Oregon Administrative Code

333-035-0160 Geographic Service Area (1) A hospice program serves a geographic service area that is within a 60-mile radius from the physical location of the hospice program. (2) Multiple locations may provide services within a portion of the parent hospice program's geographical…

333-035-0165 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…

333-035-0167 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…

333-035-0170 Advance Directives (1) A hospice program shall comply with ORS 127.649 relating to written policies and procedures on providing information to patients on a patient's right to make health care decisions. (2) In accordance with ORS 127.652, a hospice program shall pro…

333-035-0175 Health Care Interpreter Services A hospice program shall comply with ORS 413.559 and OAR 950-050-0160 to provide health care interpreting services as defined in OAR 950-050-0010 to a patient who prefers to communicate in a language other than English. Statutory/Other…

333-035-0180 Clinical Records (1) If a hospice program changes ownership, the hospice program shall retain all clinical records in written or electronic form, and it shall be the responsibility of the successor hospice program to protect and maintain these records in accordance w…

333-035-0190 Infection Control A hospice program shall develop, implement and maintain an infection control program to prevent and control infections and communicable diseases. The program shall include at a minimum: (1) A tuberculosis infection control plan in accordance with OA…

333-035-0200 Quality Assessment and Performance Improvement A hospice program must measure, analyze, and track quality indicators, adverse patient events, infection control and other aspects of performance that includes care and services furnished to a patient. A hospice program …

333-035-0210 Criminal Records Check (1) As used in this rule: (a) "Disqualifying condition" means a non-criminal personal history issue that makes a subject individual unsuitable for employment, contracting or volunteering for a hospice program, including but not limited to disci…

333-035-0220 Complaints (1) Any person may make a complaint verbally or in writing to the Oregon Health Authority (Authority) regarding an allegation as to the care or services provided by a hospice program or violations of any hospice program laws or regulations. (2) The identit…

333-035-0230 Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Authority staff may conduct an unannounced complaint investigation. (2) A hospice program shall permit Authority staff access to any location…

333-035-0240 Surveys (1) The Authority shall, in addition to any investigations conducted under OAR 333-035-0230, conduct at least one in-person site inspection of each hospice program prior to licensure and once every three years thereafter as a requirement for licensure, and at…

333-035-0250 Violations In addition to non-compliance with any law that governs a hospice program or CMS Conditions of Participation, it is a violation to: (1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Authority staff acce…

333-035-0260 Informal Enforcement (1) If during an investigation or survey Authority staff document violations of hospice program licensing laws or conditions of participation, the Authority may issue a statement of deficiencies that cites the law alleged to have been violated an…

333-035-0270 Formal Enforcement (1) If during an investigation or survey Authority staff document a substantial failure to comply with hospice program licensing laws or conditions of participation, or if a hospice program fails to pay a civil penalty imposed under ORS 443.869 and…

333-035-0280 Civil Penalties (1) In addition to any other liability or penalty provided by law, the Authority may impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period, for any of the following: (a) Violation of any of the terms or conditions of a license i…

333-035-0290 Approval of Accrediting Organizations (1) An accrediting organization must request approval by the Authority to accredit hospice programs in Oregon. (2) An accrediting organization shall request approval in writing and shall provide, at a minimum: (a) Evidence that i…

333-035-0300 Waivers (1) While all hospice programs are required to maintain continuous compliance with these rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conduct…

333-039-0005 Purpose These rules govern health and safety at outdoor mass gatherings pursuant to ORS 433.735 through 433.770. Organizers of such gatherings must apply for a permit to the county governing body of the county in which an outdoor mass gathering is to take place. Appl…

333-039-0010 Definitions As used in these rules unless the context requires otherwise: (1) “Division” means Oregon Health Authority, Public Health Division. (2) “Outdoor Mass Gathering” means an actual or reasonably anticipated assembly of more than 3,000 persons which continues …

333-039-0015 Water Supply (1) Required Amounts: (a) A minimum of 12 gallons per person per day shall be available for the anticipated assembly; (b) Storage facilities equal to one day's total water usage shall be provided, unless a greater or lesser amount, with a minimum of five…

333-039-0020 Drainage (1) The site selected for the outdoor mass gathering shall have good natural drainage. Areas which are swampy, or areas known to be susceptible to flash flooding are not acceptable. (2) Roads at the outdoor mass gathering site shall be provided with culverts…

333-039-0025 Sewerage Facilities (1) Non-Water Carried Sewage Facilities: (a) The construction and maintenance of earth pit privies shall comply with the following requirements: (A) They shall be located at least 50 feet from a well, spring, or other source of domestic water supp…

333-039-0030 Refuse Storage and Disposal (1) All refuse and solid waste shall be stored in fly-tight containers constructed of impervious material. (2) Containers for refuse and solid waste storage shall be provided at a minimum ratio of one 30 gallon container for each 16 person…

333-039-0035 Food and Sanitary Food Service (1) Food service facilities, if supplied, shall be located in clean surroundings and shall be maintained in a clean and sanitary condition. (2) Food service facilities, if supplied, shall be so constructed and arranged that food, drink,…

333-039-0040 Emergency Medical Facilities (1) There shall be present at the outdoor mass gathering site for emergency medical services, physicians and nurses in the following ratios: (a) Daylight Hours — At least one Oregon physician plus sufficient other physicians (licensed to …

333-039-0045 Fire Protection (1) Each camping space shall be a minimum of 1,000 square feet or large enough to accommodate a parked camping vehicle, tent vehicle or tent, as the case may be, and to maintain at least 15 feet separation from any other camping vehicle, tent vehicle …

333-039-0050 Security Personnel (1) The organizer shall maintain an accurate count of persons attending the outdoor mass gathering and shall provide adequate security arrangements to limit further admissions to the outdoor mass gathering when the anticipated number of persons hav…

333-039-0055 Traffic (1) The organizer shall provide easily accessible roads of all-weather construction at the outdoor mass gathering site. (2) All roads shall be graded so as to be self-draining and shall be maintained in such condition that emergency and other required vehicle…

333-040-0010 Purpose and Scope (1) Purpose: The purpose of these rules is to implement ORS 453.855–453.912 and Oregon Laws 1999, Chapter 861 and provide a means whereby property found to be unfit fit for use due to chemical contamination that may result from illegal drug manufact…

333-040-0020 Definitions (1) “Agent of the Owner” — means a current employee of the owner of record who was in the employ of that owner at the time the property was determined to be an illegal drug manufacturing site; or is a current employee of any new owner and who was an emplo…

333-040-0050 Determination of Unfitness for Use (1) The determination that a property is unfit for use applies to any property that is known to have been used as an illegal drug manufacturing site, or for which there are reasonable grounds to believe that the property has been us…

333-040-0060 Unfit for Use Listing by State Department of Consumer and Business Services, Building Codes Division (1) The Director of the State Department of Consumer and Business Services shall place the property on an official unfit for use listing after it receives a copy of a…

333-040-0065 Procedures for Owners of Unfit for Use Properties (1) The owner of property determined to be unfit for use shall: (a) Prevent by reasonable means the entry, occupancy or any use whatsoever by anyone of the property in question until the property has been issued a Cer…

333-040-0070 Procedures for Assessment, Decontamination, Sampling and Testing (1) A contractor who has been retained to assess a property shall submit all information, proposals and the appropriate fee to the Division on the form supplied by the Division. (a) The contractor shall…

333-040-0080 Compliance with Regulations and Disposing of Contents of Unfit for Use Properties A contractor must conduct any abatement activities in compliance with applicable state and federal regulations. Permits may be required for such activities. The contractor shall provide…

333-040-0090 Destruction of Unfit for Use Property Property found to be unfit for use may be demolished all or in part in order to remove the contamination. A contractor shall comply with all state and local requirements, including any permits, for protecting health and the envir…

333-040-0100 Disclosure for Sale or Transfer of Illegal Drug Manufacturing Sites (1) An owner of unfit for use property may transfer or sell the property before a Certificate of Fitness is issued if the owner provides full written disclosure to the buyer or transferee. The owner …

333-040-0110 Qualifications, Training and Licensing of Contractors and Employees (1) No person or entity shall advertise to undertake, or perform the work necessary to assess or decontaminate properties found to be unfit for use, without first complying with these rules and secur…

333-040-0120 Contractor Listing The Division shall maintain a complete listing of Drug Laboratory Decontamination Contractors and shall provide copies of the list as follows: (1) To the Director of the Department of Consumer and Business Services who shall supply the list and upd…

333-040-0130 On-Site Supervision (1) The contractor shall insure that at all times during site assessment and sampling activities on illegal drug manufacturing sites, a qualified supervisor employed by the contractor shall be on site and responsible for the activities performed. …

333-040-0135 Qualifications and Training of Sampling Personnel Persons collecting site samples shall have the following minimum qualifications: (1) Have completed hazardous materials training, as set forth in OAR 333-040-0110(5); and (2) Be a certified Industrial Hygienist (CIH);…

333-040-0140 Entry and Inspection Properties determined to be unfit for use may be entered and inspected as set forth in ORS 453.873 and Oregon Laws 1999, Chapter 861. Law enforcement officials may accompany such entries for safety or security purposes. The owner, manager, tenant…

333-040-0150 Quality Control Checks (1) The Division or designated agents may inspect, evaluate and perform tests upon any property for which a Certificate of Fitness has been requested or issued. The inspection, evaluation and tests shall determine whether the approved work plan…

333-040-0170 Advice and Consultation Between the dates of scheduled training for contractors as set forth in ORS 453.888, the Division shall be available to consult with contractors, as well as those planning to become contractors, on information pertinent to illegal drug manufac…

333-040-0180 Licenses and Fees (1) For applicants applying for an initial license, the following fees are payable to the Division: (a) Drug Site Decontamination Contractors initial training course: (A) Course Registration and Processing fee: $150.00; (B) Initial Examination fee (…

333-040-0190 Reciprocity (1) The Division may provide reciprocal licensure for contractors licensed in another state, and reciprocal certification for supervisors and workers trained and certified in another state if standards and training are substantially equivalent to these ru…

333-040-0230 Denial, Suspension, Revocation of License and Civil Penalties (1) An applicant for an initial license as a Drug Laboratory Decontamination Contractor will be denied if the applicant fails to meet any of the qualifications or requirements of these rules. (2) The Divis…

333-045-0410 Purpose International health regulations allow countries to require arriving travelers to provide proof of yellow fever vaccination. The U.S. Centers for Disease Control and Prevention (CDC) Director has delegated the authority to designate yellow fever vaccination c…

333-045-0420 Adoption by Reference Outside standards, listings and publications referred to in these rules are by reference made a part of these rules as if fully set forth. Statutory/Other Authority: ORS 413.042, ORS 431.110, ORS 431.115 & ORS 431.141 - 431.149 Statutes/Other Im…