reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0340 - Civil Penalties for Violations of Nurse Staffing Laws

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "safe patient care" has the meaning given to the term in
			 OAR 333-510-0002.
(2) The Authority
			 may impose civil penalties for a violation of any provision of ORS
			 441.152 to
			 441.177 and
			 441.185 if there is a reasonable belief that safe patient care has been or may be
			 negatively impacted.
(3) Each
			 violation of the written SICF staffing plan shall be considered a separate
			 violation.
(4) If imposed, the
			 Authority will issue civil penalties in accordance with Table 1 of OAR
			 333-501-0045.
(5) In determining
			 whether to issue a civil penalty, the Authority will consider all relevant
			 evidence including, but not limited to, witness testimony, written documents
			 and observations.
(6) A civil
			 penalty imposed under this rule shall comply with ORS
			 183.745.
(7) The Authority shall maintain for public
			 inspection records of any civil penalties imposed on SICFs penalized under this
			 rule.
Statutory/Other Authority:
ORS
				  413.042,
				  441.175  & 441.185
Statutes/Other Implemented:
ORS
				  441.175  & 441.185
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0345 - Civil Penalties for Violation of Smoking Prohibition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Authority determines that an administrator or person in charge of an SICF
			 permits a person to smoke tobacco in an SICF or within 10 feet of a doorway,
			 open window or ventilation intake of an SICF, the Authority may assess a civil
			 penalty of not more than $500 per day against the administrator or the person
			 in charge of an SICF.
(2) In
			 determining whether an administrator or person in charge of an SICF has
			 permitted a person to smoke tobacco in violation of ORS
			 441.815,
			 the Authority shall consider whether:
(a) An
			 SICF administrator or person in charge of an SICF has taken steps to enforce
			 the smoking prohibitions, including calling law enforcement to report a
			 violation;
(b) The SICF
			 administrator or person in charge of an SICF took affirmative action to address
			 any complaints about smoking in an SICF or within 10 feet of a doorway, open
			 window or ventilation intake of an SICF; and
(c) An SICF administrator or person in charge
			 of an SICF has taken steps to educate the public and staff about the smoking
			 ban.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0350 - Civil Penalties, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule does not apply to civil penalties for violations of ORS
			 441.162,
			 441.166,
			 441.815,
			 or
			 435.254 or rules adopted to implement these statutes.
(2) A licensee that violates an SICF
			 licensing law, including OAR 333-071-0310  (Violations), is subject to the
			 imposition of a civil penalty not to exceed $500 per day per violation.
(3) In addition to the penalties
			 under section (2) of this rule, civil penalties may be imposed for violations
			 of ORS
			 441.030 or
			 441.015(1).
(4) In determining the amount of a civil
			 penalty, the Authority shall consider whether:
(a) The Authority made repeated attempts to
			 obtain compliance;
(b) The licensee
			 has a history of noncompliance with SICF licensing laws;
(c) The violation poses a serious risk to the
			 public's health;
(d) The licensee
			 gained financially from the noncompliance; and
(e) There are mitigating factors, such as a
			 licensee's cooperation with an investigation or actions to come into
			 compliance.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0360 - Governing Body Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If an SICF is part of a multi-hospital system, one governing body may oversee
			 multiple licensed hospitals within the system.
(2) The governing body of each SICF shall be
			 responsible for the operation of the facility, the selection of the medical
			 staff and the quality of care rendered in the facility. The governing body
			 shall ensure that:
(a) All health care
			 personnel for whom state licenses or registrations are required are currently
			 licensed or registered;
(b)
			 Qualified individuals allowed to practice in the SICF are credentialed and
			 granted privileges consistent with their individual training, experience and
			 other qualifications;
(c)
			 Procedures for granting, restricting and terminating privileges exist and that
			 such procedures are regularly reviewed to assure their conformity to applicable
			 law;
(d) It has an organized
			 medical staff responsible for reviewing the professional practices of the SICF
			 for the purposes of improving patient safety and patient care;
(e) A physician is not denied medical staff
			 privileges at the facility solely on the basis that the physician holds medical
			 staff membership or privileges at another health care facility;
(f) All SICF employees and health care
			 practitioners granted privileges have been tested for tuberculosis in
			 accordance with OAR 333-071-0450; and
(g) A notice, in a form specified by the
			 Authority, summarizing the provisions of ORS
			 441.152 through
			 441.177 is clearly visible to the public that includes a phone number for purposes of
			 reporting a violation of nurse staffing laws.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0370 - Health Care Practitioner Credentialing

Current through Register Vol. 63, No. 7, July 1, 2024
Each SICF shall comply with the health care practitioner and
				telemedicine provider credentialing requirements in accordance with OAR chapter
				409, division 45.
Statutory/Other Authority:
ORS
				  441.025,
				  441.056  & 441.223
Statutes/Other Implemented:
ORS
				  441.025,
				  441.056  & 441.223
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0380 - Administrator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each SICF shall
			 employ or contract with a chief executive officer (CEO) or administrator who is
			 responsible for the operation of the SICF and SICF based services in a manner
			 commensurate with the authority conferred by the governing body, supports the
			 delivery of high quality care and services and ensures compliance with all SICF
			 policies and applicable state and federal laws and regulations. In determining
			 the appropriate number of facilities for which a CEO or administrator is
			 responsible, the governing body of the SICF or health system should consider
			 distance between hospitals and the size and complexity of each
			 facility.
(2) The SICF shall notify
			 the Authority, in writing, of the voluntary or involuntary termination of the
			 CEO or administrator as well as the appointment of a new CEO or administrator
			 within 30 days of the termination and appointment.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0390 - Medical Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The medical
			 staff is responsible for reviewing the professional practices of the SICF for
			 the purposes of improving patient safety and patient care, and is accountable
			 to the governing body.
(2) The
			 SICF's medical staff organized pursuant to OAR 333-071-0360  shall include
			 physicians and may include other licensed health care practitioners as
			 permitted by the governing body.
(3) The medical staff shall adopt and enforce
			 by-laws, medical staff policies, and medical staff rules and regulations to
			 carry out its responsibilities. The by-laws, medical staff policies, and
			 medical staff rules and regulations must be approved by the governing body.
(4) By-laws, medical staff policies
			 and medical staff rules and regulations shall include, but are not limited to:
(a) The organization of the medical staff,
			 including qualifications for serving on the medical staff, nominations,
			 election, appointment or removal of officers, and periodic review of its
			 members;
(b) Criteria for
			 credentialing health care practitioners and the process for applying for
			 credentials;
(c) Criteria for
			 restricting or terminating facility privileges and the process for restricting
			 or terminating facility privileges;
(d) A process for periodically reviewing the
			 procedures for granting, restricting and terminating facility privileges to
			 ensure that procedures are being followed; and
(e) Procedures for ensuring that licensed
			 health care practitioners with facility privileges i are acting within their
			 scope of practice and acting consistent with the privileges granted by the
			 governing body;
(f) Procedures for
			 the acceptance of verbal orders by those individuals authorized by law or their
			 scope of practice to accept verbal orders;
(g) Procedures for responding to medical
			 emergencies, including contacting at least one physician in the event of a
			 medical emergency; and
(h)
			 Procedures for notifying patients orally and in writing of any financial
			 interest as required by ORS
			 441.098.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0400 - Organization Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SICF's
			 internal organization shall be structured to include appropriate departments
			 and services consistent with the needs of its defined community.
(2) An SICF shall adopt and maintain clearly
			 written definitions of its organization, authority, responsibility,
			 relationships and scope of services offered.
(3) An SICF shall adopt, maintain and follow
			 written patient care policies that include but are not limited to:
(a) Admission and transfer policies that
			 address:
(A) Types of clinical conditions not
			 acceptable for admission;
(B)
			 Constraints imposed by limitations of services, staff coverage or physical
			 facilities. No patient shall be admitted to a bed in any room, other than one
			 regularly designated as a bedroom or ward;
(C) Emergency admissions;
(D) Requirements for informed consent signed
			 by the patient or legal representative of the patient for diagnostic and
			 treatment procedures; such policies and procedures shall address informed
			 consent of minors in accordance with provisions in ORS
			 109.640,
			 109.670, and
			 109.675;
(E) Requirements for identifying persons
			 responsible for obtaining informed consent and other appropriate disclosures
			 and ensuring that the information provided is accurate and documented
			 appropriately in accordance with these rules and ORS
			 441.098; and
(F) A process for the internal transfer of
			 patients from one level or type of care to another, if applicable;
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0410 - Patient Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SICF shall
			 ensure that the facility recognizes and protects the following rights of each
			 patient. Each patient has a right to:
(a) Be
			 treated with dignity and respect;
(b) Receive care in a safe setting;
(c) Participate in the development and
			 implementation of care and services to be furnished, including any changes or
			 cessation of care and services;
(d)
			 Make informed decisions about requesting or refusing care and
			 services;
(e) Verbalize advance
			 directives and to have the SICF and staff who provide care to comply the
			 directives;
(f) Have a family
			 member, lay caregiver or other representative notified when admitted and
			 discharged from the SICF;
(g) Be
			 free from neglect of care, and all forms of abuse or harassment;
(h) Personal privacy;
(i) The confidentiality of his or her medical
			 records;
(j) Access information
			 contained in his or her medical record within a reasonable time
			 frame;
(k) Be free from physical or
			 chemical restraint or seclusion; and
(l) Voice grievances or complaints regarding
			 care, services or any other issue without discrimination or reprisal for
			 exercising such rights.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0420 - Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SICF shall:
(a) Maintain a sufficient number of qualified
			 personnel and equipment to provide effective patient care and all other related
			 services;
(b) Have written
			 personnel policies and procedures that are available to personnel;
(c) Provide orientation for new employees;
(d) Have an annual continuing
			 education plan;
(e) Have a job
			 description for each position which delineates the qualifications, duties,
			 authority and responsibilities inherent in each position;
(f) Provide an annual work performance
			 evaluation for each employee with appropriate records maintained;
(g) Have an employee health screening program
			 for the purpose of protecting patients and employees from communicable
			 diseases, including but not limited to requiring tuberculosis testing for
			 employees in accordance with OAR 333-071-0450.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0440 - Quality Assessment and Performance Improvement

Current through Register Vol. 63, No. 7, July 1, 2024
The governing body of an SICF must ensure that there is an
				effective, written, facility-wide quality assessment and performance
				improvement program to evaluate and monitor the quality and appropriateness of
				patient care.
(1) All organized
			 services related to patient care, including services furnished by a contractor
			 must be evaluated.
(2) Written
			 documentation of quality assurance activities shall be recorded at least
			 quarterly.
(3) Health care acquired
			 infections, medication therapy, and blood and blood product transfusions must
			 be evaluated.
(4) All medical
			 services performed in the facility must be evaluated as they relate to
			 appropriateness of diagnosis and treatment.
(5) The facility must have an ongoing plan,
			 consistent with available community and facility resources, to provide and make
			 available social work, psychological, and educational services to meet the
			 medically-related needs of its patients.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0450 - Infection Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each SICF
			 shall establish and maintain an active facility-wide infection control program.
			 This program shall, at a minimum, include the following:
(a) Identification of existing or potential
			 infections in patients and employees, medical staff, and health care
			 practitioners with SICF privileges;
(b) Control of factors affecting the
			 transmission of infections and communicable disease;
(c) Provisions for orienting and educating
			 all medical staff, health care practitioners with SICF privileges and employees
			 on the cause, transmission, and prevention of infections; and
(d) Collection, analysis, and use of data
			 relating to infections in the SICF.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0460 - Tuberculosis Control

Current through Register Vol. 63, No. 7, July 1, 2024
An SICF shall comply with the tuberculosis assessment and
				screening requirements in accordance with OAR 333-019-0041.
Statutory/Other Authority:
ORS
				  433.004,
				  433.332  & 441.025
Statutes/Other Implemented:
ORS
				  433.004,
				  441.025  & 433.329
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0470 - Patient Admission and Treatment Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No patient shall be admitted to an SICF
			 except on the order of an individual who has admitting privileges. The
			 admitting medical staff member for the facility shall provide sufficient
			 information at the time of admission to establish that care can be provided to
			 meet the needs of the patient. Admission medical information shall include a
			 statement concerning the admitting diagnosis and general condition of the
			 patient. Other pertinent medical information, orders for medication, diet, and
			 treatments shall also be provided, as well as a medical history and
			 physical.
(2) Within 24 hours of a
			 patient's admission, an SICF shall ensure that:
(a) The patient's medical history is taken
			 and a physical examination performed, unless:
(A) A medical history and physical
			 examination has been completed within 30 days prior to admission, as provided
			 in the medical staff rules and regulations; or
(B) The patient is readmitted within a
			 month's time for the same or related condition, as long as an interval note is
			 completed; and
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0480 - Nursing Care Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 nursing care of each patient in a health care facility shall be the
			 responsibility of a registered nurse (RN).
(2) The RN will only provide services to the
			 patients for which she or he is educationally and experientially prepared and
			 for which competency has been maintained.
(3) The RN shall be responsible and
			 accountable for managing the nursing care of her or his assigned patients. She
			 or he shall only assign the nursing care of each patient to other nursing
			 personnel in accordance with the patient's needs and the specialized
			 qualifications and competence of the nursing staff available. The responsible
			 RN shall ensure that the following activities are completed:
(a) Document the admission assessment of the
			 patient within four hours following admission and initiate a written plan of
			 care. This shall be reviewed and updated whenever the patient's status changes.
(b) Develop and document, within
			 eight hours following admission, a plan of care for nursing services for the
			 patient, based on the patient assessment and realistic, understandable,
			 achievable patient goals consistent with the applicable rules in OAR chapter
			 851, division 45.
(c) Observe and
			 report to the nurse manager and the patient's physician or other health care
			 provider authorized by law, when appropriate, any significant changes in the
			 patient's condition that warrant interventions that have not been previously
			 prescribed or planned for.
(d) When
			 the RN questions the efficacy, need or safety of continuation of medications
			 being administered to a patient, the RN shall report that question to the
			 physician or other responsible health care provider authorized by law
			 authorizing the medication and shall seek further instructions concerning the
			 continuation of the medication.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0485 - Nursing Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SICF
			 shall provide a nursing service department which provides 24-hour onsite
			 registered nursing care, seven days per week.
(2) The nursing services department shall be
			 under the direction of a nurse executive who is a registered nurse, licensed to
			 practice in Oregon.
(3) All nursing
			 personnel shall maintain current certification in cardiopulmonary
			 resuscitation.
(4) An SICF shall
			 comply with hospital nurse staffing regulations in accordance with OAR chapter
			 333, division 510 and ORS
			 441.151 through
			 441.192.
Statutory/Other Authority:
ORS
				  441.025  & ORS
				  413.042
Statutes/Other Implemented:
ORS
				  441.025  & 441.151 - 441.192
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0490 - Nurse Executive

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The nurse
			 executive position shall be full-time (40 hours per week). Time spent in
			 professional association workshops, seminars and continuing education may be
			 counted as his or her duties in considering whether or not he or she is
			 full-time.
(2) The nurse executive
			 shall:
(a) Have had progressive responsibility
			 in managing in a health care setting. The nurse executive shall be a registered
			 nurse licensed in Oregon. In addition, the nurse executive must have a
			 baccalaureate degree or other advanced degree, or appropriate equivalent
			 experience, with emphasis in management preferred.
(b) Have written administrative authority,
			 responsibility and accountability for assuring functions and activities of the
			 nursing services department and shall participate in the development of any
			 policies that affect the nursing services department. This includes budget
			 formation, implementation and evaluation. The nurse executive shall ensure the:
(A) Development and maintenance of a nursing
			 service philosophy, objective, standards of practice, policy and procedure
			 manuals and job descriptions for each level of nursing service personnel;
(B) Development and maintenance of
			 personnel policies of recruitment, orientation, in-service education,
			 supervision, evaluation and termination of nursing service staff or ensure it
			 is done by another department;
(C)
			 Development and maintenance of policies and procedures for determination of
			 nursing staff's capacity for providing nursing care for any patient seeking
			 admission to the facility;
(D)
			 Development and maintenance of a quality assurance program for nursing service;
(E) Coordination of nursing service
			 departmental function and activities with the function and activities of other
			 departments; and
(F) Ensure
			 participation with the administrator and other department directors in
			 development and maintenance of practices and procedures that promote infection
			 control, fire safety and hazard reduction.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0510 - Dietary Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SICF,
			 regardless of classification, shall:
(a) Have
			 an organized dietary department, directed by qualified personnel that conforms
			 to the requirements in the Oregon Food Sanitation Rules, OAR 333-150-0000;
(b) Employ supportive personnel
			 competent to carry out the functions of the dietary service;
(c) Provide dietetic services to patients in
			 accordance with a written order by the responsible physician, or other health
			 care practitioner authorized within the scope of his or her professional
			 license, and record appropriate dietetic information in the patient's medical
			 record including the following:
(A) Timely
			 and periodic assessments of the patient's nutrient intake and tolerance to the
			 prescribed diet modification, including the effect of the patient's appetite
			 and food habits on food intake;
(B)
			 A description of the diet instructions given to the patient or family and
			 assessment of their diet knowledge;
(C) A description or copy of the diet
			 information forwarded to another institution upon patient discharge; and
(D) Nutritional care follow-up
			 with the patient's health care practitioner or a health care agency.
(d) Regularly review and evaluate
			 the quality and appropriateness of nutritional care provided by the dietetic
			 service including the nutritional adequacy of all menus.
(e) Serve food that has an appetizing
			 appearance, is palatable, is served at proper temperature and is cooked and
			 served in such a way as to retain the nutrient value of food.
(f) Restrict admittance to the kitchen area
			 to those who must enter to perform assigned duties.
(g) Develop written procedures for cleaning
			 equipment and work areas and enforce those procedures.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0520 - Laboratory Services

Current through Register Vol. 63, No. 7, July 1, 2024
The facility shall provide or shall have a written contract
				with a licensed clinical laboratory under ORS chapter 438 and OAR chapter 333,
				division 24, or its equivalent. A list of available tests and procedures shall
				be maintained.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0530 - Pharmacy Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SICF is
			 subject to ORS chapter 689 and all the rules thereunder as applicable.
(2) Pharmacy services shall be in
			 accordance with ORS chapter 689 and OAR 855-041-5005  through 855-041-6840.
(3) Provision shall be made for
			 convenient and prompt 24-hour distribution of drugs to patients. This may be
			 from a medicine preparation room or unit, a self-contained medicine dispensing
			 unit, or by another approved system meeting the rules of the Oregon Board of
			 Pharmacy.
(a) If used, a medicine preparation
			 room or unit shall be under the nursing staff's visual control and contain a
			 work counter, refrigerator and locked storage for biologicals and drugs.
(b) A medicine dispensing unit may
			 be located at the nurses' station, in the clean workroom, or in an alcove or
			 other space under direct control of nursing or pharmacy staff.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0535 - Radiology Services

Current through Register Vol. 63, No. 7, July 1, 2024
An SICF, regardless of classification shall have on-site or
				contract radiology services that:
(1)
			 Comply with ORS chapter 453 and rules adopted thereunder;
(2) Support the SICF's medical and other
			 services; and
(3) Are available on a
			 timely basis.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0550 - Sanitary Precautions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Provisions shall be made for the proper cleaning of linen and other washable
			 goods and proper disposal of all refuse.
(2) All garbage and refuse shall be stored
			 and disposed of in a manner that will not create a nuisance or a public health
			 hazard. Infectious waste shall be stored and disposed of in accordance with OAR
			 chapter 333, division 56.
(3)
			 Measures shall be taken to prevent the entry of rodents, flies, mosquitoes, and
			 other insects. Adequate measures shall include but are not limited to
			 preventing their entry through doors, windows, or other outside
			 opening.
(4) The walls and floors
			 shall be of a durable and cleanable composition necessary to maintain a
			 sanitary environment appropriate to the use of the area. The building shall be
			 kept clean and in good repair.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0560 - Safety and Emergency Preparedness

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SICF shall:
(a) Have a physical plant and overall
			 facility environment that is developed and maintained in such a manner that the
			 safety and well-being of patients are provided for.
(b) Have telephone or another communication
			 method to summon help in case of fire or other emergency.
(c) Comply with ORS chapter 479, its
			 implementing rules, and all other requirements of the State Fire Marshal.
(d) Have emergency power
			 facilities that are tested monthly and are in readiness at all times for use in
			 all areas required in the 2012 NFPA 99 and the Oregon Electrical Specialty
			 Code.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0570 - Smoking Prohibition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator or person in charge of the SICF may not permit a person to smoke
			 tobacco in the facility or within 10 feet of a doorway, open window or
			 ventilation intake of the SICF.
(2)
			 An SICF shall comply with ORS
			 433.835 through
			 433.875 and its
			 implementing rules, OAR chapter 333, division 15.
Statutory/Other Authority:
ORS
				  441.815
Statutes/Other Implemented:
ORS
				  441.815
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0580 - Physical Environment Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person proposing to construct a new
			 SICF or proposing to make certain alterations or additions to an existing SICF,
			 must, before commencing new construction, alterations, or additions, comply
			 with OAR chapter 333, division 675 and these rules.
(2) Only the portion of an existing SICF that
			 is being altered or renovated and any impacted ancillary areas required to
			 ensure full functionality of the SICF must meet the requirements in sections
			 (4) through (7) of this rule.
(3)
			 The following guidelines are adopted by reference as specified in sections (4)
			 through (6) of this rule. Each SICF must also meet the requirements of state
			 building and specialty codes in affect at the time of initial licensure.
(a) 2018, Facility Guidelines Institute
			 (FGI), Guidelines for the Design and Construction of Hospitals; and
(b) 2018, FGI, Guidelines for the Design and
			 Construction of Residential Health, Care and Support
			 Facilities.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 72 - HEALTH CARE PRACTITIONER REFERRALS › Section 333-072-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish notice requirements
				for patient choice and financial interest as required in ORS 441.098 when
				health practitioners refer patients for diagnostic testing or health care
				treatment or services.
Stat. Auth.: ORS 441.098
Stats. Implemented: ORS 441.092, OL 2013, ch.
				  552
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 72 - HEALTH CARE PRACTITIONER REFERRALS › Section 333-072-0205 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules do not apply to a referral for a diagnostic test or
				health care treatment or service:
(1)
			 When a patient is receiving inpatient hospital services or emergency department
			 services if the referral is for a diagnostic test or health care treatment or
			 service to be provided while the patient is in the hospital or emergency
			 department.
(2) When a referral is
			 made to a particular facility after the initial referral of the patient to that
			 facility, when notice was provided at the initial referral in accordance with
			 these rules.
(3) When a patient
			 has been directed or transferred to a facility for emergency department
			 services.
(4) When a patient is
			 being directed back to the referring practitioner by the practitioner or
			 facility who received the referral.
Stat. Auth.: ORS 441.098
Stats. Implemented: ORS 441.092, OL 2013, ch.
				  552
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 72 - HEALTH CARE PRACTITIONER REFERRALS › Section 333-072-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 333-072-0200  through 333-072-0225  the following
				definitions apply:
(1) "Certified
			 nurse midwife" means a registered nurse licensed by the Oregon State Board of
			 Nursing as a nurse practitioner specializing in nurse midwifery.
(2) "Emergency department services" means
			 services provided in the part of a licensed hospital facility open 24 hours a
			 day to provide acute care treatment and services for a wide range of illnesses
			 and injuries.
(3) "Facility" means
			 a hospital, outpatient clinic owned by a hospital, ambulatory surgical center,
			 freestanding birthing center as defined in ORS 442.015, or a facility that
			 receives Medicare reimbursement as an independent diagnostic testing
			 facility.
(4) "Financial interest"
			 means the direct or indirect ownership interest of five percent or more held by
			 a health practitioner or the practitioner's immediate family member.
(5)
(a)
			 "Health practitioner" means a physician, podiatric physician and surgeon,
			 naturopathic physician licensed under ORS chapter 685, dentist, direct entry
			 midwife, licensed nurse practitioner, certified nurse midwife, licensed
			 physician associate or medical imaging licensee under ORS 688.405 to
			 688.605.
(b) "Health practitioner"
			 does not include a provider in health maintenance organizations as that term is
			 defined in ORS 750.005.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 72 - HEALTH CARE PRACTITIONER REFERRALS › Section 333-072-0215 - Requirements for Notification of Patient Choice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensees must earn at least 40
			 continuing education credits during the period between license renewals.
			 Continuing education credit must be reported as follows:
(a) Licensees must submit a Renewal Notice
			 and Reporting Affidavit to the Board office with the fee on or before the due
			 date printed on the notice.
(b) An
			 unsigned or incomplete Renewal Notice and Reporting Affidavit shall be returned
			 to the licensee.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 72 - HEALTH CARE PRACTITIONER REFERRALS › Section 333-072-0220 - Requirement for Notice of Financial Interest

Current through Register Vol. 63, No. 7, July 1, 2024
If a health practitioner refers a patient for a diagnostic test
				or health care treatment or service to a facility in which the health
				practitioner or an immediate family member has a financial interest of five
				percent or more, the practitioner or the practitioner's designee shall provide
				notice of that financial interest orally and in writing at the time of the
				referral.
Stat. Auth.: ORS 441.098
Stats. Implemented: ORS 441.092, OL 2013, ch.
				  552
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 72 - HEALTH CARE PRACTITIONER REFERRALS › Section 333-072-0225 - Violations and Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 health practitioner who fails to comply with these rules shall be subject to
			 investigation and disciplinary action in accordance with ORS 441.098.
(2) When investigating an
			 allegation that notice was not provided in accordance with ORS 441.098 and
			 these rules, the Oregon Health Licensing Agency and a health professional
			 regulatory board may:
(a) Review
			 documentation of a health practitioner's policies and procedures for provision
			 of notice and accept the policies and procedures as proof that notice was given
			 in accordance with the policies.
(b) Rely on the practitioner's documentation
			 of notice as proof that notice was given, if no policies or procedures
			 exist.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0001 - Applicability; Referenced Codes and Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the time of initial licensure
			 ambulatory surgical centers (ASC) and extended stay centers (ESC) must meet the
			 physical environment requirements in these rules including any applicable
			 building and specialty codes in effect at the time of initial
			 licensure.
(2) Subsequent
			 modifications to an ASC or ESC after initial licensure must comply with any
			 applicable building or specialty codes in effect at the time of the
			 modification.
(3) The codes and
			 standards referenced in these rules are for informational purposes only, unless
			 a code or standard is specifically adopted by reference.
Statutory/Other Authority: ORS
				  441.025  & 441.060
Statutes/Other Implemented: ORS
				  441.025  & 441.060
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0095 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish standards for the
				licensure of ambulatory surgical centers and extended stay centers to ensure
				the health and safety of individuals who receive services from these
				facilities.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0101 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 333, division 76 unless the context
				requires otherwise, the following definitions apply:
(1) "Affiliated with" means controlled by or
			 associated with other persons under common ownership or control.
(2) "Ambulatory Surgical Center" (ASC) means:
(a) A facility or portion of a facility that
			 operates exclusively for the purpose of providing surgical services to patients
			 who do not require hospitalization and for whom the expected duration of
			 services does not exceed 24 hours following admission.
(b) Ambulatory surgical center does not mean:
(A) Individual or group practice offices of
			 private physicians or dentists that do not contain a distinct area used for
			 outpatient surgical treatment on a regular and organized basis, or that only
			 provide surgery routinely provided in a physician's or dentist's office using
			 local anesthesia or conscious sedation; or
(B) A portion of a licensed hospital
			 designated for outpatient surgical treatment.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0102 - Application for ASC License and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant wishing to apply for a new
			 or renewal license to operate an ASC shall submit an application on a form
			 prescribed by the Authority and pay the applicable nonrefundable fee as
			 specified in ORS
			 441.020.
(2) For purposes of determining the correct
			 license fee required under ORS
			 441.020 and this rule:
(a) "Procedure room" means a
			 room where surgery or invasive procedures are performed; and
(b) "Invasive procedure" means a procedure
			 requiring insertion of an instrument or device into the body through the skin
			 or a body orifice for diagnosis or treatment, and operative procedures in which
			 skin or mucous membranes and connective tissue are incised, or an instrument is
			 introduced through a natural body orifice.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0103 - ASC Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Upon receipt of an application and the license fee, the Authority shall:
(a) Verify compliance with the applicable
			 sections of ORS chapters 441, 442 and 476, these rules, and Oregon
			 Administrative Rules chapter 333, division 675;
(b) Conduct an on-site licensing survey in
			 accordance with OAR 333-076-0117;
(c) Consult with the State Fire Marshal,
			 deputy or approved authority to ensure the applicant has not received a
			 certificate of non-compliance pursuant to ORS
			 479.215;
			 and
(d) Verify compliance with
			 conditions of participation if the applicant has requested Medicare or Medicaid
			 Certification.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0104 - Approval of ASC License Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority shall notify an applicant
			 in writing if a license application is approved and shall include the license
			 with the appropriate classification.
(2) A license shall be issued only for the
			 premises and persons or governmental units named in the application and it is
			 not transferrable or assignable.
(3) The license shall be conspicuously posted
			 in the area where patients are admitted.
(4) No person or ASC licensed pursuant to the
			 provisions of ORS chapter 441, shall in any manner or by any means assert,
			 represent, offer, provide or imply that such person or facility is or may
			 render care or services other than that which is permitted by or which is
			 within the scope of the license issued to such person or facility by the
			 Authority nor shall any service be offered or provided which is not authorized
			 within the scope of the license issued to such person or facility.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.020,
				  441.022  & 441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0106 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  441.025
Stats. Implemented: ORS
				  441.022 &
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0107 - Denial of ASC License Application

Current through Register Vol. 63, No. 7, July 1, 2024
If the Authority intends to deny a license application, it
				shall issue a Notice of Proposed Denial of License Application in accordance
				with ORS
				183.411 through
				183.470.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.025  & 441.030
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0108 - Expiration and Renewal of ASC License

Current through Register Vol. 63, No. 7, July 1, 2024
Each license to operate an ASC shall expire on December 31
				following the date of issue, and if a renewal is desired, the licensee shall
				make application and pay the required renewal fee at least 30 days prior to the
				expiration date upon a form prescribed by the Authority as described in OAR
				333-076-0102.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: 441.025 & ORS
				  441.020
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0109

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 441.025
Stats. Implemented: ORS 441.025 &
				  441.030
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0110 - Return of ASC License and ASC Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an ASC license is suspended, revoked,
			 or if a facility decides to permanently close, the license certificate in the
			 licensee's possession shall be returned to the Authority immediately.
(2) If an ASC decides to voluntarily
			 permanently close, it shall issue a multimedia press release at least 24 hours
			 prior to closure, notifying the public of the closure. The press release must
			 include information about how an individual may obtain their medical
			 records.
(3) An ASC that decides to
			 voluntarily permanently close shall notify the Authority at least 14 days prior
			 to the closure and submit plans for the orderly transfer of the patients and
			 the storage and disposal of medical records. Medical records not claimed that
			 are more than seven years old from the last date of discharge may be destroyed.
			 Medical records not claimed that are less than seven years old from the last
			 date of discharge shall be stored until they are more than seven years old from
			 the last date of discharge.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0111 - ASC Classification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ASCs
			 shall be classified as follows:
(a)
			 Certified;
(b) High complexity
			 non-certified; and
(c) Moderate
			 complexity non-certified.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0112

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 441.025
Stats. Implemented: ORS 183.413 - 183.500 &
				  441.037
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0113

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 441.025
Stats. Implemented: ORS
				  441.025