reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.400 - Expenditure and accounting of district funds.

(1) Except as otherwise provided by subsections (3) and (4) of this section, all moneys of a health district shall be deposited in accordance with ORS 295.001 to 295.108, as designated by the district board. Moneys shall be withdrawn or paid out only when previously ordered by resolution or vote of the board, and upon checks signed as provided by subsection (2) of this section. Receipts or vouchers, showing clearly the nature and items covered by each check drawn, shall be kept on file.
(2) Except for checks issued in accordance with subsection (3) of this section, checks of a district shall be signed:
(a) By the treasurer and countersigned by the chairperson, or in the absence or inability of the chairperson to act, by the secretary; or
(b) By an administrative employee of the district designated by the board of directors, and countersigned by a director of the district.
(3) The district board may, by resolution:
(a) Set aside specified amounts from moneys available for operating the district hospital facility; and
(b) Delegate to an administrative officer of the district in charge of the hospital facility the authority to approve specified claims for expenses previously authorized by the board and to issue and sign checks in payment thereof.
(4) Moneys of a health district may be invested as provided by ORS 294.035 and 294.040. [Formerly 441.365; 1983 c.699 §3; 2001 c.215 §7; 2019 c.587 §40]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.403 - Adoption of health district budget.

(1) A health district shall adopt an annual budget by:
(a) Preparing a proposed budget for the fiscal year not later than June 1 of each year;
(b) Publishing a notice of the proposed budget and of the date and place of a hearing on the proposed budget five to 30 days prior to the hearing;
(c) Holding a public hearing on the proposed budget;
(d) Adopting a final budget by resolution not later than June 30 of each year; and
(e) Filing a written notice pursuant to ORS 310.060 not later than July 15 of each year if the district seeks to impose property taxes.
(2) A health district may adopt a supplemental budget by resolution at a regular meeting of the district board. A supplemental budget may not extend beyond the end of the fiscal year during which it is submitted.
(3) As used in this section:
(a) "Budget" means a plan of financial operation embodying an estimate of expenditures for a given period or purpose and the proposed means of financing the estimated expenditures.
(b) "Fiscal year" means the period beginning on July 1 of any year and ending on June 30 of the next year.
(c) "Publish" means giving notice or making information or documents available to members of the general public by printing the notice, information or documents in one or more newspapers of general circulation within the jurisdictional boundaries of the health district. [2001 c.251 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.405 - District records open to inspection; preservation of records.

(1) All the proceedings of the district board shall be entered at large in a record book.
(2) All books, maps, plans, documents, correspondence, vouchers, reports and other papers and records pertaining to the business of the health district shall be carefully preserved and shall be open to inspection as public records. [Formerly 441.370]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.410 - Annual audit.

An annual audit of the district shall be made by an auditor. A true and complete copy of the auditor’s report of such audit shall be filed in the office of the county clerk of the principal county, as defined by ORS 198.705, and shall remain a public record therein. [Formerly 441.375]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.505 - Port hospitals; levy of taxes; property exempt from taxation.

(1) A port may construct, maintain and operate hospitals within its boundaries, subject to the provisions and limitations upon indebtedness of the port imposed by law. However, after June 23, 1967, a port may not construct or acquire a hospital if any part of a health district organized pursuant to ORS 440.315 to 440.410 lies within the boundaries of the port.
(2) Should any port district under authority of subsection (1) of this section after August 20, 1957, construct, maintain and operate a hospital or hospital facilities and levy a tax for any indebtedness or other expense incurred therefor, all taxable property in the port district and also within a health district then operating hospital facilities shall be exempt from all taxes levied by a port district for such hospital purposes. [Formerly 441.505; 2003 c.802 §115]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.600 - Formation of Central Oregon Health Council.

(1) Crook, Deschutes and Jefferson Counties may form a Central Oregon Health Council when the governing body of each of the counties adopts a resolution signifying the body’s intention to do so.
(2) A county that is adjacent to Crook, Deschutes or Jefferson County may join the council if:
(a) The governing body of the county seeking to join the council adopts a resolution signifying the body’s intention to include a portion of that county in the region served by the council;
(b) The portion of the county to be included in the region is part of a natural health care referral pattern with the other counties on the council; and
(c) The Oregon Health Authority and the council approve. [2011 c.418 §13; 2015 c.359 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.601 - Composition of Central Oregon Health Council; term of office; authority of council; rules.

(1) The Central Oregon Health Council shall consist of no more than 15 members, including:
(a) One member each from the governing bodies of Crook, Deschutes and Jefferson Counties, appointed by each body;
(b) The chief executive officer, or a designee of the chief executive officer, of the health care system serving the region;
(c) The chief executive officer, or a designee of the chief executive officer, of each coordinated care organization serving any of the counties in the region that join the council; and
(d) At least three members appointed by the council who represent:
(A) Consumers of physical and behavioral health services;
(B) Health care professionals;
(C) School districts or educational service districts;
(D) The business community; or
(E) The governing body of any county that joins the council under ORS 440.600 (2).
(2) The term of office of the members of the council is four years. Members may be reappointed.
(3) A majority of the members of the council constitutes a quorum for the transaction of business.
(4) The council shall elect a member of the council to serve as the chairperson.
(5) If there is a vacancy for any cause, the appointing authority shall make an appointment to the vacated position to become effective immediately.
(6) The council may incorporate under ORS chapter 65 as an Oregon nonprofit corporation and may adopt rules necessary for the operation of the council, enter into necessary contracts, apply for and receive grants, hold and dispose of property and take other actions necessary to carry out the activities, services and responsibilities assumed by the council.
(7) The council may convene a single community advisory council required by ORS 414.575 for all of the coordinated care organizations serving any of the counties that join the council. [2011 c.418 §14; 2015 c.359 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.602 - Advisory committee to Central Oregon Health Council.

The Central Oregon Health Council may appoint an advisory committee to advise the council in the performance of the duties of the council. The members of the advisory committee may include representatives of:
(1) Public health agencies serving the region;
(2) Behavioral health agencies for mental health authorities serving the region represented on the council;
(3) Hospital or integrated delivery systems serving the region represented on the council;
(4) Medicaid contractors in each region served by the council;
(5) Safety net clinics;
(6) Health collaboratives;
(7) The dental profession;
(8) School and educational service districts;
(9) The business community;
(10) Primary care clinics; and
(11) Independent physician associations. [2011 c.418 §15; 2015 c.359 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.603 - Regional health improvement plan.

(1) As used in this section, "regional health improvement plan" means a four-year comprehensive, coordinated regional plan incorporating and replacing all health and human service plans prescribed by the Oregon Health Authority, including but not limited to:
(a) Plans required under ORS 430.630, 430.640 and 624.510; and
(b) The community health assessment and community health improvement plan described in ORS 414.575.
(2)(a) The Central Oregon Health Council shall conduct a regional health assessment and adopt a regional health improvement plan to serve as a strategic population health and health care system service plan for the region served by the council. The plan must define the scope of the activities, services and responsibilities that the council proposes to assume upon implementation of the plan.
(b) The activities, services and responsibilities that the council proposes to assume under the plan may include, but are not limited to:
(A) Analysis and development of public and private resources, capacities and metrics based on ongoing regional health assessment activities and population health priorities;
(B) Health policy;
(C) System design;
(D) Outcome and quality improvement;
(E) Integration of service delivery; and
(F) Workforce development.
(3) The council shall submit the plan adopted under subsection (2) of this section to the authority for approval. The authority may approve the plan or return it to the council for modification prior to approval.
(4) The regional health improvement plan adopted under this section shall serve as a guide for entities serving medical assistance recipients, public health authorities, mental health authorities, health care systems, payer groups, provider groups and health coalitions in the counties served by the council. [2011 c.418 §16; 2012 c.37 §64; 2015 c.359 §4; 2015 c.736 §111]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 440 - Health Districts; Port Hospitals › Section 440.604 - Rules relating to regional health improvement plan.

(1) By September 1, 2011, the Oregon Health Authority shall adopt by rule requirements for the regional health improvement plan adopted under ORS 440.603.
(2) The Oregon Health Authority shall adopt rules:
(a) Necessary to implement ORS 440.600 to 440.603; and
(b) That allow for the consolidation of planning and reporting requirements of the authority under ORS 440.603. [2011 c.418 §17]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.015 - Licensing of facilities and health maintenance organizations; compliance with rules and standards.

(1) No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, maintain, manage or operate a health care facility or health maintenance organization, as defined in ORS 442.015, in this state without a license.
(2) Any health care facility or health maintenance organization which is in operation at the time of promulgation of any applicable rules or minimum standards under ORS 441.025 or 731.072 shall be given a reasonable length of time within which to comply with such rules or minimum standards. [Amended by 1971 c.730 §4; 1973 c.840 §4; 1977 c.751 §19; 2003 c.14 §249; 2009 c.792 §37]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.021 - Additional fees for investigation and compliance activities.

(1) In addition to an annual fee, the Oregon Health Authority may charge a hospital a fee for:
(a) Complaint investigation, in an amount not to exceed $850.
(b) Full compliance survey, in an amount not to exceed $7,520.
(c) On-site follow-up survey to verify compliance with a plan of correction, in an amount not to exceed $225.
(d) Off-site follow-up survey to verify compliance with a plan of correction, in an amount not to exceed $85.
(2) During one calendar year, the authority may charge to all hospitals a total amount not to exceed:
(a) $91,000 for complaint investigations.
(b) $15,000 for full compliance surveys.
(c) $6,700 for follow-up surveys.
(3)(a) The authority shall apportion the total amount charged under subsection (2) of this section among hospitals at the end of each calendar year based on the number of complaint investigations, full compliance surveys and follow-up surveys performed at each hospital during the calendar year.
(b) The authority may not include investigations of employee complaints in a hospital’s total number of complaint investigations.
(c) A hospital may not be charged fees in any calendar year under subsection (2) of this section for more complaint investigations than the greater of:
(A) The rolling average for the hospital for the previous three years; or
(B) Two complaint investigations for a small hospital and five complaint investigations for a large hospital.
(d) Notwithstanding paragraph (c) of this subsection, the authority may not charge a hospital for a number of complaint investigations that exceeds the number of complaint investigations actually conducted at the hospital during the calendar year.
(4) As used in this section, "full compliance survey" means a survey conducted by the authority following a complaint investigation to determine a hospital’s compliance with the Centers for Medicare and Medicaid Services Conditions of Participation. [2009 c.792 §4b; 2009 c.792 §54; 2011 c.720 §195a]
Note:
441.021 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 441.022 - Factors to be considered in licensing.

In determining whether to license a health care facility pursuant to ORS 441.025, the Oregon Health Authority or the Department of Human Services shall consider only factors relating to the health and safety of individuals to be cared for therein and the ability of the operator of the health care facility to safely operate the facility, and may not consider whether the health care facility is or will be a governmental, charitable or other nonprofit institution or whether the facility is or will be an institution for profit. [1967 c.584 §2; 1971 c.730 §6; 1973 c.840 §6; 1987 c.428 §4; 2001 c.900 §162; 2009 c.595 §721; 2009 c.792 §55]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.030 - Denial, suspension or revocation of licenses; restrictions on admission; penalties.

(1) The Oregon Health Authority or the Department of Human Services may assess a civil penalty and, pursuant to ORS 479.215, shall deny, suspend or revoke a license, in any case where the State Fire Marshal, or the representative of the State Fire Marshal, certifies that there is a failure to comply with all applicable laws, lawful ordinances and rules relating to safety from fire.
(2) The authority may:
(a) Assess a civil penalty or deny, suspend or revoke a license of a health care facility other than a long term care facility in any case where it finds that there has been a substantial failure to comply with ORS 441.015 to 441.119 and 441.993 or the rules or minimum standards adopted under ORS 441.015 to 441.119 and 441.993.
(b) Assess a civil penalty or suspend or revoke a license issued under ORS 441.025 for failure to comply with an authority order arising from a health care facility’s substantial lack of compliance with the provisions of ORS 441.015 to 441.119, 441.761 to 441.795 or 441.993 or the rules adopted under ORS 441.015 to 441.119, 441.761 to 441.795 or 441.993.
(c) Suspend or revoke a license issued under ORS 441.025 for failure to pay a civil penalty imposed under ORS 441.793.
(3) The department may:
(a) Assess a civil penalty or deny, suspend or revoke a long term care facility’s license in any case where it finds that there has been a substantial failure to comply with ORS 441.015 to 441.119 and 441.993 or the rules or minimum standards adopted under ORS 441.015 to 441.119 and 441.993.
(b) Assess a civil penalty or suspend or revoke a long term care facility’s license issued under ORS 441.025 for failure to comply with a department order arising from a long term care facility’s substantial lack of compliance with the provisions of ORS 441.015 to 441.119 and 441.993 or the rules adopted under ORS 441.015 to 441.119 and 441.993.
(c) Suspend or revoke a license issued under ORS 441.025 for failure to pay a civil penalty imposed under ORS 441.710.
(d) Order a long term care facility licensed under ORS 441.025 to restrict the admission of patients when the department finds an immediate threat to patient health and safety arising from failure of the long term care facility to be in compliance with ORS 441.015 to 441.119 and 441.993 and the rules adopted under ORS 441.015 to 441.119 and 441.993.
(4) Any long term care facility that has been ordered to restrict the admission of patients pursuant to subsection (3)(d) of this section shall post a notice of the restriction, provided by the department, on all doors providing ingress to and egress from the facility, for the duration of the restriction. [Amended by 1959 c.222 §1; 1961 c.316 §7; 1971 c.730 §8; 1977 c.582 §46; 1987 c.428 §6; 1989 c.171 §55; 1991 c.734 §22; 2001 c.609 §8; 2001 c.900 §164; 2007 c.71 §125; 2009 c.595 §723; 2009 c.792 §57; 2015 c.669 §14; 2018 c.50 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.037 - Hearings; procedures; judicial review.

(1) When the Oregon Health Authority or the Department of Human Services proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183.
(2) Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [1971 c.734 §56; 1977 c.582 §47; 1987 c.428 §7; 2001 c.900 §165; 2009 c.595 §724]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.038 - Additional remedies.

(1) Notwithstanding the existence and pursuit of any other remedy, the Oregon Health Authority may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a health care facility or health maintenance organization without a license.
(2) Notwithstanding the existence and pursuit of any other remedy, the Department of Human Services may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a long term care facility without a license. [Formerly 441.050]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.044 - Complaints about standard of care in facility; retaliation prohibited; rules.

(1) Rules adopted pursuant to ORS 441.025 shall include procedures for the filing of complaints as to the standard of care in any health care facility and provide for the confidentiality of the identity of any complainant.
(2) A health care facility, or person acting in the interest of the facility, may not take any disciplinary or other adverse action against any employee who in good faith brings evidence of inappropriate care or any other violation of law or rules to the attention of the proper authority solely because of the employee’s action as described in this subsection.
(3) Any employee who has knowledge of inappropriate care or any other violation of law or rules shall utilize established reporting procedures of the health care facility administration before notifying the Department of Human Services, Oregon Health Authority or other state agency of the alleged violation, unless the employee believes that patient health or safety is in immediate jeopardy or the employee makes the report to the department or the authority under the confidentiality provisions of subsection (1) of this section.
(4) The protection of health care facility employees under subsection (2) of this section shall commence with the reporting of the alleged violation by the employee to the administration of the health care facility or to the department, authority or other state agency pursuant to subsection (3) of this section.
(5) Any person suffering loss or damage due to any violation of subsection (2) of this section has a right of action for damages in addition to other appropriate remedy.
(6) The provisions of this section do not apply to a nursing staff, as defined in ORS 441.179, who claims to be aggrieved by a violation of ORS 441.181 committed by a hospital.
(7) Information obtained by the department or the authority during an investigation of a complaint or reported violation under this section is confidential and not subject to public disclosure under ORS 192.311 to 192.478. Upon the conclusion of the investigation, the department or the authority may publicly release a report of the department’s or the authority’s findings but may not include information in the report that could be used to identify the complainant or any patient at the health care facility. The department or the authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a health care facility, and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160, the Long Term Care Administrators Board, the Board of Licensed Dietitians or the Behavior Analysis Regulatory Board as that information pertains to a licensee of the board. [Formerly 441.057]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.046 - Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident; rules.

(1) A long term care facility may not interfere with the good faith disclosure of information by an employee or a volunteer concerning the abuse or mistreatment of a resident in the long term care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to:
(a) The Long Term Care Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the long term care facility; or
(b) A family member, guardian, friend or other person who is acting on behalf of the resident.
(2) Unless performed with the intent to comply with state or federal law, including but not limited to protecting residents’ rights or carrying out a facility’s policies and procedures that are consistent with state and federal law, it is interference with the disclosure of information as described in subsection (1) of this section if a long term care facility:
(a) Asks or requires the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;
(b) Trains an employee or volunteer not to disclose the information; or
(c) Takes actions or communicates to the employee or volunteer that the employee or volunteer may not disclose the information.
(3) The department may revoke or suspend the license of a long term care facility that is found to have violated subsection (1) of this section.
(4) The department shall adopt rules to carry out the provisions of this section.
(5) This section does not authorize the disclosure of 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 §2]
Note:
441.046 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 441.047 - Requirement to provide resident with information about Long Term Care Ombudsman services.

Upon the admission of a resident to a long term care facility, the facility shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 §2]
Note:
441.047 was added to and made a part of 441.015 to 441.119 and 441.993 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 441.048 - Discrimination based on execution of POLST, advance directive or similar instruction prohibited.

(1) As used in this section:
(a) "Advance directive" has the meaning given that term in ORS 127.505.
(b) "Hospital" has the meaning given that term in ORS 442.015.
(c) "POLST" has the meaning given that term in ORS 127.663.
(2) A hospital may not:
(a) Condition the provision of treatment on a patient having a POLST, advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration;
(b) Communicate to any individual or person acting on behalf of the individual, before or after admission to the hospital, that treatment is conditioned on the individual’s having a POLST, an advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration;
(c) Suggest to any individual, or person acting on behalf of the individual, who contacts the hospital regarding treatment for the individual that admission or treatment is conditioned on the individual’s having a POLST, an advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration; or
(d) Discriminate in any other way against an individual based on whether the individual has a POLST, an advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration.
(3) This section does not prohibit a hospital from providing the written materials and information about advance directives as required by ORS 127.649 and 127.652 or prohibit a licensed health care professional from engaging in a discussion with a patient about the written materials and information. [2020 s.s.1 c.20 §1]
Note:
441.048 and 441.049 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 441.050

[Amended by 1971 c.730 §12; 1973 c.840 §8; 1977 c.751 §22; 1987 c.428 §8; 2001 c.900 §166; 2009 c.595 §725; renumbered 441.038 in 2019]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.051 - Discharge of patient to care of lay caregiver.

(1) As used in this section:
(a) "Aftercare" includes all of the following:
(A) Assistance with activities of daily living or instrumental activities of daily living.
(B) Medical or nursing tasks such as wound care, the administration of medications and the operation of medical equipment.
(C) Other assistance provided by a caregiver to a patient, following the patient’s discharge, that is related to the patient’s condition at the time of discharge.
(b) "Discharge" means a patient’s release from a hospital following the patient’s admission to the hospital.
(c) "Lay caregiver" means an individual who, at the request of a patient, agrees to provide aftercare to the patient in the patient’s residence.
(2) A hospital shall adopt and maintain written discharge policies. The policies must include the following components:
(a) Hospital staff assess the patient’s ability for self-care after discharge;
(b) The patient is provided an opportunity to designate a lay caregiver;
(c) The patient and lay caregiver are given the opportunity to participate in the discharge planning;
(d) The patient and lay caregiver are provided instruction or training, prior to discharge, as necessary for the lay caregiver to perform medical and nursing aftercare following discharge; and
(e) The patient’s lay caregiver is notified of the patient’s discharge or transfer.
(3) The discharge policies must specify the requirements for documenting:
(a) The lay caregiver who is designated by the patient; and
(b) The details of a discharge plan.
(4) The discharge policies may incorporate established evidence-based practices, including but not limited to:
(a) Standards for accreditation adopted by the Joint Commission or other nationally recognized hospital accreditation organization; or
(b) The Conditions of Participation for hospitals adopted by the Centers for Medicare and Medicaid Services.
(5) The discharge policies must ensure that the discharge planning is appropriate to the condition of the patient and shall be interpreted in a manner and as necessary to meet the needs and acuity of the patient and the abilities of the lay caregiver.
(6) This section does not require a hospital to adopt discharge policies that would:
(a) Delay a patient’s discharge or transfer to another facility; or
(b) Require the disclosure of protected health information without obtaining a patient’s consent as required by state and federal laws governing health information privacy and security. [Formerly 441.198]
Note:
441.051 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 441.052 - Provision of opioid reversal medication upon discharge or release from hospital.

(1) Upon the discharge or release of a patient, a hospital licensed under this chapter shall provide to the patient at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if:
(a) The hospital actively treated the patient for the patient’s opioid use disorder; and
(b) The patient is discharged or released to an unlicensed private residence or other unlicensed setting.
(2)(a) Except as provided in paragraph (b) of this subsection, a person who is acting in good faith, if the act does not constitute wanton misconduct, is immune from civil liability for any act or omission of an act committed during the course of providing to a patient opioid overdose reversal medications, and the necessary medical supplies to administer the medications, under subsection (1) of this section.
(b) This subsection does not apply to a person involved in the manufacture or sale of opioid overdose reversal medication.
(3) The requirements of subsection (1) of this section do not apply if a patient leaves the hospital against medical advice. [2023 c.297 §2]
Note:
441.052 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.
Note:
Section 7, chapter 297, Oregon Laws 2023, provides:
Sec. 7.
The Oregon Health Authority shall facilitate access to opioid overdose reversal medications and the necessary medical supplies to administer the medications for hospitals licensed under ORS chapter 441, long term care facilities as defined in ORS 442.015, facilities as defined in section 4 of this 2023 Act [430.263] and facilities as defined in section 6 of this 2023 Act [443.454] for the purposes of carrying out sections 2 [441.052], 3 [441.698], 4 and 6 of this 2023 Act. [2023 c.297 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.054 - Discharge of patients receiving mental health treatment.

(1) As used in this section:
(a) "Discharge" means the release of a patient from a hospital following admission to the hospital.
(b) "Lay caregiver" means:
(A) For a patient who is younger than 14 years of age, a parent or legal guardian of the patient.
(B) For a patient who is at least 14 years of age, an individual designated by the patient or a parent or legal guardian of the patient to the extent permitted under ORS 109.640 and 109.675.
(2) A hospital shall adopt and enforce policies for the discharge of a patient who is hospitalized for mental health treatment. The policies must be publicly available and include, at a minimum, all of the following:
(a) Encouraging the patient to sign an authorization for the disclosure of information that is necessary for a lay caregiver to participate in the patient’s discharge planning and to provide appropriate support to the patient following discharge including, but not limited to, discussing the patient’s prescribed medications and the circumstances under which the patient or lay caregiver should seek immediate medical attention.
(b) Assessing the patient’s risk of suicide, with input from the lay caregiver if appropriate.
(c) Assessing the long-term needs of the patient including:
(A) The patient’s need for community-based services;
(B) The patient’s capacity for self-care; and
(C) To the extent practicable, whether the patient can be properly cared for in the place where the patient was residing when the patient presented at the hospital.
(d) A process to coordinate the patient’s care and transition the patient from an acute care setting to outpatient treatment that may include community-based providers, peer support, lay caregivers and others who can execute the patient’s care plan following discharge.
(e) Scheduling follow-up appointments for no later than seven days after discharge or documenting why the seven-day goal could not be met. [Formerly 441.196]
Note:
441.054 was added to and made a part of 441.015 to 441.119 and 441.993 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 441.056 - Credentialing telemedicine providers; rules.

(1) The Oregon Health Authority shall prescribe by rule the information and documents that a governing body of an originating-site hospital may request for credentialing a telemedicine provider located at a distant-site hospital.
(2) The rules adopted by the authority under subsection (1) of this section must:
(a) Prescribe a standard list of information and documents that shall be provided by a distant-site hospital;
(b) Prescribe a list of information and documents that may be requested by an originating-site hospital in addition to the standard list of information and documents;
(c) Prescribe a list of information and documents that may not be requested by an originating-site hospital; and
(d) Be consistent with all applicable legal and accreditation requirements of an originating-site hospital and the health plans with which the originating-site hospital contracts.
(3) Except as provided in subsection (4) of this section, an originating-site hospital in this state must comply with the rules adopted under this section if the telemedicine provider is located at a distant-site hospital that is located in this state. This section does not prevent hospitals located outside of this state from using or require such hospitals to use the prescribed list of information and documents in credentialing a telemedicine provider.
(4) An originating-site hospital is not limited to the information and documents prescribed by the authority if the originating-site hospital has a delegated credentialing agreement with the distant-site hospital where the telemedicine provider is located and the governing body of the originating-site hospital accepts the recommendation of the medical staff to credential the telemedicine provider.
(5) In the adoption of the rules described in subsections (1) and (2) of this section, the authority shall consult with representatives of distant-site hospitals and originating-site hospitals in this state. Once adopted, the authority may not amend the rules to alter the prescribed lists without first consulting representatives of distant-site hospitals and originating-site hospitals in this state.
(6) This section does not affect the responsibilities of a governing body under ORS 441.055 and does not require a governing body of a hospital to grant privileges to a telemedicine provider. [2013 c.414 §2]
Note:
441.056 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 441.057

[1975 c.360 §2; 1981 c.336 §1; 1987 c.428 §10; 2001 c.609 §16; 2001 c.900 §168; 2009 c.595 §727; 2009 c.792 §59; 2017 c.101 §13; 2018 c.61 §16; renumbered 441.044 in 2019]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.059 - Access to previous X-rays and reports by patients of chiropractic physicians.

The rules of a hospital that govern patient access to previously performed X-rays or diagnostic laboratory reports shall not discriminate between patients of chiropractic physicians and patients of other licensed medical practitioners permitted access to such X-rays and diagnostic laboratory reports. [1979 c.490 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.060 - Inspections; approval of plans and specifications; rules; fees.

(1) The Oregon Health Authority shall make or cause to be made in-person site inspections of health care facilities licensed under ORS 441.025 (1) at least once every three years.
(2) The authority and the Department of Human Services may prescribe by rule that any licensee or prospective applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, either prior to or after receiving a certificate of need pursuant to ORS 442.315, if required, submit plans and specifications therefor to the authority or the department for preliminary inspection and approval or recommendations with respect to compliance with the rules authorized by ORS 441.025 and 443.420 and for compliance with National Fire Protection Association standards when the facility is also to be Medicare or Medicaid certified.
(3) The authority or the department may require by rule payment of a fee for project review services at a variable rate, dependent on total project cost.
(4) For health care facilities, the authority shall develop a review fee schedule as minimally necessary to support the staffing level and expenses required to administer the program.
(5) For long term care facilities and residential care facilities, the department shall develop a review fee schedule as minimally necessary to support the staffing level and expenses required to administer the program. The fee for project review of residential care facilities shall equal two-thirds that required of health care facilities.
(6) The authority or the department may also conduct an on-site review of projects as a prerequisite to licensure of new facilities, major renovations and expansions. The authority and the department shall, at least annually, with the advice of the facilities covered by the review, present proposed rule changes regarding facility design and construction to such agencies for their consideration.
(7) The authority shall publish a state submissions guide for health care facility projects and advise project sponsors of applicable requirements of federal, state and local regulatory agencies.
(8) The department shall publish a state submissions guide for long term care facility and residential care facility projects and advise project sponsors of applicable requirements of federal, state and local regulatory agencies. [Amended by 1965 c.352 §2; 1971 c.730 §14; 1973 c.840 §10; 1985 c.747 §29; 1987 c.428 §11; 1987 c.660 §23; 2001 c.104 §178; 2001 c.900 §169; 2009 c.595 §728; 2009 c.792 §60; 2011 c.35 §2; 2021 c.338 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.061 - Delegation of health inspections to local public health authorities; financial assistance.

(1) Upon agreement, the Director of Human Services may grant specific authorization to any local public health authority, as defined in ORS 431.003, to administer and enforce any law or rules of the Department of Human Services relating to inspections and issuance, revocation and suspension of licenses, or portion thereof, for long term care facilities.
(2) Pursuant to an agreement as provided in subsection (1) of this section, the director may provide funds and other resources to the local public health authority necessary to enable the local public health authority to perform the agreed upon functions. [1977 c.261 §2; 1987 c.428 §12; 2015 c.736 §87]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.062 - Coordination of inspections; rules.

(1) In conducting inspections for the purpose of licensing health care facilities under ORS 441.020, the Oregon Health Authority and the Department of Human Services shall avoid unnecessary facility disruption by coordinating inspections performed by the authority or the department with inspections performed by other federal, state and local agencies that have responsibility for health care facility licensure.
(2) Whenever possible, the authority and the department shall avoid duplication of inspections by accepting inspection reports or surveys prepared by other state agencies that have responsibility for health care facility licensure for purposes of the inspection required for licensure.
(3) In lieu of an in-person site inspection as required by ORS 441.025 and 441.060, the authority or the department may accept a certification or accreditation from a federal agency or an accrediting body approved by the authority or the department that the state licensing standards have been met, if:
(a) The certification or accreditation is recognized by the authority or the department as addressing the standards and condition of participation requirements of the Centers for Medicare and Medicaid Services and other standards set by the authority or the department;
(b) The health care facility notifies the authority or the department to participate in any exit interview conducted by the federal agency or accrediting body; and
(c) The health care facility provides copies of all documentation concerning the certification or accreditation requested by the authority or the department.
(4) The authority and the department shall adopt rules necessary to implement this section. [1995 c.449 §6; 2001 c.900 §170; 2009 c.595 §729; 2009 c.792 §61; 2021 c.338 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.063 - Use of facilities by licensed podiatric physicians and surgeons; regulation of admission and conduct.

The rules of the hospital shall include provisions for the use of the hospital facilities by podiatric physicians and surgeons licensed under ORS 677.805 to 677.840, subject to rules and regulations governing the use established by the medical staff and the podiatric staff of the hospital. The staff shall regulate the admission and the conduct of the podiatric physicians and surgeons while using the facilities of the hospital and shall prescribe procedures whereby a podiatric physician and surgeon’s use of the facilities may be suspended or terminated. [1973 c.279 §2; 2007 c.71 §126; 2013 c.129 §29]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.064 - Use of facilities by nurse practitioners and physician assistants; rules regarding privileges and credentialing.

(1) As used in this section:
(a) "Nurse practitioner" has the meaning given that term in ORS 678.010;
(b) "Physician" has the meaning given that term in ORS 677.010; and
(c) "Physician assistant" has the meaning given that term in ORS 677.495.
(2) The rules of any hospital in this state may grant privileges to nurse practitioners and physician assistants for purposes of patient care.
(3) Rules must be in writing and may include, but need not be limited to:
(a) Limitations on the scope of privileges;
(b) Monitoring and supervision of nurse practitioners and collaboration with physician assistants in the hospital by physicians who are members of the medical staff;
(c) A requirement that a nurse practitioner or physician assistant co-admit patients with a physician who is a member of the medical staff; and
(d) Qualifications of nurse practitioners and physician assistants to be eligible for privileges including but not limited to requirements of prior clinical and hospital experience.
(4) The rules may:
(a) Regulate the credentialing and conduct of nurse practitioners and physician assistants while using the facilities of the hospital;
(b) Prescribe the procedures for suspension or termination of a nurse practitioner’s or physician assistant’s privileges; and
(c) Allow the hospital to refuse privileges to a nurse practitioner or physician assistant, but only on the same basis that the hospital refuses privileges to other medical providers.
(5) Notwithstanding subsection (3) of this section, rules adopted by a hospital that grant privileges to licensed registered nurses who are licensed by the Oregon State Board of Nursing as nurse practitioners specializing in nurse midwifery must:
(a) Include admitting privileges;
(b) Be consistent with the privileges of the other medical staff; and
(c) Permit the nurse practitioner specializing in nurse midwifery to exercise the voting rights of the other members of the medical staff.
(6) Rules described in this section are subject to hospital and medical staff bylaws and rules governing credentialing and staff privileges. [1993 c.34 §1; 1995 c.763 §2; 2015 c.63 §1; 2017 c.259 §1; 2019 c.233 §1; 2019 c.358 §14; 2021 c.349 §§7,16]
Note:
441.064 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.