Oregon Administrative Code

411-054-0034 Resident Move-In and Evaluation (1) INITIAL SCREENING AND MOVE-IN. (a) The facility must determine whether a potential resident meets the facility's admission requirements. (b) Before the resident moving in, the facility must conduct an initial screening to determine…

411-054-0036 Service Plan — General (1) If the resident has a Person-Centered Service Plan pursuant to 411-004-0030, the facility must incorporate all elements identified in the person-centered service plan into the resident's service plan. (2) SERVICE PLAN. The service plan must…

411-054-0037 Acuity-Based Staffing Tool (1) DEVELOP AND MAINTAIN ACUITY-BASED STAFFING. Facilities must select and implement a Department-approved Acuity-Based Staffing Tool (ABST) for determining appropriate staffing levels. Individual resident needs and care elements must be th…

411-054-0038 Individually-Based Limitations This rule will begin being implemented January 1, 2017. The requirements in this rule must be in place no later than June 30, 2019. (1) When the condition under OAR 411-004-0020(1)(d) may not be met due to a threat to the health and saf…

411-054-0040 Change of Condition and Monitoring (1) CHANGE OF CONDITION. These rules define a resident's change of condition as either short term or significant with the following meanings: (a) Short term change of condition means a change in the resident's health or functioning …

411-054-0045 Resident Health Services (1) RESIDENT HEALTH SERVICES. The facility must provide health services and have systems in place to respond to the 24-hour care needs of residents. The system must: (a) Include written policies and procedures on medical emergency response fo…

411-054-0050 Infection Prevention and Control (1) Facilities must establish and maintain infection prevention and control protocols to provide a safe, sanitary and comfortable environment. This includes protocols to prevent the development and transmission of communicable disease…

411-054-0055 Medications and Treatments (1) MEDICATION AND TREATMENT ADMINISTRATION SYSTEMS. The facility must have safe medication and treatment administration systems in place that are approved by a pharmacist consultant, registered nurse, or physician. (a) The administrator is…

411-054-0060 Restraints and Supportive Devices Residential care and assisted living facilities are intended to be restraint free environments. (1) Restraints are not permitted except when a resident's actions present an imminent danger to self or others and only until immediate a…

411-054-0065 Administrator Qualifications and Requirements (1) FULL-TIME ADMINISTRATOR. Each licensed residential care and assisted living facility must employ a full-time administrator. The administrator must be scheduled to be on-site in the facility at least 40 hours per week.…

411-054-0070 Staffing Requirements and Training (1) STAFFING REQUIREMENTS. Facilities must consistently have qualified awake direct care staff, sufficient in number to meet the 24-hour scheduled and unscheduled needs of each resident. Direct care staff provide services for reside…

411-054-0080 Involuntary Move-out Criteria The Department of Human Services, Aging and People with Disabilities Office encourages facilities to support a resident's choice to remain in his or her living environment while recognizing that some residents may no longer be appropriat…

411-054-0085 Refunds and Financial Management (1) RESIDENT DEATH. If a resident dies, the licensee may not require payment for more than 15 days, or the time specified in the admission agreement, whichever is less, after the date of the resident’s death. (2) RESIDENT UNABLE TO RE…

411-054-0090 Fire and Life Safety (1) FIRE DRILLS. All fire drills shall be conducted according to the Oregon Fire Code (OFC). (a) Unannounced fire drills must be conducted and recorded every other month at different times of the day, evening, and night shifts. (b) Fire and life …

411-054-0093 Emergency and Disaster Planning An emergency preparedness plan is a written procedure that identifies a facility's response to an emergency or disaster for the purpose of minimizing loss of life, mitigating trauma, and to the extent possible, maintaining services for…

411-054-0100 Exceptions and Waivers (1) SPD may grant exceptions to these rules as provided herein. Exceptions will not be granted that are determined, in the discretion of SPD, to be detrimental to the residents. The facility seeking an exception must submit to SPD, in writing, …

411-054-0105 Inspections and Investigations (1) The facility must cooperate with Department personnel in inspections, complaint investigations, planning for resident care, application procedures, and other necessary activities. (a) Records must be made available to the Department…

411-054-0106 Regulatory Framework (1) PURPOSE. The goal of the regulatory framework is to provide transparency, accuracy, and equity related to regulatory actions taken by the Department in response to facilities’ lack of substantial compliance with Oregon Administrative Rules. T…

411-054-0110 Conditions (1) The Department may impose a condition on the license of a residential care or assisted living facility in response to a substantiated finding of rule violation, including, but not limited to a substantiated finding of abuse. A condition shall be impose…

411-054-0120 Civil Penalties (1) For purposes of imposing civil penalties, facilities licensed under ORS 443.400 to 443.455 and ORS 443.991 are considered to be long-term care facilities subject to ORS 441.705 to 441.745. (2) For purposes of this rule: (a) "Person" means a licens…

411-054-0130 Non-Renewal, Denial, Suspension or Revocation of License (1) The Department may deny, suspend, revoke, or refuse to renew a license under the following conditions: (a) Where the Department finds there has been substantial failure to comply with these rules; (b) Where…

411-054-0133 Temporary Manager (1) APPOINTMENT. The Division, with the consent of the licensee, may appoint a temporary manager to assume control of the day-to-day operation of the facility in accordance with Oregon Laws 2009, chapter 539, sections 14 through 18. The appointment …

411-054-0135 Criminal Penalties (1) Violation of any provision of ORS 443.400 to 443.455 is a Class B misdemeanor. (2) Violation of any provision of ORS 443.881 is a Class C misdemeanor. Statutory/Other Authority: ORS 443.455 Statutes/Other Implemented: ORS 443.400 - 443.455 & 44…

411-054-0140 Additional Authority SPD may commence a suit in equity to enjoin operation of a facility when: (1) A facility is operated without a valid license; or (2) Notice of revocation has been given and a reasonable time has been allowed for placement of individuals in other …

411-054-0200 Residential Care Facility Building Requirements A residential care facility (RCF) and a conversion facility (CF), as defined by OAR 411-054-0005, shall be built to the following requirements and may have individual or shared living units, unless specifically exempted…

411-054-0300 Assisted Living Facility Building Requirements An assisted living facility (ALF), as defined by OAR 411-054-0005, shall be built to the following requirements and have individual living units that have a lockable door, private bathroom, and kitchenette. (1) Applicabi…

411-054-0320 Quality Measurement Program and Council (1) The purpose of the Quality Measurement Program is to allow facilities and the public to compare residential care and assisted living facility performance on each quality metric. The Department shall provide and maintain a w…

411-055-0305 Purpose (1) The purpose of the rules in OAR chapter 411, division 55 is to establish standards and procedures for licensed Residential Care Facilities endorsed as Intensive Intervention Communities (IICs). Intensive Intervention Communities provide specialized servic…

411-055-0310 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 55: (1) "Activities of Daily Living (ADL)" means those personal functional activities required by an individual for continued well-being, whi…

411-055-0315 Application for Endorsement (1) ENDORSEMENT REQUIRED. To operate as an IIC, a service provider must be endorsed under these rules. (a) At least 60 days prior to the proposed effective date of the endorsement, a service provider must submit the following to the Depart…

411-055-0320 Service Provider Requirements The service provider shall be a Residential Care Facility that must: (1) Have a history of an unencumbered license from the Department and meet the requirements of OAR 411-054-0016. (2) Meet all Home and Community-Based Service requireme…

411-055-0325 Standards for Secure Settings (1) A service provider must have Department-approved policies and procedures to ensure that individuals who are determined by their IDT to need a secure setting to retain maximum independence and protection of their rights. (2) A service…

411-055-0330 Staffing Requirements (1) The service provider must have sufficient qualified staff to meet the specialized needs of the service group and the number of residents being served. (2) Service provider must have qualified awake direct care staff unless specified by the D…

411-055-0335 Direct Care Staff Qualifications (1) In addition to specific requirements contained in OAR 411-054-0070, the service provider must have a training program that has a method to determine performance capability through a demonstration and evaluation process. (2) The se…

411-055-0340 Staff Training and Annual In-Service Training (1) Staff serving individuals in the IIC program must complete a Department-approved IIC curriculum training to address the mental, emotional and behavioral needs of the residents. (2) If the direct care staff duties incl…

411-055-0345 Documentation Requirements (1) Compliance with documentation standards in these rules, and completion of mandatory Department forms, is intended to ensure communication between case managers, service providers, and the Department. (2) The documentation requirements i…

411-055-0350 Communication and Notification (1) The facility must notify the Department, the individual's case manager, legal representative, and the contract administrator immediately of: (a) Any use of Safeguarding Interventions. (b) An individual's change of condition that jeo…

411-055-0355 Admittance Criteria Intensive Intervention Services (IIS) may be provided to individuals who meet all the following requirements: (1) The individual is at least age 18 prior to admission. (2) The individual has been assessed by the IDT as needing Intensive Interventi…

411-055-0360 Approval for Services (1) Each individual's IDT must authorize IIS. (a) The IDT must review the appropriateness of continued IIS to ensure the service plan is working to meet the needs of the individual. This review must occur weekly for one month after initial admis…

411-055-0365 Behavioral Interventions (1) Disclosures. (a) The service provider must disclose the facility's policies and practices, as identified in the Residency Agreements, to a prospective individual or the prospective individual's legal representative. (b) The individual, or…

411-055-0370 Emergency Medications (1) Service providers must have Department-approved policies and procedures regarding the use of emergency medications. Documentation must exist and be available when requested, stating that all direct care staff have reviewed these procedures o…

411-057-0100 Statement of Purpose The purpose of the rules in OAR chapter 411, division 057 is to establish standards for the endorsement of memory care communities. Memory care communities provide specialized services in a secured environment for individuals with dementia. These…

411-057-0110 Definitions Unless the context indicates otherwise, the following definitions and the definitions in OAR 411-054-0005 relating to Residential Care and Assisted Living Facilities and OAR 411-085-0005 relating to Nursing Facilities apply to these rules. (1) "Advertise"…

411-057-0120 Application for Endorsement (1) ENDORSEMENT REQUIRED. Any residential care, assisted living, or nursing facility that offers or provides care to residents with dementias in a memory care community must obtain an endorsement on its facility license. (2) APPLICATION. A…

411-057-0130 Advertising of a Memory Care Community (1) An applicant may not advertise as a memory care community until the applicant has obtained an endorsement from the Department. A prospective memory care community may advertise if they have stated their intent to be endorsed…

411-057-0140 Responsibilities of Administration (1) The licensee is responsible for the operation of the memory care community and the provision of person centered care that promotes each resident’s dignity, independence, and comfort. This includes the supervision, training, and …

411-057-0150 Staffing Requirements STAFFING REQUIREMENTS. The facility must provide residents with dementia trained staff who have been instructed in the person centered care approach. Prior to providing care and services to residents all staff must receive training as required i…

411-057-0155 Staff Training Requirements (1) A memory care community must ensure staff who provide support to residents with dementia have a basic understanding and fundamental knowledge of the residents' emotional and unique health care needs prior to providing services to resid…

411-057-0160 Resident Services in a Memory Care Community (1) Only individuals with a diagnosis of dementia who are in need of support for the progressive symptoms of dementia for physical safety, or physical or cognitive function may reside in a memory care community. Services m…

411-057-0170 Physical Design, Environment, and Safety (1) It is the intent of these rules that the physical environment and design support the needs of individuals who are cognitively impaired. The physical environment should maximize functional abilities, accommodate behavior th…