Chapter 443 — Chapter 443

ORS 443.001 The Quality Care Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Quality Care Fund shall be credited to the Quality Care Fund. Moneys in the fund are continuously appropriated to the Department of Human Services and the Oregon Health Authority for training, technical assistance, quality improvement initiatives and licensing activities to ensure that high standards for quality of care are met in accordance with rules adopted with respect to

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ORS 443.002 Providers with multiple facilities. (1) As used in this section

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ORS 443.004 Criminal records check required for employees and volunteers providing direct care; exceptions; rules. (1)(a) The Department of Human Services or the Oregon Health Authority shall complete a criminal records check under ORS 181A.195 on

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ORS 443.005 [1977 c.738 §1; 1979 c.209 §1; 1981 c.415 §1; 2003 c.57 §1; 2009 c.595 §769; 2009 c.792 §14; 2011 c.70 §10; 2015 c.736 §90; renumbered 443.014 in 2015]

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ORS 443.006 Criminal background check registry; rules. (1) As used in this section

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ORS 443.007 Disqualification of individuals found to have committed abuse; rules. (1) As used in this section

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ORS 443.008 Fitness determinations; rules. (1) As used in this section

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ORS 443.010 [Amended by 1963 c.164 §1; repealed by 1969 c.641 §19]

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ORS 443.011 Training requirements for in-home care service providers; rules. (1) The Oregon Health Authority shall establish by rule training requirements that must be met before an individual may be permitted to provide in-home care services, as defined in ORS 443.305. The training requirements must include a minimum number of hours of orientation and assessment of competency. The minimum number of hours may be greater for an individual who will be providing enhanced care and services, such as medication management

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ORS 443.012 Disease outbreak and infection control training and protocols; rules. (1) As used in this section and ORS 443.417

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ORS 443.013 Complaint procedures; disclosure of information obtained during investigation; rules. (1) As used in this section

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ORS 443.014 Definitions for ORS 443.014 to 443.105. As used in ORS 443.014 to 443.105

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ORS 443.015 License required; renewal, transferability of license. A person may not establish a home health agency or organization providing home health services for compensation, or purport to manage or operate a home health agency or organization, without first obtaining a license from the Oregon Health Authority. The license shall be renewable annually and is not transferable. [1977 c.738 §2; 2003 c.14 §259; 2009 c.595 §770; 2009 c.792 §15]

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ORS 443.019 Requirement for in-person site inspection. (1) The Oregon Health Authority shall conduct an in-person site inspection of a home health agency and a caregiver registry prior to licensure and at least once every three years thereafter

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ORS 443.020 [Amended by 1957 c.697 §4; 1961 c.316 §10; 1967 c.89 §6; repealed by 1969 c.641 §19]

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ORS 443.025 Hospitals exempt from certain requirements if standards are met. A hospital licensed under ORS 441.015 may provide home health services without maintaining a separate governing body and administrative staff so long as the services provided meet the requirements of ORS 443.014 to 443.105 and the hospital pays the home health licensing fee under ORS 443.035. [1977 c.738 §7; 1995 c.449 §3; 2009 c.792 §15a]

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ORS 443.030 [Repealed by 1969 c.641 §19]

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ORS 443.035 License fees; renewal; disposition of funds. (1) The Oregon Health Authority may grant a license to a home health agency or caregiver registry for a calendar year, may annually renew a license and may allow for a change of ownership, upon payment of a fee as follows

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ORS 443.040 [Repealed by 1969 c.641 §19]

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ORS 443.045 Denial, suspension and revocation of licenses; penalties. (1) The Oregon Health Authority may deny, suspend or revoke the license of, or assess a civil penalty against, any individual, home health agency or caregiver registry for failure to comply with ORS 443.004 or 443.014 to 443.105, or with the rules of the authority as authorized by ORS 443.085

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ORS 443.050 [Repealed by 1969 c.641 §19]

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ORS 443.055 Governing body of home health agencies. A home health agency shall have an organized governing body, or, if a subdivision of a public or private agency or a multifunction organization, a clearly defined local body having responsibility for the conduct of the home health agency. Where the governing body is functionally remote from the operation of the home health agency, the Oregon Health Authority may approve the designation of an appropriate part of the organization as the governing body. [1977 c.738 §3; 2009 c.595 §773]

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ORS 443.060 [Amended by 1963 c.164 §2; repealed by 1969 c.641 §19]

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ORS 443.065 General requirements for home health agencies. A home health agency licensed in this state shall

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ORS 443.075 Services and supplies prescribed by physician, naturopathic physician, physician associate or nurse practitioner. (1) A home health agency must have an order for treatment, plan of treatment or plan of care from a physician, naturopathic physician licensed under ORS chapter 685, physician associate licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 for the following services and supplies

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ORS 443.085 Home health services; rules. The Oregon Health Authority shall adopt rules to implement ORS 443.014 to 443.105 including, but not limited to

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ORS 443.090 Exemption from in-home care agency licensing requirements. (1) Notwithstanding ORS 443.305 to 443.350, a home health agency licensed under ORS 443.015 that provides personal care services that are necessary to assist an individual in meeting the individual’s daily needs, but do not include curative or rehabilitative services, is not required to be licensed as an in-home care agency under ORS 443.315

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ORS 443.095 Applicability of laws to domestic service. No provision of ORS 443.014 to 443.105 shall be construed to prevent repair or domestic services by any person. [1977 c.738 §10; 2005 c.22 §304]

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ORS 443.100 License required for caregiver registry. A person may not establish, conduct or maintain a caregiver registry, or represent to the public that the person is a caregiver registry, without first obtaining a caregiver registry license from the Oregon Health Authority. [2009 c.792 §14b; 2009 c.792 §64; 2011 c.70 §15]

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ORS 443.105 Caregiver registries; rules. The Oregon Health Authority may adopt rules governing caregiver registries, including but not limited to

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ORS 443.190 Client intake requirements; communicating health and safety risks to staff. (1) As used in this section and ORS 443.195

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ORS 443.195 Home health care services entity’s duties to staff. To support the safety of home health care staff while working in a home health care setting, each home health care services entity shall

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ORS 443.205 Definitions for ORS 443.215 and 443.225. As used in ORS 443.215 and 443.225, “domiciliary care facilities” means facilities providing residential care to adults, including adult foster homes, group care facilities or residential treatment, training or care facilities, established, contracted for or operated by the Department of Human Services or the Oregon Health Authority. [1977 c.779 §3; formerly 184.870; 1987 c.320 §234; 2001 c.900 §181; 2007 c.21 §4; 2009 c.595 §775]

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ORS 443.210 [1953 c.659 §1; 1965 c.230 §1; 1973 c.285 §8; repealed by 1977 c.717 §23]

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ORS 443.215 Policy. (1) The Legislative Assembly recognizes the importance of providing a high quality of domiciliary care facilities throughout the State of Oregon

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ORS 443.220 [1953 c.659 §2; 1971 c.650 §21; 1973 c.285 §9; repealed by 1977 c.717 §23]

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ORS 443.225 Location and capacity of domiciliary care facilities. (1) Except as otherwise provided by subsections (3) and (4) of this section, the capacity of all domiciliary care facilities must be located throughout the state based on the relationship of the population of the county in which the additional capacity is proposed to be located to the number of persons originating from the county who are determined to be in need of domiciliary care. However, nothing in this subsection is intended to prevent the placement of a person who is or was not a resident of the county in a domiciliary care facility in the county

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ORS 443.230 [1953 c.659 §3; 1973 c.285 §10; repealed by 1977 c.717 §23]

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ORS 443.240 [1953 c.659 §§4,5; 1973 c.285 §11; repealed by 1977 c.717 §23]

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ORS 443.250 [1953 c.659 §6; 1961 c.316 §11; 1967 c.89 §7; 1973 c.285 §12; repealed by 1977 c.717 §23]

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ORS 443.260 [1953 c.659 §7; 1961 c.316 §12; 1967 c.89 §8; 1973 c.285 §13; repealed by 1977 c.717 §23]

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ORS 443.270 [1953 c.659 §8; repealed by 1973 c.285 §19]

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ORS 443.280 [1953 c.659 §9; 1973 c.285 §14; repealed by 1977 c.717 §23]

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ORS 443.290 [1953 c.659 §10; 1973 c.285 §15; repealed by 1977 c.717 §23]

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ORS 443.300 [1953 c.659 §11; 1973 c.285 §16; repealed by 1977 c.717 §23]

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ORS 443.305 Definitions for ORS 443.305 to 443.350. As used in ORS 443.305 to 443.350

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ORS 443.310 [1953 c.659 §12; 1973 c.285 §17; repealed by 1977 c.717 §23]

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ORS 443.315 License required; application; rules; fees. (1) A person may not establish, manage or operate an in-home care agency or purport to manage or operate an in-home care agency without obtaining a license from the Oregon Health Authority

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ORS 443.320 [1953 c.659 §13; repealed by 1971 c.734 §21]

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ORS 443.325 Grounds for denial, suspension or revocation of license; penalties. (1) The Oregon Health Authority may impose a civil penalty and may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.305 to 443.350 or with rules adopted thereunder. A failure to comply with ORS 443.305 to 443.350 includes, but is not limited to

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