OAR 411-068-0000
Definitions Relating to Room and Board Facilities
(1)
“Abuse” means any act or absence of action inconsistent with the health, safety and welfare of the residents of the facility. This includes but is not limited to:(a)
Physical assault such as hitting, kicking, scratching, pinching, choking or pushing;(b)
Denying meals or denying residents access to their clothing or aids to physical functioning;(c)
Use of derogatory or inappropriate names, phrases, or profanity; ridicule; harassment; coercion; threats; cursing; or intimidation;(d)
Sexual exploitation of residents including inappropriate physical contact between the operator, or an employee or agent of the operator and residents;(e)
Use of physical restraints, or forced confinement;(f)
Financial exploitation which includes but is not limited to: unreasonable rate increases; requiring residents to work for the benefit of the operator unless such work is voluntary and compensated; or use by the operator or employee of representative payee status for the payment of a resident’s Social Security benefits to coerce, restrict, or exploit the resident.(2)
“Administration of Medication” means the act of placing a medication in, or on, a resident’s body.(3)
“Aid to Physical Functioning” means any special equipment utilized by the resident such as a hearing aid, cane, walker, etc., which maintains or enhances the resident’s physical functioning.(4)
“Applicant” means any operator of a room and board facility who completes an application for registration.(5)
“Application for Registration” means an application form designed and distributed by the Division to register room and board facilities.(6)
“Assistance with Activities of Daily Living” means those personal functional activities required by an individual for continued well being including eating/nutrition, dressing, personal hygiene, mobility, toileting and behavior management.(7)
“Care” means the performance of certain tasks by an individual for the benefit of a resident including supervision, protection, assistance with activities of daily living, administration of medication, nursing assistance, and management of money or other financial resources.(8)
“Certificate of Registration” means a certificate issued by the Division to applicants who have completed an application for registration and meet all applicable requirements of ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities) and these rules.(9)
“Compensation” means payments or services provided by or on behalf of a person in exchange for other services provided by another person.(10)
“Division” means the Seniors and People with Disabilities Division of the Department of Human Services.(11)
“Facility” means a room and board facility unless the specific context indicates otherwise.(12)
“House Rules” means procedures and standards for the daily operation of a room and board facility and include any restrictions or limitations on the use of the facility by residents.(13)
“Living Accommodations” means residential facilities including a place to sleep and common living areas.(14)
“Meals” means the provision of food by the operator or other employee for the consumption of residents one or more times per day.(15)
“Operator” means a person, partnership, corporation, or other entity who owns or operates a room and board facility.(16)
“Privately Arranged Housing” means the voluntary sharing of living accommodations and common expenses between two or more adults in a residence or apartment that does not offer such accommodations to the general public.(17)
“Residency Agreement” means an agreement or contract entered into by a resident and the operator which specifies the terms and conditions of residency in the facility.(18)
“Resident” means a person who is receiving living accommodations and meals in a room and board facility, for compensation, who is elderly or disabled as defined in ORS 443.480 (Definitions for ORS 443.480 to 443.500), and who is not related to the operator by blood or marriage.(19)
“Resident Manager” means a person employed by the operator who resides at the facility and who is responsible for the day to day operation or management of the facility.(20)
“Retirement Facility” means a facility that:(a)
Is exempt from the requirement for registration in OAR 411-068-0005 (Certificate of Registration Required); and(b)
Meets all of the following criteria:(A)
Offers to the general public for compensation individual dwelling units that include a private bathroom and a meal preparation and storage area;(B)
Represents itself to the public as a retirement facility; and(C)
A majority of the residents are 62 years of age or older.(21)
“Rights” means civil, legal or human rights guaranteed by Federal and State law and afforded to all persons.(22)
“Room and Board Facility” means a facility that offers to the general public living accommodations and meals for compensation to two or more adults who are elderly or disabled, as defined in ORS 443.480 (Definitions for ORS 443.480 to 443.500), not related to the operator by blood or marriage. For the purposes of these rules, room and board facility does not include the following:(a)
Any facility operated by an institution of higher education;(b)
Any private room and board facility approved by an institution of higher education which has as a resident a student or an employee of the institution;(c)
Any private or nonprofit retirement facility which does not fall under the generally understood definition of a “room and board facility,” a “boarding house” or a “boarding hotel” and where a majority of the residents are retirees;(d)
Any privately arranged housing the occupants of which may not be related by blood or marriage; and(e)
Any facility which is licensed of registered under any other law of this state or city or county ordinance or regulation.(23)
“Self-administration of Medication” means the act of a resident placing a medication in, or on, his/her own body.(24)
“Services” means living accommodations and meals provided by the operator and non-care related tasks such as housekeeping, laundry, transportation or recreation performed by an operator or employee for the benefit of residents.
Source:
Rule 411-068-0000 — Definitions Relating to Room and Board Facilities, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-068-0000.