Oregon Administrative Code

333-076-0175 ASC Infection Control (1) Each ASC shall establish and maintain an active facility-wide infection control program for the control and prevention of infection. The program shall be managed by a qualified individual and overseen by a multi-disciplinary committee which …

333-076-0180 In-service Training for ASC Nurses (1) Each year the in-service training agenda for nurses shall include at least the following: (a) Infection control measures; (b) Emergency procedures including, but not limited to, procedures for fire and other disaster; (c) Proced…

333-076-0185 ASC Physical Environment (1) On and after January 7, 2019, any person proposing to construct a new ASC, or proposing to make certain alterations or additions to an existing ASC, must, before commencing new construction, alterations, or additions, comply with OAR chap…

333-076-0190 ASC Emergency Preparedness (1) An ASC shall establish and maintain an emergency preparedness program that complies with 42 CFR 416.54 and in accordance with the Oregon Fire Code, Oregon Administrative Rules chapter 837, division 40. (2) If an ASC is affiliated with a…

333-076-0246 Waivers (1) While all ASCs are required to maintain continuous compliance with the Authority's rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conductin…

333-076-0250 ASC Violations In addition to non-compliance with any health care facility licensing law or conditions for coverage, 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 t…

333-076-0255 ASC Informal Enforcement (1) If, during an investigation or survey Authority staff document violations of health care facility licensing laws or conditions for coverage, the Authority may issue a statement of deficiencies that cites the law alleged to have been viola…

333-076-0260 ASC Formal Enforcement (1) If, during an investigation or survey Authority staff document substantial failure to comply with health care facility licensing laws, conditions for coverage or if an ASC fails to pay a civil penalty imposed under ORS 441.170, the Authorit…

333-076-0265 Civil Penalties, Generally (1) A licensee that violates a health care facility licensing law, including OAR 333-076-0250 (Violations), is subject to the imposition of a fine not to exceed $500 per day per violation. (2) In addition to the penalties under section (1) …

333-076-0270 Approval of ASC Accrediting Organizations (1) An accrediting organization must request approval by the Authority to ensure that ASCs meet state licensing standards. (2) An accrediting organization shall request approval in writing and shall provide, at a minimum: (a)…

333-076-0800 Extended Stay Center (ESC) Applicability Effective January 7, 2019, an extended stay center (ESC) licensed in accordance with OAR 333-076-0820 may provide post-surgical and post-diagnostic medical and nursing services to a patient who is recovering from a surgical pr…

333-076-0805 Application for ESC License and Fees (1) An applicant wishing to apply for a new or renewal license to operate an ESC shall submit an application on a form prescribed by the Authority and pay the nonrefundable fee. (a) The fee for an initial application is $20,000. (…

333-076-0810 ESC 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; and (b) Co…

333-076-0820 Approval of ESC License Application (1) For purposes of this rule, "operating room" means a room designated and equipped for performing invasive procedures and includes procedure rooms where surgical procedures that do not required a sterile environment are performed…

333-076-0830 Denial of ESC 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 & OL 2018 Chapter 50 Sta…

333-076-0840 Expiration and Renewal of ESC License Each license to operate an ESC shall expire on December 31 following the date of issue, and if a renewal is desired, the licensee shall make application and pay the required renewal fee at least 30 days prior to the expiration da…

333-076-0850 Return of ESC License and ESC Closure (1) If an ESC license is suspended, revoked, or if an ESC decides to permanently close, the license certificate in the licensee's possession shall be returned to the Authority immediately. (2) If an ESC decides to voluntarily per…

333-076-0860 ESC Surveys (1) The Authority shall, in addition to any investigations conducted under OAR 333-076-0880, conduct at least one on-site licensing survey of each ESC every three years to determine compliance with health care facility licensing laws and at such other tim…

333-076-0870 ESC Complaints (1) Any person may make a complaint verbally or in writing to the Authority regarding an allegation against an ESC of a violation of health care facility licensing laws or regulations. (2) The identity of a person making a complaint and any personally …

333-076-0880 ESC 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 ESC shall permit Authority staff access to the facility during an investigation. (3) …

333-076-0890 ESC Health Care Practitioner Credentialing Each ESC shall comply with the health care practitioner credentialing requirements in accordance with OAR chapter 409, division 045. Statutory/Other Authority: ORS 441.223 & 441.233 Statutes/Other Implemented: ORS 441.226 & …

333-076-0900 ESC Governing Body (1) The governing body of each ESC shall be responsible for the operation of the facility, the selection of the medical staff and the quality of care rendered in the facility. The governing body shall: (a) Establish in writing the ESC's scope of se…

333-076-0910 ESC Medical Staff (1) The physicians and dentists organized into a medical staff pursuant to OAR 333-076-0900 shall propose medical staff bylaws to govern the medical staff. The bylaws shall include, but not be limited to the following: (a) Procedures for physicians …

333-076-0920 ESC Personnel (1) Each ESC shall maintain a sufficient number of qualified personnel to provide effective patient care and all other related services that are separate and distinct from the affiliated ASC. (2) There shall be written personnel policies and procedures …

333-076-0930 ESC Policies and Procedures (1) The governing body of an ESC 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…

333-076-0940 ESC Admission Criteria, Patient Care and Discharge (1) A patient may only be admitted to an ESC if the patient: (a) Was discharged from the affiliated ASC where the procedure was performed in accordance with these rules; (b) Will require a stay of not more than 48 ho…

333-076-0950 ESC Patient Transfer (1) An ESC shall have a policy for essential life saving measures and stabilization of a patient and immediate transfer, to a local hospital, of a patient requiring medical care that exceeds the capabilities of the ESC or when care extends beyond…

333-076-0960 ESC Nursing Services (1) In an ESC, a registered nurse with experience in post-operative care shall be responsible for the direction of nursing services and for the nursing care provided to patients. (2) The number and types of nursing staff necessary for an ESC shal…

333-076-0970 ESC Pharmacy Services (1) In an ESC that does not have a pharmacy on the premises, stock quantities of prescription drugs, including local anesthetics, shall be stored on the premises only when such drugs have been obtained for dispensation or administration to respe…

333-076-0980 ESC Laboratory Services (1) Laboratory services shall be available for every patient either through the use of a licensed clinical laboratory in the ESC or a written contract with a licensed clinical laboratory. (2) Notwithstanding section (1) of this rule, an affili…

333-076-0990 ESC Radiologic Services (1) An ESC may provide radiologic services directly or under a contract with the affiliated ASC or other party. (2) All radiologic services must meet hospital radiologic service requirements at 42 CFR 482.26(b), (c)(2) and (d)(2), regardless o…

333-076-1000 ESC Dietary Services (1) An ESC shall provide dietary services to admitted patients that conforms to Food Sanitation Rules, OAR chapter 333, division 150. (2) An ESC may contract with an external vendor to prepare and deliver food to the ESC. The ESC must: (a) Have a…

333-076-1010 ESC Medical Records (1) An ESC medical record shall be maintained for every patient admitted to the ESC for care that is separate and distinct from the affiliated ASC. (2) Each ESC patient medical record shall be legible, reproducible and include at a minimum: (a) A …

333-076-1020 ESC Quality Assessment and Performance Improvement (1) The governing body of an ESC must ensure that there is an effective, facility-wide quality assessment and performance improvement program that demonstrates measurable improvement in patient health outcomes, and i…

333-076-1030 ESC Infection Control (1) Each ESC shall establish and maintain an active facility-wide infection control program for the control and prevention of infection. The program shall be managed by a qualified individual and overseen by a multi-disciplinary committee which …

333-076-1040 ESC Data Collection and Reporting Data collection and reporting shall be conducted pursuant to OAR chapter 409, division 22 and in accordance with Oregon Laws 2018, chapter 50, section 2. Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50 Statutes/Other Impl…

333-076-1050 Extended Stay Center (ESC) Physical Environment (1) Any person proposing to construct a new extended stay center (ESC), or proposing to make certain alterations or additions to an existing ESC, must, before commencing new construction, alterations, or additions, comp…

333-076-1065 ESC Waivers (1) While all ESCs are required to maintain continuous compliance with the Authority's rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the condu…

333-076-1070 ESC Violations In addition to non-compliance with any health care facility licensing law, it is a violation to: (1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Authority staff access to the ESC, its documents or…

333-076-1080 ESC Informal Enforcement (1) If, during an investigation or survey Authority staff document violations of health care facility licensing laws, the Authority may issue a statement of deficiencies that cites the law alleged to have been violated and the facts supportin…

333-076-1090 ESC Formal Enforcement (1) If, during an investigation or survey Authority staff document substantial failure to comply with health care facility licensing laws or if an ESC fails to pay a civil penalty imposed under ORS 441.170, the Authority may issue a Notice of P…

333-076-1100 ESC Civil Penalties (1) An ESC that violates a health care facility licensing law, including OAR 333-076-1070 (Violations), is subject to the imposition of a fine not to exceed $500 per day per violation. (2) In addition to the penalties under section (1) of this rul…

333-077-0000 Applicability (1) The purpose of OAR chapter 333, division 77 is to establish standards for the licensure of freestanding birthing centers to ensure the health and safety of individuals who receive services from these centers. (2)(a) A freestanding birthing center mu…

333-077-0010 Definitions (1) "Authentication" means verification that an entry in the client medical record is genuine. (2) "Authority" means the Oregon Health Authority. (3) "Birthing center licensing laws" means ORS 441.015 through 441.990, as applicable, and rules adopted ther…

333-077-0015 License Application and Fees (1) A person applying for a new or renewal license to operate a birthing center must submit an application on a form prescribed by the Oregon Health Authority (Authority) and pay the applicable, non-refundable fee specified in ORS 441.020…

333-077-0020 Application Review (1) In reviewing an application for a new birthing center, the Oregon Health Authority (Authority) shall: (a) Verify compliance with the applicable sections of ORS chapters 441, 442, these rules and OAR chapter 333, division 675; (b) Conduct an in-…

333-077-0025 Approval of License Application (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 notification. (2) A license shall be issued only for the premises and persons …

333-077-0030 Denial of a License Application If the Oregon Health Authority intends to deny a license application, it shall issue a Notice of Intent to Deny in accordance with ORS 183.411 through ORS 183.470. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS …

333-077-0035 Expiration and Renewal of License (1) Each license to operate a birthing center shall expire on December 31 of each calendar year following the date of issue. (2) A birthing center shall submit a completed application for renewal on a form prescribed by the Oregon He…

333-077-0040 Denial, Suspension, or Revocation of License (1) The Oregon Health Authority (Authority) may impose a civil penalty or deny, suspend or revoke a birthing center's license for failure to comply with birthing center licensing laws. (2) If the Authority intends to impos…