Or. Admin. R. 411-085-0005 - [Effective until 9/27/2024] Definitions
Unless the context requires otherwise, the following definitions apply to the rules in OAR chapter 411, divisions 70, 85, 86, and 89:
(1) "AAA" means "Area Agency on
Aging" as defined in this rule.
(2)
"Abuse" means:
(a) Any physical injury to a
resident that has been caused by other than accidental means. This includes
injuries a reasonable and prudent individual is able to prevent, such as
hitting, pinching or striking, or injury resulting from rough
handling.
(b) Failure to provide
basic care or services to a resident that results in physical harm,
unreasonable discomfort, or serious loss of human dignity.
(c) Sexual contact with a resident, including
fondling, caused by an employee, agent, or other resident of a long-term care
facility by force, threat, duress or coercion, or sexual contact where the
resident has no ability to consent.
(d) Illegal or improper use of a resident's
resources for the personal profit or gain of another individual, borrowing
resident funds, spending resident funds without the resident's consent, or if
the resident is not capable of consenting, spending resident funds for items or
services from which the resident is unable to benefit or appreciate, or
spending resident funds to acquire items for use in common areas when such
purchase is not initiated by the resident.
(e) Verbal abuse as prohibited by federal
law, including the use of oral, written, or gestured communication to a
resident or visitor that describes a resident in disparaging or derogatory
terms.
(f) Mental abuse as
prohibited by law including humiliation, harassment, threats of punishment, or
deprivation, directed toward the resident.
(g) Corporal punishment.
(h) Involuntary seclusion for convenience or
discipline.
(3) "Abuse
Complaint" means any oral or written communication to the Department, one of
the Department's agents, or a law enforcement agency alleging abuse.
(4) "Activities Program" means services
offered to each resident that encourage the resident to participate in physical
and mental exercises that are designed to maintain or improve physical and
mental well-being and social skills.
(5) "Acute Sexual Assault" means any
non-consensual or unwanted sexual contact that warrants medical treatment or
forensic collection.
(6)
"Applicant" means the individual required to complete a nursing facility
application for a license. Applicant includes a sole proprietor, each partner
in a partnership, or the corporation that owns the nursing facility business.
Applicant also includes a sole proprietor, each partner in a partnership, or a
corporation that operates a nursing facility on behalf of the nursing facility
business owner.
(7) "Area Agency on
Aging (AAA)" means the Department designated agency charged with the
responsibility to provide a comprehensive and coordinated system of service to
individuals in a planning and service area.
(8) "Aging and People with Disabilities"
means the program area of Aging and People with Disabilities, within the
Department of Human Services.
(9)
"APD" means "Aging and People with Disabilities."
(10) "Assessment" means a written evaluation
of a resident's abilities, condition, and needs based upon resident interview,
observation, clinical and social records, and other available sources of
information.
(11) "Bariatric rate"
means a rate paid for a Medicaid resident of a nursing facility if the resident
meets the criteria described in OAR
411-070-0087.
(12) "Care" means services required to
maximize resident independence, personal choice, participation, health,
self-care, and psychosocial functioning, as well as to provide reasonable
safety, all consistent with the preferences of the resident.
(13) "Certified Medication Aide" means
"certified medication assistant" as defined in this rule.
(14) "Certified Medication Assistant" means a
certified nursing assistant who has been certified as a medication assistant or
medication aide pursuant to ORS chapter 678 and the rules adopted
thereunder.
(15) "Certified Nursing
Assistant" means an individual who has been certified as a nursing assistant
pursuant to ORS chapter 678 and the rules adopted thereunder.
(16) "Change of Operator" means "change of
ownership" as defined in this rule.
(17) "Change of Ownership" means a change in
the individual or entity that owns the facility business, a change in the
individual or entity responsible for the provision of services at the facility,
or both. Events that change ownership include, but are not limited to:
(a) A change in the form of legal
organization of the licensee;
(b)
Transfer of the title to the nursing facility enterprise by the owner to
another party;
(c) If the licensee
is a corporation, dissolution of the corporation, merger of the corporation
with another corporation, or consolidation of one or more corporations to form
a new corporation;
(d) If the
licensee is a partnership, any event that dissolves the partnership;
(e) Any lease, management agreement, or other
contract or agreement that results in a change in the legal entity responsible
for the provision of services at the facility; or
(f) Any other event that results in a change
of the operating entity.
(18) "Control Interest" means "management" as
defined in this rule.
(19) "Day
Care Resident" means an individual who is not bedfast who receives services and
care in a nursing facility for not more than 16 hours per day.
(20) "Department" means the Department of
Human Services (DHS).
(21) "Drug"
has the same meaning set forth in ORS chapter 689.005.
(22) "Entity" means "Individual" as defined
in this rule.
(23) "Establish a
Nursing Facility" means to possess or hold an incident of ownership in a
nursing facility business.
(24)
"Facility" means an establishment that is licensed and certified by the
Department as a nursing facility.
(25) "Facility Fund" means a fund created
under ORS 441.303 to meet expenses
relating to the appointment of a trustee under ORS
441.277 to
441.323 or the appointment of a
temporary manager under ORS
441.333 for a nursing facility
or a residential care facility.
(26) "Gender expression" means an
individual's gender-related appearance and behavior, whether or not these are
stereotypically associated with the sex the individual was assigned at
birth.
(27) "Gender identity" means
an individual's internal, deeply held knowledge or sense of the individual's
gender, regardless of physical appearance, surgical history, genitalia, legal
sex, sex assigned at birth or name and sex as it appears in medical records or
as it is described by any other individual, including a family member,
conservator or legal representative of the individual. An individual's gender
identity is the last gender identity expressed by an individual who lacks the
present ability to communicate.
(28) "Gender nonconforming" means having a
gender expression that does not conform to stereotypical expectations of one's
gender.
(29) "Gender transition"
means a process by which an individual begins to live according to that
individual's gender identity rather than the sex the person was assigned at
birth. The process may or may not include changing the individual's clothing,
appearance, name or identification documents or undergoing medical
treatments.
(30) "Harass" or
"harassment" means to act in a manner that is unwanted, unwelcomed or
uninvited, or that demeans, threatens or offends a resident.
(a) This includes bullying, denigrating or
threatening a resident based on a resident's actual or perceived status as a
member of one of the protected classes in Oregon, as provided:
(A) Race.
(B) Color.
(C) National origin.
(D) Religion.
(E) Disability.
(F) Sex (includes pregnancy).
(G) Sexual orientation.
(H) Gender identity.
(I) Age.
(J) Marital status
(b) An example of "harassment" includes, but
is not limited to, requiring a resident to show identity documents in order to
gain entrance to a restroom or other area of a facility that is available to
other individuals of the same gender identity as the resident.
(31) "Health Care Facility" means
a health care facility as defined in ORS
442.015, a residential care
facility as defined in ORS
443.400, and an adult foster
home as defined in ORS
443.705.
(32) "Hearing" means a contested case hearing
according to the Administrative Procedures Act and the rules of the
Department.
(33) "Incident of
Ownership" means:
(a) An ownership
interest;
(b) An indirect ownership
interest; or
(c) A combination of
direct and indirect ownership interest.
(34) "Indirect Ownership Interest" means an
ownership interest in an entity that has an ownership interest in another
entity. Indirect ownership interest includes an ownership interest in an entity
that has an indirect ownership interest in another entity.
(35) "Individual" means an entity including
an individual, a trust, an estate, a partnership, a corporation, or a state or
governmental unit as defined in ORS
442.015 including associations,
joint stock companies, insurance companies, the state, or a political
subdivision or instrumentality, including a municipal corporation.
(36) "Inpatient Beds" means a bed in a
facility available for occupancy by a resident who is cared for and treated on
an overnight basis.
(37)
"Inspection" means any on-site visit to the facility by anyone designated by
the Secretary of the U.S. Department of Health and Human Services, the
Department, or a "Type B" Area Agency on Aging and includes, but is not limited
to, a licensing inspection, certification inspection, financial audit, Medicaid
Fraud Unit review, monitoring, or complaint investigation.
(38) "Legal Representative" means an attorney
at law, the individual holding a general power of attorney or special power of
attorney for health care, a guardian, a conservator, any individual appointed
by a court to manage the personal or financial affairs of a resident, or an
individual or agency legally responsible for the welfare or support of a
resident other than the facility.
(39) "LGBTQIA2S+" means lesbian, gay,
bisexual, transgender, queer, intersex, asexual, Two Spirit, nonbinary or other
minority gender identity or sexual orientation. These terms are defined below:
(a) "Lesbian" means the sexual orientation of
a person who is female, feminine or nonbinary and who is physically,
romantically or emotionally attracted to other women. Some lesbians may prefer
to identify as gay, a gay woman, queer or in other ways.
(b) "Gay" means the sexual orientation of a
person attracted to people of the same gender. Although often used as an
umbrella term, it is used more specifically to describe men attracted to
men.
(c) "Bisexual" means a person
who has the potential to be physically, romantically and/or emotionally
attracted to people of more than one gender, not necessarily at the same time,
in the same way or to the same degree.
(d) "Transgender" means having a gender
identity or gender expression that differs from the sex one was assigned at
birth, regardless of whether one has undergone or is in the process of
undergoing gender-affirming care. Being transgender does not imply any specific
sexual orientation. Therefore, transgender people may identify as straight,
gay, lesbian, bisexual, etc.
(e)
"Queer" means individuals who do not identify as exclusively straight or
individuals who have non-binary or gender-expansive identities and is often
used as a catch-all to refer to the LGBTQIA2S+ population as a whole. This term
was previously used as a slur but has been reclaimed by many parts of the
LGBTQIA2S+ movement. It can also include transgender people who identify as
male or female. The term should only be used to refer to a specific person if
that person self-identifies as queer.
(f) "Intersex" means someone born with a
variety of differences in their sex traits and reproductive anatomy. Intersex
traits greatly vary, including differences in, but limited to, hormone
production and reproductive anatomy.
(g) "Asexual" or "Ace" means a complete or
partial lack of sexual attraction or lack of interest in sexual activity with
others. Asexuality exists on a spectrum, and asexual people may experience no,
little or conditional sexual attraction. Many people who are asexual still
identify with a specific romantic orientation.
(h) "2S" or "Two-Spirit" means a term used
within some Indigenous communities, encompassing cultural, spiritual, sexual
and gender identity. The term reflects complex indigenous understandings of
gender roles, spirituality, and the long history of sexual and gender diversity
in Indigenous cultures. The definition and common use of the term two-spirit
may vary among Tribes and Tribal communities.
(i) The "+" means all other identities and
expressions of gender, romantic and sexual orientation, including minority
gender identities.
(j) "Nonbinary"
means a person who does not identify exclusively as a man or a woman. Nonbinary
people may identify as being both a man and a woman, somewhere in between, or
as falling completely outside these categories. While many also identify as
transgender, not all nonbinary people do. Nonbinary can also be used as an
umbrella term encompassing identities such as agender, bigender, genderqueer or
gender-fluid.
(40)
"Licensed Nurse" means a registered nurse or a licensed practical
nurse.
(41) "Licensed Practical
Nurse (LPN)" means an individual licensed under ORS chapter 678 to practice
practical nursing.
(42) "Licensee"
means the applicant to whom a nursing facility license has been
issued.
(43) "Local Designee of the
Department" means the local unit of the Department or the Area Agency on
Aging.
(44) "Long Term Care
Facility" means "nursing facility" as defined in this rule.
(45) "LPN" means "licensed practical nurse"
as defined in this rule.
(46)
"Maintain a Nursing Facility" means "establish a nursing facility" as defined
in this rule.
(47) "Major
Alteration" means change other than repair or replacement of building materials
or equipment with materials and equipment of a similar type.
(48) "Management" means:
(a) Possessing the right to exercise
operational or management control over, or to directly or indirectly conduct
the day-to-day operation of, an institution, organization, or agency;
or
(b) An interest as an officer or
director of an institution, organization, or agency organized as a
corporation.
(49) "New
Construction" means:
(a) A new
building;
(b) An existing building
or part of a building that is not currently licensed as a nursing
facility;
(c) A part of an existing
building that is not currently licensed for the purpose for which such part is
proposed to be licensed, such as, rooms that are proposed to be licensed as
nursing facility resident rooms, but are not currently licensed as nursing
facility resident rooms;
(d) A
major alteration to an existing building;
(e) An addition to an existing
building;
(f) A conversion in use;
or
(g) Renovation or remodeling of
an existing building.
(50) "NFPA" means "National Fire Protection
Association".
(51) "Nurse Aide"
means "nursing assistant" as defined in this rule.
(52) "Nurse Practitioner" means an individual
certified under ORS chapter 678 as a nurse practitioner.
(53) "Nursing Assessment" means evaluation of
fluids, nutrition, bowel or bladder elimination, respiration, circulation,
skin, vision, hearing, musculoskeletal systems, allergies, personal hygiene,
mental status, communicative skills, safety needs, rest, sleep, comfort, pain,
other appropriate measures of physical status, and medication and treatment
regimes. Nursing assessment includes data collection, comparison with previous
data, analysis or evaluation of that data, and utilization of available
resource information.
(54) "Nursing
Assistant" means an individual who assists licensed nurses in the provision of
nursing care services. "Nursing Assistant" includes, but is not limited to, a
certified nursing assistant, a certified medication assistant, and individuals
who have successfully completed a state approved nurse assistant training
course.
(55) "Nursing Care" means
direct and indirect care provided by a registered nurse, licensed practical
nurse, or nursing assistant.
(56)
"Nursing Facility" means an establishment with permanent facilities, including
inpatient beds, that provides medical services, including nursing services, but
excluding surgical procedures, and that provides care and treatment for two or
more unrelated residents. In this definition, "treatment" means complex nursing
tasks that may not be delegated to an unlicensed individual. "Nursing Facility"
only includes facilities licensed and operated pursuant to ORS
441.020(2).
(57) "Nursing Facility Administrator" means
an individual licensed under ORS chapter 678 who is responsible to the licensee
and is responsible for planning, organizing, directing, and controlling the
operation of a nursing facility.
(58) "Nursing Facility Law" means ORS chapter
441 and the rules for nursing facilities adopted thereunder.
(59) "Nursing Home" means "nursing facility"
as defined in this rule.
(60)
"Nursing Staff" means registered nurses, licensed practical nurses, and nursing
assistants providing direct resident care in a facility.
(61) "The Office of Licensing and Regulatory
Oversight (OLRO)," through its Nursing Facility Licensing and Survey Units, is
the DHS office responsible for the licensing, inspections, surveys, sanctions,
and enforcement for non-compliance of nursing facilities, and with APD, is
jointly responsible for policy development.
(62) "Owner" means an individual with an
ownership interest.
(63) "Ownership
Interest" means the possession of equity in the capital, stock, or profits of
an entity.
(64) "Pharmacist" has
the same meaning as set forth in ORS
689.005.
(65) "Pharmacy" has the same meaning as set
forth in ORS 689.005.
(66) "Physician" means an individual licensed
under ORS chapter 677 as a physician.
(67) "Physician's Assistant" means an
individual registered under ORS chapter 677 as a physician's
assistant.
(68) "Podiatrist" means
an individual licensed under ORS chapter 677 to practice podiatry.
(69) "Prescription" has the same meaning as
set forth in ORS 689.005.
(70) "Public or Private Official" means:
(a) Physician, naturopathic physician,
osteopathic physician, chiropractor, podiatric physician, physician assistant,
or surgeon including any intern or resident;
(b) Licensed practical nurse, registered
nurse, nurse practitioner, nurse's aide, home health aide, or employee of an
in-home health agency;
(c) Employee
of the Department, Oregon Health Authority, Area Agency on Aging, county health
department, community mental health program, community developmental disability
program, or nursing facility;
(d)
Individual who contracts to provide services to a nursing facility;
(e) Peace officer;
(f) Clergy;
(g) Licensed clinical social worker,
psychologist, licensed professional counselor, or licensed marriage and family
therapist;
(h) Physical, speech, or
occupational therapist, respiratory therapist, audiologist, or speech language
pathologist;
(i) Senior center
employee;
(j) Information and
referral or outreach worker;
(k)
Any public official who comes in contact with elderly individuals in the
performance of the official's official duties;
(l) Firefighter or emergency medical
technician;
(m) Legal counsel for a
resident; or
(n) Guardian for, or
family member of, a resident.
(71) "Registered Nurse (RN)" means an
individual licensed under ORS chapter 678.
(72) "Rehabilitative Services" means
specialized services provided by a therapist or a therapist's assistant to a
resident to attain optimal functioning, including, but not limited to, physical
therapy, occupational therapy, speech and language therapy, and
audiology.
(73) "Relevant Evidence"
means factual information that tends to either prove or disprove the following:
(a) Whether abuse or other rule violation
occurred;
(b) How abuse or other
rule violation occurred; or
(c) Who
was involved in the abuse or other rule violation.
(74) "Resident" means an individual who has
been admitted, but not discharged from a facility.
(75) "Restorative Aide" means a certified
nursing assistant primarily assigned to perform therapeutic exercises and
activities to maintain or re-establish a resident's optimum physical function
and abilities according to the resident's restorative plan of care and pursuant
to OAR 411-086-0150.
(76) "Restorative Nursing" means "restorative
services" as defined in this rule.
(77) "Restorative Services" mean the measures
provided by nursing staff and directed toward re-establishing and maintaining a
residents' fullest potential.
(78)
"RN" means "registered nurse" as defined in this rule.
(79) "Safety" means the condition of being
protected from environmental hazards without compromise to a resident's or
legal guardian's choice, or undue sacrifice of a resident's
independence.
(80) "Sexual
orientation" means romantic or sexual attraction, or a lack of romantic or
sexual attraction, to other people.
(81) "Significant Other" means an individual
designated by the resident or by the court to act on behalf of the resident. If
the resident is not capable of such designation and there is no court-appointed
individual, then a significant other means a family member or friend who has
demonstrated consistent concern for the resident. No rule using this term is
intended to allow release of, or access to, confidential information to
individuals who are not otherwise entitled to such information, or to allow
such individuals to make decisions they are not entitled to make on behalf of a
resident.
(82) "Staff or "staff
person" means one or more individuals who are employed by the facility to
provide services or supports to residents or contract with or are employed by
an entity that contracts with the facility to provide services or supports to
residents.
(83) "Suspected Abuse"
means reasonable cause to believe abuse may have occurred.
(84) "Transgender" means having a gender
identity or gender expression that differs from the sex one was assigned at
birth, regardless of whether one has undergone or is in the process of
undergoing gender-affirming care. Being transgender does not imply any specific
sexual orientation. Therefore, transgender people may identify as straight,
gay, lesbian, bisexual, etc.
Notes
Statutory/Other Authority: ORS 410.070, 441.055, 441.122, 441.615 & 441.637
Statutes/Other Implemented: ORS 410.070, 441.055, 441.111, 441.615, 441.630, 441.637 & 441.650
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