Oregon Administrative Code

333-520-0020 Dietary Services (1) All hospitals, regardless of classification, shall comply with this rule. (2) A hospital shall: (a) Have an organized dietary department, directed by qualified personnel, that conforms to the requirements in OAR 333-150-0000, the Food Sanitation …

333-520-0030 Laboratory Services (1) All hospitals, regardless of classification, are required to comply with this rule. (2) A hospital shall: (a) Have on-site or use a licensed clinical laboratory that meets the requirements of ORS 438.010 through 438.510 and OAR 333-024; or has…

333-520-0035 Pharmacy Services (1) A general hospital is required to have an on site pharmacy and a pharmacist on call 24/7 to staff the pharmacy. (2) Low occupancy acute care hospitals and mental or psychiatric hospitals may have an on-site pharmacy or a drug room. (3) Low occup…

333-520-0040 Radiology Services (1) All hospitals, regardless of classification shall have on-site or contract radiology services that: (a) Comply with ORS Chapter 453 and its applicable implementing rules; (b) Support the hospital’s medical, surgical and other services; and (c) …

333-520-0050 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 members…

333-520-0060 Maternity Services (1) General hospitals are required to comply with this rule. A low occupancy acute care hospital shall comply with this rule if it offers maternity services. (2) A hospital that provides maternity services shall have separate maternity facilities a…

333-520-0070 Emergency Department and Emergency Services (1) As used in this rule: (a) "Behavioral health assessment" has the meaning given that term in ORS 743A.012; (b) "Behavioral health clinician" has the meaning given that term in ORS 743A.012; (c) "Behavioral health crisis"…

333-520-0075 Respite Care (1) A general hospital or low occupancy acute care hospital may provide respite services. (2) Application for permission to accept respite care guests shall be made to the Oregon Health Authority (Authority) on a form provided by the Authority. (3) The A…

333-520-0120 Psychiatric Services A hospital classified as mental or psychiatric or a general or low occupancy acute care hospital that provides inpatient psychiatric services and has an inpatient psychiatric unit shall comply with OAR 333-525-0000(2) through (10). Statutory/Othe…

333-525-0000 Mental or Psychiatric Hospital A hospital classified as mental or psychiatric shall: (1) Be devoted primarily to the diagnosis and treatment of mentally ill persons. (2) Have adequate numbers of qualified professional and supportive staff to evaluate patients, formul…

333-535-0000 Applicability OAR 333-535-0000 through 333-535-0015 shall apply to all hospitals not licensed or for which plans have not been approved on the effective date of these rules for major alterations and new construction. Major alteration has the meaning given that term i…

333-535-0001 Codes and Standards (1) Each hospital must meet the physical environment requirements set forth in OAR chapter 333, division 535 including any applicable building and specialty codes in effect at the time of initial licensure. Where differences occur between provisio…

333-535-0010 General Rules (1) The Authority may, upon written request, allow minor variations from these requirements (other than fire and life safety requirements) when conditions make certain changes to an applicant or licensed hospital impractical to accomplish, as long as th…

333-535-0015 Physical Environment (1) Any person proposing to construct a new hospital, or proposing to make certain alterations or additions to an existing hospital, must, before commencing new construction, alterations, or additions, comply with OAR chapter 333, division 675 an…

333-536-0000 Purpose The purpose of these rules is to establish standards for licensure of in-home care agencies. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.305 - 443.355 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012,…

333-536-0005 Definitions As used in OAR 333-536-0000 through 333-536-0125, the following definitions apply: (1) "Abuse" means: (a) "Abuse" as it applies to an "adult" as those terms are defined in ORS 430.735; (b) "Abuse" as it applies to a "child" as those terms are defined in O…

333-536-0007 Classification (1) Agencies shall be classified according to the services provided (see Table 1). An agency shall be classified as: (a) Limited: An agency that provides personal care services that may include medication reminding but does not provide medication assis…

333-536-0010 Application for Licensure (1) An agency that establishes, conducts, or represents itself to the public as providing in-home care services must be licensed by the Authority and must comply with ORS 443.305 through 443.355 and these rules. The provisions of ORS 443.305…

333-536-0015 Review of License Application In reviewing an application for an agency or subunit license, the Authority shall: (1) Confirm receipt of required fee and determine that the initial application is complete; (2) Conduct a survey in accordance with OAR 333-536-0041; and …

333-536-0021 Approval of License Application (1) The Authority shall notify an applicant in writing if a license application is approved. (2) A license shall be issued only for an agency and person(s) named in the application and may not be transferred or assigned. An agency that…

333-536-0023 Denial of 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 443.340 Statutes/Other Implemented: …

333-536-0025 Expiration and Renewal of License Each license to operate an agency shall expire 12 months from the date of issue. If renewal is desired, the licensee shall make application at least 30 days prior to the expiration date upon a form prescribed by the Authority. Statut…

333-536-0033 Denial, Suspension or Revocation of License (1) The Authority may impose a civil penalty or deny, suspend or revoke an agency license when an agency fails to comply with ORS 443.011, 443.305 through 443.355 or these rules, including but not limited to an owner or adm…

333-536-0035 Return of Agency License Each license certificate in the licensee's possession shall be returned to the Authority immediately upon the suspension or revocation of the license, failure to renew the license by the date of expiration, or if operation is discontinued by …

333-536-0041 Surveys (1) The Authority shall, in addition to any investigations conducted pursuant to OAR 333-536-0043, conduct at least one survey of each agency prior to services being rendered and once every two years thereafter in accordance with ORS 443.315 as a requirement …

333-536-0042 Complaints (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 an agency or violations of in-home care agency laws or regulations. (2) The identity of a person making a complaint a…

333-536-0043 Investigations (1) An unannounced complaint investigation shall be carried out as soon as practicable and may include, but is not limited to: (a) Interviews of the complainant, caregivers, clients, a client’s representative, a client’s family members, witnesses, and …

333-536-0045 Services Provided (1) The services provided by an agency must include the safe provision of or assistance with, personal care tasks related to one or more of the following: (a) Bathing; (b) Personal grooming and hygiene; (c) Dressing; (d) Toileting and elimination; (…

333-536-0050 Organization, Administration, and Personnel (1) An agency shall clearly set forth in writing the organization, services provided, administrative control, and lines of authority and responsibility from the owner to the client-care level. (a) An agency shall not assign…

333-536-0051 Policies and Procedures An agency shall develop, implement and enforce written policies and procedures that include, but are not limited to: (1) Administrative operations; (2) Personnel operations, including but not limited to: (a) Requirements for traveling with a c…

333-536-0052 Administrator (1) As used in this rule, "qualified" means possessing a high school diploma and having at least two years of professional or management experience in a health-related field or program. (2) An agency owner shall be qualified or employ a qualified admini…

333-536-0053 Personnel Records The agency shall maintain a personnel record for each caregiver, nursing staff member, and employee which shall include at a minimum the following: (1) Documentation of pre-employment screening including but not limited to application, interview, an…

333-536-0055 Disclosure, Screening, and Acceptance of Clients (1) An agency shall only accept or retain clients for services for whom it can ensure the following: (a) The agency has the capability to meet the in-home care needs of the client; (b) The agency employs a sufficient n…

333-536-0060 Clients’ Rights (1) The agency owner, administrator, administrator's designee, or administrator's delegate shall ensure that the agency recognizes and protects the following rights of each client: (a) The right to be treated with dignity and respect; (b) The right to…

333-536-0065 Service Plan (1) For clients receiving any service(s) described in OAR 333-536-0045, the service(s) provided shall be in accordance with a written service plan developed in collaboration with a client or the client's representative based on the client's or the client…

333-536-0066 Initial Visit and Monitoring (1) The administrator, administrator's designee, or administrator's delegate must conduct and document: (a) An initial visit at the client's residence within 30 days of the start of care to evaluate compliance by the caregiver(s) with the…

333-536-0070 Caregiver Qualifications and Requirements (1) The services and care provided by an agency shall be rendered by qualified and trained employees under the supervision of the administrator or administrator's designee. (2) All caregivers must receive all training necessa…

333-536-0075 Medication Services (1) To provide non-injectable medication services, an agency must: (a) Be classified as basic, intermediate or comprehensive; (b) Provide medication assistance or medication administration by persons who meet the requirements of section (5) of thi…

333-536-0080 Nursing Services (1) An agency providing nursing services must: (a) Be classified as comprehensive; (b) Employ a registered nurse to provide nursing services; (c) Only provide nursing services to a client whose medical condition and health status is stable and predic…

333-536-0082 Infection Control An agency shall develop an infection control program to prevent and control infections and communicable diseases. The program shall include at a minimum: (1) Active surveillance, identification, prevention, control and investigation of infectious an…

333-536-0085 Client Records (1) A client record shall be maintained for every client served by an agency, unless the client receives only housekeeping or support services, and shall be maintained in the agency’s office. (2) A legible, reproducible client record which is easily ac…

333-536-0090 Quality Assessment and Performance Improvement An agency shall establish and maintain an effective, agency wide quality assessment and performance improvement program that evaluates and monitors the quality, safety and appropriateness of services provided by the agen…

333-536-0093 Criminal Records Checks (1) For the purposes of this rule, the following definitions apply: (a) "Direct contact with" means to provide in-home care services and includes meeting in person with a potential or current client to discuss services offered by an agency or …

333-536-0095 Waivers (1) While all agencies 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…

333-536-0105 Operating Without a License If an agency is found to be operating without a valid license, the agency must, within 14 days of the receipt of an injunction obtained by the Authority pursuant to ORS 443.327: (1) Inform its clients that the agency can no longer provide …

333-536-0110 Violations In addition to non-compliance with any law that governs an agency, 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 agency, its documents or records;…

333-536-0117 Informal Enforcement (1) If during an investigation or survey Authority staff document violations of in-home care licensing rules or laws, the Authority may issue a statement of deficiencies that cites the law or rule alleged to have been violated and the facts suppo…

333-536-0120 Formal Enforcement (1) If during an investigation or survey Authority staff document a substantial failure to comply with in-home care licensing laws or rules, or if an agency fails to pay a civil penalty imposed under ORS 443.325 and these rules, the Authority may i…

333-536-0125 Civil Penalties (1) An agency that violates in-home care laws or rules, an administrative order, or settlement agreement is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000. (2) An individual who opera…

333-540-0005 Purpose and Scope (1) These rules establish minimum standards for the operation and licensure of caregiver registries. (2) A caregiver registry may provide services in addition to establishing and maintaining a list of qualified private contractor caregivers, but the…