Chapter 441 — Chapter 441

ORS 441.084 Choice of patient on suppliers of drugs and supplies. (1) As used in this section, “supplier” includes an authorized representative of the patient who purchases nonprescriptive medication or nonprescriptive sickroom supplies at retail

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ORS 441.085 [1971 c.730 §2; 1973 c.840 §13; 1977 c.751 §26; 1987 c.428 §15; 2001 c.900 §171; 2009 c.595 §731; repealed by 2009 c.792 §49]

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ORS 441.086 Ambulatory surgical centers; rules. (1) An ambulatory surgical center shall evaluate all of a patient’s risk factors before permitting a surgical procedure to be performed on the patient in the facility

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ORS 441.087 General inspection of long term care facility. (1) The Department of Human Services shall, in addition to any inspections conducted pursuant to complaints filed against long term care facilities, conduct at least one general inspection of each long term care facility in the state each calendar year, including, but not limited to, entering the facility, interviewing residents and reviewing records. No advance notice shall be given of any inspection conducted pursuant to this section

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ORS 441.089 Application of Health Care Quality Improvement Act of 1986. The provisions of the Health Care Quality Improvement Act of 1986, P.L. No. 99-660, 100 Stat. p. 3743, 3784 (1986) apply within this state for professional review actions pursuant to ORS 441.015 to 441.119 and 441.993. [1987 c.850 §5]

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ORS 441.090 [1971 c.730 §15; 1973 c.358 §6; 1973 c.840 §14; 1975 c.485 §1; 1977 c.751 §28; renumbered 442.320]

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ORS 441.092 [1975 c.485 §4; 1977 c.751 §29; renumbered 442.330]

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ORS 441.094 Denial of emergency medical services because of inability to pay prohibited. (1) No officer or employee of a hospital licensed by the Oregon Health Authority that has an emergency department may deny to a person an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether a need for emergency medical services exists

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ORS 441.095 [1971 c.730 §16; 1973 c.358 §7; 1973 c.840 §15; 1975 c.485 §2; 1977 c.751 §30; renumbered 442.340]

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ORS 441.096 Identification badges. (1) Except as provided in subsection (2)(b) of this section, a health care practitioner working at a health care facility and providing direct care to a patient shall wear an identification badge indicating the practitioner’s name and professional title

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ORS 441.097 [1987 c.428 §2c; repealed by 2001 c.900 §261]

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ORS 441.098 Health practitioner referral of patient to treatment or diagnostic testing facility; definitions for ORS 441.098, 441.099 and 441.991; rules. (1) As used in this section and ORS 441.099 and 441.991

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ORS 441.099 Health Licensing Office to ensure compliance with ORS 441.098. (1) A health practitioner who fails to comply with ORS 441.098 (2), (3), (4) or (5) shall be subject to disciplinary action by the Health Licensing Office or by the appropriate health professional regulatory board as defined in ORS 676.160

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ORS 441.100 [1981 c.534 §1; 1985 c.153 §1; 2007 c.21 §3; 2013 c.717 §1; 2015 c.839 §3; renumbered 441.402 in 2015]

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ORS 441.101 Safeguards for protected health information; rules. (1) As used in this section, “protected health information” has the meaning given that term in ORS 192.556

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ORS 441.103 [1981 c.534 §2; 1985 c.153 §2; 2013 c.717 §2; renumbered 441.403 in 2015]

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ORS 441.105 [Amended by 1955 c.464 §1; 1965 c.308 §1; repealed by 1971 c.730 §25]

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ORS 441.107 [1981 c.534 §3; renumbered 441.404 in 2015]

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ORS 441.109 [1981 c.534 §4; 1985 c.153 §3; 2001 c.900 §172; 2009 c.768 §32; 2013 c.717 §3; 2014 c.117 §10; renumbered 441.406 in 2015]

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ORS 441.110 [Amended by 1955 c.464 §2; 1965 c.308 §2; repealed by 1971 c.730 §25]

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ORS 441.111 Definitions. As used in ORS 441.111 to 441.119 and 441.993

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ORS 441.112 Discrimination based on actual or perceived sexual orientation, gender identity, gender expression or HIV status. (1) A care facility and the staff of the facility may not take any of the following actions based in whole or in part on a resident’s actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status

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ORS 441.113 [1981 c.534 §5; 2013 c.717 §4; renumbered 441.407 in 2015]

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ORS 441.114 Protection of resident records; consent required for nontherapeutic examination, observation or treatment; access to transgender-related treatment. (1) A care facility shall implement procedures regarding resident records generated at the time of admission and during the resident’s stay to ensure that the records include the resident’s gender identity and the resident’s chosen name and pronouns, as indicated by the resident

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ORS 441.115 [Amended by 1965 c.308 §3; 1969 c.314 §45; repealed by 1971 c.730 §25]

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ORS 441.116 Training required; rules. (1) A care facility shall ensure that the administrators and staff employed by the facility receive training, as part of the facility’s preservices or continuing education required by law, concerning

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ORS 441.117 [1981 c.534 §6; 2001 c.104 §179; 2003 c.86 §13; 2013 c.717 §5; renumbered 441.408 in 2015]

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ORS 441.118 Training required for entities that contract with care facilities to provide services or supports to residents. (1) An entity that contracts with a care facility to provide services or supports directly to residents of the care facility shall provide to the entity’s staff persons who provide the services or supports training meeting the requirements in ORS 441.116 (1) and (2). The entity shall provide the training within 12 months of entering into the contract with the care facility and every two years thereafter. The entity shall provide the training to a newly hired staff person no later than 12 months after hiring

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ORS 441.119 Exemptions. Any requirement in ORS 441.111 to 441.119 and 441.993 may not be applied to a care facility if the requirement is incompatible with

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ORS 441.120 [Repealed by 1971 c.730 §25]

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ORS 441.121 [1981 c.534 §7; 2013 c.717 §6; renumbered 441.409 in 2015]

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ORS 441.122 Rules. The Director of Human Services shall adopt rules in accordance with ORS chapter 183 as necessary to implement the provisions of ORS 441.111 to 441.119 and 441.993. [2023 c.567 §10]

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ORS 441.124 [1981 c.534 §8; 2003 c.14 §253; 2013 c.717 §7; renumbered 441.411 in 2015]

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ORS 441.125 [Amended by 1955 c.464 §3; 1971 c.730 §18; repealed by 1977 c.751 §39]

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ORS 441.127 [1981 c.534 §9; 2013 c.717 §8; renumbered 441.412 in 2015]

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ORS 441.130 [Amended by 1955 c.464 §4; 1971 c.730 §19; repealed by 1977 c.751 §39]

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ORS 441.131 [1981 c.534 §10; 1985 c.153 §4; 2013 c.717 §9; renumbered 441.413 in 2015]

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ORS 441.133 [1981 c.534 §11; 2013 c.717 §10; renumbered 441.414 in 2015]

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ORS 441.135 [Amended by 1955 c.464 §5; 1965 c.308 §4; 1971 c.730 §20; repealed by 1977 c.751 §39]

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ORS 441.137 [1985 c.153 §6; 1989 c.224 §93; 2007 c.70 §240; 2009 c.421 §1; 2013 c.717 §11; 2014 c.117 §11; renumbered 441.416 in 2015]

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ORS 441.140 [Amended by 1955 c.464 §6; 1971 c.730 §21; 1977 c.751 §31; renumbered 442.350]

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ORS 441.142 [1985 c.153 §11; 2013 c.717 §12; renumbered 441.417 in 2015]

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ORS 441.145 [Amended by 1955 c.464 §7; 1965 c.308 §5; 1965 c.439 §5; 1971 c.730 §22; repealed by 1977 c.751 §39]

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ORS 441.146 [1995 c.789 §1; 2013 c.717 §13; renumbered 441.418 in 2015]

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ORS 441.147 [1985 c.153 §§8,9,10; repealed by 2013 c.717 §18]

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ORS 441.150 [Amended by 1971 c.730 §23; repealed by 1977 c.751 §39]

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ORS 441.151 [Formerly 441.160; 2023 c.507 §1; renumbered 441.760 in 2023]

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ORS 441.152 [2015 c.669 §2; 2023 c.507 §25; renumbered 441.761 in 2023]

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ORS 441.153 [1985 c.153 §14(3); 2001 c.716 §29; 2013 c.717 §14; 2014 c.117 §12; renumbered 441.419 in 2015]

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ORS 441.154 [2015 c.669 §1; 2023 c.507 §13; renumbered 441.762 in 2023]

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