(2)(a) The Director of Human Services shall impose penalties on residential care facilities pursuant to ORS 441.731.
(b) The director shall by rule prescribe a schedule of penalties for residential training facilities and residential training homes that are not in compliance with ORS 443.400 to 443.455.
(3) The Director of the Oregon Health Authority shall by rule prescribe a schedule of penalties for residential treatment facilities and residential treatment homes that are not in compliance with ORS 443.400 to 443.455.
(4) If the Department of Human Services or the Oregon Health Authority investigates and makes a finding of abuse arising from deliberate or other than accidental action or inaction that is likely to cause a negative outcome by a person with a duty of care toward a resident of a residential facility, other than a residential care facility, and if the abuse resulted in the death, serious injury, rape or sexual abuse of a resident, the department or authority shall impose a civil penalty of not less than $2,500 for each occurrence of substantiated abuse, not to exceed $15,000 in any 90-day period. As used in this subsection:
(a) "Negative outcome" includes serious injury, rape, sexual abuse or death.
(b) "Rape" means rape in the first degree as defined in ORS 163.375, rape in the second degree as defined in ORS 163.365 and rape in the third degree as defined in ORS 163.355.
(c) "Serious injury" means physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
(d) "Sexual abuse" means any form of sexual contact between an employee of a residential facility or a person providing services in the residential facility and a resident of that facility, including but not limited to sodomy, sexual coercion, sexually explicit photographing and sexual harassment.
(5) Civil penalties recovered from a residential training facility, residential training home, residential treatment facility or residential treatment home shall be deposited in the Long Term Care Ombudsman Account established in ORS 441.419. [1977 c.717 §13; 1991 c.801 §4; 2001 c.900 §186; 2005 c.22 §311; 2009 c.595 §789; 2009 c.828 §89; 2013 c.717 §15; 2014 c.104 §11; 2017 c.679 §6; 2019 c.13 §48]
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.