ORS 443.878
Psychotropic medications

  • rules

(1)

As used in this section:

(a)

“Elderly person” means a person who is 65 years of age or older;

(b)

“Person with a disability” has the meaning given that term in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619); and

(c)

“Psychotropic medication” has the meaning given that term in ORS 418.517 (Procedures for use of psychotropic medications for children in foster care).

(2)

The Department of Human Services, in collaboration with the State Board of Pharmacy, the Oregon Medical Board, the Oregon State Board of Nursing and the Long Term Care Ombudsman, shall adopt rules related to the prescription of a psychotropic medication to an elderly person or a person with a disability who resides in:

(a)

An adult foster home, as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825);

(b)

A residential care facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455); or

(c)

A long term care facility, as defined in ORS 442.015 (Definitions).

(3)

The requirements of this section do not apply to an elderly person or person with a disability in a hospice program, as defined in ORS 443.850 (Definitions for ORS 443.850 to 443.869).

(4)

The rules adopted under subsection (2) of this section must include, but are not limited to, requirements that:

(a)

If a prescription of psychotropic medication is written by a licensed health care practitioner other than the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability, the prescription must be reviewed by the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability to:

(A)

Limit the adverse side effects of the psychotropic medication; and

(B)

Ensure that the psychotropic medication is prescribed in the lowest possible effective dosage;

(b)

A licensed health care practitioner other than the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability who prescribes a psychotropic medication notify the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability of the prescription not later than 24 hours after issuing the prescription;

(c)

Psychotropic medication prescribed by a licensed health care practitioner other than the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability may be in an amount sufficient for a seven-day supply; and

(d)

The facility or home in which the elderly person or person with a disability resides demonstrates that:

(A)

A person-centered assessment has been performed for the elderly person or person with a disability; and

(B)

Based on the findings of the assessment, the best course of treatment, including the use of nonpharmacological interventions, psychotropic medication or a combination of nonpharmacological interventions and psychotropic medication, is followed.

(5)

The department may adopt other rules necessary to carry out the provisions of this section. [2017 c.503 §1]
Note: 443.878 (Psychotropic medications) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 443.878 — Psychotropic medications; 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

Current through early 2024

§ 443.878’s source at oregon​.gov