ORS Chapter 441

Chapter 441 — HealthCare Facilities

2009 EDITION

HEALTHCARE FACILITIES

PUBLICHEALTH AND SAFETY

LICENSINGAND SUPERVISION OF FACILITIES AND ORGANIZATIONS

441.015 Licensingof facilities and health maintenance organizations; compliance with rules andstandards

441.020 Application;fees

441.021 Additionalfees for investigation and compliance activities

441.022 Factorsto be considered in licensing

441.025 Licenseissuance; rules; renewal; disclosure; transfer; posting

441.030 Denial,suspension or revocation of licenses; restrictions on admission; penalties

441.037 Hearings;procedures; judicial review

441.050 Additionalremedies

441.055 Rules;health care facilities to ensure compliance; medical staff bylaws; peer review;procedure

441.057 Rulesconcerning complaints about care; reporting by employee

441.059 Accessto previous X-rays and reports by patients of chiropractic physicians

441.060 Inspections;approval of plans and specifications; rules; fees

441.061 Delegationof health inspections to local governmental agencies; financial assistance

441.062 Coordinationof inspections; rules

441.063 Useof facilities by licensed podiatric physicians and surgeons; regulation ofadmission and conduct

441.064 Useof facilities by licensed nurse practitioners; rules regarding admissions andprivileges

441.065 Exemptionof certain religious institutions

441.067 Inspectionreports, complaint procedures and rules; posting

441.073 Rulesregarding staff ratio in long term care facilities; variances; posting

441.077 Revocationof license and other penalties for imposing restrictions upon certainphysicians; construction of section

441.079 Eye,organ and tissue transplants

441.082 Registrationof organ procurement organization, tissue bank and eye bank; rules; penalties

441.083 Druginformation to be provided patients of long term and intermediate carefacilities

441.084 Choiceof patient on suppliers of drugs and supplies

441.086 Ambulatorysurgical centers; rules

441.087 Generalinspection of long term care facility

441.089 Applicationof Health Care Quality Improvement Act of 1986

441.094 Denialof emergency medical services because of inability to pay prohibited

441.096 Identificationbadges

441.098 Physicianreferral of patient to treatment facility

LONGTERM CARE OMBUDSMAN

441.100 Definitions

441.103 Officeof Long Term Care Ombudsman; terms; appointment; confirmation; qualifications

441.107 Fundingof office

441.109 Dutiesof ombudsman; rules

441.113 Proceduresto maintain confidentiality

441.117 Rightof entry into facilities and access to records

441.121 Reportafter investigation; referral to other agencies

441.124 Noticeof complaint procedures; posting

441.127 Immunityof employees

441.131 Appointmentof designees; qualifications; duties

441.133 Effectof ORS 441.100 to 441.153 on right to visitors

441.137 LongTerm Care Advisory Committee; appointment; confirmation; term; qualifications

441.142 Duties

441.146 Appealto Long Term Care Advisory Committee

441.147 Officers;quorum; meetings; expenses

441.153 LongTerm Care Ombudsman Account

HOSPITALNURSING SERVICES

441.160 Definitionfor ORS 441.162 to 441.170

441.162 Writtenstaffing plan for nursing services

441.164 Variancesin staffing plan requirements

441.166 Needfor replacement staff

441.168 Leavinga patient care assignment

441.170 Civilpenalties; suspension or revocation of license; rules; records; complianceaudits

441.172 Definitionsfor ORS 441.172 to 441.182

441.174 Retaliationprohibited

441.176 Remediesfor retaliation

441.178 Unlawfulemployment practices; civil action for retaliation

441.180 Hospitalposting of notice

441.182 Rights,privileges or remedies of nursing staff

441.192 Noticeof employment outside of hospital

TRUSTEEOR TEMPORARY MANAGER TO ENSURE COMPLIANCE WITH CARE RULES

441.277 Definitionsfor ORS 441.277 to 441.323

441.281 Petitionfor appointment of trustee; hearing; order

441.286 Groundsfor appointment of trustee

441.289 Powersand duties of trustee

441.293 Liabilityto trustee for goods and services after notice; effect of nonpayment

441.296 Liabilityfor rent or contracts

441.301 Paymentof expenses when income inadequate

441.303 Establishmentof Facility Fund; fees from facilities in addition to license fee; use of fees

441.306 Compensationof trustee

441.309 Trusteeas public employee

441.312 Licenserenewal of facility placed in trust

441.316 Terminationof trust; extension; license revocation

441.318 Trusteeaccounting; deficiencies; lien

441.323 Effectof trust or temporary management on prior obligations or civil or criminalliabilities

441.331 Definitionof “facility” for ORS 441.331 to 441.341

441.333 Appointmentof temporary manager

441.336 Accountingby temporary manager; deficiencies; lien

441.338 Temporarymanager as agent of state agency

441.341 Rules

MOVESFROM LONG TERM CARE FACILITIES AND RESIDENTIAL CARE FACILITIES

441.357 Definitionsfor ORS 441.357 to 441.367

441.362 Noticeby Department of Human Services prior to move or termination; hearing; consentto move; who may consent

441.367 Facilityrequired to give notice of base rate and policy on nonpayment; rules; notice ofchanges; civil penalty

441.373 Admissionto or removal from long term care facility or residential care facility ofperson convicted of sex crime

FINANCINGOF HEALTH CARE FACILITIES CONSTRUCTION

441.525 Definitionsfor ORS 441.525 to 441.595

441.530 Policy

441.532 Municipalitiesauthorized to create authority; issuance of obligations; conditions; purpose ofauthority

441.535 Procedureto create public authority

441.540 Boardof directors; rules; conflict of interest; quorum; personnel

441.545 Authoritymay not levy taxes

441.550 Generalpowers

441.555 Issuanceof revenue obligations; nature of obligation; refunding

441.560 Borrowing;bond anticipation notes

441.565 Obligationsof authority not obligations of municipality

441.570 Paymentof principal and intere