Title 36, Public Health and Safety

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…

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] Note: 441.122 was enacted into law by the Legislative Assembly but was not added to or made a part …

As used in ORS 441.179 to 441.186: (1) “Affiliated hospital” means a hospital that has a business relationship with another hospital. (2) “Hospital” means: (a) An acute inpatient care facility, as defined in ORS 442.470; or (b) A hospital as described in ORS 442.015. (3) “Manager…

(1) A hospital may not take retaliatory action against a nursing staff because the nursing staff: (a) Discloses or intends to disclose to a manager, a private accreditation organization or a public body an activity, policy or practice of the hospital or of a hospital that the nur…

(1) A nursing staff aggrieved by an act prohibited by ORS 441.181 may bring an action in circuit court of the county in which the hospital is located. All remedies available in a common law tort action are available to a nursing staff if the nursing staff prevails in an action br…

(1) A hospital that takes any retaliatory action described in ORS 441.181 against a nursing staff commits an unlawful employment practice. (2) A nursing staff claiming to be aggrieved by an alleged violation of ORS 441.181 may file a complaint with the Commissioner of the Bureau …

(1) A hospital shall post a notice summarizing the provisions of ORS 441.181, 441.183, 441.184 and 441.192 in a conspicuous place on the premises of the hospital. The notice must be posted where notices to employees and applicants for employment are customarily displayed. (2) Any…

(1) Except as provided in subsection (2) of this section, nothing in ORS 441.183 and 441.184 shall be deemed to diminish any rights, privileges or remedies of a nursing staff under federal or state law or regulation or under any collective bargaining agreement or employment contr…

(1) A hospital, as defined in ORS 441.179, may require a registered nurse who is receiving full employment benefits from the hospital to provide notice of any outside employment that may reasonably impede the ability of the nurse to fulfill the nurse’s obligation to the hospital …

(1) As used in this section: (a) “Authorized staff” means the staff of a covered entity who are responsible for creating and tracking electronic health record flags. (b) “Covered entity” means: (A) A hospital as defined in ORS 441.760, except for the Oregon State Hospital. (B) A …

(1) As used in this section: (a) “Emergency room intake window” means the designated area within an emergency department of a hospital where patients are registered. (b) “Hospital” has the meaning given that term in ORS 441.760, except for the Oregon State Hospital. (2) Every hos…

(1) The Advisory Committee on Physician Credentialing Information is established within the Oregon Health Authority. The committee consists of nine members appointed by the Director of the Oregon Health Authority or the director’s designee as follows: (a) Three members who are he…

(1) The Advisory Committee on Physician Credentialing Information shall develop and submit recommendations to the Director of the Oregon Health Authority for the collection of uniform information necessary for credentialing organizations to credential health care practitioners se…

(1) Upon receiving the recommendations of the Advisory Committee on Physician Credentialing Information, the Oregon Health Authority shall: (a) Adopt administrative rules in a timely manner, as required by the Administrative Procedures Act, for the purpose of effectuating the pro…

As used in ORS 441.277 to 441.323: (1) “Facility” means a long term care facility as defined in ORS 442.015 or a residential care facility as defined in ORS 443.400. “Facility” does not include facilities licensed, certified or otherwise authorized under ORS 418.205 to 418.327, 4…

(1) The Director of Human Services may petition the circuit court for Marion County or for the county in which a facility is located for an order appointing a trustee to administer the facility for a period not to exceed 18 months. (2) The court shall hold a hearing on a petition…

There are grounds for the appointment of a trustee under ORS 441.281 if a court finds that the health and welfare of patients in a facility are or in the immediate future will be in jeopardy and the finding is based on one or more of the following: (1) Prior inspections or invest…

A trustee appointed under ORS 441.281: (1) May exercise any powers and shall perform any duties required by the court. (2) Shall operate the facility in such a manner as to protect the health and welfare of the patients. (3) Shall have the same rights to possession of the buildin…

(1) A person who is served with notice of an order of the court appointing a trustee, with the trustee’s name and address, shall be liable to pay the trustee for any goods or services provided by the trustee after the date of the order if the person would have been liable for the…

(1) A trustee is not required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the licensee if in the judgment of the court the terms thereof are unconscionable. (2) If the trustee is in possession of real estate or…

If funds collected under ORS 441.289 and 441.293 are insufficient to meet the expenses of performing the powers and duties conferred on the trustee by ORS 441.277 to 441.323 or on the temporary manager pursuant to ORS 441.333, or if there are insufficient funds on hand to meet th…

(1) The Facility Fund is established in the State Treasury, separate and distinct from the General Fund, consisting of payments made by facilities to the Department of Human Services as specified in this section. Interest earned by the Facility Fund shall be credited to the fund.…

The court shall set the compensation of the trustee. That compensation and the compensation of the employees shall be considered a necessary expense of the trust. [1981 c.868 §8]

(1) In any action or special proceeding brought against a trustee in the trustee’s official capacity for acts committed while carrying out the powers granted and duties imposed by ORS 441.277 to 441.323, the trustee shall be considered a public employee. (2) A trustee may be held…

Notwithstanding other provisions of law concerning licensing of long term care facilities, a license renewal may be issued to a facility placed in trust under ORS 441.281. The duration of a license issued under this section is limited to the duration of the trust. [1981 c.868 §10…