reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0820 - Approval of ESC License Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "operating
			 room" means a room designated and equipped for performing invasive procedures
			 and includes procedure rooms where surgical procedures that do not required a
			 sterile environment are performed.
(2) The Authority shall notify an applicant
			 in writing if a license application is approved and shall include the license
			 with the appropriate information.
(3) 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.
(4) The license shall be conspicuously posted
			 in the area where patients are admitted.
(5) No person or ESC 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.
(6) An ESC must not be located within a rural
			 area as defined by the Office of Rural Health.
(7) In order to be licensed and to maintain a
			 license, an ESC must be affiliated with an Oregon licensed ASC whose license is
			 in good standing. The affiliated ASC:
(a) May
			 not be affiliated with any other ESC;
(b) Must be physically contiguous with the
			 ESC;
(c) Must be certified by the
			 CMS as participating in the ASC quality reporting program administered by
			 CMS;
(d) Must be accredited by an
			 accrediting organization approved by CMS in accordance with
			 42
			 CFR 488.4; and
(e) Must have demonstrated safe operating
			 procedures in an outpatient surgery setting located in Oregon for no less than
			 24 consecutive months. Safe operating procedures are demonstrated by the
			 absence of any condition level deficiency pursuant to the CMS, Conditions for
			 Coverage for Ambulatory Surgery Centers that has not been corrected.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0830 - Denial of ESC 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  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.025,
				  441.030  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0840 - Expiration and Renewal of ESC License

Current through Register Vol. 63, No. 7, July 1, 2024
Each license to operate an ESC 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
				333-076-0805.
Statutory/Other Authority: ORS
				  441.025  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.020,
				  441.025  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0850 - Return of ESC License and ESC Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an ESC license is suspended, revoked,
			 or if an ESC decides to permanently close, the license certificate in the
			 licensee's possession shall be returned to the Authority immediately.
(2) If an ESC 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 ESC 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  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.025  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0860 - ESC Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority shall, in addition to any investigations conducted under OAR
			 333-076-0880, conduct at least one on-site licensing survey of each ESC every
			 three years to determine compliance with health care facility licensing laws
			 and at such other times as the Authority deems necessary.
(2) An ESC shall permit Authority staff
			 access to the facility during a survey.
(3) A survey may include but is not limited
			 to:
(a) Interviews of patients, patient family
			 members, ESC management and staff;
(b) On-site observations of patients, staff
			 performance, and the physical environment of the facility;
(c) Review of documents and records,
			 including documents and records of the affiliated ASC if necessary; and
(d) Patient audits.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0870 - ESC 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 ESC of a violation of health care facility licensing
			 laws or regulations.
(2) The
			 identity of a person making a complaint and any personally 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
			 333-076-0880.
(4) An ESC shall post
			 a notice in the facility, in a prominent place and size that must include, but
			 is not limited to the following: "If you have concerns about this extended stay
			 center and the services provided here, contact the Oregon Health Authority,
			 Health Care Regulation and Quality Improvement Program: 800 NE Oregon Street,
			 Suite 465, Portland OR 97232; 971-673-0540."
Statutory/Other Authority: ORS
				  441.025  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.025,
				  441.057  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0880 - ESC 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 ESC 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 ESC, patient family members, witnesses, ESC management and
			 staff;
(b) On-site observations of
			 patients, staff performance, and the physical environment of the hospital;
			 and
(c) Review of documents and
			 records, including documents and records of the affiliated ASC.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0890 - ESC Health Care Practitioner Credentialing

Current through Register Vol. 63, No. 7, July 1, 2024
Each ESC shall comply with the health care practitioner
				credentialing requirements in accordance with OAR chapter 409, division
				045.
Statutory/Other Authority: ORS
				  441.223  & 441.233
Statutes/Other Implemented: ORS
				  441.226  & 441.228
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0900 - ESC Governing Body

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 governing body of each ESC 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:
(a) Establish in writing the ESC's scope of
			 services and qualifications for an administrator;
(b) Designate an administrator, in writing,
			 who is directly responsible for the daily operations of the ESC;
(c) Ensure that all health care personnel for
			 whom state licenses or registration are required are currently licensed or
			 registered;
(d) Ensure that
			 physicians and dentists admitted to practice in the facility are granted
			 privileges consistent with their individual training, experience and other
			 qualifications;
(e) Ensure that
			 procedures for granting, restricting and terminating privileges exist and that
			 such procedures are regularly reviewed to assure their conformity to applicable
			 law;
(f) Ensure that physicians and
			 dentists admitted to practice in the facility are organized into a medical
			 staff insofar as applicable in such a manner as to effectively review the
			 professional practices of the facility for the purposes of reducing morbidity
			 and mortality and for the improvement of patient care; and
(g) Ensure that a physician or dentist is not
			 denied medical staff membership or privileges at the facility solely on the
			 basis that the physician or dentist holds medical staff membership or
			 privileges at another ESC.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0910 - ESC Medical Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The physicians
			 and dentists organized into a medical staff pursuant to OAR 333-076-0900  shall
			 propose medical staff bylaws to govern the medical staff. The bylaws shall
			 include, but not be limited to the following:
(a) Procedures for physicians and dentists
			 admitted to practice in the ESC to organize into a medical staff;
(b) Procedures for ensuring that physicians
			 and dentists admitted to practice in the ESC are granted privileges consistent
			 with their individual training, experience and other qualifications;
(c) Provisions establishing a framework for
			 the medical staff to nominate, elect, appoint or remove officers and other
			 persons to carry out medical staff activities with accountability to the
			 governing body;
(d) Procedures for
			 ensuring that physicians and dentists admitted to practice in the ESC are
			 currently licensed by the Oregon Medical Board or the Oregon Board of
			 Dentistry;
(e) Procedures for
			 ensuring that the ESC's procedures for granting, restricting and terminating
			 privileges are followed and that such procedures are regularly reviewed to
			 assure their conformity to applicable law; and
(f) Procedures for ensuring that physicians
			 and dentists provide services within the scope of the privileges granted by the
			 governing body.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0920 - ESC Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each ESC
			 shall maintain a sufficient number of qualified personnel to provide effective
			 patient care and all other related services that are separate and distinct from
			 the affiliated ASC.
(2) There shall
			 be written personnel policies and procedures which shall be made available to
			 personnel.
(3) Provisions shall be
			 made for initial orientation.
(4)
			 Provisions shall be made for an annual continuing education plan.
(5) There shall be a job description for each
			 position which delineates the qualifications, duties, authority and
			 responsibilities inherent in each position.
(6) There shall be an annual work performance
			 evaluation for each employee with appropriate records maintained.
(7) The facility shall assure that each
			 licensed or certified employee is knowledgeable of the laws and rules governing
			 his or her performance and that employees function within those performance
			 standards.
(8) The actions taken
			 under this rule and all results thereof shall be fully documented for each
			 employee. Such documentation is subject to review by authorized representatives
			 of the Authority.
Statutory/Other Authority: ORS
				  441.025  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.025  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0940 - ESC Admission Criteria, Patient Care and Discharge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A patient may
			 only be admitted to an ESC if the patient:
(a)
			 Was discharged from the affiliated ASC where the procedure was performed in
			 accordance with these rules;
(b)
			 Will require a stay of not more than 48 hours from the time the patient was
			 admitted to the affiliated ASC;
(c)
			 Falls within the American Society of Anesthesiologists, Physical Status
			 Classification System: ASA I or ASA II, or ASA III with only mild to moderate
			 systematic disease but medically stable; and
(d) Is physiologically stable at the time of
			 admission and has experienced no intraoperative or postoperative complications
			 that would cause the patient to be ineligible for admission based on these
			 rules.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0950 - ESC Patient Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ESC shall
			 have a policy for essential life saving measures and stabilization of a patient
			 and immediate transfer, to a local hospital, of a patient requiring medical
			 care that exceeds the capabilities of the ESC or when care extends beyond the
			 48-hour time frame from admission to the affiliated ASC. The policy must
			 address the following:
(a) Circumstances
			 warranting transfer, including the person responsible for making the transfer
			 decision;
(b) Documentation that
			 must accompany the patient being transferred including but not limited the
			 requirements identified in OAR 333-076-0165(3)(b)  and the name of the
			 affiliated ASC; and
(c) Arrangement
			 for immediate emergency transport of the patient including communication with
			 the local receiving hospital.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0960 - ESC Nursing Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In an ESC, a
			 registered nurse with experience in post-operative care shall be responsible
			 for the direction of nursing services and for the nursing care provided to
			 patients.
(2) The number and types
			 of nursing staff necessary for an ESC shall be based on the number of patients
			 and the health care needs of each patient.
(a) At least one registered nurse and one of
			 the following employees shall be on duty at all times patients are present in
			 the ESC:
(A) Nursing staff;
(B) Health care professional licensed by a
			 health care professional licensing board defined in ORS
			 676.160;
			 or
(C) Unlicensed assistive
			 personnel.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0970 - ESC Pharmacy Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In an ESC
			 that does not have a pharmacy on the premises, stock quantities of prescription
			 drugs, including local anesthetics, shall be stored on the premises only when
			 such drugs have been obtained for dispensation or administration to respective
			 patients by a physician, dentist, podiatrist or other person authorized within
			 the scope of his or her license to so dispense or administer such drugs.
			 Prescribed drugs already prepared for patients in the ESC may also be stored on
			 the premises.
(2) Old medications,
			 including special prescriptions for patients who have left the facility, shall
			 be disposed of by incineration or other equally effective method, except
			 narcotics and other drugs under the drug abuse law, which shall be handled in
			 the manner prescribed by the Drug Enforcement Administration of the United
			 States Department of Justice and the Oregon Board of Pharmacy.
(3) Drugs shall not be administered to
			 patients unless ordered by a physician, dentist, podiatrist or individual
			 authorized within the scope of his or her professional license to prescribe
			 drugs. Such order shall be in writing over the physician's or other authorized
			 individual's signature or authentication.
(4) Prescription drugs dispensed by a
			 physician shall be personally dispensed by the physician. Dispensing functions
			 may be delegated to staff assistants when the accuracy and completeness of the
			 prescription is verified by the physician and where no independent judgement of
			 the staff assistant is required.
(5) The dispensing physician shall label
			 prescription drugs with the following information:
(a) Name of patient;
(b) The name and address of the dispensing
			 physician;
(c) Date of
			 dispensing;
(d) The name of the
			 drug. If the dispensed drug does not have a brand name, the prescription label
			 shall indicate the generic name of the drug dispensed along with the name of
			 the drug distributor or manufacturer, its quantity per unit and the directions
			 for its use stated in the prescription. However, if the drug is a compound, the
			 quantity per unit need not be stated;
(e) Cautionary statements, if any, as
			 required by law; and
(f) When
			 applicable, and as determined by the Oregon Board of Pharmacy, an expiration
			 date after which the patient should not use the drug.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0980 - ESC Laboratory Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Laboratory services shall be available for every patient either through the use
			 of a licensed clinical laboratory in the ESC or a written contract with a
			 licensed clinical laboratory.
(2)
			 Notwithstanding section (1) of this rule, an affiliated ASC may provide
			 laboratory services for the ESC if:
(a) The
			 ASC is able to provide the laboratory services and complies with OAR
			 333-076-0155;
(b) There is a
			 written agreement between the affiliated ASC and the ESC to provide laboratory
			 services; and
(c) All patient
			 records for laboratory services are kept separate and distinct from the ASC
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0990 - ESC Radiologic Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An ESC may provide radiologic services directly or under a contract with the
			 affiliated ASC or other party.
(2)
			 All radiologic services must meet hospital radiologic service requirements at
			 42 CFR
			 482.26(b), (c)(2) and
			 (d)(2), regardless of whether the service is
			 provided directly or under contract.
Statutory/Other Authority: ORS
				  441.025  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.025  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1000 - ESC Dietary Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ESC shall
			 provide dietary services to admitted patients that conforms to Food Sanitation
			 Rules, OAR chapter 333, division 150.
(2) An ESC may contract with an external
			 vendor to prepare and deliver food to the ESC. The ESC must:
(a) Have a written contract between the food
			 service vendor and the ESC;
(b)
			 Have a copy of the food service vendor's license; and
(c) Be able to store, refrigerate and reheat
			 food to meet the dietary needs of a patient.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1010 - ESC Medical Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ESC
			 medical record shall be maintained for every patient admitted to the ESC for
			 care that is separate and distinct from the affiliated ASC.
(2) Each ESC patient medical record shall be
			 legible, reproducible and include at a minimum:
(a) A copy of the patient's medical record
			 from the affiliated ASC meeting the requirements of OAR
			 333-076-0165(2);
(b) Laboratory and
			 radiology test results;
(c)
			 Medication and medical treatments;
(d) Progress notes;
(e) Nursing observation and
			 assessment;
(f) Treatment
			 plans;
(g) Discharge instructions
			 and condition at discharge;
(h)
			 Transfer documentation, if applicable;
(i) Documentation concerning advance
			 directives, if any; and
(j) Signed
			 discharge summary.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1020 - ESC Quality Assessment and Performance Improvement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The governing body of an ESC must ensure
			 that there is an effective, facility-wide quality assessment and performance
			 improvement program that demonstrates measurable improvement in patient health
			 outcomes, and improves patient safety by using quality indicators or
			 performance measures associated with improved health outcomes and by the
			 identification and reduction of medical errors.
(2) The ESC must measure, analyze, and track
			 quality indicators, adverse patient events, infection control and other aspects
			 of performance that includes care and services furnished in the ESC. Written
			 documentation of quality assessment and performance improvement activities
			 shall be recorded at least quarterly.
(3) After an analysis of the causes for
			 adverse events, the ESC must develop and implement facility-wide preventive
			 strategies and ensure that staff are trained in and familiar with these
			 strategies.
(4) The ESC must set
			 priorities for its performance improvement activities that:
(a) Focus on high risk, high volume and
			 problem prone areas;
(b) Consider
			 incidence, prevalence and severity of problems in those areas; and
(c) Affect health outcomes, patient safety
			 and quality of care.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1030 - ESC Infection Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each ESC shall establish and maintain an active facility-wide infection control
			 program for the control and prevention of infection. The program shall be
			 managed by a qualified individual and overseen by a multi-disciplinary
			 committee which shall be responsible for investigating, controlling and
			 preventing infections in the facility.
(2) Each ESC shall be responsible for
			 developing written policies and for annual review of such policies, relating to
			 at least the following:
(a) Identification of
			 existing or potential infections in patients, employees, medical staff, and
			 health care practitioners with ESC privileges;
(b) Control of factors affecting the
			 transmission of infections and communicable diseases;
(c) Provisions for orienting and educating
			 all employees, medical staff, health care practitioners with ESC privileges and
			 volunteers on the cause, transmission, and prevention of infections;
(d) Collection, analysis, and use of data
			 relating to infections in the ESC.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1040 - ESC Data Collection and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
Data collection and reporting shall be conducted pursuant to
				OAR chapter 409, division 22 and in accordance with Oregon Laws 2018, chapter
				50, section 2.
Statutory/Other Authority: ORS
				  441.025  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.025  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1050 - ESC Physical Environment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On and after January 7, 2019, any person
			 proposing to construct a new ESC, or proposing to make certain alterations or
			 additions to an existing ESC, must, before commencing new construction,
			 alterations, or additions, comply with:
(a)
			 OAR chapter 333, division 675 and these rules; and
(b) The 2018, FGI, Guidelines for Design and
			 Construction of Outpatient Facilities and the 2018, FGI, Guidelines for Design
			 and Construction of Hospitals, as amended and set out in Appendix 1, both of
			 which are adopted by reference, unless otherwise specified in this
			 rule.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1065 - ESC Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) While all
			 ESCs 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) Why the ESC
			 is unable to be in compliance, the alternatives considered and why the
			 alternatives were not selected;
(e)
			 Demonstrate that the proposed waiver is desirable to maintain or improve the
			 health and safety of the patients, to meet the individual and aggregate needs
			 of patients, and shall not jeopardize patient health and safety; and
(f) The proposed duration of the
			 waiver.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1070 - ESC Violations

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to non-compliance with any health care facility
				licensing law, 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 ESC, 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 an
			 ESC.
Statutory/Other Authority: ORS
				  441.025  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.015,
				  441.025,
				  441.030  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1080 - ESC Informal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If,
			 during an investigation or survey Authority staff document violations of health
			 care facility licensing laws, 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 ESC. 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 ESC 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 ESC 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 ESC does not come into compliance by the date of correction reflected on
			 the plan of correction or 60 days from date of the exit conference, whichever
			 is sooner, the Authority may propose to deny, suspend, or revoke the ESC
			 license, or impose civil penalties.
Statutory/Other Authority: ORS
				  441.025  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.015,
				  441.025  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1090 - ESC 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 health care facility licensing laws or if an ESC 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 health care facility 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 ESC license,
			 the order shall specify when, if ever, the ESC may reapply for a
			 license.
Statutory/Other Authority: ORS
				  441.025  & OL 2018 Chapter 50
Statutes/Other Implemented: ORS
				  441.015,
				  441.025  & OL 2018 Chapter 50
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-1100 - ESC Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ESC that
			 violates a health care facility licensing law, including OAR 333-076-1070  (Violations), is subject to the imposition of a fine not to exceed $500 per day
			 per violation.
(2) In addition to
			 the penalties under section (1) of this rule, civil penalties may be imposed
			 for violations of ORS
			 441.015 to
			 441.063,
			 441.086 or program rules.
(3) 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 health care facility 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 80 - ORGAN PROCUREMENT ORGANIZATIONS TISSUE BANKS - EYE BANKS › Section 333-080-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 section of Oregon Administrative Rules:
(a)
			 "Entity" means an individual, corporation, business trust, partnership, limited
			 liability company, association, joint venture or an instrumentality of an
			 entity.
(b) "Eye bank" means an
			 entity that is licensed or regulated under federal or state law to engage in
			 the recovery, screening, testing, processing, storage or distribution of human
			 eyes or parts of human eyes.
(c)
			 "Health care facility" has the meaning given that term in ORS
			 442.015.
(d) "Organ procurement
			 organization" means an entity designated by the United States Secretary of
			 Health and Human Services as an organ procurement organization.
(e) "Tissue bank" means an entity that is
			 licensed or regulated under federal or state law to engage in the recovery,
			 screening, testing, processing, storage or distribution of tissue for
			 transplants.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 80 - ORGAN PROCUREMENT ORGANIZATIONS TISSUE BANKS - EYE BANKS › Section 333-080-0050 - Registration and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An organ procurement organization, tissue bank or eye bank may not do business
			 in Oregon unless it has registered with the Oregon Health Authority.
			 Registration with the Authority must be completed within 30 days after the
			 implementation of these rules on July 1, 2008.
(a) The Authority shall develop a
			 registration form and the transplant organizations shall, at least 30 days
			 prior to implementation, obtain and mail the required form to the
			 Authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish standards for
				licensure of Nontransplant Anatomical Research Recovery
				Organizations.
Stat. Auth.: OL 2013, Ch. 356
Stats. Implemented: OL 2013, Ch.
				  356
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				333-081-0000  through
				333-081-0090 the following definitions apply:
(1)
			 "Accrediting body" means an entity that is approved by the Public Health
			 Division and meets the requirements of Oregon Laws 2013, chapter 356, section
			 4(2).
(2) "Anatomical material"
			 has the meaning given that term in Oregon Laws 2013, chapter 356, section 1(1).
(3) "Division" means the Public
			 Health Division of the Oregon Health Authority.
(4) "Donor" has the meaning given that term
			 in ORS 97.953.
(5) "Human Remains"
			 has the meaning given that term in ORS 97.010.
(6) "Nontransplant anatomical research
			 recovery organization" or "NARRO" has the meaning given that term in Oregon
			 Laws 2013, chapter 356, section 1(3) and is defined as follows:
(a) A NARRO means a person that engages in
			 the recovery or distribution of anatomical material from a donor for research
			 or education purposes other than transplanting the anatomical material or
			 therapy.
(b) A NARRO does not
			 include:
(A) A hospital or other health care
			 facility as those terms are defined in ORS 442.015;
(B) A public corporation as defined in ORS
			 353.010;
(C) A public or private
			 institution of higher education; or
(D) A clinical laboratory, as defined in ORS
			 438.010, that is:
(i) Licensed under ORS
			 438.010 to 438.510; and
(ii) Owned
			 or controlled by, or under common ownership with, a hospital described in
			 paragraph (A) of this subsection.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0010 - Application for Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons
			 meeting the definition of a NARRO as set out in Oregon Laws 2013, chapter 356,
			 section 1(3) and OAR
			 333-081-0005(5)
 
			 may not act as a NARRO or hold themselves out as a NARRO unless licensed as
			 such by the Division.
(2) An
			 applicant wishing to apply for a license to operate a NARRO shall submit an
			 application on the most current form prescribed by the Division and pay the
			 application fee specified in OAR
			 333-081-0035.
(3) An applicant that has obtained
			 accreditation from an accrediting body approved by the Division shall provide
			 proof of accreditation to the Division with its license application and shall
			 include:
(a) All of the approved accrediting
			 body survey and inspection reports; and
(b) Written evidence of all corrective
			 actions underway or completed in response to the approved accrediting body
			 recommendations including progress reports.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0015 - Review of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Following receipt of a completed application and the required fee, the Division
			 must conduct a survey in accordance with OAR
			 333-081-0050  to determine
			 whether the NARRO is in compliance with Oregon Laws 2013, chapter 356, sections
			 2 and 3 and these rules.
(2) In
			 lieu of conducting a survey, the Division may accept proof of accreditation by
			 an accrediting body approved by the Division.
Stat. Auth.: OL 2013, Ch. 356
Stats. Implemented: OL 2013, Ch.
				  356
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0020 - Approval of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division must notify an applicant in
			 writing if a license application is approved and must include a copy of the
			 license.
(2) The Division will
			 issue a license only for the premises and person(s) named in the application
			 and it may not be transferred or assigned.
(3) A licensed NARRO must post the license in
			 a conspicuous location where it is viewable by the public.
Stat. Auth.: OL 2013, Ch. 356
Stats. Implemented: OL 2013, Ch.
				  356
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0025 - Denial of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
If the Division 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.
Stat. Auth.: OL 2013, Ch. 356
Stats. Implemented: OL 2013, Ch.
				  356
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0030 - Expiration and Renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An initial or renewed license expires two
			 years after the date of issuance or renewal.
(2) If the ownership of a NARRO changes, a
			 new license is required.
(3) If
			 renewal or a new license is sought because of a change of ownership, the
			 licensee shall make application at least 45 days prior to the change of
			 ownership using a form prescribed by the Division.
Stat. Auth.: OL 2013, Ch. 356
Stats. Implemented: OL 2013, Ch.
				  356
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0035 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The fee for an
			 initial or renewed NARRO license is $1,750.
(2) All application fees are
			 non-refundable.
Stat. Auth.: OL 2013, Ch. 356
Stats. Implemented: OL 2013, Ch.
				  356
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0040 - Denial, Suspension or Revocation of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A license for a NARRO may be denied,
			 suspended or revoked by the Division if a licensed NARRO has failed to comply
			 with Oregon Laws 2013, chapter 356, sections 2 and 3, OAR
			 333-081-0080  or for
			 violations of laws, regulations or administrative rules that governs how it
			 obtains, processes and distributes donor material.
(2) If the Division intends to suspend or
			 revoke a NARRO license, it shall do so in accordance with ORS 183.411 through
			 183.470.
Stat. Auth.: OL 2013, Ch. 356
Stats. Implemented: OL 2013, Ch.
				  356
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0045 - Return of License

Current through Register Vol. 63, No. 7, July 1, 2024
Each license certificate in the licensee's possession shall be
				returned to the Division immediately upon the suspension or revocation of the
				license, failure to renew the license by the date of expiration, loss of
				accreditation or if operation is discontinued by the voluntary action of the
				licensee.
Stat. Auth.: OL 2013, Ch. 356
Stats. Implemented: OL 2013, Ch.
				  356
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0050 - Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 must, in addition to any investigations conducted pursuant to OAR
			 333-081-0065,
			 conduct at least one survey of each NARRO prior to licensure and once every two
			 years thereafter as a requirement of licensing and at such other times as the
			 Division deems necessary.
(2) In
			 lieu of an on-site inspection required by section (1) of this rule, the
			 Division may accept proof of accreditation by an accrediting body approved by
			 the Division if the NARRO:
(a) Gives the
			 Division sufficient advance notice to allow the Division to participate in any
			 exit interviews conducted by the accrediting body; and
(b) Provides the Division with copies of all
			 documentation concerning the accreditation that it requests.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0055 - Approval of Accrediting Bodies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Division finds that an accrediting
			 body has the necessary qualifications to certify that state licensing standards
			 have been met, the Division will accept accreditation from the accrediting body
			 in accordance with the requirements of OAR
			 333-081-0050(2).
(2) In order to allow the Division
			 to make the finding set forth in section (1) of this rule, the accrediting body
			 must request approval in writing using the most recent approval form provided
			 by the Division and shall provide, at a minimum:
(a) Documentation of program policies and
			 procedures that show that its accreditation process at least meets the
			 requirements set out in Oregon Laws 2013, chapter 356, section 4(2) and these
			 rules;
(b) Documentation
			 evidencing that the accrediting body has the resources and expertise to
			 successfully carry out the accreditation process; and
(c) An attestation that it, or any of its
			 owners or employees, does not have a direct or indirect financial interest in
			 any of the NARROs that it seeks to accredit.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0060 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 make a complaint to the Division regarding an allegation as to violations of
			 Oregon Laws 2013, chapter 356, sections 2 and 3 or these rules.
(2) Upon conclusion of an investigation, the
			 Division shall, upon request, publicly release a report of its findings in
			 accordance with the Oregon Public Records Act. The Division may use any
			 information obtained during an investigation in an administrative or judicial
			 proceeding concerning the licensing of a NARRO.
(3) If a complaint involves an allegation of
			 criminal conduct or an allegation that is within the jurisdiction of another
			 local, state, or federal agency, the Division shall refer the matter to that
			 agency.
Stat. Auth.: OL 2013, Ch. 356
Stats. Implemented: OL 2013, Ch.
				  356
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 81 - NONTRANSPLANT ANATOMICAL RESEARCH RECOVERY ORGANIZATIONS › Section 333-081-0065 - 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, Division staff must begin an investigation.
(2) An investigation may include but is not
			 limited to:
(a) Interviews of the
			 complainant, persons identified by the complainant as having knowledge of the
			 facts alleged in the complaint, NARRO management and staff, and other persons
			 having knowledge of the practices of the NARRO; and
(b) On-site observations of staff performance
			 and of the physical environment of the NARRO facility; and
(c) Review of documents, records and other
			 materials.