Oregon Law
Law as of Jan 1, 2024
Chapter contents
443.001Quality Care Fund; rules 443.002Providers with multiple facilities 443.004Criminal records check required for employees and volunteers providing direct care; exceptions; rules 443.005[1977 c.738 §1; 1979 c.209 §1; 1981 c.415 §1; 2003 c.57 §1; 2009 c.595 §769; 2009 c.792 §14; 2011 c.70 §10; 2015 c.736 §90; renumbered 443.014 in 2015] 443.006Criminal background check registry; rules 443.007Disqualification of individuals found to have committed abuse; rules 443.008Fitness determinations; rules 443.010[Amended by 1963 c.164 §1; repealed by 1969 c.641 §19] 443.011Training requirements for in-home care service providers; rules 443.012Disease outbreak and infection control training and protocols; rules 443.013Complaint procedures; disclosure of information obtained during investigation; rules 443.014Definitions for ORS 443.014 to 443.105 443.015License required; renewal, transferability of license 443.019Requirement for in-person site inspection 443.020[Amended by 1957 c.697 §4; 1961 c.316 §10; 1967 c.89 §6; repealed by 1969 c.641 §19] 443.025Hospitals exempt from certain requirements if standards are met 443.030[Repealed by 1969 c.641 §19] 443.035License fees; renewal; disposition of funds 443.040[Repealed by 1969 c.641 §19] 443.045Denial, suspension and revocation of licenses; penalties 443.050[Repealed by 1969 c.641 §19] 443.055Governing body of home health agencies 443.060[Amended by 1963 c.164 §2; repealed by 1969 c.641 §19] 443.065General requirements for home health agencies 443.075Services and supplies prescribed by physician, naturopathic physician, physician assistant or nurse practitioner 443.085Home health services; rules 443.090Exemption from in-home care agency licensing requirements 443.095Applicability of laws to domestic service 443.100License required for caregiver registry 443.105Caregiver registries; rules 443.205Definitions for ORS 443.215 and 443.225 443.210[1953 c.659 §1; 1965 c.230 §1; 1973 c.285 §8; repealed by 1977 c.717 §23] 443.215Policy 443.220[1953 c.659 §2; 1971 c.650 §21; 1973 c.285 §9; repealed by 1977 c.717 §23] 443.225Location and capacity of domiciliary care facilities 443.230[1953 c.659 §3; 1973 c.285 §10; repealed by 1977 c.717 §23] 443.240[1953 c.659 §§4,5; 1973 c.285 §11; repealed by 1977 c.717 §23] 443.250[1953 c.659 §6; 1961 c.316 §11; 1967 c.89 §7; 1973 c.285 §12; repealed by 1977 c.717 §23] 443.260[1953 c.659 §7; 1961 c.316 §12; 1967 c.89 §8; 1973 c.285 §13; repealed by 1977 c.717 §23] 443.270[1953 c.659 §8; repealed by 1973 c.285 §19] 443.280[1953 c.659 §9; 1973 c.285 §14; repealed by 1977 c.717 §23] 443.290[1953 c.659 §10; 1973 c.285 §15; repealed by 1977 c.717 §23] 443.300[1953 c.659 §11; 1973 c.285 §16; repealed by 1977 c.717 §23] 443.305Definitions for ORS 443.305 to 443.350 443.310[1953 c.659 §12; 1973 c.285 §17; repealed by 1977 c.717 §23] 443.315License required; application; rules; fees 443.320[1953 c.659 §13; repealed by 1971 c.734 §21] 443.325Grounds for denial, suspension or revocation of license; penalties 443.327Injunctive relief; attorney fees and costs; notice to clients 443.330[1953 c.659 §15; 1973 c.285 §18; repealed by 1977 c.717 §23] 443.335[1971 c.734 §60; repealed by 1977 c.717 §23] 443.340Rules 443.345Disposition of moneys 443.350Applicability 443.355[2009 c.792 §19; 2009 c.792 §67; 2011 c.70 §17; 2023 c.199 §2; renumbered 443.013 in 2023] 443.370Definitions for ORS 443.370 to 443.376 443.373Registration to provide long term care referrals; rules; fee 443.376Duties of referral agents; violation as unlawful practice 443.378Housing with services projects 443.380Definitions for ORS 443.380 to 443.394 443.382Residential Facilities Ombudsman; duties 443.384Agencies to provide information and support 443.386Designees of ombudsman; training; contract 443.388Authority of ombudsman and designees; confidentiality agreements 443.390Complaints 443.392Notice of complaint procedures; posting requirement 443.394Procedures to maintain confidentiality 443.396Gifts, grants and donations 443.400Definitions for ORS 443.400 to 443.455 443.405Exclusions from definition of “residential facility.” 443.410Single license required 443.415License applications; fee; investigations; grounds for issuance and denial of license 443.416Inspection of facilities 443.417Annual kitchen inspection; fees 443.419License revocations, suspensions or conditions; rules 443.420Qualifications for license 443.421Revocation and suspension of licenses; procedure 443.422Siting of licensed residential facilities 443.424Expansion of capacity of residential care facilities and adult foster homes; reports to Legislative Assembly 443.425License term; contents; renewal; fee 443.430Transferability of license; disposition of license fees 443.431Conversion facilities; fee; rules 443.432Acuity-based staffing tool 443.433Direct care staff training in dementia care; rules 443.434Staffing data 443.435[1977 c.717 §11; 2005 c.22 §309; 2009 c.595 §785; renumbered 443.416 in 2019] 443.436Enhanced oversight and supervision program 443.437[1983 c.328 §4; 2007 c.71 §133; renumbered 443.448 in 2021] 443.438[2017 c.679 §27; renumbered 443.449 in 2021] 443.439Increases in compensation of direct support professionals; legislative intent 443.440[1977 c.717 §12; 2005 c.22 §310; 2009 c.595 §786; 2009 c.828 §32; 2017 c.679 §26; renumbered 443.421 in 2019] 443.441Assessment of sufficient numbers of direct care staff; complaint investigations 443.443Information provided upon application for admission 443.444Information provided upon admission 443.445Persons admissible at facilities and homes; transfer of persons requiring certain treatment; operation of facilities by persons relying on spiritual means for healing 443.446Residential Care Quality Measurement Program 443.447Quality Measurement Council 443.448Choice of prescription and nonprescription drugs and supplies 443.449Prescription drug packaging 443.450Rules 443.452Waiver procedure 443.453Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited 443.454Provision of opioid overdose reversal medication upon discharge, release or transfer of resident from facility where resident received addiction treatment 443.455Civil penalties; rules 443.460Exemptions 443.465Secure residential treatment homes and facilities; rules 443.475[1977 c.284 §2; repealed by 1983 c.47 §3] 443.480Definitions for ORS 443.480 to 443.500 443.485Registration required; fee; rules; civil penalty; grounds for suspension or revocation of registration 443.490Waiver of registration 443.495Exemptions 443.500Investigation of registered facilities; access to facilities 443.510[1981 c.427 §1; 1989 c.224 §98; repealed by 1989 c.564 §12] 443.515Training requirements for certification of home or community-based services caregivers; employer verification required; rules 443.517Online home or community-based services caregiver registry 443.520[1981 c.427 §2; 1989 c.224 §99; repealed by 1989 c.564 §12] 443.530[1981 c.427 §3; repealed by 1989 c.564 §12] 443.540[1981 c.427 §4; repealed by 1989 c.564 §12] 443.550[1981 c.427 §5; repealed by 1989 c.564 §12] 443.580[1983 c.293 §1; 1989 c.224 §100; repealed by 1989 c.564 §12] 443.590[1983 c.293 §2; 1989 c.224 §101; repealed by 1989 c.564 §12] 443.600[1983 c.293 §3; 1985 c.544 §1; repealed by 1989 c.564 §12] 443.610[1987 c.351 §1; 1989 c.224 §102; repealed by 1989 c.564 §12] 443.620[1987 c.351 §2; repealed by 1989 c.564 §12] 443.630[1987 c.351 §3; repealed by 1989 c.564 §12] 443.640[1987 c.351 §4; repealed by 1989 c.564 §12] 443.705Definitions for ORS 443.705 to 443.825 443.715Exclusions from definition of “adult foster home.” 443.720Findings of Legislative Assembly 443.725License required; on-site provider required; exception; rules 443.730Information regarding substitute caregivers required; standards; educational requirements; rules 443.733Collective bargaining 443.734Adult foster home license classifications; rules 443.735Issuance of license; fee; standards; renewal; burden of proof; rules 443.738Educational standards for providers, managers and caregivers; rules; exception; duties of providers 443.739Rights of residents 443.740Information on licensed adult foster homes; availability; content 443.742Annual continuing education requirements; rules 443.743Training in dementia care 443.745Denial, suspension or revocation; conditional license; review 443.755Entry and inspection of homes; access to residents; inspection report; fire inspection 443.760Application of single family dwelling code requirements to home; rules; evacuation requirement; lease rate 443.762Information provided upon admission 443.765Complaint procedure; retaliation prohibited; notice of rates and rules; liability for complaints 443.766Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited 443.767Investigation of complaint; rules 443.769Public disclosure of investigatory information 443.775Rules; level of care; exception to limit on residents with nursing care needs; reports on exceptions; provider duties; enforcement; civil penalties 443.777Prescription drug packaging 443.780Exemption where county has licensing and inspection program 443.785Admission of Medicaid recipients 443.790Authority to impose civil penalty; factors to be considered; rules 443.795Civil penalty; notice; hearing 443.805[1987 c.431 §7; repealed by 1991 c.734 §122] 443.815Judicial review of penalties 443.825Disposition of penalties recovered 443.830Definitions for ORS 443.830 and 443.835 443.835Certificate required; rules 443.836Department of Human Services approval required for parent or guardian of resident to attend resident or for residents 18 to 26 years of age to continue to reside in developmental disability child foster home; rules 443.850Definitions for ORS 443.850 to 443.869 443.860License required; rules; fees 443.861Moneys to be deposited to Public Health Account 443.864Suspension, revocation or denial of license 443.865[1993 c.110 §2; 2009 c.595 §792; repealed by 2009 c.793 §7] 443.867In-home care agency license not required for licensed hospice program to provide palliative care 443.869Civil penalties 443.870[1987 c.398 §4; 1993 c.110 §4; 2007 c.474 §3; 2009 c.595 §793; repealed by 2009 c.793 §7] 443.875Notice of substantiated abuse 443.878Psychotropic medications; rules 443.880Responsibilities of residential facility regarding property of resident 443.881Transfer of property; undue influence 443.885[1991 c.416 §1; 2003 c.14 §265; repealed by 2017 c.679 §46] 443.886Memory care endorsement required; standards; fees; rules 443.887Definitions 443.888[1999 c.476 §4; 2005 c.688 §6; renumbered 443.895 in 2021] 443.889Use of acuity-based staffing tool; assessment of staffing levels; fines, penalties or conditions; rules 443.895Exemption from ad valorem property taxation for certain facilities; certification 443.990[Subsection (2) enacted as 1953 c.659 §14; 1969 c.641 §17; repealed by 1977 c.717 §23] 443.991Penalties

Chapter 443 — Residential Care; Adult Foster Homes; Hospice Programs

ORS 443.008 Fitness determinations; rules

(1)

As used in this section:

(a)

“Direct care services” means services provided to clients of the Department of Human Services or the Oregon Health Authority by:

(A)

An adult foster home, as defined in

ORS 443.705;

(B)

A home care worker, as defined in

ORS 410.600;

(C)

A residential facility, as defined in ORS 443.400; or

(D)

A service provider as defined in ORS 427.101.

(b)

“Fitness determination” means the evaluation of whether a subject individual or other individual providing direct care services is fit to hold a position, provide direct care services or be granted a license, certification, registration or permit to provide direct care services.

(c)

“Qualified entity” has the meaning given that term in ORS 181A.190.

(d)

“Subject individual” means a person who is:

(A)

Employed by or who seeks to be employed by the authority or the department;

(B)

A volunteer or who seeks to be a volunteer to provide care on behalf of the authority or the department; or

(C)

Providing care or who seeks to provide care on behalf of the authority or the department.

(2)

The department and the authority shall prescribe by rule the criteria to be considered in making fitness determination findings of abuse that are substantiated. The criteria must include the types of substantiated abuse for which a subject individual may be found to be unfit and conditions, if any, for the reinstatement of a subject individual who is found to be unfit.

(3)

A subject individual who is found to be unfit is entitled to challenge the fitness determination in a contested case hearing conducted in accordance with ORS chapter 183. The subject individual may not challenge a finding of substantiated abuse or criminal conviction that was the basis for the fitness determination but may contest the weight accorded the evidence, mitigating factors or other aspects of the evaluation. The individual may be represented by an attorney or other person or, if the individual is a member of a bargaining unit, by the certified or recognized exclusive representative for the bargaining unit.

(4)

This section applies to fitness determinations for providers of direct care services conducted under ORS 181A.195 (10) or 443.004 (7).

Note: See second note under 443.001.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.