OAR 411-360-0040
License Required
(1)
Any home that meets the definition of an AFH-DD as defined in OAR 411-360-0020 (Definitions and Acronyms) must first apply for and obtain a license from the Department or an exempt area county before providing care and services for compensation to an individual.(2)
A person or entity may not represent themselves as operating an AFH-DD or accept placement of an individual without being licensed as an AFH-DD.(3)
No person, employed and requiring a background check may be a provider, resident manager, substitute caregiver, or otherwise be in training, employed by the provider, a volunteer for the AFH-DD, or reside in or on the property of an AFH-DD who:(a)
Has been convicted of any of the disqualifying crimes listed in OAR 407-007-0275 (Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs);(b)
Has not complied with Department rules for review of background checks in accordance with OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances); or(c)
Has been disapproved to work based on current Department policy and procedures for background checks in accordance with OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances).(4)
Section (3) of this rule does not apply to individual service recipients of the AFH-DD.(5)
Section (3)(a) of this rule does not apply to employees hired prior to July 28, 2009.(6)
LIMITED LICENSE. Any home that meets the definition of a limited license AFH-DD as defined in OAR 411-360-0020 (Definitions and Acronyms) must apply for and obtain a license from the Department before providing care and services to an individual for compensation.(a)
To qualify for a limited license and for compensation from the Department, the provider must:(A)
Submit a completed provider enrollment agreement, application for a limited license, appropriate licensing fee, physician’s statement, and a background check in regards to criminal records, founded abuse of children, and substantiated abuse of an adult;(B)
Demonstrate a clear understanding of the individual’s care, service, and support needs;(C)
Acquire any additional training necessary to meet the specific care, service, and support needs of the individual;(D)
Meet the standards of an AFH-DD;(E)
Meet minimal fire safety compliance including the installation of smoke alarms, carbon monoxide alarms, and fire extinguishers; and(F)
Obtain any training deemed necessary by the Department to provide adequate care and services to support the individual.(b)
A limited license is limited to the care and services of the individual named on the license only and may not be transferred to another individual.(7)
PROVISIONAL LICENSE. Any AFH-DD that meets the definition of a provisional license, due to an emergency situation in which the licensed provider is no longer able to oversee the operation of the AFH-DD, must be licensed by the Department. The applicant for the provisional license must meet the standards in OAR 411-360-0070 (Classification) and 411-360-0110 (Qualifications for AFH-DD Providers, Resident Managers, and Caregivers).
Source:
Rule 411-360-0040 — License Required, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-360-0040.