Or. Admin. Code § 415-012-0050 - Onsite Reviews and Access Requirements
(1) The Division shall inspect the facilities
and must review procedures utilized:
(a)
Before issuing a license to an applicant; and
(b) Before renewal of an existing
license.
(2) The Division
may conduct onsite inspections:
(a) Upon
receipt of verbal or written complaints of violations that allege conditions
that may threaten the health, safety, or welfare of individuals or for any
other reason to be concerned for individual welfare; or
(b) Any time the Division has reason to
believe it is necessary to assure if a provider is in compliance with the
administrative rules or with conditions placed upon the
license.
(3) The review
may include but is not limited to case record audits and interviews with staff
and individuals, consistent with the confidentiality safeguards of state and
federal laws.
(4) Each applicant or
provider agrees, as a condition of license approval:
(a) To permit designated representatives of
the Division to inspect premises of programs to verify information contained in
the application or to assure compliance with all laws, rules, and regulations
during all hours of operation of the facility and at any other reasonable
hour;
(b) To permit properly
designated representatives of the Division to audit and collect statistical
data from all records maintained by the approved or licensed program;
and
(c) That such right of
immediate entry and inspection shall, under due process of law, extend to any
premises on which the Division has reasons to believe a program is being
operated by the provider in violation of these rules.
(5) An applicant or provider shall not be
granted licensing that does not permit inspection by the Division or
examination of all records, including financial records as appropriate, methods
of administration, the disbursement of drugs and method of supply, and any
other records the Division considers to be relevant to the establishment of
such a program.
(6) Each applicant
or provider agrees as a condition of license approval that:
(a) State or local fire inspectors shall be
permitted access to enter and inspect the facility regarding fire safety upon
the request of the Division; and
(b) State or local health inspectors shall be
permitted access to enter and inspect the facility regarding health safety upon
the request of the Division.
(7) The Division may conduct inspections with
or without advance notice to the administrator, staff, or individuals:
(a) The Division is not required to give
advance notice of any onsite inspection if the Division reasonably believes
that notice might obstruct or seriously diminish the effectiveness of the
inspection or enforcement of these administrative rules; and
(b) If Division staff are not permitted
access for inspection, a search warrant may be sought.
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.