Section 441.697 – Prescribed drug supply for unscheduled therapeutic leave from long term care facility; dispensing of drugs by registered nurse.
(1) When a resident of a long term care facility has the opportunity for an unscheduled therapeutic leave that would be precluded by the lack of an available pharmacist to dispense drugs prescribed by a licensed practitioner, a registered nurse designated by the facility who agrees to such designation may provide the resident or a […]
Section 441.700 – Access to facilities by persons providing services.
(1) Long term care facilities, as defined in ORS 442.015, and residential care facilities, as defined in ORS 443.400, subject to ORS 441.605 (11), shall permit individuals and representatives of community service organizations, including community legal services programs, whose purpose is rendering service without charge to residents, to have full and free access to the […]
Section 441.703 – Complaint file; summary; availability on request.
(1) Except as provided in subsection (2) of this section, the Department of Human Services shall maintain a listing of all long term care facilities, as defined in ORS 442.015, by name and address and for each indicating: (a) The complaint file number. (b) The category of the complaint, whether staffing, food, patient care or […]
Section 441.705 – Definitions for ORS 441.705 to 441.745.
As used in ORS 441.705 to 441.745: (1) “Direct patient care or feeding” means any care provided directly to or for any patient related to that patient’s physical, medical and dietary well-being as defined by rules of: (a) The Department of Human Services when the facility is a long term care facility, as defined in […]
Section 441.710 – Civil penalties; when imposed.
(1)(a) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person pursuant to ORS 441.731 for any of the following: (A) Violation of any of the terms or conditions of a license issued under ORS 441.015 to 441.087, 441.525 to 441.595, […]
Section 441.712 – Notice of civil penalty.
(1) Any civil penalty under ORS 441.710 shall be imposed in the manner provided by ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before: (a) The Director of […]
Section 441.715 – Criteria for civil penalties; rules.
(1) The Director of Human Services shall impose civil penalties under ORS 441.710 (1) on a residential care facility or a long term care facility pursuant to ORS 441.731. (2) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS […]
Section 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. [1975 c.328 §3; 1987 c.428 §39; 2009 c.595 §742] Note: See note under 441.705.
Section 441.726 – Progressive enforcement process.
(1) In regulating residential care facilities and long term care facilities, the Department of Human Services shall prioritize the health, welfare, safety and rights of residents. (2) The department may, as appropriate, use a progressive enforcement process that employs a series of actions to encourage and compel compliance with licensing regulations through the application of […]
Section 441.731 – Civil penalties.
(1) The Director of Human Services may impose a civil penalty under ORS 441.710 on a residential care facility or a long term care facility pursuant to this section. (2)(a) When imposing a civil penalty on a residential care facility or a long term care facility pursuant to this section, the director shall consider: (A) […]