(1) COMPLAINTS AND
INVESTIGATIONS. The Department shall investigate complaints regarding an
endorsed Ventilator Assisted Program in accordance with the Nursing Facility
Licensing complaint and investigation procedures documented in OAR chapter 411,
(2) INSPECTIONS. At
the time of the Ventilator Assisted Program's regular license renewal, the
Department shall inspect the Ventilator Assisted Program to determine
compliance with these rules.
SANCTIONS. Sanctions for failure to comply with these rules may include the
imposition of civil penalties, licensing conditions, suspension, denial,
non-renewal, or revocation of the endorsement. Sanctions involving the
endorsement shall be in accordance with the Nursing Facility Licensing Rules in
(Sanctions) applicable to the type of sanction imposed.
(a) SUSPENSION. The Department may
immediately suspend a Ventilator Assisted Program endorsement if the Department
finds a serious threat to the public health and safety and sets forth the
specific reasons for such findings.
DENIAL AND NON-RENEWAL OF ENDORSEMENT
APPLICATION. The Department may deny or refuse to renew an endorsement under
the following circumstances:
demonstrate capacity as required in OAR 411-090-0120
(B) Substantial failure to comply with
(C) Failure to
provide complete and accurate information on the application.
(D) When the State Fire Marshal, or
authorized representative, certifies there is failure to comply with all
applicable ordinances and rules pertaining to fire safety.
(i) Implement a plan of correction;
(ii) Comply with a licensing or endorsement
condition that ensures the safety and security of residents; or
(iii) Provide the care to residents living
within the Ventilator Assisted Program, such that the health, safety, or
welfare of the residents is jeopardized.
(c) REVOCATION. The Department may issue a
notice of revocation of endorsement upon finding there is substantial failure
to comply with these rules.
(4) The licensee is entitled to a hearing in
accordance with the provisions of ORS chapter 183 when the Department takes
enforcement action on the endorsement of a Ventilator Assisted
Or. Admin. R.
9-2019, adopt filed 01/31/2019, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS
& 441.690, 441.695, 441.710, 441.715,