(1) "Behavioral health needs" means mental, emotional or behavioral disturbances.
(2) "Conversion facility" means a facility that has applied for, or been issued, a conversion facility license as described in ORS 443.431.
(3) "Direct care staff" means the employees of a residential facility whose primary responsibilities are to provide personal care services to residents, including but not limited to:
(a) Administering medications;
(b) Coordinating resident-focused activities;
(c) Supervising and supporting residents;
(d) Supporting activities of daily living, including but not limited to bathing, dressing, eating and transferring; and
(e) Serving but not preparing meals.
(4) "Licensing agency" means:
(a) The Department of Human Services, if the residential facility that is licensed, or that the Director of Human Services determines should be licensed, is a residential care facility, residential training facility or residential training home; or
(b) The Oregon Health Authority, if the residential facility that is licensed, or that the Director of the Oregon Health Authority determines should be licensed, is a residential treatment facility or residential treatment home.
(5) "Resident" means any individual residing in a facility who receives residential care, treatment or training. For purposes of ORS 443.400 to 443.455, an individual is not considered to be a resident if the individual is related by blood or marriage within the fourth degree as determined by civil law to the person licensed to operate or maintain the facility.
(6) "Residential care" means services such as supervision; protection; assistance while bathing, dressing, grooming or eating; management of money; transportation; recreation; and the providing of room and board.
(7) "Residential care facility" means a facility that provides residential care in one or more buildings on contiguous properties:
(a) For six or more socially dependent individuals or individuals with physical disabilities; or
(b) For fewer than six socially dependent individuals or individuals with physical disabilities if the purpose of the facility is to serve individuals with co-occurring behavioral health needs who are more appropriately served in smaller settings.
(8) "Residential facility" means a residential care facility, residential training facility, residential treatment facility, residential training home, residential treatment home or conversion facility.
(9) "Residential training facility" means a facility that provides, for six or more individuals with intellectual or developmental disabilities, residential care and training in one or more buildings on contiguous properties.
(10) "Residential training home" means a facility that provides, for five or fewer individuals with intellectual or developmental disabilities, residential care and training in one or more buildings on contiguous properties, when so certified and funded by the Department of Human Services.
(11) "Residential treatment facility" means a facility that provides, for six or more individuals with mental, emotional or behavioral disturbances or alcohol or drug dependence, residential care and treatment in one or more buildings on contiguous properties.
(12) "Residential treatment home" means a facility that provides for five or fewer individuals with mental, emotional or behavioral disturbances or alcohol or drug dependence, residential care and treatment in one or more buildings on contiguous properties.
(13) "Training" means the systematic, planned maintenance, development or enhancement of self-care skills, social skills or independent living skills, or the planned sequence of systematic interactions, activities or structured learning situations designed to meet each resident’s specified needs in the areas of physical, social, emotional and intellectual growth.
(14) "Treatment" means a planned, individualized program of medical, psychological or rehabilitative procedures, experiences and activities designed to relieve or minimize mental, emotional, physical or other symptoms or social, educational or vocational disabilities resulting from or related to the mental or emotional disturbance, physical disability or alcohol or drug problem. [1977 c.717 §1; 1987 c.548 §1; 1989 c.224 §95; 1989 c.488 §1; 1991 c.801 §1; 2001 c.900 §183; 2005 c.22 §306; 2007 c.70 §245; 2009 c.595 §777; 2017 c.679 §35; 2017 c.707 §9]
Structure 2021 Oregon Revised Statutes
Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs
Section 443.001 - Quality Care Fund; rules.
Section 443.002 - Providers with multiple facilities.
Section 443.006 - Criminal background check registry; rules.
Section 443.007 - Disqualification of individuals found to have committed abuse; rules.
Section 443.008 - Fitness determinations; rules.
Section 443.011 - Training requirements for in-home care service providers; rules.
Section 443.012 - Disease outbreak and infection control training and protocols; rules.
Section 443.014 - Definitions for ORS 443.014 to 443.105.
Section 443.019 - Requirement for in-person site inspection.
Section 443.035 - License fees; renewal; disposition of funds.
Section 443.045 - Denial, suspension and revocation of licenses; penalties.
Section 443.065 - General requirements for home health agencies.
Section 443.085 - Home health services; rules.
Section 443.090 - Exemption from in-home care agency licensing requirements.
Section 443.105 - Caregiver registries; rules.
Section 443.225 - Location and capacity of domiciliary care facilities.
Section 443.305 - Definitions for ORS 443.305 to 443.350.
Section 443.315 - License required; application; rules; fees.
Section 443.325 - Grounds for denial, suspension or revocation of license; penalties.
Section 443.327 - Injunctive relief; attorney fees and costs; notice to clients.
Section 443.345 - Disposition of moneys.
Section 443.350 - Applicability.
Section 443.355 - Complaint procedures; rules.
Section 443.370 - Definitions for ORS 443.370 to 443.376.
Section 443.373 - Registration to provide long term care referrals; rules; fee.
Section 443.376 - Duties of referral agents; violation as unlawful practice.
Section 443.378 - Housing with services projects.
Section 443.380 - Definitions for ORS 443.380 to 443.394.
Section 443.382 - Residential Facilities Ombudsman; duties.
Section 443.384 - Agencies to provide information and support.
Section 443.386 - Designees of ombudsman; training; contract.
Section 443.388 - Authority of ombudsman and designees; confidentiality agreements.
Section 443.392 - Notice of complaint procedures; posting requirement.
Section 443.394 - Procedures to maintain confidentiality.
Section 443.396 - Gifts, grants and donations.
Section 443.400 - Definitions for ORS 443.400 to 443.455.
Section 443.405 - Exclusions from definition of "residential facility."
Section 443.410 - Single license required.
Section 443.416 - Inspection of facilities.
Section 443.417 - Annual kitchen inspection; fees.
Section 443.419 - License revocations, suspensions or conditions; rules.
Section 443.420 - Qualifications for license.
Section 443.421 - Revocation and suspension of licenses; procedure.
Section 443.422 - Siting of licensed residential facilities.
Section 443.425 - License term; contents; renewal; fee.
Section 443.430 - Transferability of license; disposition of license fees.
Section 443.431 - Conversion facilities; fee; rules.
Section 443.432 - Acuity-based staffing tool.
Section 443.433 - Direct care staff training in dementia care; rules.
Section 443.436 - Enhanced oversight and supervision program.
Section 443.439 - Increases in compensation of direct support professionals; legislative intent.
Section 443.441 - Assessment of sufficient numbers of direct care staff; complaint investigations.
Section 443.443 - Information provided upon application for admission.
Section 443.446 - Residential Care Quality Measurement Program.
Section 443.447 - Quality Measurement Council.
Section 443.448 - Choice of prescription and nonprescription drugs and supplies.
Section 443.449 - Prescription drug packaging.
Section 443.452 - Waiver procedure.
Section 443.455 - Civil penalties; rules.
Section 443.465 - Secure residential treatment homes and facilities; rules.
Section 443.480 - Definitions for ORS 443.480 to 443.500.
Section 443.490 - Waiver of registration.
Section 443.500 - Investigation of registered facilities; access to facilities.
Section 443.705 - Definitions for ORS 443.705 to 443.825.
Section 443.715 - Exclusions from definition of "adult foster home."
Section 443.720 - Findings of Legislative Assembly.
Section 443.725 - License required; on-site provider required; exception; rules.
Section 443.733 - Collective bargaining.
Section 443.734 - Adult foster home license classifications; rules.
Section 443.735 - Issuance of license; fee; standards; renewal; burden of proof; rules.
Section 443.739 - Rights of residents.
Section 443.740 - Information on licensed adult foster homes; availability; content.
Section 443.742 - Annual continuing education requirements; rules.
Section 443.743 - Training in dementia care.
Section 443.745 - Denial, suspension or revocation; conditional license; review.
Section 443.762 - Information provided upon admission.
Section 443.767 - Investigation of complaint; rules.
Section 443.769 - Public disclosure of investigatory information.
Section 443.777 - Prescription drug packaging.
Section 443.780 - Exemption where county has licensing and inspection program.
Section 443.790 - Authority to impose civil penalty; factors to be considered; rules.
Section 443.795 - Civil penalty; notice; hearing.
Section 443.825 - Disposition of penalties recovered.
Section 443.830 - Definitions for ORS 443.830 and 443.835.
Section 443.835 - Certificate required; rules.
Section 443.850 - Definitions for ORS 443.850 to 443.869.
Section 443.860 - License required; rules; fees.
Section 443.869 - Civil penalties.
Section 443.875 - Notice of substantiated abuse.
Section 443.878 - Psychotropic medications; rules.
Section 443.880 - Responsibilities of residential facility regarding property of resident.
Section 443.881 - Transfer of property; undue influence.
Section 443.886 - Memory care endorsement required; standards; fees; rules.
Section 443.887 - Definitions.
Section 443.895 - Exemption from ad valorem property taxation for certain facilities; certification.