reglab/housing_qa huggingface dataset:
OR Rev Stat § 441.177 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.177 - Posting of audit reports and civil penalties.

The Oregon Health Authority shall post on a website maintained by the authority: (1) Reports of audits described in ORS 441.157; (2) Any report made pursuant to an investigation of whether a hospital is in compliance with ORS 441.152 to 441.177; (3) Any order requiring a hospital to implement a plan to correct a violation of ORS 441.152 to 441.177; (4) Any order imposing a civil penalty against a hospital or suspending or revoking the license of a hospital pursuant to ORS 441.175; and (5) Any other matter recommended by the Nurse Staffing Advisory Board established under ORS 441.152. [2015 c.669 §11] Note: See note under 441.152.
OR Rev Stat § 441.178 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.178

[2001 c.609 §12; 2001 c.609 §12a; renumbered 441.184 in 2015]
OR Rev Stat § 441.179 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.179 - Definitions for ORS 441.179 to 441.186.

As used in ORS 441.179 to 441.186: (1) "Affiliated hospital" means a hospital that has a business relationship with another hospital. (2) "Hospital" means: (a) An acute inpatient care facility, as defined in ORS 442.470; or (b) A hospital as described in ORS 442.015. (3) "Manager" means a person who: (a) Has authority to direct and control the work performance of nursing staff; (b) Has authority to take corrective action regarding a violation of law or a rule or a violation of professional standards of practice, about which a nursing staff has complained; or (c) Has been designated by a hospital to receive the notice described in ORS 441.181 (2). (4) "Nursing staff" means a registered nurse, a licensed practical nurse, a nursing assistant or any other assistive nursing personnel. (5) "Public body" has the meaning given that term in ORS 30.260. (6) "Retaliatory action" means the discharge, suspension, demotion, harassment, denial of employment or promotion, or layoff of a nursing staff, or other adverse action taken against a nursing staff in the terms or conditions of employment of the nursing staff, as a result of filing a complaint. [Formerly 441.172] Note: 441.179 to 441.192 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 § 441.180 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.180

[2001 c.609 §13; 2009 c.595 §736; 2015 c.669 §15; renumbered 441.185 in 2015]
OR Rev Stat § 441.181 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.181 - Retaliation prohibited.

(1) A hospital may not take retaliatory action against a nursing staff because the nursing staff: (a) Discloses or intends to disclose to a manager, a private accreditation organization or a public body an activity, policy or practice of the hospital or of a hospital that the nursing staff reasonably believes is in violation of law or a rule or is a violation of professional standards of practice that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; (b) Provides information to or testifies before a private accreditation organization or a public body conducting an investigation, hearing or inquiry into an alleged violation of law or rule or into an activity, policy or practice that may be in violation of professional standards of practice by a hospital that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; (c) Objects to or refuses to participate in any activity, policy or practice of a hospital that the nursing staff reasonably believes is in violation of law or rule or is a violation of professional standards of practice that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; or (d) Participates in a committee or peer review process or files a report or a complaint that discusses allegations of unsafe, dangerous or potentially dangerous care. (2) Except as provided in subsection (3) of this section, the protection against retaliatory action in subsection (1) of this section does not apply to a nursing staff, unless the nursing staff, before making a disclosure to a private accreditation organization or a public body as described in subsection (1)(a) of this section: (a) Gives written notice to a manager of the hospital of the activity, policy, practice or violation of professional standards of practice that the nursing staff reasonably believes poses a risk to public health; and (b) Provides the manager a reasonable opportunity to correct the activity, policy, practice or violation. (3) A nursing staff is not required to comply with the provisions of subsection (2) of this section if the nursing staff: (a) Is reasonably certain that the activity, policy, practice or violation is known to one or more managers of the hospital or an affiliated hospital and an emergency situation exists; (b) Reasonably fears physical harm as a result of the disclosure; or (c) Makes the disclosure to a private accreditation organization or a public body for the purpose of providing evidence of an activity, policy, practice or violation of a hospital or an affiliated hospital that the nursing staff reasonably believes is a crime. [Formerly 441.174] Note: See note under 441.179.
OR Rev Stat § 441.182 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.182

[2001 c.609 §14; renumbered 441.186 in 2015]
OR Rev Stat § 441.183 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.183 - Remedies for retaliation.

(1) A nursing staff aggrieved by an act prohibited by ORS 441.181 may bring an action in circuit court of the county in which the hospital is located. All remedies available in a common law tort action are available to a nursing staff if the nursing staff prevails in an action brought under this subsection and are in addition to any remedies provided in subsection (2) of this section. (2) In an action brought under subsection (1) of this section, a circuit court may do any of the following: (a) Issue a temporary restraining order or a preliminary or permanent injunction to restrain a continued violation of ORS 441.181. (b) Reinstate the nursing staff to the same or equivalent position that the nursing staff held before the retaliatory action. (c) Reinstate full benefits and seniority rights to the nursing staff as if the nursing staff had continued in employment. (d) Compensate the nursing staff for lost wages, benefits and other remuneration, including interest, as if the nursing staff had continued in employment. (e) Order the hospital to pay reasonable litigation costs of the nursing staff, including reasonable expert witness fees and reasonable attorney fees. (f) Award punitive damages as provided in ORS 31.730. (3) Except as provided in subsection (4) of this section, in any action brought by a nursing staff under subsection (1) of this section, if the court finds that the nursing staff had no objectively reasonable basis for asserting the claim, the court may award costs, expert witness fees and reasonable attorney fees to the hospital. (4) A nursing staff may not be assessed costs or fees under subsection (3) of this section if, upon exercising reasonable and diligent efforts after filing the action, the nursing staff moves to dismiss the action against the hospital after determining that no issue of law or fact exists that supports the action against the hospital. [Formerly 441.176] Note: See note under 441.179.
OR Rev Stat § 441.184 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.184 - Unlawful employment practices; civil action for retaliation.

(1) A hospital that takes any retaliatory action described in ORS 441.181 against a nursing staff commits an unlawful employment practice. (2) A nursing staff claiming to be aggrieved by an alleged violation of ORS 441.181 may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. Except for the provisions of ORS 659A.870, 659A.875, 659A.880 and 659A.885, violation of ORS 441.181 is subject to enforcement under ORS chapter 659A. (3) Except as provided in subsection (4) of this section, a civil action under ORS 441.183 must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820. (4) The nursing staff who has filed a complaint under ORS 659A.820 must commence a civil action under ORS 441.183 within 90 days after a 90-day notice is mailed to the nursing staff under this section. (5) The commissioner shall issue a 90-day notice to the nursing staff: (a) If the commissioner dismisses the complaint within one year after the filing of the complaint and the dismissal is for any reason other than the fact that a civil action has been filed. (b) On or before the one-year anniversary of the filing of the complaint unless a 90-day notice has previously been issued under paragraph (a) of this subsection or the matter has been resolved by the execution of a settlement agreement. (6) A 90-day notice under this section must be in writing and must notify the nursing staff that a civil action against the hospital under ORS 441.183 may be filed within 90 days after the date of mailing of the 90-day notice and that any right to bring a civil action against the hospital under ORS 441.183 will be lost if the action is not commenced within 90 days after the date of mailing of the 90-day notice. (7) The remedies under this section and ORS 441.183 are supplemental and not mutually exclusive. [Formerly 441.178] Note: See note under 441.179.
OR Rev Stat § 441.185 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.185 - Hospital posting of notice.

(1) A hospital shall post a notice summarizing the provisions of ORS 441.181, 441.183, 441.184 and 441.192 in a conspicuous place on the premises of the hospital. The notice must be posted where notices to employees and applicants for employment are customarily displayed. (2) Any hospital that willfully violates this section is subject to a civil penalty not to exceed $500. Civil penalties under this section shall be imposed by the Oregon Health Authority in the manner provided by ORS 183.745. [Formerly 441.180] Note: See note under 441.179.
OR Rev Stat § 441.186 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.186 - Rights, privileges or remedies of nursing staff.

(1) Except as provided in subsection (2) of this section, nothing in ORS 441.183 and 441.184 shall be deemed to diminish any rights, privileges or remedies of a nursing staff under federal or state law or regulation or under any collective bargaining agreement or employment contract. (2) ORS 441.183 and 441.184 provide the only remedies under state law for a nursing staff for an alleged violation of ORS 441.181 committed by a hospital. [Formerly 441.182] Note: See note under 441.179.
OR Rev Stat § 441.192 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.192 - Notice of employment outside of hospital.

(1) A hospital, as defined in ORS 441.179, may require a registered nurse who is receiving full employment benefits from the hospital to provide notice of any outside employment that may reasonably impede the ability of the nurse to fulfill the nurse’s obligation to the hospital in providing nursing services to patients under the hospital’s care. (2) If a hospital determines that the outside employment causes a risk to patients receiving services in the hospital, the hospital may require the nurse to discontinue the outside employment. (3) A hospital may not unreasonably restrict the outside employment of nurses and may restrict outside employment only if the hospital provides in writing to the nurse an explanation of the hospital’s documentation that the outside employment creates a risk to patients in the hospital. A nurse who does not discontinue outside employment if required by the hospital may be disciplined or terminated from employment by the hospital. (4) A nurse who does not provide notice as required by a hospital pursuant to this section may be disciplined or terminated from employment by the hospital if the failure to provide notice creates a risk to a patient in the hospital. [2001 c.609 §18] Note: See note under 441.179.
OR Rev Stat § 441.195 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.195

[1957 s.s. c.13 §1; renumbered 440.305]
OR Rev Stat § 441.196 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.196

[2015 c.466 §2; renumbered 441.054 in 2019]
OR Rev Stat § 441.198 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.198

[2015 c.263 §2; renumbered 441.051 in 2019]
OR Rev Stat § 441.200 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.200

[1957 s.s. c.13 §2; renumbered 440.310]
OR Rev Stat § 441.205 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.205

[Amended by 1969 c.343 §1; renumbered 440.315]
OR Rev Stat § 441.210 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.210

[Amended by 1969 c.343 §2; 1971 c.727 §114; renumbered 440.320]
OR Rev Stat § 441.221 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.221 - Advisory Committee on Physician Credentialing Information; membership; terms.

(1) The Advisory Committee on Physician Credentialing Information is established within the Oregon Health Authority. The committee consists of nine members appointed by the Director of the Oregon Health Authority or the director’s designee as follows: (a) Three members who are health care practitioners licensed by the Oregon Medical Board or representatives of health care practitioners’ organizations doing business within the State of Oregon; (b) Three representatives of hospitals licensed by the Oregon Health Authority; and (c) Three representatives of health care service contractors that have been issued a certificate of authority to transact health insurance in this state by the Department of Consumer and Business Services. (2) All members appointed pursuant to subsection (1) of this section must be knowledgeable about national standards relating to the credentialing of health care practitioners. (3) The term of appointment for each member of the committee is three years. If, during a member’s term of appointment, the member no longer qualifies to serve as designated by the criteria of subsection (1) of this section, the member must resign. If there is a vacancy for any cause, the director or the director’s designee shall make an appointment to become immediately effective for the unexpired term. (4) Members of the committee are not entitled to compensation or reimbursement of expenses. [Formerly 442.800; 2015 c.318 §25; 2017 c.101 §33; 2017 c.384 §6] Note: 441.221 to 441.223 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 § 441.222 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.222 - Committee recommendations.

(1) The Advisory Committee on Physician Credentialing Information shall develop and submit recommendations to the Director of the Oregon Health Authority for the collection of uniform information necessary for credentialing organizations to credential health care practitioners seeking designation as a participating provider or member of a credentialing organization. The recommendations must specify: (a) The content and format of a credentialing application form; and (b) The content and format of a recredentialing application form. (2) The committee shall meet at least once every calendar year to review the uniform credentialing information and to assure the director that the information complies with credentialing standards developed by national accreditation organizations and applicable regulations of the federal government. (3) The Oregon Health Authority shall provide the support staff necessary for the committee to accomplish its duties. [Formerly 442.805; 2015 c.318 §26] Note: See note under 441.221.
OR Rev Stat § 441.223 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.223 - Implementation of committee recommendations; rules.

(1) Upon receiving the recommendations of the Advisory Committee on Physician Credentialing Information, the Oregon Health Authority shall: (a) Adopt administrative rules in a timely manner, as required by the Administrative Procedures Act, for the purpose of effectuating the provisions of ORS 441.221 to 441.223; and (b) Ensure that the rules adopted by the Oregon Health Authority are identical and are consistent with the recommendations developed pursuant to ORS 441.222 for affected credentialing organizations. (2) The uniform credentialing information required pursuant to the administrative rules of the Oregon Health Authority represents the minimum uniform credentialing information required by the affected credentialing organizations. Except as provided in subsection (3) of this section, a credentialing organization may request additional credentialing information from a health care practitioner for the purpose of completing credentialing procedures used by the credentialing organization to credential health care practitioners. (3) In credentialing a telemedicine provider, a hospital is subject to the requirements prescribed by rule by the authority under ORS 441.056. [Formerly 442.807; 2021 c.50 §14] Note: See note under 441.221.
OR Rev Stat § 441.277 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.277 - Definitions for ORS 441.277 to 441.323.

As used in ORS 441.277 to 441.323: (1) "Facility" means a long term care facility as defined in ORS 442.015 or a residential care facility as defined in ORS 443.400. "Facility" does not include facilities licensed, certified or otherwise authorized under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 by the Department of Human Services. (2) "Licensee" means any person licensed by the department to operate a facility other than a trustee appointed under ORS 441.281 or a temporary manager appointed under ORS 441.333. (3) "Monitor" means an agent of the Director of Human Services designated by the director to observe the operation of a facility. [1981 c.868 §1; 1987 c.428 §17; 1987 c.548 §5; 2001 c.900 §173; 2003 c.14 §254; 2009 c.539 §20; 2016 c.106 §49]
OR Rev Stat § 441.280 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.280

[Amended by 1969 c.343 §11; 1971 c.727 §117; renumbered 440.325]
OR Rev Stat § 441.281 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.281 - Petition for appointment of trustee; hearing; order.

(1) The Director of Human Services may petition the circuit court for Marion County or for the county in which a facility is located for an order appointing a trustee to administer the facility for a period not to exceed 18 months. (2) The court shall hold a hearing on a petition filed under this section within 10 days of the filing of the petition. The petition shall be placed at the head of the docket. (3) The petition and notice of the hearing shall be served on the licensee for the facility. Service at the facility to the individual in charge shall be considered service on the licensee. (4) If the court determines at the hearing that grounds exist under ORS 441.286 for the appointment of a trustee under this section, the court shall enter the order. (5) If there exists a serious and immediate risk of harm or death to patients of a facility, the director may file with the petition described in subsection (1) of this section an ex parte motion for the preliminary appointment of a trustee. The motion shall be supported by affidavits demonstrating the qualifications of the proposed trustee and the need for an immediate appointment of a trustee to protect the patients prior to a hearing. If the court grants the motion for the preliminary appointment of a trustee, the court shall set a hearing on the merits of the petition within five judicial days. Pending the court’s order on the petition described in subsection (1) of this section, a preliminary trustee appointed pursuant to this subsection shall have all of the powers and duties described in ORS 441.289. [1981 c.868 §2; 1985 c.648 §1; 1987 c.428 §18; 2009 c.539 §1]
OR Rev Stat § 441.286 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.286 - Grounds for appointment of trustee.

There are grounds for the appointment of a trustee under ORS 441.281 if a court finds that the health and welfare of patients in a facility are or in the immediate future will be in jeopardy and the finding is based on one or more of the following: (1) Prior inspections or investigations of complaints by the Department of Human Services revealed that the facility was not in compliance with rules of the department and the department’s attempts to bring the facility into compliance are unsuccessful. (2) The health and welfare of patients at the facility are in jeopardy due to continued noncompliance of the facility over a seven-day period after an inspection or investigation of a complaint, demonstrated by one or more of the following: (a) Physicians’ orders are not being followed correctly. (b) Direct patient care is lacking or inadequate to the point that a patient has suffered or is suffering physical harm. (c) The levels of staffing are deficient to the point of causing physical or mental harm to a patient. (d) The department has determined that a physical injury to a patient of a facility has been caused by other than accidental means and the licensee has not taken necessary action. (3) The licensee is unwilling or unable to upgrade the quality of patient care to the level necessary to protect the health and welfare of the patients. (4) The facility is insolvent. (5) The department has revoked or suspended the license of the facility. (6) The licensee intends to cease operations and to close the facility and has not made adequate arrangements for relocation of the patients. (7) The monitors are refused access to the facility. (8) The licensee agreed to the appointment of a temporary manager under ORS 441.333, but subsequently revoked consent for a temporary manager or is interfering with the ability of the temporary manager to operate the facility. [1981 c.868 §3; 1985 c.648 §2; 1987 c.428 §19; 2009 c.539 §2]
OR Rev Stat § 441.290 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.290

[Renumbered 440.335]