reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0130 - Review of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
In reviewing an application for a hospice program license, the
				Authority shall:
(1) Confirm receipt
			 of the required fee and determine if the application is complete;
(2) Verify that the program is primarily
			 engaged in providing hospice services and complies with hospice program
			 licensing laws under ORS
			 443.860 through
			 443.869 and these rules;
			 and
(3) Assess capacity for
			 compliance with the Conditions of Participation prescribed by CMS, under
			  42 CFR
			 418.
(4) Conduct a survey of the hospice program
			 in accordance with OAR 333-035-0240.
(5) If a hospice program is in compliance
			 with ORS chapter 443 and these rules and intends to provide hospice services to
			 patients, a license may be issued for the operation of the hospice
			 program.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0135 - Approval of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Authority shall notify an applicant in writing if a license application is
			 approved.
(2) A license shall be
			 issued only for the hospice program and person(s) named in the application and
			 may not be transferred or assigned.
(3) The license shall be posted in a clearly
			 visible location in an office that is open to the public.
(4) A licensed hospice program shall not in
			 any manner or by any means assert, represent, offer, provide or imply that the
			 program is or may render care or services other than that is permitted or
			 within the scope of the issued license. A licensed hospice program shall not
			 offer or provide any service that is not authorized within the scope of the
			 license.
(5) The Authority may
			 permit a hospice program providing care at multiple locations, to operate under
			 one license for all locations, if:
(a) All
			 locations are operating under the same Medicare Certification Number;
(b) All locations provide the same full range
			 of care and services that is offered by the CMS certified hospice program
			 issued the Medicare Certification Number; and
(c) The locations comply with OAR
			 333-035-0160.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0140 - Denial of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
If the Authority intends to deny a license application, it
				shall issue a Notice of Intent to Deny in accordance with ORS
				183.411 through
				183.470.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0145 - Expiration and Renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each license to operate a hospice program
			 expires 12 months from the date of issue.
(2) A hospice program shall submit a
			 completed application for renewal on a form prescribed by the Authority,
			 accompanied by the required fee, to the Authority not less than 30 days prior
			 to the license expiration date.
(3)
			 A hospice program is not eligible for renewal if a complete renewal application
			 and fee have not been submitted to the Authority within 30 days after the
			 license has expired. To be licensed, the hospice program must submit a new
			 application under OAR 333-035-0125.
(4) The Authority may deny a renewal license
			 if the hospice program failed to timely notify the Authority of any changes
			 specified under OAR 333-035-0125(5)  or if there are violations of ORS chapter
			 443 or these rules.
(5) The
			 Authority may deem an application incomplete if it does not include the
			 information required by the Authority or is not accompanied by the appropriate
			 fee. The Authority may reject an application that is incomplete.
(6) If the ownership of a hospice program
			 changes, other than at the time of the annual renewal, the hospice program
			 shall comply with OAR 333-035-0125(5)  and submit a change of ownership form
			 along with the fee for a new license.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0150 - Denial, Suspension, or Revocation of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority may impose a civil penalty
			 or deny, suspend or revoke a program's license for failure to comply with ORS
			 chapter 443 or these rules.
(2) If
			 the Authority intends to impose a civil penalty or deny, suspend or revoke a
			 hospice program license, it shall do so in accordance with ORS
			 183.411 through
			 183.745.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  443.864 &
				  443.869
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0155 - Return of License and Hospice Program Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a hospice program's license is
			 suspended, revoked, or if the hospice program decides to discontinue
			 operations, the license certificate in the licensee's possession shall be
			 returned to the Authority immediately.
(2) A hospice program that discontinues
			 operations must:
(a) Inform patients or the
			 patient's representative about the closure at least 14 calendar days prior to
			 closure;
(b) Provide information
			 about how an individual may obtain a copy of their clinical records;
(c) Notify the Authority at least 14 calendar
			 days prior to closure and submit plans for the transfer, storage and disposal
			 of clinical records and how stored records can be accessed, including the name
			 of the entity for handling access requests.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0160 - Geographic Service Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 hospice program serves a geographic service area that is within a 60-mile
			 radius from the physical location of the hospice program.
(2) Multiple locations may provide services
			 within a portion of the parent hospice program's geographical service
			 area.
(3) The Authority may permit
			 a hospice program providing care at multiple locations, to operate under one
			 license for all locations, if:
(a) All
			 locations are operating under the same Medicare Certification Number;
(b) All locations provide the same range of
			 care and services offered by the parent hospice program certified by CMS;
			 and
(c) The multiple locations are
			 located within a 60-mile radius of the parent hospice program applying for
			 licensure.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0170 - Advance Directives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 hospice program shall comply with ORS
			 127.649 relating to written
			 policies and procedures on providing information to patients on a patient's
			 right to make health care decisions.
(2) In accordance with ORS
			 127.652, a hospice program shall
			 provide to a patient the materials necessary to execute an advance directive or
			 a form appointing a health care representative no later than 15 days after the
			 initial provision of care by the hospice program, but in any event before
			 ceasing to provide care to the patient.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  127.649,
				  127.652 &
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0175 - Health Care Interpreter Services

Current through Register Vol. 63, No. 7, July 1, 2024
A hospice program shall comply with ORS
				413.559 and OAR 950-050-0160  to
				provide health care interpreting services as defined in OAR 950-050-0010  to a
				patient who prefers to communicate in a language other than English.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  413.559,
				  413.561 &
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0180 - Clinical Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a hospice
			 program changes ownership, the hospice program shall retain all clinical
			 records in written or electronic form, and it shall be the responsibility of
			 the successor hospice program to protect and maintain these records in
			 accordance with OAR 333-035-0155(3).
(2) In the event of dissolution of a hospice
			 program, the hospice program administrator shall notify the Authority where the
			 clinical records will be stored and how clinical records may be accessed in
			 accordance with OAR 333-035-0155.
(3) A hospice program shall comply with  45
			 CFR Part 160, subparts A and E of  45 CFR Part 164, and ORS
			 192.553 through
			 192.581.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0190 - Infection Control

Current through Register Vol. 63, No. 7, July 1, 2024
A hospice program shall develop, implement and maintain an
				infection control program to prevent and control infections and communicable
				diseases. The program shall include at a minimum:
(1) A tuberculosis infection control plan in
			 accordance with OAR 333-019-0041;
(2) Appropriate disposal of sharp instruments
			 in accordance with OAR 333-056-0050;
(3) Development and maintenance of policies
			 and procedures that include, at a minimum:
(a)
			 Standard precautions such as hand hygiene, respiratory hygiene and cough
			 etiquette, and personal protective equipment;
(b) Availability of personal protective
			 equipment and other equipment necessary to implement plan of care;
			 and
(c) Exposure to bloodborne
			 pathogens such as Hepatitis B and HIV and other potentially infectious
			 agents.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0200 - Quality Assessment and Performance Improvement

Current through Register Vol. 63, No. 7, July 1, 2024
A hospice program must measure, analyze, and track quality
				indicators, adverse patient events, infection control and other aspects of
				performance that includes care and services furnished to a patient. A hospice
				program must document this information at least quarterly and record any
				performance improvement activities at least quarterly.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0210 - Criminal Records Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used
			 in this rule:
(a) "Disqualifying condition"
			 means a non-criminal personal history issue that makes a subject individual
			 unsuitable for employment, contracting or volunteering for a hospice program,
			 including but not limited to discipline by a licensing or certifying agency, or
			 drug or alcohol dependency;
(b)
			 "Subject individual (SI)" means an individual on whom a hospice program may
			 conduct a criminal records check including:
(A) An employee or prospective
			 employee;
(B) A contractor,
			 temporary worker, or volunteer who may have contact with patients or access to
			 personal information about patients, including but not limited to Social
			 Security numbers, dates of birth, driver license numbers, medical information,
			 personal financial information, or criminal background information;
			 and
(C) A prospective contractor,
			 temporary worker, or volunteer who may have contact with patients or access to
			 personal information about patients including but not limited to Social
			 Security numbers, dates of birth, driver license numbers, medical information,
			 personal financial information, or criminal background information.
(c) "Fitness determination" means
			 a decision made by a hospice program pursuant to the policy established in
			 accordance with section (3) of this rule, that a subject individual is or is
			 not fit to hold a position, paid or not paid, have direct access, or otherwise
			 provide services to a patient.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0220 - 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 as to the care or services provided by a hospice program or
			 violations of any hospice program laws or regulations.
(2) The Authority may investigate after
			 receipt of a complaint in accordance with OAR 333-035-0230.
(3) If the complaint involves an allegation
			 of criminal conduct or an allegation that is within the jurisdiction of another
			 local, state, or federal agency, the Authority may refer the matter to that
			 agency.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0230 - 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 may conduct an unannounced complaint
			 investigation.
(2) A hospice
			 program shall permit Authority staff access to any location from which it is
			 operating its program or providing services during an investigation.
(3) An investigation may include but is not
			 limited to:
(a) Interviews of the complainant,
			 caregivers, patients, a patient's representative, a patient's family members,
			 witnesses, and hospice program management and staff;
(b) On-site observations of the patient(s),
			 staff performance, or patient environment; and
(c) Review of documents and
			 records.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0240 - Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 shall, in addition to any investigations conducted under OAR 333-035-0230,
			 conduct at least one in-person site inspection of each hospice program prior to
			 licensure and once every three years thereafter as a requirement for licensure,
			 and at such other times as the Authority deems necessary.
(2) In lieu of a survey required under
			 section (1) of this rule, the Authority may accept deemed status by a
			 CMS-approved accrediting organization following a survey conducted within the
			 previous three years by that accrediting organization if:
(a) The certification or accreditation is
			 recognized by the Authority as addressing the standards and Condition for
			 Participation requirements of the CMS and other standards set by the
			 Authority;
(b) The hospice program
			 notifies the Authority to participate in any exit interview conducted by the
			 accrediting body; and
(c) The
			 hospice program provides copies of all documentation concerning the
			 certification or accreditation requested by the Authority including:
(A) Written evidence of all corrective
			 actions underway, or completed, in response to approved accrediting
			 organizations recommendations;
(B)
			 All progress reports; and
(C) The
			 letter from CMS indicating its deemed status.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0250 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to non-compliance with any law that governs a
				hospice program or CMS Conditions of Participation, 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 hospice program, 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;
(6) Fail to comply with
			 rules governing the storage of records following the closure of a hospice
			 program;
(7) Fail to report
			 suspected abuse when required under ORS
			 124.060; or
(8) Fail to obtain a license.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0260 - Informal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 during an investigation or survey Authority staff document violations of
			 hospice program licensing laws or conditions of participation, 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 received by the hospice program. 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) A hospice program 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
			 hospice program administrator in writing or by telephone:
(a) Identifying which provisions in the plan
			 the Authority finds unacceptable;
(b) Citing the reasons the Authority finds
			 them unacceptable; and
(c)
			 Requesting that the plan of correction be modified and resubmitted no later
			 than 10 working days from the date the letter of non-acceptance was received by
			 the administrator.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0270 - Formal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 during an investigation or survey Authority staff document a substantial
			 failure to comply with hospice program licensing laws or conditions of
			 participation, or if a hospice program fails to pay a civil penalty imposed
			 under ORS 443.869 and these rules, the
			 Authority may issue a Notice of Proposed Suspension or Notice of Proposed
			 Revocation in accordance with ORS
			 183.411 through
			 183.471.
(2) The Authority may issue a Notice of
			 Imposition of Civil Penalty for violations of hospice program licensing
			 laws.
(3) At any time the Authority
			 may issue a Notice of Emergency License Suspension under ORS
			 183.430.
(4) If the Authority revokes a hospice
			 program license, the order shall specify when, if ever, the hospice program may
			 reapply for a license.
(5) The
			 Authority may reinstate a hospice program license that has been suspended after
			 the Authority determines that compliance with these rules have been
			 achieved.
Statutory/Other Authority: ORS
				  443.860
Statutes/Other Implemented: ORS
				  443.860
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0280 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to any other liability or penalty provided by law, the Authority may
			 impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period,
			 for any of the following:
(a) Violation of any
			 of the terms or conditions of a license issued under these rules;
(b) Violation of any of these rules or an
			 order issued by the Authority to a hospice program licensed under these
			 rules;
(c) Violation of any final
			 order of the Authority that pertains specifically to a hospice program owned or
			 operated by the person incurring the penalty; or
(d) Violation of ORS
			 443.860 or the rules adopted
			 under ORS 443.860.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0290 - Approval of Accrediting Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An accrediting organization must request
			 approval by the Authority to accredit hospice programs in Oregon.
(2) An accrediting organization shall request
			 approval in writing and shall provide, at a minimum:
(a) Evidence that it is recognized as a
			 CMS-approved accrediting organization; or
(b) Documentation of program policies and
			 procedures that the accreditation meets standards and conditions established
			 for hospice programs by CMS;
(c)
			 Accreditation history; and
(d)
			 References from a minimum of two hospice programs currently receiving services
			 from the organization.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 35 - HOSPICE PROGRAM LICENSURE › Section 333-035-0300 - Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) While all
			 hospice programs are required to maintain continuous compliance with these
			 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:
(a) Be submitted to
			 the Authority in writing;
(b)
			 Identify the specific rule for which a waiver is requested;
(c) Identify the special circumstances relied
			 upon to justify the waiver;
(d)
			 Explain why the hospice program is unable to comply, what alternatives were
			 considered, if any, and why alternatives (including compliance) were not
			 selected;
(e) Demonstrate that the
			 proposed waiver is desirable to maintain or improve the health and safety of
			 the patients, to meet the individual and aggregate needs of patients, and will
			 not jeopardize patient health and safety; and
(f) Include the proposed duration of the
			 waiver.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules govern health and safety at outdoor mass gatherings
				pursuant to ORS 433.735 through 433.770. Organizers of such gatherings must
				apply for a permit to the county governing body of the county in which an
				outdoor mass gathering is to take place. Applications for permits must be
				accompanied by sufficiently detailed plans, specifications, and reports from
				which it can be determined by the county governing body and other reviewing
				public officials and agencies that there is or will be compliance with these
				rules.
Stat. Auth.: ORS 433.740 & 433.760
Stats. Implemented: ORS
				  433.740
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules unless the context requires
				otherwise:
(1) "Division" means the
			 Public Health Division of the Oregon Health Authority.
(2) "Outdoor Mass Gathering" means an actual
			 or reasonably anticipated assembly of more than 3,000 persons which continues
			 or can reasonably be expected to continue for more than 24 consecutive hours
			 but less than 120 hours within any three month period and which is held
			 primarily in open spaces and not in any permanent structure.
(3) "Organizer" includes any person who
			 holds, stages, or sponsors an outdoor mass gathering and the owner, lessee, or
			 possessor of the real property upon which the outdoor mass gathering is to take
			 place.
(4) "Oregon Physician" means
			 a person licensed by the Oregon State Board of Medical Examiners or any other
			 physician authorized to practice medicine and surgery in any part of
			 Oregon.
(5) "Nurse" means a
			 licensed professional nurse.
(6)
			 "Ambulance" means any privately or publicly owned motor vehicle, aircraft or
			 marine craft that is regularly provided or offered to be provided for the
			 emergency transportation of persons suffering from illness, injury, or
			 disability and which is equipped, staffed and licensed in accordance with OAR
			 333-028-0000 to 333-028-0065.
(7)
			 "Temporary Structure" includes tents, trailers, chemical toilet facilities and
			 other structures customarily erected or sited for temporary use.
Stat. Auth.: ORS 433.740 & 433.760
Stats. Implemented: ORS
				  433.740
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0015 - Water Supply

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Required
			 Amounts:
(a) A minimum of 12 gallons per
			 person per day shall be available for the anticipated assembly;
(b) Storage facilities equal to one day's
			 total water usage shall be provided, unless a greater or lesser amount, with a
			 minimum of five gallons per person per day, is determined by the Division as
			 sufficient or necessary, based on the availability and quantity of the reserve
			 water supply and the required water demands for toilets, food vendors, camping
			 areas and other facilities;
(c) A
			 Division approved well or water system may be used as a source of water, or in
			 addition to Division approved outside sources, to meet all
			 requirements;
(d) An amount of
			 water equal to one day's total usage shall be kept in reserve at all
			 times.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0020 - Drainage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The site
			 selected for the outdoor mass gathering shall have good natural drainage. Areas
			 which are swampy, or areas known to be susceptible to flash flooding are not
			 acceptable.
(2) Roads at the
			 outdoor mass gathering site shall be provided with culverts, tiles, and
			 ditching wherever needed to protect such roads from erosion due to
			 precipitation.
Stat. Auth.: ORS 433.763
Stats. Implemented: ORS
				  433.763
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0025 - Sewerage Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Non-Water Carried Sewage Facilities:
(a) The
			 construction and maintenance of earth pit privies shall comply with the
			 following requirements:
(A) They shall be
			 located at least 50 feet from a well, spring, or other source of domestic water
			 supply, and at least 50 feet from any stream, river or lake, and at least ten
			 feet from any property line;
(B)
			 The pit shall have a minimum capacity of 50 cubic feet, and shall be at least
			 five feet deep and shall be lined with lumber, concrete, steel, or other
			 equivalently substantial material to prevent caving. The pit shall be covered
			 by a building of substantial construction located on either a concrete or wood
			 sill to make it as fly-tight and rodent-proof as possible from the outside. The
			 floor and riser shall be built water impervious and fly-tight of wood,
			 concrete, ceramic, stainless steel, or other equivalently substantial
			 material;
(C) The seat opening
			 shall be equipped with a self-closing lid hinged and so constructed that when
			 closed it will exclude flies from the pit. Vents connected to the pit shall be
			 covered with 16 mesh copper, aluminum, or plastic wire screen and shall have a
			 total effective cross section of at least 50 square inches. The building shall
			 be equipped with a tight fitting, self-closing door and shall be
			 weather-proof;
(D) The contents of
			 the pit shall not be permitted to overflow onto the surface of the ground or be
			 exposed to flies or rodents;
(E) A
			 minimum of one-half pound of chlorinated lime shall be deposited in each pit
			 once every 24 hours;
(F) At the
			 conclusion of the outdoor mass gathering, the contents of the pit shall be
			 covered by backfilling with at least a two foot depth of earth.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0030 - Refuse Storage and Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All refuse and solid waste shall be stored in fly-tight containers constructed
			 of impervious material.
(2)
			 Containers for refuse and solid waste storage shall be provided at a minimum
			 ratio of one 30 gallon container for each 16 persons or fraction thereof
			 anticipated or one cubic yard of container capacity for each 125 persons or
			 fraction thereof anticipated.
(3)
			 All refuse and solid waste shall be removed from storage containers at least
			 once every 24 hours and transported and disposed of in a 0manner which is
			 authorized and complies with state and local laws, ordinances and
			 regulations.
Stat. Auth.: ORS 433.760
Stats. Implemented: ORS
				  433.760
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0035 - Food and Sanitary Food Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Food service facilities, if supplied,
			 shall be located in clean surroundings and shall be maintained in a clean and
			 sanitary condition.
(2) Food
			 service facilities, if supplied, shall be so constructed and arranged that
			 food, drink, utensils, and equipment will not be exposed to rodents, insects,
			 dust, dirt, or other contamination. If flies are present, screening shall be
			 required.
(3) The water supply for
			 food service facilities shall be adequate in amount to serve the requirements
			 of the facility and shall be safe for human consumption. Storage tanks or
			 containers, when used, shall be of smooth, easily cleanable material, and shall
			 be cleaned and sanitized each time they are refilled. Water shall not be dipped
			 from a receptacle for drinking or culinary purposes.
(4) Toilet or privy facilities which comply
			 with these rules shall be available within the immediate area for use by the
			 food service facility personnel.
(5) Hand washing facilities shall be made
			 available for the food service facility personnel. In lieu of a handwashing
			 sink, there shall be provided a pan with soap and water for washing of hands,
			 and a pan of water containing a bactericidal solution of 50 mg/1 of available
			 chlorine or its equivalent for rinsing of hands. Sanitary paper towels shall be
			 provided. The use of a common-type towel is prohibited. Utensil washing vats
			 shall not be used for handwashing.
(6)
(a) All
			 multi-use utensils and all display cases or windows, counters, shelves, tables,
			 refrigeration equipment, sinks, and other equipment used in connection with the
			 operation of a food service facility shall be constructed as to be easily
			 cleaned and shall be kept in good repair;
(b) Utensils containing or plated with
			 cadmium or lead shall not be used, provided, however, that solder containing
			 lead may be used for jointing;
(c)
			 Food containers with seams which are not sealed flush with the surface shall
			 not be re-used. Single service containers and utensils shall not be
			 re-used.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0040 - Emergency Medical Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 There shall be present at the outdoor mass gathering site for emergency medical
			 services, physicians and nurses in the following ratios:
(a) Daylight Hours -- At least one Oregon
			 physician plus sufficient other physicians (licensed to practice medicine and
			 surgery in any of the 50 states of the United States) to provide a ratio of one
			 for each 10,000 persons attending or fraction thereof and one nurse for each
			 7,500 persons attending or fraction thereof;
(b) Nighttime Hours - (1 a.m. to 7 a.m.) --
			 At least one Oregon physician plus sufficient other physicians (licensed to
			 practice medicine and surgery in any of the 50 states of the United States) to
			 provide a ratio of one for each 20,000 persons attending or fraction thereof
			 and one nurse for each 15,000 persons attending or fraction thereof.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0045 - Fire Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 camping space shall be a minimum of 1,000 square feet or large enough to
			 accommodate a parked camping vehicle, tent vehicle or tent, as the case may be,
			 and to maintain at least 15 feet separation from any other camping vehicle,
			 tent vehicle or tent, building, structure, or property line.
(2) The organizer shall secure a written
			 statement from the local fire protection agency having jurisdiction that fire
			 protection complies with state and local laws, ordinances, and regulations, and
			 is satisfactory with respect to anticipated crowds and location of the outdoor
			 mass gathering.
Stat. Auth.: ORS 433.760
Stats. Implemented: ORS
				  433.760
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0050 - Security Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 organizer shall maintain an accurate count of persons attending the outdoor
			 mass gathering and shall provide adequate security arrangements to limit
			 further admissions to the outdoor mass gathering when the anticipated number of
			 persons have been admitted.
(2) The
			 organizer shall secure a written statement from the chief law enforcement
			 officer of the county in which the outdoor mass gathering is to take place that
			 arrangements for security and the orderly flow of traffic to and from the
			 outdoor mass gathering complies with state and local laws, ordinances, and
			 regulations, and is satisfactory with respect to anticipated crowds and
			 location of the outdoor mass gathering.
Stat. Auth.: ORS 433.760
Stats. Implemented: ORS
				  433.760
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 39 - REGULATIONS GOVERNING HEALTH AND SAFETY AT OUTDOOR MASS GATHERINGS › Section 333-039-0055 - Traffic

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The organizer
			 shall provide easily accessible roads of all-weather construction at the
			 outdoor mass gathering site.
(2)
			 All roads shall be graded so as to be self-draining and shall be maintained in
			 such condition that emergency and other required vehicles can move upon them
			 unencumbered and can carry out their functions at all times.
(3) An ungraveled dirt road shall not be
			 considered as being an all-weather road.
(4) No road or portion of any road
			 constructed shall exceed a maximum grade of 12 percent.
(5) The organizer shall acquire approval from
			 the local agency having jurisdiction for fire safety that the minimum width of
			 all roads complies with state and local laws, ordinances, and regulations, and
			 is satisfactory with respect to anticipated crowds and locations of the outdoor
			 mass gatherings.
(6) The organizer
			 shall provide and designate a suitable area at the outdoor mass gathering for
			 parking of motor vehicles:
(a) The total area
			 provided for motor vehicle parking shall be based on the following ratio: 300
			 square feet for every four persons anticipated;
(b) Each motor vehicle parking space shall
			 have a minimum width of ten feet and a minimum length of twenty feet and shall
			 be clearly marked with lime;
(c)
			 The motor vehicle parking spaces shall be arranged to eliminate blockage of
			 parked vehicles and allow vehicles free access to exits at all times.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Purpose:
The purpose of these rules is to implement ORS
			 453.855-453.912 and Oregon Laws 1999, chapter 861 and provide a means whereby
			 property found to be unfit fit for use due to chemical contamination that may
			 result from illegal drug manufacturing can be evaluated, decontaminated and
			 returned to use.
(2)
Scope:
These rules apply to any property as defined in ORS 453.858 and Oregon Laws 1999, chapter 861 and also includes the following: criteria
			 used by agencies when determining property unfit for use; maintenance of
			 listing of unfit for use properties; property owner responsibilities;
			 assessment, decontamination, sampling and testing procedures; requirements for
			 demolition and disposal of property contents; disclosure requirements for
			 property sale or transfer; qualifications for decontamination and sampling
			 personnel; licensing requirements for decontamination contractors; requirements
			 for inspections and consultations by the Public Health Division; Public Health
			 Division fees and reciprocity requirements; and contractor penalties.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "
Agent of
			 the Owner
" -- means a current employee of the owner of record who was in
			 the employ of that owner at the time the property was determined to be an
			 illegal drug manufacturing site; or is a current employee of any new owner and
			 who was an employee of that owner at the time the property was sold or
			 transferred to that owner prior to decontamination.
(2) "
Certificate of
			 Fitness
"
--
means a certificate issued for a particular
			 property by the Public Health Division indicating that the property is fit for
			 use.
(3)
			 "
Contractor
"
--
means a contractor licensed by the
			 Public Health Division under these rules to perform assessment and
			 decontamination activities at illegal drug manufacturing sites.
(4) "
Decontamination
"
and
"
Contamination Reduction
" -- mean reduction in levels of
			 known contaminants to the lowest practical level, as determined by the Public
			 Health Division, using currently available methods and processes.
(5) "
Division
" -- means the
			 Public Health Division of the Oregon Health Authority.
(6) "
Full disclosure
" -- means
			 written notice to a prospective buyer or recipient of any illegal drug
			 manufacturing site as set forth in OAR
			 333-040-0100.
(7) "
Owner
" -- means:
(a) For real property, the owner of record as
			 disclosed by the records of the recorder in the county where the property is
			 located; or,
(b) For personal
			 property for which a certificate of title or ownership has been issued, the
			 person shown as owner on such certificate.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0050 - Determination of Unfitness for Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The determination that a property is unfit for use applies to any property that
			 is known to have been used as an illegal drug manufacturing site, or for which
			 there are reasonable grounds to believe that the property has been used as an
			 illegal drug manufacturing site.
(2) Any owner of a property that was an
			 illegal drug manufacturing site prior to August 3, 1989 may obtain a
			 Certificate of Fitness by following all the procedures and meeting all the
			 criteria of these rules.
(3)An
			 agency determining property unfit for use shall proceed as follows:
(a) Notify the owner or agent of the affected
			 property by personal service or by certified mail sent within 3 working days of
			 the determination. Proof of such mailing shall be considered service. Proof of
			 actual delivery is not required. Where the owner of record or the title or
			 certificate holder is not listed in public records or cannot be reasonably
			 notified, service of notice on the registered agent or other designated agent
			 is sufficient;
(b) Mail a copy of
			 the notice to the owner/agent as required in subsection (3)(a) of this rule to
			 the Division. The Division shall notify the State Building Codes Division, the
			 Department of Motor Vehicles, the State Marine Board and/or other affected
			 agencies; and
(c) Post a standard
			 warning notice provided by the Division at all entrances to the contaminated
			 property at the time of the determination. Such notice(s) shall be displayed
			 continuously until a Certificate of Fitness has been issued by the
			 Division.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0060 - Unfit for Use Listing by State Department of Consumer and Business Services, Building Codes Division

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director of the State Department of Consumer and Business Services shall place
			 the property on an official unfit for use listing after it receives a copy of a
			 notice of determination that a property is unfit for use from the Division, or
			 any owner of record. The State Department of Consumer and Business Services --
			 Building Codes Division shall update and distribute the list according to their
			 rules.
(2)To remove a property from
			 the unfit for use list, the owner must provide the Division written proof that:
(a) The determination that the property is
			 unfit for use has been reversed by the agency that made the initial
			 determination; or
(b) The
			 determination by the agency that made the initial determination has been
			 reversed by a court of law; or
(c)
			 A Certificate of Fitness has been issued for the property.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0065 - Procedures for Owners of Unfit for Use Properties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The owner of property determined to be
			 unfit for use shall:
(a) Prevent by
			 reasonable means the entry, occupancy or any use whatsoever by anyone of the
			 property in question until the property has been issued a Certificate of
			 Fitness or until the determination that the property is unfit for use has been
			 reversed in writing by the determining agency or by a court of law; except that
			 qualified contractors and regulatory agencies and their authorized agents may
			 enter such properties for purposes of evaluation, sampling, and/or
			 decontamination; and owners or agents of the owner may enter such properties
			 for the purposes of decontamination when approved by the Division as set forth
			 in section (2) of this rule; and
(b) Retain a contractor to supervise the
			 decontamination efforts, including: performing a site assessment; supervising
			 site sampling by an independent third party as required in OAR
			 333-040-0130(1);
			 submitting a work plan for Division approval; and decontaminating the property
			 or supervising the decontamination of the property. An owner or an agent of the
			 owner may perform the decontamination when the requirements of this subsection
			 and the criteria of section (2) or (3) of this rule are met.