ORS 443.738
Educational standards for providers, managers and caregivers

  • rules
  • exception
  • duties of providers

(1)

Except as provided in subsection (3) of this section, all providers, resident managers and substitute caregivers for adult foster homes shall satisfactorily meet all educational requirements established by the licensing agency. After consultation with representatives of providers, educators, residents’ advocates and the Long Term Care Ombudsman or the Residential Facilities Ombudsman, the licensing agency shall adopt by rule standards governing the educational requirements. The rules shall require that a person may not provide care to any resident prior to acquiring education or supervised training designed to impart the basic knowledge and skills necessary to maintain the health, safety and welfare of the resident. Each provider shall document compliance with the educational requirements for persons subject to the requirements.

(2)

The rules required under subsection (1) of this section shall include but need not be limited to the following:

(a)

A requirement that, before being licensed, a provider successfully completes training that satisfies a defined curriculum, including demonstrations and practice in physical caregiving, screening for care and service needs, appropriate behavior toward residents with physical, cognitive and mental disabilities and issues related to architectural accessibility;

(b)

A requirement that a provider pass a test before being licensed or becoming a resident manager. The test shall evaluate the ability to understand and respond appropriately to emergency situations, changes in medical conditions, physicians’ orders and professional instructions, nutritional needs, residents’ preferences and conflicts; and

(c)

A requirement that, after being licensed, a provider or resident manager successfully completes continuing education as described in ORS 443.742 (Annual continuing education requirements).

(3)

After consultation with representatives of providers, educators, residents’ advocates and the Long Term Care Ombudsman or the Residential Facilities Ombudsman, the licensing agency may adopt by rule exceptions to the training requirements of subsections (1) and (2) of this section for persons who are appropriately licensed medical care professionals in Oregon or who possess sufficient education, training or experience to warrant an exception. The licensing agency may not make any exceptions to the testing requirements.

(4)

The licensing agency may permit a person who has not completed the training or passed the test required in subsection (2)(a) and (b) of this section to act as a resident manager until the training and testing are completed or for 60 days, whichever is shorter, if the licensing agency determines that an unexpected and urgent staffing need exists. The licensed provider must notify the licensing agency of the situation and demonstrate that the provider is unable to find a qualified resident manager, that the person has met the requirements for a substitute caregiver for the adult foster home and that the provider will provide adequate supervision.

(5)

Providers shall serve three nutritionally balanced meals to residents each day. A menu for the meals for the coming week shall be prepared and posted weekly.

(6)

Providers shall make available at least six hours of activities each week which are of interest to the residents, not including television or movies. The licensing agency shall make information about resources for activities available to providers upon request. Providers or substitute caregivers shall be directly involved with residents on a daily basis.

(7)

Providers shall give at least 30 days’ written notice to the residents, and to the legal representative, guardian or conservator of any resident, before selling, leasing or transferring the adult foster home business or the real property on which the adult foster home is located. Providers shall inform real estate licensees, prospective buyers, lessees and transferees in all written communications that the license to operate an adult foster home is not transferable and shall refer them to the licensing agency for information about licensing.

(8)

If a resident dies or leaves an adult foster home for medical reasons and indicates in writing the intent to not return, the provider may not charge the resident for more than 15 days or the time specified in the provider contract, whichever is less, after the resident has left the adult foster home. The provider has an affirmative duty to take reasonable actions to mitigate the damages by accepting a new resident. However, if a resident dies or leaves an adult foster home due to neglect or abuse by the provider or due to conditions of imminent danger to life, health or safety, the provider may not charge the resident beyond the resident’s last day in the home. The provider shall refund any advance payments within 30 days after the resident dies or leaves the adult foster home.

(9)

Chemical and physical restraints may be used only after considering all other alternatives and only when required to treat a resident’s medical symptoms or to maximize a resident’s physical functioning. Restraints may not be used for discipline of a resident or for the convenience of the adult foster home. Restraints may be used only as follows:

(a)

Psychoactive medications may be used only pursuant to a prescription that specifies the circumstances, dosage and duration of use.

(b)

Physical restraints may be used only pursuant to a qualified practitioner’s order that specifies the type, circumstances and duration of use in accordance with rules adopted by the licensing agency. The rules adopted by the licensing agency relating to physical restraints shall include standards for use and training.

(10)

If the physical characteristics of the adult foster home do not encourage contact between caregivers and residents and among residents, the provider shall demonstrate how regular positive contact will occur. Providers may not place residents who are unable to walk without assistance in a basement, split-level, second story or other area that does not have an exit at ground level. Nonambulatory residents shall be given first floor rooms.

(11)

Intentionally left blank —Ed.

(a)

The provider may not transfer or discharge a resident from an adult foster home unless the transfer or discharge is necessary for medical reasons, for the welfare of the resident or for the welfare of other residents, or due to nonpayment. In such cases, the provider shall give the resident written notice as soon as possible under the circumstances.

(b)

The provider shall give the resident and the resident’s legal representative, guardian or conservator written notice at least 30 days prior to the proposed transfer or discharge, except in a medical emergency including but not limited to a resident’s experiencing an increase in level of care needs or engaging in behavior that poses an imminent danger to self or others. In such cases, the provider shall give the resident written notice as soon as possible under the circumstances.

(c)

The resident has the right to an administrative hearing prior to an involuntary transfer or discharge. If the resident is being transferred or discharged for a medical emergency, or to protect the welfare of the resident or other residents, as defined by rule, the hearing must be held within seven days of the transfer or discharge. The provider shall hold a space available for the resident pending receipt of an administrative order. ORS 441.605 (Legislative declaration of rights intended for residents) (4) and the rules thereunder governing transfer notices and hearings for residents of long term care facilities shall apply to adult foster homes.

(12)

The provider may not include any illegal or unenforceable provision in a contract with a resident and may not ask or require a resident to waive any of the resident’s rights.

(13)

Any lessor of a building in which an adult foster home is located may not interfere with the admission, discharge or transfer of any resident in the adult foster home unless the lessor is a provider or coprovider on the license. [1991 c.960 §3; 1995 c.180 §3; 1995 c.667 §11; 2001 c.300 §70; 2003 c.14 §260; 2005 c.226 §1; 2009 c.595 §791g; 2017 c.441 §27]

Source: Section 443.738 — Educational standards for providers, managers and caregivers; rules; exception; duties of providers, 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

Current through early 2024

§ 443.738’s source at oregon​.gov