Oregon Administrative Code

333-071-0423 Personnel Safety Program Requirements (1) As used in this rule: (a) "Hazards" means potentially unsafe or dangerous conditions in or around the home health care setting, including but not limited to the presence of uncontrolled animals, persistent or periodic presenc…

333-071-0425 Potential Threat or Disruptive Behavior Flagging Systems (1) As used in this rule: (a) "Authorized staff" means the personnel who are responsible for creating and tracking electronic health record flags. (b) "Disruptive behavior" includes physically aggressive, haras…

333-071-0430 Medical Records (1) A medical record shall be maintained for every patient admitted for care in an SICF. (2) A legible reproducible medical record shall include, but is not limited to the following (if applicable): (a) Admitting identification data including date of …

333-071-0440 Quality Assessment and Performance Improvement The governing body of an SICF must ensure that there is an effective, written, facility-wide quality assessment and performance improvement program to evaluate and monitor the quality and appropriateness of patient care.…

333-071-0450 Infection Control (1) Each SICF shall establish and maintain an active facility-wide infection control program. This program shall, at a minimum, include the following: (a) Identification of existing or potential infections in patients and employees, medical staff, a…

333-071-0470 Patient Admission and Treatment Orders (1) No patient shall be admitted to a special inpatient care facility (SICF) except on the order of an individual who has admitting privileges. The admitting medical staff member for the facility shall provide sufficient informa…

333-071-0480 Nursing Care Management (1) The nursing care of each patient in a health care facility shall be the responsibility of a registered nurse (RN). (2) The RN will only provide services to the patients for which she or he is educationally and experientially prepared and f…

333-071-0485 Nursing Services (1) An SICF shall provide a nursing service department which provides 24-hour onsite registered nursing care, seven days per week. (2) The nursing services department shall be under the direction of a nurse executive who is a registered nurse, licens…

333-071-0490 Nurse Executive (1) The nurse executive position shall be full-time (40 hours per week). Time spent in professional association workshops, seminars and continuing education may be counted as his or her duties in considering whether or not he or she is full-time. (2) …

333-071-0510 Dietary Services (1) An SICF, regardless of classification, shall: (a) Have an organized dietary department, directed by qualified personnel that conforms to the requirements in the Oregon Food Sanitation Rules, OAR 333-150-0000; (b) Employ supportive personnel compe…

333-071-0520 Laboratory Services The facility shall provide or shall have a written contract with a licensed clinical laboratory under ORS chapter 438 and OAR chapter 333, division 24, or its equivalent. A list of available tests and procedures shall be maintained. Statutory/Othe…

333-071-0530 Pharmacy Services (1) An SICF is subject to ORS chapter 689 and all the rules thereunder as applicable. (2) Pharmacy services shall be in accordance with ORS chapter 689 and OAR 855-041-5005 through 855-041-6840. (3) Provision shall be made for convenient and prompt …

333-071-0535 Radiology Services An SICF, regardless of classification shall have on-site or contract radiology services that: (1) Comply with ORS chapter 453 and rules adopted thereunder; (2) Support the SICF’s medical and other services; and (3) Are available on a timely basis. …

333-071-0550 Sanitary Precautions (1) Provisions shall be made for the proper cleaning of linen and other washable goods and proper disposal of all refuse. (2) All garbage and refuse shall be stored and disposed of in a manner that will not create a nuisance or a public health ha…

333-071-0560 Safety and Emergency Preparedness (1) An SICF shall: (a) Have a physical plant and overall facility environment that is developed and maintained in such a manner that the safety and well-being of patients are provided for. (b) Have telephone or another communication …

333-071-0570 Smoking Prohibition (1) The administrator or person in charge of the SICF may not permit a person to smoke tobacco in the facility or within 10 feet of a doorway, open window or ventilation intake of the SICF. (2) An SICF shall comply with ORS 433.835 through 433.875…

333-071-0580 Physical Environment Requirements (1) Any person proposing to construct a new special inpatient care facility (SICF) or proposing to make certain alterations or additions to an existing SICF, must, before commencing new construction, alterations, or additions, comply…

333-072-0200 Purpose The purpose of these rules is to establish notice requirements for patient choice and financial interest as required in ORS 441.098 when health practitioners refer patients for diagnostic testing or health care treatment or services. Statutory/Other Authority…

333-072-0205 Applicability These rules do not apply to a referral for a diagnostic test or health care treatment or service: (1) When a patient is receiving inpatient hospital services or emergency department services if the referral is for a diagnostic test or health care treatm…

333-072-0210 Definitions As used in OAR 333-072-0200 through 333-072-0225 the following definitions apply: (1) "Certified nurse midwife" means a registered nurse licensed by the Oregon State Board of Nursing as a nurse practitioner specializing in nurse midwifery. (2) "Emergency …

333-072-0215 Requirements for Notification of Patient Choice (1) A referral for a diagnostic test or health care treatment or service shall be based on the patient’s clinical needs and personal health choices. (2) A health practitioner may not deny, limit or withdraw a referral s…

333-072-0220 Requirement for Notice of Financial Interest If a health practitioner refers a patient for a diagnostic test or health care treatment or service to a facility in which the health practitioner or an immediate family member has a financial interest of five percent or m…

333-072-0225 Violations and Enforcement (1) A health practitioner who fails to comply with these rules shall be subject to investigation and disciplinary action in accordance with ORS 441.098. (2) When investigating an allegation that notice was not provided in accordance with OR…

333-076-0001 Applicability; Referenced Codes and Standards (1) At the time of initial licensure ambulatory surgical centers (ASC) and extended stay centers (ESC) must meet the physical environment requirements in these rules including any applicable building and specialty codes i…

333-076-0095 Purpose The purpose of these rules is to establish standards for the licensure of ambulatory surgical centers and extended stay centers to ensure the health and safety of individuals who receive services from these facilities. Statutory/Other Authority: ORS 441.025 S…

333-076-0101 Definitions As used in OAR chapter 333, division 76 unless the context requires otherwise, the following definitions apply: (1) "Affiliated with" means controlled by or associated with other persons under common ownership or control. (2) "Ambulatory Surgical Center" …

333-076-0102 Application for ASC License and Fees (1) An applicant wishing to apply for a new or renewal license to operate an ASC shall submit an application on a form prescribed by the Authority and pay the applicable nonrefundable fee as specified in ORS 441.020. (2) For purpo…

333-076-0103 ASC Application Review (1) Upon receipt of an application and the license fee, the Authority shall: (a) Verify compliance with the applicable sections of ORS chapters 441, 442 and 476, these rules, and Oregon Administrative Rules chapter 333, division 675; (b) Conduc…

333-076-0104 Approval of ASC License Application (1) The Authority shall notify an applicant in writing if a license application is approved and shall include the license with the appropriate classification. (2) A license shall be issued only for the premises and persons or gover…

333-076-0107 Denial of ASC License Application If the Authority intends to deny a license application, it shall issue a Notice of Proposed Denial of License Application in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 441.025 Statutes/Other Implement…

333-076-0108 Expiration and Renewal of ASC License Each license to operate an ASC shall expire on December 31 following the date of issue, and if a renewal is desired, the licensee shall make application and pay the required renewal fee at least 30 days prior to the expiration da…

333-076-0110 Return of ASC License and ASC Closure (1) If an ASC license is suspended, revoked, or if a facility decides to permanently close, the license certificate in the licensee's possession shall be returned to the Authority immediately. (2) If an ASC decides to voluntarily…

333-076-0111 ASC Classification (1) ASCs shall be classified as follows: (a) Certified; (b) High complexity non-certified; and (c) Moderate complexity non-certified. (2) The classification of each ASC shall be so designated on the license. (3) An ASC licensed by the Authority sha…

333-076-0114 ASC Complaints (1) Any person may make a complaint verbally or in writing to the Authority regarding an allegation against an ASC of a violation of health care facility licensing laws or regulations. (2) The identity of a person making a complaint and any personally …

333-076-0116 ASC Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Authority staff will begin an investigation. (2) An ASC shall permit Authority staff access to the facility during an investigation. (3) …

333-076-0117 ASC Surveys (1) The Authority shall, in addition to any investigations conducted under OAR 333-076-0116, conduct at least one on-site licensing survey of each ASC every three years to determine compliance with health care facility licensing laws and at such other tim…

333-076-0118 ASC Health Care Practitioner Credentialing Each ASC shall comply with the health care practitioner credentialing requirements in accordance with OAR chapter 409, division 045. Statutory/Other Authority: ORS 441.223 & 441.233 Statutes/Other Implemented: ORS 441.226 & …

333-076-0119 ASC Governing Body Responsibility The governing body of each ASC shall be responsible for the operation of the facility, the selection of the medical staff and the quality of care rendered in the facility. The governing body shall: (1) Ensure that all health care per…

333-076-0120 ASC Medical Staff (1) The physicians and dentists organized into a medical staff pursuant to OAR 333-076-0119 shall propose medical staff bylaws to govern the medical staff. The bylaws shall include, but not be limited to the following: (a) Procedures for physicians …

333-076-0125 ASC Personnel (1) The facility shall maintain a sufficient number of qualified personnel to provide effective patient care and all other related services. (2) There shall be written personnel policies and procedures which shall be made available to personnel. (3) Pro…

333-076-0130 ASC Policies and Procedures (1) The governing body of an ASC shall have a formal organizational plan with written policies, procedures and by-laws that are enforced and that clearly set forth the organizational plan with written responsibilities, accountability and r…

333-076-0135 ASC Nursing Services (1) An RN shall be responsible for the nursing care provided to the patients. (2) The number and types of nursing staff and surgical technologists shall be based on the needs of the patients and the types of services performed. (3) At least one R…

333-076-0137 ASC Surgery Services (1) For purposes of this rule: (a) "Circulating nurse" means a registered nurse who is responsible for coordinating the nursing care and safety needs of the patient in the operating room and who also meets the needs of the operating room team mem…

333-076-0140 ASC Anesthesia Services (If Provided) (1) General or regional anesthesia shall be administered only by a physician, dentist or a certified nurse anesthetist. Either the physician or the CRNA shall be present for the administration of general or regional anesthetics, …

333-076-0145 ASC Storage, Disposal and Dispensing of Drugs (1) In an ASC that does not have a pharmacy on the premises, stock quantities of prescription drugs, including local anesthetics shall be stored on the premises only when such drugs have been obtained for dispensation or …

333-076-0150 ASC Emergency Services The facility shall provide services, equipment and staff necessary to implement emergency medical care protocols. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 267-2018, minor correction filed 11/28/…

333-076-0155 ASC Laboratory Services (1) Laboratory services shall be available for every patient either through the use of a licensed clinical laboratory in the facility or a written contract with a licensed clinical laboratory. (2) Any tissue removed during surgery except those…

333-076-0160 Care of ASC Patients (1) Each patient shall be evaluated for all risk factors before a surgical procedure may be performed in accordance with 42 CFR 416.42 and 416.52. (2) Each patient shall be observed for post-operative complications under the direct supervision of…

333-076-0165 ASC Medical Records (1) A medical record shall be maintained for every patient admitted for care. (2) A legible reproducible medical record shall include at least the following (if applicable): (a) Admitting identification data including date of admission; (b) Chief …

333-076-0170 ASC Quality Assessment and Performance Improvement (1) The governing body of an ASC must ensure that there is an effective, facility-wide quality assessment and performance improvement program that demonstrates measurable improvement in patient health outcomes, and i…