Oregon Administrative Code

415-012-0052 Onsite Investigations By the Office of Training, Investigations and Safety (OTIS) The Office of Training, Investigations and Safety (OTIS) shall be permitted access to enter to review incidents of alleged abuse in adult Residential Substance Use Disorders Treatment a…

415-012-0055 Conduct of Licensure Reviews (1) The Division shall employ review procedures deemed adequate to determine applicant or provider compliance with applicable administrative rules, statutes, other applicable regulations, and as necessary, contractual obligations. These p…

415-012-0057 Organizational Provider Assessment Information In addition to the review procedures outlined in Section 415-012-0055, the Division will ensure that the following minimum information will be obtained during the site reviews; (1) A current program description that refl…

415-012-0058 Availability of Information to Coordinated Care Organizations and Other Health Plans Upon completion of the site review process and the issuance of a license, the Division shall make copies of the following information available to Coordinated Care Organizations and …

415-012-0060 Denial, Revocation, or Nonrenewal The Division shall deny an application, a request for renewal, or revoke a license when it finds any of the following: (1) There is a threat to the health, welfare, or safety of an individual or the public; (2) There is substantiated…

415-012-0065 Suspension of License (1) The Division may impose an immediate suspension order as described in section (2) or may issue a notice of intent to suspend as described in section (3). (2) Immediate suspension orders take effect prior to the opportunity for a hearing. The…

415-012-0067 Response to Criminal Records (1) The Division may deny, refuse to renew, suspend, or revoke a license if: (a) Any of the program's staff within the previous three years has been convicted of: (A) Any crime or violation under ORS chapter 475 including but not limited …

415-012-0070 Hearings (1) If a license is subject to a notice of intent to suspend, nonrenew, or revoke: (a) The provider shall be entitled to a hearing, as outlined in ORS chapter 183, preceding the effective date of the denial, suspension, nonrenewal, or revocation if requested…

415-012-0075 Licensure Conditions (1) The Division may at any time and at its discretion impose conditions on a license upon a finding that: (a) There is a threat to the health, welfare, or safety of an individual or the public; (b) There is substantiated evidence of abuse, negle…

415-012-0080 Complaints (1) Any person who believes that administrative rules have been violated may file a complaint with the Division: (a) The Division may require that complainant exhaust grievance procedures available to them through the provider prior to initiation of an inv…

415-012-0090 Variances (1) A variance request must be made in writing: (a) For an initial application, it should be included with the application documents; (b) If the provider is an agency under contract with the local mental health authority, it must submit the request through …

415-020-0000 Purpose These rules prescribe standards for the development and operation of Opioid Treatment Programs approved by the Health Systems Division of the Oregon Health Authority. Statutory/Other Authority: ORS 430.256 Statutes/Other Implemented: ORS 430.010(4)(b) & 430.5…

415-020-0005 Definitions (1) "Accreditation" means the process of review and acceptance by an accreditation body. (2) "Accreditation Body" means an organization that has been approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) to accredit opioid tre…

415-020-0010 Program Approval (1) Letter of Approval: No person or governmental entity shall operate an Opioid Treatment Program (OTP) without a letter of approval from the State Opioid Treatment Authority in Oregon. (2) Application: To receive a certificate for the provision of …

415-020-0015 Administrative Requirements (1) Administrative Rules: An Opioid Treatment Program which obtains reimbursement for publicly funded services shall comply with the public contracting rules including but not limited to: (a) OAR 309-013-0020; (b) OAR 309-013-0075 to 309-0…

415-020-0017 Patient Records (1) Patient Recordkeeping: Each program shall: (a) Accurately record all information about patients as required by these rules in the permanent patient record; (b) Maintain each patient record to assure identification, accessibility, uniform organizat…

415-020-0020 Patient Rights (1) Patient Record Confidentiality: An Opioid Treatment Program (OTP) shall comply with federal regulations (42 CFR part 2, 45 CFR 205.50) and state statutes (ORS 179.505 and 430.399) pertaining to confidentiality of patient records. (2) Informed Conse…

415-020-0025 Admission Policies and Procedures (1) Admission Criteria: The Opioid Treatment Program (OTP) shall have written criteria for accepting or rejecting admission requests. The criteria shall be available to patients, staff, and the community, and require: (a) Evidence of…

415-020-0030 Diagnostic Assessment (1) Written Procedure: The Opioid Treatment Program shall develop and implement a written procedure for assessing each patient's treatment needs consistent with The ASAM Criteria. (2) The diagnostic assessment shall be documented in the permanen…

415-020-0035 Treatment Planning and Documentation of Treatment Progress (1) The Opioid Treatment Program (OTP) shall develop treatment plans, progress notes, and discharge plans consistent with The ASAM Criteria. (2) Treatment Plan: The OTP shall develop an individualized treatme…

415-020-0040 Treatment Services General (1) Treatment Services: The Opioid Treatment Program (OTP) shall provide patients the following services and activities and document the time or manner of each service or activity in the patient record: (a) Dispensing of approved opioid ago…

415-020-0050 Transitional Treatment (1) The Opioid Treatment Program shall provide transitional care for patients for who continued opioid agonist medication maintenance is no longer deemed appropriate. (2) Transitional treatment services shall be provided with the purpose of ass…

415-020-0053 Unsupervised Use of Opioid Agonist Medications (1) Any patient in comprehensive maintenance treatment may receive a single take-home dose for a day that the clinic is closed for business, including Sundays, and state or federal holidays. (2) Decisions on dispensing o…

415-020-0054 Diversion Control Plan Each Opioid Treatment Program shall have a diversion control plan to reduce possibilities for diversion of controlled substances from legitimate treatment to illicit use. The plan shall include the following; (1) A mechanism for continuous moni…

415-020-0060 Medically Supervised Withdrawal (1) This section contains special provisions that apply to medically supervised withdrawal. Except as otherwise noted in this section, all requirements in the other sections of this rule apply to medically supervised withdrawal as well…

415-020-0065 Opioid Agonist Medication Administration (1) The Opioid Treatment Program (OTP) shall meet the following standards for opioid agonist medication for administration: (a) Methadone shall be administered only in oral form and shall be formulated in such a way as to redu…

415-020-0070 Medical Services (1) There shall be at least one program physician, licensed nurse practitioner or licensed physicians’ assistant available to supervise the initial medical evaluation, supervise follow-up care and to supervise the patient medication schedules, who is…

415-020-0075 Specific Staff Qualifications and Competencies (1) Medical Director Qualifications: The Medical Director must be a physician licensed by the Oregon Board of Medical Examiners and whose license enables him or her to order, dispense, and administer opioid agonist medic…

415-020-0080 Volunteers An Opioid Treatment Program utilizing volunteers shall have the following standards for volunteers: (1) Policy Required: A written policy regarding the use of volunteers that shall include: (a) Specific tasks and responsibilities of volunteers; (b) Procedu…

415-020-0085 Building Requirements (1) Applicable Codes: Each Opioid Treatment Program shall maintain up-to-date documentation verifying that they meet applicable building codes, and state and local fire and safety regulations. The program must check with local government to make…

415-020-0090 Variances Requirements and standards for requesting and granting variances or exceptions are found in OAR 309-008-1600. Statutory/Other Authority: ORS 430.256 Statutes/Other Implemented: ORS 183, 430.560 & 430.590 History: ADS 9-2016, f. & cert. ef. 12-14-16 ADS 6-20…

415-020-0096 Mobile Opioid Treatment Programs and Medication Units (1) Letter of Approval: No person or governmental entity shall operate a Mobile Opioid Treatment Program or medication unit without a letter of approval and certification from the State Opioid Treatment Authority …

415-050-0100 Purpose These rules prescribe standards for the development and operation of withdrawal management programs approved by the Division. Statutory/Other Authority: ORS 413.042 & 430.256 Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306 History: ADS 3-2023, ame…

415-050-0105 Definitions The following definitions apply to 415-050-0100 through 415-050-0195. (1) "Abuse of an Adult" means the circumstances defined in ORS 430.735 and OAR Chapter 407, Division 45 for abuse of an adult with mental illness or who is receiving residential substan…

415-050-0110 Licensing Standards (1) Withdrawal management programs must be licensed by the Division in accordance with OAR 415-012-0000 to render detoxification services under ORS 430.306, henceforth referred to as withdrawal management services. A License issued to a program mu…

415-050-0115 Policies, Procedures and Protocols (1) All providers must develop and implement written policies and procedures, compliant with OAR 415-050. (2) Policies must be available upon request. (3) Providers must develop and implement written policies and procedures includin…

415-050-0120 Patient Rights (1) In addition to all applicable statutory and constitutional rights, every patient receiving services has the right to: (a) Choose from available services and supports, those that are consistent with the stabilization and care coordination plans, cul…

415-050-0125 Personnel Records (1) Providers must maintain personnel records for each program staff and withdrawal management technician that contains, at a minimum, all of the following documentation: (a) The results of national and state-wide criminal records check processes ap…

415-050-0130 Staffing Standards Providers are responsible for all program staff. Programs must maintain the following minimum staffing standards: (1) Program staff in the following positions must meet applicable credentialing or licensing standards, including those set forth in O…

415-050-0135 Quality Assurance and Performance Improvement Providers must develop and implement a structured and ongoing process to assess, monitor, and improve the quality and effectiveness of services provided to patients, including: (1) The program must document a quality assu…

415-050-0140 Admission The program must utilize an admission procedure that at a minimum must ensure the provision and documentation of the following: (1) Program orientation information must be offered in written format in a language understood by the patient. The orientation in…

415-050-0145 Medical Services (1) At a minimum, programs must ensure each of the following: (a) Sufficient medical treatment staff staffing with the ability to transfer or admit patients to ASAM Level 3.7-WM program or a hospital as necessary; (b) A LMP must be available daily fo…

415-050-0150 Supportive Stabilization Services The Program must offer the following services to support stabilization: (1) Motivational counseling, care coordination and case management services. (2) Information to assist patient choice to remain in services for the duration dete…

415-050-0155 Management of Medications Each Program must have: (1) A written order signed by a physician, a physician's standing order, or a physician's order received by phone and signed by the physician at the earliest opportunity before any medication is administered or dispen…

415-050-0160 Clinically Managed Residential Withdrawal Management, ASAM Level 3.2-WM In addition to any other requirements described in these rules and applicable statutes, programs approved to render Clinically Managed Residential Withdrawal Management Services, ASAM Level of Ca…

415-050-0165 Medically Monitored Inpatient Withdrawal Management, ASAM Level of Care 3.7-WM In addition to any other requirements described in these rules and applicable statutes, programs approved to render Medically Monitored Inpatient Withdrawal Management Services, ASAM Level…

415-050-0170 Building Requirements In addition to the building requirements for outpatient Alcohol and Other Drug treatment programs, withdrawal management programs must meet the following standards: (1) Prior to construction of a new building or major alteration of or addition t…

415-050-0175 Client Furnishings and Linens (1) Each Program must provide furniture for each patient which must include: (a) A bed with a frame and a clean mattress and pillow; and (b) A private dresser or similar storage area for personal belongings which is readily accessible to…

415-050-0180 Safety The program must the following safety requirements: (1) At no time must the number of patients served exceed the approved capacity; (2) A written emergency plan must be developed and posted next to the telephone used by program staff and must include: (a) Inst…

415-050-0185 Sanitation Each Program must comply with the following sanitation standards: (1) All floors, walls, ceilings, window, furniture, and equipment must be kept in good repair, clean, neat, orderly, and free from odors. (2) Each bathtub, shower, hand-washing sink, and toi…