reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 67 - REMEDIATION OF LEAD-BASED PAINT HAZARDS IN TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 333-067-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of OAR 333-067-0100  to 333-067-0120, unless otherwise defined therein,
			 the words and phrases used in these rules have the same meanings as given to
			 them in 40 Code of Federal Regulations (CFR) 745 Subparts D, E and L.
(2) In addition to the definitions from
			 section (1), the following definitions apply to OAR 333-067-0100  to
			 333-067-0120 unless the context indicates otherwise:
(a) "Authority" means the Oregon Health
			 Authority.
(b) "Hazard controls"
			 means interim controls as defined in
			 40
			 CFR 745.83.
(c) "Lead-based paint hazard" has the meaning
			 given in
			 40
			 CFR 745.63 and also includes the following:
(A) Bare or covered soil on the property of
			 target housing or a child-occupied facility that contains total lead equal to
			 or exceeding 400 parts per million (ppm) in a play area or an average of 1,200
			 parts per million in the rest of the yard based on soil samples;
(B) Surface dust in target housing or a
			 child-occupied facility that contains a mass-per-area concentration of lead
			 equal to or exceeding 10 µg/ft2 on floors or 100 µg/ft2 on interior
			 windowsills based on any one single-surface wipe sample;
(C) Paint chips or other debris on the
			 property of target housing or a child-occupied facility that contain lead equal
			 to or in excess of 1.0 milligram per square centimeter or more than 0.5 percent
			 by weight;
(D) Any circumstances
			 that otherwise satisfies the definition of a lead-based paint hazard where the
			 x-ray fluorescence (XRF) results are inconclusive. Inconclusive XRF results
			 demonstrate the presence of lead-based paint.
(d) "Third party" means a person or entity
			 who performs a renovation, as defined in OAR 333-070-0200, or a lead-based
			 paint activity, as defined in OAR 333-069-0100, on behalf of another person or
			 entity.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 67 - REMEDIATION OF LEAD-BASED PAINT HAZARDS IN TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 333-067-0105 - Risk Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to the requirements for risk assessments found in OAR chapter 333,
			 division 69, a risk assessment obtained under OAR 333-067-0110(2)(a)  must
			 include:
(a) Dust wipe samples taken in
			 accordance with clearance categories found in chapter 15 of the Guidelines for
			 the Evaluation and Control of Lead-Based Paint Hazards in Housing (2012
			 Edition), issued by the US Department of Housing and Urban Development (HUD),
			 and available on HUD's website;
(b)
			 At least one composite soil sample taken from soil within the dripline of each
			 building face subject or subjected to exterior paint-disturbing work, with a
			 second composite soil sample collected from the nearest play area, if
			 applicable; and
(c) An explanation
			 of the results of the risk assessment, identification of any lead-based paint
			 hazards that are reasonably related to the renovation or lead-based paint
			 activity, and options for reducing or abating any identified lead-based paint
			 hazards.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 67 - REMEDIATION OF LEAD-BASED PAINT HAZARDS IN TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 333-067-0110 - Required Remediation of Lead-Based Paint Hazards; Identification of a Third Party; Stop-Work Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority may issue an order described in section (2) of this rule to:
(a) A person who has violated ORS
			 431A.358 or a rule adopted under ORS
			 431A.355;
			 or
(b) A property owner, or agent
			 of the property owner, who knowingly contracted with a person who was not
			 certified under ORS
			 431A.355 to perform lead-based paint activities or renovation when certification was
			 required under ORS
			 431A.358.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 67 - REMEDIATION OF LEAD-BASED PAINT HAZARDS IN TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 333-067-0115 - Violations; Schedule of Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority may assess civil penalties
			 under these rules for any of the following violations:
(a) Failure to comply with an order or an
			 Authority request to identify a third party;
(b) Failure to comply with a stop work order
			 as described in OAR 333-067-0110(8);
(c) Knowingly contracting with a person who
			 was not certified under ORS
			 431A.355 to perform lead-based paint activities or renovation when certification was
			 required under ORS
			 431A.358.
(d) Failure to timely comply with an order,
			 or any part of an order, issued by the Authority as described in OAR
			 333-067-0110(2).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 68 - LEAD-BASED PAINT AND DEMOLITIONS › Section 333-068-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 68 - LEAD-BASED PAINT AND DEMOLITIONS › Section 333-068-0070 - Certification Requirements for Contractors Performing Demolitions

Current through Register Vol. 63, No. 7, July 1, 2024
A contractor, as that term is defined in ORS
				701.005(5)(a),
				is considered certified for the purposes of performing demolitions under Oregon
				Laws 2017, chapter 739, if the contractor has any of the following current
				certifications under OAR 333-069-0100  or OAR 333-070-0200:
(1) Certified abatement worker;
(2) Certified project designer;
(3) Certified supervisor; or
(4) Certified Renovator.
Statutory/Other Authority: ORS
				  431A.355  & OL 2017, Ch. 739
Statutes/Other Implemented: ORS
				  431A.355  & OL 2017, Ch. 739
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0005 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0015 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0070 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0080 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0085 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920, 701.992
Stats. Implemented: ORS 431.920,
				  701.992
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0090 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0100 - Federal Regulations Adopted by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Health Authority (Authority)
			 is authorized to administer the lead-based paint activities program under ORS
			 431A.355 and 40 Code of Federal Regulations (CFR) 745.324. The Authority's rules must be
			 no less stringent than the U.S. Environmental Protection Agency's (EPA's) rules
			 in    40 CFR 745    Subparts D and L.
(2)
			 The Authority adopts by reference 40 CFR 745, Subpart D - Lead-Based Paint
			 Hazards, and Subpart L - Lead-Based Paint Activities, revised as of July 1,
			 2021, except as described in section (3) of this rule and except for:
(a)  40 CFR Part 745.225(g) and (h);
(b)
									40
			 CFR 745.235;
(c)
									40
			 CFR 745.237; and
(d)
									40 CFR
			 745.239.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0110 - Violations; Schedule of Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority may assess civil penalties,
			 or deny, suspend or revoke any accreditation or certification applied for or
			 issued under these rules for any of the following violations:
(a) Level one violations:
(A) Offering to perform or performing
			 lead-based paint activities without Authority certification and Oregon
			 Construction Contractors Board (CCB) licensing, unless specifically exempted by
			 these rules.
(B) Clearance
			 examination inconsistencies including, but not limited to, the following:
(i) Failure to conduct clearance examination;
(ii) Allowing rehabitation before
			 clearance has been achieved; or
(iii) Allowing rehabitation when lead hazard
			 levels exceed the standard;
(C) The collection of samples as described in
			 these rules by a non-certified individual or firm;
(D) Obtaining certification via fraud or
			 duplication of certification documents;
(E) Conducting lead-based paint activities
			 with a revoked, suspended or expired certification;
(F) Employing uncertified individuals to
			 conduct lead-based paint activities;
(G) Failure to comply with a consent
			 agreement or an administrative order;
(H) Falsification of results of lead-hazard
			 sampling;
(I) Removing paint from
			 target housing or child-occupied facilities without proper certification from
			 the Authority; or
(J) Use of
			 prohibited abatement methods.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 69 - CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES AND ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEAD-BASED PAINT ACTIVITIES › Section 333-069-0120 - Certification and Accreditation Periods; Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certifications and recertifications are
			 issued for three years.
(2)
			 Accreditations and reaccreditations are issued for one year.
(3) The following certification and
			 recertification fees are established and are non-refundable:
(a) Firms: $255.
(b) Inspectors, risk assessors, supervisors,
			 and project designers: $255.
(c)
			 Workers: $150.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0075 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920 &
				  431.922
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0080 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0085 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.918
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0090 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920 &
				  431.922
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0095 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0100 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0105 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0115 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183.310-183.540, 183.745, 431.920, 431.922,
				  431.994
Stats. Implemented: ORS 183.310-183.540, 183.745, 431.920,
				  431.922, 431.994
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0120 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0125 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0130 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0135 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0140 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0145 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0150 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0160 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS
				  431.920
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0200 - Federal Regulations Adopted by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Health Authority (Authority)
			 is authorized to administer the lead-based paint activities program under ORS
			 431A.355 and 40 Code of Federal Regulations (CFR) 745.324. The Authority's rules must be
			 no less stringent than the U.S. Environmental Protection Agency's (EPA's) rules
			 in    40 CFR
			 745    Subparts D, E and L.
(2) The Authority adopts by reference
			 40 CFR
			 745, Subpart D - Lead-Based Paint Hazards,
			 Subpart E - Residential Property Renovation and Subpart L - Lead-Based Paint
			 Activities except as described in section (3) of this rule and except for:
(a)  40 CFR Part 745.87  ;
(b) 745.91; and
(c) 745.225(g) and (h).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0210 - Inspections and Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority may:
(a) Enter private or public
			 property at any reasonable time with consent of the owner or custodian of the
			 property to inspect, investigate, evaluate or conduct tests or take specimens
			 or samples for testing, as necessary to determine compliance with ORS
			 431A.355,
			 431A.358 or these rules;
(b) Issue subpoenas to determine
			 compliance with ORS 431A.355,
			 431A.358 or these rules;
(c) Suspend or revoke a firm
			 certification to perform renovation if the holder of the certification fails to
			 comply with state or federal statutes or regulations related to lead-based
			 paint;
(d) Suspend or revoke a
			 certified renovator's certification if the renovator fails to comply with state
			 or federal statutes or regulations related to lead-based paint; and
(e) Issue civil penalties per violation per
			 day not to exceed $5,000 per violation per day for a violation of ORS
			 431A.355,
			 431A.358 or these rules,
			 including but not limited to failure or refusal:
(A) To permit the Authority entry or
			 inspection in accordance with this rule; or
(B) To establish and maintain records or to
			 make available or permit access to or copying of records.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0220 - Certification Fees and Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Firm
			 certifications and recertifications are issued for five years.
(2) The following fees for certification and
			 recertification for firms are established and are non-refundable:
(a) Firm certification: $250.
(b) Firm recertification: $250.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0230 - Suspending, Revoking, or Denying a Training Program's Accreditation; Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority may:
(a) Enter private or public
			 property at any reasonable time with consent of the owner or custodian of the
			 property to inspect or investigate as necessary to determine compliance with
			 ORS 431A.355;
(b) Issue subpoenas to determine compliance
			 with ORS 431A.355;
(c) Suspend, revoke, or deny an accreditation
			 if the holder of the accreditation fails to comply with state or federal
			 statutes or regulations related to lead-based paint; and
(d) Issue civil penalties not to exceed
			 $5,000 per violation for a violation of ORS
			 431A.355, or any of these rules,
			 including failure or refusal to permit entry or inspection in accordance with
			 this rule.
(A) In issuing civil penalties the
			 Authority shall consider whether:
(i) The
			 Authority made repeated attempts to obtain compliance;
(ii) The training program has a history of
			 noncompliance with environmental statutes or regulations;
(iii) The violation poses a serious risk to
			 the public's health;
(iv) The
			 training program gained financially from the noncompliance; and
(v) There are mitigating factors, such as the
			 training program's cooperation with an investigation or actions to come into
			 compliance.
(B) The
			 Authority shall document its consideration of the factors in paragraph
			 (1)(d)(A) of this rule.
(C) Each
			 day a violation continues is an additional violation.
(D) A civil penalty imposed under this rule
			 shall comply with ORS
			 183.745.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 70 - PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT › Section 333-070-0240 - Accreditation Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Accreditations
			 and reaccreditations are issued for four years.
(2) The following accreditation and
			 reaccreditation fees are established and are non-refundable:
(a) Renovator Initial - $560 -
			 $340:
(b) Dust Sampling Technician
			 Initial - $560 - $340:
(c)
			 Renovator Refresher - $400 - $310:
(d) Dust Sampling Technician Refresher - $400
			 - $310
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0000 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 441 .055
Stats. Implemented: ORS 441 .015 -
				  441.087
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0005 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 441 .055
Stats. Implemented: ORS 441.020 -
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0045 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 441.055
Stats. Implemented: ORS 441.057 &
				  441.060
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0125 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 441.020, 442.015
Stats. Implemented: ORS 441.020,
				  442.015
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0200 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of these rules is to establish standards for the licensure of special
			 inpatient care facilities (SICF) to ensure the health and safety of individuals
			 who receive services from these facilities.
(2) An SICF classified as a religious
			 institution is exempt from these rules except for:
(a) OAR 333-071-0200  through 0290;
(b) OAR 333-071-0310  through 0320;
(c) OAR 333-071-0345;
(d) OAR 333-071-0350;
(e) OAR 333-071-0380;
(f) OAR 333-071-0410;
(g) OAR 333-071-0420(1)(a) through
			 (f);
(h) OAR 333-071-0440;
(i) OAR 333-071-0450;
(j) OAR 333-071-0510; and
(k) OAR 333-071-0550  though OAR
			 333-071-0580.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 333, division 71, unless the context
				requires otherwise, the following definitions apply:
(1) "Assessment" means a complete nursing
			 assessment, including:
(a) The systematic and
			 ongoing collection of information to determine an individual's health status
			 and need for intervention;
(b) A
			 comparison with past information; and
(c) Judgement, evaluation or a conclusion
			 that occurs as a result of subsections (a) and (b) of this
			 definition.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0210 - License Application 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 SICF
			 shall submit an application on a form prescribed by the Authority and pay the
			 applicable nonrefundable hospital fee as specified in ORS
			 441.020.
(2) If an applicant is proposing a new SICF,
			 the applicant shall also submit evidence of plans review approval as required
			 by OAR chapter 333, division 675.
(3) An SICF must inform the Authority in
			 writing of any changes in ownership, organizational structure, or other
			 information required on the application form, within 30 days of the change.
			 Failure to notify the Authority may result in denial or revocation of the
			 license.
(4) An applicant that has
			 a certificate of accreditation and deemed status for Medicare certification
			 from an accrediting organization approved by the Authority shall provide the
			 certificate to the Authority with its license application, and shall include:
(a) All survey and inspection reports; and
(b) Written evidence of all
			 corrective actions underway, or completed, in response to recommendations,
			 including all progress reports.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0215 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In reviewing an
			 application for a new SICF the Authority shall:
(a) Verify compliance with the applicable
			 sections of ORS chapters 441, 442 and 476, these rules and OAR chapter 333,
			 division 675;
(b) Determine whether
			 a certificate of need is required and was obtained for a new SICF;
(c) Conduct an on-site licensing survey in
			 coordination with the State Fire Marshal's Office; and
(d) Verify compliance with conditions of
			 participation or conditions for coverage if the applicant has requested
			 Medicare or Medicaid certification.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0220 - Approval of 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 or governmental units named in the application
			 and it is not transferable or assignable.
(3) The license shall be conspicuously posted
			 in the area where patients are admitted.
(4) No SICF licensed pursuant to the
			 provisions of ORS chapter 441 and these rules, shall in any manner or by any
			 means assert, represent, offer, provide or imply that such person or SICF 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 the SICF by the Authority, nor shall
			 any service be offered or provided which is not authorized within the scope of
			 the license issued to the SICF.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.015  & 441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0225 - Fees for Complaint Investigations and Compliance Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				441.021,
				the Authority may charge an additional fee for complaint investigations, full
				compliance surveys, on-site follow-up surveys, or off-site follow-up
				surveys.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.020 &
				  441.021
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0230 - Expiration and Renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each license to operate an SICF shall
			 expire on December 31 following the date of issue, and if a renewal is desired,
			 the licensee shall make application and pay the appropriate fee at least 30
			 days prior to the expiration date upon a form prescribed by the
			 Authority.
(2) For emergency
			 preparedness planning and licensing purposes, a licensee shall provide, in its
			 application for license renewal:
(a) The
			 number of beds currently in use or capable of being used;
(b) The total number of beds that could be
			 used with only minor alterations, taking into consideration existing equipment,
			 the ancillary service capability of the facility, and the physical environment
			 required by these rules, as applicable; and
(c) The number of beds to be
			 licensed.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0235 - Denial of 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
				  441.030
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0240 - Return of SICF License and SICF Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an SICF 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 SICF 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 SICF that decides
			 to voluntarily permanently close shall notify the Authority at least 14 days
			 prior to the closure and submit a plan for 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.
			 Medical records may be thinned to include only the admission and discharge
			 sheet (face sheet), discharge summary, history and physical, operative
			 report(s), pathology report(s), and X-ray report(s).
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 333-071-0245 - Discontinuance and Recommencement of Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an SICF wishes to temporarily
			 discontinue operation but retain its license to operate, the SICF shall notify
			 the Authority of the fact at least 14 days prior to the temporary
			 discontinuance.
(2) An SICF shall
			 issue a multimedia press release in accordance with OAR
			 333-071-0240(2).
(3) Before any
			 patient is admitted to an SICF that has temporarily discontinued operation, the
			 SICF shall request that the Authority conduct an on-site survey to determine
			 whether the SICF is in compliance with SICF licensing laws, conditions of
			 participation or conditions for coverage if applicable.
(4) An SICF may not renew operation until it
			 receives approval, in writing, from the Authority.
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 333-071-0250 - Classification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SICF shall
			 be classified as follows:
(a) Freestanding
			 hospice facility;
(b)
			 Rehabilitation hospital;
(c)
			 Religious institution; or
(d)
			 Substance use disorder treatment facility.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0260 - Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) While all SICFs
			 are required to maintain continuous compliance with the Authority'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. A request for a waiver from a rule
			 must be:
(a) Submitted to the Authority in
			 writing;
(b) Identify the specific
			 rule for which a waiver is requested;
(c) The special circumstances relied upon to
			 justify the waiver;
(d) What
			 alternatives were considered, if any, and why alternatives (including
			 compliance) were not selected;
(e)
			 Demonstrate that the proposed waiver is desirable to maintain or improve the
			 health and safety of the patients, and will not jeopardize patient health and
			 safety; and
(f) The proposed
			 duration of the exception.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0270 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 make a complaint verbally or in writing to the Authority regarding an
			 allegation against an SICF of a violation of any SICF licensing law or
			 condition of participation.
(2) The
			 identity of a person making a complaint and any personal identifiable
			 information, as that is defined in ORS
			 432.005, is
			 confidential and not subject to disclosure under ORS
			 192.311 to
			 192.478.
(3) An investigation will be carried out as
			 soon as practicable after receipt of a complaint in accordance with OAR
			 333-071-0280.
(4) If the complaint
			 involves an allegation of criminal conduct or an allegation that is within the
			 jurisdiction of another local, state, or federal agency, the Authority will
			 refer the matter to that agency.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.057
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0280 - Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As soon as
			 practicable after receiving a complaint, taking into consideration the nature
			 of the complaint, Authority staff will begin an investigation.
(2) An SICF shall permit Authority staff
			 access to the facility during an investigation.
(3) An investigation may include but is not
			 limited to:
(a) Interviews of the
			 complainant, patients of the SICF, patient family members, witnesses, SICF
			 management and staff;
(b) On-site
			 observations of patients, staff performance, and the physical environment of
			 the SICF; and
(c) Review of
			 documents and records.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0290 - Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 shall, in addition to any investigations conducted under OAR 333-071-0280,
			 conduct at least one on-site licensing survey of each SICF every three years to
			 determine compliance with SICF licensing laws and at such other times as the
			 Authority deems necessary.
(2) In
			 lieu of an on-site inspection required under section (1) of this rule, the
			 Authority may accept:
(a) CMS certification
			 by a federal agency or an approved accrediting organization; or
(b) A survey conducted within the previous
			 three years by an accrediting organization approved by the Authority, if:
(A) The certification or accreditation is
			 recognized by the Authority as addressing the standards and condition of
			 participation requirements of the CMS and other standards set by the Authority.
			 An SICF must provide the Authority with the letter from CMS indicating its
			 deemed status;
(B) The SIFC notifies
			 the Authority to participate in any exit interview conducted by the federal
			 agency or accrediting body; and
(C)
			 The SIFC provides copies of all documentation concerning the certification or
			 accreditation requested by the Authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0300 - Nurse Staffing Audit and Complaint Investigation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
An SICF is subject to and shall comply with hospital nurse
				staffing audit procedures and hospital nurse staffing complaint investigation
				procedures specified in OAR chapter 333, division 501.
Statutory/Other Authority:
ORS
				  441.025,
				  441.057,
				  441.171  & 441.175
Statutes/Other Implemented:
ORS
				  441.057  & 441.171
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0310 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to non-compliance with any SICF licensing law,
				condition of participation or condition for coverage, it is a violation to:
(1) Refuse to cooperate with an
			 investigation or survey, including but not limited to failure to permit
			 Authority staff access to the SICF, its documents or records;
(2) Fail to implement an approved plan of
			 correction;
(3) Fail to comply with
			 all applicable laws, lawful ordinances and rules relating to safety from
			 fire;
(4) Refuse or fail to comply
			 with an order issued by the Authority;
(5) Refuse or fail to pay a civil penalty; or
(6) Fail to comply with rules
			 governing the storage of medical records following the closure of a facility.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.015,
				  441.025,
				  441.030  & 441.175
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0315 - Informal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If,
			 during an investigation or survey Authority staff document violations of SICF
			 licensing laws, conditions of participation or conditions for coverage, the
			 Authority may issue a statement of deficiencies that cites the law alleged to
			 have been violated and the facts supporting the allegation.
(2) A signed plan of correction must be
			 received by the Authority within 10 business days from the date the statement
			 of deficiencies was mailed to the SICF. A signed plan of correction will not be
			 used by the Authority as an admission of the violations alleged in the
			 statement of deficiencies.
(3) An
			 SICF shall correct all deficiencies within 60 days from the date of the exit
			 conference, unless an extension of time is requested from the Authority. A
			 request for such an extension shall be submitted in writing and must accompany
			 the plan of correction.
(4) The
			 Authority shall determine if a written plan of correction is acceptable. If the
			 plan of correction is not acceptable to the Authority, the Authority shall
			 notify the SICF administrator in writing and request that the plan of
			 correction be modified and resubmitted no later than 10 working days from the
			 date the letter of non-acceptance was mailed to the administrator.
(5) If the SICF does not come into compliance
			 by the date of correction reflected on the plan of correction or 60 days from
			 the date of the exit conference, whichever is sooner, the Authority may propose
			 to deny, suspend, or revoke the SICF license, or impose civil penalties.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.015  & 441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0320 - Formal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If,
			 during an investigation or survey, Authority staff document substantial failure
			 to comply with SICF licensing laws, conditions of participation or conditions
			 for coverage or if an SICF fails to pay a civil penalty imposed under ORS
			 441.170,
			 the Authority may issue a Notice of Proposed Suspension or Notice of Proposed
			 Revocation in accordance with ORS
			 183.411 through
			 183.470.
(2) The Authority may issue a Notice of
			 Imposition of Civil Penalty for violations of SICF licensing laws.
(3) At any time, the Authority may issue a
			 Notice of Emergency License Suspension under ORS
			 183.430(2).
(4) If the Authority revokes an SICF license,
			 the order shall specify when, if ever, the SICF may reapply for a license.
Statutory/Other Authority:
ORS
				  441.025
Statutes/Other Implemented:
ORS
				  441.015  & 441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 71 - SPECIAL INPATIENT CARE FACILITIES › Section 333-071-0330 - Approval of Accrediting Organization

Current through Register Vol. 63, No. 7, July 1, 2024
An accrediting organization may request approval by the
				Authority in accordance with OAR 333-501-0060.
Statutory/Other Authority:
ORS
				  441.062
Statutes/Other Implemented:
ORS
				  441.062