Oregon Administrative Code

333-064-0065 Civil Penalties (1) In addition to any other penalty provided by law, the Oregon Health Authority, in collaboration with the accrediting body, may impose a civil penalty not to exceed $500 per day per violation upon any and all laboratories that: (a) Falsely purport …

333-064-0100 Cannabis Sampling Procedures and Testing (1) For purposes of this rule the definitions in OAR 333-007-0310 apply unless the context indicates otherwise. (2) Sampling. (a) A laboratory must have and follow marijuana item and industrial hemp-derived vapor items samplin…

333-064-0110 Reporting Cannabis Test Results (1) For purposes of this rule the definitions in OAR 333-007-0310 apply unless the context indicates otherwise. (2) A test report must clearly: (a) Identify for the licensee or registrant: (A) Whether a sample has exceeded an action li…

333-064-0120 Proficiency Testing for Laboratories Accredited for Cannabis Testing The purpose of a proficiency testing (PT) study is to provide a means for the Oregon Environmental Laboratory Accreditation Program (ORELAP) to evaluate a laboratory’s performance, under specified c…

333-064-0130 Cannabis Laboratory Violations and Enforcement (1) In addition to any violation of these rules, it is a violation for a laboratory accredited for cannabis sampling or analysis to: (a) Falsify any documentation that is required by these rules or the laboratory’s accre…

333-064-0140 Psilocybin Products Sampling Procedures and Testing (1) For purposes of this rule the definitions in OAR 333-333-1010 apply unless the context indicates otherwise. (2) Sampling. (a) A laboratory must have and follow psilocybin products sampling policies and procedure…

333-064-0150 Reporting Psilocybin Products Test Results (1) For purposes of this rule the definitions in OAR 333-333-1010 apply unless the context indicates otherwise. (2) A test report must clearly identify for the manufacturer: (a) Whether a sample has exceeded an action limit …

333-064-0160 Psilocybin Laboratory Violations and Enforcement (1) In addition to any violation of these rules, it is a violation for a laboratory accredited for psilocybin product sampling or analysis to: (a) Falsify any documentation that is required by these rules or the labora…

333-067-0100 Definitions (1) For the purposes of OAR 333-067-0100 to 333-067-0120, unless otherwise defined therein, the words and phrases used in these rules have the same meanings as given to them in 40 Code of Federal Regulations (CFR) 745 Subparts D, E and L. (2) In addition …

333-067-0105 Risk Assessment (1) In addition to the requirements for risk assessments found in OAR chapter 333, division 69, a risk assessment obtained under OAR 333-067-0110(2)(a) must include: (a) Dust wipe samples taken in accordance with clearance categories found in chapter …

333-067-0110 Required Remediation of Lead-Based Paint Hazards; Identification of a Third Party; Stop-Work Order (1) The Authority may issue an order described in section (2) of this rule to: (a) A person who has violated ORS 431A.358 or a rule adopted under ORS 431A.355; or (b) A…

333-067-0115 Violations; Schedule of Penalties (1) The Authority may assess civil penalties under these rules for any of the following violations: (a) Failure to comply with an order or an Authority request to identify a third party; (b) Failure to comply with a stop work order a…

333-068-0070 Certification Requirements for Contractors Performing Demolitions A contractor, as that term is defined in ORS 701.005(5)(a), is considered certified for the purposes of performing demolitions under Oregon Laws 2017, chapter 739, if the contractor has any of the foll…

333-069-0100 Federal Regulations Adopted by Reference (1) The Oregon Health Authority (Authority) is authorized to administer the lead-based paint activities program under ORS 431A.355 and 40 Code of Federal Regulations (CFR) 745.324. The Authority’s rules must be no less stringe…

333-069-0110 Violations; Schedule of Penalties (1) The Authority may assess civil penalties, or deny, suspend or revoke any accreditation or certification applied for or issued under these rules for any of the following violations: (a) Level one violations: (A) Offering to perfor…

333-069-0120 Certification and Accreditation Periods; Fees (1) Certifications and recertifications are issued for three years. (2) Accreditations and reaccreditations are issued for one year. (3) The following certification and recertification fees are established and are non-ref…

333-070-0200 Federal Regulations Adopted by Reference (1) The Oregon Health Authority (Authority) is authorized to administer the lead-based paint activities program under ORS 431A.355 and 40 Code of Federal Regulations (CFR) 745.324. The Authority’s rules must be no less stringe…

333-070-0210 Inspections and Enforcement (1) The Authority may: (a) Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect, investigate, evaluate or conduct tests or take specimens or samples for testing, as neces…

333-070-0220 Certification Fees and Refunds (1) Firm certifications and recertifications are issued for five years. (2) The following fees for certification and recertification for firms are established and are non-refundable: (a) Firm certification: $250. (b) Firm recertificatio…

333-070-0230 Suspending, Revoking, or Denying a Training Program’s Accreditation; Civil Penalties (1) The Authority may: (a) Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect or investigate as necessary to de…

333-070-0240 Accreditation Fees (1) Accreditations and reaccreditations are issued for four years. (2) The following accreditation and reaccreditation fees are established and are non-refundable: (a) Renovator Initial — $560 — $340: (b) Dust Sampling Technician Initial — $560 — $…

333-071-0200 Purpose and Applicability (1) The purpose of these rules is to establish standards for the licensure of special inpatient care facilities (SICF) to ensure the health and safety of individuals who receive services from these facilities. (2) An SICF classified as a rel…

333-071-0205 Definitions As used in OAR chapter 333, division 71, unless the context requires otherwise, the following definitions apply: (1) "Assessment" means a complete nursing assessment, including: (a) The systematic and ongoing collection of information to determine an indi…

333-071-0210 License Application and Fees (1) An applicant wishing to apply for a new or renewal license to operate a special inpatient care facility (SICF) shall submit an application on a form prescribed by the Oregon Health Authority (Authority) and pay the applicable nonrefun…

333-071-0215 Application Review (1) In reviewing an application for a new special inpatient care facility (SICF) the Oregon Health Authority (Authority) shall: (a) Verify compliance with the applicable sections of ORS chapters 441, 442 and 476, these rules and OAR chapter 333, di…

333-071-0220 Approval of License Application (1) The Authority shall notify an applicant in writing if a license application is approved and shall include the license with the appropriate classification. (2) A license shall be issued only for the premises or governmental units na…

333-071-0230 Expiration and Renewal of License (1) Each license to operate an SICF shall expire on December 31 following the date of issue, and if a renewal is desired, the licensee shall make application and pay the appropriate fee at least 30 days prior to the expiration date u…

333-071-0235 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 441.025 Statutes/Other Implemented: …

333-071-0240 Return of SICF License and SICF Closure (1) If an SICF license is suspended, revoked, or if a facility decides to permanently close, the license certificate in the licensee's possession shall be returned to the Authority immediately. (2) If an SICF decides to volunta…

333-071-0245 Discontinuance and Recommencement of Operations (1) If an SICF wishes to temporarily discontinue operation but retain its license to operate, the SICF shall notify the Authority of the fact at least 14 days prior to the temporary discontinuance. (2) An SICF shall iss…

333-071-0250 Classification (1) An SICF shall be classified as follows: (a) Freestanding hospice facility; (b) Rehabilitation hospital; (c) Religious institution; or (d) Substance use disorder treatment facility. (2) The classification of each SICF shall be so designated on the l…

333-071-0260 Waivers (1) While all special inpatient care facilities (SICFs) are required to maintain continuous compliance with the Oregon Health Authority's (Authority) rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, e…

333-071-0270 Complaints (1) Any person may make a complaint verbally or in writing to the Authority regarding an allegation against an SICF of a violation of any SICF licensing law or condition of participation. (2) The identity of a person making a complaint and any personal ide…

333-071-0280 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 SICF shall permit Authority staff access to the facility during an investigation. (3) An …

333-071-0290 Surveys (1) The Authority shall, in addition to any investigations conducted under OAR 333-071-0280, conduct at least one on-site licensing survey of each SICF every three years to determine compliance with SICF licensing laws and at such other times as the Authority…

333-071-0300 Nurse Staffing Audit and Complaint Investigation Procedures An SICF is subject to and shall comply with hospital nurse staffing audit procedures and hospital nurse staffing complaint investigation procedures specified in OAR chapter 333, division 501. Statutory/Other…

333-071-0310 Violations In addition to non-compliance with any SICF licensing law, condition of participation or condition 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 a…

333-071-0315 Informal Enforcement (1) If, during an investigation or survey Authority staff document violations of SICF licensing laws, conditions of participation or conditions for coverage, the Authority may issue a statement of deficiencies that cites the law alleged to have b…

333-071-0320 Formal Enforcement (1) If, during an investigation or survey, Authority staff document substantial failure to comply with SICF licensing laws, conditions of participation or conditions for coverage or if an SICF fails to pay a civil penalty imposed under ORS 441.170,…

333-071-0330 Approval of Accrediting Organization An accrediting organization may request approval by the Authority in accordance with OAR 333-501-0060. Statutory/Other Authority: ORS 441.062 Statutes/Other Implemented: ORS 441.062 History: PH 4-2019, adopt filed 02/21/2019, effe…

333-071-0340 Civil Penalties for Violations of Nurse Staffing Laws (1) For the purposes of this rule, "safe patient care" has the meaning given to the term in OAR 333-510-0002. (2) The Authority may impose civil penalties for a violation of any provision of ORS 441.152 to 441.177…

333-071-0345 Civil Penalties for Violation of Smoking Prohibition (1) If the Authority determines that an administrator or person in charge of an SICF permits a person to smoke tobacco in an SICF or within 10 feet of a doorway, open window or ventilation intake of an SICF, the Au…

333-071-0350 Civil Penalties, Generally (1) This rule does not apply to civil penalties for violations of ORS 441.162, 441.166, 441.815, or 435.254 or rules adopted to implement these statutes. (2) A licensee that violates an SICF licensing law, including OAR 333-071-0310 (Violat…

333-071-0360 Governing Body Responsibility (1) If a special inpatient care facility (SICF) is part of a multi-hospital system, one governing body may oversee multiple licensed hospitals within the system. (2) The governing body of each SICF shall be responsible for the operation …

333-071-0370 Health Care Practitioner Credentialing Each SICF shall comply with the health care practitioner and telemedicine provider credentialing requirements in accordance with OAR chapter 409, division 45. Statutory/Other Authority: ORS 441.025, 441.056 & 441.223 Statutes/Ot…

333-071-0380 Administrator (1) Each SICF shall employ or contract with a chief executive officer (CEO) or administrator who is responsible for the operation of the SICF and SICF based services in a manner commensurate with the authority conferred by the governing body, supports t…

333-071-0390 Medical Staff (1) The medical staff is responsible for reviewing the professional practices of the SICF for the purposes of improving patient safety and patient care, and is accountable to the governing body. (2) The SICF's medical staff organized pursuant to OAR 333…

333-071-0400 Organization Policies (1) A special inpatient care facility's (SICF's) internal organization shall be structured to include appropriate departments and services consistent with the needs of its defined community. (2) An SICF shall adopt and maintain clearly written d…

333-071-0410 Patient Rights (1) An SICF shall ensure that the facility recognizes and protects the following rights of each patient. Each patient has a right to: (a) Be treated with dignity and respect; (b) Receive care in a safe setting; (c) Participate in the development and im…

333-071-0420 Personnel (1) A special inpatient care facility (SICF) shall: (a) Maintain a workforce of qualified and trained personnel capable of meeting the service demands of the SICF, and equipment to provide effective patient care and all other related services; (b) Have writ…