Chapter 441 — Chapter 441

ORS 441.005 [Amended by 1971 c.730 §1; 1973 c.840 §1; repealed by 1977 c.751 §57]

0.0K chars

ORS 441.007 [1973 c.840 §2; repealed by 1977 c.751 §39]

0.0K chars

ORS 441.010 [Amended by 1971 c.730 §3; 1973 c.840 §3; 1977 c.751 §18; renumbered 442.300]

0.1K chars

ORS 441.015 Licensing of facilities and health maintenance organizations; compliance with rules and standards. (1) No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, maintain, manage or operate a health care facility or health maintenance organization, as defined in ORS 442.015, in this state without a license

0.4K chars

ORS 441.017 [1981 c.231 §2; 1987 c.753 §1; 2009 c.595 §719; repealed by 2009 c.792 §49]

0.0K chars

ORS 441.020 (1) Licenses for health care facilities, except long term care facilities as defined in ORS 442.015, must be obtained from the Oregon Health Authority

4.9K chars

ORS 441.021 [2009 c.792 §4b; 2009 c.792 §54; 2011 c.720 §195a; repealed by 2025 c.623 §5]

0.0K chars

ORS 441.022 Factors to be considered in licensing. In determining whether to license a health care facility pursuant to ORS 441.025, the Oregon Health Authority or the Department of Human Services shall consider only factors relating to the health and safety of individuals to be cared for therein and the ability of the operator of the health care facility to safely operate the facility, and may not consider whether the health care facility is or will be a governmental, charitable or other nonprofit institution or whether the facility is or will be an institution for profit. [1967 c.584 §2; 1971 c.730 §6; 1973 c.840 §6; 1987 c.428 §4; 2001 c.900 §162; 2009 c.595 §721; 2009 c.792 §55]

0.0K chars

ORS 441.025 License issuance; rules; renewal; disclosure; transfer; posting. (1)(a) Upon receipt of a license fee and an application to operate a health care facility other than a long term care facility, the Oregon Health Authority shall review the application and conduct an in-person site inspection of the health care facility. The authority shall issue a license if it finds that the applicant and health care facility comply with ORS 441.015 to 441.119 and 441.993 and the rules of the authority provided that the authority does not receive within the time specified a certificate of noncompliance issued by the State Fire Marshal, deputy, or approved authority pursuant to ORS 479.215

6.6K chars

ORS 441.026 Licensing of extended stay centers; rules. (1) As used in this section

4.0K chars

ORS 441.030 Denial, suspension or revocation of licenses; restrictions on admission; penalties. (1) The Oregon Health Authority or the Department of Human Services may assess a civil penalty and, pursuant to ORS 479.215, shall deny, suspend or revoke a license, in any case where the State Fire Marshal, or the representative of the State Fire Marshal, certifies that there is a failure to comply with all applicable laws, lawful ordinances and rules relating to safety from fire

2.5K chars

ORS 441.034 Expedited licensing process; fees; rules. (1) As used in this section

4.1K chars

ORS 441.035 [Amended by 1959 c.222 §2; 1959 c.466 §1; 1971 c.730 §9; repealed by 1971 c.734 §21]

0.0K chars

ORS 441.037 Hearings; procedures; judicial review. (1) When the Oregon Health Authority or the Department of Human Services proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183

0.2K chars

ORS 441.038 Additional remedies. (1) Notwithstanding the existence and pursuit of any other remedy, the Oregon Health Authority may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a health care facility or health maintenance organization without a license

0.4K chars

ORS 441.040 [Amended by 1959 c.222 §3; 1971 c.730 §10; repealed by 1971 c.734 §21]

0.0K chars

ORS 441.044 Complaints about standard of care in facility; retaliation prohibited; rules. (1) Rules adopted pursuant to ORS 441.025 shall include procedures for the filing of complaints as to the standard of care in any health care facility and provide for the confidentiality of the identity of any complainant

2.4K chars

ORS 441.045 [Amended by 1959 c.222 §4; 1959 c.466 §2; 1971 c.730 §11; repealed by 1971 c.734 §21]

0.0K chars

ORS 441.046 Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident; rules. (1) A long term care facility may not interfere with the good faith disclosure of information by an employee or a volunteer concerning the abuse or mistreatment of a resident in the long term care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to

1.8K chars

ORS 441.047 Requirement to provide resident with information about Long Term Care Ombudsman services. Upon the admission of a resident to a long term care facility, the facility shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 §2]

0.2K chars

ORS 441.048 Discrimination based on execution of POLST, advance directive or similar instruction prohibited. (1) As used in this section

2.1K chars

ORS 441.049 Support persons for patients with disabilities. (1) As used in this section

3.6K chars

ORS 441.050 [Amended by 1971 c.730 §12; 1973 c.840 §8; 1977 c.751 §22; 1987 c.428 §8; 2001 c.900 §166; 2009 c.595 §725; renumbered 441.038 in 2019]

0.0K chars

ORS 441.051 Discharge of patient to care of lay caregiver. (1) As used in this section

2.7K chars

ORS 441.052 Provision of opioid reversal medication upon discharge or release from hospital. (1) Upon the discharge or release of a patient, a hospital licensed under this chapter shall provide to the patient at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if

1.6K chars

ORS 441.053 Release of patient presenting with behavioral health crisis. (1) As used in this section

1.3K chars

ORS 441.054 Discharge of patients receiving mental health treatment. (1) As used in this section

2.1K chars

ORS 441.055 Health care facility medical staff and bylaws; rules. (1) The governing body of each health care facility shall be responsible for the operation of the facility, the selection of the medical staff and the quality of care rendered in the facility. The governing body shall

5.1K chars

ORS 441.056 Credentialing telemedicine providers; rules. (1) The Oregon Health Authority shall prescribe by rule the information and documents that a governing body of an originating-site hospital may request for credentialing a telemedicine provider located at a distant-site hospital

2.3K chars

ORS 441.057 [1975 c.360 §2; 1981 c.336 §1; 1987 c.428 §10; 2001 c.609 §16; 2001 c.900 §168; 2009 c.595 §727; 2009 c.792 §59; 2017 c.101 §13; 2018 c.61 §16; renumbered 441.044 in 2019]

0.0K chars

ORS 441.058 [1977 c.532 §2; 1979 c.168 §1; repealed by 1983 c.781 §8]

0.0K chars

ORS 441.059 Access to previous X-rays and reports by patients of chiropractic physicians. The rules of a hospital that govern patient access to previously performed X-rays or diagnostic laboratory reports shall not discriminate between patients of chiropractic physicians and patients of other licensed medical practitioners permitted access to such X-rays and diagnostic laboratory reports. [1979 c.490 §2]

0.0K chars

ORS 441.060 Inspections; approval of plans and specifications; rules; fees. (1) The Oregon Health Authority shall make or cause to be made in-person site inspections of health care facilities licensed under ORS 441.025 (1) at least once every three years

2.5K chars

ORS 441.061 Delegation of health inspections to local public health authorities; financial assistance. (1) Upon agreement, the Director of Human Services may grant specific authorization to any local public health authority, as defined in ORS 431.003, to administer and enforce any law or rules of the Department of Human Services relating to inspections and issuance, revocation and suspension of licenses, or portion thereof, for long term care facilities

0.3K chars

ORS 441.062 Coordination of inspections; rules. (1) In conducting inspections for the purpose of licensing health care facilities under ORS 441.020, the Oregon Health Authority and the Department of Human Services shall avoid unnecessary facility disruption by coordinating inspections performed by the authority or the department with inspections performed by other federal, state and local agencies that have responsibility for health care facility licensure

1.6K chars

ORS 441.063 Use of facilities by licensed podiatric physicians and surgeons; regulation of admission and conduct. The rules of the hospital shall include provisions for the use of the hospital facilities by podiatric physicians and surgeons licensed under ORS 677.805 to 677.840, subject to rules and regulations governing the use established by the medical staff and the podiatric staff of the hospital. The staff shall regulate the admission and the conduct of the podiatric physicians and surgeons while using the facilities of the hospital and shall prescribe procedures whereby a podiatric physician and surgeon’s use of the facilities may be suspended or terminated. [1973 c.279 §2; 2007 c.71 §126; 2013 c.129 §29]

0.0K chars

ORS 441.064 Use of facilities by nurse practitioners and physician associates; rules regarding privileges and credentialing. (1) As used in this section

2.4K chars

ORS 441.065 Exemption of certain religious institutions. (1) ORS 441.015 to 441.119 and 441.993 or the rules adopted pursuant thereto do not authorize the supervision, regulation or control of the remedial care or treatment of residents or patients in any home or institution that is described under subsection (2) of this section and is conducted for those who rely upon treatment solely by prayer or spiritual means, except as to the sanitary and safe conditions of the premises, cleanliness of operation and its physical equipment. This section does not exempt such a home or institution from the licensing requirements of ORS 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.342 and 442.344

1.0K chars

ORS 441.067 Inspection reports, complaint procedures and rules; posting. (1) The Department of Human Services shall provide to each licensed long term care facility in the state in writing in clear concise language readily comprehensible by the average person

0.7K chars

ORS 441.068 Hospital policies and procedures for dispensing HIV post-exposure prophylaxis drugs or therapies. (1) As used in this section, “hospital” has the meaning given that term in ORS 442.015, excluding special inpatient care facilities as defined by the Oregon Health Authority by rule

1.0K chars

ORS 441.070 [Amended by 1959 c.222 §5; repealed by 1971 c.730 §25]

0.0K chars

ORS 441.073 Rules regarding staff ratio in long term care facilities; variances; posting. (1) The Department of Human Services shall adopt rules specifying maximum number of patients per nursing assistant per shift in long term care facilities

0.4K chars

ORS 441.075 [Amended by 1969 c.314 §44; repealed by 1971 c.730 §25]

0.0K chars

ORS 441.077 Revocation of license and other penalties for imposing restrictions upon certain physicians; construction of section. (1) If the governing body of a health care facility or health maintenance organization excludes or expels a person licensed under ORS chapter 677 from staff membership, or limits in any way the professional privilege of the person in the health care facility or health maintenance organization solely because of the school of medicine to which the person belongs, the license of the health care facility shall be subject to revocation in the manner provided in ORS 441.030. A health maintenance organization which violates this section shall be subject to penalties provided in ORS 731.988 and 731.992

0.7K chars

ORS 441.078 Disability discrimination prohibited in provision or insurance coverage of organ transplantation. (1) As used in this section

6.7K chars

ORS 441.079 Eye, organ and tissue transplants. (1) As used in this section and ORS 441.082

1.8K chars

ORS 441.080 [Repealed by 1971 c.730 §25]

0.0K chars

ORS 441.081 [1979 c.680 §2; repealed by 1981 c.784 §38]

0.0K chars

ORS 441.082 Registration of organ procurement organization, tissue bank and eye bank; rules; penalties. (1) The Oregon Health Authority shall adopt by rule standards and a system of registration for every organ procurement organization, tissue bank and eye bank doing business in this state

1.0K chars

ORS 441.083 Drug information to be provided patients of long term and intermediate care facilities. (1) If a long term care facility or an intermediate care facility required to be licensed pursuant to ORS 441.015 charges patients for drugs, the following shall be made available to the patient on request

0.6K chars