home that meets the definition of an AFH-DD as defined in OAR 411-360-0020
first apply for and obtain a license from the Department or an exempt area
county before providing care and services for compensation to an individual.
(2) A person or entity may not
represent themselves as operating an AFH-DD or accept placement of an
individual without being licensed as an AFH-DD.
No person, employed and requiring a
background check may be a provider, resident manager, substitute caregiver, or
otherwise be in training, employed by the provider, a volunteer for the AFH-DD,
or reside in or on the property of an AFH-DD who --
Has been convicted of any of the
disqualifying crimes listed in OAR 407-007-0275
Has not complied with Department rules
for review of background checks in accordance with OAR 407-007-0200
disapproved to work based on current Department policy and procedures for
background checks in accordance with OAR 407-007-0200
(4) Section (3) of this
rule does not apply to individual service recipients of the AFH-DD.
(5) Section (3)(a) of this rule does not
apply to employees hired prior to July 28, 2009.
LIMITED LICENSE. Any home that meets the
definition of a limited license AFH-DD as defined in OAR 411-360-0020
apply for and obtain a license from the Department before providing care and
services to an individual for compensation.
To qualify for a limited license and for
compensation from the Department, the provider must:
(A) Submit a completed provider enrollment
agreement, application for a limited license, appropriate licensing fee,
physician's statement, and a background check in regards to criminal records,
founded abuse of children, and substantiated abuse of an adult;
(B) Demonstrate a clear understanding of the
individual's care, service, and support needs;
(C) Acquire any additional training necessary
to meet the specific care, service, and support needs of the individual;
(D) Meet the standards of an
(E) Meet minimal fire
safety compliance including the installation of smoke alarms, carbon monoxide
alarms, and fire extinguishers; and
(F) Obtain any training deemed necessary by
the Department to provide adequate care and services to support the individual.
(b) A limited license
is limited to the care and services of the individual named on the license only
and may not be transferred to another individual.
PROVISIONAL LICENSE. Any AFH-DD that
meets the definition of a provisional license, due to an emergency situation in
which the licensed provider is no longer able to oversee the operation of the
AFH-DD, must be licensed by the Department. The applicant for the provisional
license must meet the standards in OAR 411-360-0070
Or. Admin. R.
SPD 3-2005, f. 1-10-05,
cert. ef 2-1-05; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10;
SPD 2-2010(Temp), f. & cert. ef. 3-18-10 thru 6-30-10; SPD 13-2010, f.
6-30-10, cert. ef. 7-1-10; SPD 34-2013, f. & cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS