reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.590 - Authority granted by ORS 441.525 to 441.595.

ORS 441.525 to 441.595 are complete authority for the organization of authorities and for the issuance and sale of revenue bonds and refunding revenue bonds. Any restrictions, limitations, conditions or procedures provided by other statutes, including but not limited to the provisions of ORS chapter 198 and ORS 440.305 to 440.410, do not apply to the organization of authorities and the issuance and sale of revenue bonds pursuant to ORS 441.525 to 441.595. However, nothing contained in ORS 441.525 to 441.595 shall be construed as a restriction or limitation upon any powers which an authority might otherwise have under any law of this state or the charter of any municipality. [1973 c.153 §14; 2005 c.443 §25]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.600 - Definitions for ORS 441.600 to 441.625.

As used in ORS 441.600 to 441.625 unless the context requires otherwise:
(1) "Department" means the Department of Human Services.
(2) "Facility" means a long term care facility as defined in ORS 442.015.
(3) "Legal representative" means attorney at law, person holding a general power of attorney, guardian, conservator or any person appointed by a court to manage the personal or financial affairs of a resident or person or agency legally responsible for the welfare or support of a resident.
(4) "Person" means an individual and every form of organization, whether incorporated or unincorporated, including partnership, corporation, trust, association or administrative agency or political subdivision of this state.
(5) "Resident" means an individual under care in a facility. [1979 c.261 §2; 1987 c.428 §25]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.610 - Nursing home patients’ bill of rights; rules.

(1) The Department of Human Services shall adopt a nursing home patients’ bill of rights consistent with the principles set forth in ORS 441.605. The rules shall be applicable to all residents and as far as practicable shall conform to any federal nursing home patients’ bill of rights.
(2) The department shall periodically review the rules to assure that they meet the principles set forth in ORS 441.605 and that they are in conformity with federal standards but in no case shall the rules be less protective than required by ORS 441.605.
(3) The department shall be guided by federal interpretative standards in its enforcement of the nursing home patients’ bill of rights. [1979 c.261 §5; 1987 c.397 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.612 - Additional rights; rules.

(1) The Department of Human Services shall adopt a bill of rights for residents and patients of long term care facilities, as defined in ORS 442.015. The rules shall be applicable to all residents and patients.
(2) The rights adopted by the department pursuant to subsection (1) of this section shall be in addition to those rights provided in, or by rule adopted pursuant to, ORS 441.605 and 441.610.
(3) The following rights shall be included in the bill of rights adopted by the department pursuant to subsection (1) of this section:
(a) A resident or patient of a long term care facility shall have the right to receive care from facility staff trained to provide care that is specific to the resident’s or patient’s disease or medical condition; and
(b) A resident or patient of a long term care facility shall have the right to receive a modified or special diet that meets the specific requirements of the resident’s or patient’s disease or medical condition. [2007 c.556 §2]
Note:
441.612 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 441.615 - Powers and responsibilities of department; rules.

In the administration of ORS 441.600 to 441.625, 441.710 and 441.715, the Department of Human Services shall have the following powers and responsibilities:
(1) To inspect any facility and the records of any facility to insure compliance with ORS 441.600 to 441.625, 441.710 and 441.715.
(2) To adopt rules in accordance with ORS chapter 183, including but not limited to procedures for investigations and administrative hearings.
(3) To file complaints and initiate proceedings for the enforcement of ORS 441.600 to 441.625, 441.710 and 441.715 or of rules adopted under ORS 441.600 to 441.625, 441.710 and 441.715.
(4) To issue subpoenas. [1979 c.261 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.620 - Disclosure of business information required.

Each facility shall disclose to the resident in writing its legal name and business address, and the name and business address of the administrator of the facility, at the time of admission of a resident. Information required to be disclosed by this section shall be kept current. [1979 c.261 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.624 - Purpose.

(1) ORS 124.050, 124.080, 410.190, 441.020 to 441.055, 441.060, 441.061, 441.067, 441.073, 441.087, 441.277 to 441.289, 441.303, 441.316, 441.318, 441.331 to 441.341, 441.367, 441.600, 441.610, 441.630, 441.650 to 441.665, 441.685, 441.690, 441.703 and 441.705 to 441.720 address the consolidation of the regulatory functions of licensing, certification, inspection of care, utilization review, abuse reporting and abuse investigation.
(2) It is legislative intent that:
(a) The Department of Human Services focus administrative effort on the integration and consistent application and interpretation of the regulatory functions at the nursing facility level;
(b) Surveys and other reports, especially with respect to client assessment, be consistently and reliably performed throughout the state;
(c) Positive and negative findings and sanctions be proportional to the strengths and problems identified, within the limits of federal statute and regulations; and
(d) The interpretation of regulatory criteria be independent of influence from budgetary limitations. [1987 c.428 §1a; 2001 c.900 §229; 2009 c.539 §12; 2009 c.792 §39]
Note:
441.624 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 441.625 - Retaliation against resident exercising rights prohibited.

No facility, or any person subject to the supervision, direction or control of a facility, shall retaliate against a resident by increasing charges, decreasing services, rights or privileges, or threatening to increase charges or decrease services, rights or privileges, by taking or threatening any action to coerce or compel the resident to leave the facility, or by abusing or threatening to harass or to abuse a resident in any manner, after the resident or the resident’s legal representative has engaged in exercising rights given under ORS 441.605 or under rules of the Department of Human Services under ORS 441.610. [1979 c.261 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.630 - Definitions for ORS 441.630 to 441.680.

As used in ORS 441.630 to 441.680:
(1) "Abuse" means:
(a) Any physical injury to a resident of a long term care facility which has been caused by other than accidental means.
(b) Failure to provide basic care or services, which failure results in physical harm or unreasonable discomfort or serious loss of human dignity.
(c) Sexual contact with a resident caused by an employee, agent or other resident of a long term care facility by force, threat, duress or coercion.
(d) Illegal or improper use of a resident’s resources for the personal profit or gain of another person.
(e) Verbal or mental abuse as prohibited by federal law.
(f) Corporal punishment.
(g) Involuntary seclusion for convenience or discipline.
(2) "Abuse complaint" means any oral or written communication to the department, one of its agents or a law enforcement agency alleging abuse.
(3) "Department" means the Department of Human Services or a designee of the department.
(4) "Facility" means a long term care facility, as defined in ORS 442.015.
(5) "Law enforcement agency" means:
(a) Any city or municipal police department.
(b) A police department established by a university under ORS 352.121 or 353.125.
(c) Any county sheriff’s office.
(d) The Oregon State Police.
(e) Any district attorney.
(6) "Public or private official" means:
(a) Physician, including any intern or resident.
(b) Licensed practical nurse or registered nurse.
(c) Employee of the Department of Human Services, a community developmental disabilities program or a long term care facility or person who contracts to provide services to a long term care facility.
(d) Employee of the Oregon Health Authority, local health department or community mental health program.
(e) Peace officer.
(f) Member of the clergy.
(g) Regulated social worker.
(h) Physical, speech and occupational therapists.
(i) Legal counsel for a resident or guardian or family member of the resident.
(j) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state.
(k) Personal support worker, as defined in ORS 410.600.
(L) Home care worker, as defined in ORS 410.600. [1979 c.770 §1; 1981 c.470 §7; 1981 c.784 §22; 1987 c.428 §26; 1989 c.721 §53; 1993 c.759 §1; 2001 c.104 §180; 2009 c.442 §41; 2009 c.595 §737; 2011 c.506 §42; 2013 c.180 §46; 2015 c.179 §4; 2015 c.736 §88; 2017 c.679 §41; 2018 c.75 §23; 2021 c.251 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.635 - Legislative finding.

The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of residents and assuring the dignity and care to which residents are entitled, it is necessary and in the public interest to require mandatory reports and investigations of allegedly abused residents. [1979 c.770 §2; 1993 c.759 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.637 - Rules; submission of rules to advisory group.

(1) The Department of Human Services shall implement the provisions of ORS 441.630 to 441.680 and shall adopt such rules as are reasonably necessary for the enforcement of ORS 441.630 to 441.680.
(2) Prior to proceeding with the procedures for notice prescribed under ORS 183.335, the department shall submit any proposed rules to an advisory group consisting of representatives of long term care providers, long term care advocates, relevant licensing boards and the department. The department shall consider and respond to the comments of the advisory group that pertain to any proposed rules before the department adopts the rules. [1993 c.759 §10(1),(2); 2017 c.679 §42]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.640 - Report of suspected abuse of resident required.

(1) Any public or private official having reasonable cause to believe that any resident in a long term care facility with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a resident in a long term care facility, shall report or cause a report to be made in the manner required in ORS 441.645.
(2) A Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d). [1979 c.770 §3; 1993 c.759 §3; 2017 c.346 §1; 2019 c.117 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.645 - Oral report to area agency on aging, department or law enforcement agency.

(1) An oral report shall be made immediately by telephone or otherwise to the local office of the area agency on aging or of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the resident and any persons responsible for the care of the resident, the nature and the extent of the abuse, including any evidence of previous abuse, the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.
(2) When a report is received by the area agency or department, the area agency or the department may notify the law enforcement agency having jurisdiction within the county where the report was made. When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not and the local office of the area agency or the department in the county where the report was made. [1979 c.770 §4; 1985 c.651 §4; 1993 c.759 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.655 - Immunity for reporter of abuse.

(1) Anyone participating in good faith in the making of a report pursuant to ORS 441.630 to 441.650 and who has reasonable grounds for the making thereof, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report.
(2) Anyone who makes a report pursuant to ORS 441.630 to 441.650 shall not be subjected to any retaliation by any official or employee of a long term care facility for making a report, including but not limited to restriction of otherwise lawful access to the facility or to any resident thereof, or, if an employee, to dismissal or harassment. [1979 c.770 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.659 - Disclosure of protected health information to law enforcement.

(1) Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 441.650, and without the consent of the named resident or of the named resident’s caretaker, fiduciary or other legal representative, a health care provider must:
(a) Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health information of the named resident; and
(b) Upon request of the law enforcement agency, consult with the agency about the protected health information.
(2) A health care provider who in good faith discloses protected health information under this section is not civilly or criminally liable under state law for the disclosure.
(3) For purposes of this section:
(a) "Health care provider" has the meaning given that term in ORS 192.556.
(b) "Protected health information" has the meaning given that term in ORS 192.556. [2012 c.70 §8]
Note:
441.659 was added to and made a part of 441.630 to 441.680 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 441.660 - Photographing resident; photograph as record.

(1) In carrying out its duties under ORS 441.650, the law enforcement agency, the Department of Human Services or the area agency on aging may photograph or cause to have photographed any resident subject of the investigation for purposes of preserving evidence of the condition of the resident at the time of the investigation.
(2) Notwithstanding the provisions of ORS 192.311 to 192.478, photographs taken under authority of subsection (1) of this section shall not be considered records. [1979 c.770 §7; 1981 c.470 §6; 1987 c.428 §30; 1993 c.759 §8; 2005 c.268 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.665 - Record of reports; classification of investigation report.

(1) A proper record of reports under ORS 441.640, 441.645 and 441.676 on residents in long term care facilities shall be maintained by the Department of Human Services. Each problem or incident alleged in a report shall be determined to be abuse, other licensing violation or no violation. Each incident of abuse or other licensing violation alleged in a report shall be classified as substantiated, unsubstantiated or unable to substantiate or recorded as under appeal by the facility.
(2) All reports shall be cataloged under the name of the long term care facility associated with the complaint. [1979 c.770 §8; 1987 c.428 §31; 1993 c.759 §9]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.671 - Confidentiality of reports; when available.

(1) Notwithstanding the provisions of ORS 192.311 to 192.478, the names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection.
(2) Notwithstanding subsection (1) of this section, the Department of Human Services or the department’s designee may, if appropriate, make the names of witnesses and residents, and the reports and records compiled under ORS 441.630 to 441.680, available to:
(a) A law enforcement agency;
(b) A public agency that licenses or certifies long term care facilities;
(c) A public agency that licenses or certifies the persons practicing the healing arts in long term care facilities;
(d) The Long Term Care Ombudsman;
(e) A public agency that licenses or certifies a person that has abused or is alleged to have abused a resident;
(f) A court pursuant to a court order or as provided in ORS 125.012; and
(g) An administrative law judge in an administrative proceeding when necessary to provide protective services as defined in ORS 410.040 to a resident, when in the best interests of the resident or when necessary to investigate, prevent or treat abuse of a resident.
(3) Information made available under subsection (2) of this section, and the recipient of the information, are otherwise subject to the confidentiality provisions of ORS 441.630 to 441.680. [1981 c.470 §2 (enacted in lieu of 441.670); 1993 c.759 §11; 2012 c.70 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.674 - Specified evidentiary privileges inapplicable.

(1) In the case of abuse of a resident in a long term care facility, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding a resident’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 441.630 to 441.680.
(2) In any judicial proceedings resulting from a report made pursuant to ORS 441.630 to 441.680, either spouse shall be a competent and compellable witness against the other.
(3) As used in this section, "abuse" and "facility" have the meanings given those terms in ORS 441.630. [2021 c.323 §3]
Note:
441.674 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 441.675 - General evidentiary privileges inapplicable.

In the case of abuse of a resident in a long term care facility, the privileges extended under ORS 40.225 to 40.295 shall not be a ground for excluding evidence regarding the abuse of a resident, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 441.640. [1979 c.770 §10; 1983 c.740 §158; 1993 c.759 §12]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.676 - Investigation of licensing violations; powers of investigator.

(1) For complaints of licensing violations other than abuse, the Department of Human Services shall cause an investigation to be completed within 90 days of the receipt of the complaint.
(2) Except in cases where the investigation is part of nursing facility surveyor activity pursuant to federal law, an investigator investigating a complaint other than a complaint of abuse shall:
(a) Make an unannounced visit to the facility, while complying with ORS 441.690;
(b) Interview all available witnesses identified by any source as having personal knowledge relevant to the complaint, such interviews to be private unless the witness expressly requests the interview not to be private;
(c) Make personal inspection of all physical circumstances that are relevant and material and that are susceptible to objective observation; and
(d) Write an investigation report that includes:
(A) The investigator’s personal observations;
(B) A review of documents and records;
(C) A summary of all witness statements; and
(D) A statement of the factual basis for the findings for each incident or problem alleged in the complaint. [1993 c.759 §6]
Note:
See note under 441.637.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.678 - Review of finding that nursing assistant responsible for abuse; name placed in registry.

(1) If a nursing assistant found by the Department of Human Services to be responsible for abuse does not respond to the department within 30 days after notice of the opportunity for a contested case hearing, the department shall place the abuse finding in the registry maintained under this section.
(2) If a nursing assistant is found to be responsible for abuse, the nursing assistant is entitled to a contested case hearing under ORS chapter 183. Upon a finding of abuse in a final order, the department shall place the finding in the registry maintained under this section.
(3) The department shall maintain a nursing assistant registry that contains, at a minimum, the information required by 42 C.F.R. 483.156. [1993 c.759 §16; 2001 c.900 §174; 2009 c.72 §2]
Note:
See note under 441.637.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.679 - Preemployment inquiries; when employment prohibited.

(1) Before employing a registered nurse, licensed practical nurse or nursing assistant, a long term care facility shall contact the Oregon State Board of Nursing and inquire whether the person is currently licensed or certified by the board and whether there has been any disciplinary action against the person or substantiated abuse findings against a nursing assistant.
(2) A facility shall not employ or retain in employment any person found by a court of law to have abused, neglected or mistreated a person receiving long term care services, nor shall a facility employ or retain in employment any nursing assistant against whom a finding of resident abuse has been entered into the registry maintained under ORS 441.678. [1993 c.759 §15; 2009 c.72 §3]
Note:
See note under 441.637.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.680 - Spiritual healing alone not considered abuse of resident.

A resident who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, not be considered an abused resident within the meaning of ORS 441.630 to 441.680. [1979 c.770 §11; 1993 c.759 §13; 2017 c.679 §43]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.685 - Monitors; designation; duties; peer review of facilities.

(1) Upon receipt of a report under ORS 441.645 to 441.680 or upon receipt of a complaint by a resident or legal guardian of a resident, or other public or private official, as defined in ORS 441.630 by the Department of Human Services, the Director of Human Services may designate monitors who shall observe the activities of the facility and report to the director. The monitors may be designated without prior notice to the operator or owner of the facility. The monitors shall observe the operations of the facility for a period of not to exceed 10 days, assist the facility by advising it on how to comply with state requirements and shall submit a written report periodically to the director on the operation and condition of the facility.
(2) The monitors shall have access to the facilities to the extent necessary to carry out their duties. The monitors shall also have access to all records pertaining to the operation of the facility.
(3) Upon completion of their investigations, the monitors shall file a final report with the director and may:
(a) Find that problems in the facility have been resolved and recommend that further action by the department is unnecessary;
(b) Find that the problems in the facility are continuing but the facility owner, operator or other controlling person can resolve them within a period of not more than three months, and that during the three-month period the health and welfare of the residents of the facility are not jeopardized thereby; or
(c) Find that the problems of the facility have not been resolved and the department should take steps to obtain compliance with resident care standards and continue monitoring for an additional period.
(4) Associations representing long term care facilities may initiate a peer review process for any facility that is a member of the association and that is the subject of any complaint filed against it under ORS 441.630 to 441.685, 678.155 and 678.445 or any other provision of law. The report of the peer review process shall be submitted to the department. The peer review described in this subsection is in addition to and not in lieu of any other investigation, observation or report of the monitors otherwise required or authorized by ORS 441.630 to 441.685, 678.155 and 678.445. The association and persons conducting the peer review process acting in good faith shall not be subject to an action for civil damages as a result thereof.
(5) As used in this section:
(a) "Department" means the Department of Human Services.
(b) "Director" means the Director of Human Services.
(c) "Facility" means a long term care facility as defined in ORS 442.015.
(d) "Monitor" means an agent of the director designated by the director to observe the operation of a facility. [1979 c.770 §§12,13; 1987 c.428 §32; 1993 c.759 §14; 2001 c.900 §175]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.690 - Complainant may accompany investigator.

Upon the request of any person filing a complaint to be investigated by the Department of Human Services against a long term care facility, as defined in ORS 442.015, or against a residential care facility, as defined in ORS 443.400, the complainant or a designee thereof, or both, shall be allowed to accompany an investigator to the site of the alleged violation. [1981 c.241 §1; 1987 c.428 §33; 1987 c.548 §6; 2001 c.900 §176]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.695 - Conduct of investigation.

In investigating all complaints under ORS 441.690, the investigator shall:
(1) Interview all available witnesses identified by any sources as having personal knowledge relevant to the complaint;
(2) Make personal inspection of all physical circumstances that are relevant and material to the complaint and which are susceptible of objective observation;
(3) Not decline to interview a witness or consider the testimony of the witness solely because the witness is neither a health care professional nor an employee of the facility; and
(4) Write a report which includes:
(a) The investigator’s personal observations;
(b) A review of documents and records;
(c) A summary of all witness statements; and
(d) A statement of the basis for the finding. [1981 c.241 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.697 - Prescribed drug supply for unscheduled therapeutic leave from long term care facility; dispensing of drugs by registered nurse.

(1) When a resident of a long term care facility has the opportunity for an unscheduled therapeutic leave that would be precluded by the lack of an available pharmacist to dispense drugs prescribed by a licensed practitioner, a registered nurse designated by the facility who agrees to such designation may provide the resident or a responsible person with up to a 72-hour supply of a prescribed drug or drugs for use during that leave from the resident’s previously dispensed package of such drugs.
(2) The drugs shall only be provided in accordance with protocols developed by the pharmaceutical services committee of the long term facility and the protocol shall be available for inspection. These protocols shall include the following:
(a) Criteria as to what constitutes an unscheduled therapeutic leave requiring the provision of drugs by the registered nurse or consultant or staff pharmacist;
(b) Procedures for repackaging and labeling the limited supply of previously dispensed drugs by the designated registered nurse that comply with all state and federal laws concerning the packaging and labeling of drugs;
(c) Provision to assure that none of the medication provided to the resident or responsible person may be returned to the resident’s previously dispensed package of such drug or to the facility’s stock; and
(d) A record-keeping mechanism that provides for the maintenance of a permanent log that includes the following information:
(A) The name of the person to whom the drug was provided;
(B) The drug and quantity provided;
(C) The date and time that the request for the drug was made;
(D) The date and time that the drug was provided;
(E) The name of the registered nurse who provided the drug; and
(F) The conditions or circumstances that precluded a pharmacist from providing the drug. [1987 c.205 §1]
Note:
441.697 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 441.698 - Provision of opioid reversal medication and supplies upon discharge or transfer of resident who received addiction treatment.

(1) Notwithstanding ORS 689.800, upon the discharge or transfer of a resident, a long term care facility shall provide to the resident at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if:
(a) The resident received addiction treatment at the long term care facility for a current opioid use disorder; and
(b) The resident is being discharged or transferred to an unlicensed private residence or other unlicensed setting.
(2)(a) Except as provided in paragraph (b) of this subsection, a person that is acting in good faith, if the act does not constitute wanton misconduct, is immune from civil liability for any act or omission of an act committed during the course of providing to a resident opioid overdose reversal medications, and the necessary medical supplies to administer the medications, under subsection (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 resident leaves the long term care facility against the long term care facility’s advice. [2023 c.297 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.700 - Access to facilities by persons providing services.

(1) Long term care facilities, as defined in ORS 442.015, and residential care facilities, as defined in ORS 443.400, subject to ORS 441.605 (11), shall permit individuals and representatives of community service organizations, including community legal services programs, whose purpose is rendering service without charge to residents, to have full and free access to the facility during reasonable visiting hours to:
(a) Visit, talk with and make personal, social and legal services available to all residents.
(b) Inform residents of their rights and entitlements, and their corresponding obligations, under federal and state laws by means of distribution of educational materials and discussion in groups and with individual residents.
(c) Assist residents in asserting their rights regarding claims for public assistance, medical assistance and Social Security benefits and other rights. Assistance may be provided individually, as well as on a group basis.
(d) Engage in all other methods of assisting, advising and representing residents so as to extend to them the full enjoyment of their rights.
(2) A resident retains the right to refuse contact by any individual or group having access to the facility under this section.
(3) As used in this section, "full and free access" means access to the fullest extent possible without undue adverse interference on the operation of the facility. [1981 c.99 §1; 1987 c.548 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.703 - Complaint file; summary; availability on request.

(1) Except as provided in subsection (2) of this section, the Department of Human Services shall maintain a listing of all long term care facilities, as defined in ORS 442.015, by name and address and for each indicating:
(a) The complaint file number.
(b) The category of the complaint, whether staffing, food, patient care or other.
(c) A brief description of the complaint.
(d) The department’s finding.
(e) Action taken by the department.
(f) Fines assessed, if any.
(g) Fines paid, if any.
(2) The department shall maintain a separate listing of all complaints it considers unsupported by findings indicating the information required by subsection (1)(a) to (d) of this section.
(3) The information described in subsections (1) and (2) of this section shall be noted in summary form on annual cover sheets for the file on a particular facility. The cover sheets shall not contain any of the information made confidential under ORS 441.671. Copies of the cover sheets shall be made available to the public at cost on request. Upon such request, the department shall provide only copies of the cover sheets described in subsection (1) of this section unless the information described in subsection (2) of this section is specifically requested.
(4) The listing maintained pursuant to subsection (1) of this section shall contain the following notice:
______________________________________________________________________________
NOTICE: This cover sheet does not contain information on complaints that the Department of Human Services considers unsupported by findings or on complaints still under investigation by the department. The department will make information regarding such complaints available upon request.
______________________________________________________________________________
(5) The department shall provide a written explanation summarizing the complaint system with each copy of a cover sheet provided under subsection (3) of this section. [1981 c.721 §1; 1987 c.428 §34]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.705 - Definitions for ORS 441.705 to 441.745.

As used in ORS 441.705 to 441.745:
(1) "Direct patient care or feeding" means any care provided directly to or for any patient related to that patient’s physical, medical and dietary well-being as defined by rules of:
(a) The Department of Human Services when the facility is a long term care facility, as defined in ORS 442.015, or a residential care facility, residential training facility or residential training home; and
(b) The Oregon Health Authority if the facility is a residential treatment facility or a residential treatment home.
(2) "Person" means a licensee of a long term care facility, a residential care facility, a residential training facility, a residential treatment facility, a residential training home or a residential treatment home, or an unlicensed person who the Director of Human Services finds should be licensed to operate a long term care facility, a residential care facility, a residential training facility or a residential training home, or an unlicensed person who the Director of the Oregon Health Authority finds should be licensed to operate a residential treatment facility or residential treatment home. "Person" does not mean an employee of a licensee or unlicensed person who the Director of Human Services or the Director of the Oregon Health Authority finds should be licensed.
(3) "Residential care facility," "residential training facility," "residential training home," "residential treatment facility" and "residential treatment home" have the meanings given those terms in ORS 443.400.
(4) "Staff to patient ratio" means the number and training of persons providing direct patient care as defined in rules of the:
(a) Department if the facility is a long term care facility, a residential care or residential training facility or a residential training home; or
(b) Authority if the facility is a residential treatment facility or a residential treatment home. [1975 c.328 §9; 1977 c.261 §7; 1987 c.428 §35; 2001 c.900 §177; 2003 c.14 §256; 2009 c.595 §738; 2021 c.392 §6]
Note:
441.705 to 441.745 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 441.710 - Civil penalties; when imposed.

(1)(a) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person pursuant to ORS 441.731 for any of the following:
(A) Violation of any of the terms or conditions of a license issued under ORS 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.342, 442.344 and 442.400 to 442.463 for a long term care facility, as defined in ORS 442.015.
(B) Violation of ORS 441.630 to 441.680.
(C) Violation of any rule or general order of the Department of Human Services that pertains to a long term care facility.
(D) Violation of any final order of the director that pertains specifically to the long term care facility owned or operated by the person incurring the penalty.
(E) Violation of ORS 441.605 or of rules required to be adopted under ORS 441.610.
(F) Violation of ORS 443.880 or 443.881 if the facility is a residential care facility.
(b) In addition to any other liability or penalty provided by law, the director may impose a civil penalty on a residential training facility or residential training home for violation of ORS 443.880 or 443.881. The director shall prescribe a reasonable time for elimination of a violation by a residential training facility or residential training home:
(A) Not to exceed 30 days after first notice of a violation; or
(B) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director.
(2) In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty on a person for a violation of ORS 443.880 or 443.881 if the facility is a residential treatment facility or a residential treatment home.
(3) The Director of Human Services may not impose a penalty under subsection (1) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 441.605 or 443.880 or 443.881 or of the rules required to be adopted by ORS 441.610 unless a violation is found on two consecutive surveys of a long term care facility.
(4) The Director of the Oregon Health Authority may not impose a penalty under subsection (2) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 443.880 or 443.881. The director in every case shall prescribe a reasonable time for elimination of a violation:
(a) Not to exceed 30 days after first notice of a violation; or
(b) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director. [1975 c.328 §1; 1977 c.261 §8; 1979 c.261 §8; 1983 c.740 §159; 1987 c.428 §36; 1991 c.413 §4; 2009 c.595 §739; 2011 c.9 §61; 2017 c.679 §7]
Note:
See note under 441.705.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.712 - Notice of civil penalty.

(1) Any civil penalty under ORS 441.710 shall be imposed in the manner provided by 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:
(a) The Director of Human Services if the facility is a long term care facility, residential care facility, residential training facility or residential training home; or
(b) The Director of the Oregon Health Authority if the facility is a residential treatment facility or residential treatment home. [1977 c.261 §6; 1987 c.428 §37; 1991 c.734 §23; 2003 c.14 §257; 2009 c.595 §740]
Note:
See note under 441.705.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.715 - Criteria for civil penalties; rules.

(1) The Director of Human Services shall impose civil penalties under ORS 441.710 (1) on a residential care facility or a long term care facility pursuant to ORS 441.731.
(2) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (1) on residential training facilities and residential training homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law.
(3) The Director of the Oregon Health Authority by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (2) on residential treatment facilities or residential treatment homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law.
(4) Notwithstanding the limitations on the civil penalty in subsections (2) and (3) of this section, for any violation by a residential training facility, residential training home, residential treatment facility or residential treatment home involving direct resident care or feeding, an adequate staff to resident ratio or sanitation involving direct resident care, a penalty may be imposed for each day the violation occurs in an amount not to exceed $500 per day or as otherwise required by federal law. [1975 c.328 §2; 1977 c.261 §9; 1979 c.261 §9; 1987 c.428 §38; 1993 c.759 §17; 2009 c.595 §741; 2009 c.828 §85; 2014 c.104 §10; 2017 c.679 §8]
Note:
See note under 441.705.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.720 - Remittance or reduction of penalties.

A civil penalty imposed under ORS 441.710 may be remitted or reduced upon such terms and conditions as the Director of the Oregon Health Authority or the Director of Human Services considers proper and consistent with the public health and safety. [1975 c.328 §3; 1987 c.428 §39; 2009 c.595 §742]
Note:
See note under 441.705.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.726 - Progressive enforcement process.

(1) In regulating residential care facilities and long term care facilities, the Department of Human Services shall prioritize the health, welfare, safety and rights of residents.
(2) The department may, as appropriate, use a progressive enforcement process that employs a series of actions to encourage and compel compliance with licensing regulations through the application of preventive, positive and progressively more restrictive strategies. Preventive and positive strategies are strategies that include but are not limited to technical assistance, corrective action plans, training and consultation.
(3) This section does not restrict the ability of the department to use more restrictive strategies when necessary to achieve substantial compliance or to protect the health, welfare, safety and rights of residents, including by imposing license conditions under ORS 441.736 or, for residential care facilities, taking additional steps dictated by the framework established under ORS 443.436. [2017 c.679 §3; 2021 c.392 §3]
Note:
See note under 441.705.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.740 - Judicial review.

Judicial review of civil penalties imposed under ORS 441.710, shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1975 c.328 §7]
Note:
See note under 441.705.