2021 Oregon Revised Statutes
Chapter 441 - Health Care Facilities
Section 441.362 - Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent.


(2) Written notice in accordance with this section shall be provided by the department in all moves, including situations where the resident requests or initiates the move.
(3) The request for hearing must be made to the department within 10 days of the service or delivery of the written notice to move.
(4) Notwithstanding subsection (1) of this section, the department may move a resident less than 30 days after the service of the notice if the resident gives informed written consent to the move or termination of payment.
(5) In the event the resident is cognitively impaired, informed written consent can only be given by a guardian, conservator, person holding a general power of attorney, person designated by the resident to receive notice of a move or termination of payment or person who requested the receipt of notice of a move or termination of payment. [1983 c.269 §2]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 12 - Public Health

Chapter 441 - Health Care Facilities

Section 441.015 - Licensing of facilities and health maintenance organizations; compliance with rules and standards.

Section 441.020 - Application; fees; rules.

Section 441.021 - Additional fees for investigation and compliance activities.

Section 441.025 - License issuance; rules; renewal; disclosure; transfer; posting.

Section 441.026 - Licensing of extended stay centers; rules.

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

Section 441.037 - Hearings; procedures; judicial review.

Section 441.038 - Additional remedies.

Section 441.044 - Complaints about standard of care in facility; retaliation prohibited; rules.

Section 441.046 - Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident; rules.

Section 441.047 - Requirement to provide resident with information about Long Term Care Ombudsman services.

Section 441.048 - Discrimination based on execution of POLST, advance directive or similar instruction prohibited.

Section 441.049 - Support persons for patients with disabilities.

Section 441.051 - Discharge of patient to care of lay caregiver.

Section 441.053 - Release of patient presenting with behavioral health crisis.

Section 441.054 - Discharge of patients receiving mental health treatment.

Section 441.055 - Health care facility medical staff and bylaws; rules.

Section 441.056 - Credentialing telemedicine providers; rules.

Section 441.060 - Inspections; approval of plans and specifications; rules; fees.

Section 441.061 - Delegation of health inspections to local public health authorities; financial assistance.

Section 441.062 - Coordination of inspections; rules.

Section 441.064 - Use of facilities by nurse practitioners and physician assistants; rules regarding privileges and credentialing.

Section 441.065 - Exemption of certain religious institutions.

Section 441.067 - Inspection reports, complaint procedures and rules; posting.

Section 441.073 - Rules regarding staff ratio in long term care facilities; variances; posting.

Section 441.077 - Revocation of license and other penalties for imposing restrictions upon certain physicians; construction of section.

Section 441.078 - Disability discrimination prohibited in provision or insurance coverage of organ transplantation.

Section 441.079 - Eye, organ and tissue transplants.

Section 441.082 - Registration of organ procurement organization, tissue bank and eye bank; rules; penalties.

Section 441.083 - Drug information to be provided patients of long term and intermediate care facilities.

Section 441.084 - Choice of patient on suppliers of drugs and supplies.

Section 441.086 - Ambulatory surgical centers; rules.

Section 441.087 - General inspection of long term care facility.

Section 441.094 - Denial of emergency medical services because of inability to pay prohibited.

Section 441.096 - Identification badges.

Section 441.098 - Health practitioner referral of patient to treatment or diagnostic testing facility; definitions for ORS 441.098, 441.099 and 441.991; rules.

Section 441.099 - Health Licensing Office to ensure compliance with ORS 441.098.

Section 441.101 - Safeguards for protected health information; rules.

Section 441.151 - "Hospital" defined for ORS 441.152 to 441.177.

Section 441.152 - Nurse Staffing Advisory Board.

Section 441.154 - Hospital nurse staffing committee.

Section 441.155 - Written staffing plan for nursing services.

Section 441.156 - Annual review of nurse staffing plan.

Section 441.157 - Audits.

Section 441.164 - Variances to staffing plan requirements.

Section 441.165 - Modification of nurse staffing plan in case of emergency or epidemic.

Section 441.166 - Need for replacement staff.

Section 441.168 - Leaving a patient care assignment.

Section 441.169 - Public notice.

Section 441.171 - Complaint investigations.

Section 441.173 - Hospital to maintain records; rules.

Section 441.175 - Civil penalties; suspension or revocation of license; rules; records.

Section 441.177 - Posting of audit reports and civil penalties.

Section 441.179 - Definitions for ORS 441.179 to 441.186.

Section 441.181 - Retaliation prohibited.

Section 441.183 - Remedies for retaliation.

Section 441.184 - Unlawful employment practices; civil action for retaliation.

Section 441.185 - Hospital posting of notice.

Section 441.186 - Rights, privileges or remedies of nursing staff.

Section 441.192 - Notice of employment outside of hospital.

Section 441.221 - Advisory Committee on Physician Credentialing Information; membership; terms.

Section 441.222 - Committee recommendations.

Section 441.223 - Implementation of committee recommendations; rules.

Section 441.277 - Definitions for ORS 441.277 to 441.323.

Section 441.281 - Petition for appointment of trustee; hearing; order.

Section 441.286 - Grounds for appointment of trustee.

Section 441.289 - Powers and duties of trustee.

Section 441.293 - Liability to trustee for goods and services after notice; effect of nonpayment.

Section 441.296 - Liability for rent or contracts.

Section 441.303 - Establishment of Facility Fund; fees from facilities in addition to license or application fee; use of fees.

Section 441.309 - Trustee as public employee.

Section 441.316 - Termination of trust; extension; license revocation.

Section 441.318 - Trustee accounting; deficiencies; lien.

Section 441.323 - Effect of trust or temporary management on prior obligations or civil or criminal liabilities.

Section 441.331 - Definition of "facility" for ORS 441.331 to 441.341.

Section 441.333 - Appointment of temporary manager.

Section 441.336 - Accounting by temporary manager; deficiencies; lien.

Section 441.338 - Temporary manager as agent of state agency.

Section 441.341 - Rules.

Section 441.355

Section 441.357 - Definitions for ORS 441.357 to 441.367.

Section 441.362 - Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent.

Section 441.367 - Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty.

Section 441.373 - Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime.

Section 441.402 - Definitions for ORS 441.402 to 441.419.

Section 441.403 - Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications.

Section 441.406 - Duties of ombudsman; rules.

Section 441.407 - Procedures to maintain confidentiality.

Section 441.408 - Right of entry into facilities and access to records.

Section 441.409 - Report after investigation; referral to other agencies.

Section 441.411 - Notice of complaint procedures; posting.

Section 441.412 - Immunity of employees.

Section 441.413 - Appointment of designees; qualifications; duties.

Section 441.416 - Residential Ombudsman and Public Guardianship Advisory Board; appointment; confirmation; term; qualifications.

Section 441.417 - Duties.

Section 441.418 - Appeal to Residential Ombudsman and Public Guardianship Advisory Board.

Section 441.515

Section 441.525 - Definitions for ORS 441.525 to 441.595.

Section 441.535 - Procedure to create public authority.

Section 441.540 - Board of directors; rules; conflict of interest; quorum; personnel.

Section 441.550 - General powers.

Section 441.555 - Issuance of revenue obligations; nature of obligation; refunding.

Section 441.595 - Construction of ORS 441.525 to 441.595.

Section 441.600 - Definitions for ORS 441.600 to 441.625.

Section 441.605 - Legislative declaration of rights intended for residents.

Section 441.610 - Nursing home patients’ bill of rights; rules.

Section 441.612 - Additional rights; rules.

Section 441.615 - Powers and responsibilities of department; rules.

Section 441.624 - Purpose.

Section 441.630 - Definitions for ORS 441.630 to 441.680.

Section 441.637 - Rules; submission of rules to advisory group.

Section 441.640 - Report of suspected abuse of resident required.

Section 441.645 - Oral report to area agency on aging, department or law enforcement agency.

Section 441.650 - Investigation of abuse complaint; initial status report; content; distribution of report; duties of investigator; investigation report.

Section 441.655 - Immunity for reporter of abuse.

Section 441.659 - Disclosure of protected health information to law enforcement.

Section 441.660 - Photographing resident; photograph as record.

Section 441.665 - Record of reports; classification of investigation report.

Section 441.671 - Confidentiality of reports; when available.

Section 441.674 - Specified evidentiary privileges inapplicable.

Section 441.676 - Investigation of licensing violations; powers of investigator.

Section 441.677 - Letter of determination; determination rules; distribution of letter; notice to nursing assistant; right to contested case hearing; rules.

Section 441.678 - Review of finding that nursing assistant responsible for abuse; name placed in registry.

Section 441.679 - Preemployment inquiries; when employment prohibited.

Section 441.685 - Monitors; designation; duties; peer review of facilities.

Section 441.695 - Conduct of investigation.

Section 441.697 - Prescribed drug supply for unscheduled therapeutic leave from long term care facility; dispensing of drugs by registered nurse.

Section 441.700 - Access to facilities by persons providing services.

Section 441.703 - Complaint file; summary; availability on request.

Section 441.705 - Definitions for ORS 441.705 to 441.745.

Section 441.710 - Civil penalties; when imposed.

Section 441.712 - Notice of civil penalty.

Section 441.715 - Criteria for civil penalties; rules.

Section 441.720 - Remittance or reduction of penalties.

Section 441.726 - Progressive enforcement process.

Section 441.731 - Civil penalties.

Section 441.736 - License conditions.

Section 441.740 - Judicial review.

Section 441.745 - Penalties to Quality Care Fund.

Section 441.750 - Suicide attempts by minors; referral; report; disclosure of information; limitation of liability.

Section 441.755 - Report form; contents.

Section 441.815 - Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited; rules.

Section 441.816 - Influenza vaccines for patients 65 years of age or older; rules.

Section 441.820 - Procedure for termination of physician’s privilege to practice medicine at health care facility; immunity from damage action for good faith report.

Section 441.825 - Authority of hospital to require medical staff to provide professional liability insurance.

Section 441.990 - Civil and criminal penalties.

Section 441.991 - Civil penalty for violation of ORS 441.098.

Section 441.992 - Civil penalty for violation of ORS 441.048 or 441.049.