Chapter 441 — Chapter 441
346 sections in this chapter.
ORS 441.725 [1975 c.328 §4; 1985 c.648 §3; 1987 c.428 §40; repealed by 1993 c.759 §19]
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(Regulation of Residential Care Facilities and Long Term Care Facilities by Department of Human Services)
ORS 441.726 Progressive enforcement process. (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
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(2) The department may, as appropriate, use a progressive enforcement process that employs a series of actions to encourage and compel compliance with licensing regulations through the application of preventive, positive and progressively more restrictive strategies. Preventive a…
ORS 441.730 [1975 c.328 §5; repealed by 1977 c.261 §11]
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[Repealed or reserved.]
ORS 441.731 Civil penalties. (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
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(2)(a) When imposing a civil penalty on a residential care facility or a long term care facility pursuant to this section, the director shall consider: (A) Any prior violations of laws or rules pertaining to the facility and, as a mitigating factor, whether violations were incurr…
ORS 441.735 [1975 c.328 §6; 1977 c.261 §10; 1989 c.706 §13; repealed by 1991 c.734 §122]
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[Repealed or reserved.]
ORS 441.736 License conditions. (1) As used in this section
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(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, serious impairment or death to a re…
ORS 441.740 Judicial review. 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]
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Note: See note under 441.705. (Quality Care Fund)
ORS 441.745 Penalties to 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]
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Note: See note under 441.705. (Prohibition on Local Government Regulation of Long Term Care Facilities and Residential Care Facilities) Note: Sections 2 and 6 (2), chapter 616, Oregon Laws 2021, provide: Sec. 2. (1) As used in this section: (a) “Emergency medical services provide…
ORS 441.750 Suicide attempts by minors; referral; report; disclosure of information; limitation of liability. (1) Any hospital which treats as a patient a person under 18 years of age because the person has attempted to commit suicide
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(a) Shall cause that person to be provided with information and referral to inpatient or outpatient community resources, crisis intervention or other appropriate intervention by the patient’s attending physician, hospital social work staff or other appropriate staff. (b) Shall re…
ORS 441.755 Report form; contents. (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
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(2) The report form may include the name of the hospital reporting, the date of birth, race and sex of person described in subsection (1) of this section, the suicide method used by the person and known prior attempts in the past 12 months. (3) The authority shall compile the res…
ORS 441.760 Definitions. As used in ORS 441.761 to 441.795
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(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 care. (3) “Direct care” means any c…
ORS 441.761 Nurse Staffing Advisory Board. (1)(a) The Nurse Staffing Advisory Board is established within the Oregon Health Authority, consisting of 12 members appointed by the Governor
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(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 hospitals; and (C) One must be either a direct care registered nurse who works in a hospital or a direct care staff member who is not a register…
ORS 441.762 Hospital nurse staffing committee. (1)(a) For each hospital there shall be established a hospital nurse staffing committee. Each hospital nurse staffing committee shall
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(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 staff, consist entirely of direct care registered nurses, except for one position to be filled by a direct care staff member who is not a …
ORS 441.763 Written nurse staffing plan. (1) Each hospital shall implement a written hospital-wide nurse staffing plan that
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(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 through any applicable collective bargaining agreement, including meal breaks and rest b…
ORS 441.764 Annual review of nurse staffing plan. (1) A hospital nurse staffing committee established pursuant to ORS 441.762 shall review the nurse staffing plan
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(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 staffing committee shall consider: (a) Patient outcomes; (b) Complaints regarding staffing, including complaints about…
ORS 441.765 (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
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(2) With respect to direct care registered nurses, a nurse staffing plan must ensure that at all times: (a) In an emergency department: (A) A direct care registered nurse is assigned to not more than one trauma patient; and (B) The ratio of direct care registered nurses to patien…
ORS 441.766 Exceptions to direct care registered nurse staffing ratios. (1) Direct care registered nurse-to-patient staffing ratios under ORS 441.765 do not apply to the care of
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(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 condition, until they are stable; (c) Patients in swing beds, as defined by the Centers for Medicare and Me…
ORS 441.767 Staffing plans for psychiatric units. (1) As used in this section, “psychiatric unit” includes
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(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; and (e) The Oregon State Hospital. (2) A psychiatric unit sh…
ORS 441.768 Staffing ratios for certified nursing assistants. 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]
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Note: See note under 441.761.
ORS 441.769 Modification of nurse staffing plan in case of emergency or epidemic. (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
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(2) Notwithstanding ORS 441.761 to 441.795, a hospital is not required to follow a written hospital-wide staffing plan developed and approved by the hospital nurse staffing committee under ORS 441.762 upon the occurrence of: (a) A national emergency or state emergency declared un…
ORS 441.770 Need for replacement staff. (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
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(2) When a hospital learns about the need for replacement staff, the hospital shall make every reasonable effort to obtain nursing staff for unfilled hours or shifts before requiring a nursing staff member to work overtime. (3)(a) Except as provided in subsection (4) of this sect…
ORS 441.772 Leaving a patient care assignment. 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]
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Note: See note under 441.761.
ORS 441.775 Hospital professional and technical staffing committee. (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 staff who work at the hospital
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(b) If the professional and technical staff who work at the hospital have an exclusive representative, the exclusive representative shall select the staff members of the hospital professional and technical staffing committee. (c) If none of the professional and technical staff wh…
ORS 441.776 Hospital service staffing committee. (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
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(b) If the service staff who work at the hospital have an exclusive representative, the exclusive representative shall select the service staff members of the hospital service staffing committee. (c) If none of the service staff who work at the hospital have an exclusive represen…
ORS 441.777 Combining staffing committees. (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
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(a) The structures of the committees to be combined meet the requirements of ORS 441.762 and ORS 441.775 or 441.776, as applicable; and (b) The members of the combined committee are selected from each committee by an exclusive representative or otherwise as provided in ORS 441.76…
ORS 441.778 Variances to staffing plan requirements. 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. [Formerly 441.164]
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Note: See note under 441.761.
ORS 441.780 Hospital to maintain records. 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]
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Note: See note under 441.761.
ORS 441.783 Information to be posted to Oregon Health Authority’s website. The Oregon Health Authority shall post on a website maintained by the authority
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(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 authority issued a warning or imposed a civil penalty under ORS 441.792; (3) Any…
ORS 441.785 Public notice. 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]
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Note: See note under 441.761. (Processing and Disposition of Complaints)
ORS 441.790 Process for filing complaint. (1) As used in this section, “employee” and “exclusive representative” have the meanings given those terms in ORS 653.258
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(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 under ORS 653.258 (2)(a) for missed meal periods and rest periods. (3) The authority shall forward to the Commissioner of the…
ORS 441.791 Process for investigating and resolving complaints. (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
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(2) To ensure compliance with ORS 441.761 to 441.795, the Oregon Health Authority shall: (a) Establish a method by which a hospital staff person or an exclusive representative of a hospital staff person may submit a complaint through the authority’s website regarding any violatio…
ORS 441.792 Disposition of complaints. (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
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(a) Issue a warning for the first violation in a four-year period; (b) Impose a civil penalty of $1,750 for the second violation of the same provision in a four-year period; (c) Impose a civil penalty of $2,500 for the third violation of the same provision in a four-year period; …
ORS 441.793 Penalties. (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
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(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 441.792. (3) Each violation of a written hospital-wide staffing plan shall be considered a separate violation and there is no cap on the time…
ORS 441.795 Limitations on rulemaking authority of Oregon Health Authority. (1) The Oregon Health Authority may adopt rules necessary to carry out ORS 441.761 to 441.795 only with respect to
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(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 for nurse-to-patient ratios in emergency departments under ORS 441.765 (2)(a); and (d) The provisions of ORS 441.770 …
ORS 441.810 [Formerly 441.510; repealed by 1979 c.284 §199]
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MISCELLANEOUS
ORS 441.815 Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited; rules. (1) As used in this section
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(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 inhalant delivery system in a …
ORS 441.816 Influenza vaccines for patients 65 years of age or older; rules. (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 immunization against the influenza virus is not contraindicated for that patient
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(2) Offers made under subsection (1) of this section must be based on: (a) The availability of the influenza vaccine at the time the offer is made; and (b) Any applicable recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Pr…
ORS 441.820 Procedure for termination of physician’s privilege to practice medicine at health care facility; immunity from damage action for good faith report. (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
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(2) A health care facility which reports or provides information to the Oregon Medical Board under this section and which provides information in good faith shall not be subject to an action for civil damages as a result thereof. [1977 c.448 §7]
ORS 441.825 Authority of hospital to require medical staff to provide professional liability insurance. (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
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(a) Provide evidence of professional medical liability insurance in a reasonable amount as specified by the hospital governing board; (b) Post a bond in lieu of evidence of professional medical liability insurance in a reasonable amount as specified by the hospital governing boar…
ORS 441.827 [1991 c.774 §§1,2; renumbered 676.300 in 2003]
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[Repealed or reserved.]
ORS 441.840 [1987 c.670 §1; repealed by 1989 c.800 §8]
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PENALTIES
ORS 441.990 Civil and criminal penalties. (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
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(2) Any person who willfully prevents, interferes with, or attempts to impede in any way the work of any duly authorized representative of the Department of Human Services in the lawful carrying out of the provisions of ORS 441.087 (1) commits a Class C misdemeanor. (3) The remov…
ORS 441.991 Civil penalty for violation of ORS 441.098. 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). [2013 c.552 §3]
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Note: 441.991 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 441.992 Civil penalty for violation of ORS 441.048 or 441.049. (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
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(2) Moneys received under this section shall be paid into the General Fund. (3) Civil penalties shall be imposed as provided in ORS 183.745. [2020 s.s.1 c.20 §3] Note: 441.992 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 …
ORS 441.993 Civil penalties and administrative actions. 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 441.705 to 441.745 and rules adopted by the Department of Human Services. ORS 441.111 to 441.119 and 441.993 may not be construed to limit the ability to bring any civil, criminal or administrative action for conduct constituting a violation of any other provision of law. [2023 c.567 §5]
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[Repealed or reserved.]
ORS 441.995 [1993 c.759 §10(3),(4),(5),(6); 2005 c.22 §299; 2009 c.837 §23; repealed by 2017 c.679 §46]
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