Department issues a license within 60 days after the Department has received
the completed application materials, 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.
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:
, Standards and Practices
for Health Care;
, Documentation and
, Standards for
Admission, Transfers, Respite, Crisis Placements, Exits, and Closure.
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
(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.
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.
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;
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
(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
(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.
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
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
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.
(12) In seeking an
initial license, the burden of proof to establish compliance with ORS
443.825 and these rules is upon