reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 333 - PSILOCYBIN › Section 333-333-8210 - Product Tracking - Reconciliation of Inventory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each service center, manufacturer and
			 laboratory licensee must:
(a) Use the product
			 tracking system for all inventory tracking activities, as required by these
			 rules.
(b) By 11:59 AM local time
			 of the next calendar day, reconcile all psilocybin product inventory in the
			 product tracking system to reflect the prior day's activity.
(c) For psilocybin products that have
			 completed potency testing, use the product tracking system to record the total
			 amount of psilocybin analyte contained in psilocybin products by weight,
			 measured in grams or milligrams.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 333 - PSILOCYBIN › Section 333-333-8220 - Product Tracking - Unique Identification Numbers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A service center, manufacturer or
			 laboratory licensee must use unique identification numbers generated by the
			 product tracking system for inventory tracking activities required by these
			 rules.
(2) A manufacturer licensee
			 must:
(a) Assign and affix a unique
			 identification number to each separated area containing a cultivation batch of
			 mycelium or fruiting bodies as described in OAR 333-333-8230.
(b) After harvest, assign and affix a unique
			 identification number to all psilocybin products or receptacles containing
			 psilocybin products.
(c) Assign and
			 affix unique identification numbers in a manner that:
(A) Establishes an accurate record of
			 cultivation, harvest and drying of fungi, including documentation of harvest
			 lots and batches as described in OAR 333-333-2020  and OAR
			 333-333-7090.
(B) Establishes an
			 accurate record when one psilocybin product is converted to another product
			 type.
(C) Uses a new unique
			 identification number each time a psilocybin product is added to a quantity of
			 psilocybin products grouped together under a pre-existing unique identification
			 number.
(d) Affix unique
			 identification numbers in a position that can be clearly read by an individual
			 standing next to the item.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 333 - PSILOCYBIN › Section 333-333-8230 - Product Tracking - Cultivation Batches

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 72 hours of beginning a production
			 process, a manufacturer must create a cultivation batch that will contain all
			 fruiting bodies and mycelium produced by that production process.
(2) A manufacturer must create a batch name
			 for each cultivation batch and record the cultivation batch name and location
			 in the product tracking system with the unique identification number assigned
			 to the cultivation batch.
(3)
			 Unique identification numbers must be physically affixed to the cultivation
			 batch or the separated area where the cultivation batch is physically located
			 as required by OAR 333-333-8220.
(4) A manufacturer may have an unlimited
			 number of cultivation batches at any one time.
Statutory/Other Authority: ORS
				  475A.235 & ORS
				  475A.400
Statutes/Other Implemented: ORS
				  475A.235 & ORS
				  475A.400
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 333 - PSILOCYBIN › Section 333-333-8240 - Product Tracking - Inventory Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Health Authority may perform a
			 physical audit of the inventory of any service center, manufacturer or
			 laboratory licensee at the agency's discretion and with reasonable notice to
			 the licensee.
(2) A variance
			 between the physical audit and the inventory reflected in the product tracking
			 system at the time of the audit, which cannot be attributed to normal moisture
			 variation in psilocybin products, is a violation.
Statutory/Other Authority: ORS
				  475A.235 & ORS
				  475A.400
Statutes/Other Implemented: ORS
				  475A.235 & ORS
				  475A.400
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 333 - PSILOCYBIN › Section 333-333-8250 - Product Tracking - User Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A service center, manufacturer or
			 laboratory licensee and any product tracking system user shall enter data into
			 the product tracking system that fully and transparently accounts for all
			 inventory tracking activities.
(2)
			 A service center, manufacturer or laboratory licensee is responsible for the
			 accuracy of all information entered into the product tracking system.
(3) Each individual who accesses the product
			 tracking system must have log in credentials, which may not be shared or used
			 by any other person.
(4) An
			 individual entering data into the psilocybin tracking system may only use their
			 own psilocybin tracking system log in credentials.
(5) Every individual who accesses the product
			 tracking system must hold a valid worker permit as required by ORS
			 475A.480.
Statutory/Other Authority: ORS
				  475A.235 & ORS
				  475A.400
Statutes/Other Implemented: ORS
				  475A.235 & ORS
				  475A.400
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0005 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
Unless a specific rule provides otherwise, OAR chapter 333,
				divisions 500 through 535 apply to a hospital classified as general, low
				occupancy acute care, or psychiatric or mental and do not apply to a hospital
				classified as a special inpatient care facility.
Stat. Auth.: ORS 441.025
Stats. Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 333, divisions 500 through 535, unless
				the context requires otherwise, the following definitions apply:
(1) "Assessment" means a complete nursing
			 assessment, including:
(a) The systematic and
			 ongoing collection of information to determine an individual's health status
			 and need for intervention;
(b) A
			 comparison with past information; and
(c) Judgment, evaluation, or a conclusion
			 that occurs as a result of subsections (a) and (b) of this
			 definition.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0020 - Application for Hospital License

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant wishing to apply for a license to operate a hospital shall submit
			 an application on a form prescribed by the Oregon Health Authority (Authority)
			 and pay the applicable fee as specified in OAR 333-500-0030.
(2) A single hospital license may cover more
			 than one building if the applicant meets the requirements in OAR
			 333-500-0025.
(3) If the applicant
			 is proposing a new hospital the applicant shall also submit evidence of plans
			 review approval as required by OAR chapter 333, division 675.
(4) An applicant that has a certificate of
			 accreditation and deemed status for Medicare certification from the Joint
			 Commission or an accrediting organization approved by the Authority shall
			 provide the certificate to the Authority with its license application, and
			 shall include:
(a) All Joint Commission or
			 approved accrediting organization survey and inspection reports; and
(b) Written evidence of all corrective
			 actions underway, or completed, in response to Joint Commission or approved
			 accrediting organization recommendations, including all progress
			 reports.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0025 - Indorsement of Satellite Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Health Authority (Authority)
			 may indorse, under a hospital's license, a satellite or mobile satellite of a
			 hospital.
(2) In order for a
			 satellite to be indorsed under a hospital's license, the applicant or licensee
			 shall pay the appropriate fee and provide evidence to the Authority that:
(a) The satellite meets the requirements in
			 OAR chapter 333, divisions 500 through 535;
(b) The services at the satellite are
			 integrated with the hospital;
(c)
			 The financial operations of the satellite are integrated with the
			 hospital;
(d) The hospital and the
			 satellite have the same governing body;
(e) The satellite is under the ownership and
			 control of the hospital;
(f) Staff
			 at the satellite have privileges at the hospital;
(g) Medical records of the satellite are
			 integrated with the hospital into a unified system;
(h) The facility is not subject to
			 certificate of need requirements in ORS
			 442.315 to
			 442.347; and
(i) If the satellite is intended to provide
			 emergency medical services, the satellite can comply with OAR
			 333-500-0027.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0027 - Emergency Medical Services Satellites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A facility indorsed as a satellite under
			 a hospital license for the provision of emergency medical services must, in
			 addition to any requirements in OAR 333-500-0025:
(a) Operate 24 hours a day, seven days a
			 week, 365 days a year;
(b) Comply
			 with the hospital emergency department rule in OAR 333-520-0070;
(c) Develop written emergency department
			 policies and procedures for all emergency medical services satellite operations
			 including but not limited to:
(A) The type and
			 scope of emergency medical services provided at the satellite;
(B) Integration of satellite operations with
			 parent hospital surgical, laboratory, radiology, pharmacy, nutrition, and other
			 departments to ensure timely provision of services;
(C) For a patient who cannot be provided the
			 type and level of care needed to complete treatment of the patient's injury or
			 condition within 24 hours of arrival at the satellite:
(i) Transport of the patient to the parent
			 hospital for continuing care using appropriate transportation and personnel;
			 or
(ii) Transfer to another
			 receiving hospital with capability and capacity.
(d) Coordinate with:
(A) Any 9-1-1 jurisdiction within the 9-1-1
			 service area as those terms are defined in ORS
			 403.105 to ensure, to the
			 greatest extent possible, that only patients who can receive an appropriate
			 level of care at the satellite are transported to the satellite to limit the
			 need for multiple emergency transports; and
(B) Ambulance services within the ambulance
			 service area as those terms are defined in OAR 333-250-0205  to ensure, to the
			 greatest extent possible, that only patients who can receive an appropriate
			 level of care at the satellite are transported to the satellite to limit the
			 need for multiple emergency transports; and
(e) On a quarterly basis, report to the
			 Oregon Health Authority (Authority), for each patient evaluated or treated at
			 the satellite, a basic emergency medical services data set including but not
			 limited to:
(A) Unique patient ID;
(B) Gender;
(C) Ethnicity;
(D) Race;
(E) Year of birth;
(F) Date and time of patient presentation to
			 satellite;
(G) Chief
			 complaint;
(H) Diagnosis;
(I) Discharge disposition;
(J) Date and time of patient
			 discharge;
(K) Transport mode to
			 and from the facility, including ambulance service provider, if applicable;
			 and
(L) Facility transferred to, if
			 applicable.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0030 - Annual License Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 annual license fee for a hospital is as specified in ORS
			 441.020.
(2) If a hospital license covers a satellite
			 or mobile satellite approved by the Oregon Health Authority (Authority) under
			 OAR 333-500-0025, the applicable license fee shall be the sum of the license
			 fees which would be applicable if each location or unit was separately
			 licensed.
(3) The Authority may
			 charge a reduced hospital fee or hospital satellite fee if the Authority
			 determines that charging the standard fee constitutes a significant financial
			 burden.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.020
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0031 - Fees for Complaint Investigations and Compliance Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 an annual fee, the Oregon Health Authority (Authority) may charge a hospital a
			 fee for:
(a) A complaint investigation, in an
			 amount not to exceed $850;
(b) A
			 full compliance survey, in an amount not to exceed $7,520;
(c) An on-site follow-up survey to verify
			 compliance with a plan of correction, in an amount not to exceed $225;
			 and
(d) An off-site follow-up
			 survey to verify compliance with a plan of correction, in an amount not to
			 exceed $85.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0032 - Classification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hospital
			 shall be classified as one of the following:
(a) General Hospital;
(b) Low Occupancy Acute Care Hospital;
			 or
(c) Mental or Psychiatric
			 Hospital.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0034 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In reviewing an
			 application for a new hospital, the Oregon Health Authority (Authority) shall:
(a) Verify compliance with the applicable
			 sections of ORS chapters 441 and 476, and OAR 333-500 through 535, 675, and
			 chapter 837;
(b) Determine whether
			 a certificate of need is required and was obtained;
(c) Conduct an in-person licensing survey in
			 coordination with the State Fire Marshal's Office; and
(d) Verify compliance with conditions of
			 participation if the applicant has requested Medicare or Medicaid
			 certification.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0036 - Approval of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Health Authority (Authority)
			 shall notify an applicant in writing if a license application is approved, and
			 shall include the license with the appropriate classification.
(2) A license shall be issued only for the
			 premises and persons or governmental units named in the application and it is
			 not transferable or assignable.
(3)
			 The license shall be conspicuously posted in an area where patients are
			 admitted.
(4) No hospital licensed
			 pursuant to the provisions of ORS chapter 441 shall in any manner or by any
			 means assert, represent, offer, provide or imply that such person or hospital
			 is or may render care or services other than that which is permitted by or
			 which is within the scope of the license issued to the hospital by the
			 Authority nor shall any service be offered or provided which is not authorized
			 within the scope of the license issued to the hospital.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0038 - Denial of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
If the Oregon Health Authority intends to deny a license
				application, it shall issue a Notice of Proposed Denial of License Application
				in accordance with ORS
				183.411 through
				183.470.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.037
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0040 - Expiration and Renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each license to operate a hospital shall
			 expire on December 31 following the date of issue, and if a renewal is desired,
			 the licensee shall make application and pay the appropriate fee at least 30
			 days prior to the expiration date upon a form prescribed by the Oregon Health
			 Authority (Authority).
(2) For
			 emergency preparedness planning and licensing purposes, a licensee shall
			 provide, in its application for license renewal:
(a) The number of beds currently in use or
			 capable of being used;
(b) The
			 total number of beds that could be used with only minor alterations, taking
			 into consideration existing equipment, the ancillary service capability of the
			 facility, and the physical environment required by OAR 333-500 through 535, as
			 applicable; and
(c) The number of
			 beds to be licensed.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0045 - Submission of Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hospital
			 proposing to make alterations or additions to an existing facility or to
			 construct a new facility shall, before commencing such alteration, addition or
			 new construction, submit plans and specifications to the Oregon Health
			 Authority (Authority) for preliminary inspection and approval or
			 recommendations with respect to compliance with Authority rules and compliance
			 with National Fire Protection Association standards when the facility is also
			 to be Medicare or Medicaid certified.
(2) Submissions shall comply with OAR chapter
			 333, division 675. Plans should also be submitted to the local building
			 division having authority for review and approval in accordance with state
			 building codes.
Statutory/Other Authority: ORS
				  441.025 & ORS
				  441.060
Statutes/Other Implemented: ORS
				  441.025 & ORS
				  441.060
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0055 - Discontinuance and Recommencement of Operation of Hospitals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a hospital wishes to temporarily
			 discontinue operation but retain its license to operate, the hospital shall
			 notify the Oregon Health Authority (Authority) of the fact at least 14 days
			 prior to the temporary discontinuance.
(2) A hospital shall issue a multimedia press
			 release within 24 hours of the temporary discontinuance, notifying the public
			 of hospital closure. Such notice shall include a procedure by which individuals
			 may obtain their medical records.
(3) Before any patient is admitted to a
			 hospital that has temporarily discontinued operation, the hospital shall
			 request that the Authority conduct an in-person survey to determine whether the
			 hospital is in compliance with health facility licensing laws and conditions of
			 participation, if applicable.
(4) A
			 hospital may not renew operation until it receives approval, in writing, from
			 the Authority.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0060 - Return of Hospital License and Hospital Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a hospital's license is suspended,
			 revoked, expires, or if a hospital decides to permanently close, the license
			 certificate in the licensee's possession shall be returned to the Oregon Health
			 Authority (Authority) immediately.
(2) If the hospital is voluntarily
			 permanently closed, the hospital shall issue a multimedia press release within
			 24 hours, notifying the public of facility closure. Such notice shall include a
			 procedure by which individuals may obtain their medical records.
(3) A hospital shall notify the Authority of
			 a hospital's closure under section (2) of this rule at least 14 days prior to
			 the closure and submit a plan for the storage and disposal of medical records.
			 Medical records not claimed that are more than seven years old from the last
			 date of discharge may be destroyed. Medical records not claimed that are less
			 than seven years old from the last date of discharge shall be stored until they
			 are more than seven years old from the last date of discharge. Medical records
			 may be thinned to include only the admission/discharge sheet (face sheet),
			 discharge summary, history and physical, operative report(s), pathology
			 report(s), and X-ray report(s).
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0065 - Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) While all
			 hospitals are required to maintain continuous compliance with the Oregon Health
			 Authority (Authority)'s rules, these requirements do not prohibit the use of
			 alternative concepts, methods, procedures, techniques, equipment, facilities,
			 personnel qualifications or the conducting of pilot projects or research. A
			 request for a waiver from a rule must be submitted to the Authority in writing
			 and include the following information:
(a)
			 Identification of the specific rule for which a waiver is requested;
(b) The special circumstances relied upon to
			 justify the waiver;
(c) What
			 alternatives were considered, if any, and why alternatives (including
			 compliance) were not selected;
(d)
			 Information demonstrating that the proposed waiver is desirable to maintain or
			 improve the health and safety of the patients, to meet the individual and
			 aggregate needs of patients, and shall not jeopardize patient health and
			 safety;
(e) For an initial waiver
			 request received on or after January 1, 2024 or any request received on or
			 after January 1, 2024 to renew a waiver, a description of the following:
(A) Possible impacts that the proposed waiver
			 may have on persons from different backgrounds and cultures, including but not
			 limited to individuals of color, individuals with disabilities, individuals
			 with limited English proficiency, people or households with lower incomes, and
			 individuals who identify as lesbian, gay, bisexual, transgender, queer,
			 two-spirit, intersex, asexual, nonbinary, or another minority gender identity
			 or another sexual orientation;
(B)
			 How the impact was determined; and
(C) Proposed steps to mitigate the impact on
			 disproportionately affected populations; and
(f) The proposed duration of the
			 waiver.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 500 - HOSPITALS, GENERALLY: DEFINITIONS, APPLICATION AND RENEWAL PROCEDURES, FEES, FACILITY CLOSURE › Section 333-500-0090 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
All rules, standards and publications referred to in OAR
				333-500 through 535 are incorporated by reference. Copies are available for
				inspection in the Oregon Health Authority during office hours. Where
				publications are in conflict with the rules, the rules shall govern.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0005 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 make a complaint verbally or in writing to the Oregon Health Authority
			 (Authority) regarding an allegation against a hospital of a violation of any
			 health care facility licensing law or condition of participation.
(2) The identity of a person making a
			 complaint will be kept confidential.
(3) An investigation will be carried out as
			 soon as practicable after the receipt of a complaint in accordance with OAR
			 333-501-0010.
(4) If the complaint
			 involves an allegation of criminal conduct or an allegation that is within the
			 jurisdiction of another local, state, or federal agency, the Authority will
			 refer the matter to that agency.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.044
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0010 - 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, Oregon Health Authority (Authority) staff will begin an
			 investigation.
(2) A hospital shall
			 permit Authority staff access to the facility during an
			 investigation.
(3) An investigation
			 may include but is not limited to:
(a)
			 Interviews of the complainant, patients of the hospital, patient family
			 members, witnesses, hospital management and staff;
(b) On-site observations of patients, staff
			 performance, and the physical environment of the hospital; and
(c) Review of documents and
			 records.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0015 - Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Health Authority (Authority) shall, in addition to any investigations conducted
			 under OAR 333-501-0010, conduct at least one in-person licensing survey of each
			 hospital every three years to determine compliance with health care facility
			 licensing laws and at such other times as the Authority deems
			 necessary.
(2) In lieu of an
			 in-person inspection required under section (1) of this rule, the Authority may
			 accept:
(a) Centers for Medicare and Medicaid
			 Services (CMS) certification by a federal agency or an approved accrediting
			 organization; or
(b) A survey
			 conducted within the previous three years by an accrediting organization
			 approved by the Authority, if:
(A) The
			 certification or accreditation is recognized by the Authority as addressing the
			 standards and condition of participation requirements of the CMS and other
			 standards set by the Authority. Health care facilities must provide the
			 Authority with the letter from CMS indicating its deemed status;
(B) The health care facility notifies the
			 Authority to participate in any exit interview conducted by the federal agency
			 or accrediting body; and
(C) The
			 health care facility provides copies of all documentation concerning the
			 certification or accreditation requested by the Authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0020 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to non-compliance with any health care facility
				licensing law or condition of participation, it is a violation to:
(1) Refuse to cooperate with an investigation
			 or survey, including but not limited to failure to permit Oregon Health
			 Authority (Authority) staff access to the hospital, 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 medical records following the closure of a
			 hospital;
(7) Establish, conduct,
			 maintain, manage or operate a health care facility or health maintenance
			 organization, without a license; or
(8) Use the terms "emergency," "emergency
			 department (ED)," "emergency room (ER)," "emergency-," "emergent-," or "emergi-
			 care center" or any derivative term in a posted name or advertising that would
			 give the impression that emergency medical services as that is defined in OAR
			 333-500-0010  is provided by the person at a particular facility unless that
			 facility is a hospital licensed under ORS
			 441.025 with an emergency
			 department. Use of the words "urgent" or "immediate" shall not be considered
			 derivative terms.
(9) A person not
			 licensed as a hospital under ORS
			 441.025 with an emergency
			 department using the terms prescribed in section (8) of this rule has 90 days
			 from November 15, 2016 to come into compliance.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.015,
				  441.025,
				  441.030 &
				  441.055
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0025 - Informal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If,
			 during an investigation or survey Oregon Health Authority (Authority) staff
			 document violations of health care facility 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 mailed to the hospital. 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 hospital 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 hospital
			 administrator in writing and request that the plan of correction be modified
			 and resubmitted no later than 10 working days from the date the letter of
			 non-acceptance was mailed to the administrator.
(5) If the hospital does not come into
			 compliance by the date of correction reflected on the plan of correction or 60
			 days from date of the exit conference, whichever is sooner, the Authority may
			 propose to deny, suspend, or revoke the hospital license, or impose civil
			 penalties.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.015 &
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0030 - Formal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If,
			 during an investigation or survey Oregon Health Authority (Authority) staff
			 document substantial failure to comply with health care facility licensing
			 laws, conditions of participation or if a hospital fails to pay a civil penalty
			 imposed under ORS 441.793, the Authority may issue
			 a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance
			 with ORS 183.411 through
			 183.470.
(2) The Authority may issue a Notice of
			 Imposition of Civil Penalty for violations of health care facility licensing
			 laws.
(3) At any time the Authority
			 may issue a Notice of Emergency License Suspension under ORS
			 183.430(2).
(4) If the Authority revokes a hospital
			 license, the order shall specify when, if ever, the hospital may reapply for a
			 license.
Statutory/Other Authority: ORS
				  441.025
Statutes/Other Implemented: ORS
				  441.015,
				  441.025,
				  441.030 &
				  441.037
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042, 441.157 &
				  441.175
Stats. Implemented: ORS
				  441.157
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  413.042,
				  441.025,
				  441.044,
				  441.171 & 441.175
Statutes/Other Implemented: ORS
				  441.044 &
				  441.171
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Table referenced is not included in rule text.
Click here for PDF copy of
				  table
.
Stat. Auth.: ORS
				  413.042, 441.175 &
				  441.185
Stats. Implemented: ORS 441.175 &
				  441.185
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0050 - Civil Penalties for Violation of Smoking Prohibition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Oregon
			 Health Authority (Authority) determines that an administrator or person in
			 charge of a hospital permits a person to smoke tobacco in a hospital or within
			 10 feet of a doorway, open window or ventilation intake of a hospital, the
			 Authority may assess a civil penalty of not more than $500 per day against the
			 administrator or the person in charge of a hospital.
(2) In determining whether an administrator
			 or person in charge of a hospital has permitted a person to smoke tobacco in
			 violation of ORS 441.815, the Authority shall
			 consider whether:
(a) A hospital administrator
			 or person in charge of a hospital has taken steps to enforce the smoking
			 prohibitions, including calling law enforcement to report a
			 violation;
(b) The hospital
			 administrator or person in charge of a hospital took affirmative action to
			 address any complaints about smoking in a hospital or within 10 feet of a
			 doorway, open window or ventilation intake of a hospital; and
(c) A hospital administrator or person in
			 charge of a hospital has taken steps to educate the public and staff about the
			 smoking ban.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0055 - Civil Penalties, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule does not apply to civil
			 penalties for violations of ORS
			 441.763,
			 441.770,
			 441.815, or
			 435.254 or rules adopted to
			 implement these statutes.
(2) A
			 person that violates a health care facility licensing law, including OAR
			 333-501-0020  (violations), is subject to the imposition of a civil penalty not
			 to exceed $500 per day per violation.
(3) In addition to the penalties under
			 section (2) of this rule, civil penalties may be imposed for violations of ORS
			 441.030,
			 441.015(1),
			 441.048, and
			 441.049.
(4) In determining the amount of a civil
			 penalty, the Oregon Health Authority (Authority) shall consider whether:
(a) The Authority made repeated attempts to
			 obtain compliance;
(b) The licensee
			 has a history of noncompliance with health care facility licensing
			 laws;
(c) The violation poses a
			 serious risk to the public's health;
(d) The licensee gained financially from the
			 noncompliance; and
(e) There are
			 mitigating factors, such as a licensee's cooperation with an investigation or
			 actions to come into compliance.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 501 - HOSPITAL MONITORING, SURVEYS, INVESTIGATIONS, DISCIPLINE, AND CIVIL PENALTIES › Section 333-501-0060 - Approval of Accrediting Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An accrediting organization may request
			 approval by the Oregon Health Authority (Authority) to ensure that hospitals
			 meet state licensing standards.
(2)
			 An accrediting organization shall request approval in writing and shall
			 provide, at a minimum:
(a) Evidence that it
			 is recognized as a deemed organization by CMS; or
(b) If the accrediting organization is not a
			 deemed organization under CMS, provide:
(A)
			 Documentation of program policies and procedures that its accreditation process
			 meets state licensing standards;
(B) Accreditation history; and
(C) References from a minimum of two
			 facilities currently receiving services from the organization.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 503 - HOSPITAL STAFFING › Section 333-503-0002 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply to hospital staffing pursuant to ORS
				441.760 to
				441.795.
Statutory/Other Authority: ORS
				  413.042 & ORS
				  441.760 - 441.795
Statutes/Other Implemented: ORS
				  441.760 -
				  441.795
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 503 - HOSPITAL STAFFING › Section 333-503-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 in ORS 441.760 apply to these
			 rules.
(2) For the purposes of
			 these rules and for the processing of complaints, the Oregon Health Authority
			 (Authority) shall apply the definitions below:
(a) "Adopt a plan" means:
(A) For purposes of adopting a nurse staffing
			 plan, that:
(i) A hospital nurse staffing
			 committee decided through a vote to approve a nurse staffing plan with a quorum
			 of members present as described in ORS
			 441.762(3), and
			 by a majority vote of the hospital nurse staffing committee with an equal
			 number of direct care staff and managers voting; or
(ii) An arbitrator issued a decision on a
			 nurse staffing plan or the disputed parts of a plan under ORS
			 441.766(3)(e).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 503 - HOSPITAL STAFFING › Section 333-503-0010 - Filing Hospital Staffing Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a hospital
			 staff person or an exclusive representative of a hospital staff person may
			 submit a complaint.
(2) Complaints
			 must be submitted through the Oregon Health Authority (Authority)'s website, on
			 a form prescribed by the Authority. Individuals that need an accommodation for
			 filing a complaint can contact the Authority.
(3) Once a complaint has been filed, the
			 Authority will process complaints in the manner described in ORS
			 441.791 and OAR
			 333-503-0020.
Statutory/Other Authority: ORS
				  413.042 & ORS
				  441.760 - 441.795
Statutes/Other Implemented: ORS
				  441.151 -
				  441.177
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 503 - HOSPITAL STAFFING › Section 333-503-0020 - Processing Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Health Authority (Authority) will only investigate complaints that are:
(a) Valid complaints; and
(b) Submitted within 60 calendar days of the
			 violation alleged in the complaint.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 503 - HOSPITAL STAFFING › Section 333-503-0040 - Hospital Staffing Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
Each occurrence of an action or failure to act under ORS
				441.792(2) is a
				separate violation.
Statutory/Other Authority: ORS
				  413.042 & ORS
				  441.760- 441.795
Statutes/Other Implemented: ORS
				  441.760-
				  441.795
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 503 - HOSPITAL STAFFING › Section 333-503-0050 - Hospital Staffing Plan Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hospital may
			 request a waiver under ORS
			 441.778 to the written
			 hospital-wide staffing plan requirements in ORS
			 441.760 to
			 441.795, if the waiver is
			 necessary to ensure that the hospital is staffed to meet the health care needs
			 of its patients.
(2) All requests
			 for a waiver must:
(a) Be submitted to the
			 Oregon Health Authority (Authority) in writing;
(b) Identify the specific requirement
			 requested to be waived;
(c) State
			 the reason or reasons for which the hospital is seeking the waiver;
(d) Identify alternatives considered, if any,
			 and why alternatives (including compliance) were not selected;
(e) Demonstrate that the waiver is necessary
			 for the hospital to ensure the hospital is staffed to meet patient health care
			 needs; and
(f) Explain whether the
			 hospital notified the applicable staffing committee of the request for a waiver
			 prior to its submission.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 503 - HOSPITAL STAFFING › Section 333-503-0060 - Nursing Staff Member Overtime

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of determining hospital compliance with ORS
				441.770, and whether a hospital
				has a violation under ORS
				441.792(2)(g):
(1) "Emergency circumstances" includes:
(a) Sudden and unforeseen adverse weather
			 conditions;
(b) An infectious
			 disease outbreak suffered by hospital staff;
(c) Any unforeseen event preventing
			 replacement staff from approaching or entering the premises; or
(d) Unplanned direct care staff vacancies of
			 20 percent or more of the nursing staff for the next shift hospital-wide at the
			 Oregon State Hospital if, based on the patient census, the Oregon State
			 Hospital determines the number of direct care staff available hospital-wide
			 cannot ensure patient safety.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 505 - HOSPITAL ORGANIZATION AND MANAGEMENT › Section 333-505-0001 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply to all hospitals, regardless of
				classification.
Stat. Auth.: ORS 441.025
Stats. Implemented:ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 505 - HOSPITAL ORGANIZATION AND MANAGEMENT › Section 333-505-0005 - Governing Body Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In a
			 multi-hospital system, one governing body may oversee multiple
			 hospitals.
(2) The governing body
			 of a hospital shall be responsible for the operation of the hospital, the
			 selection of the medical staff and the quality of care rendered in the
			 hospital. The governing body shall ensure that:
(a) All health care personnel for whom a
			 state license or registration is required are currently licensed or
			 registered;
(b) Qualified
			 individuals allowed to practice in the hospital are credentialed and granted
			 privileges consistent with their individual training, experience and other
			 qualifications;
(c) Procedures for
			 granting, restricting and terminating privileges exist and that such procedures
			 are regularly reviewed to assure their conformity to applicable law;
(d) It has an organized medical staff
			 responsible for reviewing the professional practices of the hospital for the
			 purpose of reducing morbidity and mortality and for the improvement of patient
			 care;
(e) A physician is not denied
			 medical staff privileges at the facility solely on the basis that the physician
			 holds medical staff membership or privileges at another health care
			 facility;
(f) Licensed podiatric
			 physicians and surgeons are permitted to use the hospital in accordance with
			 ORS 441.063; and
(g) All hospital
			 employees and health care practitioners granted hospital privileges have been
			 tested for tuberculosis in compliance with OAR 333-505-0070.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 505 - HOSPITAL ORGANIZATION AND MANAGEMENT › Section 333-505-0007 - Health Care Practitioner Credentialing

Current through Register Vol. 63, No. 7, July 1, 2024
Each hospital shall comply with the health care practitioner
				and telemedicine provider credentialing requirements in accordance with OAR
				chapter 409, division 045.
Stat. Auth.: ORS
				  441.056
Stats. Implemented: ORS
				  441.056 & ORS
				  441.222