reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.065 - Exemption of certain religious institutions.

(1) ORS 441.015 to 441.119 and 441.993 or the rules adopted pursuant thereto do not authorize the supervision, regulation or control of the remedial care or treatment of residents or patients in any home or institution that is described under subsection (2) of this section and is conducted for those who rely upon treatment solely by prayer or spiritual means, except as to the sanitary and safe conditions of the premises, cleanliness of operation and its physical equipment. This section does not exempt such a home or institution from the licensing requirements of ORS 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.342 and 442.344.
(2) To qualify under subsection (1) of this section, a home or institution must:
(a) Be owned by an entity that is registered with the Secretary of State as a nonprofit corporation and that does not own, hold a financial interest in, control or operate any facility, wherever located, of a type providing medical health care and services; and
(b) Provide 24 hour a day availability of nonmedical care and services.
(3) As used in this section:
(a) "Medical health care and services" means medical screening, examination, diagnosis, prognosis, treatment and drug administration. "Medical health care and services" does not include counseling or the provision of social services or dietary services.
(b) "Nonmedical care and services" means assistance or services, other than medical health care and services, provided by attendants for the physical, mental, emotional or spiritual comfort and well being of residents or patients. [Amended by 1971 c.730 §17; 1973 c.840 §11; 1977 c.751 §24; 1997 c.490 §1; 2009 c.792 §38; 2018 c.50 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.067 - Inspection reports, complaint procedures and rules; posting.

(1) The Department of Human Services shall provide to each licensed long term care facility in the state in writing in clear concise language readily comprehensible by the average person:
(a) The most recent inspection report conducted by the department of that facility;
(b) An outline of the procedures for filing complaints against long term care facilities; and
(c) A summary of rules of the department affecting patient care standards for long term care facilities.
(2) The owner or operator of a long term care facility shall post the information provided pursuant to subsection (1) of this section in a prominent place and shall, upon request, provide a copy of the information to each patient of, or person applying for admission to, the facility, or the guardian or conservator of the applicant or patient. [1975 c.360 §3; 1987 c.428 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.068 - Hospital policies and procedures for dispensing HIV post-exposure prophylaxis drugs or therapies.

(1) As used in this section, "hospital" has the meaning given that term in ORS 442.015, excluding special inpatient care facilities as defined by the Oregon Health Authority by rule.
(2) A hospital licensed under ORS 441.025 must:
(a) Adopt a policy for the dispensing of human immunodeficiency virus post-exposure prophylaxis drugs or therapies; and
(b) Have procedures in place to ensure that hospital staff dispense to a patient, with a patient’s informed consent, at least a five-day supply of human immunodeficiency virus post-exposure prophylactic drugs or therapies following the patient’s possible exposure to human immunodeficiency virus, unless medically contraindicated.
(3) The hospital policy adopted under this section must in all respects, other than as specified in subsection (2) of this section, conform to guidelines issued by the Centers for Disease Control and Prevention. [2023 c.411 §1]
Note:
441.068 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.073 - Rules regarding staff ratio in long term care facilities; variances; posting.

(1) The Department of Human Services shall adopt rules specifying maximum number of patients per nursing assistant per shift in long term care facilities.
(2) The department may grant variances in the staffing requirements within a shift based on patient care needs or nursing practices.
(3) A statement of the specific staffing requirement for each time period required by subsection (1) or (2) of this section in a particular facility shall be posted by the facility in a public place within the facility. [1981 c.574 §§2,3,4; 1987 c.428 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.077 - Revocation of license and other penalties for imposing restrictions upon certain physicians; construction of section.

(1) If the governing body of a health care facility or health maintenance organization excludes or expels a person licensed under ORS chapter 677 from staff membership, or limits in any way the professional privilege of the person in the health care facility or health maintenance organization solely because of the school of medicine to which the person belongs, the license of the health care facility shall be subject to revocation in the manner provided in ORS 441.030. A health maintenance organization which violates this section shall be subject to penalties provided in ORS 731.988 and 731.992.
(2) Nothing in this section is intended to limit the authority of the governing body of a health care facility or health maintenance organization with respect to a person who has violated the reasonable rules and regulations of the health care facility or health maintenance organization or who has violated the provisions of ORS chapter 677 if the governing body has reported the violation of ORS chapter 677 to the Oregon Medical Board in writing. [1971 c.274 §1; 1973 c.840 §12; 1977 c.751 §25; 2018 c.50 §15]
Note:
441.077 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.079 - Eye, organ and tissue transplants.

(1) As used in this section and ORS 441.082:
(a) "Entity" means an individual, corporation, business trust, partnership, limited liability company, association, joint venture or an instrumentality of an entity.
(b) "Eye bank" means an entity that is licensed or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or parts of human eyes.
(c) "Health care facility" has the meaning given that term in ORS 442.015.
(d) "Organ procurement organization" means an entity designated by the United States Secretary of Health and Human Services as an organ procurement organization.
(e) "Tissue bank" means an entity that is licensed or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue for transplants.
(2) Tissue banks and eye banks must be registered with and regulated by the United States Food and Drug Administration.
(3) A health care facility that performs organ transplants must:
(a) Be a member of the Organ Procurement and Transplantation Network established by the National Organ Transplant Act of 1984;
(b) Be regulated by the United States Department of Health and Human Services; and
(c) Use an organ procurement organization to obtain organs for transplants.
(4) A health care facility that performs tissue or corneal transplants must obtain the tissue or corneas from a tissue bank or an eye bank that is registered with and regulated by the United States Food and Drug Administration. [2007 c.334 §1]
Note:
441.079 and 441.082 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.082 - Registration of organ procurement organization, tissue bank and eye bank; rules; penalties.

(1) The Oregon Health Authority shall adopt by rule standards and a system of registration for every organ procurement organization, tissue bank and eye bank doing business in this state.
(2) An organ procurement organization, tissue bank or eye bank may not do business in this state unless it has registered with the authority.
(3) Each organ procurement organization, tissue bank and eye bank shall provide to the authority at least every three years current documentation of designation, certification and inspection as evidence of compliance with national standards and requirements under federal law.
(4) The authority may impose a civil penalty not to exceed $1,000 against an organ procurement organization, tissue bank or eye bank doing business in this state for failure to:
(a) Register with the authority;
(b) Report loss of designation, accreditation or certification within 60 days of the loss; or
(c) Supply the authority with requested current documentation of designation, certification and inspection.
(5) Civil penalties under this section shall be imposed in the manner provided under ORS 183.745. [2007 c.334 §2; 2009 c.595 §730]
Note:
See note under 441.079.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.083 - Drug information to be provided patients of long term and intermediate care facilities.

(1) If a long term care facility or an intermediate care facility required to be licensed pursuant to ORS 441.015 charges patients for drugs, the following shall be made available to the patient on request:
(a) Name of the drug;
(b) Amount paid by the facility for the drug; and
(c) Amount charged by the facility for the drug.
(2) If a pharmacy charges any person for a drug administered to a patient in a long term care facility or an intermediate care facility, the pharmacy shall provide on request a written bill listing the:
(a) Name of the drug; and
(b) Amount charged by the pharmacy for the drug.
(3) As used in this section, "person" includes the patient and any insurance company or other party responsible for health care costs incurred by the patient. [1979 c.680 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.084 - Choice of patient on suppliers of drugs and supplies.

(1) As used in this section, "supplier" includes an authorized representative of the patient who purchases nonprescriptive medication or nonprescriptive sickroom supplies at retail.
(2) A patient in a long term care facility or an intermediate care facility required to be licensed under ORS 441.015 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 nonprescriptive medication, although no facility is required to accept any opened container of such medication; and
(c) From among suppliers of nonprescriptive 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 patient under subsection (2)(a) of this section must also provide that information for any patient it serves at the facility. [1983 c.328 §1; 2007 c.71 §127]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.086 - Ambulatory surgical centers; rules.

(1) An ambulatory surgical center shall evaluate all of a patient’s risk factors before permitting a surgical procedure to be performed on the patient in the facility.
(2) An ambulatory surgical center shall post a notice in the facility, in a prominent place and in prominent font size, advising patients of the manner in which patients may express concerns regarding the ambulatory surgical center and services provided at the ambulatory surgical center. The posting must include but need not be limited to the address and telephone number for contacting the Oregon Health Authority to express the concerns.
(3) The authority shall adopt rules classifying ambulatory surgical centers in three categories:
(a) Certified ambulatory surgical centers, which must comply with federal Centers for Medicare and Medicaid Services rules, 42 C.F.R. 416 and rules adopted by the authority;
(b) High complexity noncertified ambulatory surgical centers, which must comply with rules adopted by the authority; and
(c) Moderate complexity noncertified ambulatory surgical centers, which must comply with rules adopted by the authority and which may use only conscious sedation and analgesia. [2009 c.792 §2; 2009 c.792 §51]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.087 - General inspection of long term care facility.

(1) The Department of Human Services shall, in addition to any inspections conducted pursuant to complaints filed against long term care facilities, conduct at least one general inspection of each long term care facility in the state each calendar year, including, but not limited to, entering the facility, interviewing residents and reviewing records. No advance notice shall be given of any inspection conducted pursuant to this section.
(2) Any state employee giving advance notice in violation of subsection (1) of this section shall be suspended from all duties without pay for a period of at least 10 working days, or for a longer period as determined by the Director of Human Services. [1975 c.294 §§2,3; 1977 c.751 §27; 1987 c.428 §16; 2003 c.14 §250]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.089 - Application of Health Care Quality Improvement Act of 1986.

The provisions of the Health Care Quality Improvement Act of 1986, P.L. No. 99-660, 100 Stat. p. 3743, 3784 (1986) apply within this state for professional review actions pursuant to ORS 441.015 to 441.119 and 441.993. [1987 c.850 §5]
Note:
441.089 was added to and made a part of ORS chapter 441 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 441 - Health Care Facilities › Section 441.094 - Denial of emergency medical services because of inability to pay prohibited.

(1) No officer or employee of a hospital licensed by the Oregon Health Authority that has an emergency department may deny to a person an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether a need for emergency medical services exists.
(2) No officer or employee of a hospital licensed by the authority may deny to a person diagnosed by an admitting physician as being in need of emergency medical services the emergency medical services customarily provided at the hospital because the person is unable to establish the ability to pay for the services.
(3) Nothing in this section is intended to relieve a person of the obligation to pay for services provided by a hospital.
(4) A hospital that does not have physician services available at the time of the emergency shall not be in violation of this section if, after a reasonable good faith effort, a physician is unable to provide or delegate the provision of emergency medical services.
(5) All coordinated care organization contracts executed by the authority and private health maintenance organizations and managed care organizations shall include a provision that encourages the organization to establish agreements with hospitals in the organization’s service area for payment of emergency screening examinations.
(6) As used in subsections (1) and (2) of this section, "emergency medical services" means medical services that are usually and customarily available at the respective hospital and that must be provided immediately to sustain a person’s life, to prevent serious permanent disfigurement or loss or impairment of the function of a bodily member or organ, or to provide care of a woman in her labor where delivery is imminent if the hospital is so equipped and, if the hospital is not equipped, to provide necessary treatment to allow the woman to travel to a more appropriate facility without undue risk of serious harm. [1987 c.386 §1; 1995 c.449 §2; 2009 c.595 §732; 2011 c.602 §53]
Note:
441.094 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.096 - Identification badges.

(1) A health care practitioner working at a health care facility and providing direct care to a patient shall wear an identification badge indicating the practitioner’s name and professional title.
(2) A health care facility shall develop policies that specify the size and content of the identification badge required by subsection (1) of this section.
(3) As used in this section, "health care facility" means a health care facility as defined in ORS 442.015 or a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS chapter 426 or 430. [2005 c.231 §1; 2011 c.720 §196]
Note:
441.096 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.099 - Health Licensing Office to ensure compliance with ORS 441.098.

(1) A health practitioner who fails to comply with ORS 441.098 (2), (3), (4) or (5) shall be subject to disciplinary action by the Health Licensing Office or by the appropriate health professional regulatory board as defined in ORS 676.160.
(2) The Health Licensing Office or the appropriate health professional regulatory board may investigate a claim under ORS 441.098 in accordance with the investigative authority granted the office under ORS 676.595 or the board under ORS 676.165. [2013 c.552 §2; 2017 c.101 §14]
Note:
441.099 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.100

[1981 c.534 §1; 1985 c.153 §1; 2007 c.21 §3; 2013 c.717 §1; 2015 c.839 §3; renumbered 441.402 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.101 - Safeguards for protected health information; rules.

(1) As used in this section, "protected health information" has the meaning given that term in ORS 192.556.
(2) A health care facility shall file with the Oregon Health Authority a protection of health information report no later than 120 days following the close of each fiscal year. The report may be in the form of a letter, must be signed by the chief executive officer of the facility and must:
(a) State the responsibility of the health care facility’s management to establish and maintain adequate safeguards and procedures for protecting the confidentiality of personally identifiable and protected health information that the facility retains in electronic and hard copy form;
(b) Contain an assurance that there is ongoing evaluation and monitoring of the effectiveness of the safeguards and procedures in protecting the confidentiality of personally identifiable and protected health information;
(c) Contain assurances that the signing officer has disclosed to the board of directors of the facility:
(A) All significant deficiencies in the design or operation of recordkeeping systems or controls that could adversely affect the facility’s ability to protect the confidentiality of personally identifiable and protected health information;
(B) Any breaches of the security of personally identifiable and protected health information, whether material or not, that involve management, staff or employees of the facility who have a significant role in the facility’s recordkeeping systems or controls; and
(C) All necessary steps that have been taken to address deficiencies in the design or operation of recordkeeping systems or controls and to resolve any material weaknesses identified by the facility; and
(d) Contain assurances that the signing officer has identified for the board any material weaknesses in the recordkeeping systems or controls.
(3) The authority may adopt all rules necessary to carry out the provisions of this section.
(4) The protection of health information report is confidential and not subject to disclosure under ORS 192.311 to 192.478. [2015 c.133 §4]
Note:
441.101 was added to and made a part of ORS chapter 441 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 441 - Health Care Facilities › Section 441.109

[1981 c.534 §4; 1985 c.153 §3; 2001 c.900 §172; 2009 c.768 §32; 2013 c.717 §3; 2014 c.117 §10; renumbered 441.406 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.111 - Definitions.

As used in ORS 441.111 to 441.119 and 441.993:
(1) "Care facility" includes:
(a) A long term care facility;
(b) A residential care facility, including an assisted living facility, as defined in ORS 443.400; and
(c) An adult foster home, as defined in ORS 443.705.
(2) "Gender expression" means an individual’s gender-related appearance and behavior, whether or not these are stereotypically associated with the sex the individual was assigned at birth.
(3)(a) "Gender identity" means an individual’s internal, deeply held knowledge or sense of the individual’s gender, regardless of physical appearance, surgical history, genitalia, legal sex, sex assigned at birth or name and sex as it appears in medical records or as it is described by any other individual, including a family member, conservator or legal representative of the individual.
(b) "Gender identity" means the gender identity last expressed by an individual who lacks the present ability to communicate.
(4) "Gender nonconforming" means having a gender expression that does not conform to stereotypical expectations of one’s gender.
(5) "Gender transition" means a process by which an individual begins to live according to that individual’s gender identity rather than the sex the person was assigned at birth. The process may include changing the individual’s clothing, appearance, name or identification documents or undergoing medical treatments.
(6) "Harass" or "harassment" includes:
(a) To act in a manner that is unwanted, unwelcomed or uninvited, that demeans, threatens or offends a resident and results in a hostile environment for a resident.
(b) To require a resident to show identity documents in order to gain entrance to a restroom or other area of a care facility that is available to other individuals of the same gender identity as the resident.
(7) "LGBTQIA2S+" means lesbian, gay, bisexual, transgender, queer, intersex, asexual, Two Spirit, nonbinary or other minority gender identity or sexual orientation.
(8) "Resident" means a resident or a patient of a care facility.
(9) "Sexual orientation" means romantic or sexual attraction, or a lack of romantic or sexual attraction, to other people.
(10) "Staff" or "staff person" means one or more individuals who:
(a) Are employed by a care facility to provide services or supports directly to residents; or
(b) Contract with or are employed by an entity that contracts with the care facility to provide services or supports directly to residents.
(11) "Transgender" means having a gender identity or gender expression that differs from the sex one was assigned at birth, regardless of whether one has undergone or is in the process of undergoing gender-affirming care. [2023 c.567 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.114 - Protection of resident records; consent required for nontherapeutic examination, observation or treatment; access to transgender-related treatment.

(1) A care facility shall implement procedures regarding resident records generated at the time of admission and during the resident’s stay to ensure that the records include the resident’s gender identity and the resident’s chosen name and pronouns, as indicated by the resident.
(2) Unless required by state or federal law, a care facility shall not disclose any personally identifiable information regarding:
(a) A resident’s sexual orientation;
(b) Whether a resident is LGBTQIA2S+;
(c) A resident’s gender transition status; or
(d) A resident’s human immunodeficiency virus status.
(3) A care facility shall take appropriate steps to minimize the likelihood of inadvertent or accidental disclosure of information described in subsection (2) of this section to other residents, visitors or facility staff, except to the minimum extent necessary for facility staff to perform their duties.
(4) Informed consent shall be required in relation to any nontherapeutic examination or observation of, or treatment provided to, a resident.
(5) A transgender resident shall be provided access to any assessments, therapies and treatments that are recommended by the resident’s health care provider, including but not limited to transgender-related medical care, hormone therapy and supportive counseling. [2023 c.567 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.118 - Training required for entities that contract with care facilities to provide services or supports to residents.

(1) An entity that contracts with a care facility to provide services or supports directly to residents of the care facility shall provide to the entity’s staff persons who provide the services or supports training meeting the requirements in ORS 441.116 (1) and (2). The entity shall provide the training within 12 months of entering into the contract with the care facility and every two years thereafter. The entity shall provide the training to a newly hired staff person no later than 12 months after hiring.
(2) An individual who contracts with a care facility to provide services or supports directly to residents of the care facility shall complete a training that meets the requirements of ORS 441.116 (1) and (2) no later than 12 months after entering into a contract with the facility and every two years thereafter.
(3) Training provided subsequent to the initial training of an individual or of a staff person employed by the entity must include, at a minimum, refresher courses on the topics described in ORS 441.116 (2)(b) and (d).
(4) The contracting individual or entity shall bear the cost of the training required by this section. [2023 c.567 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.119 - Exemptions.

Any requirement in ORS 441.111 to 441.119 and 441.993 may not be applied to a care facility if the requirement is incompatible with:
(1) The professionally reasonable clinical judgment of the management or staff of the care facility; or
(2) A state or federal statute, federal regulation or administrative rule that applies to the care facility. [2023 c.567 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.122 - Rules.

The Director of Human Services shall adopt rules in accordance with ORS chapter 183 as necessary to implement the provisions of ORS 441.111 to 441.119 and 441.993. [2023 c.567 §10]
Note:
441.122 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.137

[1985 c.153 §6; 1989 c.224 §93; 2007 c.70 §240; 2009 c.421 §1; 2013 c.717 §11; 2014 c.117 §11; renumbered 441.416 in 2015]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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]
2023 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]