OAR 333-076-0101
Definitions

As used in OAR chapter 333, division 76 unless the context requires otherwise, the following definitions apply:
(1) “Affiliated with” means controlled by or associated with other persons under common ownership or control.
(2) “Ambulatory Surgical Center” (ASC) means:
(a) A facility or portion of a facility that operates exclusively for the purpose of providing surgical services to patients who do not require hospitalization and for whom the expected duration of services does not exceed 24 hours following admission.
(b) Ambulatory surgical center does not mean:
(A) Individual or group practice offices of private physicians or dentists that do not contain a distinct area used for outpatient surgical treatment on a regular and organized basis, or that only provide surgery routinely provided in a physician’s or dentist’s office using local anesthesia or conscious sedation; or
(B) A portion of a licensed hospital designated for outpatient surgical treatment.
(3) “Authentication” means verification that an entry in the patient medical record is genuine.
(4) “Authority” means the Oregon Health Authority.
(5) “CMS” means Centers for Medicare and Medicaid Services.
(6) “Certified ambulatory surgical center” means a facility that is licensed by the Authority and is certified by the CMS as meeting the conditions for coverage for ambulatory surgical services, 42 CFR 416, Subpart C.
(7) “Certified Nurse Anesthetist” (CRNA) means a registered nurse certified by the National Board of Certification and Recertification for Nurse Anesthetists and licensed by the Oregon State Board of Nursing (OSBN).
(8) “Certified Nursing Assistant” (CNA) means a person who is certified by the Oregon State Board of Nursing (OSBN) to assist licensed nursing staff in the provision of nursing care.
(9) “Conditions for Coverage” mean the applicable federal regulations that ASCs are required to comply with in order to participate in the federal Medicare and Medicaid programs.
(10) “Conscious sedation” has the same meaning as “moderate sedation”.
(11) “Deemed status” means an ASC that has been inspected by a CMS- approved national accrediting organization, has been found to meet or exceed all applicable Medicare conditions, and CMS finds the ASC to be in compliance.
(12) “Deep sedation” means an induced controlled state of depressed consciousness in which the patient experiences a partial loss of protective reflexes, as evidenced by the inability to respond purposefully either to physical stimulation or to verbal command and the patient’s ability to independently and continuously maintain an airway may be impaired.
(13) “Dentist” means a person licensed under ORS chapter 679 to practice dentistry by the Oregon Board of Dentistry.
(14) “Direct ownership” has the meaning given the term ‘ownership interest’ in 42 CFR 420.201.
(15) “Extended stay center” means a facility that provides extended stay services.
(16) “Extended stay services” means post-surgical and post-diagnostic medical and nursing services provided to a patient who is recovering from a surgical procedure performed in an ambulatory surgical center.
(17) “Financial interest” means a five percent or greater direct or indirect ownership interest.
(18) “General anesthesia” means an induced controlled state of unconsciousness in which the patient experiences complete loss of protective reflexes, as evidenced by the inability to independently maintain an airway, the inability to respond purposefully to physical stimulation, or the inability to respond purposefully to verbal command.
(19) “Governing body” means the body or person legally responsible for the direction and control of the operation of the facility.
(20) “Health care facility” (HCF) has the meaning given the term in ORS 442.015 (Definitions).
(21) “Health Care Facility Licensing Law” means ORS 441.015 (Licensing of facilities and health maintenance organizations)-441.990 (Civil and criminal penalties) and rules thereunder.
(22) “High complexity non-certified” means a facility that is licensed by the Authority, is not CMS certified, and performs surgical procedures involving deep sedation or general anesthesia.
(23) “Hospital” has the meaning given that term in ORS 442.015 (Definitions).
(24) “Indirect ownership” has the meaning given the term ‘indirect ownership interest’ in 42 CFR 420.201.
(25) “Licensed” means that the person or facility to whom the term is applied is currently licensed, certified or registered by the proper authority to follow his or her profession or vocation within the State of Oregon, and when applied to a health care facility means that the facility is currently and has been duly and regularly licensed by the Authority.
(26) “Licensed Practical Nurse” (LPN) means a person licensed under ORS chapter 678 to practice practical nursing.
(27) “Local anesthesia” means the administration of an agent that produces a transient and reversible loss of sensation in a circumscribed portion of the body.
(28) “Local hospital” means the closest most appropriate hospital that has the capability to treat medical emergencies or other care associated with the type of surgery performed at the affiliated ASC.
(29) “Moderate complexity non-certified” means a facility licensed by the Authority, is not CMS certified, and performs procedures requiring not more than conscious sedation.
(30) “Moderate sedation” means an induced controlled state of minimally depressed consciousness in which the patient retains the ability to independently and continuously maintain an airway and to respond purposefully to physical stimulation and to verbal command. Formerly referred to as conscious sedation.
(31) “New construction” means a new building or an addition to an existing building.
(32) “NFPA” means National Fire Protection Association.
(33) “Nursing staff” means a person licensed by the OSBN as a registered nurse (RN), licensed practical nurse (LPN) or certified as a nursing assistant (CNA).
(34) “Patient audit” means review of the medical record or patient observation including the care provided to a patient from admission to discharge.
(35) “Person” means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state, or a political subdivision or instrumentality, including a municipal corporation, of a state.
(36) “Physician” means a person licensed under ORS chapter 677 to practice medicine or osteopathic medicine by the Oregon Medical Board.
(37) “Podiatric physician and surgeon” means a person licensed under ORS chapter 677 to practice podiatry medicine by the Oregon Medical Board.
(38) “Podiatry” has the meaning given that term in ORS 677.010 (Definitions for chapter).
(39) “Registered Nurse” (RN) means a person licensed as a Registered Nurse under ORS chapter 678.
(40) “These rules” means OAR 333-076-0001 (Applicability; Referenced Codes and Standards) through 333-076-0270 (Approval of ASC Accrediting Organizations) and OAR 333-076-0800 (Extended Stay Center (ESC) Applicability) through 333-076-1100 (ESC Civil Penalties).

Source: Rule 333-076-0101 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-076-0101.

333‑076‑0001
Applicability 333‑076‑0095
Purpose 333‑076‑0101
Definitions 333‑076‑0102
Application for ASC License and Fees 333‑076‑0103
ASC Application Review 333‑076‑0104
Approval of ASC License Application 333‑076‑0107
Denial of ASC License Application 333‑076‑0108
Expiration and Renewal of ASC License 333‑076‑0110
Return of ASC License and ASC Closure 333‑076‑0111
ASC Classification 333‑076‑0114
ASC Complaints 333‑076‑0116
ASC Investigations 333‑076‑0117
ASC Surveys 333‑076‑0118
ASC Health Care Practitioner Credentialing 333‑076‑0119
ASC Governing Body Responsibility 333‑076‑0120
ASC Medical Staff 333‑076‑0125
ASC Personnel 333‑076‑0130
ASC Policies and Procedures 333‑076‑0135
ASC Nursing Services 333‑076‑0137
ASC Surgery Services 333‑076‑0140
ASC Anesthesia Services (If Provided) 333‑076‑0145
ASC Storage, Disposal and Dispensing of Drugs 333‑076‑0150
ASC Emergency Services 333‑076‑0155
ASC Laboratory Services 333‑076‑0160
Care of ASC Patients 333‑076‑0165
ASC Medical Records 333‑076‑0170
ASC Quality Assessment and Performance Improvement 333‑076‑0175
ASC Infection Control 333‑076‑0180
In-service Training for ASC Nurses 333‑076‑0185
ASC Physical Environment 333‑076‑0190
ASC Emergency Preparedness 333‑076‑0246
Waivers 333‑076‑0250
ASC Violations 333‑076‑0255
ASC Informal Enforcement 333‑076‑0260
ASC Formal Enforcement 333‑076‑0265
Civil Penalties, Generally 333‑076‑0270
Approval of ASC Accrediting Organizations 333‑076‑0450
Birthing Centers: Definitions 333‑076‑0470
Birthing Centers: Licensing 333‑076‑0490
Birthing Centers: Submission of Plans 333‑076‑0510
Birthing Centers: Expiration and Renewal of License 333‑076‑0530
Birthing Centers: Denial or Revocation of a License 333‑076‑0550
Birthing Centers: Return of Facility License 333‑076‑0560
Birthing Centers: Classification 333‑076‑0570
Birthing Centers: Hearings 333‑076‑0590
Birthing Centers: Adoption by Reference 333‑076‑0610
Birthing Centers: Division Procedures 333‑076‑0630
Birthing Centers: Administration 333‑076‑0650
Birthing Centers: Service Restrictions 333‑076‑0670
Birthing Centers: Policies and Procedures 333‑076‑0690
Birthing Centers: Health and Medical Records 333‑076‑0710
Birthing Centers: Physical Facility 333‑076‑0800
Extended Stay Center (ESC) Applicability 333‑076‑0805
Application for ESC License and Fees 333‑076‑0810
ESC Application Review 333‑076‑0820
Approval of ESC License Application 333‑076‑0830
Denial of ESC License Application 333‑076‑0840
Expiration and Renewal of ESC License 333‑076‑0850
Return of ESC License and ESC Closure 333‑076‑0860
ESC Surveys 333‑076‑0870
ESC Complaints 333‑076‑0880
ESC Investigations 333‑076‑0890
ESC Health Care Practitioner Credentialing 333‑076‑0900
ESC Governing Body 333‑076‑0910
ESC Medical Staff 333‑076‑0920
ESC Personnel 333‑076‑0930
ESC Policies and Procedures 333‑076‑0940
ESC Admission Criteria, Patient Care and Discharge 333‑076‑0950
ESC Patient Transfer 333‑076‑0960
ESC Nursing Services 333‑076‑0970
ESC Pharmacy Services 333‑076‑0980
ESC Laboratory Services 333‑076‑0990
ESC Radiologic Services 333‑076‑1000
ESC Dietary Services 333‑076‑1010
ESC Medical Records 333‑076‑1020
ESC Quality Assessment and Performance Improvement 333‑076‑1030
ESC Infection Control 333‑076‑1040
ESC Data Collection and Reporting 333‑076‑1050
ESC Physical Environment 333‑076‑1065
ESC Waivers 333‑076‑1070
ESC Violations 333‑076‑1080
ESC Informal Enforcement 333‑076‑1090
ESC Formal Enforcement 333‑076‑1100
ESC Civil Penalties
Last Updated

Jun. 8, 2021

Rule 333-076-0101’s source at or​.us