Or. Admin. Code § 411-049-0102 - Definitions
Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 049, 050, 051, and 052:
(1) "AAA" means an Area Agency on
Aging, which is an established public agency within a planning and service area
designated under Section 305 of the Older Americans Act that has responsibility
for local administration of programs within the Department of Human
Services.
(2) "Abuse" means "abuse"
as defined in OAR 411-020-0002 (Adult Protective
Services).
(3) "Activities of Daily
Living (ADL)" mean the personal, functional activities described in OAR
411-015-0006 required by an
individual for continued well-being, which are essential for health and safety.
Activities include eating, dressing and grooming, bathing and personal hygiene,
mobility, elimination, and cognition.
(4) "Administrator" means the person who is
designated by the Licensee that is responsible for the daily operation and
maintenance of the AFH.
(5) "Adult
Day services" means care, assistance, and supervision of an individual who is
older, as defined in these rules, who does not stay overnight.
(6) "Adult Foster Home (AFH)" means any
family home or other facility where residential care is provided in a homelike
environment for compensation to five or fewer adults who are not related to the
licensee, administrator, resident manager, or floating resident manager, by
blood, marriage, or adoption and who are 65 years of age or older or an adult
with a physical disability. AFHs are home and community-based settings as
defined in OAR chapter 411, division 004. For the purpose of these rules:
(a) "Adult foster home" does not include any
house, institution, hotel, or other similar living situation that supplies room
or board only, if no resident thereof requires any element of care.
(b) "Facility" and "Home" are synonymous with
the term "Adult Foster Home".
(7) "Advance Directive" or "Advance Directive
for Health Care" means the legal document signed by a resident that provides
health care instructions in the event the resident is no longer able to give
directions regarding his or her wishes. The directive gives the resident the
means to control his or her own health care in any circumstance. "Advance
Directive for Health Care" does not include Physician Orders for
Life-Sustaining Treatment (POLST).
(8) "Applicant" means an individual,
partnership, corporation, or other entity who completes an application to own
or operate an AFH. An individual applicant may also complete an application to
become an administrator, resident manager, floating resident manager, or shift
caregiver. "Applicant" is synonymous with "Co-applicant".
(9) "Background Check" means a criminal
records check and abuse check as defined in OAR
407-007-0210. An approved
"Background Check" means a final determination, made by an authorized agency or
district that the subject individual is fit to:
(a) Hold a position, paid or not
paid;
(b) Obtain or retain
credentials;
(c) Have direct access
to; or
(d) Otherwise provide
services necessary for the health, welfare, maintenance or protection of an
individual.
(11) "Back-Up Provider Agreement" means an
agreement between the licensee and another licensee, approved administrator,
resident manager, or approved floating resident manager, who does not live in
the home, and has agreed to oversee the operation of an AFH of the same license
classification or higher in the event of an emergency. The Department's (APD
0350) form may be used in place of the succession plan. (See "Succession
Plan").
(12) "Behavioral
Interventions" mean those interventions that modify a resident's behavior or a
resident's environment.
(13) "Board
of Nursing Rules" means the standards and practice for licensed practical
nurses and registered nurses to teach and delegate to unlicensed persons
according to the statutes and rules of the Oregon State Board of Nursing (OSBN)
ORS 678.010 to
678.445 and OAR chapter 851,
division 045 and 047.
(14) "Care"
means the provision of assistance with activities of daily living to promote a
resident's maximum independence and enhance the resident's quality of life.
"Care" includes, but is not limited to, assistance with bathing, dressing,
grooming, eating, money management, recreation, and medication management
excluding assistance with self-medication.
(15) "Caregiver" means any person providing
care and services to residents. (See "Qualified Caregiver").
(16) "Care Plan" means a licensee or
administrator's written description of a resident's needs, preferences, and
capabilities, including by whom, when, and how often care and services are to
be provided.
(17) "CFR" or "Code of
Federal Regulations" or means the codification of the rules and regulations
published in the Federal Register and produced by the executive departments and
agencies of the federal government of the United States.
(18) "Classification" means a designation of
license assigned to a licensee based on the qualifications of the licensee,
administrator, resident manager, floating resident manager, and shift
caregivers, as applicable.
(19)
"CMS" means the United States Department of Health and Human Services, Centers
for Medicare and Medicaid Services.
(20) "Compensation" means monetary or in-kind
payments by or on behalf of a resident to a licensee in exchange for room,
board, care, and services. "Compensation" does not include the voluntary
sharing of expenses between or among roommates.
(21) "Complaint" means an allegation of
abuse, a violation of these rules, or an expression of dissatisfaction relating
to a resident or the condition of an AFH.
(22) "Condition" means a provision attached
to a new or existing license that limits or restricts the scope of the license
or imposes additional requirements on the licensee.
(23) "Consumer" means an individual eligible
for Medicaid services for whom case management services are provided by the
Department.
(24) "Delegation" means
the process where a registered nurse teaches and supervises a nursing procedure
to an unlicensed person. The OSBN defines an unlicensed person as any caregiver
or certified nursing assistant (CNA). (See OAR chapter 851, division
047).
(25) "Department" means the
Department of Human Services (DHS) unless otherwise specified.
(26) "Designated Representative" means:
(a) Any adult, such as a parent, family
member, guardian, advocate, or other person who is:
(A) Chosen by the individual, or as
applicable the legal representative;
(B) Not a paid provider for the individual;
and
(C) Authorized by the
individual, or as applicable the legal representative, to serve as the
representative of the individual, or as applicable the legal representative, in
connection with the provision of funded supports.
(b) The power to act as a designated
representative is valid until the individual modifies the authorization or
notifies the agency that the designated representative is no longer authorized
to act on the individual's behalf.
(c) An individual, or as applicable the legal
representative, is not required to appoint a designated
representative.
(27)
"Director" means the Director of the Department of Human Services or that
person's designee.
(28)
"Disability" means a physical, cognitive, or emotional impairment, which for an
individual, constitutes or results in a functional limitation in one or more
activities of daily living.
(29)
"Emergency Preparedness Plan" means a written procedure that identifies a
facility's response to an emergency or disaster for minimizing loss of life,
mitigating trauma, and to the extent possible, maintaining services for
residents, and preventing or reducing property loss.
(30) "Entity" means an individual, a trust or
estate, a partnership, a corporation (including associations, joint stock
companies, and insurance companies), a state, or a political subdivision or
instrumentality, including a municipal corporation.
(31) "Exclusion Lists" mean the following
federal lists that exclude listed individuals from receiving federal awards,
not limited to Medicaid and Medicare programs:
(a) The U.S. Office of Inspector General's
Exclusion List at www.exclusions.oig.hhs.gov/; and
(b) The U.S. General Services
Administration's System for Award Management Exclusion List at
www.sam.gov.
(32) "Exempt Area" means a county where there
is a county agency that provides similar programs for licensing and inspection
of AFHs that the Director finds are equal or superior to the requirements of
ORS 443.705 to
443.825 and that the Director
has exempted from the license, inspection, and fee provisions of ORS
443.705 to
443.825.
(33) "Family Member" means spouses in a
legally recognized marriage or domestic partnership, natural parent, child,
sibling, adopted child, adoptive parent, adoptive sibling, stepparent,
stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt,
uncle, niece, nephew, or first cousin.
(34) "Final Point of Safety" means a
designated assembly area located on a public sidewalk or street not less than
50 feet away from an AFH where occupants of the home evacuate to in the event
of an emergency.
(35) "Floating
Resident Manager" means an employee of the licensee, approved by the LLA, who
under the direction of the licensee, is directly responsible for the care of
residents in one or more AFHs owned by that licensee. A "floating resident
manager" is not required to live in any one AFH owned by his or her employer,
except on a temporary basis, as directed by the licensee, when the regularly
scheduled caregiver is unavailable.
(36) "Gender expression" means a person's
gender-related appearance and behavior, whether or not these are
stereotypically associated with the sex the person was assigned at
birth.
(37) "Gender identity" means
a person's internal, deeply held knowledge or sense of the person's gender,
regardless of physical appearance, surgical history, genitalia, legal sex, sex
assigned at birth or name and sex as it appears in medical records or as it is
described by any other person, including a family member, conservator or legal
representative of the person. A person's gender identity is the last gender
identity conveyed by a person who lacks the present ability to
communicate.
(38) "Gender
nonconforming" means having a gender expression that does not conform to
stereotypical expectations of one's gender.
(39) "Gender transition" means a process by
which a person begins to live according to that person's gender identity rather
than the sex the person was assigned at birth. The process may include changing
the person's clothing, appearance, name or identification documents or
undergoing medical treatments.
(40)
"Harass" or "harassment" means to act in a manner that is unwanted, unwelcomed,
or uninvited, or that demeans, threatens or offends a resident.
(a) This includes bullying, denigrating, or
threatening a resident based on a resident's actual or perceived status as a
member of one of the protected classes in Oregon, as provided:
(A) Race.
(B) Color.
(C) National origin.
(D) Religion.
(E) Disability.
(F) Sex (includes pregnancy).
(G) Sexual orientation.
(H) Gender identity.
(I) Age.
(J) Marital status
(b) An example of "harassment" includes, but
is not limited to, requiring a resident to show identity documents in order to
gain entrance to a restroom or other area of a care facility that is available
to other person of the same gender identity as the resident.
(41) "Home and Community-Based
Services" or "HCBS" means Home and Community-Based Services as defined in OAR
chapter 411, division 004.
(42)
"Home and Community-Based Settings" or "HCB Settings" means a physical location
meeting the qualities of OAR
411-004-0020 where an individual
receives Home and Community-Based Services.
(43) "Homelike" means an environment that
promotes the dignity, security, and comfort of residents through the provision
of personalized care and services, and encourages independence, choice, and
decision-making by the residents.
(44) "House Policies" or the "Home's
Policies" means the written and posted statements addressing house activities
in an AFH identified in the Residency Agreement.
(45) "Indirect Ownership Interest" means an
ownership interest in an entity that has an ownership interest in the
AFH.
(46) "Individual" means an
adult who is at least 65 years of age or is an adult with physical disabilities
who is receiving Home and Community-Based Services, including those receiving
adult day services.
(47)
"Individually-Based Limitation" or "Limitation" means any limitation to the
qualities outlined in OAR
411-004-0020(1)(d) and (2)(d) to
(2)(j) due to health and safety risks. An
individually-based limitation is based on specific assessed need and only
implemented with the informed consent of the resident or, as applicable, the
legal representative of the resident, as described in OAR
411-004-0040.
(48) "Informed Consent" means:
(a) Options, risks, and benefits have been
explained to the individual and, as applicable the legal representative of the
individual, in a manner that the individual, and as applicable, the
representative, comprehends; and
(b) The individual or, as applicable, the
legal representative of the individual, consents to a person-centered service
plan of action, including any individually-based limitations to the rules,
before implementation of the initial or updated person-centered service plan or
any individually-based limitation.
(49) "Initial Point of Safety" means a
designated area that has unobstructed direct access to a public sidewalk or
street located not less than 25 feet away from an AFH where occupants of the
home evacuate to in the event of an emergency and for the purpose of conducting
evacuation drills.
(50)
"Investigative Authority" means the Office of Adult Abuse Prevention and
Investigation (OAAPI), local Department offices, and Area Agencies on Aging
that contract with the Department to provide adult protective services to
adults who are older or adults with physical, mental, or developmental
disabilities.
(51) "Legal
Representative" means a person who has the legal authority to act for an
individual. The legal representative only has authority to act within the scope
and limits of their authority as designated by the court or other agreement.
(a) Legal representatives acting outside of
their authority or scope must meet the definition of designated
representative.
(b) For an
individual 18 years of age or older, a guardian appointed by a court order or
an agent legally designated as the health care representative, where the court
order or the written designation provide authority for the appointed or
designated person to make the decisions indicated where the term "legal
representative" is used in this rule.
(52) "Level" means the designation of
ventilator-assisted care assigned to an AFH license based on the qualifications
of the licensee, administrator, resident manager, floating resident manager,
and shift caregivers, as applicable.
(53) "LGBTQIA2S+" means lesbian, gay,
bisexual, transgender, queer, intersex, asexual, Two Spirit, nonbinary or other
minority gender identity or sexual orientation. These terms are defined below:
(a) "Lesbian" means the sexual orientation of
a person who is female, feminine or nonbinary and who is physically,
romantically or emotionally attracted to other women. Some lesbians may prefer
to identify as gay, a gay woman, queer or in other ways.
(b) "Gay" means the sexual orientation of a
person attracted to people of the same gender. Although often used as an
umbrella term, it is used more specifically to describe men attracted to
men.
(c) "Bisexual" means a person
who has the potential to be physically, romantically and/or emotionally
attracted to people of more than one gender, not necessarily at the same time,
in the same way or to the same degree.
(d) "Transgender" means having a gender
identity or gender expression that differs from the sex one was assigned at
birth, regardless of whether one has undergone or is in the process of
undergoing gender-affirming care. Being transgender does not imply any specific
sexual orientation. Therefore, transgender people may identify as straight,
gay, lesbian, bisexual, etc.
(e)
"Queer" means people who do not identify as exclusively straight or a person
who has non-binary or gender-expansive identities and is often used as a
catch-all to refer to the LGBTQIA2S+ population as a whole. This term was
previously used as a slur but has been reclaimed by many parts of the
LGBTQIA2S+ movement. It can also include transgender people who identify as
male or female. The term should only be used to refer to a specific person if
that person self-identifies as queer.
(f) "Intersex" means someone born with a
variety of differences in their sex traits and reproductive anatomy. Intersex
traits greatly vary, including differences in, but not limited to, hormone
production and reproductive anatomy.
(g) "Asexual" or "Ace" means a complete or
partial lack of sexual attraction or lack of interest in sexual activity with
others. Asexuality exists on a spectrum, and asexual people may experience no,
little or conditional sexual attraction. Many people who are asexual still
identify with a specific romantic orientation.
(h) "2S" or "Two-Spirit" means a term used
within some Indigenous communities, encompassing cultural, spiritual, sexual
and gender identity. The term reflects complex indigenous understandings of
gender roles, spirituality, and the long history of sexual and gender diversity
in Indigenous cultures. The definition and common use of the term two-spirit
may vary among Tribes and Tribal communities.
(i) The "+" means all other identities and
expressions of gender, romantic and sexual orientation, including minority
gender identities.
(j) "Nonbinary"
means a person who does not identify exclusively as a man or a woman. Nonbinary
people may identify as being both a man and a woman, somewhere in between, or
as falling completely outside these categories. While many also identify as
transgender, not all nonbinary people do. Nonbinary can also be used as an
umbrella term encompassing identities such as agender, bigender, genderqueer or
gender-fluid.
(54)
"Licensed Health Care Professional" means a person who possesses a professional
medical license that is valid in Oregon. Examples include, but are not limited
to, a registered nurse (RN), nurse practitioner (NP), licensed practical nurse
(LPN), medical doctor (MD), osteopathic physician (DO), respiratory therapist
(RT), physical therapist (PT), physician assistant (PA), or occupational
therapist (OT).
(55) "Licensee"
means the applicant to whom an AFH license has been issued. "Licensee" is
synonymous with "Co-Licensee" in these rules.
(56) "Limited Adult Foster Home" means a home
that provides care and services for compensation to a specific individual who
is unrelated to the licensee, but with whom the licensee has an established
relationship of no less than one year.
(57) "Liquid Resource" means cash or those
assets that may readily be converted to cash, such as a life insurance policy
that has a cash value, stock certificates, or a guaranteed line of credit from
a financial institution.
(58)
"Local Licensing Authority" or "LLA" means the local Department offices and
Area Agencies on Aging that contract with the Department to perform specific
functions of the AFH licensing process.
(59) "Management agreement" means a written,
executed agreement between the licensee and another individual or entity
regarding the provision of operational services on behalf of the
licensee.
(60) "Nursing Care" means
the practice of nursing by a licensed nurse, including tasks and functions
relating to the provision of "nursing care" that are taught or delegated under
specified conditions by a registered nurse to a person other than licensed
nursing personnel, as governed by ORS chapter 678 and rules adopted by the OSBN
in OAR chapter 851.
(61) "Occupant"
means any person residing in or using the facilities of an AFH, including
residents, licensees, resident manager, floating resident manager, friends or
family members, adult day services individuals, and room and board
tenants.
(62) "OHA" Means the
Oregon Health Authority.
(63)
"Older" means any person at least 65 years of age.
(64) "Ombudsman" means the Oregon Long-Term
Care Ombudsman (LTCO) or a designee appointee that serves as an LTCO
representative to investigate and resolve complaints on behalf of AFH
residents.
(65) "Owner" is
synonymous with "Licensee" as defined in this rule.
(66) "Ownership Interest" means the
possession of equity in the capital, stock, or profits of an AFH.
(67) "Person" has the same meaning as set
forth in ORS 174.100(6).
(68) "Person-Centered Service Plan" has the
meaning given in OAR chapter 411, division 004.
(a) FOR MEDICAID CONSUMERS. The
person-centered service plan coordinator completes the person-centered service
plan.
(b) FOR NON-MEDICAID
CONSUMERS. The person-centered service plan may be completed by the resident,
and as applicable, the representative of the resident, and others as chosen by
the resident. The licensee may assist non-Medicaid residents in developing
person-centered service plans when no alternative resources are available. The
elements of the resident's person-centered service plan may be incorporated
into the resident's care plan.
(69) "Person-Centered Service Plan
Coordinator" means case managers, services coordinators, personal agents, and
other people designated by DHS or OHA to provide case management services or
person-centered service planning for and with individuals.
(70) "Prescribing Practitioner" means a
physician, nurse practitioner, physician assistant, chiropractor, dentist,
ophthalmologist, or other healthcare practitioner with prescribing
authority.
(71) "Primary Caregiver"
means one or any combination of a licensee, administrator, resident manager, or
shift caregivers who personally provide care and services, and safeguards the
health and safety of residents a minimum of five 24-hour days per
week.
(72) "Primary Care Provider"
means a physician, physician's assistant or nurse practitioner that provides
regular and continuous health care services.
(73) "PRN" is a Latin term (pro re nata),
means "as needed." It describes medications and treatments that have been
ordered by a prescribing practitioner to be administered as needed when the
resident exhibits or expresses signs or symptoms related to the reason the
medication was ordered.
(74)
"Provisional License" means a 60-day license issued in an emergent situation
when a licensee is no longer overseeing the operation of an AFH. A provisional
license is issued to a qualified person who meets the standards of OAR
411-049-0125 and OAR
411-049-0105(9)
except for completing the training and testing requirements. (See OAR
411-049-0105(14)(b)).
(75) "Psychotropic Medication" means any drug
that affects the brain activities associated with mental processes and
behavior. These drugs include, but are not limited to, drugs in the following
categories:
(a) Anti-psychotic.
(b) Anti-depressant.
(c) Anti-anxiety (Anxiolytic).
(d) Hypnotic.
(76) "Qualified Caregiver" means an
individual who has fully satisfied and maintained the requirements to be a
licensee, administrator, resident manager, floating resident manager, shift
caregiver or substitute caregiver. (See "Caregiver").
(77) "QED" means qualified entity designee as
defined in OAR 407-007-0210. A QED may be a
licensee who is approved by the Department's Background Check Unit to handle
background checks on behalf of the LLA.
(78) "Relative" means those persons
identified as family members as defined in this rule.
(79) "Representative" means "Designated
Representative" and "Legal Representative" as defined in these rules, unless
otherwise stated.
(80) "Reside"
means for a person to live in an AFH for a permanent or extended period of
time. For the purpose of a background check, a person is considered to "reside"
in a home if the person's visit is four weeks or greater.
(81) "Residency Agreement" or "Agreement"
means the written and legally enforceable agreement between an AFH licensee and
an individual receiving Home and Community Based Services (HCBS), or
representative of the individual, in a licensee owned, controlled, or operated
setting. The Residency Agreement identifies the policies of the home, services
to be provided, and the rights and responsibilities of the individual, and the
licensee. The Residency Agreement provides the individual protection from
eviction substantially equivalent to landlord-tenant laws.
(82) "Resident" means an adult who is at
least 65 years of age, or an adult with a physical disability who is receiving
room and board and care and services in an AFH on a 24-hour day basis in
exchange for compensation.
(83)
"Resident Manager" means an employee of the licensee, approved by the LLA, who
lives in the AFH, and is directly responsible for the care of the residents.
Resident Manager is not synonymous with administrator.
(84) "Resident Rights" or "Rights" means
civil, legal, or human rights, including, but not limited to, those rights
listed in the Adult Foster Home Resident's Bill of Rights and HCBS freedoms.
(See ORS 443.739 and OAR
411-051-0105).
(85) "Residential Care" means the provision
of care on a 24-hour day basis.
(86) "Restraint" means restraint as defined
in OAR 411-004-0010(19):
(a) Physical restraints are any manual
method, or physical or mechanical device, material, or equipment attached to or
adjacent to the resident's body that the resident cannot remove easily, which
restricts freedom of movement or normal access of the resident to the
resident's body. Any manual method includes physically restraining a person by
manually holding the person in place.
(b) Chemical restraints are any substance or
drug used for discipline or convenience that has the effect of restricting the
individual's freedom of movement or behavior and is not used to treat the
resident's medical or psychiatric condition.
(87) "Room and Board" means receiving
compensation for the provision of meals, a place to sleep, laundry, and
housekeeping to adults who are older or adults with physical disabilities and
who do not need assistance with activities of daily living. Room and board
facilities for two or more persons are required to register with the Department
under the rules in OAR chapter 411, division 068, unless registered with the
local authority having jurisdiction. AFHs with room and board tenants are not
subject to OAR chapter 411, division 068.
(88) "Safety, Oversight and Quality Unit" or
"SOQ" is a program within the Department's Aging and People with Disabilities
office.
(89) "Screening" means the
evaluation process used to identify an individual's ability to perform
activities of daily living and address health and safety concerns.
(90) "Self-Administration of Medication"
means the resident identifies the medication, the time and manner of
administration, and places the medication internally or externally on his or
her own body without assistance.
(91) "Self-Preservation" means the ability of
a resident to respond to an alarm or emergent situation without additional cues
and reach a point of safety without assistance.
(92) "Services" mean activities that help the
residents develop skills to increase or maintain the resident's level of
functioning or assist the residents to perform personal care, activities of
daily living, or individual social activities.
(93) "Sexual orientation" means romantic or
sexual attraction, or a lack of romantic or sexual attraction, to other
people.
(94) "Shift Caregivers"
mean caregivers who are responsible for providing care for regularly scheduled
periods of time, including, but not limited to, 8 or 12 hours per day or night,
in homes where there is no licensee or resident manager living in the
home.
(95) "Subject Individual" has
the meaning as given in OAR
407-007-0210, and means any
person 16 years of age or older, including:
(a) All licensed AFH licensees and license
applicants;
(b) All persons
intending to work in, or currently working in an AFH, including, but not
limited to, caregivers, including trainees, and licensed healthcare workers
when employed by or contracted with the licensee or facility;
(c) Volunteers on the home's premises who
provide services for, or who have access to, any resident, or any resident's
funds, belongings, or confidential information; and
(d) Occupants, excluding residents, residing
in or on the premises of a proposed or currently licensed AFH, including:
(A) Household members;
(B) Room and board tenants; and
(C) Persons staying in the home for a period
of four weeks or more.
(e) "Subject Individual" does not apply to:
(A) Persons under 16 years of age.
(B) Residents of the AFH or the resident's
visitors.
(C) Persons who live or
work in or on the AFH premises who do not have:
(i) Regular access to the home for
meals;
(ii) Regular use of the
AFH's appliances or facilities; or
(iii) Unsupervised access to the residents or
the residents' personal property.
(D) A person providing services to the
residents who is employed by a private business not regulated by the
Department.
(96) "Substantial Compliance" means a level
of compliance with these rules where any deficiencies pose no greater risk to
resident health or safety than the potential for causing minor harm.
(97) "Substitute Caregiver" means any person
other than the licensee, resident manager, floating resident manager, or shift
caregiver who provides care and services in an AFH under the jurisdiction of
the Department.
(98) "Succession
Plan" means the licensee or administrator's written plan addressing coverage,
continuance of care and services for residents, and AFH operations should the
licensee or administrator be unable to fulfill their duties due to illness,
death, or other unexpected absence. The Department's Back-up Provider Agreement
form (APD 0350) may be used for this purpose. (See "Back-up Provider
Agreement").
(99) "Tenant" means
any individual who is residing in an AFH who receives services, such as meal
preparation, laundry, and housekeeping.
(100) "Tenancy Agreement" means a written and
legally enforceable agreement between an AFH licensee and an adult who is older
or an adult with physical disabilities who resides in the home and does not
require assistance with any activity of daily living. The agreement specifies
the terms and conditions of a room and board residency in the home.
(101) "These Rules" mean the rules in OAR
chapter 411, division 49, 50, 51, and 52.
(102) "Transgender" means having a gender
identity or gender expression that differs from the sex one was assigned at
birth, regardless of whether one has undergone or is in the process of
undergoing gender-affirming care. Being transgender does not imply any specific
sexual orientation. Therefore, transgender people may identify as straight,
gay, lesbian, bisexual, etc.
(103)
"Variance" means an exception from a regulation or provision of these rules in
accordance with OAR 411-049-0160.
(104) "Ventilator-Assisted Care" means the
provision of mechanical assistance to replace spontaneous breathing. Devices
used include, but are not limited to, mechanical ventilators, manual
ventilators, and positive airway pressure ventilators.
(105) "Violation" means an area of
non-compliance with these rules. "Violation" is synonymous with
"Deficiency".
Notes
Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 441.122, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 106.010, 409.050, 410.070, 413.085, 441.111, 443.001 - 443.004, 443.705 - 443.825, 443.875 & 443.991
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.