OAR 333-536-0010
Application for Licensure
(1)
An agency that establishes, conducts, or represents itself to the public as providing in-home care services must be licensed by the Division and must comply with ORS 443.305 (Definitions for ORS 443.305 to 443.350) through 443.355 (Complaint procedures) and these rules. The provisions of ORS 443.305 (Definitions for ORS 443.305 to 443.350) through 443.355 (Complaint procedures) do not apply to organizations licensed, registered or certified under ORS 101.030 (Registration of continuing care retirement community providers), 410.495 (Registry for adult day care programs in state), 443.410 (Single license required), 443.485 (Registration required), 443.725 (License required), 443.860 (License required), or 443.886 (Memory care endorsement required). The provisions of ORS 443.305 (Definitions for ORS 443.305 to 443.350) through 443.355 (Complaint procedures) do not apply to independent individuals, volunteers, family, neighbors, or to agencies offering only housekeeping or on-call staffing for facilities, or to support services provided and funded by the Department of Human Services. Entities that provide referral or matching services that link in-home care services with clients are not required to be licensed under these rules, unless they do one or more of the following:(a)
Schedule caregivers (as defined in OAR 333-536-0005 (Definitions));(b)
Assign work;(c)
Assign compensation rates;(d)
Define working conditions;(e)
Negotiate for a caregiver or client for the provision of services; or(f)
Place a caregiver with a client.(2)
Application for a license to operate an in-home care agency shall be in writing on a form provided by the Division and shall include, but is not limited to, demographic, ownership and administrative information about the agency.(3)
The completed application to license an in-home care agency must be accompanied by a nonrefundable licensing fee specified in ORS 443.315 (License required).(4)
If an owner or administrator has direct contact with a client, the owner or administrator must submit background information to the Division in accordance with OAR 333-536-0093 (Criminal Records Checks) for the purposes of conducting a criminal records check.(5)
If any of the information delineated in an agency’s most recent application changes at a time other than the annual renewal date, an agency shall submit a revised application to the Division within 30 days of the change.(a)
An agency that submits a revised application that contains a change to any of the following must obtain Division approval prior to implementation:(A)
Administrator;(B)
Agency classification;(C)
Branch and subunit; and(D)
Geographic service area exceeding one hour’s travel time.(b)
In determining whether to grant approval for changes identified in subsection (4)(a) of this rule, the Division may request agency documents or records for review to determine compliance with in-home care licensing laws and rules, or may conduct an on-site inspection.(6)
No entity shall provide in-home care services or use the term “in-home care agency” in its advertising, publicity, or any other form of communication unless it holds a current valid license as an in-home care agency in accordance with the provisions within.
Source:
Rule 333-536-0010 — Application for Licensure, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-536-0010.