reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.432 - Acuity-based staffing tool.

(1) The Department of Human Services shall develop or obtain, maintain and use, in collaboration with residential care facilities, an objective, technology-based, acuity-based staffing tool. The department may use the tool to:
(a) Evaluate whether a residential care facility has qualified awake caregivers sufficient in number to meet the 24-hour scheduled and unscheduled needs of each resident; and
(b) Assess the number of direct care staff hours required by a particular residential care facility to meet each resident’s scheduled and unscheduled needs.
(2) The acuity-based staffing tool shall be made available to residential care facilities to:
(a) Enable the residential care facilities to assess their staffing needs and determine whether they have a sufficient number of qualified awake caregivers to meet the 24-hour scheduled and unscheduled needs of each resident;
(b) Communicate the required staffing needs and each residential care facility’s staffing plan to residents, their family members and other persons; and
(c) Demonstrate to the department that the residential care facility’s staffing plan meets the 24-hour scheduled and unscheduled needs of each resident.
(3) The department is not required to use the tool described in this section in every circumstance in which residential care facility staffing is evaluated, but the department must use the tool in collaboration with the facility if the department is considering imposing a staffing requirement on a facility as part of a licensing condition and the department and the facility are not in agreement about whether staffing meets the residents’ scheduled and unscheduled needs or the staffing standards proposed by the department. [2017 c.679 §24]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.433 - Direct care staff training in dementia care; rules.

(1) In addition to any other training required by law, all direct care staff employed by a residential care facility shall, prior to providing direct care to residents of the facility, complete training in dementia care that includes:
(a) Education on the dementia disease process, including the progression of the disease, memory loss, psychiatric and behavioral symptoms;
(b) Techniques for understanding and managing behavioral symptoms, including but not limited to reducing the use of antipsychotic medications for nonstandard uses;
(c) Strategies for addressing the social needs of persons with dementia and providing them with meaningful activities; and
(d) Information on addressing specific aspects of dementia care and ensuring the safety of residents with dementia, including but not limited to how to:
(A) Address pain;
(B) Provide food and fluids;
(C) Prevent wandering and elopement; and
(D) Use a person-centered approach.
(2) A residential care facility shall provide a certificate of completion to direct care staff who complete the training described in subsection (1) of this section. If a member of the direct care staff is employed by a different residential care facility no later than 24 months after completing the training, the facility may elect to not require the staff member to repeat the training.
(3) In addition to the training described in subsection (1) of this section, direct care staff each must complete annually at least six hours of training in dementia care. This training may be part of any existing continuing education requirement imposed by law.
(4) All training in dementia care provided to direct care staff must be approved by a private or nonprofit organization that is approved by the Department of Human Services and that has expertise and specializes in educational training for residential care facility staff.
(5) All training in dementia care provided to direct care staff must reflect current standards for dementia care and be informed by the best evidence in the care and treatment of dementia.
(6) The department shall prescribe by rule how to assess the competency of direct care staff. [2017 c.679 §25]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.434 - Staffing data.

A residential training facility or residential training home licensed by the Department of Human Services shall submit annual staffing data to a nationally standardized reporting survey organization specified by the Department of Human Services. The department shall obtain state-specific data from the nationally standardized reporting survey organization, disaggregated by provider. [2017 c.707 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.439 - Increases in compensation of direct support professionals; legislative intent.

It is the intent of the Legislative Assembly that, when the Legislative Assembly approves increases in funding of services provided by residential training facilities or residential training homes, wages and health benefits paid to direct support professionals in the residential training facilities or residential training homes be increased at a comparable rate. [2017 c.707 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.440

[1977 c.717 §12; 2005 c.22 §310; 2009 c.595 §786; 2009 c.828 §32; 2017 c.679 §26; renumbered 443.421 in 2019]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.443 - Information provided upon application for admission.

(1) A residential care facility, which includes an assisted living facility, shall provide, at a minimum, the following information to an individual or any person acting on behalf of the individual at the time the individual applies for admission to the residential care facility and upon request:
(a) A summary explanation of the services provided by the facility;
(b) A summary explanation of the types of care that the facility does not provide;
(c) A statement that if the facility is not capable of meeting the resident’s needs for care and services, the facility may require the resident to pursue other options, including by moving to another facility or care setting;
(d) A statement that if a resident leaves the facility to receive acute medical, psychiatric, nursing facility or other care, before the resident may return to the facility, the facility will first evaluate whether the facility is capable of meeting the resident’s care needs and, if not, the resident will not be permitted to return to the facility;
(e) A statement of a resident’s right to appeal if the facility requires the resident to leave the facility or does not permit the resident to return to the facility, as described in paragraphs (c) and (d) of this subsection; and
(f) A statement of whether the facility will arrange for or otherwise coordinate hospice care for a resident upon request.
(2) The information described in subsection (1) of this section must:
(a) Be in writing;
(b) Be written in plain English;
(c) Be explained to the individual or the person acting on behalf of the individual in a manner the individual or person understands;
(d) Be provided separately from all other disclosure and residency agreement documents; and
(e) Require the signature of the individual or the person acting on behalf of the individual acknowledging that the individual or person understands the content and the implications of the information.
(3) A residential care facility must update and submit to the Department of Human Services the information described in this section at any time there is a change in management or ownership of the facility. The department shall make the information available to the public on the department’s facility search website. [2019 c.554 §2; 2021 c.655 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.444 - Information provided upon admission.

Upon the admission of a resident to a residential care facility, the facility shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.445 - Persons admissible at facilities and homes; transfer of persons requiring certain treatment; operation of facilities by persons relying on spiritual means for healing.

(1) A residential facility may not admit individuals who require continuous nursing care except as provided in subsection (3) of this section.
(2) Except as provided in subsection (3) of this section, if any resident of a residential facility requires nursing care for eight or more consecutive days or a physician or the designee of a physician, a naturopathic physician or a registered nurse certifies that continued nursing care is required, the resident shall be transferred to an appropriate health care facility for as long as necessary.
(3) A resident of a residential care facility, residential training facility or residential training home who requires nursing care in addition to training or care needs, or any combination thereof, may be served by that facility or home with approval from the Department of Human Services and in accordance with the rules of the department and consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150 (8).
(4) A resident of a residential treatment facility or residential treatment home who requires nursing care in addition to treatment needs may be served by that facility or home with approval from the Oregon Health Authority and in accordance with the rules of the authority and consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150 (8).
(5) A residential facility may not admit individuals of categories other than those designated on its license without prior written consent of the licensing agency.
(6) In the case of residential facilities supervised by and operated exclusively for persons who rely upon prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized church or religious denomination, no medical, psychological or rehabilitative procedures shall be required. [1977 c.717 §5; 1991 c.292 §2; 2001 c.900 §185; 2009 c.535 §33; 2009 c.595 §787; 2017 c.356 §72]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.447 - Quality Measurement Council.

(1) The Quality Measurement Council is established in the Department of Human Services to prescribe how the department shall implement the Residential Care Quality Measurement Program established under ORS 443.446.
(2) The council consists of nine members, appointed by the Governor, as follows:
(a) One individual representing the Oregon Patient Safety Commission;
(b) One individual representing residential care facilities;
(c) One consumer representative from an Alzheimer’s advocacy organization;
(d) One licensed health care practitioner with experience in geriatrics;
(e) Two individuals associated with an academic institution who have expertise in research using data and analytics and in community-based care and quality reporting;
(f) The Long Term Care Ombudsman or a designee of the Long Term Care Ombudsman;
(g) One individual representing the department; and
(h) One direct care worker or a representative of a direct care worker who works in a residential care facility.
(3)(a) On and after January 1, 2022, the council may update by rule the quality metrics to be reported by residential care facilities under ORS 443.446.
(b) In developing quality metrics the council shall consider whether the data that must be reported reflect and promote quality care and whether reporting the data is unnecessarily burdensome on residential care facilities. [2017 c.679 §16; 2021 c.655 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.448 - Choice of prescription and nonprescription drugs and supplies.

(1) As used in this section, "supplier" includes an authorized representative of the patient who purchases nonprescription medication or nonprescription sickroom supplies at retail.
(2) A resident in a residential facility must have a choice:
(a) From among prescription drug delivery systems as long as the system selected:
(A) Provides for timely delivery of drugs;
(B) Provides adequate protection to prevent tampering with drugs;
(C) Provides that drugs are delivered in a unit of use compatible with the established system of the facility for dispensing drugs, whether that system is provided by a facility pharmacy or by a contract with a pharmacy; and
(D) Provides a 24-hour emergency service procedure either directly or by contract with another pharmacy;
(b) From among suppliers of nonprescription medication, although no facility is required to accept any opened container of such medication; and
(c) From among suppliers of nonprescription sickroom supplies as long as any items supplied can be maintained in a clean manner with equipment available at the facility.
(3) If the established system of the facility, whether that system is provided by a facility pharmacy or a pharmacy under contract, provides patient profile information, the pharmacy chosen by the resident under subsection (2)(a) of this section must also provide that information for any resident it serves at the facility. [Formerly 443.437]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.449 - Prescription drug packaging.

(1) A residential care facility shall ensure that prescription drugs dispensed to residents of the facility are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs.
(2) Subsection (1) of this section does not apply to residents receiving pharmacy benefits through the United States Department of Veterans Affairs if the pharmacy benefits do not reimburse the cost of such packaging. [Formerly 443.438]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.450 - Rules.

(1) For a residential care facility, residential training facility or residential training home, the Director of Human Services shall adopt rules governing:
(a) The physical properties of the facility or home;
(b) Storage, preparation and serving of food;
(c) Care or training to be provided;
(d) The number, experience and training of the staff; and
(e) Any other factors affecting the care or training provided.
(2) For a residential treatment facility or residential treatment home, the Director of the Oregon Health Authority shall adopt rules governing:
(a) The physical properties of the facility or home;
(b) Storage, preparation and serving of food;
(c) Treatment to be provided;
(d) The number, experience and training of the staff; and
(e) Any other factors affecting the treatment provided.
(3) Distinct rules shall be adopted for homes of five or fewer residents, for facilities of six or more but fewer than 16 residents, and for facilities for 16 or more residents. The rules shall differentiate among categories of residents.
(4) For purposes of this section, "categories" refers to different populations of residents, differentiated by, but not limited to, age and need, as defined by the Department of Human Services or the Oregon Health Authority by rule. [1977 c.717 §6; 1991 c.801 §3; 2009 c.595 §788; 2011 c.720 §199]
2023 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.
2023 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.454 - Provision of opioid overdose reversal medication upon discharge, release or transfer of resident from facility where resident received addiction treatment.

(1) As used in this section, "facility" means a residential care facility, residential treatment facility or residential treatment home licensed under ORS 443.410.
(2) Notwithstanding ORS 689.800, upon the discharge or release of a resident, a facility shall provide to the resident at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if:
(a) The resident received addiction treatment at the facility for a current opioid use disorder; and
(b) The resident is discharged, released or transferred to an unlicensed private residence or other unlicensed setting.
(3)(a) Except as provided in paragraph (b) of this subsection, a person who is acting in good faith, if the act does not constitute wanton misconduct, is immune from civil liability for any act or omission of an act committed during the course of providing to a resident opioid overdose reversal medications, and the necessary medical supplies to administer the medications, under subsection (2) of this section.
(b) This subsection does not apply to a person involved in the manufacture or sale of opioid overdose reversal medication.
(4) The requirements of subsection (2) of this section do not apply if a resident leaves the facility against the facility’s advice. [2023 c.297 §6]
Note:
Section 7, chapter 297, Oregon Laws 2023, provides:
Sec. 7.
The Oregon Health Authority shall facilitate access to opioid overdose reversal medications and the necessary medical supplies to administer the medications for hospitals licensed under ORS chapter 441, long term care facilities as defined in ORS 442.015, facilities as defined in section 4 of this 2023 Act [430.263] and facilities as defined in section 6 of this 2023 Act [443.454] for the purposes of carrying out sections 2 [441.052], 3 [441.698], 4 and 6 of this 2023 Act. [2023 c.297 §7]
2023 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 impose penalties pursuant to ORS 427.900 on 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 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; 2023 c.206 §6]
2023 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]
2023 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.
2023 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) "Activities of daily living" means:
(a) Bathing and personal hygiene;
(b) Dressing and grooming;
(c) Eating;
(d) Mobility;
(e) Bowel and bladder management; and
(f) Cognition.
(2)(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.
(3) "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.
(4) "Disability" means a physical or mental impairment that constitutes or results in a functional limitation on one or more activities of daily living.
(5) "Elderly" means an individual who is 65 years of age or older.
(6) "Services and support" means living accommodations and services, such as housekeeping, laundry, medication monitoring, transportation or recreational opportunities, excluding treatment and assistance with activities of daily living.
(7) "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; 2023 c.267 §9]
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.
2023 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 that is not licensed or registered under any other law of this state or under a city or county ordinance or regulation shall register the name and address of the owner or operator if the facility with:
(a) The Oregon Health Authority if the facility 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; or
(b) The Department of Human Services if the facility provides services and support to two or more adult residents, not related to the resident by blood or marriage, who are elderly or who have disabilities.
(2) The registration fee is $20 annually.
(3) The authority or the department shall establish by rule reasonable and appropriate standards for the operation of facilities subject to ORS 443.480 to 443.500 that fall within their respective jurisdictions. 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 or the department shall provide evidence of the registration to the person. The evidence shall be posted in a facility.
(5) The authority or the department 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 or the department 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.
(8) A facility is not required to register with both the authority and the department under this section. If a facility is subject to registration by both the authority and the department, the Director of the Oregon Health Authority and the Director of Human Services shall jointly determine with which agency the facility must register. [1989 c.581 §1; 1991 c.413 §5; 2007 c.70 §249; 2015 c.740 §3; 2021 c.242 §2; 2023 c.267 §10]
Note:
See note under 443.480.
2023 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 or the Department of Human Services 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 or the department may waive the requirements of ORS 443.485. [1989 c.581 §2; 2015 c.740 §4; 2021 c.242 §3; 2023 c.267 §11]
Note:
See note under 443.480.
2023 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.
2023 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 staff of the Oregon Health Authority or the Department of Human Services 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 or the department 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; 2023 c.267 §12]
Note:
See note under 443.480.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.517 - Online home or community-based services caregiver registry.

(1) The Department of Human Services shall maintain an online home or community-based services caregiver registry accessible to the public. The information to be displayed on the registry for each caregiver shall be limited to the:
(a) Name of the caregiver;
(b) County and, if applicable, city where the caregiver resides;
(c) Certification status of the caregiver under ORS 443.515 and any endorsements earned by the caregiver; and
(d) Criminal records check status of the caregiver.
(2) The registry shall contain links to:
(a) Sites that explain the training requirements for the certification of each type of home or community-based services caregiver described in ORS 443.515 (1)(b); and
(b) The home care registry, as defined in ORS 410.600, for members of the public to find home care workers.
(3) The department shall create a process for a home or community-based services caregiver to request to be excluded from the registry.
(4) The department shall prominently display a notice on the registry that states that:
(a) Home or community-based services caregivers may choose not to be listed on the registry; and
(b) The registry is not an exclusive list of all home and community-based services caregivers that are qualified and trained in this state.
(5) The department may include on the registry disclaimers, user guidance and other resources that the department deems appropriate to help users of the registry.
(6) This section does not prohibit the department from requesting and collecting from home or community-based services caregivers information in addition to the information that must be displayed on the registry under subsection (1) of this section. [2022 c.95 §2]
Note:
See second note under 443.515.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.739 - Rights of residents.

Residents of adult foster homes have the following rights. Providers shall guarantee these rights and help residents exercise them. The provider shall post a copy of the Residents’ Bill of Rights in the entry or other equally prominent place in the adult foster home. The Residents’ Bill of Rights states that each resident of an adult foster home has the right to:
(1) Be treated as an adult, with respect and dignity.
(2) Be informed of all resident rights and all house rules.
(3) Be encouraged and assisted to exercise legal rights, including the right to vote.
(4) Be informed of the resident’s medical condition and the right to consent to or refuse treatment.
(5) Receive appropriate care and services, and prompt medical care as needed.
(6) A safe and secure environment.
(7) Be free from mental and physical abuse.
(8) Be free from chemical or physical restraints except as ordered by a physician or other qualified practitioner.
(9) Complete privacy when receiving treatment or personal care.
(10) Associate and communicate privately with any person the resident chooses.
(11) Send and receive personal mail unopened.
(12) Participate in activities of social, religious and community groups.
(13) Have medical and personal information kept confidential.
(14) Keep and use a reasonable amount of personal clothing and belongings, and to have a reasonable amount of private, secure storage space.
(15) Manage the resident’s own money and financial affairs unless legally restricted.
(16) Be free from financial exploitation. The provider may not charge or ask for application fees or nonrefundable deposits and may not solicit, accept or receive money or property from a resident other than the amount agreed to for services.
(17) A written agreement regarding the services to be provided and the rate schedule to be charged. The provider must give 30 days’ written notice before any change in the rates or the ownership of the home.
(18) Not to be transferred or moved out of the adult foster home without 30 days’ advance written notice and an opportunity for a hearing. A provider may transfer or discharge a resident only for medical reasons including a medical emergency described in ORS 443.738 (11)(b), or for the welfare of the resident or other residents, or for nonpayment.
(19) Be free of discrimination in regard to race, color, religion, sex, sexual orientation, gender identity or national origin.
(20) Make suggestions and complaints without fear of retaliation. [1991 c.960 §11; 1995 c.667 §12; 2003 c.14 §261; 2007 c.100 §27; 2021 c.367 §26]