Oregon Statutes - Chapter 441 - Health Care Facilities

441.005 [Amended by 1971 c.730 §1; 1973 c.840 §1; repealed by 1977 c.751 §57]
441.007 [1973 c.840 §2; repealed by 1977 c.751 §39]
441.010 [Amended by 1971 c.730 §3; 1973 c.840 §3; 1977 c.751 §18; renumbered 442.300]
441.015 Licensing of facilities and health maintenance organizations; compliance with rules and standards.
(1) No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, maintain, manage or operate a...
441.017 Exclusions from licensing requirements for health care facilities.
For purposes of licensing health care facilities, health care facility, as defined in ORS 442.015, does not include: (1) Facilities established by ORS 430.306 to...
441.020 Application; fees.
(1) Licenses for health care facilities including long term care facilities, as defined in ORS 442.015, shall be obtained from the Department of Human Services....
441.022 Factors to be considered in licensing.
In determining whether to license a health care facility pursuant to ORS 441.025, the Department of Human Services shall consider only factors relating to the...
441.025 License issuance; rules; renewal; disclosure; transfer; posting.
(1) Upon receipt of an application and the license fee, the Department of Human Services shall issue a license if it finds that the applicant...
441.030 Denial, suspension or revocation of licenses; restrictions on admission.
(1) The Department of Human Services, pursuant to ORS 479.215, shall deny, suspend or revoke a license in any case where the State Fire Marshal,...
441.035 [Amended by 1959 c.222 §2; 1959 c.466 §1; 1971 c.730 §9; repealed by 1971 c.734 §21]
441.037 Hearings; procedures; judicial review.
(1) When the Department of Human Services proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity...
441.040 [Amended by 1959 c.222 §3; 1971 c.730 §10; repealed by 1971 c.734 §21]
441.045 [Amended by 1959 c.222 §4; 1959 c.466 §2; 1971 c.730 §11; repealed by 1971 c.734 §21]
441.050 Additional remedies.
Notwithstanding the existence and pursuit of any other remedy, the Department of Human Services may, in the manner provided by law, maintain an action in...
441.055 Rules; evidence of compliance; health care facilities to ensure compliance; medical staff bylaws; peer review; procedure.
(1) The Department of Human Services shall adopt such rules with respect to the different types of health care facilities as may be designed to...
441.057 Rules concerning complaints about care; reporting by employee.
(1) Rules adopted by the Department of Human Services pursuant to ORS 441.055 shall include procedures for the filing of complaints as to the standard...
441.058 [1977 c.532 §2; 1979 c.168 §1; repealed by 1983 c.781 §8]
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...
441.060 Inspections; approval of plans and specifications; rules; fees.
(1) The Department of Human Services shall make or cause to be made such inspections as it may deem necessary. (2) The Department of Human...
441.061 Delegation of health inspections to local governmental agencies; financial assistance.
(1) Upon agreement, the Director of Human Services may grant specific authorization to any county or district board of health to administer and enforce any...
441.062 Coordination of inspections; rules.
(1) In conducting inspections for the purpose of licensing health care facilities under ORS 441.020, the Department of Human Services shall avoid unnecessary facility disruption...
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 duly licensed podiatric physicians and surgeons subject to rules...
441.064 Use of facilities by licensed nurse practitioners; rules regarding admissions and privileges.
(1) The rules of any hospital in this state may grant admitting privileges to nurse practitioners licensed and certified under ORS 678.375 for purposes of...
441.065 Exemption of certain religious institutions.
(1) ORS 441.015 to 441.063, 441.085, 441.087 or the rules adopted pursuant thereto do not authorize the supervision, regulation or control of the remedial care...
441.067 Inspection reports, complaint procedures and rules; posting.
(1) The Department of Human Services shall provide to each licensed long term care facility in the state in writing in clear concise language readily...
441.070 [Amended by 1959 c.222 §5; repealed by 1971 c.730 §25]
441.073 Rules regarding staff ratio in long term care facilities; variances; posting.
(1) The Department of Human Services shall adopt rules specifying maximum number of patients per nursing assistant per shift in long term care facilities. (2)...
441.075 [Amended by 1969 c.314 §44; repealed by 1971 c.730 §25]
441.077 Revocation of license and other penalties for imposing restrictions upon certain physicians; construction of section.
(1) If the governing body of a health care facility or health maintenance organization excludes or expels a person licensed under ORS chapter 677 from...
441.079 Eye, organ and tissue transplants.
(1) As used in this section and ORS 441.082: (a) �Entity� means an individual, corporation, business trust, partnership, limited liability company, association, joint venture or...
441.080 [Repealed by 1971 c.730 §25]
441.081 [1979 c.680 §2; repealed by 1981 c.784 §38]
441.082 Registration of organ procurement organization, tissue bank and eye bank; rules; penalties.
(1) The Department of Human Services shall adopt by rule standards and a system of registration for every organ procurement organization, tissue bank and eye...
441.083 Drug information to be provided patients of long term and intermediate care facilities.
(1) 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...
441.084 Choice of patient on suppliers of drugs and supplies.
(1) As used in this section, �supplier� includes an authorized representative of the patient who purchases nonprescriptive medication or nonprescriptive sickroom supplies at retail. (2)...
441.085 Rules establishing licensing classifications; use of descriptive titles limited.
(1) The Department of Human Services may by rule establish classifications and descriptions for the various types of health care facilities that are licensed under...
441.087 General inspection of long term care facility.
(1) The Department of Human Services shall, in addition to any inspections conducted pursuant to complaints filed against long term care facilities, conduct at least...
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...
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]
441.092 [1975 c.485 §4; 1977 c.751 §29; renumbered 442.330]
441.094 Denial of emergency medical services because of inability to pay prohibited.
(1) No officer or employee of a hospital licensed by the Department of Human Services that has an emergency department may deny to a person...
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]
441.096 Identification badges.
(1) A health care practitioner working at a health care facility and providing direct care to a patient shall wear an identification badge indicating the...
441.097 [1987 c.428 §2c; repealed by 2001 c.900 §261]
441.100 Definitions.
(1) �Administrative action� means any action or decision made by an owner, employee or agent of a long term care facility or by a public...
441.103 Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications.
(1) The office of the Long Term Care Ombudsman is established. The Long Term Care Ombudsman shall function separately and independently from any other state...
441.105 [Amended by 1955 c.464 §1; 1965 c.308 §1; repealed by 1971 c.730 §25]
441.107 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...
441.109 Duties of ombudsman; rules.
The office of the Long Term Care Ombudsman shall carry out the following duties: (1) Investigate and resolve complaints made by or for residents of...
441.110 [Amended by 1955 c.464 §2; 1965 c.308 §2; repealed by 1971 c.730 §25]
441.113 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...
441.115 [Amended by 1965 c.308 §3; 1969 c.314 §45; repealed by 1971 c.730 §25]
441.117 Right of entry into facilities and access to records.
(1) The Long Term Care Ombudsman and each designee shall have the right of entry into long term care facilities at any time considered necessary...
441.120 [Repealed by 1971 c.730 §25]
441.121 Report after investigation; referral to other agencies.
Following an investigation, the ombudsman or the designee shall report opinions or recommendations to the party or parties affected thereby and shall attempt to resolve...
441.124 Notice of complaint procedures; posting.
(1) The Long Term Care Ombudsman shall prepare and distribute to each long term care facility in this state a written notice describing the procedures...
441.125 [Amended by 1955 c.464 §3; 1971 c.730 §18; repealed by 1977 c.751 §39]
441.127 Immunity of employees.
(1) Any employee or agent of the long term care facility acting in good faith in discussing patient care pursuant to ORS 441.117 shall have...
441.130 [Amended by 1955 c.464 §4; 1971 c.730 §19; repealed by 1977 c.751 §39]
441.131 Appointment of designees; qualifications; duties.
(1) The appointments of designees shall be made in consultation with a local screening committee which may consist of but not be limited to persons...
441.133 Effect of ORS 441.100 to 441.153 on right to visitors.
Nothing in ORS 441.100 to 441.153 shall affect the right of residents of a long term care facility to see visitors of their choice. [1981...
441.135 [Amended by 1955 c.464 §5; 1965 c.308 §4; 1971 c.730 §20; repealed by 1977 c.751 §39]
441.137 Long Term Care Advisory Committee; appointment; confirmation; term; qualifications.
(1) There is established a Long Term Care Advisory Committee of seven members to be appointed in the following manner: (a) One person appointed by...
441.140 [Amended by 1955 c.464 §6; 1971 c.730 §21; 1977 c.751 §31; renumbered 442.350]
441.142 Duties.
The Long Term Care Advisory Committee shall: (1) Monitor the Long Term Care Ombudsman Program. (2) Advise the Governor and the Legislative Assembly on the...
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]
441.146 Appeal to Long Term Care Advisory Committee.
(1) A long term care facility that files a complaint against a designee appointed under ORS 441.131 and objects to the action of the Long...
441.147 Officers; quorum; meetings; expenses.
(1) The Long Term Care Advisory Committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with...
441.150 [Amended by 1971 c.730 §23; repealed by 1977 c.751 §39]
441.153 Long Term Care Ombudsman Account.
The Long Term Care Ombudsman Account is established separate and distinct from the General Fund. All miscellaneous receipts, gifts and federal and other grants received...
441.160 Definition for ORS 441.162 to 441.170.
As used in ORS 441.162 to 441.170, �hospital� includes a hospital as described in ORS 442.015 and an acute inpatient care facility as defined in...
441.162 Written staffing plan for nursing services.
(1) A hospital shall be responsible for the implementation of a written hospital-wide staffing plan for nursing services. The staffing plan shall be developed, monitored,...
441.164 Variances in staffing plan requirements.
Upon request of a hospital, the Department of Human Services may grant variances in the written staffing plan requirements based on patient care needs or...
441.166 Need for replacement staff.
(1) When a hospital learns about the need for replacement staff, the hospital shall make every reasonable effort to obtain registered nurses, licensed practical nurses...
441.168 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...
441.170 Civil penalties; suspension or revocation of license; rules; records; compliance audits.
(1) The Department of Human Services may impose civil penalties in the manner provided in ORS 183.745 or suspend or revoke a license of a...
441.172 Definitions for ORS 441.172 to 441.182.
As used in ORS 441.172 to 441.182: (1) �Affiliated hospital� means a hospital that has a business relationship with another hospital. (2) �Hospital� means: (a)...
441.174 Retaliation prohibited.
(1) A hospital may not take retaliatory action against a nursing staff because the nursing staff: (a) Discloses or intends to disclose to a manager,...
441.176 Remedies for retaliation.
(1) A nursing staff aggrieved by an act prohibited by ORS 441.174 may bring an action in circuit court of the county in which the...
441.178 Unlawful employment practices; civil action for retaliation.
(1) A hospital that takes any retaliatory action described in ORS 441.174 against a nursing staff commits an unlawful employment practice. (2) A nursing staff...
441.180 Hospital posting of notice.
(1) A hospital shall post a notice summarizing the provisions of ORS 441.162, 441.166, 441.168, 441.174, 441.176, 441.178 and 441.192 in a conspicuous place on...
441.182 Rights, privileges or remedies of nursing staff.
(1) Except as provided in subsection (2) of this section, nothing in ORS 441.176 and 441.178 shall be deemed to diminish any rights, privileges or...
441.192 Notice of employment outside of hospital.
(1) A hospital, as defined in ORS 441.172, may require a registered nurse who is receiving full employment benefits from the hospital to provide notice...
441.195 [1957 s.s. c.13 §1; renumbered 440.305]
441.200 [1951 s.s. c.13 §2; renumbered 440.310]
441.205 [Amended by 1969 c.343 §1; renumbered 440.315]
441.210 [Amended by 1969 c.343 §2; 1971 c.727 §114; renumbered 440.320]
441.215 [Repealed by 1957 s.s. c.13 §4 (441.216 enacted in lieu of 441.215)]
441.216 [1957 s.s. c.13 §5 (enacted in lieu of 441.215); 1969 c.343 §3; repealed by 1971 c.727 §203]
441.220 [Amended by 1969 c.343 §4; repealed by 1971 c.727 §203]
441.225 [Repealed by 1971 c.727 §203]
441.227 [1965 c.403 §2; 1969 c.343 §5; repealed by 1971 c.727 §203]
441.230 [Amended by 1965 c.403 §3; 1969 c.343 §6; repealed by 1971 c.727 §203]
441.235 [Amended by 1969 c.343 §7; repealed by 1971 c.647 §149 and 1971 c.727 §203]
441.240 [Amended by 1959 c.69 §1; repealed by 1971 c.647 §149]
441.245 [Repealed by 1957 s.s. c.13 §8]
441.250 [Repealed by 1971 c.647 §149]
441.255 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]
441.260 [Amended by 1969 c.343 §8; repealed by 1971 c.727 §203]
441.265 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]
441.270 [Amended by 1969 c.343 §9; repealed by 1971 c.727 §203]
441.275 [Amended by 1969 c.343 §10; repealed by 1971 c.727 §203]
441.277 Definitions for ORS 441.277 to 441.323.
As used in ORS 441.277 to 441.323: (1) �Department� means the Department of Human Services. (2) �Director� means the Director of Human Services. (3) �Facility�...
441.280 [Amended by 1969 c.343 §11; 1971 c.727 §117; renumbered 440.325]
441.281 Petition for appointment of trustee; hearing; order.
(1) The Director of Human Services may petition the circuit court for the county in which a facility is located for an order appointing a...
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]
441.286 Grounds for appointment of trustee.
The grounds for the appointment of a trustee shall be that the health and welfare of patients in a facility are now or in the...
441.289 Powers and duties of trustee.
A trustee appointed under ORS 441.286: (1) May exercise any powers and shall perform any duties required by the court. (2) Shall operate the facility...
441.290 [Renumbered 440.335]
441.293 Liability to trustee for goods and services after notice; effect of nonpayment.
(1) 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...
441.295 [Amended by 1969 c.343 §§13,27; 1969 c.344 §6; 1971 c.403 §7; renumbered 440.340]
441.296 Liability for rent or contracts.
(1) A trustee is not required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the person...
441.300 [Amended by 1969 c.343 §14; repealed by 1969 c.343 §29 and 1969 c.345 §20]
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...
441.303 Fees from facilities in addition to license fee; use of fees.
(1) To establish and maintain a fund to meet expenses of a trustee if moneys collected under ORS 441.289 and 441.293 are insufficient, the Department...
441.305 [Amended by 1969 c.343 §15; 1971 c.647 §79; renumbered 440.350]
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...
441.307 [1957 s.s. c.13 §7; 1969 c.343 §16; repealed by 1971 c.647 §149]
441.308 [Repealed by 1957 s.s. c.13 §8]
441.309 Trustee as public employee.
(1) 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...
441.310 [Amended by 1959 c.616 §1; 1969 c.343 §17; repealed by 1971 c.647 §149]
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...
441.315 [Amended by 1971 c.647 §80; renumbered 440.355]
441.316 Termination of trust; extension; license revocation.
(1) The court may terminate a trust if the time period specified in the order appointing the trustee lapses or if the patients in the...
441.318 Trustee accounting; lien.
(1) Within 60 days following the creation of the trust by the court, and every 60 days thereafter, and within 30 days after the termination...
441.320 [Amended by 1967 c.37 §1; 1967 c.353 §1; 1971 c.89 §1; 1971 c.727 §118; renumbered 440.360]
441.323 Effect of trust on prior obligations or civil or criminal liabilities.
(1) Nothing in ORS 441.277 to 441.323 is intended: (a) To relieve any person or body legally responsible for the facility placed in trust of...
441.325 [Renumbered 440.365]
441.330 [Renumbered 440.370]
441.335 [Amended by 1963 c.9 §25; 1969 c.343 §18; renumbered 440.375]
441.340 [Repealed by 1971 c.647 §149]
441.345 [Amended by 1969 c.2 §1; 1969 c.343 §19; 1969 c.694 §7; 1971 c.36 §4; renumbered 440.380]
441.350 [Amended by 1969 c.343 §20; renumbered 440.385]
441.355 [Renumbered 440.390]
441.357 Definitions for ORS 441.357 to 441.367.
As used in ORS 441.357 to 441.367: (1) �Informed written consent� means voluntary consent in writing given after receipt and understanding of a written statement...
441.360 [Amended by 1963 c.9 §26; 1969 c.694 §8; renumbered 440.395]
441.362 Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent.
(1) The Department of Human Services shall not move any resident from a long term care facility or terminate payment for a resident of a...
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]
441.367 Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty.
(1) 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...
441.370 [Amended by 1969 c.343 §21; renumbered 440.405]
441.375 [Amended by 1973 c.284 §4; renumbered 440.410]
441.380 [Amended by 1969 c.343 §22; repealed by 1971 c.727 §203]
441.385 [Amended by 1969 c.343 §23; repealed by 1971 c.727 §203]
441.390 [Amended by 1969 c.343 §24; repealed by 1971 c.727 §203]
441.395 [Subsection (2) enacted as 1957 c.584 §1; repealed by 1969 c.343 §30]
441.400 [Amended by 1969 c.343 §25; repealed by 1971 c.727 §203]
441.405 [Amended by 1969 c.343 §26; repealed by 1971 c.727 §203]
441.410 [Repealed by 1971 c.727 §203]
441.415 [1973 c.837 §2; 1977 c.751 §40; renumbered 442.400]
441.420 [1973 c.837 §1; 1977 c.751 §41; renumbered 442.405]
441.425 [1973 c.837 §3; repealed by 1977 c.751 §57]
441.430 [1973 c.837 §4; repealed by 1977 c.751 §57]
441.435 [1973 c.837 §6; 1977 c.751 §42; renumbered 442.420]
441.440 [1973 c.837 §7; renumbered 442.425]
441.445 [1973 c.837 §8; renumbered 442.430]
441.460 [1973 c.837 §9; 1977 c.751 §43; renumbered 442.435]
441.465 [1973 c.837 §10; renumbered 442.440]
441.470 [1973 c.837 §11; repealed by 1977 c.751 §57]
441.475 [1973 c.837 §5; repealed by 1977 c.751 §57]
441.480 [1973 c.837 §12; renumbered 442.445]
441.505 [Subsection (2) enacted as 1957 c.584 §2; 1967 c.498 §5; renumbered 440.505]
441.510 [Renumbered 441.810]
441.515 [1971 c.166 §1; renumbered 441.815]
441.525 Definitions for ORS 441.525 to 441.595.
As used in ORS 441.525 to 441.595, unless the context requires otherwise: (1) �Adult congregate living facility� means any institution, building or buildings, residential facility...
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...
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...
441.535 Procedure to create public authority.
(1) A governing body may upon its own motion, and shall upon the written request of any three or more natural persons, consider whether it...
441.540 Board of directors; rules; conflict of interest; quorum; personnel.
(1) An authority shall be managed and controlled by a board of directors, who shall be appointed by the governing body. The directors may be...
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. [1973 c.153 §5]
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...
441.555 Issuance of revenue obligations; nature of obligation; refunding.
(1) To accomplish its purposes, an authority shall have the power to issue revenue obligations payable from the revenues derived by it from repayment of...
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...
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...
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...
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...
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,...
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...
441.590 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....
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...
441.600 Definitions for ORS 441.600 to 441.625.
As used in ORS 441.600 to 441.625 unless the context requires otherwise: (1) �Department� means the Department of Human Services. (2) �Facility� means a long...
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: (1) Fully informed...
441.610 Nursing home patients� bill of rights; rules.
(1) 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...
441.612 Additional rights; rules.
(1) The Department of Human Services shall adopt a bill of rights for residents and patients of long term care facilities, as defined in ORS...
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: (1) To...
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...
441.623 [1987 c.428 §1; repealed by 2001 c.900 §261]
441.624 Purpose.
(1) ORS 124.050, 124.080, 410.190, 441.020 to 441.057, 441.060, 441.061, 441.067, 441.073, 441.085, 441.087, 441.277 to 441.289, 441.303, 441.316, 441.318, 441.367, 441.600, 441.610, 441.630, 441.650...
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,...
441.630 Definitions for ORS 441.630 to 441.680 and 441.995.
As used in ORS 441.630 to 441.680 and 441.995: (1) �Abuse� means: (a) Any physical injury to a resident of a long term care facility...
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...
441.637 Rules; submission of rules to advisory group.
(1) The Department of Human Services shall implement the provisions of ORS 441.630 to 441.680 and 441.995 and shall adopt such rules as are reasonably...
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...
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...
441.650 Investigation of abuse complaint; initial status report; content; distribution of report; duties of investigator; investigation report.
(1) 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...
441.655 Immunity provided reporter of abuse.
(1) 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...
441.660 Photographing resident; photograph as record.
(1) 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...
441.665 Record of reports; classification of investigation report.
(1) 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...
441.670 [1979 c.770 §9; repealed by 1981 c.470 §1 (441.671 enacted in lieu of 441.670)]
441.671 Confidentiality of reports; when available.
(1) Notwithstanding the provisions of ORS 192.410 to 192.505, the names of complainants and residents compiled under the provisions of ORS 441.640 to 441.660 are...
441.675 Certain 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...
441.676 Investigation of licensing violations; powers of investigator.
(1) For complaints of licensing violations other than abuse, the Department of Human Services shall cause an investigation to be completed within 90 days of...
441.677 Letter of determination; determination rules; distribution of letter; notice to nursing assistant.
(1) 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), the Department of...
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...
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...
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...
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...
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...
441.695 Conduct of investigation.
In investigating all complaints under ORS 441.690, the investigator shall: (1) Interview all available witnesses identified by any sources as having personal knowledge relevant to...
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...
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...
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,...
441.704 [1983 c.484 §1; repealed by 1985 c.647 §3]
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...
441.710 Civil penalties; when imposed.
(1) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person...
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...
441.715 Objective criteria for civil penalties; rules.
(1)(a) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under...
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 Human Services considers proper...
441.725 [1975 c.328 §4; 1985 c.648 §3; 1987 c.428 §40; repealed by 1993 c.759 §19]
441.730 [1975 c.328 §5; repealed by 1977 c.261 §11]
441.735 [1975 c.328 §6; 1977 c.261 §10; 1989 c.706 §13; repealed by 1991 c.734 §122]
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...
441.745 Penalties to General Fund.
All penalties recovered under ORS 441.710 to 441.740 shall be paid into the State Treasury and credited to the General Fund. [1975 c.328 §8] Note:...
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...
441.755 Report form; contents.
(1) The Department of Human Services shall prescribe a form to be used by hospitals to make the report required by ORS 441.750 (1)(b) and...
441.810 [Formerly 441.510; repealed by 1979 c.284 §199]
441.815 Smoking of tobacco in certain hospital rooms prohibited.
(1) No hospital employee, patient or visitor shall smoke any cigar, cigarette or tobacco in any form in any: (a) Room of the hospital in...
441.820 Procedure for termination of physician�s privilege to practice medicine at health care facility; immunity from damage action for good faith report.
(1) When a health care facility restricts or terminates the privileges of a physician to practice medicine at that facility, it shall promptly report, in...
441.825 Authority of hospital to require medical staff to provide professional liability insurance.
(1) A governing body of a hospital licensed under ORS 441.015 to 441.087 may require all members of its medical staff to: (a) Provide evidence...
441.827 [1991 c.774 §§1,2; renumbered 676.300 in 2003]
441.840 [1987 c.670 §1; repealed by 1989 c.800 §8]
441.990 Criminal penalties.
(1) Violation of ORS 441.015 (1) is a violation punishable, upon conviction, by a fine of not more than $100 for the first violation and...
441.995 Factors considered in determining penalties under ORS 441.630 to 441.680; civil penalty.
(1) In adopting criteria for establishing the amount of civil penalties for violations of ORS 441.630 to 441.680, the Department of Human Services shall consider:...

Last modified: August 7, 2008