reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0025 - Program Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 CERTIFICATION, ENDORSEMENT, AND ENROLLMENT. To operate a 24-hour residential
			 program, a provider must have:
(a) A
			 certificate and an endorsement for a 24-hour residential program as set forth
			 in OAR chapter 411, division 323;
(b) A Medicaid Agency Identification Number
			 assigned by the Department as described in OAR chapter 411, division 370;
			 and
(c) For each specific
			 geographic service area where 24-hour residential services shall be delivered,
			 a Medicaid Performing Provider Number assigned by the Department as described
			 in OAR chapter 411, division 370.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0030 - Issuance of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 person, agency, or governmental unit acting individually or jointly with any
			 other person, agency, or governmental unit shall establish, conduct, maintain,
			 manage, or operate a 24-hour residential program without being licensed for
			 each 24-hour residential setting.
(2) A license is not transferable and is only
			 applicable to the location, home, agency, management agent, or ownership
			 indicated on the application and license.
(3) The Department issues a license to an
			 applicant found to be in compliance with these rules and the rules in OAR
			 chapter 411, divisions 004, 304, 318, and 323. A license is in effect for two
			 years from the date issued unless revoked or suspended.
Statutory/Other Authority:ORS
				  409.050,
				  441.715,
				  443.450 &
				  443.455
Statutes/Other Implemented:ORS
				  441.705-441.720,
				  441.740,
				  441.745,
				  443.384,
				  443.392,
				  443.400-443.445,
				  443.450,
				  443.455,
				  443.880,
				  443.881 &
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0040 - Application for Initial License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At least 30
			 days prior to anticipated licensure, an applicant must submit an application
			 and required non-refundable fee. The application is provided by the Department
			 and must include all information requested by the Department.
(2) The application must identify the number
			 of beds the 24-hour residential setting is presently capable of operating at
			 the time of application, considering existing equipment, ancillary service
			 capability, and the physical requirements as specified by these rules. For
			 purposes of license renewal, the number of beds to be licensed may not exceed
			 the number identified on the license to be renewed unless approved by the
			 Department.
(3) The initial
			 application must include:
(a) A copy of any
			 lease agreements or contracts, management agreements or contracts, and sales
			 agreements or contracts, relative to the operation and ownership of the home;
(b) A floor plan of the home
			 showing the location and size of rooms, exits, smoke alarms, and extinguishers;
			 and
(c) A copy of the Residency
			 Agreement as described in OAR
			 411-325-0300.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0050 - License Expiration, Termination of Operations, License Return

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless revoked,
			 suspended, or terminated earlier, each license to operate a residential home
			 expires two years following the date of issuance.
(2) If the operation of a home is
			 discontinued for any reason, the license is considered to have been terminated.
(3) Each license is considered
			 void immediately if the operation of a home is discontinued by voluntary action
			 of the licensee or if there is a change in ownership.
(4) The license must be returned to the
			 Department immediately upon suspension or revocation of the license or when
			 operation is discontinued.
Stat. Auth.: ORS
				  409.050,
				  443.450,
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0060 - License Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may attach conditions to a license that limit,
				restrict, or specify other criteria for operation of a home. The type of
				condition attached to a license must directly relate to the risk of harm or
				potential risk of harm to individuals.
(1) The Department may attach a condition to
			 a license upon any of the following findings:
(a) Information on the application or initial
			 inspection requires a condition to protect the health, safety, or welfare of
			 individuals.
(b) A threat to the
			 health, safety, or welfare of an individual exists.
(c) There is evidence of abuse.
(d) The home is not being operated in
			 compliance with these rules or the rules in OAR chapter 411, divisions 004,
			 304, 318, and 323.
(e) A provider
			 is licensed to provide services for a specific individual only and further
			 placements may not be made into the home.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0070 - License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A license is
			 renewable upon submission of an application to the Department and the payment
			 of the required non-refundable fee, except that no fee is required of a
			 governmental owned home.
(2) Filing
			 of an application and required fee for renewal prior to the expiration date of
			 a license extends the effective date of the license until the Department acts
			 upon the renewal application. If the renewal application and fee are not
			 submitted prior to the expiration date of a license, the home is unlicensed and
			 subject to the civil penalties described in OAR
			 411-325-0460.
(3) The Department shall conduct a licensing
			 review of a home prior to the renewal of a license. The licensing review shall
			 be unannounced, conducted 30-120 calendar days prior to expiration of the
			 license, and review compliance with these rules and the rules in OAR chapter
			 411, divisions 004, 304, 318, and 323.
(4) The Department may not renew a license if
			 the home is not substantially in compliance with these rules or if the State
			 Fire Marshal or the State Fire Marshal's authorized representative has given
			 notice of noncompliance according to ORS
			 479.220.
Statutory/Other Authority:ORS
				  409.050,
				  441.715,
				  443.450 &
				  443.455
Statutes/Other Implemented:ORS
				  441.705-441.720,
				  441.740,
				  441.745,
				  443.384,
				  443.392,
				  443.400-443.445,
				  443.450,
				  443.455,
				  443.880,
				  443.881 &
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0090 - Change of Ownership, Legal Entity, Legal Status, Management Corporation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The service
			 provider must notify the Department in writing of any pending change in
			 ownership or legal entity, legal status, or management corporation.
(2) A new license is required upon change in
			 ownership, legal entity, or legal status. The service provider must submit a
			 license application and required fee at least 30 days prior to change in
			 ownership, legal entity, or legal status.
Stat. Auth.: ORS
				  409.050,
				  443.450,
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0110 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may grant a variance to these rules based upon a provider's demonstration that
			 an alternative method or different approach provides equal or greater
			 effectiveness and does not violate state or federal laws or adversely impact
			 individuals' welfare, health, safety, or rights.
(2) A provider must submit a variance request
			 to the CDDP. The variance request must be on the applicable Department form and
			 contain the following:
(a) The section of the
			 rule from which the variance is sought;
(b) The reason for the proposed
			 variance;
(c) The alternative
			 practice, service, method, concept, or procedure proposed; and
(d) If the variance applies to the services
			 for an individual, evidence the variance is consistent with the individual's
			 currently authorized ISP.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0120 - Medical Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 provider must have and implement written policies and procedures that maintain
			 and protect individuals' physical health. The policies and procedures must
			 address the following:
(a) Individual health
			 care;
(b) Medication
			 administration;
(c) Medication
			 storage;
(d) Response to emergency
			 medical situations;
(e) Nursing
			 services, if provided;
(f) Disposal
			 of medications; and
(g) Early
			 detection and prevention of infectious disease.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0130 - Food and Nutrition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 provider must support an individual's freedom to have access to his or her
			 personal food at any time. A limitation may only be used when there is a health
			 or safety risk and written informed consent is obtained as described in OAR
			 411-325-0430 and OAR
			 411-004-0040.
(2) Three nutritious meals and two snacks
			 must be provided daily. Meals must be offered at times consistent with those in
			 the community.
(a) Each meal must include
			 food from the basic food groups according to the United States Department of
			 Agriculture (USDA) and include fresh fruit and vegetables when in season,
			 unless otherwise specified in writing by a health care provider.
(b) Food preparation must include
			 consideration of cultural and ethnic backgrounds, as well as the food
			 preferences of individuals. Special consideration must be given to individuals
			 with chewing difficulties and other eating limitations as described in section
			 (3) of this rule.
(c) If an
			 individual misses or plans to miss a meal at a scheduled time, or requests an
			 alternate mealtime, an alternative meal must be made available. Individuals are
			 not restricted to specific mealtimes and are encouraged to choose when, where,
			 and with whom to eat.
(d) Provision
			 of food beyond the required three meals and two snacks are the responsibility
			 of the individual.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0140 - Physical Environment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 floors, walls, ceilings, windows, furniture, and fixtures must be kept in good
			 repair, clean, and free from odors. Walls, ceilings, and floors must be of such
			 character to permit frequent washing, cleaning, or painting.
(2) The interior and exterior must be well
			 and safely maintained and accessible according to individuals' needs.
(3) The water supply and sewage disposal must
			 meet the requirements of the current rules of the Oregon Health Authority
			 governing domestic water supply.
(4) A public water supply must be utilized if
			 available. If a non-municipal water source is used, a sample must be collected
			 yearly by a provider, sanitarian, or technician from a certified water-testing
			 laboratory. The water sample must be tested for coliform bacteria and action
			 taken to ensure potability. Test records must be retained for three
			 years.
(5) Septic tanks or other
			 non-municipal sewage disposal systems must be in good working order.
(6) Incontinence garments must be disposed of
			 in closed containers.
(7) A
			 provider must establish and implement a policy for the appropriate disposal of
			 biohazards and medical waste.
(8)
			 All heating and cooling devices and systems must be installed in accordance
			 with current building codes and must be in working order. Areas of a home used
			 by individuals must be maintained at a temperature within a comfort range
			 reasonable for the individuals residing in the home. Minimum temperatures when
			 individuals are in the home may not be less than 60 degrees Fahrenheit.
(a) During times of extreme summer heat, a
			 provider must make every reasonable effort to make the individuals comfortable
			 and safe using ventilation, fans, or air conditioners. The temperature in a
			 home may not exceed 85 degrees Fahrenheit.
(b) If an individual's needs require a
			 strictly maintained temperature or temperatures outside of a reasonable comfort
			 range, a provider must maintain the environment according to the individual's
			 needs as identified in the individual's ISP.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0150 - General Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All toxic
			 materials, including, but not limited to poisons, chemicals, rodenticides, and
			 insecticides must be:
(a) Properly labeled;
(b) Stored in the original
			 container separate from all foods, food preparation utensils, linens, and
			 medications; and
(c) Stored in a
			 locked area unless the Risk Tracking records for all individuals residing in
			 the home document that there is no risk present.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0170 - Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A home
			 must have staff appropriate to the number of individuals receiving services as
			 follows:
(a) A home with five or fewer
			 individuals must have at least one staff member on the premises of the home
			 when individuals are present.
(b) A
			 24-hour residential setting with five or fewer individuals in apartments must
			 have at least one staff member on the premises of the apartment complex when
			 individuals are present.
(c) A home
			 with six or more individuals must have at least one staff member on the
			 premises of the home for every 15 individuals during awake and sleeping hours,
			 except homes licensed prior to January 1, 1990.
(d) A home with any number of children must
			 provide at least one awake night staff member on the premises of the home when
			 children are present.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0180 - Individual Summary Sheets

Current through Register Vol. 63, No. 7, July 1, 2024
A provider must maintain a current one to two page summary
				sheet for each individual receiving services from the provider. The record must
				include:
(1) The name of the
			 individual and his or her current address, previous address if the individual
			 has lived in the home less than one year, date of entry into the home, date of
			 birth, gender, marital status (for individuals 18 or older), religious
			 preference, preferred hospital, medical prime number and private insurance
			 number (if applicable), and guardianship status; and
(2) The name, address, and telephone number
			 of the following (if applicable):
(a) The
			 legal or designated representative, family, and people significant to the
			 individual, and for a child, the parent and educational surrogate;
(b) The primary care provider and clinic
			 preferred by the individual;
(c)
			 The dentist preferred by the individual;
(d) The identified pharmacy preferred by the
			 individual;
(e) The school, day
			 program, or employer of the individual;
(f) The case manager of the individual, and
			 for Department direct contracts, the Department representative; and
(g) Other agencies and representatives
			 providing services and supports to the individual.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0185 - Emergency Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 provider must maintain emergency information for each individual receiving
			 services from the home in addition to the individual summary sheet described in
			 OAR 411-325-0180.
(2) The emergency information must be kept
			 current and must include:
(a) The name of the
			 individual;
(b) The name, address,
			 and telephone number of the provider;
(c) The address and telephone number of the
			 home where the individual lives;
(d) The physical description of the
			 individual, which may include a picture and the date the picture was taken, and
			 identification of:
(A) The race, gender,
			 height, weight range, hair, and eye color of the individual; and
(B) Any other identifying characteristics
			 that may assist in identifying the individual if the need arises, such as marks
			 or scars, tattoos, or body piercings.
(e) Information on the abilities and
			 characteristics of the individual including:
(A) How the individual communicates;
(B) The language the individual
			 uses or understands;
(C) The
			 ability of the individual to know and take care of bodily functions; and
(D) Any additional information
			 that may assist a person not familiar with the individual to understand what
			 the individual may do for him or herself.
(f) The health support needs of the
			 individual, including:
(A) Diagnosis;
(B) Allergies or adverse drug
			 reactions;
(C) Health issues that
			 a person needs to know when taking care of the individual;
(D) Special dietary or nutritional needs,
			 such as requirements around the textures or consistency of foods and fluids;
(E) Food or fluid limitations due
			 to allergies, diagnosis, or medications the individual is taking that may be an
			 aspiration risk or other risk for the individual;
(F) Additional special requirements the
			 individual has related to eating or drinking, such as special positional needs
			 or a specific way foods or fluids are given to the individual;
(G) Physical limitations that may affect the
			 ability of the individual to communicate, respond to instructions, or follow
			 directions; and
(H) Specialized
			 equipment needed for mobility, positioning, or other health-related needs.
(g) The emotional and
			 behavioral support needs of the individual, including:
(A) Mental health or behavioral diagnosis and
			 the behaviors displayed by the individual; and
(B) Approaches to use when dealing with the
			 individual to minimize emotional and physical outbursts.
(h) Any court ordered or legal representative
			 authorized contacts or limitations;
(i) The supervision requirements of the
			 individual and why; and
(j) Any
			 additional pertinent information the provider has that may assist in the care
			 and support of the individual if a natural or man-made disaster
			 occurs.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0200 - Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Service
			 providers, including employees and volunteers who own or operate vehicles that
			 transport individuals, must:
(a) Maintain the
			 vehicle in safe operating condition;
(b) Comply with Department of Motor Vehicles
			 laws;
(c) Maintain or assure
			 insurance coverage including liability, on all vehicles and all authorized
			 drivers; and
(d) Carry a first aid
			 kit in the vehicle.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0220 - Individual Furnishings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bedroom
			 furniture must be provided or arranged for each individual and include:
(a) A bed including a frame unless otherwise
			 documented by an ISP team decision, a clean comfortable mattress, a waterproof
			 mattress cover if the individual is incontinent, and a pillow;
(b) A private dresser or similar storage area
			 for personal belongings that is readily accessible to the individual; and
(c) A closet or similar storage
			 area for clothing that is readily accessible to the individual.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0230 - Emergency Plan and Safety Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Providers must provide the emergency plan
			 and safety review requirements as described in this rule.
(2) EMERGENCY PLANNING.
(a) Providers must post the following
			 emergency telephone numbers in close proximity to all phones used by staff.
(A) The telephone numbers of the local fire,
			 police department, and ambulance service, if not served by a 911 emergency
			 services; and
(B) The telephone
			 number of the executive director, emergency physician, and additional people to
			 be contacted in the case of an emergency.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0240 - Assessment of Fire Evacuation Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The service provider must assess, within
			 24 hours of an individual's entry to the home, the individual's ability to
			 evacuate the home in response to an alarm or simulated emergency.
(2) The service provider must document the
			 level of assistance needed by each individual to safely evacuate the home and
			 the documentation must be maintained in the individual's entry records.
Stat. Auth. ORS
				  409.050,
				  443.450,
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0250 - Fire Drill Requirements and Fire Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The service provider must conduct
			 unannounced evacuation drills when individuals are present, one per quarter
			 each year with at least one drill per year occurring during the hours of sleep.
			 Drills must occur at different times during day, evening, and night shifts with
			 exit routes being varied based on the location of a simulated fire.
(2) Written documentation must be made at the
			 time of the fire drill and kept by the service provider for at least two years
			 following the drill. Fire drill documentation must include:
(a) The date and time of the drill or
			 simulated drill;
(b) The location
			 of the simulated fire and exit route;
(c) The last names of all individuals and
			 staff present on the premises at the time of the drill;
(d) The type of evacuation assistance
			 provided by staff to individuals' as specified in each individual's safety
			 plan;
(e) The amount of time
			 required by each individual to evacuate or staff simulating the evacuation; and
(f) The signature of the staff
			 conducting the drill.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0260 - Individual Fire Evacuation Safety Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For individuals who are unable to
			 evacuate the residence within the required evacuation time or who with
			 concurrence of the ISP team request not to participate in fire drills, the
			 service provider must develop a written fire safety and evacuation plan that
			 includes the following:
(a) Documentation of
			 the risk to the individual's medical, physical condition, and behavioral
			 status;
(b) Identification of how
			 the individual evacuates his or her residence, including level of support
			 needed;
(c) The routes to be used
			 to evacuate the residence to a point of safety;
(d) Identification of assistive devices
			 required for evacuation;
(e) The
			 frequency the plan is to be practiced and reviewed by the individual and staff;
(f) The alternative practices;
(g) Approval of the plan by the
			 individual's legal or designated representative (as applicable), case manager,
			 and the service provider's executive director; and
(h) A plan to encourage future participation.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0270 - Fire Safety Requirements for Homes on a Single Property or on Contiguous Property Serving Six or More Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The home must provide safety equipment
			 appropriate to the number and level of individuals served and meet the
			 requirements of the State of Oregon Structural Specialty and Fire Code as
			 adopted by the state:
(a) Each home housing
			 six or more, but fewer than 11 individuals or each home that houses five or
			 fewer individuals, but is licensed as a single facility due to the total number
			 of individuals served per the license or meets the contiguous property
			 provision, must meet the requirements of a SR 3.3 occupancy and must:
(A) Provide and maintain permanent wired
			 smoke alarms from a commercial source with battery back-up in each bedroom and
			 at a point centrally located in the corridor or area giving access to each
			 separate sleeping area and on each floor;
(B) Provide and maintain a 13D residential
			 sprinkler system as defined in the National Fire Protection Association
			 standard; and
(C) Have simple
			 hardware for all exit doors and interior doors that may not be locked against
			 exit that has an obvious method of operation. Hasps, sliding bolts, hooks and
			 eyes, double key deadbolts, and childproof doorknobs are not permitted. Any
			 other deadbolts must be single action release so as to allow the door to open
			 in a single operation.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0280 - Fire Safety Requirements for Homes or Duplexes Serving Five or Fewer Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 home or duplex unit must be made fire safe.
(a) Each home or duplex unit must have a
			 minimum of two exterior doorway exits allowing for egress.
(b) Sleeping and living quarters must have a
			 minimum of two unobstructed exits.
(c) A class 2A10BC fire extinguisher that is
			 easily accessible must be provided on each floor in each home or duplex
			 unit.
(d) Permanent wired smoke
			 alarms from a commercial source with battery back-up must be provided and
			 maintained in each bedroom and at a point centrally located on each floor in
			 the corridor or area giving access to each separate sleeping area.
(e) A 13D residential sprinkler system in
			 accordance with the National Fire Protection Association Code must be provided
			 and maintained. Homes or duplexes are granted an exception from the residential
			 sprinkler system requirement according to section (2) of this rule.
(f) Hardware for all exit doors and interior
			 doors must be simple hardware that may not be locked against exit and must have
			 an obvious method of operation. Hasp, sliding bolts, hooks and eyes, double key
			 deadbolts, and childproof doorknobs are not permitted. A deadbolt must be
			 single action release to allow a door to open in a single operation.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0290 - Fire Safety Requirements for Apartments Serving Five or Fewer Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 apartment must be made fire safe by:
(a)
			 Providing and maintaining in each apartment, battery-operated smoke alarms with
			 a 10-year life in each bedroom and in a central location on each floor;
(b) Providing first floor
			 occupancy apartments. Individuals who are able to exit in three minutes or less
			 without assistance may be granted a variance from the first floor occupancy
			 requirement;
(c) Providing a class
			 2A10BC portable fire extinguisher easily accessible in each apartment;
(d) Providing access to telephone
			 equipment or intercom in each apartment usable by the individual receiving
			 services; and
(e) Providing
			 constantly usable unblocked exits from the apartment and apartment building.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0300 - Residency Agreements, Individual Rights, Complaints, Notification of Planned Action, and Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 RESIDENCY AGREEMENTS.
(a) A provider must
			 enter into a written Residency Agreement with each individual specifying, at a
			 minimum, the following:
(A) The rights and
			 responsibilities of the individual and the provider; and
(B) The eviction process, notice
			 requirements, and appeal rights available to each individual.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0320 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  410.070,
				  443.450 &
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0330 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  410.070,
				  443.450 &
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0340

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  410.070,
				  443.450 &
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0350 - Behavior Supports and Physical Restraints for Adults

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this rule, a designated person is the person
				implementing the behavior supports identified in an adult's Positive Behavior
				Support Plan.
(1) BEHAVIOR SUPPORTS.
			 Professional behavior services and behavior supports must be delivered in
			 accordance with OAR 411-323-0060(4).
(2) SAFEGUARDING INTERVENTIONS AND
			 SAFEGUARDING EQUIPMENT.
(a) A designated
			 person must only utilize a safeguarding intervention or safeguarding equipment
			 when:
(A) BEHAVIOR. Used to address an adult's
			 challenging behavior, the safeguarding intervention or safeguarding equipment
			 is included in the adult's Positive Behavior Support Plan written by a
			 qualified behavior professional as described in OAR
			 411-304-0150 and implemented
			 consistent with the individual's Positive Behavior Support Plan.
(B) MEDICAL. Used to address an adult's
			 medical condition or medical support need, the safeguarding intervention or
			 safeguarding equipment is included in a medical order written by the adult's
			 licensed health care provider and implemented consistent with the medical
			 order.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0352 - Behavior Supports for Children

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this rule, a designated person is the person
				implementing the behavior supports identified in a child's Positive Behavior
				Support Plan.
(1) BEHAVIOR SUPPORTS.
			 Professional behavior services and behavior supports must be delivered in
			 accordance with OAR 411-323-0060(4).
(2) Behavior supports must not include any of
			 the following characteristics:
(a)
			 Abusive.
(b) Aversive.
(c) Coercive.
(d) For convenience.
(e) Disciplinary.
(f) Demeaning.
(g) Mechanical restraint.
(h) Prone or supine restraint.
(i) Pain compliance.
(j) Punishment.
(k) Retaliatory.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0355 - Restraint and Involuntary Seclusion of a Child

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PROHIBITIONS.
(a) Involuntary seclusion of a child is
			 prohibited.
(b) A child may not be
			 placed in a restraint except as described in section (2) of this
			 rule.
(c) The use of any of the
			 following types of restraint of a child is prohibited:
(A) A restraint with any of the following
			 characteristics:
(i) Abusive.
(ii) Aversive.
(iii) Coercive.
(iv) Demeaning.
(v) Disciplinary.
(vi) For convenience.
(vii) Punishment.
(viii) Retaliatory.
(B) Chemical restraint.
(C) Mechanical restraint.
(D) Prone restraint.
(E) Supine restraint.
(F) Any restraint that includes the
			 intentional and nonincidental use of a solid object, including the ground, a
			 wall, or the floor, to impede a child's movement, unless the restraint is
			 necessary to gain control of a weapon. The use of a solid object is not
			 prohibited when the object is used solely for the stability and support of the
			 person placing the child in a restraint and the object does not apply pressure
			 to the child's body.
(G) Any
			 restraint that places, or creates a risk of placing, pressure on a child's neck
			 or throat.
(H) Any restraint that
			 places, or creates a risk of placing, pressure on a child's mouth, unless the
			 restraint is necessary for the purpose of extracting a body part from a
			 bite.
(I) Any restraint that
			 impedes, or creates a risk of impeding, a child's breathing.
(J) Any restraint that involves the
			 intentional placement of any object or a hand, knee, foot, or elbow on a
			 child's neck, throat, genitals, or other intimate parts.
(K) Any restraint that causes pressure to be
			 placed, or creates a risk of causing pressure to be placed, on a child's
			 stomach, chest, joints, throat, or back by a knee, foot, or elbow.
(L) Any other action, the primary purpose of
			 which is to inflict pain.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0360 - Psychotropic Medications and Medications for Behavior

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Psychotropic medications and medications
			 for behavior must be:
(a) Prescribed by a
			 physician or health care provider through a written order; and
(b) Monitored by the prescribing physician or
			 health care provider, ISP team, and provider for desired responses and adverse
			 consequences.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0370 - Individuals' Personal Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The service provider must prepare and maintain an accurate individual written
			 record of personal property that has significant or monetary value to each
			 individual as determined by a documented ISP team or legal representative
			 decision.
(2) The record must
			 include:
(a) The description and identifying
			 number, if any;
(b) Date of
			 inclusion in the record;
(c) Date
			 and reason for removal from the record;
(d) Signature of staff making each entry; and
(e) A signed and dated annual
			 review of the record for accuracy.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0380 - Handling and Managing Individuals' Money

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A provider must have and implement
			 written policies and procedures for the handling and management of individuals'
			 money. Such policies and procedures must provide for:
(a) An individual to manage his or her own
			 funds unless the ISP documents an individualized need for support to manage
			 personal funds;
(b) Safeguarding of
			 an individual's funds;
(c)
			 Individuals receiving and spending their money; and
(d) Taking into account an individual's
			 interests and preferences.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0390 - Entry, Exit, Transfer, and Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) NON-DISCRIMINATION. An individual
			 considered for Department-funded services may not be denied services or
			 otherwise discriminated against on the basis of race, color, religion, sex,
			 gender identity, sexual orientation, national origin, marital status, age,
			 disability, source of income, duration of Oregon residence, or other protected
			 classes under federal and Oregon Civil Rights laws.
(2) QUALIFICATIONS FOR DEPARTMENT-FUNDED
			 SERVICES. An individual who enters a 24-hour residential setting is subject to
			 eligibility as described in this section.
(a)
			 To be eligible for services in a 24-hour residential setting, an individual
			 must meet the following requirements:
(A) Be
			 an Oregon resident.
(B) Be
			 receiving a Medicaid Title XIX (OHP) benefit package through OSIPM or the OCCS
			 Medical Program.
(C) Be determined
			 eligible for:
(i) Developmental disabilities
			 services by the CDDP of the county of origin as described in OAR
			 411-320-0080; or
(ii) Services for Aging and People with
			 Disabilities as described in OAR chapter 411, division 015.
(D) Meet the level of care as
			 defined in OAR 411-317-0000.
(E) Not receive other Department-funded
			 in-home, community living support, or other services in another residential
			 setting.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0400 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  410.070,
				  443.450 &
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0410 - Community Living Supports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 individuals considered for community living supports must:
(a) Be referred by the CDDP, Brokerage, or
			 Department; and
(b) Not be
			 discriminated against because of race, color, creed, age, disability, national
			 origin, gender, religion, duration of Oregon residence, method of payment, or
			 other forms of discrimination under applicable state or federal law.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0420 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  410.070,
				  443.450 &
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0430 - Individual Support Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 provider must collect and summarize the following information prior to an ISP
			 meeting:
(a) One page profile reflecting, at
			 a minimum, information gathered by the provider at the setting where the
			 individual receives services.
(b)
			 Person-centered Information reflecting, at a minimum, information gathered by
			 the provider at the setting where the individual receives services.
(c) Information about known, identified
			 serious risks.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0440 - Children's Direct Contracted Services

Current through Register Vol. 63, No. 7, July 1, 2024
Any documentation or information required for children's direct
				contracted developmental disability services to be submitted to the CDDP
				services coordinator must also be submitted to the Department's residential
				services coordinator assigned to the home.
Stat. Auth.: ORS
				  409.050,
				  410.070,
				  443.450 &
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455