Title 36, Public Health and Safety

(1) Except as provided in subsection (2) of this section, the Department of Human Services shall maintain a listing of all long term care facilities, as defined in ORS 442.015, by name and address and for each indicating: (a) The complaint file number. (b) The category of the com…

As used in ORS 441.705 to 441.745: (1) “Direct patient care or feeding” means any care provided directly to or for any patient related to that patient’s physical, medical and dietary well-being as defined by rules of: (a) The Department of Human Services when the facility is a lo…

(1)(a) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person pursuant to ORS 441.731 for any of the following: (A) Violation of any of the terms or conditions of a license issued under ORS 441.015 to 4…

(1) Any civil penalty under ORS 441.710 shall be imposed in the manner provided by ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing…

(1) The Director of Human Services shall impose civil penalties under ORS 441.710 (1) on a residential care facility or a long term care facility pursuant to ORS 441.731. (2) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establish…

A civil penalty imposed under ORS 441.710 may be remitted or reduced upon such terms and conditions as the Director of the Oregon Health Authority or the Director of Human Services considers proper and consistent with the public health and safety. [1975 c.328 §3; 1987 c.428 §39; …

(1) In regulating residential care facilities and long term care facilities, the Department of Human Services shall prioritize the health, welfare, safety and rights of residents. (2) The department may, as appropriate, use a progressive enforcement process that employs a series …

(1) The Director of Human Services may impose a civil penalty under ORS 441.710 on a residential care facility or a long term care facility pursuant to this section. (2)(a) When imposing a civil penalty on a residential care facility or a long term care facility pursuant to this …

(1) As used in this section: (a) “Immediate jeopardy” means a situation in which the failure of a residential care facility or a long term care facility to comply with a rule of the Department of Human Services has caused or is likely to cause serious injury, serious harm, seriou…

Judicial review of civil penalties imposed under ORS 441.710, shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1975 c.328 §7] Note: See note under 441.705. (Quality Care Fund)

All penalties recovered under ORS 441.710 to 441.740 shall be deposited in the Quality Care Fund established in ORS 443.001. [1975 c.328 §8; 2009 c.837 §22; 2017 c.679 §44] Note: See note under 441.705. (Prohibition on Local Government Regulation of Long Term Care Facilities and …

(1) Any hospital which treats as a patient a person under 18 years of age because the person has attempted to commit suicide: (a) Shall cause that person to be provided with information and referral to inpatient or outpatient community resources, crisis intervention or other appr…

(1) The Oregon Health Authority shall prescribe a form to be used by hospitals to make the report required by ORS 441.750 (1)(b) and shall prescribe the frequency of such reports. (2) The report form may include the name of the hospital reporting, the date of birth, race and sex …

As used in ORS 441.761 to 441.795: (1) “Charge nurse” means a direct care registered nurse who coordinates patient care responsibilities among nurses in a hospital unit. (2) “Clinical care staff” means individuals who are licensed or certified by the state and who provide direct …

(1)(a) The Nurse Staffing Advisory Board is established within the Oregon Health Authority, consisting of 12 members appointed by the Governor. (b) Of the 12 members of the board: (A) Six must be hospital nurse managers; (B) Five must be direct care registered nurses who work in …

(1)(a) For each hospital there shall be established a hospital nurse staffing committee. Each hospital nurse staffing committee shall: (A) Consist of an equal number of hospital nurse managers and direct care staff; (B) For the portion of the committee composed of direct care sta…

(1) Each hospital shall implement a written hospital-wide nurse staffing plan that: (a) Meets the requirements of this section and ORS 441.762, 441.764, 441.765, 441.766, 441.767 and 441.768; (b) Includes any staffing-related terms and conditions that were previously adopted thro…

(1) A hospital nurse staffing committee established pursuant to ORS 441.762 shall review the nurse staffing plan: (a) At least once every year; and (b) At any other date and time specified by either cochair of the committee. (2) In reviewing a staffing plan, a hospital nurse staf…

(1) As used in this section, “unit” means a hospital unit as defined by the chief executive officer of the hospital or the chief executive officer’s designee. (2) With respect to direct care registered nurses, a nurse staffing plan must ensure that at all times: (a) In an emergen…

(1) Direct care registered nurse-to-patient staffing ratios under ORS 441.765 do not apply to the care of: (a) Patients in intensive care or critical units in circumstances prescribed by the hospital nurse staffing committee; (b) Emergency department patients who are in critical …

(1) As used in this section, “psychiatric unit” includes: (a) Inpatient psychiatric units; (b) Psychiatric geriatric units; (c) Psychiatric pediatric units; (d) Emergency departments that provide psychiatric emergency service, as defined by the Oregon Health Authority by rule; an…

A hospital may not assign a certified nursing assistant to more than seven patients at a time during a day or evening shift or to more than 11 patients at a time during a night shift. [2023 c.507 §8] Note: See note under 441.761.

(1) For purposes of this section, “epidemic” means the occurrence of a group of similar conditions of public health importance in a community or region that are in excess of normal expectancy and that are from a common or propagated source. (2) Notwithstanding ORS 441.761 to 441.…

(1) For purposes of this section, “nursing staff” includes registered nurses, licensed practical nurses, certified nursing assistants and other hospital nursing staff members as defined by the Oregon Health Authority by rule. (2) When a hospital learns about the need for replacem…

A registered nurse at a hospital may not place a patient at risk of harm by leaving a patient care assignment during an agreed upon shift or an agreed upon extended shift without authorization from the appropriate supervisory personnel. [Formerly 441.168] Note: See note under 441…

(1)(a) For each hospital there shall be established a hospital professional and technical staffing committee. A hospital professional and technical staffing committee shall consist of an equal number of hospital professional and technical managers and professional and technical s…

(1)(a) For each hospital there shall be established a hospital service staffing committee. A hospital service staffing committee shall consist of an equal number of service staff managers and service staff who work at the hospital. (b) If the service staff who work at the hospita…

(1) A hospital nurse staffing committee, a professional and technical staffing committee and a hospital service staffing committee may, by mutual agreement, combine two or more of the staffing committees into one committee if: (a) The structures of the committees to be combined m…

Upon request of a hospital, the Oregon Health Authority may grant a variance to the written hospital-wide staffing plan requirements described in ORS 441.761 to 441.795 if the variance is necessary to ensure that the hospital is staffed to meet the health care needs of patients. …

A hospital shall keep and maintain records necessary to demonstrate compliance with ORS 441.761 to 441.795. A hospital must provide records kept and maintained under this section to the Oregon Health Authority upon request. [Formerly 441.173] Note: See note under 441.761.

The Oregon Health Authority shall post on a website maintained by the authority: (1) The hospital staffing plans received by the authority under ORS 441.761 to 441.795; (2) Any report, described in ORS 441.791 (2)(d), made pursuant to an investigation of a complaint for which the…

On each hospital unit, a hospital shall post a notice summarizing the provisions of ORS 441.761 to 441.795 in a place that is clearly visible to the public that includes a phone number for purposes of reporting a violation of the laws. [Formerly 441.169] Note: See note under 441.…

(1) As used in this section, “employee” and “exclusive representative” have the meanings given those terms in ORS 653.258. (2) The Oregon Health Authority shall implement a process for an employee or an employee’s exclusive representative to file a complaint against a hospital un…

(1) As used in this section, “valid complaint” means a complaint containing an allegation that, if assumed to be true, is a violation listed in ORS 441.792. (2) To ensure compliance with ORS 441.761 to 441.795, the Oregon Health Authority shall: (a) Establish a method by which a …

(1) Following the receipt of a complaint and completion of an investigation described in ORS 441.791, for a violation described in subsection (2) of this section, the Oregon Health Authority shall: (a) Issue a warning for the first violation in a four-year period; (b) Impose a ci…

(1) The Oregon Health Authority shall impose civil penalties in the manner provided in ORS 183.745 for a violation listed in ORS 441.792. (2) The authority may suspend or revoke the license of a hospital, in the manner provided in ORS 441.030, for a violation described in ORS 441…

(1) The Oregon Health Authority may adopt rules necessary to carry out ORS 441.761 to 441.795 only with respect to: (a) The processing of complaints under ORS 441.791; (b) The processing of complaints regarding meal breaks and rest breaks under ORS 441.790; (c) The requirements f…

(1) As used in this section: (a) “Hospital” has the meaning given that term in ORS 442.015. (b) “Inhalant delivery system” has the meaning given that term in ORS 431A.175. (2) The administrator or person in charge of a hospital may not permit a person to smoke tobacco or use an i…

(1) Subject to subsection (2) of this section, from October 1 through March 1 of each year, each hospital in this state shall make an offer to each patient of the hospital who is 65 years of age or older to immunize the patient against the influenza virus, provided that immunizat…

(1) When a health care facility restricts or terminates the privileges of a physician to practice medicine at that facility, it shall promptly report, in writing, to the Oregon Medical Board all the facts and circumstances that resulted in the restriction or termination. (2) A he…

(1) A governing body of a hospital licensed under ORS 441.015 to 441.119 and 441.993 may require all members of its medical staff to: (a) Provide evidence of professional medical liability insurance in a reasonable amount as specified by the hospital governing board; (b) Post a b…

(1) Violation of ORS 441.015 (1) is a Class B violation. Each day of continuing violation after a first conviction shall be considered a subsequent violation. (2) Any person who willfully prevents, interferes with, or attempts to impede in any way the work of any duly authorized …

If the Health Licensing Office or the appropriate health professional regulatory board takes disciplinary action under ORS 441.099, the office or board may also impose a civil penalty of not more than $1,000 on a health practitioner for violating ORS 441.098 (2), (3), (4) or (5).…

(1) In addition to any other penalty or remedy provided by law, the Oregon Health Authority may impose a civil penalty of up to $10,000 for each violation of ORS 441.048 or 441.049. (2) Moneys received under this section shall be paid into the General Fund. (3) Civil penalties sh…

A care facility that violates the provisions of ORS 441.111 to 441.119 and 441.993, or that employs a staff member who violates the provisions of ORS 441.111 to 441.119 and 441.993, shall be subject to civil penalties or other administrative action as may be provided under ORS 44…