reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.740 - Information on licensed adult foster homes; availability; content.

(1) The licensing agency shall maintain current information on all licensed adult foster homes and shall make that information available, with the exception of information exempt from public disclosure under ORS 192.345, to prospective residents and other interested members of the public at local offices or area agencies on aging licensing offices throughout the state.
(2) The information shall include:
(a) The location of the adult foster home;
(b) A brief description of the physical characteristics of the home;
(c) The name and mailing address of the provider;
(d) The license classification of the home and the date the provider was first licensed to operate that home;
(e) The date of the last inspection, the name and telephone number of the office that performed the inspection and a summary of the findings;
(f) Copies of all complaint investigations involving the home, together with the findings of the licensing agency, the actions taken by the agency and the outcome of the complaint investigation;
(g) An explanation of the terms used in the investigation report;
(h) Any license conditions, suspensions, denials, revocations, civil penalties, exceptions or other actions taken by the licensing agency involving the home; and
(i) Whether care is provided primarily by the licensed provider, a resident manager or other arrangement.
(3) Any list of adult foster homes maintained or distributed by the licensing agency or a local licensing office shall include notification to the reader of the availability of public records concerning the homes. [1995 c.667 §17; 1997 c.741 §1; 2001 c.447 §3; 2003 c.14 §262; 2009 c.595 §791h; 2021 c.318 §3]
Note:
See note under 443.730.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.742 - Annual continuing education requirements; rules.

(1) The licensing agency shall require all providers and resident managers to complete annually 12 hours of continuing education approved by the agency, related to:
(a) Care of the elderly and persons with disabilities; and
(b) Business operations of adult foster homes.
(2) Providers and resident managers may not fulfill the continuing education requirements described in subsection (1) of this section with more than four hours of continuing education related to the business operations of adult foster homes.
(3) The licensing agency may, by rule, establish continuing education requirements for caregivers who are not providers. [2005 c.226 §3; 2009 c.595 §791i]
Note:
443.742 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 443.743 - Training in dementia care.

(1) As used in this section, "caregiver" means an individual who is responsible for providing care and services to residents of an adult foster home, including but not limited to a caregiver and a substitute caregiver.
(2) In addition to any other training required by law, all caregivers in an adult foster home licensed to serve older adults and persons with physical disabilities by the Department of Human Services shall, prior to providing direct care to residents of the adult foster home, 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.
(3) All training related to dementia care provided to caregivers in an adult foster home licensed by the department must reflect current standards for dementia care and be informed by the best evidence in the care and treatment of persons with dementia. [2017 c.679 §30]
Note:
443.743 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 443.745 - Denial, suspension or revocation; conditional license; review.

(1) A license may be denied, suspended, revoked or have conditions attached upon a finding by the licensing agency of any of the following:
(a) There exists a threat to the health, safety or welfare of any resident.
(b) There is reliable evidence of abuse, neglect or exploitation of any resident.
(c) The facility is not operated in compliance with ORS 443.705 to 443.825 or the rules adopted thereunder.
(d) Such other circumstances as may be established by the licensing agency by rule.
(2) Conditions attached to a license shall be effective upon order of the director of the licensing agency.
(3) Suspension or revocation of a license authorized by this section for any reason other than abuse, neglect or exploitation of the resident shall be preceded by a hearing under ORS chapter 183 if requested by the provider.
(4) If the license is suspended or revoked for the reason of abuse, neglect or exploitation of a resident, the provider may request a review in writing within 10 days after notice of the suspension or revocation. If a request is made, the director shall review all material relating to the allegation of abuse, neglect or exploitation and to the suspension or revocation within 10 days of the request. The director shall determine, based on review of the material, whether or not to sustain the decision to suspend or revoke. If the director determines not to sustain the decision, the license shall be restored immediately. The decision of the director is subject to judicial review as a contested case under ORS chapter 183.
(5) In the event the license to maintain an adult foster home is ordered suspended or revoked, the licensing agency may withhold service payments until the defective situation is corrected. For protection of residents, the licensing agency may arrange for them to move.
(6) A provider whose license has been revoked or whose application has been denied shall not be permitted to make a new application for one year from the date the revocation or denial is final, or for a longer period specified in the order revoking or denying the license.
(7) The licensing agency shall deny the application or revoke the license of any person who falsely represents that the person has not been convicted of a crime. [1983 c.629 §5; 1985 c.663 §5; 1987 c.431 §1; 1995 c.667 §13; 2009 c.595 §791j]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.755 - Entry and inspection of homes; access to residents; inspection report; fire inspection.

(1) The licensing agency staff shall be permitted access to enter and inspect all licensed adult foster homes. The licensing agency shall be permitted access to enter and inspect any unlicensed adult foster home upon the receipt of an oral or written complaint, or in case the agency itself has cause to believe that an adult foster home is operating without a license or there exists a threat to the health, safety or welfare of any resident. The licensing agency staff shall be permitted access to the residents of adult foster homes in order to interview residents privately and to inspect residents’ records.
(2) The state or local fire inspectors shall be permitted access to enter and inspect adult foster homes regarding fire safety upon request of the licensing agency.
(3)(a) The licensing agency shall provide to each licensed adult foster home in the state in writing in clear concise language readily comprehensible by the average person a copy of the inspection report of the most recent inspection of that home conducted by the agency.
(b) The provider shall post the inspection report in the entry or equally prominent place and shall, upon request, provide a copy of the information to each resident of, or person applying for admission to, the home, or the legal representative, guardian or conservator of the resident or applicant. [1983 c.629 §6; 1985 c.663 §6; 1991 c.960 §6; 2009 c.595 §791k]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.760 - Application of single family dwelling code requirements to home; rules; evacuation requirement; lease rate.

(1) Adult foster homes that are certified as residential homes as defined in ORS 197.660 must meet all state and local building, sanitation, utility and fire code requirements applicable to single family dwellings. However, by rule, the licensing agency may adopt more stringent standards upon a finding that there is a significant health or safety threat to residents that necessitates a standard not imposed on other single family dwellings.
(2) In adopting more stringent standards, the licensing agency shall consult with the Department of Consumer and Business Services and the Department of the State Fire Marshal to ensure that the provider has the ability to evacuate all residents from an adult foster home within:
(a) Three minutes; or
(b) A period that meets applicable fire, life and safety requirements if the adult foster home has an interior sprinkler system approved by the appropriate regulatory authorities.
(3) If a licensed provider rents or leases the premises where the adult foster home is located, the lessor shall charge a flat rate for the lease or rental. [1993 c.146 §1; 1995 c.180 §4; 2009 c.595 §791L; 2017 c.679 §32; 2021 c.539 §111]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.762 - Information provided upon admission.

(1) As used in this section, "adult foster home" means an adult foster home that is licensed to provide residential care to older adults or people with physical disabilities.
(2) Upon the admission of a resident to an adult foster home, the adult foster home shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 §6]
Note:
443.762 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 443.766 - Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited.

(1) An adult foster home 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 adult foster home, violations of licensing or certification requirements, criminal activity at the adult foster home, violations of state or federal laws or any practice that threatens the health and safety of a resident in the adult foster home 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 adult foster home; or
(b) A family member, guardian, friend or other person who is acting on behalf of the resident.
(2) An adult foster home interferes with the disclosure of the information described in subsection (1) of this section by:
(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;
(b) Training an employee or volunteer not to disclose the information; or
(c) Taking actions or communicating 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 an adult foster home that is found to have violated subsection (1) of this section.
(4) The licensing agency shall adopt rules to carry out the provisions of this section.
(5) This section does not authorize the disclosure of 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. [2019 c.381 §6]
Note:
443.766 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 443.769 - Public disclosure of investigatory information.

(1) When the Department of Human Services or a type B area agency on aging discloses a file, form or report to the public pursuant to ORS 443.740, 443.765 or 443.767, the department or agency may not disclose information about residents that is protected from disclosure by state or federal law or information that is described in subsection (2) of this section unless the resident has provided a written authorization for disclosure of the information.
(2) This section applies to:
(a) The name of a resident and to demographic or other information that can be used to identify a resident.
(b) Any health information that relates to:
(A) The past, present or future physical or mental health or condition of a resident;
(B) The provision of health care to a resident; or
(C) The past, present or future payment for the provision of health care to a resident.
(3) As used in this section, "resident" means an individual receiving care in an adult foster home. [2009 c.44 §1]
Note:
443.769 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 443.777 - Prescription drug packaging.

(1) An adult foster home licensed by the Department of Human Services shall ensure that prescription drugs dispensed to residents of the adult foster home 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. [2017 c.679 §31]
Note:
443.777 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 443.780 - Exemption where county has licensing and inspection program.

(1) The director of the licensing agency may exempt from the license, inspection and fee provisions of ORS 443.705 to 443.825 adult foster homes 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 443.705 to 443.825.
(2) ORS 443.775 (5) applies regardless of any exceptions granted to a county agency. [1985 c.663 §11; 1995 c.667 §19; 2009 c.595 §791p]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.785 - Admission of Medicaid recipients.

The licensing agency may not require an adult foster home that elects to provide care for a Medicaid recipient to admit an additional Medicaid resident under a contract with the agency. [1999 c.204 §2; 2009 c.595 §791q]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.790 - Authority to impose civil penalty; factors to be considered; rules.

(1) In addition to any other liability or penalty provided by law, the director of the licensing agency may impose a civil penalty on a person for any of the following:
(a) Violation of any of the terms or conditions of a license issued under ORS 443.735.
(b) Violation of any rule or general order of the licensing agency that pertains to a facility.
(c) Violation of any final order of the director that pertains specifically to the facility owned or operated by the person incurring the penalty.
(d) Violation of ORS 443.745 or of rules required to be adopted under ORS 443.775.
(e) Violation of the requirement to have a license under ORS 443.725 (1).
(2) The director shall impose a civil penalty not to exceed $500, unless otherwise required by law, on any adult foster home for falsifying resident or facility records or causing another to do so.
(3) The director shall impose a civil penalty of $250 on a provider who violates ORS 443.725 (3).
(4) The director shall impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a provider who admits a resident knowing that the resident’s care needs exceed the license classification of the provider if the admission places the resident or other residents at grave risk of harm.
(5)(a) In every case other than those involving the health, safety or welfare of a resident, the director shall prescribe a reasonable time for elimination of a violation but except as provided in paragraph (b) of this subsection shall not prescribe a period to exceed 30 days after notice of the violation.
(b) The director may approve a reasonable amount of time in excess of 30 days if correction of the violation within 30 days is determined to be impossible.
(6) In imposing a civil penalty, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules or orders pertaining to facilities.
(c) The economic and financial conditions of the person incurring the penalty.
(d) The immediacy and extent to which the violation threatens or threatened the health, safety or welfare of one or more residents.
(7) The licensing agency shall adopt rules establishing objective criteria for the imposition and amount of civil penalties under this section. [1987 c.431 §§4,6; 1991 c.413 §6; 1991 c.960 §10; 1995 c.667 §15; 2009 c.595 §791r; 2009 c.837 §34; 2011 c.37 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.795 - Civil penalty; notice; hearing.

(1) Any civil penalty under ORS 443.790 shall be imposed as provided in ORS 183.745.
(2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the director of the licensing agency.
(3) The licensing agency shall conduct the hearing and issue the final order within 180 days after any hearing request. [1987 c.431 §5; 1991 c.734 §25; 1991 c.960 §12; 2003 c.14 §263; 2009 c.595 §791s]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.815 - Judicial review of penalties.

Judicial review of civil penalties imposed under ORS 443.790 shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1987 c.431 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.825 - Disposition of penalties recovered.

All penalties recovered under ORS 443.790 to 443.815 shall be deposited:
(1) In the Quality Care Fund established in ORS 443.001 if paid by an adult foster home licensed to provide residential care to persons with physical disabilities.
(2) In the Long Term Care Ombudsman Account established in ORS 441.419 if paid by an adult foster home licensed to provide care to persons with mental illness or developmental disabilities. [1987 c.431 §9; 2009 c.837 §35; 2013 c.717 §16]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.830 - Definitions for ORS 443.830 and 443.835.

As used in this section and ORS 443.835:
(1) "Child" means a person for whom developmental disability services are planned and provided and who is:
(a) Under 18 years of age; or
(b) At least 18 years of age but less than 22 years of age and resides in a developmental disability child foster home and whose needs, as determined by the child’s individual support plan team, are best met if services are provided in a developmental disability child foster home.
(2) "Department" means the Department of Human Services.
(3)(a) "Developmental disability child foster home" means any home maintained by a person who has under the care of the person, in the home, a child found eligible for developmental disability services for the purpose of providing the child with supervision, food and lodging. The child must be unrelated to the person by blood, marriage or adoption.
(b) "Developmental disability child foster home" does not include:
(A) A boarding school that is essentially and primarily engaged in educational work;
(B) A home in which a child is provided with room and board by a school district board; or
(C) A foster home under the direct supervision of a child-caring agency as that term is defined in ORS 418.205.
(4) "Developmental disability services" has the meaning given that term in ORS 427.101.
(5) "Individual support plan team" means a team composed of the child, the child’s parent or guardian, the community mental health program representative and representatives of all current service providers that develops a written plan of services covering a 12-month period for a child. [1999 c.316 §4; 2001 c.463 §1; 2001 c.900 §192; 2016 c.106 §50; 2023 c.340 §2]
Note:
443.830 and 443.835 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 443.835 - Certificate required; rules.

(1) A person may not operate a developmental disability child foster home without having a certificate issued by the Department of Human Services.
(2) A person may apply for a certificate to operate a developmental disability child foster home by submitting an application to the department on a form furnished by the department.
(3) Upon receipt of an application under subsection (2) of this section, the department shall cause an investigation to be made of the applicant and the applicant’s home. The department shall determine whether to issue a certificate to the applicant and, if a certificate is to be issued, whether to issue a conditional certificate or a regular certificate. The certificate shall be in the form prescribed by the department by rule.
(4) After notice and an opportunity for hearing as provided in ORS 183.310 to 183.482, the department may deny, refuse to renew or revoke a certificate to operate a developmental disability child foster home. A person whose application for a certificate has been denied, not renewed or revoked may appeal the decision to the Court of Appeals in the manner provided in ORS 183.480 for the review of orders in contested cases.
(5) The department may adopt rules to carry out the intent and purposes of this section and ORS 443.830. [1999 c.316 §5]
Note:
See note under 443.830.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.836 - Department of Human Services approval required for parent or guardian of resident to attend resident or for residents 18 to 26 years of age to continue to reside in developmental disability child foster home; rules.

(1) As used in this section:
(a) "Child" means a person:
(A) For whom developmental disability services are planned and provided;
(B) Who resides in a developmental disability child foster home; and
(C) Whose needs, as determined by the child’s individual support plan team, are best met if services are provided in a developmental disability child foster home.
(b) "Developmental disability child foster home" has the meaning given that term in ORS 443.830.
(c) "Developmental disability services" has the meaning given that term in ORS 427.101.
(d) "Individual support plan team" has the meaning given that term in ORS 443.830.
(2) A child residing in a developmental disability child foster home may not be attended by the child’s parent or guardian without the approval of the Department of Human Services.
(3) A child residing in a developmental disability child foster home who attains 18 years of age and is under 26 years of age may continue to reside in the developmental disability child foster home in which the child resides, if approved by the department.
(4) The department shall adopt by rule standards for granting approvals under subsections (2) and (3) of this section. [2023 c.340 §1]
Note:
443.836 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 443.850 - Definitions for ORS 443.850 to 443.869.

As used in ORS 443.850 to 443.869:
(1) "Hospice program" means a coordinated program of home and inpatient care, available 24 hours a day, that utilizes an interdisciplinary team of personnel trained to provide palliative and supportive services to a patient-family unit experiencing a life threatening disease with a limited prognosis. A hospice program is an institution for purposes of ORS 146.100.
(2) "Hospice services" means items and services provided to a patient-family unit by a hospice program or by other individuals or community agencies under a consulting or contractual arrangement with a hospice program. Hospice services include acute, respite, home care and bereavement services provided to meet the physical, psychosocial, spiritual and other special needs of a patient-family unit during the final stages of illness, dying and the bereavement period.
(3) "Interdisciplinary team" means a group of individuals working together in a coordinated manner to provide hospice care. An interdisciplinary team includes, but is not limited to, the patient-family unit, the patient’s attending physician or clinician and one or more of the following hospice program personnel:
(a) Physician.
(b) Physician assistant.
(c) Nurse practitioner.
(d) Nurse.
(e) Nurse’s aide.
(f) Occupational therapist.
(g) Physical therapist.
(h) Trained lay volunteer.
(i) Clergy or spiritual counselor.
(j) Credentialed mental health professional such as psychiatrist, psychologist, psychiatric nurse or social worker.
(k) Naturopathic physician.
(4) "Patient-family unit" includes an individual who has a life threatening disease with a limited prognosis and all others sharing housing, common ancestry or a common personal commitment with the individual.
(5) "Person" includes individuals, organizations and groups of organizations. [1987 c.398 §1; 1989 c.697 §3; 2007 c.474 §1; 2009 c.793 §6; 2014 c.45 §63; 2017 c.356 §73]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.860 - License required; rules; fees.

(1) A person may not establish, conduct or maintain a hospice program providing hospice services, or hold itself out to the public as a hospice program, without obtaining a license from the Oregon Health Authority.
(2) The authority:
(a) Shall adopt rules to carry out the provisions of ORS 443.850 to 443.869, including but not limited to rules for licensure that require an in-person site inspection of each licensed hospice program at least once every three years.
(b) May accept certification by a federal agency or accreditation by an accrediting organization approved by the authority as evidence of compliance with the requirements for licensure adopted under paragraph (a) of this subsection if:
(A) The certification or accreditation meets standards and conditions established for hospice programs by the Centers for Medicare and Medicaid Services;
(B) The hospice program invites the authority to participate in any exit interview conducted by the agency or organization; and
(C) The hospice program provides the authority with copies of all documentation requested by the authority concerning the certification or accreditation.
(3) The fee to obtain or renew a hospice program license is $1,140.
(4) The authority shall prescribe by rule the form and manner for application for or renewal of a license. The authority shall issue a license to an applicant that has the necessary qualifications, meets all requirements established by the authority by rule and has paid the fee.
(5) A license issued under this section is valid for one year and is not transferable. A license may be renewed by payment of the fee and demonstration of compliance with requirements for renewal established by the authority by rule. [1987 c.398 §§2,3; 1989 c.697 §1; 1993 c.110 §3; 1997 c.362 §1; 2003 c.14 §264; 2007 c.474 §2; 2009 c.793 §1; 2011 c.720 §201; 2017 c.559 §2; 2021 c.338 §9]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.861 - Moneys to be deposited to Public Health Account.

All moneys received by the Oregon Health Authority under ORS 443.860 shall be paid into the State Treasury and deposited to the credit of the Public Health Account established in ORS 431.210. The moneys shall be used by the authority in carrying out its duties under ORS 443.850 to 443.869. [2009 c.793 §4; 2011 c.720 §202]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.864 - Suspension, revocation or denial of license.

The Oregon Health Authority may suspend, revoke or refuse to renew the license of a hospice program for failure to comply with ORS 443.860 or with rules adopted pursuant to ORS 443.860. [2009 c.793 §3; 2011 c.720 §203]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.867 - In-home care agency license not required for licensed hospice program to provide palliative care.

Notwithstanding ORS 443.305 to 443.350 requiring an in-home care agency to obtain a license to provide services that are necessary to assist an individual in meeting the individual’s daily needs but are not curative or rehabilitative, a hospice program licensed under ORS 443.860 is not required to be licensed as an in-home care agency under ORS 443.315 to provide palliative care, as defined by the Oregon Health Authority by rule. [2019 c.238 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.869 - Civil penalties.

In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period, for any of the following:
(1) Violation of any of the terms or conditions of a license issued under ORS 443.860 to a hospice program.
(2) Violation of any rule or general order of the Oregon Health Authority that pertains to a hospice program.
(3) Violation of any final order of the director that pertains specifically to a hospice program owned or operated by the person incurring the penalty.
(4) Violation of ORS 443.860 or of rules adopted under ORS 443.860.
(5) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745.
(6) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [2009 c.793 §5; 2011 c.720 §204]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.875 - Notice of substantiated abuse.

(1) If the Department of Human Services or the Oregon Health Authority substantiates an allegation of abuse that occurred in a facility, the department or authority shall immediately notify the facility of its findings.
(2) Upon receipt of the notice described in subsection (1) of this section, a facility shall provide written notice of the findings to the individual found to have committed abuse, residents of the facility, the residents’ case managers and the residents’ guardians.
(3) An application for employment at a facility must inquire whether the applicant has been found to have committed abuse.
(4) As used in this section:
(a) "Abuse" has the meaning given that term in ORS 430.735.
(b) "Facility" means:
(A) A residential facility as defined in ORS 443.400; or
(B) An adult foster home as defined in ORS 443.705. [2009 c.837 §5; 2009 c.828 §80; 2010 c.93 §14]
Note:
443.875 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 443.880 - Responsibilities of residential facility regarding property of resident.

(1) The admission of a person to a residential facility shall not act to create in the facility, its owner, administrator or employee any authority to manage, use or dispose of any property of the resident, or any authority or responsibility for the personal affairs of the person, except as may be necessary for the safety and orderly management of the facility and as may be required by this section.
(2) No owner, administrator or employee of a residential facility may act as guardian, conservator, trustee or attorney in fact for any resident of the facility unless the resident is related to the owner, administrator or employee within the third degree of consanguinity. This subsection shall not prevent the owner, administrator or employee of a residential facility from acting as a representative payee for the resident.
(3) A residential facility shall provide for the safekeeping of personal effects, funds and other property of its residents.
(4) A residential facility shall keep complete and accurate records of all funds and other property of its residents received by the facility for safekeeping.
(5) Any funds or other property belonging to or due to a resident of a residential facility which are received by a residential facility shall be held in trust and shall be held separate from the funds and property of the facility and shall be used only for the account of the resident. Upon request, the facility shall furnish the resident a complete and certified statement of all funds or other property to which this section applies, detailing the amounts and items received, together with their sources and disposition.
(6) For the purposes of this section, "residential facility" means a domiciliary care facility as defined by ORS 443.205, a long term care facility as defined by ORS 442.015, a residential facility as defined by ORS 443.400, an adult foster home as defined by ORS 443.705 and any residential facility required to be registered under ORS 443.480 to 443.500. [1991 c.413 §1; 1997 c.249 §144]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.881 - Transfer of property; undue influence.

(1) No owner, employee or administrator of a residential facility as defined by ORS 443.880 shall cause any person who is a resident of the facility to deliver to the owner, employee or administrator any funds or property of the resident by the exercise of undue influence.
(2) For the purposes of this section, "undue influence" means that an owner, employee or administrator of a residential facility has substituted the will or interests of the owner, employee or administrator for the will or interests of the resident of the facility. [1991 c.413 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.886 - Memory care endorsement required; standards; fees; rules.

(1) If a facility intends to provide care for residents with Alzheimer’s disease or other forms of dementia by means of an endorsed memory care community, the facility must obtain a memory care endorsement on its license or registration.
(2) The Department of Human Services, with the input from representatives of advocate groups and the long term care industry, shall adopt by rule standards that ensure that the special needs of any resident with Alzheimer’s disease or other form of dementia who is cared for in an endorsed memory care community are met and that quality care is provided. The standards must include but are not limited to provisions for:
(a) Care planning, including physical design, staffing, staff training, safety, egress control, individual care planning, admission policy, family involvement, therapeutic activities and social services;
(b) Continuity of basic care requirements; and
(c) Marketing and advertising of the availability of and services from endorsed memory care communities.
(3) The department shall adopt a fee schedule for memory care endorsement, taking into account the type of facility and the number of residents.
(4) The department shall enforce rules adopted under subsection (2) of this section and ORS 443.889 and shall allow a licensee or registrant to retain the memory care endorsement required to care for residents with Alzheimer’s disease or other forms of dementia only as long as the licensee or registrant complies with the rules.
(5) The memory care endorsement may be suspended or revoked in the same manner as the license or registration is suspended or revoked.
(6) Unless a facility has obtained the memory care endorsement required by subsection (1) of this section, the facility may not:
(a) Advertise the facility as providing an Alzheimer’s care unit or memory care community; or
(b) Market the facility as providing an Alzheimer’s care unit or memory care community. [1991 c.416 §2; 2001 c.900 §193; 2005 c.22 §312; 2017 c.679 §28; 2021 c.588 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.887 - Definitions.

As used in this section and ORS 443.886 and 443.889:
(1) "Acuity-based staffing tool" means the acuity-based staffing tool described in ORS 443.432 or an acuity-based staffing tool adopted by a facility that meets requirements established by the Department of Human Services by rule.
(2) "Endorsed memory care community" means a special care unit in a designated, separated area for residents with Alzheimer’s disease or other forms of dementia that is locked or secured to prevent or limit access by a resident outside the designated or separated area.
(3) "Facility" means a residential care facility as defined in ORS 443.400. [2021 c.588 §1]
Note:
443.887 and 443.889 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 443.991 - Penalties.

(1) Violation of ORS 443.015 is punishable as a Class C misdemeanor.
(2) Violation of any provision of ORS 443.400 to 443.455 is a Class B misdemeanor.
(3) The Department of Human Services may commence an action to enjoin operation of a residential care facility, residential training facility or residential training home:
(a) If the facility or home is operated without valid licensure; or
(b) After notice of revocation has been given and a reasonable time for placement of individuals in other facilities or homes has been allowed.
(4) The Oregon Health Authority may commence an action to enjoin operation of a residential treatment facility or residential treatment home:
(a) If the facility or home is operated without valid licensure; or
(b) After notice of revocation has been given and a reasonable time for placement of individuals in other facilities or homes has been allowed.
(5) Violation of ORS 443.725 is punishable as a Class C misdemeanor.
(6) Violation of any provision of ORS 443.755 is a Class B misdemeanor. In addition, the department may commence an action to enjoin operation of an adult foster home:
(a) When an adult foster home is operated without a valid license; or
(b) After notice of revocation has been given and a reasonable time for placement of individuals in other facilities has been allowed.
(7) Violation of ORS 443.881 is punishable as a Class C misdemeanor. [Subsection (1) enacted as 1977 c.738 §11; subsection (2) enacted as 1977 c.717 §14; 1979 c.284 §144; 1985 c.663 §8; subsection (5) enacted as 1991 c.413 §3; 2009 c.595 §796]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 444 - Special Medical Services for Children › Section 444.010 - Oregon Health and Science University to administer program for children with disabilities.

(1) The Oregon Health and Science University is designated to administer a program the purpose of which is to enable the state to extend and improve services for locating children with disabilities and for providing medical, surgical, corrective and other services and care, and facilities for diagnosis, hospitalization and after care for such children and for children having conditions which lead to disability.
(2) The Oregon Health and Science University shall also supervise the administration of those services included in the program which are not administered directly by it. [Amended by 1975 c.693 §8; 1989 c.224 §104; 1995 c.162 §81; 2007 c.70 §252]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 444 - Special Medical Services for Children › Section 444.020 - Authority in administering services for children with special health needs; rules.

The Oregon Health and Science University may:
(1) Make all necessary rules and regulations for administering services to children with disabilities under ORS 444.010 to 444.050.
(2) Accept, expend and disburse all federal funds made available to this state for services for children with disabilities and for the administration of services for children with special health needs.
(3) Make such reports in such form and containing such information as are required by the federal government, and comply with such provisions as are found necessary to ensure correctness and verification of such reports.
(4) Cooperate with medical, health, nursing and welfare groups and organizations and with any agencies in the state charged with administering state laws providing for vocational rehabilitation of children with physical disabilities.
(5) Cooperate with the federal government through its appropriate agency or instrumentality in administering services for children with special health needs.
(6) Accept and receive funds, money or other valuable things from relatives, corporations or interested persons or organizations for the care of children with disabilities and expend the same for the purposes for which such funds, money or other valuable things were received.
(7) Accept and receive fees for services rendered under ORS 444.010 to 444.050. [Amended by 1975 c.693 §9; 1989 c.224 §105; 1995 c.162 §82; 2007 c.70 §253]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 444 - Special Medical Services for Children › Section 444.030 - Oregon Health and Science University responsible for administration of services.

The Oregon Health and Science University shall be responsible for the administration of services for children with special health needs under ORS 444.010 to 444.050 and may establish:
(1) Qualifications of medical, nursing and other personnel employed in connection with services to children with disabilities.
(2) Standards of medical practice, hospitalization, nursing and other services, and diagnostic clinics. [Amended by 1975 c.693 §10; 1989 c.224 §106; 2007 c.70 §254]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 444 - Special Medical Services for Children › Section 444.040 - Services for Children with Special Health Needs Account; expenditure of funds; payment of claims.

(1) There is created in the General Fund of the State Treasury an account to be known as the Services for Children with Special Health Needs Account.
(2) All moneys received under ORS 444.020 shall be deposited in the Services for Children with Special Health Needs Account and shall be disbursed in the same manner as the moneys appropriated for carrying out ORS 444.010 to 444.050.
(3) Moneys in the account are continuously appropriated to the Oregon Department of Administrative Services for use by the Oregon Health and Science University in carrying out the program described in ORS 444.010.
(4) The Oregon Department of Administrative Services shall draw warrants to pay all claims duly approved by the Oregon Health and Science University, which have been incurred in pursuance of law and the appropriation in subsection (3) of this section. [Amended by 1975 c.693 §11; 1983 c.740 §163; 1989 c.224 §107; 1995 c.162 §83; 2005 c.755 §38]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 444 - Special Medical Services for Children › Section 444.050 - Children not treated if parents object.

In carrying out ORS 444.010 to 444.040, no state official, agent or representative shall take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child.