Title 36, Public Health and Safety

(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.…

(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. (2) Licenses for long term care facilities must be obtained from the Department of Human Services. (3) Applications shall be upo…

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 o…

(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…

(1) As used in this section: (a) “Extended stay center” means a facility that provides extended stay services. (b) “Extended stay services” means post-surgical and post-diagnostic medical and nursing services provided to a patient who is recovering from a surgical procedure perfo…

(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…

(1) As used in this section: (a) “Applicant” includes a person’s or governmental unit’s parent corporation or any entity affiliated with the person, governmental unit or parent corporation through ownership, governance, control or membership. (b) “Health care facility” does not i…

(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. (2) Adoption of rules, conduct of hearing…

(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 establ…

(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) A health care facility, or person acting in the inter…

(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 …

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] Note: 441.047 was added to and made a part …

(1) As used in this section: (a) “Advance directive” has the meaning given that term in ORS 127.505. (b) “Hospital” has the meaning given that term in ORS 442.015. (c) “POLST” has the meaning given that term in ORS 127.663. (2) A hospital may not: (a) Condition the provision of t…

(1) As used in this section: (a) “Hospital” has the meaning given that term in ORS 442.015, excluding the Oregon State Hospital. (b) “Patient” means a patient admitted to a hospital or in an emergency department who needs assistance to effectively communicate with hospital staff,…

(1) As used in this section: (a) “Aftercare” includes all of the following: (A) Assistance with activities of daily living or instrumental activities of daily living. (B) Medical or nursing tasks such as wound care, the administration of medications and the operation of medical e…

(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: (a) The hospital actively treated t…

(1) As used in this section: (a) “Behavioral health crisis” means a disruption in an individual’s mental or emotional stability or functioning resulting in an urgent need for immediate treatment to prevent a serious deterioration in the individual’s mental or physical health. (b)…

(1) As used in this section: (a) “Discharge” means the release of a patient from a hospital following admission to the hospital. (b) “Lay caregiver” means: (A) For a patient who is younger than 14 years of age, a parent or legal guardian of the patient. (B) For a patient who is a…

(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: (a) Ensure that all health care personnel for whom state lice…

(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) The rules adopted by the authority under subse…

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 diagnosti…

(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) The authority and the Department of Human Services may prescribe by rule that any licensee or pr…

(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…

(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 departme…

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…

(1) As used in this section: (a) “Nurse practitioner” has the meaning given that term in ORS 678.010; (b) “Physician” has the meaning given that term in ORS 677.010; and (c) “Physician associate” has the meaning given that term in ORS 677.495. (2) The rules of any hospital in thi…

(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…

(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: (a) The most recent inspection report conducted by the department of that facility; (b) An o…

(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. (2) A hospital licensed under ORS 441.025 must: (a) Adopt a policy for the dispensing of human im…

(1) The Department of Human Services shall adopt rules specifying maximum number of patients per nursing assistant per shift in long term care facilities. (2) The department may grant variances in the staffing requirements within a shift based on patient care needs or nursing pra…

(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…

(1) As used in this section: (a) “Auxiliary aids and services” means: (A) Qualified interpreters or other effective methods of making aurally delivered material available to individuals with hearing impairment; (B) Qualified readers, audio recordings of texts or other effective m…

(1) As used in this section and ORS 441.082: (a) “Entity” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture or an instrumentality of an entity. (b) “Eye bank” means an entity that is licensed or regulated under fe…

(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. (2) An organ procurement organization, tissue bank or eye bank may not do business in this s…

(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: (a) Name of the drug; (b) Amount paid by the facility for the drug; and (…

(1) As used in this section, “supplier” includes an authorized representative of the patient who purchases nonprescriptive medication or nonprescriptive sickroom supplies at retail. (2) A patient in a long term care facility or an intermediate care facility required to be license…

(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. (2) An ambulatory surgical center shall post a notice in the facility, in a prominent place and in prominent fon…

(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…

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] Note: 441.089 was added to and made a part of…

(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 …

(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. (2)(a) A health care faci…

(1) As used in this section and ORS 441.099 and 441.991: (a) “Facility” means a hospital, outpatient clinic owned by a hospital, ambulatory surgical center, freestanding birthing center or facility that receives Medicare reimbursement as an independent diagnostic testing facility…

(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. (2) The Health Licensing Office or the …

(1) As used in this section, “protected health information” has the meaning given that term in ORS 192.556. (2) A health care facility shall file with the Oregon Health Authority a protection of health information report no later than 120 days following the close of each fiscal y…

As used in ORS 441.111 to 441.119 and 441.993: (1) “Care facility” includes: (a) A long term care facility; (b) A residential care facility, including an assisted living facility, as defined in ORS 443.400; and (c) An adult foster home, as defined in ORS 443.705. (2) “Gender expr…

(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: (a) Deny admission to a care fa…

(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.…

(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: (a) Caring for LGBTQIA2S+ residents and residents living with human immunodefic…

(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 s…

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: (1) The professionally reasonable clinical judgment of the management or staff of the care facility; or (2) A state or federal statute, federal reg…