Or. Admin. R. 411-360-0070 - Classification
A provisional, limited, level 1, level 2B, or level 2M license may be issued by the Department only if the qualifications of the applicant, resident manager (if applicable), and substitute caregiver fulfills the requirements of these rules.
(1)
PROVISIONAL LICENSE.
(a) A provisional
license may be issued by the Department if:
(A) There is an emergency situation where the
current licensed provider is no longer overseeing the operation of the AFH-DD;
and
(B) An applicant meets the
qualifications described in OAR 411-360-0110(1)(a-f)(h-m).
(b) A provisional license is valid
for 60 days from the date of issue and is not renewable.
(2) LIMITED LICENSE.
(a) A limited license may be issued by the
Department if:
(A) An applicant intends to
provide care and services to a specific individual who is unrelated to the
applicant but with whom the applicant has an established relationship of no
less than one year;
(B) The
applicant meets the qualifications described in OAR 411-360-0110(1);
(C) The home meets the facility standards
described in OAR 411-360-0130; and
(D) The applicant acquires any additional
training necessary to meet the specific needs of the individual.
(b) The license is limited to only
the care of the individual named on the license.
(3) LEVEL 1 LICENSE. A Level 1 license may be
issued by the Department if:
(a) The home and
applicant are in compliance with OAR 411-360-0080; and
(b) An applicant and resident manager (if
applicable):
(A) Meets the qualifications
described in OAR 411-360-0110;
(B)
Complete the training requirements described in OAR 411-360-0120;
(C) Has the equivalent of one year of
full-time experience in providing direct care and services to support
individuals with intellectual or developmental disabilities; and
(D) Has current CPR and First Aid
certification.
(i) Accepted CPR and First Aid
courses must be provided or endorsed by the American Heart Association, the
American Red Cross, the American Safety and Health Institute, or MEDIC First
Aid.
(ii) CPR or First Aid courses
conducted online are only accepted by the Department when an in-person skills
competency check is conducted by a qualified instructor endorsed by the
American Heart Association, the American Red Cross, the American Safety and
Health Institute, or MEDIC First Aid.
(4) LEVEL 2B LICENSE.
(a) A provider must be licensed as a Level 2B
AFH-DD if the provider serves or intends to serve more than one individual who
exhibits behavior that poses a significant danger to the individual or others.
Examples of behaviors that may pose a significant danger to the individual or
others include but are not limited to:
(A)
Acts or history of acts that have caused injury to self or others requiring
medical treatment;
(B) Use of fire
or items to threaten injury to persons or damage to property;
(C) Acts that cause significant damage to
homes, vehicles, or other properties; or
(D) Actively searching for opportunities to
act out thoughts that involve harm to others.
(b) A Level 2B license may be issued by the
Department only if the applicant and resident manager (if applicable) has met
the requirements described in section (3) of this rule for a Level 1 license
and meets the following additional criteria:
(A) Has two years of full time experience
providing care and services to support individuals who exhibit the behavior
described in subsection (a) of this section that poses significant risk to the
individual or others;
(B) Has
completed OIS-G, OIS-IF, or OIS-C certification by a state approved OIS
trainer; and
(C) If available from
the Department, has completed additional hours of advanced behavior
intervention training per year based on the support needs of the individual.
(c) A provider of a
Level 2B AFH-DD must have a Transition Plan for each individual upon entry that
addresses the individual's support and service needs.
(d) A Behavior Support Plan, if needed, must
be implemented within 120 days of the individual's placement that:
(A) Emphasizes the development of functional,
alternative, and positive approaches to behavior intervention;
(B) Uses the least intervention possible;
(C) Ensures that abusive or
demeaning intervention is never used; and
(D) Is evaluated by an ISP Team through
review of specific data at least every six months to assess the effectiveness
of the Plan.
(e) A
provider of a Level 2B AFH-DD may not employ a resident manager or substitute
caregiver who does not meet or exceed the qualifications and training standards
described in subsection (b) of this section.
(f) A provider of a Level 2B AFH-DD may not
admit an individual whose care and service needs exceed the licensed
classification of the Level 2B AFH-DD and may not admit an individual without
prior approval of the CDDP.
(5) LEVEL 2M LICENSE.
(a) A provider must be licensed as a Level 2M
AFH-DD if the provider serves or intends to serve more than one individual who
has a medical condition that is serious and may be life threatening. Examples
of medical conditions that are serious and may be life threatening include but
are not limited to:
(A) Brittle diabetes or
diabetes not controlled through medical or physical interventions;
(B) Significant risk of choking or
aspiration;
(C) Physical,
intellectual, or mental limitations that render the individual totally
dependent on others for access to food or fluids;
(D) Mental health or alcohol or drug problems
that are not responsive to treatment interventions; or
(E) A terminal illness that requires hospice
care.
(b) A Level 2M
license may be issued by the Department only if the applicant and resident
manager (if applicable) has met the requirements described in section (3) of
this rule for a Level 1 license and meets the following additional criteria:
(A) Is a licensed health care provider such
as a registered nurse or licensed practical nurse or has the equivalent of two
years of full-time experience providing care and services to support
individuals who have a medical condition described in subsection (a) of this
section that is serious and may be life-threatening;
(B) Has current satisfactory references from
at least two licensed health care providers, such as a physician, physician's
assistant, nurse practitioner, or registered nurse, who have direct knowledge
of the applicant's ability and past experiences as a caregiver; and
(C) Has fulfilled a minimum 6 of the 12 hours
of annual training requirements in specific medical training.
(c) A provider of a Level 2M
AFH-DD must have a Transition Plan for each individual upon entry that
addresses the individual's support and service needs.
(d) A provider must develop, with an
individual's ISP Team, a Medical Support Plan within 30 days of the
individual's placement or whenever there is a change in the individual's health
status.
(e) A provider of a Level
2M AFH-DD may not employ a resident manager or substitute caregiver who does
not meet or exceed the qualification and training standards described in
subsection (b) of this section.
(f) A provider of a Level 2M AFH-DD may not
admit an individual whose care and service needs exceed the licensed
classification of the Level 2M AFH-DD and may not admit an individual without
prior approval of the CDDP.
Notes
Stat. Auth.: ORS 410.070 & 409.050
Stats. Implemented: ORS 443.705 - 443.825
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