Or. Admin. R. 309-040-0430 - Conditions

(1) Conditions may be attached to a license upon a finding that:

(a) Information on the application or initial inspection requires a condition to protect the health and safety of individuals;

(b) There exists a threat to the health, safety, and welfare of an individual;

(c) There is reliable evidence of abuse or neglect of an individual;

(d) The AFH is substantially non-compliant with these rules; or

(e) The provider is licensed to care for a specific individual only and further placements may not be made to the AFH.

(2) The provider shall be notified in writing of any conditions imposed, the reason for the conditions, and be given an opportunity to request a contested case hearing under ORS chapter 183.

(3) Conditions may be attached to a license upon a finding that:

(a) Information on the application or initial inspection requires a condition to protect the health and safety of individuals, pending further action by the Division;

(b) There exists a threat to the health, safety, and welfare of an individual, pending further action by the Division or Division designee;

(c) There is reliable evidence of abuse or neglect of an adult, pending further action by the Division;

(d) The AFH is substantially non-compliant with these rules, pending further action by the Division.

(4) Conditions that may be imposed on a licensee include but are not limited to the following:

(a) Restricting the maximum capacity of the AFH;

(b) Restricting the number and impairment level of individuals allowed based upon the capacity of the caregivers to meet the health and safety needs of all residents;

(c) Requiring an additional caregiver or caregiver qualifications;

(d) Requiring additional training of caregivers;

(e) Requiring additional documentation as deemed necessary by the Division;

(f) Restricting a provider from opening an additional AFH; or

(g) Suspending admissions to the AFH.

(5) The provider shall be notified in writing of any conditions imposed, the reason for the conditions, and be given an opportunity to request a contested case hearing under ORS chapter 183.

(6) In addition to or in lieu of a contested case hearing, a provider may request in writing a review by the Division administrator or designee of conditions imposed by the Division or CMHP. The review does not diminish the provider's right to a hearing or extend the time period to request a hearing.

(7) Conditions may be imposed for the extent of the license period (one year), extended to the next license period, or limited to some other shorter period of time as deemed necessary by the Division. If the conditions correspond to the licensing period, the reasons for the conditions may be considered at the time of renewal to determine if the conditions are still appropriate. The effective date and expiration date of the conditions shall be indicated on the attachment to the license.

(8) Conditions attached to a license shall be effective upon order of the director of the licensing agency.

(9) Hearing rights are in accordance with ORS 183.411 to 183.550.

Notes

Or. Admin. R. 309-040-0430

MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92 ); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0093, MHD 3-2005, f. & cert. ef. 4-1-05; MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17; MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 9-2017, f. 6-29-17, cert. ef. 7/1/2017; MHS 12-2017, temporary amend filed 10/03/2017, effective 10/03/2017 through 03/30/2018; BHS 6-2018, amend filed 03/21/2018, effective 3/30/2018

Statutory/Other Authority: ORS 413.042 & ORS 443.745

Statutes/Other Implemented: ORS 443.705 - 443.825