Or. Admin. Code § 415-012-0040 - Licenses
(1) The Division
may issue a residential license under these rules for a duration not to exceed
two years.
(2) Renewal of licenses
shall be contingent upon demonstration of compliance with applicable
administrative rules:
(a) A program may
continue to operate until final determination of its approval or licensure
status is made by the Division;
(b)
Failure to demonstrate compliance may result in the issuance of a provisional
license, nonrenewal, suspension, or revocation.
(3) Programs with provisional licenses upon
demonstrating substantial compliance with appropriate administrative rules may
be eligible for a two-year license. However, the provider's failure to
demonstrate substantial compliance may result in an extension, suspension, or
revocation of the provisional license.
(4) The Division may not discriminate in its
review procedures or services on the basis of race, color, national origin,
age, or disability. The Division may issue licenses to specialized programs to
assure maximum benefit for special populations, in which case the Division may
identify that special population in the license and impose applicable program
criteria.
(5) Restrictions that may
be attached to a license include:
(a)
Limiting the total number of individuals (in residential or detoxification
treatment);
(b) Defining the age
level of individuals (i.e., youth or adult) to be admitted into the
facility;
(c) Defining the gender
of individuals, if the provider is identified as serving only males or
females;
(d) Assuring compliance
with other licensing entities such as the Child Welfare Division, the State
Public Health Division, or the Food and Drug Administration; or
(e) Other restrictions as required by the
Division.
(6)
Restrictions may be imposed for the extent of the approval period or limited to
some other shorter period of time. If the restriction corresponds to the
licensing period, the reasons for the restriction shall be considered at the
time of renewal to determine if the restrictions are still appropriate.
(7) The effective date and
expiration date of the restriction shall be indicated on the license.
(8) A license issued by the Division for the
operation of a residential substance use disorder or problem gambling program
applies both to the applicant program and the premises upon which the program
is to be operated. A license is not transferable to another person, entity, or
to any other location:
(a) Any person or
other legal entity acquiring an approved licensed facility for the purpose of
operating a substance use disorder or problem gambling program shall make an
application as provided herein for a new license;
(b) Any person or legal entity having been
issued a license and desiring to fundamentally alter the treatment philosophy
or transfer to different premises must notify the Division 30 days prior to
doing so in order for the Division to review the program or site change and to
determine further necessary action.
(9) If the administrator of the program
changes during the period covered by the license:
(a) A request for a change must be submitted
to the Division within 15 days, along with the qualifications of the proposed
new administrator;
(b) Upon a
determination that the administrator meets the requirements of applicable
administrative rules, a revised license shall be issued with the name of the
new administrator.
(10)
When a program is discontinued, its current license is void immediately, and
the license shall be returned to the Division. A discontinued program is one
that has terminated its services for which it has been approved or licensed. A
program planning to discontinue services must:
(a) Notify the Division 60 days prior to a
voluntary closure of a facility with written notice of how the provider will
comply with OAR 309-014-0035(4) and 42 CFR Part 2, Federal Confidentiality
Regulations, regarding the preservation of all individual records; and
(b) Provide individuals 30 days
written notice and shall be responsible for making reasonable efforts to obtain
treatment placement of individuals as appropriate.
Notes
Statutory/Other Authority: ORS 430.256
Statutes/Other Implemented: ORS 430.397, ORS 430.010-430.030, ORS 430.306, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400
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.