ORS 443.735
Issuance of license

  • fee
  • standards
  • renewal
  • burden of proof
  • rules

(1)

Intentionally left blank —Ed.

(a)

Applications for a license to maintain and operate an adult foster home shall be made on forms provided by the licensing agency.

(b)

Each application submitted to the Department of Human Services for an adult foster home serving individuals with intellectual or developmental disabilities shall be accompanied by a fee of $50 per bed requested for licensing.

(c)

Each application submitted to the Oregon Health Authority, or to the Department of Human Services for an adult foster home not serving individuals with intellectual or developmental disabilities, shall be accompanied by a fee of $20 per bed requested for licensing.

(2)

Upon receipt of an application and fee, the licensing agency shall conduct an investigation.

(3)

The licensing agency shall not issue an initial license unless:

(a)

The applicant and adult foster home are in compliance with ORS 443.002 (Providers with multiple facilities) and 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) and the rules of the licensing agency;

(b)

The licensing agency has completed an inspection of the adult foster home;

(c)

The licensing agency has completed a criminal records check under ORS 181A.195 (Criminal records check) on the applicant and any person, other than a resident, 16 years of age or older who will be residing in the adult foster home. The criminal records check shall be conducted in accordance with rules adopted under ORS 181A.195 (Criminal records check);

(d)

The licensing agency has determined that the registry maintained under ORS 441.678 (Review of finding that nursing assistant responsible for abuse) contains no finding that the applicant or any nursing assistant employed by the applicant has been responsible for abuse; and

(e)

The applicant has demonstrated to the licensing agency the financial ability and resources necessary to operate the adult foster home. The licensing agency shall adopt rules as the agency deems appropriate that establish the financial standards an applicant must meet to qualify for issuance of a license and that protect financial information from public disclosure. The demonstration of financial ability under this paragraph shall include, but need not be limited to, providing the licensing agency with a list of any unsatisfied judgments, pending litigation and unpaid taxes and notifying the agency regarding whether the applicant is in bankruptcy. If the applicant is unable to demonstrate the financial ability and resources required by this paragraph, the licensing agency may require the applicant to furnish a financial guarantee as a condition of initial licensure.

(4)

The licensing agency may not renew a license under this section unless:

(a)

The applicant and the adult foster home are in compliance with ORS 443.002 (Providers with multiple facilities), 443.012 (Disease outbreak and infection control training and protocols) and 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) and the rules of the licensing agency;

(b)

The licensing agency has completed an inspection of the adult foster home;

(c)

The licensing agency has completed a criminal records check under ORS 181A.195 (Criminal records check) on the applicant and any person, other than a resident, 16 years of age or older who will be residing in the adult foster home. The criminal records check under this paragraph shall be conducted in accordance with rules adopted under ORS 181A.195 (Criminal records check); and

(d)

The licensing agency has determined that the registry maintained under ORS 441.678 (Review of finding that nursing assistant responsible for abuse) contains no finding that the applicant or any nursing assistant employed by the applicant has been responsible for abuse.

(5)

Intentionally left blank —Ed.

(a)

In seeking an initial license and renewal of a license when an adult foster home has been licensed for less than 24 months, the burden of proof shall be upon the provider and the adult foster home to establish compliance with ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) and the rules of the licensing agency.

(b)

In proceedings for renewal of a license when an adult foster home has been licensed for at least 24 continuous months, the burden of proof shall be upon the licensing agency to establish noncompliance with ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) and the rules of the agency.

(6)

Intentionally left blank —Ed.

(a)

Persons who have been convicted of one or more crimes that, as determined by rules of the licensing agency, are substantially related to the qualifications, functions or duties of a provider, substitute caregiver or other household member of an adult foster home shall be prohibited from operating, working in or residing in an adult foster home.

(b)

The licensing agency shall adopt rules that distinguish the criminal convictions and types of abuse that permanently prohibit a person from operating, working in or living in an adult foster home from the convictions and types of abuse that do not permanently prohibit the person from operating, working in or living in an adult foster home.

(c)

A provider may not hire, retain in employment or allow to live in an adult foster home, other than as a resident, any person who the provider knows has been convicted of a disqualifying crime or has been found responsible for a disqualifying type of abuse.

(7)

A license under ORS 443.725 (License required) is effective for one year from the date of issue unless sooner revoked. Each license shall state the name of the resident manager of the adult foster home, the names of all providers who own the adult foster home, the address of the premises to which the license applies, the maximum number of residents and the classification of the adult foster home. If, during the period covered by the license, a resident manager changes, the provider must within 15 days request modification of the license. The request must be accompanied by a fee of $10.

(8)

No license under ORS 443.725 (License required) is transferable or applicable to any location, persons operating the adult foster home or the person owning the adult foster home other than that indicated on the application for licensing.

(9)

The licensing agency shall not issue a license to operate an additional adult foster home to a provider unless the provider has demonstrated the qualifications and capacity to operate the provider’s existing licensed adult foster homes and has demonstrated the ability to provide to the residents of those adult foster homes care that is adequate and substantially free from abuse and neglect.

(10)

Intentionally left blank —Ed.

(a)

All moneys collected under ORS 443.725 (License required) to 443.780 (Exemption where county has licensing and inspection program) from adult foster homes that are licensed to serve persons with mental, emotional or behavioral disturbances or alcohol or drug dependence shall be deposited in a special account in the General Fund, and are appropriated continuously for payment of expenses incurred by the Oregon Health Authority.

(b)

All moneys collected under ORS 443.725 (License required) to 443.780 (Exemption where county has licensing and inspection program) from adult foster homes licensed to serve persons who are elderly, have physical disabilities or have developmental disabilities shall be deposited in the Quality Care Fund established in ORS 443.001 (Quality Care Fund).

(11)

Notwithstanding any other provision of this section or ORS 443.725 (License required) or 443.738 (Educational standards for providers, managers and caregivers), the licensing agency may issue a 60-day provisional license to a qualified person if the agency determines that an emergency situation exists after being notified that the licensed provider of an adult foster home is no longer overseeing operation of the adult foster home. [1983 c.629 §4; 1985 c.663 §4; 1991 c.960 §5; 1995 c.180 §2; 1995 c.667 §10; 1999 c.205 §1; 2001 c.900 §189; 2005 c.730 §24; 2009 c.418 §4; 2009 c.595 §791f; 2009 c.828 §§20,89a; 2017 c.707 §6; 2019 c.592 §7]

Source: Section 443.735 — Issuance of license; fee; standards; renewal; burden of proof; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html.

443.001
Quality Care Fund
443.002
Providers with multiple facilities
443.004
Criminal records check required for employees and volunteers providing direct care
443.006
Criminal background check registry
443.007
Disqualification of individuals found to have committed abuse
443.008
Fitness determinations
443.011
Training requirements for in-home care service providers
443.012
Disease outbreak and infection control training and protocols
443.014
Definitions for ORS 443.014 to 443.105
443.015
License required
443.019
Requirement for in-person site inspection
443.025
Hospitals exempt from certain requirements if standards are met
443.035
License fees
443.045
Denial, suspension and revocation of licenses
443.055
Governing body of home health agencies
443.065
General requirements for home health agencies
443.075
Services and supplies prescribed by physician, naturopathic physician, physician assistant or nurse practitioner
443.085
Home health services
443.090
Exemption from in-home care agency licensing requirements
443.095
Applicability of laws to domestic service
443.100
License required for caregiver registry
443.105
Caregiver registries
443.205
Definitions for ORS 443.215 and 443.225
443.215
Policy
443.225
Location and capacity of domiciliary care facilities
443.305
Definitions for ORS 443.305 to 443.350
443.315
License required
443.325
Grounds for denial, suspension or revocation of license
443.327
Injunctive relief
443.340
Rules
443.345
Disposition of moneys
443.350
Applicability
443.355
Complaint procedures
443.370
Definitions for ORS 443.370 to 443.376
443.373
Registration to provide long term care referrals
443.376
Duties of referral agents
443.378
Housing with services projects
443.380
Definitions for ORS 443.380 to 443.394
443.382
Residential Facilities Ombudsman
443.384
Agencies to provide information and support
443.386
Designees of ombudsman
443.388
Authority of ombudsman and designees
443.390
Complaints
443.392
Notice of complaint procedures
443.394
Procedures to maintain confidentiality
443.396
Gifts, grants and donations
443.400
Definitions for ORS 443.400 to 443.455
443.405
Exclusions from definition of “residential facility.”
443.410
Single license required
443.415
License applications
443.416
Inspection of facilities
443.417
Annual kitchen inspection
443.419
License revocations, suspensions or conditions
443.420
Qualifications for license
443.421
Revocation and suspension of licenses
443.422
Siting of licensed residential facilities
443.424
Expansion of capacity of residential care facilities and adult foster homes
443.425
License term
443.430
Transferability of license
443.431
Conversion facilities
443.432
Acuity-based staffing tool
443.433
Direct care staff training in dementia care
443.434
Staffing data
443.436
Enhanced oversight and supervision program
443.439
Increases in compensation of direct support professionals
443.441
Assessment of sufficient numbers of direct care staff
443.443
Information provided upon application for admission
443.444
Information provided upon admission
443.445
Persons admissible at facilities and homes
443.446
Residential Care Quality Measurement Program
443.447
Quality Measurement Council
443.448
Choice of prescription and nonprescription drugs and supplies
443.449
Prescription drug packaging
443.450
Rules
443.452
Waiver procedure
443.453
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited
443.455
Civil penalties
443.460
Exemptions
443.465
Secure residential treatment homes and facilities
443.480
Definitions for ORS 443.480 to 443.500
443.485
Registration required
443.490
Waiver of registration
443.495
Exemptions
443.500
Investigation of registered facilities
443.705
Definitions for ORS 443.705 to 443.825
443.715
Exclusions from definition of “adult foster home.”
443.720
Findings of Legislative Assembly
443.725
License required
443.730
Information regarding substitute caregivers required
443.733
Collective bargaining
443.734
Adult foster home license classifications
443.735
Issuance of license
443.738
Educational standards for providers, managers and caregivers
443.739
Rights of residents
443.740
Information on licensed adult foster homes
443.742
Annual continuing education requirements
443.743
Training in dementia care
443.745
Denial, suspension or revocation
443.755
Entry and inspection of homes
443.760
Application of single family dwelling code requirements to home
443.762
Information provided upon admission
443.765
Complaint procedure
443.766
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited
443.767
Investigation of complaint
443.769
Public disclosure of investigatory information
443.775
Rules
443.777
Prescription drug packaging
443.780
Exemption where county has licensing and inspection program
443.785
Admission of Medicaid recipients
443.790
Authority to impose civil penalty
443.795
Civil penalty
443.815
Judicial review of penalties
443.825
Disposition of penalties recovered
443.830
Definitions for ORS 443.830 and 443.835
443.835
Certificate required
443.850
Definitions for ORS 443.850 to 443.869
443.860
License required
443.861
Moneys to be deposited to Public Health Account
443.864
Suspension, revocation or denial of license
443.867
In-home care agency license not required for licensed hospice program to provide palliative care
443.869
Civil penalties
443.875
Notice of substantiated abuse
443.878
Psychotropic medications
443.880
Responsibilities of residential facility regarding property of resident
443.881
Transfer of property
443.886
Memory care endorsement required
443.887
Definitions
443.889
Use of acuity-based staffing tool
443.895
Exemption from ad valorem property taxation for certain facilities
443.991
Penalties
Green check means up to date. Up to date