Section 441.678 – Review of finding that nursing assistant responsible for abuse; name placed in registry.
(1) If a nursing assistant found by the Department of Human Services to be responsible for abuse does not respond to the department within 30 days after notice of the opportunity for a contested case hearing, the department shall place the abuse finding in the registry maintained under this section. (2) If a nursing assistant […]
Section 441.736 – License conditions.
(1) As used in this section: (a) “Immediate jeopardy” means a situation in which the failure of a residential care facility or a long term care facility to comply with a rule of the Department of Human Services has caused or is likely to cause serious injury, serious harm, serious impairment or death to a […]
Section 441.679 – Preemployment inquiries; when employment prohibited.
(1) Before employing a registered nurse, licensed practical nurse or nursing assistant, a long term care facility shall contact the Oregon State Board of Nursing and inquire whether the person is currently licensed or certified by the board and whether there has been any disciplinary action against the person or substantiated abuse findings against a […]
Section 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. [1975 c.328 §7] Note: See note under 441.705.
Section 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. [1979 […]
Section 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. Note: Sections 2 and 6, chapter 616, Oregon Laws 2021, provide: Sec. 2. (1) As used in this section: (a) “Emergency […]
Section 441.685 – Monitors; designation; duties; peer review of facilities.
(1) Upon receipt of a report under ORS 441.645 to 441.680 or upon receipt of a complaint by a resident or legal guardian of a resident, or other public or private official, as defined in ORS 441.630 by the Department of Human Services, the Director of Human Services may designate monitors who shall observe the […]
Section 441.750 – Suicide attempts by minors; referral; report; disclosure of information; limitation of liability.
(1) Any hospital which treats as a patient a person under 18 years of age because the person has attempted to commit suicide: (a) Shall cause that person to be provided with information and referral to inpatient or outpatient community resources, crisis intervention or other appropriate intervention by the patient’s attending physician, hospital social work […]
Section 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 […]
Section 441.645 – Oral report to area agency on aging, department or law enforcement agency.
(1) An oral report shall be made immediately by telephone or otherwise to the local office of the area agency on aging or of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall […]