Health Care Facilities

ORS 441.286
Grounds for appointment of trustee

There are grounds for the appointment of a trustee under ORS 441.281 (Petition for appointment of trustee) if a court finds that the health and welfare of patients in a facility are or in the immediate future will be in jeopardy and the finding is based on one or more of the following:

(1)

Prior inspections or investigations of complaints by the Department of Human Services revealed that the facility was not in compliance with rules of the department and the department’s attempts to bring the facility into compliance are unsuccessful.

(2)

The health and welfare of patients at the facility are in jeopardy due to continued noncompliance of the facility over a seven-day period after an inspection or investigation of a complaint, demonstrated by one or more of the following:

(a)

Physicians’ orders are not being followed correctly.

(b)

Direct patient care is lacking or inadequate to the point that a patient has suffered or is suffering physical harm.

(c)

The levels of staffing are deficient to the point of causing physical or mental harm to a patient.

(d)

The department has determined that a physical injury to a patient of a facility has been caused by other than accidental means and the licensee has not taken necessary action.

(3)

The licensee is unwilling or unable to upgrade the quality of patient care to the level necessary to protect the health and welfare of the patients.

(4)

The facility is insolvent.

(5)

The department has revoked or suspended the license of the facility.

(6)

The licensee intends to cease operations and to close the facility and has not made adequate arrangements for relocation of the patients.

(7)

The monitors are refused access to the facility.

(8)

The licensee agreed to the appointment of a temporary manager under ORS 441.333 (Appointment of temporary manager), but subsequently revoked consent for a temporary manager or is interfering with the ability of the temporary manager to operate the facility. [1981 c.868 §3; 1985 c.648 §2; 1987 c.428 §19; 2009 c.539 §2]
§§ 441.277 to 441.323

Law Review Citations

18 WLR 135 (1982)

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

Source

Last accessed
Jun. 26, 2021

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