Title 36, Public Health and Safety

As used in ORS 443.380 to 443.394: (1) “Administrative action” means an action, inaction or decision by an owner, employee or agent of a residential facility or by a state, local, social service or health agency that could affect the health, safety, welfare or rights of residents…

(1) The Long Term Care Ombudsman, in consultation with the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416, shall appoint a Residential Facilities Ombudsman for a four-year term. The Residential Facilities Ombudsman serves at the pleasur…

(1) The Oregon Health Authority, the Department of Human Services and the Residential Facilities Ombudsman shall agree to a format for the authority and the department to provide monthly to the ombudsman updated demographic and licensing information regarding each residential fac…

(1) The Residential Facilities Ombudsman shall, in consultation with the Long Term Care Ombudsman, appoint designees to serve as representatives of the ombudsman in local communities. The ombudsman shall regularly monitor the functions of designees. (2) The Residential Facilities…

(1) The Residential Facilities Ombudsman and each designee shall: (a) Have private and unimpeded access to residential facilities and residents at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of: (A) Investigating and resolving com…

(1) If a complaint is made on behalf of a resident who has limited or no decision-making capacity and is unable to communicate consent for the Residential Facilities Ombudsman to investigate the complaint, and: (a) The resident has no known legal representative: (A) The ombudsman…

(1) The Residential Facilities Ombudsman shall prepare and distribute to each residential facility in this state a written notice describing the procedures to follow in making a complaint, including the address and telephone number of the ombudsman and designee, if any, and a pos…

(1)(a) As used in this section, “authorized representative” means an individual who: (A) Is authorized to represent a resident of a residential facility in legal proceedings; (B) Has a power of attorney for a resident; or (C) Is authorized by court order to act on behalf of a res…

The Residential Facilities Ombudsman appointed under ORS 443.382 may solicit and accept gifts, grants and donations from public and private sources for the purpose of carrying out ORS 443.380 to 443.394 and the moneys shall be deposited in the Long Term Care Ombudsman Account est…

As used in ORS 443.400 to 443.455 and 443.991, unless the context requires otherwise: (1) “Behavioral health needs” means mental, emotional or behavioral disturbances. (2) “Conversion facility” means a facility that has applied for, or been issued, a conversion facility license a…

For purposes of ORS 443.400 to 443.455 and 443.991, “residential facility” does not include: (1) A residential school; (2) A state or local correctional facility; (3) A youth correction facility as defined in ORS 420.005; (4) A youth care center operated by a county juvenile depa…

(1) A license issued by the Department of Human Services is required in order to operate or maintain a residential care facility, residential training facility or residential training home. (2) A license issued by the Oregon Health Authority is required in order to operate or mai…

(1) Applications for licensure to maintain and operate a residential facility shall be made to the Department of Human Services or the Oregon Health Authority on forms provided for that purpose by the appropriate licensing agency and shall include the facility’s proposed policies…

(1)(a) The Director of Human Services or authorized representative shall visit and inspect every residential care facility, residential training facility or residential training home to determine whether it is maintained and operated in accordance with ORS 443.002 and 443.400 to …

(1) The Department of Human Services shall annually inspect the kitchen of a facility and other areas where food is prepared for residents. In a year when the department is required by law to conduct a survey, the department shall conduct the inspection as part of the survey. The…

(1) The Department of Human Services or the Oregon Health Authority may revoke, suspend or impose conditions on the license of any residential training facility or residential training home based on criteria adopted by the licensing agency by rule, including but not limited to wh…

(1) As used in this section, “substantial compliance” has the meaning given that term in ORS 443.436. (2) A person applying for a license under ORS 443.415 must, in the judgment of the director of the licensing agency, be a person: (a) Who demonstrates an understanding and accept…

(1) Except as provided in subsection (2) of this section, the Department of Human Services or the Oregon Health Authority may revoke or suspend the license of any residential care facility that is not operated in accordance with ORS 443.002 or 443.400 to 443.455 or the rules of t…

(1) To prevent the perpetuation of segregated housing patterns, the Department of Human Services, in consultation with the Oregon Health Authority, shall determine the location and type of licensed residential facilities and the location of facilities subject to the provisions of…

(1) The Department of Human Services, in cooperation with representatives of residential facilities and adult foster homes, shall: (a) Assess the capacity on January 1, 2008, of residential facilities and adult foster homes to serve residents who qualify for state medical assista…

(1) Licensure under ORS 443.415 is effective for two years from the date of issue unless sooner revoked. Each license shall state: (a) The name of the person operating the residential facility; (b) The name of the person who owns the residential facility and, for a residential tr…

(1) The Department of Human Services may not grant a residential care facility’s request for an exception to the requirements of ORS 443.400 to 443.455 or any other statutory licensing requirements, unless expressly authorized by statute to grant an exception or to temporarily mo…

(1) A license under ORS 443.415 is not transferable or applicable to any location, residential facility or management other than that indicated on the application for licensure. (2) Except as provided in subsection (3) of this section: (a) All moneys collected under ORS 443.400 t…

(1) A facility that is licensed as a long term care facility under ORS 441.025 may apply to the Department of Human Services for licensure as a conversion facility. The department shall issue a conversion facility license upon receipt of an application and a fee that meet require…

(1) The Department of Human Services shall develop or obtain, maintain and use, in collaboration with residential care facilities, an objective, technology-based, acuity-based staffing tool. The department may use the tool to: (a) Evaluate whether a residential care facility has …

(1) In addition to any other training required by law, all direct care staff employed by a residential care facility shall, prior to providing direct care to residents of the facility, complete training in dementia care that includes: (a) Education on the dementia disease process…

A residential training facility or residential training home licensed by the Department of Human Services shall submit annual staffing data to a nationally standardized reporting survey organization specified by the Department of Human Services. The department shall obtain state-…

(1) As used in this section: (a) “Consistently” means regularly and typically. (b) “Substantial compliance” means a level of compliance with state law and with rules of the Department of Human Services such that any identified deficiencies pose a risk of no more than negligible h…

It is the intent of the Legislative Assembly that, when the Legislative Assembly approves increases in funding of services provided by residential training facilities or residential training homes, wages and health benefits paid to direct support professionals in the residential …

(1) As used in this section: (a) “Consistently” means regularly and typically. (b) “Direct care staff” means staff who provide services for residents that include assistance with daily living, medication administration, resident-focused activities, supervision and support. (c) “F…

(1) A residential care facility, which includes an assisted living facility, shall provide, at a minimum, the following information to an individual or any person acting on behalf of the individual at the time the individual applies for admission to the residential care facility …

Upon the admission of a resident to a residential care facility: (1) The facility shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. (2) Unless the resident, the resident’s guardian or t…

(1) A residential facility may not admit individuals who require continuous nursing care except as provided in subsection (3) of this section. (2) Except as provided in subsection (3) of this section, if any resident of a residential facility requires nursing care for eight or mo…

(1) The Residential Care Quality Measurement Program is established in the Department of Human Services. Under the program, the department shall, no later than July 1 of each year, publish an annual report, based on data reported by each residential care facility under subsection…

(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. (2) The council consists of nine members, appointed by the Govern…

(1) As used in this section, “supplier” includes an authorized representative of the patient who purchases nonprescription medication or nonprescription sickroom supplies at retail. (2) A resident in a residential facility must have a choice: (a) From among prescription drug deli…

(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 pa…

(1) For a residential care facility, residential training facility or residential training home, the Director of Human Services shall adopt rules governing: (a) The physical properties of the facility or home; (b) Storage, preparation and serving of food; (c) Care or training to …

(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: (a) Each resident is over 16 years of age; (b) No more than five individuals with physical disabilities reside in any…

(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 f…

(1) As used in this section, “facility” means a residential care facility, residential treatment facility or residential treatment home licensed under ORS 443.410. (2) Notwithstanding ORS 689.800, upon the discharge or release of a resident, a facility shall provide to the reside…

(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. (2)(a) The Director of Human Services shall impose penalties on residential care…

(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 find…

(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…

(1) As used in this section: (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…

As used in ORS 443.480 to 443.500: (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 hous…

(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 an…

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 depar…

Nothing in ORS 443.480 to 443.500 applies to: (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 priva…

(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, statut…