441.005 [Amended by 1971 c.730 §1; 1973 c.840 §1; repealed by 1977 c.751 §57]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 441 — Health Care Facilities
346 sections441.007 [1973 c.840 §2; repealed by 1977 c.751 §39]repealed
No operative statutory text appears at this designation in the selected edition.
441.010 [Amended by 1971 c.730 §3; 1973 c.840 §3; 1977 c.751 §18; renumbered 442.300]renumbered
No operative statutory text appears at this designation in the selected edition.
441.015 Licensing of facilities and health maintenance organizations; compliance with rules and standards
No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, maintain, manage or operate a health care facility or health maintenance organization, as defined in ORS 442.015, in this state without a license. Any health care facility or health maintenance organization which is in operation …
441.017 [1981 c.231 §2; 1987 c.753 §1; 2009 c.595 §719; repealed by 2009 c.792 §49]repealed
No operative statutory text appears at this designation in the selected edition.
441.020 Application; fees; rules
Licenses for health care facilities, except long term care facilities as defined in ORS 442.015, must be obtained from the Oregon Health Authority. Licenses for long term care facilities must be obtained from the Department of Human Services. Applications shall be upon such forms and shall contain such information as the authority or the department may rea…
441.021 [2009 c.792 §4b; 2009 c.792 §54; 2011 c.720 §195a; repealed by 2025 c.623 §5]repealed
No operative statutory text appears at this designation in the selected edition.
441.022 Factors to be considered in licensing
In determining whether to license a health care facility pursuant to ORS 441.025, the Oregon Health Authority or the Department of Human Services shall consider only factors relating to the health and safety of individuals to be cared for therein and the ability of the operator of the health care facility to safely operate the facility, and may not consider …
441.025 License issuance; rules; renewal; disclosure; transfer; posting
Upon receipt of a license fee and an application to operate a health care facility other than a long term care facility, the Oregon Health Authority shall review the application and conduct an in-person site inspection of the health care facility. The authority shall issue a license if it finds that the applicant and health care facility comply with ORS 441.…
441.026 Licensing of extended stay centers; rules
As used in this section: “Extended stay center” means a facility that provides extended stay services. “Extended stay services” means post-surgical and post-diagnostic medical and nursing services provided to a patient who is recovering from a surgical procedure performed in an ambulatory surgical center. “Local hospital” has the meaning given that term i…
441.030 Denial, suspension or revocation of licenses; restrictions on admission; penalties
The Oregon Health Authority or the Department of Human Services may assess a civil penalty and, pursuant to ORS 479.215, shall deny, suspend or revoke a license, in any case where the State Fire Marshal, or the representative of the State Fire Marshal, certifies that there is a failure to comply with all applicable laws, lawful ordinances and rules relating …
441.034 Expedited licensing process; fees; rules
As used in this section: “Applicant” includes a person’s or governmental unit’s parent corporation or any entity affiliated with the person, governmental unit or parent corporation through ownership, governance, control or membership. “Health care facility” does not include a: Long term care facility. Residential facility that primarily serves persons un…
441.035 [Amended by 1959 c.222 §2; 1959 c.466 §1; 1971 c.730 §9; repealed by 1971 c.734 §21]repealed
No operative statutory text appears at this designation in the selected edition.
441.037 Hearings; procedures; judicial review
When the Oregon Health Authority or the Department of Human Services proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183. Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance wi…
441.038 Additional remedies
Notwithstanding the existence and pursuit of any other remedy, the Oregon Health Authority may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a health care facility or health mainte…
441.040 [Amended by 1959 c.222 §3; 1971 c.730 §10; repealed by 1971 c.734 §21]repealed
No operative statutory text appears at this designation in the selected edition.
441.044 Complaints about standard of care in facility; retaliation prohibited; rules
Rules adopted pursuant to ORS 441.025 shall include procedures for the filing of complaints as to the standard of care in any health care facility and provide for the confidentiality of the identity of any complainant. A health care facility, or person acting in the interest of the facility, may not take any disciplinary or other adverse action against any …
441.045 [Amended by 1959 c.222 §4; 1959 c.466 §2; 1971 c.730 §11; repealed by 1971 c.734 §21]repealed
No operative statutory text appears at this designation in the selected edition.
441.046 Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident; rules
A long term care facility may not interfere with the good faith disclosure of information by an employee or a volunteer concerning the abuse or mistreatment of a resident in the long term care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens …
441.047 Requirement to provide resident with information about Long Term Care Ombudsman services
Upon the admission of a resident to a long term care facility, the facility shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. Note: 441.047 was added to and made a part of 441.015 to 441.119 by legislative action but was not added to any smaller series therein. Se…
441.048 Discrimination based on execution of POLST, advance directive or similar instruction prohibited
As used in this section: “Advance directive” has the meaning given that term in ORS 127.505. “Hospital” has the meaning given that term in ORS 442.015. “POLST” has the meaning given that term in ORS 127.663. A hospital may not: Condition the provision of treatment on a patient having a POLST, advance directive or any instruction relating to the administ…
441.049 Support persons for patients with disabilities
As used in this section: “Hospital” has the meaning given that term in ORS 442.015, excluding the Oregon State Hospital. “Patient” means a patient admitted to a hospital or in an emergency department who needs assistance to effectively communicate with hospital staff, make health care decisions or engage in activities of daily living due to a disability, i…
441.050 [Amended by 1971 c.730 §12; 1973 c.840 §8; 1977 c.751 §22; 1987 c.428 §8; 2001 c.900 §166; 2009 c.595 §725; renumbered 441.038 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
441.051 Discharge of patient to care of lay caregiver
As used in this section: “Aftercare” includes all of the following: Assistance with activities of daily living or instrumental activities of daily living. Medical or nursing tasks such as wound care, the administration of medications and the operation of medical equipment. Other assistance provided by a caregiver to a patient, following the patient’s dis…
441.052 Provision of opioid reversal medication upon discharge or release from hospital
Upon the discharge or release of a patient, a hospital licensed under this chapter shall provide to the patient at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if: The hospital actively treated the patient for the patient’s opioid use disorder; and The patient is discharged or rel…
441.053 Release of patient presenting with behavioral health crisis
As used in this section: “Behavioral health crisis” means a disruption in an individual’s mental or emotional stability or functioning resulting in an urgent need for immediate treatment to prevent a serious deterioration in the individual’s mental or physical health. “Lethal means counseling” means counseling strategies designed to reduce the access by a …
441.054 Discharge of patients receiving mental health treatment
As used in this section: “Discharge” means the release of a patient from a hospital following admission to the hospital. “Lay caregiver” means: For a patient who is younger than 14 years of age, a parent or legal guardian of the patient. For a patient who is at least 14 years of age, an individual designated by the patient or a parent or legal guardian o…
441.055 Health care facility medical staff and bylaws; rules
The governing body of each health care facility shall be responsible for the operation of the facility, the selection of the medical staff and the quality of care rendered in the facility. The governing body shall: Ensure that all health care personnel for whom state licenses, registrations or certificates are required are currently licensed, registered or …
441.056 Credentialing telemedicine providers; rules
The Oregon Health Authority shall prescribe by rule the information and documents that a governing body of an originating-site hospital may request for credentialing a telemedicine provider located at a distant-site hospital. The rules adopted by the authority under subsection (1) of this section must: Prescribe a standard list of information and documents…
441.057 [1975 c.360 §2; 1981 c.336 §1; 1987 c.428 §10; 2001 c.609 §16; 2001 c.900 §168; 2009 c.595 §727; 2009 c.792 §59; 2017 c.101 §13; 2018 c.61 §16; renumbered 441.044 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
441.058 [1977 c.532 §2; 1979 c.168 §1; repealed by 1983 c.781 §8]repealed
No operative statutory text appears at this designation in the selected edition.
441.059 Access to previous X-rays and reports by patients of chiropractic physicians
The rules of a hospital that govern patient access to previously performed X-rays or diagnostic laboratory reports shall not discriminate between patients of chiropractic physicians and patients of other licensed medical practitioners permitted access to such X-rays and diagnostic laboratory reports.
441.060 Inspections; approval of plans and specifications; rules; fees
The Oregon Health Authority shall make or cause to be made in-person site inspections of health care facilities licensed under ORS 441.025 (1) at least once every three years. The authority and the Department of Human Services may prescribe by rule that any licensee or prospective applicant desiring to make specified types of alteration or addition to its f…
441.061 Delegation of health inspections to local public health authorities; financial assistance
Upon agreement, the Director of Human Services may grant specific authorization to any local public health authority, as defined in ORS 431.003, to administer and enforce any law or rules of the Department of Human Services relating to inspections and issuance, revocation and suspension of licenses, or portion thereof, for long term care facilities. Pursuan…
441.062 Coordination of inspections; rules
In conducting inspections for the purpose of licensing health care facilities under ORS 441.020, the Oregon Health Authority and the Department of Human Services shall avoid unnecessary facility disruption by coordinating inspections performed by the authority or the department with inspections performed by other federal, state and local agencies that have r…
441.063 Use of facilities by licensed podiatric physicians and surgeons; regulation of admission and conduct
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 hospital. The staff shall regulate the admission and the conduct of the podiatr…
441.064 Use of facilities by nurse practitioners and physician associates; rules regarding privileges and credentialing
As used in this section: “Nurse practitioner” has the meaning given that term in ORS 678.010; “Physician” has the meaning given that term in ORS 677.010; and “Physician associate” has the meaning given that term in ORS 677.495. The rules of any hospital in this state may grant privileges to nurse practitioners and physician associates for purposes of pat…
441.065 Exemption of certain religious institutions
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 conducted for those who rely upon treatment solely by prayer or spiritual means, ex…
441.067 Inspection reports, complaint procedures and rules; posting
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: The most recent inspection report conducted by the department of that facility; An outline of the procedures for filing complaints against long term care facilities; and A s…
441.068 Hospital policies and procedures for dispensing HIV post-exposure prophylaxis drugs or therapies
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. A hospital licensed under ORS 441.025 must: Adopt a policy for the dispensing of human immunodeficiency virus post-exposure prophylaxis drugs or therapies; and Have procedures in…
441.070 [Amended by 1959 c.222 §5; repealed by 1971 c.730 §25]repealed
No operative statutory text appears at this designation in the selected edition.
441.073 Rules regarding staff ratio in long term care facilities; variances; posting
The Department of Human Services shall adopt rules specifying maximum number of patients per nursing assistant per shift in long term care facilities. The department may grant variances in the staffing requirements within a shift based on patient care needs or nursing practices. A statement of the specific staffing requirement for each time period required…
441.075 [Amended by 1969 c.314 §44; repealed by 1971 c.730 §25]repealed
No operative statutory text appears at this designation in the selected edition.
441.077 Revocation of license and other penalties for imposing restrictions upon certain physicians; construction of section
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 organization solely because of the school of medicine to which the person belongs, …
441.078 Disability discrimination prohibited in provision or insurance coverage of organ transplantation
As used in this section: “Auxiliary aids and services” means: Qualified interpreters or other effective methods of making aurally delivered material available to individuals with hearing impairment; Qualified readers, audio recordings of texts or other effective methods of making visually delivered material available to individuals with visual impairment;…
441.079 Eye, organ and tissue transplants
As used in this section and ORS 441.082: “Entity” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture or an instrumentality of an entity. “Eye bank” means an entity that is licensed or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or d…
441.080 [Repealed by 1971 c.730 §25]repealed
No operative statutory text appears at this designation in the selected edition.
441.081 [1979 c.680 §2; repealed by 1981 c.784 §38]repealed
No operative statutory text appears at this designation in the selected edition.
441.082 Registration of organ procurement organization, tissue bank and eye bank; rules; penalties
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. An organ procurement organization, tissue bank or eye bank may not do business in this state unless it has registered with the authority. Each organ procurement organization,…
441.083 Drug information to be provided patients of long term and intermediate care facilities
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: Name of the drug; Amount paid by the facility for the drug; and Amount charged by the facility for the drug. If a pharmacy charges any person for a drug …
441.084 Choice of patient on suppliers of drugs and supplies
As used in this section, “supplier” includes an authorized representative of the patient who purchases nonprescriptive medication or nonprescriptive sickroom supplies at retail. A patient in a long term care facility or an intermediate care facility required to be licensed under ORS 441.015 must have a choice: From among prescription drug delivery systems …
441.085 [1971 c.730 §2; 1973 c.840 §13; 1977 c.751 §26; 1987 c.428 §15; 2001 c.900 §171; 2009 c.595 §731; repealed by 2009 c.792 §49]repealed
No operative statutory text appears at this designation in the selected edition.
441.086 Ambulatory surgical centers; rules
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. An ambulatory surgical center shall post a notice in the facility, in a prominent place and in prominent font size, advising patients of the manner in which patients may express concerns regardin…
441.087 General inspection of long term care facility
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 to, entering the facility, interviewing residents and reviewing records. No advance…
441.089 Application of Health Care Quality Improvement Act of 1986
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. Note: 441.089 was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Pre…
441.090 [1971 c.730 §15; 1973 c.358 §6; 1973 c.840 §14; 1975 c.485 §1; 1977 c.751 §28; renumbered 442.320]renumbered
No operative statutory text appears at this designation in the selected edition.
441.092 [1975 c.485 §4; 1977 c.751 §29; renumbered 442.330]renumbered
No operative statutory text appears at this designation in the selected edition.
441.094 Denial of emergency medical services because of inability to pay prohibited
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 to the emergency department, to determine whether a need for emergency medical servi…
441.095 [1971 c.730 §16; 1973 c.358 §7; 1973 c.840 §15; 1975 c.485 §2; 1977 c.751 §30; renumbered 442.340]renumbered
No operative statutory text appears at this designation in the selected edition.
441.096 Identification badges
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. A health care facility shall develop policies that specify the size and content of the identification badge …
441.097 [1987 c.428 §2c; repealed by 2001 c.900 §261]repealed
No operative statutory text appears at this designation in the selected edition.
441.098 Health practitioner referral of patient to treatment or diagnostic testing facility; definitions for ORS 441.098, 441.099 and 441.991; rules
As used in this section and ORS 441.099 and 441.991: “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. “Financial interest” means a five percent or greater direct or indirect ownership in…
441.099 Health Licensing Office to ensure compliance with ORS 441.098
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. The Health Licensing Office or the appropriate health professional regulatory board may investigate a claim under ORS 441.…
441.100 [1981 c.534 §1; 1985 c.153 §1; 2007 c.21 §3; 2013 c.717 §1; 2015 c.839 §3; renumbered 441.402 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.101 Safeguards for protected health information; rules
As used in this section, “protected health information” has the meaning given that term in ORS 192.556. 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 year. The report may be in the form of a letter, must be signed by the chief executive o…
441.103 [1981 c.534 §2; 1985 c.153 §2; 2013 c.717 §2; renumbered 441.403 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.105 [Amended by 1955 c.464 §1; 1965 c.308 §1; repealed by 1971 c.730 §25]repealed
No operative statutory text appears at this designation in the selected edition.
441.107 [1981 c.534 §3; renumbered 441.404 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.109 [1981 c.534 §4; 1985 c.153 §3; 2001 c.900 §172; 2009 c.768 §32; 2013 c.717 §3; 2014 c.117 §10; renumbered 441.406 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.110 [Amended by 1955 c.464 §2; 1965 c.308 §2; repealed by 1971 c.730 §25]repealed
No operative statutory text appears at this designation in the selected edition.
441.111 Definitions
As used in ORS 441.111 to 441.119 and 441.993: “Care facility” includes: A long term care facility; A residential care facility, including an assisted living facility, as defined in ORS 443.400; and An adult foster home, as defined in ORS 443.705. “Gender expression” means an individual’s gender-related appearance and behavior, whether or not these are …
441.112 Discrimination based on actual or perceived sexual orientation, gender identity, gender expression or HIV status
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: Deny admission to a care facility, transfer or refuse to transfer a resident within a facility or to another facil…
441.113 [1981 c.534 §5; 2013 c.717 §4; renumbered 441.407 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.114 Protection of resident records; consent required for nontherapeutic examination, observation or treatment; access to transgender-related treatment
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. Unless required by state or federal law, a care facility shall not disclose any pe…
441.115 [Amended by 1965 c.308 §3; 1969 c.314 §45; repealed by 1971 c.730 §25]repealed
No operative statutory text appears at this designation in the selected edition.
441.116 Training required; rules
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: Caring for LGBTQIA2S+ residents and residents living with human immunodeficiency virus; and Preventing discrimination based on a resident’s sexual orientation, g…
441.117 [1981 c.534 §6; 2001 c.104 §179; 2003 c.86 §13; 2013 c.717 §5; renumbered 441.408 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.118 Training required for entities that contract with care facilities to provide services or supports to residents
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 shall provide the training within 12 months of entering into the contract with the ca…
441.119 Exemptions
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: The professionally reasonable clinical judgment of the management or staff of the care facility; or A state or federal statute, federal regulation or administrative rule that applies to the care facility.
441.120 [Repealed by 1971 c.730 §25]repealed
No operative statutory text appears at this designation in the selected edition.
441.121 [1981 c.534 §7; 2013 c.717 §6; renumbered 441.409 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.122 Rules
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. Note: 441.122 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised St…
441.124 [1981 c.534 §8; 2003 c.14 §253; 2013 c.717 §7; renumbered 441.411 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.125 [Amended by 1955 c.464 §3; 1971 c.730 §18; repealed by 1977 c.751 §39]repealed
No operative statutory text appears at this designation in the selected edition.
441.127 [1981 c.534 §9; 2013 c.717 §8; renumbered 441.412 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.130 [Amended by 1955 c.464 §4; 1971 c.730 §19; repealed by 1977 c.751 §39]repealed
No operative statutory text appears at this designation in the selected edition.
441.131 [1981 c.534 §10; 1985 c.153 §4; 2013 c.717 §9; renumbered 441.413 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.133 [1981 c.534 §11; 2013 c.717 §10; renumbered 441.414 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.135 [Amended by 1955 c.464 §5; 1965 c.308 §4; 1971 c.730 §20; repealed by 1977 c.751 §39]repealed
No operative statutory text appears at this designation in the selected edition.
441.137 [1985 c.153 §6; 1989 c.224 §93; 2007 c.70 §240; 2009 c.421 §1; 2013 c.717 §11; 2014 c.117 §11; renumbered 441.416 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.140 [Amended by 1955 c.464 §6; 1971 c.730 §21; 1977 c.751 §31; renumbered 442.350]renumbered
No operative statutory text appears at this designation in the selected edition.
441.142 [1985 c.153 §11; 2013 c.717 §12; renumbered 441.417 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.145 [Amended by 1955 c.464 §7; 1965 c.308 §5; 1965 c.439 §5; 1971 c.730 §22; repealed by 1977 c.751 §39]repealed
No operative statutory text appears at this designation in the selected edition.
441.146 [1995 c.789 §1; 2013 c.717 §13; renumbered 441.418 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.147 [1985 c.153 §§8,9,10; repealed by 2013 c.717 §18]repealed
No operative statutory text appears at this designation in the selected edition.
441.150 [Amended by 1971 c.730 §23; repealed by 1977 c.751 §39]repealed
No operative statutory text appears at this designation in the selected edition.
441.151 [Formerly 441.160; 2023 c.507 §1; renumbered 441.760 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.152 [2015 c.669 §2; 2023 c.507 §25; renumbered 441.761 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.153 [1985 c.153 §14(3); 2001 c.716 §29; 2013 c.717 §14; 2014 c.117 §12; renumbered 441.419 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.154 [2015 c.669 §1; 2023 c.507 §13; renumbered 441.762 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.155 [Formerly 441.162; 2023 c.507 §14; renumbered 441.763 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.156 [2015 c.669 §5; 2023 c.507 §16; renumbered 441.764 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.157 [2015 c.669 §9; 2021 c.338 §4; repealed by 2023 c.507 §32]repealed
No operative statutory text appears at this designation in the selected edition.
441.160 [2001 c.609 §1; renumbered 441.151 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.162 [2001 c.609 §2; 2005 c.665 §2; 2015 c.669 §4; renumbered 441.155 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.164 [2001 c.609 §3; 2009 c.595 §733; 2015 c.669 §12; 2023 c.507 §23; renumbered 441.778 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.165 [2015 c.669 §5a; 2021 c.248 §1; 2023 c.507 §24; renumbered 441.769 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.166 [2001 c.609 §4; 2005 c.665 §1; 2009 c.595 §734; 2015 c.669 §6; renumbered 441.770 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.168 [2001 c.609 §5; renumbered 441.772 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.169 [2015 c.669 §7; renumbered 441.785 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.170 [2001 c.609 §6; 2009 c.595 §735; 2015 c.669 §13; renumbered 441.175 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.171 [2015 c.669 §10; 2023 c.199 §1; 2023 c.507 §18; renumbered 441.791 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.172 [2001 c.609 §9; renumbered 441.179 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.173 [2015 c.669 §8; 2023 c.507 §26; renumbered 441.780 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.174 [2001 c.609 §10; renumbered 441.181 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.175 [Formerly 441.170; 2023 c. 507 §19; renumbered 441.793 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.176 [2001 c.609 §11; renumbered 441.183 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.177 [2015 c.669 §11; 2023 c.507 §21; renumbered 441.783 in 2023]renumbered
No operative statutory text appears at this designation in the selected edition.
441.178 [2001 c.609 §12; 2001 c.609 §12a; renumbered 441.184 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.179 Definitions for ORS 441.179 to 441.186
As used in ORS 441.179 to 441.186: “Affiliated hospital” means a hospital that has a business relationship with another hospital. “Hospital” means: An acute inpatient care facility, as defined in ORS 442.470; or A hospital as described in ORS 442.015. “Manager” means a person who: Has authority to direct and control the work performance of nursing staf…
441.180 [2001 c.609 §13; 2009 c.595 §736; 2015 c.669 §15; renumbered 441.185 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.181 Retaliation prohibited
A hospital may not take retaliatory action against a nursing staff because the nursing staff: 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 nursing staff reasonably believes is in violation of law or a rule or is a violation of pr…
441.182 [2001 c.609 §14; renumbered 441.186 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
441.183 Remedies for retaliation
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 brought under this subsection and are in addition to any remedies provided in subsecti…
441.184 Unlawful employment practices; civil action for retaliation
A hospital that takes any retaliatory action described in ORS 441.181 against a nursing staff commits an unlawful employment practice. 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 of Labor and Industries in the manner provided by ORS 659A.820. Except for the provisio…
441.185 Hospital posting of notice
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. Any hospital that willfully violates this section is subject to a civil penalty not to exc…
441.186 Rights, privileges or remedies of nursing staff
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 contract. ORS 441.183 and 441.184 provide the only remedies under state law for a nursin…
441.192 Notice of employment outside of hospital
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 in providing nursing services to patients under the hospital’s care. If a hospital …
441.195 [1957 s.s. c.13 §1; renumbered 440.305]renumbered
No operative statutory text appears at this designation in the selected edition.
441.196 [2015 c.466 §2; renumbered 441.054 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
441.198 [2015 c.263 §2; renumbered 441.051 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
441.200 [1957 s.s. c.13 §2; renumbered 440.310]renumbered
No operative statutory text appears at this designation in the selected edition.
441.201 Flagging systems
As used in this section: “Authorized staff” means the staff of a covered entity who are responsible for creating and tracking electronic health record flags. “Covered entity” means: A hospital as defined in ORS 441.760, except for the Oregon State Hospital. A home health agency as defined in ORS 443.014. A home hospice program as defined in ORS 654.412.…
441.203 Bullet resistance requirements for emergency rooms
As used in this section: “Emergency room intake window” means the designated area within an emergency department of a hospital where patients are registered. “Hospital” has the meaning given that term in ORS 441.760, except for the Oregon State Hospital. Every hospital in this state shall be required to install a bullet-resistant barrier or enclosure at e…
441.205 [Amended by 1969 c.343 §1; renumbered 440.315]renumbered
No operative statutory text appears at this designation in the selected edition.
441.210 [Amended by 1969 c.343 §2; 1971 c.727 §114; renumbered 440.320]renumbered
No operative statutory text appears at this designation in the selected edition.
441.215 [Repealed by 1957 s.s. c.13 §4 (441.216 enacted in lieu of 441.215)]repealed
No operative statutory text appears at this designation in the selected edition.
441.216 [1957 s.s. c.13 §5 (enacted in lieu of 441.215); 1969 c.343 §3; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.220 [Amended by 1969 c.343 §4; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.221 Advisory Committee on Physician Credentialing Information; membership; terms
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: Three members who are health care practitioners licensed by the Oregon Medical Board or representatives of heal…
441.222 Committee recommendations
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 seeking designation as a participating provider or member of a credentialing organizat…
441.223 Implementation of committee recommendations; rules
Upon receiving the recommendations of the Advisory Committee on Physician Credentialing Information, the Oregon Health Authority shall: Adopt administrative rules in a timely manner, as required by the Administrative Procedures Act, for the purpose of effectuating the provisions of ORS 441.221 to 441.223; and Ensure that the rules adopted by the Oregon Hea…
441.224 [2013 c.603 §2; repealed by 2021 c.50 §1]repealed
No operative statutory text appears at this designation in the selected edition.
441.225 [Repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.226 [2013 c.603 §3; repealed by 2021 c.50 §1]repealed
No operative statutory text appears at this designation in the selected edition.
441.227 [1965 c.403 §2; 1969 c.343 §5; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.228 [2013 c.603 §4; repealed by 2021 c.50 §1]repealed
No operative statutory text appears at this designation in the selected edition.
441.229 [2013 c.603 §5; repealed by 2021 c.50 §1]repealed
No operative statutory text appears at this designation in the selected edition.
441.230 [Amended by 1965 c.403 §3; 1969 c.343 §6; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.232 [2013 c.603 §7; repealed by 2021 c.50 §1]repealed
No operative statutory text appears at this designation in the selected edition.
441.233 [2013 c.603 §6; 2017 c.101 §34; 2017 c.384 §7; repealed by 2021 c.50 §1]repealed
No operative statutory text appears at this designation in the selected edition.
441.235 [Amended by 1969 c.343 §7; repealed by 1971 c.647 §149 and 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.240 [Amended by 1959 c.69 §1; repealed by 1971 c.647 §149]repealed
No operative statutory text appears at this designation in the selected edition.
441.245 [Repealed by 1957 s.s. c.13 §8]repealed
No operative statutory text appears at this designation in the selected edition.
441.250 [Repealed by 1971 c.647 §149]repealed
No operative statutory text appears at this designation in the selected edition.
441.255 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.260 [Amended by 1969 c.343 §8; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.265 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.270 [Amended by 1969 c.343 §9; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.275 [Amended by 1969 c.343 §10; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.277 Definitions for ORS 441.277 to 441.323
As used in ORS 441.277 to 441.323: “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, 418.470, 418.475 or 418.950 to 418.970 by the Department of Human Services. “Licens…
441.280 [Amended by 1969 c.343 §11; 1971 c.727 §117; renumbered 440.325]renumbered
No operative statutory text appears at this designation in the selected edition.
441.281 Petition for appointment of trustee; hearing; order
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. The court shall hold a hearing on a petition filed under this section within 10 days of the filing of the petition. The petition sh…
441.285 [Amended by 1969 c.343 §12; repealed by 1969 c.343 §28; amended by 1969 c.669 §8; 1973 c.796 §61; renumbered 440.330]renumbered
No operative statutory text appears at this designation in the selected edition.
441.286 Grounds for appointment of trustee
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: Prior inspections or investigations of complaints by the Department of Human Services revealed that the facili…
441.289 Powers and duties of trustee
A trustee appointed under ORS 441.281: May exercise any powers and shall perform any duties required by the court. Shall operate the facility in such a manner as to protect the health and welfare of the patients. Shall have the same rights to possession of the building in which the facility is located and of all goods and fixtures in the building at the t…
441.290 [Renumbered 440.335]renumbered
No operative statutory text appears at this designation in the selected edition.
441.293 Liability to trustee for goods and services after notice; effect of nonpayment
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 goods or services as supplied by the licensee. The trustee shall give a receipt for…
441.295 [Amended by 1969 c.343 §§13,27; 1969 c.344 §6; 1971 c.403 §7; renumbered 440.340]renumbered
No operative statutory text appears at this designation in the selected edition.
441.296 Liability for rent or contracts
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. If the trustee is in possession of real estate or goods subject to a lease, mortgage or security interest which the trustee is permitted…
441.300 [Amended by 1969 c.343 §14; repealed by 1969 c.343 §29 and 1969 c.345 §20]repealed
No operative statutory text appears at this designation in the selected edition.
441.301 Payment of expenses when income inadequate
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 those expenses, the Department of Human Services may draw from the Facility Fund e…
441.303 Establishment of Facility Fund; fees from facilities in addition to license or application fee; use of fees
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. Moneys in the fund are continuously appropriated to the department for the purpose …
441.305 [Amended by 1969 c.343 §15; 1971 c.647 §79; renumbered 440.350]renumbered
No operative statutory text appears at this designation in the selected edition.
441.306 Compensation of trustee
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.
441.307 [1957 s.s. c.13 §7; 1969 c.343 §16; repealed by 1971 c.647 §149]repealed
No operative statutory text appears at this designation in the selected edition.
441.308 [Repealed by 1957 s.s. c.13 §8]repealed
No operative statutory text appears at this designation in the selected edition.
441.309 Trustee as public employee
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. A trustee may be held liable in a personal capacity only for the trustee’s own gross negligence, intentional…
441.310 [Amended by 1959 c.616 §1; 1969 c.343 §17; repealed by 1971 c.647 §149]repealed
No operative statutory text appears at this designation in the selected edition.
441.312 License renewal of facility placed in trust
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.
441.315 [Amended by 1971 c.647 §80; renumbered 440.355]renumbered
No operative statutory text appears at this designation in the selected edition.
441.316 Termination of trust; extension; license revocation
The court may terminate a trust if the time period specified in the order appointing the trustee lapses or if the patients in the facility have been provided with care in another facility or upon petition of the licensee if the licensee intends to discontinue the operation of or close the facility during the period of trust. The court may use its discretion …
441.318 Trustee accounting; deficiencies; lien
Within 60 days following the creation of the trust by the court, and every 60 days thereafter, and within 30 days after the termination of the trust, the trustee shall give the court and the Department of Human Services a complete accounting of all property of which the trustee has taken possession, all funds collected under ORS 441.289 and 441.293 and all e…
441.320 [Amended by 1967 c.37 §1; 1967 c.353 §1; 1971 c.89 §1; 1971 c.727 §118; renumbered 440.360]renumbered
No operative statutory text appears at this designation in the selected edition.
441.323 Effect of trust or temporary management on prior obligations or civil or criminal liabilities
Nothing in ORS 441.277 to 441.323 is intended: To relieve any licensee of the facility placed in trust under ORS 441.281 or under temporary management pursuant to ORS 441.333 of any civil or criminal liability incurred, or any duty imposed by law by reason of acts or omissions of the licensee prior to the appointment of a trustee under ORS 441.281. To susp…
441.325 [Renumbered 440.365]renumbered
No operative statutory text appears at this designation in the selected edition.
441.330 [Renumbered 440.370]renumbered
No operative statutory text appears at this designation in the selected edition.
441.331 Definition of “facility” for ORS 441.331 to 441.341
As used in ORS 441.331 to 441.341, “facility” has the meaning given that term in ORS 441.277. Note: 441.331 to 441.341 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
441.333 Appointment of temporary manager
The Department of Human Services, with the consent of the licensee, may appoint for a period not to exceed six months a temporary manager to assume control of the day-to-day operation of the facility if the department determines that the health or safety of patients in a facility are, or in the immediate future will be, in jeopardy based upon: The facility’…
441.335 [Amended by 1963 c.9 §25; 1969 c.343 §18; renumbered 440.375]renumbered
No operative statutory text appears at this designation in the selected edition.
441.336 Accounting by temporary manager; deficiencies; lien
Within 30 days following the appointment of a temporary manager under ORS 441.333, and every 30 days thereafter and within 30 days after the termination of the period of temporary management, the temporary manager shall give the Department of Human Services and the licensee a complete accounting of all property that the temporary manager has taken possession…
441.338 Temporary manager as agent of state agency
In any action or proceeding brought against a temporary manager in the temporary manager’s official capacity for acts committed while carrying out the powers and duties authorized by the Department of Human Services by rule or as agreed upon between the department and the licensee, the temporary manager shall be considered an agent of the department under OR…
441.340 [Repealed by 1971 c.647 §149]repealed
No operative statutory text appears at this designation in the selected edition.
441.341 Rules
The Department of Human Services shall adopt rules necessary to implement ORS 441.331 to 441.341, including but not limited to the criteria for the appointment of a temporary manager of a facility, the qualifications of a temporary manager and the powers and duties of a temporary manager. Note: See note under 441.331.
441.345 [Amended by 1969 c.2 §1; 1969 c.343 §19; 1969 c.694 §7; 1971 c.36 §4; renumbered 440.380]renumbered
No operative statutory text appears at this designation in the selected edition.
441.350 [Amended by 1969 c.343 §20; renumbered 440.385]renumbered
No operative statutory text appears at this designation in the selected edition.
441.355 [Renumbered 440.390]renumbered
No operative statutory text appears at this designation in the selected edition.
441.357 Definitions for ORS 441.357 to 441.367
As used in ORS 441.357 to 441.367: “Informed written consent” means voluntary consent in writing given after receipt and understanding of a written statement of a resident’s rights under ORS 441.362 (1) to (5). “Long term care facility” means any long term care facility as defined in ORS 442.015. “Move from a long term care facility” means any move, reloc…
441.360 [Amended by 1963 c.9 §26; 1969 c.694 §8; renumbered 440.395]renumbered
No operative statutory text appears at this designation in the selected edition.
441.362 Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent
The Department of Human Services shall not move any resident from a long term care facility or terminate payment for a resident of a long term care facility without providing 30 days’ written notice to the resident of the reasons for the move or termination of payment, the resident’s right to a hearing in accordance with ORS chapter 183 and the grounds for c…
441.365 [Amended by 1961 c.396 §1; 1969 c.343 §20a; 1969 c.694 §9; 1971 c.36 §5; 1973 c.284 §3; renumbered 440.400]renumbered
No operative statutory text appears at this designation in the selected edition.
441.367 Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty
The Department of Human Services by rule shall require long term care facilities licensed under ORS 441.020 to provide written and oral notice before or at the time of admission to any resident who does not receive medical assistance under ORS chapter 414, specifying: The base daily rate and any additional expenses reasonably to be expected including medica…
441.370 [Amended by 1969 c.343 §21; renumbered 440.405]renumbered
No operative statutory text appears at this designation in the selected edition.
441.373 Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime
As used in this section: “Adult foster home” has the meaning given that term in ORS 443.705. “Area agency” has the meaning given that term in ORS 410.040. “Long term care facility” has the meaning given that term in ORS 442.015. “Move from a long term care facility” has the meaning given that term in ORS 441.357. “Residential care facility” has the mean…
441.375 [Amended by 1973 c.284 §4; renumbered 440.410]renumbered
No operative statutory text appears at this designation in the selected edition.
441.380 [Amended by 1969 c.343 §22; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.385 [Amended by 1969 c.343 §23; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.390 [Amended by 1969 c.343 §24; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.395 [Subsection (2) enacted as 1957 c.584 §1; repealed by 1969 c.343 §30]repealed
No operative statutory text appears at this designation in the selected edition.
441.400 [Amended by 1969 c.343 §25; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.402 Definitions for ORS 441.402 to 441.419
As used in ORS 441.402 to 441.419: “Administrative action” means any action, inaction or decision made by an owner, employee or agent of a long term care facility or by a public agency that affects the services to residents of long term care facilities. “Designee” means an individual appointed by the Long Term Care Ombudsman under ORS 441.413 to serve as a…
441.403 Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications
The office of the Long Term Care Ombudsman is established. The Long Term Care Ombudsman shall function separately and independently from any other state agency. The Governor shall appoint the Long Term Care Ombudsman for a four-year term from a list of three nominees nominated by the Residential Ombudsman and Public Guardianship Advisory Board established un…
441.404 Funding of office
The funding for the office of the Long Term Care Ombudsman shall include at least one percent of Title III(B) of the Older Americans Act (Public Law 89-73) funding received by this state.
441.405 [Amended by 1969 c.343 §26; repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.406 Duties of ombudsman; rules
The Long Term Care Ombudsman shall carry out the following duties: Investigate and resolve complaints made by or for residents of long term care facilities about administrative actions that may adversely affect their health, safety, welfare or rights, including subpoenaing any person to appear, to give sworn testimony or to produce documentary or other evid…
441.407 Procedures to maintain confidentiality
The Long Term Care Ombudsman shall establish procedures to maintain the confidentiality of the records and files of residents of long term care facilities. These procedures must meet the following requirements: The ombudsman or a designee may not disclose the identity of any resident unless the complainant or the resident, or the legal representative of eit…
441.408 Right of entry into facilities and access to records
The Long Term Care Ombudsman and each designee shall have the right of entry into long term care facilities at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of: Investigating and resolving complaints made by residents or made on their behalf; Interviewing residents, with their consent, in private; Offering t…
441.409 Report after investigation; referral to other agencies
Following an investigation, the Long Term Care Ombudsman or the designee shall report opinions or recommendations to the party or parties affected and, if appropriate, shall attempt to resolve the complaint using informal techniques of mediation, conciliation and persuasion. Complaints of conditions adversely affecting residents of long term care facilities,…
441.410 [Repealed by 1971 c.727 §203]repealed
No operative statutory text appears at this designation in the selected edition.
441.411 Notice of complaint procedures; posting
The Long Term Care Ombudsman shall prepare and distribute to each long term care 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 local designee, if any, and a poster describing the Long Term Care Ombudsman Program and providing contact informati…
441.412 Immunity of employees
Any employee or agent of a long term care facility acting in good faith in discussing resident care pursuant to ORS 441.408 shall have immunity from any civil liability that might otherwise be incurred or imposed with respect to the making of such report. Any employee or agent who makes a report pursuant to ORS 441.408 may not be subjected to any retaliatio…
441.413 Appointment of designees; qualifications; duties
The Long Term Care Ombudsman shall appoint designees, in consultation with local screening committees that are appointed by and serve at the pleasure of the ombudsman, that may consist of but not be limited to persons representing: The area agency, as defined in ORS 410.040. The local office of the Department of Human Services. The local health department…
441.414 Effect of ORS 441.402 to 441.419 on right to visitors
Nothing in ORS 441.402 to 441.419 shall affect the right of residents of a long term care facility to see visitors of their choice.
441.415 [1973 c.837 §2; 1977 c.751 §40; renumbered 442.400]renumbered
No operative statutory text appears at this designation in the selected edition.
441.416 Residential Ombudsman and Public Guardianship Advisory Board; appointment; confirmation; term; qualifications
There is established a Residential Ombudsman and Public Guardianship Advisory Board of 11 members to be appointed in the following manner: One person appointed by the Speaker of the House of Representatives; One person appointed by the President of the Senate; One person appointed by the House Minority Leader; One person appointed by the Senate Minority …
441.417 Duties
The Residential Ombudsman and Public Guardianship Advisory Board shall: Monitor the Long Term Care Ombudsman Program. Advise the Governor and the Legislative Assembly on the Long Term Care Ombudsman Program. Nominate, after interviews and according to prescribed criteria, three persons to fill the Long Term Care Ombudsman position or to fill a vacancy in …
441.418 Appeal to Residential Ombudsman and Public Guardianship Advisory Board
A residential facility as defined in ORS 443.380 or a long term care facility that files a complaint against a designee appointed under ORS 441.413 and objects to the action of the Long Term Care Ombudsman in resolving the complaint may appeal the ombudsman’s action to a panel of the Residential Ombudsman and Public Guardianship Advisory Board. The board on…
441.419 Long Term Care Ombudsman Account
The Long Term Care Ombudsman Account is established in the State Treasury, separate and distinct from the General Fund. All miscellaneous receipts, gifts and federal and other grants received by the Long Term Care Ombudsman shall be deposited into the Long Term Care Ombudsman Account and are continuously appropriated to the Long Term Care Ombudsman for carry…
441.420 [1973 c.837 §1; 1977 c.751 §41; renumbered 442.405]renumbered
No operative statutory text appears at this designation in the selected edition.
441.425 [1973 c.837 §3; repealed by 1977 c.751 §57]repealed
No operative statutory text appears at this designation in the selected edition.
441.427 Training on caring for LGBTQIA2S+ residents and residents living with HIV
The Long Term Care Ombudsman, the deputy ombudsmen and their designees shall complete a training meeting the requirements of ORS 441.116 (1) and (2) within 12 months of appointment and every two years thereafter. Training provided subsequent to the initial training of the Long Term Care Ombudsman, the deputy ombudsmen and their designees must include, at a m…
441.430 [1973 c.837 §4; repealed by 1977 c.751 §57]repealed
No operative statutory text appears at this designation in the selected edition.
441.435 [1973 c.837 §6; 1977 c.751 §42; renumbered 442.420]renumbered
No operative statutory text appears at this designation in the selected edition.
441.440 [1973 c.837 §7; renumbered 442.425]renumbered
No operative statutory text appears at this designation in the selected edition.
441.445 [1973 c.837 §8; renumbered 442.430]renumbered
No operative statutory text appears at this designation in the selected edition.
441.460 [1973 c.837 §9; 1977 c.751 §43; renumbered 442.435]renumbered
No operative statutory text appears at this designation in the selected edition.
441.465 [1973 c.837 §10; renumbered 442.440]renumbered
No operative statutory text appears at this designation in the selected edition.
441.470 [1973 c.837 §11; repealed by 1977 c.751 §57]repealed
No operative statutory text appears at this designation in the selected edition.
441.475 [1973 c.837 §5; repealed by 1977 c.751 §57]repealed
No operative statutory text appears at this designation in the selected edition.
441.480 [1973 c.837 §12; renumbered 442.445]renumbered
No operative statutory text appears at this designation in the selected edition.
441.505 [Subsection (2) enacted as 1957 c.584 §2; 1967 c.498 §5; renumbered 440.505]renumbered
No operative statutory text appears at this designation in the selected edition.
441.510 [Renumbered 441.810]renumbered
No operative statutory text appears at this designation in the selected edition.
441.515 [1971 c.166 §1; renumbered 441.815]renumbered
No operative statutory text appears at this designation in the selected edition.
441.525 Definitions for ORS 441.525 to 441.595
As used in ORS 441.525 to 441.595, unless the context requires otherwise: “Adult congregate living facility” means any institution, building or buildings, residential facility for elderly individuals or individuals with disabilities, or other place, operated as a nonprofit corporation that undertakes through its ownership or management to provide housing, m…
441.530 Policy
In order to provide the people of Oregon with access to adequate medical care and hospital facilities, the Legislative Assembly finds that it is necessary and desirable to authorize the creation in the several counties and cities of public authorities having the power to acquire, own, lease, sell and otherwise dispose of hospital facilities, and to authorize…
441.532 Municipalities authorized to create authority; issuance of obligations; conditions; purpose of authority
Only a municipality may create an authority. Such a municipality may utilize an authority to issue obligations on behalf of the municipality in order to provide hospital facilities for the people of the municipality. No authority shall issue obligations on behalf of more than one municipality. An authority shall not be created or continued in existence for a…
441.535 Procedure to create public authority
A governing body may upon its own motion, and shall upon the written request of any three or more natural persons, consider whether it is advisable to create a public authority for the purpose of providing hospital facilities. If the governing body, after public hearing according to its rules, determines that it is wise and desirable to create in a public a…
441.540 Board of directors; rules; conflict of interest; quorum; personnel
An authority shall be managed and controlled by a board of directors, who shall be appointed by the governing body. The directors may be removed for cause or at the will of the governing body. The directors shall serve without compensation. However, the authority may reimburse the directors for their expenses incurred in the performance of their duties. The…
441.545 Authority may not levy taxes
An authority shall not have the right or power to levy taxes or to operate a hospital facility.
441.550 General powers
Except as otherwise provided in ORS 441.545, an authority shall have all powers necessary to accomplish the purpose of providing hospital facilities for the people of Oregon, including without limitation the power: To sue and be sued in its own name. To acquire by purchase, construction, exchange, gift, lease, or otherwise, and to improve, extend, maintain…
441.555 Issuance of revenue obligations; nature of obligation; refunding
To accomplish its purposes, an authority shall have the power to issue revenue obligations payable from the revenues derived by it from repayment of loans or from its ownership or sale of any one or more hospital facilities. The issuance of revenue obligations is governed by the provisions of subsections (2) to (8) of this section, and is not subject to the …
441.560 Borrowing; bond anticipation notes
An authority may borrow from banks or other lenders such sums on such terms as the board of directors deems necessary or advisable. An authority may also issue, sell and assume bond anticipation notes or their equivalent, which shall bear such date or dates, mature at such time or times, be in such denominations and in such form, be payable in such medium, a…
441.565 Obligations of authority not obligations of municipality
The revenue bonds and other obligations of an authority shall not be a general obligation of the municipality nor a charge upon the tax revenues of the municipality.
441.570 Payment of principal and interest
The board of directors shall establish rentals, selling prices, and other charges at least adequate to pay the principal of and interest on the obligations of the authority as the same become due, including payments to any special fund or funds, together with the financing and other costs of the authority.
441.575 Authorities may act jointly
All powers and responsibilities provided in ORS 441.525 to 441.595 may be exercised and discharged by two or more authorities acting jointly to effectuate the purposes of ORS 441.525 to 441.595.
441.580 Authority as public body; tax status of assets, income and bonds
An authority is hereby declared to be a public body performing a public function. Accordingly, an authority, all assets at any time owned by it, the income therefrom, and all bonds issued by an authority, together with the coupons applicable thereto, and the income therefrom, shall be exempt from all taxation in the State of Oregon; provided, however, that r…
441.585 Disposition of excess earnings; disposition of assets on dissolution
The earnings of the authority in excess of the amount required for the retirement of indebtedness or the accomplishment of the purposes stated in ORS 441.525 to 441.595 shall not inure to the benefit of any person or body other than the municipality creating the authority. Upon dissolution of an authority, any assets remaining after provision for payment of …
441.590 Authority granted by ORS 441.525 to 441.595
ORS 441.525 to 441.595 are complete authority for the organization of authorities and for the issuance and sale of revenue bonds and refunding revenue bonds. Any restrictions, limitations, conditions or procedures provided by other statutes, including but not limited to the provisions of ORS chapter 198 and ORS 440.305 to 440.410, do not apply to the organiz…
441.595 Construction of ORS 441.525 to 441.595
ORS 441.525 to 441.595 shall be liberally construed to effect its purposes. In the event that any portion of ORS 441.525 to 441.595 is declared invalid or otherwise unenforceable by a court of record, the remaining provisions of ORS 441.525 to 441.595 shall nevertheless remain in full force and effect. [1973 c.153 §15] (Temporary provisions relating to the …
441.600 Definitions for ORS 441.600 to 441.625
As used in ORS 441.600 to 441.625 unless the context requires otherwise: “Department” means the Department of Human Services. “Facility” means a long term care facility as defined in ORS 442.015. “Legal representative” means attorney at law, person holding a general power of attorney, guardian, conservator or any person appointed by a court to manage the …
441.605 Legislative declaration of rights intended for residents
It is the intent of the Legislative Assembly that facilities guarantee at a minimum that each resident has the right to be: Fully informed of all resident rights and all facility rules governing resident conduct and responsibilities. Fully informed which services are available and of any additional charges not covered by the daily rates or by Medicare or M…
441.610 Nursing home patients’ bill of rights; rules
The Department of Human Services shall adopt a nursing home patients’ bill of rights consistent with the principles set forth in ORS 441.605. The rules shall be applicable to all residents and as far as practicable shall conform to any federal nursing home patients’ bill of rights. The department shall periodically review the rules to assure that they meet …
441.612 Additional rights; rules
The Department of Human Services shall adopt a bill of rights for residents and patients of long term care facilities, as defined in ORS 442.015. The rules shall be applicable to all residents and patients. The rights adopted by the department pursuant to subsection (1) of this section shall be in addition to those rights provided in, or by rule adopted pur…
441.615 Powers and responsibilities of department; rules
In the administration of ORS 441.600 to 441.625, 441.710 and 441.715, the Department of Human Services shall have the following powers and responsibilities: To inspect any facility and the records of any facility to insure compliance with ORS 441.600 to 441.625, 441.710 and 441.715. To adopt rules in accordance with ORS chapter 183, including but not limit…
441.620 Disclosure of business information required
Each facility shall disclose to the resident in writing its legal name and business address, and the name and business address of the administrator of the facility, at the time of admission of a resident. Information required to be disclosed by this section shall be kept current.
441.623 [1987 c.428 §1; repealed by 2001 c.900 §261]repealed
No operative statutory text appears at this designation in the selected edition.
441.624 Purpose
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 the consolidation of the regulatory functions of licensing, certification, inspectio…
441.625 Retaliation against resident exercising rights prohibited
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 or threatening any action to coerce or compel the resident to leave the facilit…
441.630 Definitions for ORS 441.630 to 441.680
As used in ORS 441.630 to 441.680: “Abuse” means: Any physical injury to a resident of a long term care facility which has been caused by other than accidental means. Failure to provide basic care or services, which failure results in physical harm or unreasonable discomfort or serious loss of human dignity. Sexual contact with a resident caused by an em…
441.635 Legislative finding
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 investigations of allegedly abused residents.
441.637 Rules; submission of rules to advisory group
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. Prior to proceeding with the procedures for notice prescribed under ORS 183.335, the department shall submit any proposed rules to an advisory group consisting of repr…
441.640 Report of suspected abuse of resident required
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 facility, shall report or cause a report to be made in the manner required in ORS 441.…
441.645 Oral report to area agency on aging, department or law enforcement agency
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, such reports shall contain the names and addresses of the resident and any persons re…
441.650 Investigation of abuse complaint; initial status report; content; distribution of report; duties of investigator; investigation report
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: Within two hours, if the complaint alleges that a resident’s health or safety is in imminent danger or that the resi…
441.655 Immunity for reporter of abuse
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 making or content of such report. Any such participant shall have the same immunity wi…
441.659 Disclosure of protected health information to law enforcement
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: Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health i…
441.660 Photographing resident; photograph as record
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 of the resident at the time of the investigation. Notwithstanding the provisions of …
441.665 Record of reports; classification of investigation report
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 violation. Each incident of abuse or other licensing violation alleged in a report sh…
441.670 [1979 c.770 §9; repealed by 1981 c.470 §1 (441.671 enacted in lieu of 441.670)]repealed
No operative statutory text appears at this designation in the selected edition.
441.671 Confidentiality of reports; when available
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. Notwithstanding subsection (1) of this section, the Department of Human Services or the department’s …
441.674 Specified evidentiary privileges inapplicable
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 social workers and the spousal privilege, shall not be a ground for excluding evidenc…
441.675 General evidentiary privileges inapplicable
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 pursuant to ORS 441.640.
441.676 Investigation of licensing violations; powers of investigator
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. Except in cases where the investigation is part of nursing facility surveyor activity pursuant to federal law, an investigator investigating a complaint other than a complaint …
441.677 Letter of determination; determination rules; distribution of letter; notice to nursing assistant; right to contested case hearing; rules
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 completed and the Department of Human Services shall prepare a written letter of determ…
441.678 Review of finding that nursing assistant responsible for abuse; name placed in registry
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 under this section. If a nursing assistant is found to be responsible for abuse, t…
441.679 Preemployment inquiries; when employment prohibited
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 disciplinary action against the person or substantiated abuse findings against a nursing ass…
441.680 Spiritual healing alone not considered abuse of resident
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 abused resident within the meaning of ORS 441.630 to 441.680.
441.685 Monitors; designation; duties; peer review of facilities
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 monitors who shall observe the activities of the facility and report to the directo…
441.690 Complainant may accompany investigator
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, shall be allowed to accompany an investigator to the site of the alleged viola…
441.695 Conduct of investigation
In investigating all complaints under ORS 441.690, the investigator shall: Interview all available witnesses identified by any sources as having personal knowledge relevant to the complaint; Make personal inspection of all physical circumstances that are relevant and material to the complaint and which are susceptible of objective observation; Not decline…
441.697 Prescribed drug supply for unscheduled therapeutic leave from long term care facility; dispensing of drugs by registered nurse
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 agrees to such designation may provide the resident or a responsible person with up to a…
441.698 Provision of opioid reversal medication and supplies upon discharge or transfer of resident who received addiction treatment
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: The resident received addiction treatment at the long term care facility for a current opioid use d…
441.700 Access to facilities by persons providing services
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 purpose is rendering service without charge to residents, to have full and free acces…
441.703 Complaint file; summary; availability on request
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: The complaint file number. The category of the complaint, whether staffing, food, patient care or other. A brief description of the complai…
441.704 [1983 c.484 §1; repealed by 1985 c.647 §3]repealed
No operative statutory text appears at this designation in the selected edition.
441.705 Definitions for ORS 441.705 to 441.745
As used in ORS 441.705 to 441.745: “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: The Department of Human Services when the facility is a long term care facility, as defined in ORS 442.015, or a residential care facility, resi…
441.710 Civil penalties; when imposed
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: Violation of any of the terms or conditions of a license issued under ORS 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.342, 442.344 and 442.4…
441.712 Notice of civil penalty
Any civil penalty under ORS 441.710 shall be imposed in the manner provided by ORS 183.745. 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 Director of Human Services if the facility is a long term care facility, …
441.715 Criteria for civil penalties; rules
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. After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (1) on residential training…
441.720 Remittance or reduction of penalties
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. Note: See note under 441.705.
441.725 [1975 c.328 §4; 1985 c.648 §3; 1987 c.428 §40; repealed by 1993 c.759 §19]repealed
No operative statutory text appears at this designation in the selected edition.
441.726 Progressive enforcement process
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. The department may, as appropriate, use a progressive enforcement process that employs a series of actions to encourage and compel compliance with licensing regulations through the ap…
441.730 [1975 c.328 §5; repealed by 1977 c.261 §11]repealed
No operative statutory text appears at this designation in the selected edition.
441.731 Civil penalties
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. When imposing a civil penalty on a residential care facility or a long term care facility pursuant to this section, the director shall consider: Any prior violations of laws or rules pertaining to…
441.735 [1975 c.328 §6; 1977 c.261 §10; 1989 c.706 §13; repealed by 1991 c.734 §122]repealed
No operative statutory text appears at this designation in the selected edition.
441.736 License conditions
As used in this section: “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, serious impairment or death to a resident. “License condition” includes but is not limited t…
441.740 Judicial review
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. Note: See note under 441.705. (Quality Care Fund)
441.745 Penalties to 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 Residential Care Facilities) Note: Sections 2 and 6 (2), chapter 616, Oregon …
441.750 Suicide attempts by minors; referral; report; disclosure of information; limitation of liability
Any hospital which treats as a patient a person under 18 years of age because the person has attempted to commit suicide: Shall cause that person to be provided with information and referral to inpatient or outpatient community resources, crisis intervention or other appropriate intervention by the patient’s attending physician, hospital social work staff o…
441.755 Report form; contents
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. The report form may include the name of the hospital reporting, the date of birth, race and sex of person described in subsection (1) of this section, the suicide method used by the p…
441.760 Definitions
As used in ORS 441.761 to 441.795: “Charge nurse” means a direct care registered nurse who coordinates patient care responsibilities among nurses in a hospital unit. “Clinical care staff” means individuals who are licensed or certified by the state and who provide direct care. “Direct care” means any care provided by a licensed or certified member of the …
441.761 Nurse Staffing Advisory Board
The Nurse Staffing Advisory Board is established within the Oregon Health Authority, consisting of 12 members appointed by the Governor. Of the 12 members of the board: Six must be hospital nurse managers; Five must be direct care registered nurses who work in hospitals; and One must be either a direct care registered nurse who works in a hospital or a d…
441.762 Hospital nurse staffing committee
For each hospital there shall be established a hospital nurse staffing committee. Each hospital nurse staffing committee shall: Consist of an equal number of hospital nurse managers and direct care staff; For the portion of the committee composed of direct care staff, consist entirely of direct care registered nurses, except for one position to be filled b…
441.763 Written nurse staffing plan
Each hospital shall implement a written hospital-wide nurse staffing plan that: Meets the requirements of this section and ORS 441.762, 441.764, 441.765, 441.766, 441.767 and 441.768; Includes any staffing-related terms and conditions that were previously adopted through any applicable collective bargaining agreement, including meal breaks and rest breaks,…
441.764 Annual review of nurse staffing plan
A hospital nurse staffing committee established pursuant to ORS 441.762 shall review the nurse staffing plan: At least once every year; and At any other date and time specified by either cochair of the committee. In reviewing a staffing plan, a hospital nurse staffing committee shall consider: Patient outcomes; Complaints regarding staffing, including c…
441.765 Staffing ratios for direct care registered nurses
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. With respect to direct care registered nurses, a nurse staffing plan must ensure that at all times: In an emergency department: A direct care registered nurse is assigned to not more than one trauma pat…
441.766 Exceptions to direct care registered nurse staffing ratios
Direct care registered nurse-to-patient staffing ratios under ORS 441.765 do not apply to the care of: Patients in intensive care or critical units in circumstances prescribed by the hospital nurse staffing committee; Emergency department patients who are in critical condition, until they are stable; Patients in swing beds, as defined by the Centers for M…
441.767 Staffing plans for psychiatric units
As used in this section, “psychiatric unit” includes: Inpatient psychiatric units; Psychiatric geriatric units; Psychiatric pediatric units; Emergency departments that provide psychiatric emergency service, as defined by the Oregon Health Authority by rule; and The Oregon State Hospital. A psychiatric unit shall create a multidisciplinary subcommittee …
441.768 Staffing ratios for certified nursing assistants
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. Note: See note under 441.761.
441.769 Modification of nurse staffing plan in case of emergency or epidemic
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. Notwithstanding ORS 441.761 to 441.795, a hospital is not required to follow a written hospital-wide staffing plan develop…
441.770 Need for replacement staff
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. When a hospital learns about the need for replacement staff, the hospital shall make every reasonable effort to obtain nursing staff for …
441.772 Leaving a patient care assignment
A registered nurse at a hospital may not place a patient at risk of harm by leaving a patient care assignment during an agreed upon shift or an agreed upon extended shift without authorization from the appropriate supervisory personnel. Note: See note under 441.761.
441.775 Hospital professional and technical staffing committee
For each hospital there shall be established a hospital professional and technical staffing committee. A hospital professional and technical staffing committee shall consist of an equal number of hospital professional and technical managers and professional and technical staff who work at the hospital. If the professional and technical staff who work at the…
441.776 Hospital service staffing committee
For each hospital there shall be established a hospital service staffing committee. A hospital service staffing committee shall consist of an equal number of service staff managers and service staff who work at the hospital. If the service staff who work at the hospital have an exclusive representative, the exclusive representative shall select the service …
441.777 Combining staffing committees
A hospital nurse staffing committee, a professional and technical staffing committee and a hospital service staffing committee may, by mutual agreement, combine two or more of the staffing committees into one committee if: The structures of the committees to be combined meet the requirements of ORS 441.762 and ORS 441.775 or 441.776, as applicable; and The…
441.778 Variances to staffing plan requirements
Upon request of a hospital, the Oregon Health Authority may grant a variance to the written hospital-wide staffing plan requirements described in ORS 441.761 to 441.795 if the variance is necessary to ensure that the hospital is staffed to meet the health care needs of patients. Note: See note under 441.761.
441.780 Hospital to maintain records
A hospital shall keep and maintain records necessary to demonstrate compliance with ORS 441.761 to 441.795. A hospital must provide records kept and maintained under this section to the Oregon Health Authority upon request. Note: See note under 441.761.
441.783 Information to be posted to Oregon Health Authority’s website
The Oregon Health Authority shall post on a website maintained by the authority: The hospital staffing plans received by the authority under ORS 441.761 to 441.795; Any report, described in ORS 441.791 (2)(d), made pursuant to an investigation of a complaint for which the authority issued a warning or imposed a civil penalty under ORS 441.792; Any order s…
441.785 Public notice
On each hospital unit, a hospital shall post a notice summarizing the provisions of ORS 441.761 to 441.795 in a place that is clearly visible to the public that includes a phone number for purposes of reporting a violation of the laws. Note: See note under 441.761. (Processing and Disposition of Complaints)
441.790 Process for filing complaint
As used in this section, “employee” and “exclusive representative” have the meanings given those terms in ORS 653.258. The Oregon Health Authority shall implement a process for an employee or an employee’s exclusive representative to file a complaint against a hospital under ORS 653.258 (2)(a) for missed meal periods and rest periods. The authority shall f…
441.791 Process for investigating and resolving complaints
As used in this section, “valid complaint” means a complaint containing an allegation that, if assumed to be true, is a violation listed in ORS 441.792. To ensure compliance with ORS 441.761 to 441.795, the Oregon Health Authority shall: Establish a method by which a hospital staff person or an exclusive representative of a hospital staff person may submit…
441.792 Disposition of complaints
Following the receipt of a complaint and completion of an investigation described in ORS 441.791, for a violation described in subsection (2) of this section, the Oregon Health Authority shall: Issue a warning for the first violation in a four-year period; Impose a civil penalty of $1,750 for the second violation of the same provision in a four-year period…
441.793 Penalties
The Oregon Health Authority shall impose civil penalties in the manner provided in ORS 183.745 for a violation listed in ORS 441.792. The authority may suspend or revoke the license of a hospital, in the manner provided in ORS 441.030, for a violation described in ORS 441.792. Each violation of a written hospital-wide staffing plan shall be considered a se…
441.795 Limitations on rulemaking authority of Oregon Health Authority
The Oregon Health Authority may adopt rules necessary to carry out ORS 441.761 to 441.795 only with respect to: The processing of complaints under ORS 441.791; The processing of complaints regarding meal breaks and rest breaks under ORS 441.790; The requirements for nurse-to-patient ratios in emergency departments under ORS 441.765 (2)(a); and The provis…
441.810 [Formerly 441.510; repealed by 1979 c.284 §199]repealed
No operative statutory text appears at this designation in the selected edition.
441.815 Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited; rules
As used in this section: “Hospital” has the meaning given that term in ORS 442.015. “Inhalant delivery system” has the meaning given that term in ORS 431A.175. The administrator or person in charge of a hospital may not permit a person to smoke tobacco or use an inhalant delivery system in a manner that creates an aerosol or vapor: In the hospital; or W…
441.816 Influenza vaccines for patients 65 years of age or older; rules
Subject to subsection (2) of this section, from October 1 through March 1 of each year, each hospital in this state shall make an offer to each patient of the hospital who is 65 years of age or older to immunize the patient against the influenza virus, provided that immunization against the influenza virus is not contraindicated for that patient. Offers mad…
441.820 Procedure for termination of physician’s privilege to practice medicine at health care facility; immunity from damage action for good faith report
When a health care facility restricts or terminates the privileges of a physician to practice medicine at that facility, it shall promptly report, in writing, to the Oregon Medical Board all the facts and circumstances that resulted in the restriction or termination. A health care facility which reports or provides information to the Oregon Medical Board un…
441.825 Authority of hospital to require medical staff to provide professional liability insurance
A governing body of a hospital licensed under ORS 441.015 to 441.119 and 441.993 may require all members of its medical staff to: Provide evidence of professional medical liability insurance in a reasonable amount as specified by the hospital governing board; Post a bond in lieu of evidence of professional medical liability insurance in a reasonable amount…
441.827 [1991 c.774 §§1,2; renumbered 676.300 in 2003]renumbered
No operative statutory text appears at this designation in the selected edition.
441.840 [1987 c.670 §1; repealed by 1989 c.800 §8]repealed
No operative statutory text appears at this designation in the selected edition.
441.990 Civil and criminal penalties
Violation of ORS 441.015 (1) is a Class B violation. Each day of continuing violation after a first conviction shall be considered a subsequent violation. Any person who willfully prevents, interferes with, or attempts to impede in any way the work of any duly authorized representative of the Department of Human Services in the lawful carrying out of the pr…
441.991 Civil penalty for violation of ORS 441.098
If the Health Licensing Office or the appropriate health professional regulatory board takes disciplinary action under ORS 441.099, the office or board may also impose a civil penalty of not more than $1,000 on a health practitioner for violating ORS 441.098 (2), (3), (4) or (5). Note: 441.991 was enacted into law by the Legislative Assembly but was not add…
441.992 Civil penalty for violation of ORS 441.048 or 441.049
In addition to any other penalty or remedy provided by law, the Oregon Health Authority may impose a civil penalty of up to $10,000 for each violation of ORS 441.048 or 441.049. Moneys received under this section shall be paid into the General Fund. Civil penalties shall be imposed as provided in ORS 183.745. Note: 441.992 was enacted into law by the Legi…
441.993 Civil penalties and administrative actions
A care facility that violates the provisions of ORS 441.111 to 441.119 and 441.993, or that employs a staff member who violates the provisions of ORS 441.111 to 441.119 and 441.993, shall be subject to civil penalties or other administrative action as may be provided under ORS 441.705 to 441.745 and rules adopted by the Department of Human Services. ORS 441.…
441.995 [1993 c.759 §10(3),(4),(5),(6); 2005 c.22 §299; 2009 c.837 §23; repealed by 2017 c.679 §46]repealed
No operative statutory text appears at this designation in the selected edition.