c.72 §3] Note: See note under 441.637.
OR Rev Stat § 441.680 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.680 - Spiritual healing alone not considered abuse of resident.

A resident who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, not be considered an abused resident within the meaning of ORS 441.630 to 441.680. [1979 c.770 §11; 1993 c.759 §13; 2017 c.679 §43]
OR Rev Stat § 441.685 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.685 - Monitors; designation; duties; peer review of facilities.

(1) Upon receipt of a report under ORS 441.645 to 441.680 or upon receipt of a complaint by a resident or legal guardian of a resident, or other public or private official, as defined in ORS 441.630 by the Department of Human Services, the Director of Human Services may designate monitors who shall observe the activities of the facility and report to the director. The monitors may be designated without prior notice to the operator or owner of the facility. The monitors shall observe the operations of the facility for a period of not to exceed 10 days, assist the facility by advising it on how to comply with state requirements and shall submit a written report periodically to the director on the operation and condition of the facility. (2) The monitors shall have access to the facilities to the extent necessary to carry out their duties. The monitors shall also have access to all records pertaining to the operation of the facility. (3) Upon completion of their investigations, the monitors shall file a final report with the director and may: (a) Find that problems in the facility have been resolved and recommend that further action by the department is unnecessary; (b) Find that the problems in the facility are continuing but the facility owner, operator or other controlling person can resolve them within a period of not more than three months, and that during the three-month period the health and welfare of the residents of the facility are not jeopardized thereby; or (c) Find that the problems of the facility have not been resolved and the department should take steps to obtain compliance with resident care standards and continue monitoring for an additional period. (4) Associations representing long term care facilities may initiate a peer review process for any facility that is a member of the association and that is the subject of any complaint filed against it under ORS 441.630 to 441.685, 678.155 and 678.445 or any other provision of law. The report of the peer review process shall be submitted to the department. The peer review described in this subsection is in addition to and not in lieu of any other investigation, observation or report of the monitors otherwise required or authorized by ORS 441.630 to 441.685, 678.155 and 678.445. The association and persons conducting the peer review process acting in good faith shall not be subject to an action for civil damages as a result thereof. (5) As used in this section: (a) "Department" means the Department of Human Services. (b) "Director" means the Director of Human Services. (c) "Facility" means a long term care facility as defined in ORS 442.015. (d) "Monitor" means an agent of the director designated by the director to observe the operation of a facility. [1979 c.770 §§12,13; 1987 c.428 §32; 1993 c.759 §14; 2001 c.900 §175]
OR Rev Stat § 441.690 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.690 - Complainant may accompany investigator.

Upon the request of any person filing a complaint to be investigated by the Department of Human Services against a long term care facility, as defined in ORS 442.015, or against a residential care facility, as defined in ORS 443.400, the complainant or a designee thereof, or both, shall be allowed to accompany an investigator to the site of the alleged violation. [1981 c.241 §1; 1987 c.428 §33; 1987 c.548 §6; 2001 c.900 §176]
OR Rev Stat § 441.695 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.695 - Conduct of investigation.

In investigating all complaints under ORS 441.690, the investigator shall: (1) Interview all available witnesses identified by any sources as having personal knowledge relevant to the complaint; (2) Make personal inspection of all physical circumstances that are relevant and material to the complaint and which are susceptible of objective observation; (3) Not decline to interview a witness or consider the testimony of the witness solely because the witness is neither a health care professional nor an employee of the facility; and (4) Write a report which includes: (a) The investigator’s personal observations; (b) A review of documents and records; (c) A summary of all witness statements; and (d) A statement of the basis for the finding. [1981 c.241 §2]
OR Rev Stat § 441.697 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.697 - Prescribed drug supply for unscheduled therapeutic leave from long term care facility; dispensing of drugs by registered nurse.

(1) When a resident of a long term care facility has the opportunity for an unscheduled therapeutic leave that would be precluded by the lack of an available pharmacist to dispense drugs prescribed by a licensed practitioner, a registered nurse designated by the facility who agrees to such designation may provide the resident or a responsible person with up to a 72-hour supply of a prescribed drug or drugs for use during that leave from the resident’s previously dispensed package of such drugs. (2) The drugs shall only be provided in accordance with protocols developed by the pharmaceutical services committee of the long term facility and the protocol shall be available for inspection. These protocols shall include the following: (a) Criteria as to what constitutes an unscheduled therapeutic leave requiring the provision of drugs by the registered nurse or consultant or staff pharmacist; (b) Procedures for repackaging and labeling the limited supply of previously dispensed drugs by the designated registered nurse that comply with all state and federal laws concerning the packaging and labeling of drugs; (c) Provision to assure that none of the medication provided to the resident or responsible person may be returned to the resident’s previously dispensed package of such drug or to the facility’s stock; and (d) A record-keeping mechanism that provides for the maintenance of a permanent log that includes the following information: (A) The name of the person to whom the drug was provided; (B) The drug and quantity provided; (C) The date and time that the request for the drug was made; (D) The date and time that the drug was provided; (E) The name of the registered nurse who provided the drug; and (F) The conditions or circumstances that precluded a pharmacist from providing the drug. [1987 c.205 §1] Note: 441.697 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 441.700 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.700 - Access to facilities by persons providing services.

(1) Long term care facilities, as defined in ORS 442.015, and residential care facilities, as defined in ORS 443.400, subject to ORS 441.605 (11), shall permit individuals and representatives of community service organizations, including community legal services programs, whose purpose is rendering service without charge to residents, to have full and free access to the facility during reasonable visiting hours to: (a) Visit, talk with and make personal, social and legal services available to all residents. (b) Inform residents of their rights and entitlements, and their corresponding obligations, under federal and state laws by means of distribution of educational materials and discussion in groups and with individual residents. (c) Assist residents in asserting their rights regarding claims for public assistance, medical assistance and Social Security benefits and other rights. Assistance may be provided individually, as well as on a group basis. (d) Engage in all other methods of assisting, advising and representing residents so as to extend to them the full enjoyment of their rights. (2) A resident retains the right to refuse contact by any individual or group having access to the facility under this section. (3) As used in this section, "full and free access" means access to the fullest extent possible without undue adverse interference on the operation of the facility. [1981 c.99 §1; 1987 c.548 §7]
OR Rev Stat § 441.703 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.703 - Complaint file; summary; availability on request.

(1) Except as provided in subsection (2) of this section, the Department of Human Services shall maintain a listing of all long term care facilities, as defined in ORS 442.015, by name and address and for each indicating: (a) The complaint file number. (b) The category of the complaint, whether staffing, food, patient care or other. (c) A brief description of the complaint. (d) The department’s finding. (e) Action taken by the department. (f) Fines assessed, if any. (g) Fines paid, if any. (2) The department shall maintain a separate listing of all complaints it considers unsupported by findings indicating the information required by subsection (1)(a) to (d) of this section. (3) The information described in subsections (1) and (2) of this section shall be noted in summary form on annual cover sheets for the file on a particular facility. The cover sheets shall not contain any of the information made confidential under ORS 441.671. Copies of the cover sheets shall be made available to the public at cost on request. Upon such request, the department shall provide only copies of the cover sheets described in subsection (1) of this section unless the information described in subsection (2) of this section is specifically requested. (4) The listing maintained pursuant to subsection (1) of this section shall contain the following notice: ______________________________________________________________________________ NOTICE: This cover sheet does not contain information on complaints that the Department of Human Services considers unsupported by findings or on complaints still under investigation by the department. The department will make information regarding such complaints available upon request. ______________________________________________________________________________ (5) The department shall provide a written explanation summarizing the complaint system with each copy of a cover sheet provided under subsection (3) of this section. [1981 c.721 §1; 1987 c.428 §34]
OR Rev Stat § 441.705 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.705 - Definitions for ORS 441.705 to 441.745.

As used in ORS 441.705 to 441.745: (1) "Direct patient care or feeding" means any care provided directly to or for any patient related to that patient’s physical, medical and dietary well-being as defined by rules of: (a) The Department of Human Services when the facility is a long term care facility, as defined in ORS 442.015, or a residential care facility, residential training facility or residential training home; and (b) The Oregon Health Authority if the facility is a residential treatment facility or a residential treatment home. (2) "Person" means a licensee of a long term care facility, a residential care facility, a residential training facility, a residential treatment facility, a residential training home or a residential treatment home, or an unlicensed person who the Director of Human Services finds should be licensed to operate a long term care facility, a residential care facility, a residential training facility or a residential training home, or an unlicensed person who the Director of the Oregon Health Authority finds should be licensed to operate a residential treatment facility or residential treatment home. "Person" does not mean an employee of a licensee or unlicensed person who the Director of Human Services or the Director of the Oregon Health Authority finds should be licensed. (3) "Residential care facility," "residential training facility," "residential training home," "residential treatment facility" and "residential treatment home" have the meanings given those terms in ORS 443.400. (4) "Staff to patient ratio" means the number and training of persons providing direct patient care as defined in rules of the: (a) Department if the facility is a long term care facility, a residential care or residential training facility or a residential training home; or (b) Authority if the facility is a residential treatment facility or a residential treatment home. [1975 c.328 §9; 1977 c.261 §7; 1987 c.428 §35; 2001 c.900 §177; 2003 c.14 §256; 2009 c.595 §738; 2021 c.392 §6] Note: 441.705 to 441.745 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 441.710 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.710 - Civil penalties; when imposed.

(1)(a) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person pursuant to ORS 441.731 for any of the following: (A) Violation of any of the terms or conditions of a license issued under ORS 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to 442.463 for a long term care facility, as defined in ORS 442.015. (B) Violation of ORS 441.630 to 441.680. (C) Violation of any rule or general order of the Department of Human Services that pertains to a long term care facility. (D) Violation of any final order of the director that pertains specifically to the long term care facility owned or operated by the person incurring the penalty. (E) Violation of ORS 441.605 or of rules required to be adopted under ORS 441.610. (F) Violation of ORS 443.880 or 443.881 if the facility is a residential care facility. (b) In addition to any other liability or penalty provided by law, the director may impose a civil penalty on a residential training facility or residential training home for violation of ORS 443.880 or 443.881. The director shall prescribe a reasonable time for elimination of a violation by a residential training facility or residential training home: (A) Not to exceed 30 days after first notice of a violation; or (B) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director. (2) In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty on a person for a violation of ORS 443.880 or 443.881 if the facility is a residential treatment facility or a residential treatment home. (3) The Director of Human Services may not impose a penalty under subsection (1) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 441.605 or 443.880 or 443.881 or of the rules required to be adopted by ORS 441.610 unless a violation is found on two consecutive surveys of a long term care facility. (4) The Director of the Oregon Health Authority may not impose a penalty under subsection (2) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 443.880 or 443.881. The director in every case shall prescribe a reasonable time for elimination of a violation: (a) Not to exceed 30 days after first notice of a violation; or (b) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director. [1975 c.328 §1; 1977 c.261 §8; 1979 c.261 §8; 1983 c.740 §159; 1987 c.428 §36; 1991 c.413 §4; 2009 c.595 §739; 2011 c.9 §61; 2017 c.679 §7] Note: See note under 441.705.
OR Rev Stat § 441.712 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.712 - Notice of civil penalty.

(1) Any civil penalty under ORS 441.710 shall be imposed in the manner provided by ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before: (a) The Director of Human Services if the facility is a long term care facility, residential care facility, residential training facility or residential training home; or (b) The Director of the Oregon Health Authority if the facility is a residential treatment facility or residential treatment home. [1977 c.261 §6; 1987 c.428 §37; 1991 c.734 §23; 2003 c.14 §257; 2009 c.595 §740] Note: See note under 441.705.
OR Rev Stat § 441.715 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.715 - Criteria for civil penalties; rules.

(1) The Director of Human Services shall impose civil penalties under ORS 441.710 (1) on a residential care facility or a long term care facility pursuant to ORS 441.731. (2) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (1) on residential training facilities and residential training homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law. (3) The Director of the Oregon Health Authority by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (2) on residential treatment facilities or residential treatment homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law. (4) Notwithstanding the limitations on the civil penalty in subsections (2) and (3) of this section, for any violation by a residential training facility, residential training home, residential treatment facility or residential treatment home involving direct resident care or feeding, an adequate staff to resident ratio or sanitation involving direct resident care, a penalty may be imposed for each day the violation occurs in an amount not to exceed $500 per day or as otherwise required by federal law. [1975 c.328 §2; 1977 c.261 §9; 1979 c.261 §9; 1987 c.428 §38; 1993 c.759 §17; 2009 c.595 §741; 2009 c.828 §85; 2014 c.104 §10; 2017 c.679 §8] Note: See note under 441.705.
OR Rev Stat § 441.720 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.720 - Remittance or reduction of penalties.

A civil penalty imposed under ORS 441.710 may be remitted or reduced upon such terms and conditions as the Director of the Oregon Health Authority or the Director of Human Services considers proper and consistent with the public health and safety. [1975 c.328 §3; 1987 c.428 §39; 2009 c.595 §742] Note: See note under 441.705.
OR Rev Stat § 441.726 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.726 - Progressive enforcement process.

(1) In regulating residential care facilities and long term care facilities, the Department of Human Services shall prioritize the health, welfare, safety and rights of residents. (2) The department may, as appropriate, use a progressive enforcement process that employs a series of actions to encourage and compel compliance with licensing regulations through the application of preventive, positive and progressively more restrictive strategies. Preventive and positive strategies are strategies that include but are not limited to technical assistance, corrective action plans, training and consultation. (3) This section does not restrict the ability of the department to use more restrictive strategies when necessary to achieve substantial compliance or to protect the health, welfare, safety and rights of residents, including by imposing license conditions under ORS 441.736 or, for residential care facilities, taking additional steps dictated by the framework established under ORS 443.436. [2017 c.679 §3; 2021 c.392 §3] Note: See note under 441.705.
OR Rev Stat § 441.740 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.740 - Judicial review.

Judicial review of civil penalties imposed under ORS 441.710, shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1975 c.328 §7] Note: See note under 441.705.