reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0030 - Required Postings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PUBLIC NOTICES:
(a) Content. Public notices required to be
			 posted include:
(A) The most recent licensing
			 and, if applicable, certification survey reports;
(B) The placard provided by the Department
			 that includes information on reporting of abuse and summarizes the nursing
			 facility rules. In addition to the location specified in subsection (1)(b) of
			 this rule, this placard must also be prominently and conspicuously posted in
			 close proximity to each nursing station and in any area where residents are
			 admitted;
(C) The current week's
			 menu and activities schedule;
(D)
			 The facility license and the administrator's license. (It is recommended the
			 titles and names of the administrator, the DNS, the Social Services Director,
			 the Activities Director, the Dietary Services Supervisor and the RN Care
			 Manager(s) are also posted);
(E)
			 Waivers received from the Department pursuant to OAR
			 411-085-0040 and
			 411-087-0030, and waivers of any
			 federal regulations; and
(F) Any
			 other notice relevant to residents or visitors required by state or federal
			 law.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0040 - Alternative Methods, Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 APPLICATION. While all nursing facilities are required to maintain compliance
			 with the Department's rules, these requirements do not prohibit the use of
			 alternative concepts, methods, procedures, techniques, equipment, facilities,
			 personnel qualifications, or the conducting of pilot projects or research.
			 Requests for waivers to the rules must:
(a)
			 Be submitted to the Department in writing;
(b) Identify the specific rule for which a
			 waiver is requested;
(c) Describe
			 the special circumstances relied upon to justify the waiver;
(d) Describe what alternatives were
			 considered, if any, and why alternatives (including compliance) were not
			 selected;
(e) Demonstrate the
			 proposed waiver is desirable to maintain or improve the quality of care for the
			 residents, maintains or improves resident potential for self-direction and
			 self-care, and is not going to jeopardize resident health and safety; and
(f) Identify the proposed duration
			 of the waiver.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0050 - Hospital-Based Nursing Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Facilities that are physically connected to and operated by a
				licensed general hospital will be considered to be in compliance with the
				following Oregon nursing facility requirements:
(1) Requirements for policies, procedures and
			 quality assurance programs if such policies, procedures and programs exist for
			 both hospital and nursing facility.
(2) Requirements for full-time staff
			 positions, departments and committees if the hospital has similar
			 positions/departments/committees that address needs in the nursing
			 facility.
(3) Requirements for a
			 drug room or pharmacy if the hospital has a pharmacy or drug room available to
			 the nursing facility 24 hours per day.
(4) Rules requiring specific training for the
			 DNS and the RN Care Manager until January 1, 1990.
(5) Requirements that the administrator be
			 full-time in the nursing facility if the nursing facility has 40 or fewer
			 licensed beds. The administrator, however, must work full-time, based on time
			 spent on both the hospital and nursing facility responsibilities, and must be
			 available to nursing facility staff on a full-time basis.
Stat. Auth.: ORS
				  410.070 &
				  441.055
Stats. Implemented: ORS
				  441.055 &
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0060 - Specialty Nursing Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 APPLICATION. Facilities that have successfully obtained from the Oregon Health
			 Authority a certificate of need for "specialty long-term care beds" pursuant to
			 OAR 333-610 must make application to the Department for licensure as a
			 "Specialty Nursing Facility" in accordance with OAR
			 411-085-0010.
(2) ISSUANCE OF LICENSE. Licenses shall only
			 be issued to a Specialty Nursing Facility after written notification from the
			 Oregon Health Authority that the facility is eligible for such licensure. The
			 license issued shall state "Specialty Nursing Facility" and shall identify the
			 type of residents and specialized services the facility is authorized to admit
			 and retain.
(3) COMPLIANCE WITH
			 RULES. Specialty Nursing Facilities are required to meet all Oregon
			 Administrative Rules that apply to Nursing Facilities.
(4) ADMISSIONS. Facilities and distinct parts
			 of facilities licensed as Specialty Nursing Facilities must only admit and
			 provide services for residents consistent with the Certificate of Need issued
			 by the Oregon Health Authority.
Stat. Auth.: ORS
				  410.070 &
				  441.055
Stats. Implemented: ORS
				  441.055 &
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0200 - Licensee, Employees, Consultants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) LICENSEE. The licensee will be
			 responsible for the operation of the facility and the quality of care rendered
			 in the facility.
(2) EMPLOYEES.
(a) Licensure, Registration, Certification
			 Required. All health care personnel working in the facility must be licensed,
			 registered, or certified as required. Documentation thereof is required for all
			 such employees.
(b) Reference
			 Check. The licensee must check and document references for all prospective
			 employees prior to employment.
(c)
			 Job Description. All employees' duties must be defined in writing and
			 maintained in the facility. All employees must be instructed in and perform the
			 duties assigned.
(d) Nursing
			 Personnel. Before employing a registered nurse, licensed practical nurse or
			 nursing assistant, the licensee must contact the Oregon State Board of Nursing
			 and inquire whether the person is licensed or certified by the Board and
			 whether there has been any disciplinary action by the Board against the person
			 or any substantiated abuse findings against a nursing assistant.
(e) The licensee must assure a criminal
			 history check is completed on all employees, in accordance with OAR chapter
			 407, division 007, (Criminal History Checks). A licensee must not employ any
			 individual who is determined to be ineligible to provide services as outlined
			 in OAR chapter 407, division 007.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0210 - Facility Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Quality
			 Assessment and Assurance Committee must develop and adopt facility policies.
			 The policies must be followed by the facility staff and evaluated annually by
			 the Quality Assessment and Assurance Committee and rewritten as needed.
			 Policies must be adopted regarding:
(a)
			 Admission, fees, and services;
(b)
			 Transfer and discharge, including discharge planning;
(c) Physician services;
(d) Nursing services;
(e) Dietary services;
(f) Rehabilitative services and restorative
			 services;
(g) Pharmaceutical
			 services, including self administration;
(h) Care of residents in an
			 emergency;
(i) The referral of
			 residents who may be victims of acute sexual assault to the nearest trained
			 sexual assault examiner. The policy must include information regarding the
			 collection of medical and forensic evidence that must be obtained within 86
			 hours of the incident;
(j)
			 Activities;
(k) Social
			 services;
(l) Clinical
			 records;
(m) Infection
			 control;
(n) Diagnostic
			 services;
(o) Oral care and dental
			 services;
(p) Accident prevention
			 and reporting of incidents;
(q)
			 Housekeeping services and preventive maintenance;
(r) Employee orientation and
			 in-service;
(s) Laundry
			 services;
(t) Possession of
			 firearms and ammunition;
(u)
			 Consultant services;
(v) Resident
			 grievances;
(w) LGBTQIA2S+
			 Protections policy that includes adding the following statement in its written
			 materials, and in all places and on all materials where that policy or other
			 written materials are posted:
"(Name of care facility) does not discriminate and does not
				permit discrimination, including but not limited to bullying, abuse or
				harassment, based on an individual's actual or perceived sexual orientation,
				gender identity, gender expression or human immunodeficiency virus status, or
				based on an individual's association with another individual on account of the
				other individual's actual or perceived sexual orientation, gender identity,
				gender expression or human immunodeficiency virus status. If you believe you
				have experienced this kind of discrimination, you may file a complaint with the
				Oregon Department of Human Services at (provide current contact information).";
				and
(x) Facility closure.
			 The policy must identify an administrator's responsibility to assure compliance
			 with OAR 411-085-0025, OAR
			 411-088-0020(1)(f),
			 and OAR 411-088-0070(1)(g), (3)(d), and
			 (4).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0210 - Facility Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Quality
			 Assessment and Assurance Committee must develop and adopt facility policies.
			 The policies must be followed by the facility staff and evaluated annually by
			 the Quality Assessment and Assurance Committee and rewritten as needed.
			 Policies must be adopted regarding:
(a)
			 Admission, fees, and services;
(b)
			 Transfer and discharge, including discharge planning;
(c) Physician services;
(d) Nursing services;
(e) Dietary services;
(f) Rehabilitative services and restorative
			 services;
(g) Pharmaceutical
			 services, including self administration;
(h) Care of residents in an emergency;
(i) The referral of residents who
			 may be victims of acute sexual assault to the nearest trained sexual assault
			 examiner. The policy must include information regarding the collection of
			 medical and forensic evidence that must be obtained within 86 hours of the
			 incident;
(j) Activities;
(k) Social services;
(l) Clinical records;
(m) Infection control;
(n) Diagnostic services;
(o) Oral care and dental services;
(p) Accident prevention and reporting of
			 incidents;
(q) Housekeeping
			 services and preventive maintenance;
(r) Employee orientation and in-service;
(s) Laundry services;
(t) Possession of firearms and ammunition;
(u) Consultant services;
(v) Resident grievances; and
(w) Facility closure. The policy
			 must identify an administrator's responsibility to assure compliance with OAR
			 411-085-0025,
			 411-088-0020(1)(f),
			 and 411-088-0070(1)(g), (3)(d), and
			 (4).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0220 - Quality Assurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) QUALITY
			 ASSESSMENT AND ASSURANCE COMMITTEE. Each facility must have a Quality
			 Assessment and Assurance Committee. The committee must include the
			 administrator, medical director, Director of Nursing Services (DNS), consulting
			 pharmacist and at least one other facility staff person. The committee must:
(a) Ensure a quality assurance program is
			 conducted as required in this rule;
(b) Adopt facility policies as identified in
			 OAR 411-085-0210;
(c) Ensure a pharmaceutical services review
			 is completed as required by OAR
			 411-086-0260(2);
(d) Ensure that an infection control program
			 as identified in OAR 411-086-0330 is conducted;
			 and
(e) Meet no less often than
			 quarterly.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0300 - Civil Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility
			 must not make any distinction, discrimination or restriction based on a
			 resident's, potential resident's or visitor's sex, marital status, race, color,
			 national origin or disability.
(2)
			 The facility must make reasonable accommodations in order to provide services
			 needed by applicants who are disabled.
Stat. Auth.: ORS
				  410.070 &
				  441.055
Stats. Implemented: ORS
				  441.055 &
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0320 - Residents' Rights: Charges and Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ADMISSION. The facility must provide
			 written and oral notice before or at the time of admission to each resident
			 specifying:
(a) The base daily rate, or
			 Medicaid rate and, as soon as known, amount of resident liability, as
			 applicable; services provided for that rate, and other charges that might
			 reasonably be expected, including but not limited to medical supplies,
			 pharmaceuticals, incontinence care, feeding, bedhold daily rate, and
			 laundry;
(b) Whether the facility
			 accepts Medicaid reimbursement:
(A) If the
			 facility accepts Medicaid reimbursement, the notice must include a description
			 of the Medicaid eligibility requirements and who to contact to apply for
			 Medicaid assistance;
(B) If the
			 facility does not accept Medicaid, the notice must include the facility's
			 policy regarding residents who exhaust their private resources and become
			 eligible for Medicaid;
(C) Nothing
			 in this section will be construed to permit discrimination based on payment
			 source; and
(c)
			 Alternative forms of transportation available to the resident for routine and
			 emergency transportation, including information on possible cost and how to
			 access such service(s).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0330 - Residents' Rights: Visitor Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEFINITION. As used in this rule, "full
			 and free access" means access to the fullest extent possible without undue
			 adverse interference on the operation of the facility.
(2) FULL ACCESS. The facility must permit
			 individuals and groups full and free access 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, advise and represent residents in obtaining public assistance, medical
			 assistance, social security benefits and in asserting resident rights.
			 Assistance may be provided to residents individually or in groups.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0340 - Residents' Rights: Pharmaceutical Services, Charges for Drugs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CHOICE OF
			 SUPPLIERS:
(a) The resident must have a
			 choice from among prescription/nonprescription drug delivery systems so long as
			 the system selected:
(A) Provides for timely
			 delivery of drugs;
(B) Provides
			 adequate protection to prevent tampering with drugs;
(C) Provides that drugs are delivered in a
			 unit of use compatible with the established system of the facility for
			 dispensing drugs, whether that system is provided by a facility pharmacy or by
			 a contract with a pharmacy; and
(D)
			 Provides a 24-hour emergency service procedure either directly or by contract
			 with another pharmacy.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0360 - Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ABUSE IS
			 PROHIBITED. The facility employees, agents, and licensee must not permit, aid,
			 or engage in abuse of residents under their care.
(2) REPORTERS AND MANDATORY REPORTERS. All
			 persons are encouraged to report abuse and suspected abuse. The following
			 persons are required to immediately report abuse and suspected abuse to The
			 Department or law enforcement agency:
(a)
			 Physicians, including any resident physician or intern;
(b) Licensed practical or registered
			 nurses;
(c) Employees of the
			 Department, Area Agency on Aging, county health department, or community mental
			 health program;
(d) Nursing
			 facility employees or any individual who contracts to provide services in a
			 nursing facility;
(e) Peace
			 officers;
(f) Clergy;
(g) Licensed social workers;
(h) Physical, speech, or occupational
			 therapists; and
(i) Family members
			 of a resident, guardians, or legal counsel for a resident.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0370 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to facility licensees, employees, and agents,
				to Department staff, and the staff of all Area Agencies on Aging.
(1) RESIDENTS. The names of residents and all
			 documentation that may allow the identification of a resident must be kept
			 confidential and are not accessible for public inspection.
(2) COMPLAINANTS, WITNESSES. The names and
			 identity of complainants and witnesses referred to in Department complaint
			 investigations must be kept confidential and are not accessible for public
			 inspection.
Stat. Auth.: ORS
				  410.070 &
				  441.055
Stats. Implemented: ORS
				  441.637 &
				  441.671
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0010 - Administrator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Full-Time. Each
			 licensed nursing facility shall be under the supervision of a full-time Oregon
			 licensed nursing home administrator:
(a) In
			 facilities physically connected with an Oregon licensed general hospital, the
			 nursing home administrator shall be considered "full-time" if the administrator
			 works full-time based on time worked in both nursing facility and hospital, and
			 if the administrator is available to the nursing facility staff on a full-time
			 basis;
(b) In facilities with 40 or
			 fewer beds and which admit only residents requiring intermediate care, a person
			 who meets the requirements for both administrator and director of nursing
			 services (DNS) may function simultaneously in both capacities.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0020 - Director of Nursing Services (DNS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Full-Time. Each facility shall have a
			 director of nursing services who shall be full-time (40-hours per week) in a
			 single nursing facility. Time spent in professional association workshops,
			 seminars and continuing education may be counted in considering whether or not
			 the DNS is full-time.
(2)
			 Qualifications. The DNS shall be a registered nurse who has specific knowledge
			 about nursing administration in a nursing facility:
(a) The DNS shall have at least six months
			 experience in a nursing facility, hospital, or inpatient rehabilitation
			 facility;
(b) Within nine months of
			 employment the DNS shall have:
(A)
			 Successfully completed six credit hours in management or supervision, pertinent
			 to long-term care, from an accredited college or university; or
(B) A baccalaureate or master's degree in
			 nursing and documentation of course work which includes management or
			 supervision.
(c) The DNS
			 shall successfully complete every two years at least 30 continuing education
			 hours pertinent to nursing administration in a nursing facility.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0030 - RN Care Manager

Current through Register Vol. 63, No. 7, July 1, 2024
The RN care manager is a registered nurse who is responsible
				and accountable for managing the nursing care of his/her assigned residents.
				Each resident shall have an RN care manager responsible for his/her
				care:
(1) Training:
(a) Within nine months of hire each RN care
			 manager shall have successfully completed three credit hours from an accredited
			 school, or 30 continuing education hours, pertinent to gerontology,
			 rehabilitation, or long-term care;
(b) Within nine months of hire each RN care
			 manager shall have successfully completed three credit hours from an accredited
			 college or university, or 15 continuing education hours, pertinent to
			 management or supervision.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0040 - Admission of Residents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Admission
			 Conditions:
(a) The facility shall not accept
			 or retain residents whose care needs cannot be met by the facility;
(b) No person shall be admitted to the
			 facility except on the order of a physician;
(c) Admission medical information shall
			 include a statement concerning the diagnosis and general condition of the
			 resident, a medical history and physical, or a medical summary. Other pertinent
			 medical information, orders for medication, diet, and treatments shall also be
			 provided;
(d) Each resident record
			 must, before admission and when updated, include the following information:
(A) Legal name for billing
			 purposes.
(B) To promote
			 person-centered care, any variance from legal records, as indicated by the
			 resident regarding:
(i) Name.
(ii) Pronouns.
(iii) Gender identity.
(e) No resident shall be admitted
			 to a bed in any location other than those locations shown in the most recent
			 floor plan filed with the Division and under which the license was
			 issued;
(f) No facility shall admit
			 an individual who is mentally ill or mentally retarded unless the Division or
			 local representative thereof has determined that such placement is
			 appropriate.
(g) Upon admission of
			 a resident, the facility shall provide the resident or the resident's
			 representative with information developed by the Long-Term Care Ombudsman
			 describing the availability and services of the ombudsman. The facility shall
			 document that the facility provided this information as required.
(h) Upon admission, the facility shall
			 provide to the resident a copy of the LGBTQIA2S+ Protections policy that
			 includes the following statement:
"(Name of care facility) does not discriminate and does not
				permit discrimination, including but not limited to bullying, abuse or
				harassment, based on an individual's actual or perceived sexual orientation,
				gender identity, gender expression or human immunodeficiency virus status, or
				based on an individual's association with another individual on account of the
				other individual's actual or perceived sexual orientation, gender identity,
				gender expression or human immunodeficiency virus status. If you believe you
				have experienced this kind of discrimination, you may file a complaint with the
				Oregon Department of Human Services at (provide current contact
				information)."
(i) Upon
			 admission, the facility shall provide to the resident a copy of the
			 nondiscrimination policy as described in OAR
			 411-085-0210(1)(w).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0040 - Admission of Residents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Admission
			 Conditions:
(a) The facility shall not accept
			 or retain residents whose care needs cannot be met by the facility;
(b) No person shall be admitted to the
			 facility except on the order of a physician;
(c) Admission medical information shall
			 include a statement concerning the diagnosis and general condition of the
			 resident, a medical history and physical, or a medical summary. Other pertinent
			 medical information, orders for medication, diet, and treatments shall also be
			 provided;
(d) No resident shall be
			 admitted to a bed in any location other than those locations shown in the most
			 recent floor plan filed with the Division and under which the license was
			 issued;
(e) No facility shall admit
			 an individual who is mentally ill or mentally retarded unless the Division or
			 local representative thereof has determined that such placement is
			 appropriate.
(f) Upon admission of
			 a resident, the facility shall provide the resident or the resident's
			 representative with information developed by the Long-Term Care Ombudsman
			 describing the availability and services of the ombudsman. The facility shall
			 document that the facility provided this information as required.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0050 - Admission of Day Care Residents

Current through Register Vol. 63, No. 7, July 1, 2024
Day care residents may be admitted to the facility only if the
				facility has written approval from the Division to admit day care residents,
				the facility is in compliance with OAR 411, divisions 85-89, and provided
				admittance does not intefere with care needs of other residents. Day care
				residents are considered "residents" for the purpose of OAR 411, divisions
				85-89, unless specifically stated otherwise:
(1) Application. Application for permission
			 to accept day care residents shall be made to the Division on a form provided
			 by the Division.
(2) Physical
			 Environment:
(a) The number of day care
			 residents shall not exceed one for every 40 square feet of floor space
			 available for use by day care residents;
(b) Provision shall be made for dining, such
			 as tray service or dining area. Day care residents shall be served meals at the
			 same times as other residents;
(c)
			 Each day care resident shall have either an unassigned bed or a folding cot in
			 an area where rest and privacy can be provided;
(d) There shall be one toilet and one
			 lavatory available to every 15 day care residents. Such facilities shall be in
			 close proximity to the area used by day care residents;
(e) All space required for day care residents
			 shall be in addition to space required for other residents.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0060 - Comprehensive Assessment and Care Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Comprehensive
			 Assessment:
(a) An RN shall ensure completion
			 and documentation of a comprehensive assessment of the resident's capabilities
			 and needs for nursing services within 14 days of admission. Comprehensive
			 assessments shall be updated promptly after any significant change of condition
			 and reviewed no less often than quarterly. This assessment shall be on a form
			 specified by the Division. The assessment shall include the following:
(A) Medically defined conditions and medical
			 history;
(B) Medical status
			 measurement;
(C) Functional
			 status;
(D) Sensory and physical
			 impairments;
(E) Nutritional status
			 and requirements;
(F) Treatments
			 and procedures;
(G) Psychosocial
			 status (see OAR 411-086-0240);
(H) Discharge potential (see OAR
			 411-086-0160);
(I) Dental condition;
(J) Activities potential (see OAR
			 411-086-0230);
(K) Rehabilitation and restorative potential
			 (see OAR 411-086-0150 and
			 411-086-0220);
(L) Cognitive status; and
(M) Drug therapy.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0100 - Nursing Services: Staffing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 STAFFING PLAN.
(a) The facility must have and
			 implement a written plan that:
(A) Ensures
			 staffing sufficient to meet the minimum staffing requirements described in
			 sections (3), (4), and (5) of this rule;
(B) Ensures staffing sufficient to meet the
			 needs of each resident; and
(C)
			 Identifies procedures to obtain required staff when absences
			 occur.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0110 - Nursing Services: Resident Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nursing Services Generally. Nursing
			 services staff shall provide and document nursing services for each resident.
			 Nursing staff shall provide services to attain and maintain the highest
			 practicable physical, mental and psychosocial well-being, independence,
			 self-direction, and self-care of each resident, including:
(a) Good grooming and cleanliness of body,
			 skin, nails, hair, eyes, ears, and face, including removal or shaving of hair
			 in accordance with resident wishes, and prompt assistance with toileting needs
			 and care for incontinence;
(b) Good
			 body alignment and adequate exercise or range-of-motion, including, when
			 practicable, ambulation;
(c)
			 Adequate fluid and nutritional intake:
(A)
			 Assistance or supervision with eating and drinking shall be provided as
			 required;
(B) Fluids shall be
			 offered at least three times a day (in addition to meal times) to residents who
			 are unable to help themselves; and
(C) Weigh each resident on admission and
			 quarterly thereafter or more often if resident's condition warrants
			 it.
(d) Adequate sleep
			 and rest;
(e) Oral
			 hygiene;
(f) Bowel and bladder
			 evacuation and continence;
(g)
			 Optimal freedom from pain; and
(h)
			 Resident ability to:
(A) Dress, bathe and
			 groom;
(B) Transfer and
			 ambulate;
(C) Appropriately
			 interact with others; and
(D)
			 Effective October 1, 1990, or in the event of delay of the federal requirement,
			 effective the actual federal implementation date, self-medicate based on
			 nursing and physician assessment and provision of instruction to the resident
			 if necessary.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0120 - Nursing Services: Changes of Condition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Change of Condition (Generally). Nursing
			 staff shall observe, assess, document, and report to the DNS and the resident's
			 physician any significant change in resident condition that warrants medical or
			 nursing intervention, including any significant change in:
(a) Vital signs;
(b) Skin integrity (i.e., decubitus
			 ulcer);
(c) Hydration;
(d) Ability to take or retain food or
			 fluids;
(e) Weight
			 gain/loss;
(f) Bowel or bladder
			 function;
(g) Behavior;
(h) Level of comfort (i.e., pain, injury);
			 or
(i) Level of
			 consciousness.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0130 - Nursing Services: Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notification of Significant Other(s). The
			 nursing care staff or other designated staff shall notify the resident's
			 significant others as soon as possible whenever:
(a) The resident has had a change of
			 physical, mental or psychosocial status, including death or accident resulting
			 in injury, or change in type of care needed;
(b) The resident has wandered from the
			 facility.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0140 - Nursing Services: Problem Resolution and Preventive Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Problem
			 Resolution and Prevention:
(a) Conditions to
			 be Prevented. The licensee shall take all reasonable measures consistent with
			 resident choice to resolve and to prevent undesirable conditions such as:
(A) Decubitus ulcers and other skin
			 breakdowns;
(B) Loss of mobility,
			 or development of contractures or foot drop;
(C) Dehydration;
(D) Impaction;
(E) Infections;
(F) Weight loss/gain;
(G) Loss of range of motion;
(H) Loss of bowel and bladder control;
			 and
(I) Loss of self-esteem or
			 dignity.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0150 - Nursing Services: Restorative Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Restorative Program. Nursing services
			 staff shall provide a restorative program which re-establishes and maintains to
			 the greatest extent practical the functional abilities of residents. Such
			 functional abilities shall include but not be limited by the abilities
			 identified in OAR 411-086-0110(1).
			 The facility shall have written policies governing the provision and
			 documentation of restorative services pursuant to OAR
			 411-085-0210.
(2) Director. The Director of Nursing
			 Services or his/her designee shall ensure the development and implementation of
			 an effective restorative services program.
(3) Staffing. Restorative services shall be
			 provided by facility nursing staff in accordance with the resident's care
			 plan.
(4) Restorative Plan. Each
			 resident shall have a restorative plan based on an assessment of resident's
			 needs and delivered in accordance with the resident care plan:
(a) Restorative services shall be provided to
			 the resident in accordance with the preliminary resident care plan not later
			 than 24 hours after admission;
(b)
			 The restorative services plan shall be reviewed and updated as frequently as
			 the resident's condition changes, but no less often than quarterly.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0160 - Nursing Services: Discharge Summary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Discharge Summary Required. A discharge
			 summary shall be completed for each resident before discharge.
(2) Contents. The discharge summary shall
			 include:
(a) A recapitulation of the
			 resident's stay;
(b) A final
			 summary of the resident's status, including the most recent nursing assessment
			 as defined in OAR 411-086-0060; and
(c) A post-discharge plan of care developed
			 in accordance with OAR
			 411-086-0060 which will assist
			 the resident to adjust to his/her new living environment. A post-discharge plan
			 is not required when the resident is discharged to acute care or to the
			 morgue.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0200 - Physician Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) MEDICAL
			 DIRECTOR. Each nursing facility shall have a physician medical director
			 designated in writing. The medical director shall:
(a) Serve on the Quality Assessment and
			 Assurance Committee;
(b) Assist the
			 facility to assure that adequate medical care is provided on a timely basis in
			 accordance with OAR 411-085-0210 (Facility
			 Policies); and
(c) Serve as
			 attending physician for those residents who are not able to obtain services of
			 another physician or ensure another physician is available to serve as
			 attending physician.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0210 - Dental Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consulting
			 Dentist. The facility shall have an consulting dentist who shall:
(a) Participate in the development of written
			 policies and procedures for routine dental care, dental emergencies, and oral
			 hygiene (OAR 411-085-0210);
(b) Be available in case of a dental
			 emergency or arrange for another dentist to be available;
(c) Recommend procedures for oral health
			 inservice training. This training shall be provided to appropriate staff at
			 least annually; and
(d) Instruct or
			 arrange for a dental hygienist to instruct registered nurses on the facility
			 staff in how to perform oral screenings.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0220 - Rehabilitative Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Rehabilitation Program. The facility shall provide rehabilitative services,
			 when applicable, which re-establishes and maintains to the greatest extent
			 practical the functional abilities of residents. The facility shall have
			 written policies governing the provision and documentation of rehabilitative
			 services pursuant to OAR
			 411-085-0210.
(2) Director. The Director of Nursing
			 Services or his/her designee shall ensure the development and implementation of
			 an effective rehabilitation services program when applicable.
(3) Staffing. When a resident requires
			 rehabilitative services, the services shall be ordered by the attending
			 physician and provided or supervised by personnel qualified under state law to
			 provide that service.
(4)
			 Rehabilitation Plan. Each resident shall have a rehabilitation plan based on an
			 assessment of resident's needs and delivered in accordance with the resident
			 care plan:
(a) The rehabilitation plan shall
			 be implemented within seven days of admission;
(b) The rehabilitation plan shall be reviewed
			 and updated as frequently as the resident's condition changes, but no less
			 often than quarterly.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0230 - Activity Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Activity
			 Program. The facility shall have an activity program available to all residents
			 which encourages each resident to maintain normal activity and to return to
			 self-care. The program shall address the intellectual, social, spiritual,
			 creative, and physical need(s), capabilities, and interests of each resident,
			 and shall encourage resident self-direction:
(a) The program shall encourage involvement
			 and allow each resident to attain and maintain function at his/her highest
			 practical level, and shall include both group and individual
			 activities;
(b) Residents and staff
			 will be informed of scheduled activities;
(c) The program shall include activities
			 meaningful to the residents at least six days per week including:
(A) Gross motor activities (e.g., exercise,
			 dancing, gardening, crafts);
(B)
			 Individual self-care activities designed to enhance personal responsibility and
			 choice (e.g., dressing, personal hygiene);
(C) Social activities (e.g., games, outside
			 activities, field trips); and
(D)
			 Sensory enhancement activities (e.g., pictures, music, olfactory and tactile
			 stimulation, reminiscing, pet therapy).
(d) The facility shall provide equipment,
			 supplies and space to meet individual and group activity needs.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0240 - Social Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Social
			 Services Program. A social services program shall be provided which identifies,
			 attains and maintains the highest practicable physical, mental and psychosocial
			 well-being of each resident:
(a) The program
			 shall assist facility staff, family and friends of the resident to help meet
			 the resident's personal and emotional needs;
(b) The facility shall provide space and
			 furnishings for social services which are readily accessible and assure privacy
			 for interviewing, counseling and telephone conversations.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0250 - Dietary Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DIETARY
			 SERVICES DEPARTMENT. The facility shall have a dietary services department
			 which complies with the Food Sanitation Rules, OAR chapter 333, division 150.
(a) Admittance to the kitchen shall be
			 restricted to those who must enter to perform their duties, to government
			 inspectors, or for peer review.
(b)
			 Written procedures for cleaning equipment and work areas shall be prepared and
			 enforced.
(c) Foods shall be
			 protected from contamination during transportation.
(d) There shall be a minimum of one week
			 supply of staple foods and two-day supply of perishable foods on the
			 premises.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0260 - Pharmaceutical Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consulting
			 Pharmacist. Each facility shall have a consulting pharmacist who shall ensure
			 compliance with ORS Chapter 689, facility policy (OAR
			 411-085-0210) and this
			 rule.
(2) Pharmaceutical Services
			 Review. The Quality Assessment and Assurance Committee shall:
(a) Develop written policies and procedures
			 for safe and effective drug therapy, distribution and use;
(b) Oversee pharmaceutical services in the
			 facility, monitor the service to ensure accuracy and adequacy and make
			 recommendations for improvement; and
(c) Meet at least quarterly and document its
			 activities, findings and recommendations.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 86 - NURSING FACILITIES/LICENSING - ADMINISTRATION AND SERVICES › Section 411-086-0310 - Employee Orientation and In-Service Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Orientation.
			 The nursing facility shall ensure that each employee, temporary employee, and
			 volunteer completes an orientation program sufficient to ensure that the safety
			 and comfort of all residents is assured in accordance with facility policies
			 (OAR 411-085-0210). Orientation to
			 each task must be completed prior to the employee or volunteer performing such
			 task independently. Orientation for nursing staff and nursing assistants in
			 training shall be supervised by a registered nurse. The orientation shall
			 include:
(a) Explanation of facility
			 organizational structure;
(b)
			 Philosophy of care of the facility, including purpose of nursing facility
			 requirements as defined in these administrative rules;
(c) Description of resident
			 population;
(d) Employee
			 rules;
(e) Facility policy and
			 procedures; and
(f) RESIDENTS'
			 RIGHTS. Residents' rights and the values of nursing facility care, including
			 the Department-approved LGBTQIA2S+ trainings.
(A) Effective December 31, 2024, all facility
			 staff must have completed the required training. All new facility staff, hired
			 on or after January 1, 2025, must complete the required training prior to
			 beginning job responsibilities.
(B)
			 The Department-approved LGBTQIA2S+ trainings shall address the elements
			 described in paragraph (3)(d) of this rule