Or. Admin. R. 411-360-0080 - [Effective until 6/28/2024] Issuance of a License
(1) The Department
issues a license within 60 days after the Department has received the completed
application materials and fee described in OAR 411-360-0050(2), if the home and
applicant are found to be in compliance with these rules. The license specifies
the type of license and includes the name of the licensee and resident manager
(if applicable), address of the premises to which the license applies, the
maximum capacity, expiration date, and classification level. The licensee must
visibly post the license in the AFH-DD and the license must be available for
inspection at all times.
(2)
LIMITED LICENSE. A limited license is issued to a provider for the care of a
specific individual. A provider with a limited license may not accept other
placements. A provider with a limited license must meet the standards of an
AFH-DD and acquire any additional training necessary to meet the specific
support needs of the individual and may be subject to the requirements of:
(a) OAR 411-360-0140, Standards and Practices
for Health Care;
(b) OAR
411-360-0160, Behavior Supports;
(c) OAR 411-360-0170, Documentation and
Record Requirements;
(d) OAR
411-360-0180, General Practices; and
(e) OAR 411-360-0190, Standards for
Admission, Transfers, Respite, Crisis Placements, Exits, and Closure.
(3) PROVISIONAL LICENSE.
(a) The Department may issue a 60-day
provisional license to a qualified person if the Department determines that an
emergency situation exists after being notified that the licensed provider is
no longer overseeing the operation of the AFH-DD. A person is considered
qualified if he or she is at least 21 years of age and meets the qualifications
of a provider described in OAR 411-360-0110(1)(a)-(f)(h)-(m).
(b) A provisional license may be extended one
time for a period of 30 days if an applicant has demonstrated a good faith
effort to complete the application process and obtain the required
qualifications and trainings.
(4) The Department may attach conditions to a
license that limit, restrict, or specify other criteria for operation of the
AFH-DD. The conditions must be posted with the license in the AFH-DD and be
available for inspection at all times.
(5) A condition may be attached to a license
that restricts admissions to the AFH-DD.
(6) A license for an AFH-DD is not
transferable or applicable to any location or persons other than those
specified on the license.
(7) When
an AFH-DD is to be sold or otherwise transferred, the new provider must apply
for, and obtain, a license prior to the transfer of operation of the
AFH-DD.
(8) A license is valid for
one year unless revoked or suspended.
(9) The Department does not issue a license
to operate an additional AFH-DD to a provider who has failed to achieve and
maintain substantial compliance with the rules and regulations while operating
any existing home or homes.
(10)
The Department does not issue an initial license unless:
(a) An applicant and home are in compliance
with ORS 443.705 to
443.825 and these
rules;
(b) The Department has
completed an inspection of the home;
(c) The Department has completed a background
check on the applicant, resident manager (if applicable), and any subject
individual as defined in OAR 411-360-0020;
(d) The Department has determined that the
applicant has the financial ability and maintains sufficient liquid resources
to pay the operating costs of the home for at least two months without solely
relying on potential income from individuals and room and board
payments;
(e) The Department has
checked the record of sanctions available from the Department's files,
including the list of nursing assistants who have been found responsible for
abuse and whose names have been added to the registry pursuant to ORS
441.678; and
(f) The Department has conducted a background
check of the provider or resident manager with regard to founded abuse of
children or substantiated abuse of adults.
(11) CHANGE OF RESIDENT MANAGER. If a
resident manager changes during the period of time the license covers, the
provider must notify the Department within 24 hours and identify who is to be
providing care.
(a) The provider must submit a
request for a change of resident manager to the Department with:
(A) A completed application for the resident
manager applicant on the form supplied by the Department;
(B) A background check and a current consent
form to conduct a background check for child abuse for the resident manager
applicant; and
(C) A non-refundable
payment fee of $10.00.
(b) A revised licensed with the name of the
new resident manager is issued upon the Department's determination that the
applicant meets the requirements of a resident manager and the applicant has
received the Department's required AFH-DD training and passed the
test.
Notes
Statutory/Other Authority: ORS 409.050, 410.070, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775, 443.790 & SB 792 (2023 OR Law, Ch. 206)
Statutes/Other Implemented: ORS 443.705 - 443.825 & SB 792 (2023 OR Law, Ch. 206)
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