Title 36, Public Health and Safety

(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 provi…

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 Resident…

(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 th…

(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: (a) Care of the elderly and persons with disabilities; and (b) Business operations of adult foster homes. (2) Provi…

(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. (2) In addition to any other training required by law, all ca…

(1) A license may be denied, suspended, revoked or have conditions attached upon a finding by the licensing agency of any of the following: (a) There exists a threat to the health, safety or welfare of any resident. (b) There is reliable evidence of abuse, neglect or exploitation…

(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 443.7…

(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 s…

(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. (2) Upon the admission of a resident to an adult foster home, the adult foster home shall provide the res…

(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 pursuan…

(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 …

(1) When the licensing agency receives a complaint that alleges that a resident of a licensed adult foster home has been injured, abused or neglected, and that the resident’s health or safety is in imminent danger, or that the resident has died or been hospitalized, the investiga…

(1) When the Department of Human Services or a type B area agency on aging discloses a file, form or report to the public pursuant to ORS 443.740, 443.765 or 443.767, the department or agency may not disclose information about residents that is protected from disclosure by state …

(1) The licensing agency shall adopt rules governing adult foster homes and the level of care provided in such homes, including the provision of care to more than one person with nursing care needs under specified conditions and agency approval, such as are necessary to protect t…

(1) An adult foster home licensed by the Department of Human Services shall ensure that prescription drugs dispensed to residents of the adult foster home are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limite…

(1) The director of the licensing agency may exempt from the license, inspection and fee provisions of ORS 443.705 to 443.825 adult foster homes in those counties where there is a county agency which provides similar programs for licensing and inspection that the director finds a…

The licensing agency may not require an adult foster home that elects to provide care for a Medicaid recipient to admit an additional Medicaid resident under a contract with the agency. [1999 c.204 §2; 2009 c.595 §791q]

(1) In addition to any other liability or penalty provided by law, the director of the licensing agency may impose a civil penalty on a person for any of the following: (a) Violation of any of the terms or conditions of a license issued under ORS 443.735. (b) Violation of any rul…

(1) Any civil penalty under ORS 443.790 shall be imposed as provided in ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the…

Judicial review of civil penalties imposed under ORS 443.790 shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1987 c.431 §8]

All penalties recovered under ORS 443.790 to 443.815 shall be deposited: (1) In the Quality Care Fund established in ORS 443.001 if paid by an adult foster home licensed to provide residential care to persons with physical disabilities. (2) In the Long Term Care Ombudsman Account…

As used in this section and ORS 443.835: (1) “Child” means a person for whom developmental disability services are planned and provided and who is: (a) Under 18 years of age; or (b) At least 18 years of age but less than 22 years of age and resides in a developmental disability c…

(1) A person may not operate a developmental disability child foster home without having a certificate issued by the Department of Human Services. (2) A person may apply for a certificate to operate a developmental disability child foster home by submitting an application to the …

(1) As used in this section: (a) “Child” means a person: (A) For whom developmental disability services are planned and provided; (B) Who resides in a developmental disability child foster home; and (C) Whose needs, as determined by the child’s individual support plan team, are b…

As used in ORS 443.850 to 443.869: (1) “Hospice program” means a coordinated program of home and inpatient care, available 24 hours a day, that utilizes an interdisciplinary team of personnel trained to provide palliative and supportive services to a patient-family unit experienc…

(1) A person may not establish, conduct or maintain a hospice program providing hospice services, or hold itself out to the public as a hospice program, without obtaining a license from the Oregon Health Authority. (2) The authority: (a) Shall adopt rules to carry out the provisi…

All moneys received by the Oregon Health Authority under ORS 443.860 shall be paid into the State Treasury and deposited to the credit of the Public Health Account established in ORS 431.210. The moneys shall be used by the authority in carrying out its duties under ORS 443.850 t…

The Oregon Health Authority may suspend, revoke or refuse to renew the license of a hospice program for failure to comply with ORS 443.860 or with rules adopted pursuant to ORS 443.860. [2009 c.793 §3; 2011 c.720 §203]

Notwithstanding ORS 443.305 to 443.350 requiring an in-home care agency to obtain a license to provide services that are necessary to assist an individual in meeting the individual’s daily needs but are not curative or rehabilitative, a hospice program licensed under ORS 443.860 …

In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period, for any of the following: (1) Violation of any of the terms or conditions of a license issu…

(1) If the Department of Human Services or the Oregon Health Authority substantiates an allegation of abuse that occurred in a facility, the department or authority shall immediately notify the facility of its findings. (2) Upon receipt of the notice described in subsection (1) o…

(1) As used in this section: (a) “Elderly person” means a person who is 65 years of age or older; (b) “Person with a disability” has the meaning given that term in ORS 410.040; and (c) “Psychotropic medication” has the meaning given that term in ORS 418.517. (2) The Department of…

(1) The admission of a person to a residential facility shall not act to create in the facility, its owner, administrator or employee any authority to manage, use or dispose of any property of the resident, or any authority or responsibility for the personal affairs of the person…

(1) No owner, employee or administrator of a residential facility as defined by ORS 443.880 shall cause any person who is a resident of the facility to deliver to the owner, employee or administrator any funds or property of the resident by the exercise of undue influence. (2) Fo…

(1) If a facility intends to provide care for residents with Alzheimer’s disease or other forms of dementia by means of an endorsed memory care community, the facility must obtain a memory care endorsement on its license or registration. (2) The Department of Human Services, with…

As used in this section and ORS 443.886 and 443.889: (1) “Acuity-based staffing tool” means the acuity-based staffing tool described in ORS 443.432 or an acuity-based staffing tool adopted by a facility that meets requirements established by the Department of Human Services by ru…

(1) The Department of Human Services shall adopt rules: (a) Establishing minimum requirements for an acuity-based staffing tool adopted by a facility and the frequency with which a facility must reassess the facility’s staffing patterns with the acuity-based staffing tool. (b) Es…

(1) As used in this section: (a) “Facility” means a facility with a memory care endorsement under ORS 443.886. (b) “Independent family council” means a group of residents, family members of residents or legal representatives of residents that meets privately, either in person or …

(1)(a) The owner of a long term care facility seeking to have the facility be exempt from ad valorem property taxation under ORS 307.811 shall apply to the Department of Human Services for certification of the facility as an essential community provider long term care facility. (…

(1) Violation of ORS 443.015 is punishable as a Class C misdemeanor. (2) Violation of any provision of ORS 443.400 to 443.455 is a Class B misdemeanor. (3) The Department of Human Services may commence an action to enjoin operation of a residential care facility, residential trai…