Title 36, Public Health and Safety

(1) ORS 124.050, 124.080, 410.190, 441.020 to 441.055, 441.060, 441.061, 441.067, 441.073, 441.087, 441.277 to 441.289, 441.303, 441.316, 441.318, 441.331 to 441.341, 441.367, 441.600, 441.610, 441.630, 441.650 to 441.665, 441.685, 441.690, 441.703 and 441.705 to 441.720 address …

No facility, or any person subject to the supervision, direction or control of a facility, shall retaliate against a resident by increasing charges, decreasing services, rights or privileges, or threatening to increase charges or decrease services, rights or privileges, by taking…

As used in ORS 441.630 to 441.680: (1) “Abuse” means: (a) Any physical injury to a resident of a long term care facility which has been caused by other than accidental means. (b) Failure to provide basic care or services, which failure results in physical harm or unreasonable dis…

The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of residents and assuring the dignity and care to which residents are entitled, it is necessary and in the public interest to require mandatory reports and investigatio…

(1) The Department of Human Services shall implement the provisions of ORS 441.630 to 441.680 and shall adopt such rules as are reasonably necessary for the enforcement of ORS 441.630 to 441.680. (2) Prior to proceeding with the procedures for notice prescribed under ORS 183.335,…

(1) Any public or private official having reasonable cause to believe that any resident in a long term care facility with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a resident in a long term care fa…

(1) An oral report shall be made immediately by telephone or otherwise to the local office of the area agency on aging or of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, s…

(1) Upon receipt of the oral or written report required under ORS 441.640, or of an abuse complaint, the area agency on aging, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced as follows: (a) Within two hours, if the comp…

(1) Anyone participating in good faith in the making of a report pursuant to ORS 441.630 to 441.650 and who has reasonable grounds for the making thereof, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the ma…

(1) Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 441.650, and without the consent of the named resident or of the named resident’s caretaker, fiduciary or other legal representative, a health care provider must: (a) Permit …

(1) In carrying out its duties under ORS 441.650, the law enforcement agency, the Department of Human Services or the area agency on aging may photograph or cause to have photographed any resident subject of the investigation for purposes of preserving evidence of the condition o…

(1) A proper record of reports under ORS 441.640, 441.645 and 441.676 on residents in long term care facilities shall be maintained by the Department of Human Services. Each problem or incident alleged in a report shall be determined to be abuse, other licensing violation or no v…

(1) Notwithstanding the provisions of ORS 192.311 to 192.478, the names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection. (2) Notwithstandin…

(1) In the case of abuse of a resident in a long term care facility, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated s…

In the case of abuse of a resident in a long term care facility, the privileges extended under ORS 40.225 to 40.295 shall not be a ground for excluding evidence regarding the abuse of a resident, or the cause thereof, in any judicial proceeding resulting from a report made pursua…

(1) For complaints of licensing violations other than abuse, the Department of Human Services shall cause an investigation to be completed within 90 days of the receipt of the complaint. (2) Except in cases where the investigation is part of nursing facility surveyor activity pur…

(1) Within 60 days of receipt of the investigation documents and the written report described in ORS 441.650 (6)(d) and 441.676 (2)(d), but in no case longer than 120 days after an investigation has been commenced pursuant to ORS 441.650 or 441.676, the investigation shall be com…

(1) If a nursing assistant found by the Department of Human Services to be responsible for abuse does not respond to the department within 30 days after notice of the opportunity for a contested case hearing, the department shall place the abuse finding in the registry maintained…

(1) Before employing a registered nurse, licensed practical nurse or nursing assistant, a long term care facility shall contact the Oregon State Board of Nursing and inquire whether the person is currently licensed or certified by the board and whether there has been any discipli…

A resident who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, not be considered an abuse…

(1) Upon receipt of a report under ORS 441.645 to 441.680 or upon receipt of a complaint by a resident or legal guardian of a resident, or other public or private official, as defined in ORS 441.630 by the Department of Human Services, the Director of Human Services may designate…

Upon the request of any person filing a complaint to be investigated by the Department of Human Services against a long term care facility, as defined in ORS 442.015, or against a residential care facility, as defined in ORS 443.400, the complainant or a designee thereof, or both…

In investigating all complaints under ORS 441.690, the investigator shall: (1) Interview all available witnesses identified by any sources as having personal knowledge relevant to the complaint; (2) Make personal inspection of all physical circumstances that are relevant and mate…

(1) When a resident of a long term care facility has the opportunity for an unscheduled therapeutic leave that would be precluded by the lack of an available pharmacist to dispense drugs prescribed by a licensed practitioner, a registered nurse designated by the facility who agre…

(1) Notwithstanding ORS 689.800, upon the discharge or transfer of a resident, a long term care 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…

(1) Long term care facilities, as defined in ORS 442.015, and residential care facilities, as defined in ORS 443.400, subject to ORS 441.605 (11), shall permit individuals and representatives of community service organizations, including community legal services programs, whose p…

(1) Except as provided in subsection (2) of this section, the Department of Human Services shall maintain a listing of all long term care facilities, as defined in ORS 442.015, by name and address and for each indicating: (a) The complaint file number. (b) The category of the com…

As used in ORS 441.705 to 441.745: (1) “Direct patient care or feeding” means any care provided directly to or for any patient related to that patient’s physical, medical and dietary well-being as defined by rules of: (a) The Department of Human Services when the facility is a lo…

(1)(a) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person pursuant to ORS 441.731 for any of the following: (A) Violation of any of the terms or conditions of a license issued under ORS 441.015 to 4…

(1) Any civil penalty under ORS 441.710 shall be imposed in the manner provided by 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…

(1) The Director of Human Services shall impose civil penalties under ORS 441.710 (1) on a residential care facility or a long term care facility pursuant to ORS 441.731. (2) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establish…

A civil penalty imposed under ORS 441.710 may be remitted or reduced upon such terms and conditions as the Director of the Oregon Health Authority or the Director of Human Services considers proper and consistent with the public health and safety. [1975 c.328 §3; 1987 c.428 §39; …

(1) In regulating residential care facilities and long term care facilities, the Department of Human Services shall prioritize the health, welfare, safety and rights of residents. (2) The department may, as appropriate, use a progressive enforcement process that employs a series …

(1) The Director of Human Services may impose a civil penalty under ORS 441.710 on a residential care facility or a long term care facility pursuant to this section. (2)(a) When imposing a civil penalty on a residential care facility or a long term care facility pursuant to this …

(1) As used in this section: (a) “Immediate jeopardy” means a situation in which the failure of a residential care facility or a long term care facility to comply with a rule of the Department of Human Services has caused or is likely to cause serious injury, serious harm, seriou…

Judicial review of civil penalties imposed under ORS 441.710, shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1975 c.328 §7] Note: See note under 441.705. (Quality Care Fund)

All penalties recovered under ORS 441.710 to 441.740 shall be deposited in the Quality Care Fund established in ORS 443.001. [1975 c.328 §8; 2009 c.837 §22; 2017 c.679 §44] Note: See note under 441.705. (Prohibition on Local Government Regulation of Long Term Care Facilities and …

(1) Any hospital which treats as a patient a person under 18 years of age because the person has attempted to commit suicide: (a) Shall cause that person to be provided with information and referral to inpatient or outpatient community resources, crisis intervention or other appr…

(1) The Oregon Health Authority shall prescribe a form to be used by hospitals to make the report required by ORS 441.750 (1)(b) and shall prescribe the frequency of such reports. (2) The report form may include the name of the hospital reporting, the date of birth, race and sex …

As used in ORS 441.761 to 441.795: (1) “Charge nurse” means a direct care registered nurse who coordinates patient care responsibilities among nurses in a hospital unit. (2) “Clinical care staff” means individuals who are licensed or certified by the state and who provide direct …

(1)(a) The Nurse Staffing Advisory Board is established within the Oregon Health Authority, consisting of 12 members appointed by the Governor. (b) Of the 12 members of the board: (A) Six must be hospital nurse managers; (B) Five must be direct care registered nurses who work in …

(1)(a) For each hospital there shall be established a hospital nurse staffing committee. Each hospital nurse staffing committee shall: (A) Consist of an equal number of hospital nurse managers and direct care staff; (B) For the portion of the committee composed of direct care sta…

(1) Each hospital shall implement a written hospital-wide nurse staffing plan that: (a) Meets the requirements of this section and ORS 441.762, 441.764, 441.765, 441.766, 441.767 and 441.768; (b) Includes any staffing-related terms and conditions that were previously adopted thro…

(1) A hospital nurse staffing committee established pursuant to ORS 441.762 shall review the nurse staffing plan: (a) At least once every year; and (b) At any other date and time specified by either cochair of the committee. (2) In reviewing a staffing plan, a hospital nurse staf…

(1) As used in this section, “unit” means a hospital unit as defined by the chief executive officer of the hospital or the chief executive officer’s designee. (2) With respect to direct care registered nurses, a nurse staffing plan must ensure that at all times: (a) In an emergen…

(1) Direct care registered nurse-to-patient staffing ratios under ORS 441.765 do not apply to the care of: (a) Patients in intensive care or critical units in circumstances prescribed by the hospital nurse staffing committee; (b) Emergency department patients who are in critical …

(1) As used in this section, “psychiatric unit” includes: (a) Inpatient psychiatric units; (b) Psychiatric geriatric units; (c) Psychiatric pediatric units; (d) Emergency departments that provide psychiatric emergency service, as defined by the Oregon Health Authority by rule; an…

A hospital may not assign a certified nursing assistant to more than seven patients at a time during a day or evening shift or to more than 11 patients at a time during a night shift. [2023 c.507 §8] Note: See note under 441.761.

(1) For purposes of this section, “epidemic” means the occurrence of a group of similar conditions of public health importance in a community or region that are in excess of normal expectancy and that are from a common or propagated source. (2) Notwithstanding ORS 441.761 to 441.…

(1) For purposes of this section, “nursing staff” includes registered nurses, licensed practical nurses, certified nursing assistants and other hospital nursing staff members as defined by the Oregon Health Authority by rule. (2) When a hospital learns about the need for replacem…