Chapter 443 — Chapter 443
185 sections in this chapter.
ORS 443.447 Quality Measurement Council. (1) The Quality Measurement Council is established in the Department of Human Services to prescribe how the department shall implement the Residential Care Quality Measurement Program established under ORS 443.446
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(2) The council consists of nine members, appointed by the Governor, as follows: (a) One individual representing the Oregon Patient Safety Commission; (b) One individual representing residential care facilities; (c) One consumer representative from an Alzheimer’s advocacy organiz…
ORS 443.448 Choice of prescription and nonprescription drugs and supplies. (1) As used in this section, “supplier” includes an authorized representative of the patient who purchases nonprescription medication or nonprescription sickroom supplies at retail
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(2) A resident in a residential facility must have a choice: (a) From among prescription drug delivery systems as long as the system selected: (A) Provides for timely delivery of drugs; (B) Provides adequate protection to prevent tampering with drugs; (C) Provides that drugs are …
ORS 443.449 Prescription drug packaging. (1) A residential care facility shall ensure that prescription drugs dispensed to residents of the facility are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs
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(2) Subsection (1) of this section does not apply to residents receiving pharmacy benefits through the United States Department of Veterans Affairs if the pharmacy benefits do not reimburse the cost of such packaging. [Formerly 443.438]
ORS 443.450 Rules. (1) For a residential care facility, residential training facility or residential training home, the Director of Human Services shall adopt rules governing
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(a) The physical properties of the facility or home; (b) Storage, preparation and serving of food; (c) Care or training to be provided; (d) The number, experience and training of the staff; and (e) Any other factors affecting the care or training provided. (2) For a residential t…
ORS 443.452 Waiver procedure. (1) The Director of Human Services shall waive the requirements of ORS 443.410 for a residential care facility caring for residents with physical disabilities if
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(a) Each resident is over 16 years of age; (b) No more than five individuals with physical disabilities reside in any one building of the facility; and (c) The residential care facility complies with the applicable requirements of the State Fire Marshal. (2) As used in this secti…
ORS 443.453 Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited. (1) A residential facility may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the residential facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to
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(a) The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the residential facility; or (b) A family member, guardian, friend or other person who is act…
ORS 443.454 Provision of opioid overdose reversal medication upon discharge, release or transfer of resident from facility where resident received addiction treatment. (1) As used in this section, “facility” means a residential care facility, residential treatment facility or residential treatment home licensed under ORS 443.410
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(2) Notwithstanding ORS 689.800, upon the discharge or release of a resident, a facility shall provide to the resident at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if: (a) The resident received addict…
ORS 443.455 Civil penalties; rules. (1) Except as provided in subsection (5) of this section, for purposes of imposing civil penalties, residential facilities approved under ORS 443.400 to 443.455 are subject to ORS 441.705 to 441.745
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(2)(a) The Director of Human Services shall impose penalties on residential care facilities pursuant to ORS 441.731. (b) The director shall impose penalties pursuant to ORS 427.900 on residential training facilities and residential training homes that are not in compliance with O…
ORS 443.460 Exemptions. (1) The Director of Human Services may exempt from the license, inspection and fee provisions of ORS 443.400 to 443.455 residential care facilities in those counties where there is a county agency which provides similar programs for licensing and inspection that the director finds are equal to or superior to the requirements of ORS 443.400 to 443.455
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(2) Pursuant to an exemption as provided in subsection (1) of this section, the director may provide funds and other resources to the county necessary to enable the county to perform the licensing and inspection functions. [1987 c.548 §4; 2009 c.595 §790] (Temporary provisions re…
ORS 443.465 Secure residential treatment homes and facilities; rules. (1) The Oregon Health Authority shall adopt rules applicable to secure residential treatment homes and facilities as defined in ORS 443.400 that house persons who, as a condition of release under ORS 161.315 to 161.351, are required to live in a secure home or facility. The rules must
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(a) Provide minimum security, health and safety standards; (b) Require the home or facility to have an emergency preparedness plan; (c) Set minimum training standards for the staff of the home or facility; and (d) Ensure compliance with any orders of the court or the Psychiatric …
ORS 443.470 Limitations on residents’ access to alcohol, marijuana and weapons. (1) As used in this section
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(a) “Residential treatment facility” has the meaning given that term in ORS 443.400. (b) “Residential treatment home” has the meaning given that term in ORS 443.400. (c) “Secure residential treatment facility” means a facility described in ORS 443.465. (d) “Secure residential tre…
ORS 443.475 [1977 c.284 §2; repealed by 1983 c.47 §3]
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REGISTERED COMMUNITY-BASED STRUCTURED HOUSING FACILITIES
ORS 443.480 Definitions for ORS 443.480 to 443.500. As used in ORS 443.480 to 443.500
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(1) “Activities of daily living” means: (a) Bathing and personal hygiene; (b) Dressing and grooming; (c) Eating; (d) Mobility; (e) Bowel and bladder management; and (f) Cognition. (2)(a) “Community-based structured housing” means congregate housing where services and support are …
ORS 443.485 Registration required; fee; rules; civil penalty; grounds for suspension or revocation of registration. (1) Subject to ORS 443.490, a person that owns or operates a community-based structured housing facility offered to the general public that is not licensed or registered under any other law of this state or under a city or county ordinance or regulation shall register the name and address of the owner or operator of the facility with
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(a) The Oregon Health Authority if the facility provides services and support to two or more adult residents, not related to the person by blood or marriage, who have mental, emotional, behavioral or substance use disorders; or (b) The Department of Human Services if the facility…
ORS 443.490 Waiver of registration. If the Oregon Health Authority or the Department of Human Services finds that another governmental entity’s standards for the operation of a facility subject to ORS 443.480 to 443.500 are substantially similar or superior to those under ORS 443.485 (3), the authority or the department may waive the requirements of ORS 443.485. [1989 c.581 §2; 2015 c.740 §4; 2021 c.242 §3; 2023 c.267 §11]
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Note: See note under 443.480.
ORS 443.495 Exemptions. Nothing in ORS 443.480 to 443.500 applies to
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(1) Any facility operated by an institution of higher education. (2) Any private room and board facility approved by an institution of higher education which has as a resident a student or an employee of the institution. (3) Any private or nonprofit retirement facility which does…
ORS 443.500 Investigation of registered facilities; access to facilities. (1) The staff of the Oregon Health Authority or the Department of Human Services shall be permitted access to enter and investigate complaints of abuse in all facilities registered under ORS 443.480 to 443.500 and to ascertain a facility’s compliance with applicable rules, statutes, ordinances and regulations. If the authority has reasonable cause to believe any facility is operating without registration or is in violation of ORS 443.480 to 443.500, the authority or the department may apply to the circuit court for a search warrant
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(2) Upon complaint of any person: (a) The state or local fire inspectors shall be permitted access to enter and inspect facilities registered under ORS 443.480 to 443.500 regarding fire safety. (b) The state or local health officers shall be permitted access to enter and inspect …
ORS 443.510 [1981 c.427 §1; 1989 c.224 §98; repealed by 1989 c.564 §12]
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CERTIFICATION OF HOME OR COMMUNITY-BASED SERVICES CAREGIVERS
ORS 443.515 Training requirements for certification of home or community-based services caregivers; employer verification required; rules. (1) As used in this section and ORS 443.517
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(a) “Employer” means: (A) The Home Care Commission, for caregivers described in paragraph (b)(A) of this subsection. (B) An in-home care agency that hires, enters into an arrangement with or contracts with a caregiver described in paragraph (b)(B) of this subsection. (C) An owner…
ORS 443.517 Online home or community-based services caregiver registry. (1) The Department of Human Services shall maintain an online home or community-based services caregiver registry accessible to the public. The information to be displayed on the registry for each caregiver shall be limited to the
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(a) Name of the caregiver; (b) County and, if applicable, city where the caregiver resides; (c) Certification status of the caregiver under ORS 443.515 and any endorsements earned by the caregiver; and (d) Criminal records check status of the caregiver. (2) The registry shall con…
ORS 443.520 [1981 c.427 §2; 1989 c.224 §99; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.530 [1981 c.427 §3; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.540 [1981 c.427 §4; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.550 [1981 c.427 §5; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.580 [1983 c.293 §1; 1989 c.224 §100; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.590 [1983 c.293 §2; 1989 c.224 §101; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.600 [1983 c.293 §3; 1985 c.544 §1; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.610 [1987 c.351 §1; 1989 c.224 §102; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.620 [1987 c.351 §2; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.630 [1987 c.351 §3; repealed by 1989 c.564 §12]
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[Repealed or reserved.]
ORS 443.640 [1987 c.351 §4; repealed by 1989 c.564 §12]
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ADULT FOSTER HOMES
ORS 443.705 Definitions for ORS 443.705 to 443.825. As used in ORS 443.705 to 443.825
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(1) “Adult foster home” means any family home or facility in which residential care is provided in a homelike environment for five or fewer adults who are not related to the provider by blood or marriage. (2) “Licensed adult foster home” means a home which has been investigated a…
ORS 443.715 Exclusions from definition of “adult foster home.” For purposes of ORS 443.705 to 443.825, “adult foster home” does not include
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(1) Any house, institution, hotel, or other similar place that supplies board and room only, or room only, or board only, if no resident thereof requires any element of care. (2) Any specialized living situation for persons with physical disabilities where the licensing agency pr…
ORS 443.720 Findings of Legislative Assembly. (1) The Legislative Assembly finds that
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(a) Adult foster homes provide needed care and services to thousands of Oregonians who are elderly or have disabilities and who might otherwise be institutionalized; (b) The protection of the health, safety and well-being of the residents of adult foster homes is an important fun…
ORS 443.725 License required; on-site provider required; exception; rules. (1) Every provider of adult foster care must be licensed with the licensing agency before opening or operating an adult foster home caring for adult residents
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(2) Except as provided in subsection (4) of this section, a provider must live in the home that is to be licensed or hire a resident manager to live in the home. (3) Except as provided in subsection (4) of this section, there must be a provider or substitute caregiver on duty 24 …
ORS 443.730 Information regarding substitute caregivers required; standards; educational requirements; rules. (1) The provider shall furnish the names, addresses and telephone numbers of the substitute caregivers employed or used by the provider to the licensing agency upon the request of the agency
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(2) The licensing agency shall require the provider to furnish information describing the planned operation of the adult foster home, including the use of substitute caregivers and other staff, as part of the license application. (3) The provider shall not allow a substitute care…
ORS 443.733 Collective bargaining. (1) As used in this section, “adult foster care home provider” means a person who operates an adult foster home in the provider’s home and who receives fees or payments from state funds for providing adult foster care home services. “Adult foster care home provider” does not include a person
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(a) Who is a resident manager of an adult foster home who does not provide adult foster care home services in the resident manager’s own home or who does not have a controlling interest in, or is not an officer or partner in, the entity that is the provider of adult foster care h…
ORS 443.734 Adult foster home license classifications; rules. Consistent with the requirements of ORS 443.705 to 443.825
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(1) The Department of Human Services shall adopt: (a) Rules for the licensing of adult foster homes that provide residential care to older adults; (b) Rules for the licensing of adult foster homes that provide residential care to individuals with physical disabilities; and (c) Ru…
ORS 443.735 Issuance of license; fee; standards; renewal; burden of proof; rules. (1) As used in this section, “substantial compliance” means a level of compliance with state law and with rules of the licensing agency such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents
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(2)(a) Applications for a license to maintain and operate an adult foster home shall be made on forms provided by the licensing agency and shall include the home’s proposed policies and procedures regarding staff and administrator training, service planning, medication administra…
ORS 443.738 Educational standards for providers, managers and caregivers; rules; exception; duties of providers. (1) Except as provided in subsection (3) of this section, all providers, resident managers and substitute caregivers for adult foster homes shall satisfactorily meet all educational requirements established by the licensing agency. After consultation with representatives of providers, educators, residents’ advocates and the Long Term Care Ombudsman or the Residential Facilities Ombudsman, the licensing agency shall adopt by rule standards governing the educational requirements. The rules shall require that a person may not provide care to any resident prior to acquiring education or supervised training designed to impart the basic knowledge and skills necessary to maintain the health, safety and welfare of the resident. Each provider shall document compliance with the educational requirements for persons subject to the requirements
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(2) The rules required under subsection (1) of this section shall include but need not be limited to the following: (a) A requirement that, before being licensed, a provider successfully completes training that satisfies a defined curriculum, including demonstrations and practice…
ORS 443.739 Rights of residents. Residents of adult foster homes have the following rights. Providers shall guarantee these rights and help residents exercise them. The provider shall post a copy of the Residents’ Bill of Rights in the entry or other equally prominent place in the adult foster home. The Residents’ Bill of Rights states that each resident of an adult foster home has the right to
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(1) Be treated as an adult, with respect and dignity. (2) Be informed of all resident rights and all house rules. (3) Be encouraged and assisted to exercise legal rights, including the right to vote. (4) Be informed of the resident’s medical condition and the right to consent to …
ORS 443.740 Information on licensed adult foster homes; availability; content. (1) The licensing agency shall maintain current information on all licensed adult foster homes and shall make that information available, with the exception of information exempt from public disclosure under ORS 192.345, to prospective residents and other interested members of the public at local offices or area agencies on aging licensing offices throughout the state
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(2) The information shall include: (a) The location of the adult foster home; (b) A brief description of the physical characteristics of the home; (c) The name and mailing address of the provider; (d) The license classification of the home and the date the provider was first lice…
ORS 443.742 Annual continuing education requirements; rules. (1) The licensing agency shall require all providers and resident managers to complete annually 12 hours of continuing education approved by the agency, related to
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(a) Care of the elderly and persons with disabilities; and (b) Business operations of adult foster homes. (2) Providers and resident managers may not fulfill the continuing education requirements described in subsection (1) of this section with more than four hours of continuing …
ORS 443.743 Training in dementia care. (1) As used in this section, “caregiver” means an individual who is responsible for providing care and services to residents of an adult foster home, including but not limited to a caregiver and a substitute caregiver
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(2) In addition to any other training required by law, all caregivers in an adult foster home licensed to serve older adults and persons with physical disabilities by the Department of Human Services shall, prior to providing direct care to residents of the adult foster home, com…
ORS 443.745 Denial, suspension or revocation; conditional license; review. (1) A license may be denied, suspended, revoked or have conditions attached upon a finding by the licensing agency of any of the following
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(a) There exists a threat to the health, safety or welfare of any resident. (b) There is reliable evidence of abuse, neglect or exploitation of any resident. (c) The facility is not operated in compliance with ORS 443.705 to 443.825 or the rules adopted thereunder. (d) Such other…
ORS 443.755 Entry and inspection of homes; access to residents; inspection report; fire inspection. (1)(a) The licensing agency staff shall be permitted access to enter and inspect all licensed adult foster homes. The licensing agency shall visit and inspect every adult foster home to determine whether the home is maintained and operated in accordance with ORS 443.002 and 443.705 to 443.825 and the rules of the licensing agency, and to consult with and advise the provider concerning methods of care, treatment, training, records, housing and equipment
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(b) The licensing agency shall conduct an on-site inspection under this subsection at a minimum: (A) No less than 90 days and no more than 120 days after an initial license is issued under ORS 443.735; (B) Annually, regardless of whether the duration of the adult foster home’s li…
ORS 443.760 Application of single family dwelling code requirements to home; rules; evacuation requirement; lease rate. (1) Adult foster homes that are certified as residential homes as defined in ORS 197.660 must meet all state and local building, sanitation, utility and fire code requirements applicable to single family dwellings. However, by rule, the licensing agency may adopt more stringent standards upon a finding that there is a significant health or safety threat to residents that necessitates a standard not imposed on other single family dwellings
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(2) In adopting more stringent standards, the licensing agency shall consult with the Department of Consumer and Business Services and the Department of the State Fire Marshal to ensure that the provider has the ability to evacuate all residents from an adult foster home within: …
ORS 443.762 Information provided upon admission. (1) As used in this section, “adult foster home” means an adult foster home that is licensed to provide residential care to older adults or people with physical disabilities
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(2) Upon the admission of a resident to an adult foster home, the adult foster home shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 §6] Note: 443.762 was added to and made…
ORS 443.765 Complaint procedure; retaliation prohibited; notice of rates and rules; liability for complaints. (1) Complaints against adult foster homes may be filed with the licensing agency by any person, whether or not a resident of the home. The licensing agency shall investigate complaints regarding adult foster homes and shall adopt by rule standards governing investigations pursuant to this section
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(2) The licensing agency shall prepare a notice which must be posted in a conspicuous place in each adult foster home stating the telephone number of the agency and the procedure for making complaints. (3) The licensing agency shall maintain a file of all complaints and the actio…
ORS 443.766 Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited. (1) An adult foster home may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the adult foster home, violations of licensing or certification requirements, criminal activity at the adult foster home, violations of state or federal laws or any practice that threatens the health and safety of a resident in the adult foster home to
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(a) The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the adult foster home; or (b) A family member, guardian, friend or other person who is acting…