ORS 443.445: Persons admissible at facilities and homes; transfer of persons requiring certain treatment; operation of facilities by persons relying on spiritual means for healing.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A residential facility may not admit individuals who require continuous nursing care except as provided in subsection (3) of this section. (2) Except as provided in subsection (3) of this section, if any resident of a residential facility requires nursing care for eight or more consecutive days or a physician or the designee of a physician, a naturopathic physician or a registered nurse certifies that continued nursing care is required, the resident shall be transferred to an appropriate health care facility for as long as necessary. (3) A resident of a residential care facility, residential training facility or residential training home who requires nursing care in addition to training or care needs, or any combination thereof, may be served by that facility or home with approval from the Department of Human Services and in accordance with the rules of the department and consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150. (4) A resident of a residential treatment facility or residential treatment home who requires nursing care in addition to treatment needs may be served by that facility or home with approval from the Oregon Health Authority and in accordance with the rules of the authority and consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150. (5) A residential facility may not admit individuals of categories other than those designated on its license without prior written consent of the licensing agency. (6) In the case of residential facilities supervised by and operated exclusively for persons who rely upon prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized church or religious denomination, no medical, psychological or rehabilitative procedures shall be required. [1977 c.717 §5; 1991 c.292 §2; 2001 c.900 §185; 2009 c.535 §33; 2009 c.595 §787; 2017 c.356 §72; 2025 c.124 §28]
Administrative rules citing this section
- OAR 309-011-0105: Purpose — implements
- OAR 309-035-0100: Purpose and Scope — implements
- OAR 309-035-0105: Temporary rule language in effect until 11/25/2026. Definitions — implements
- OAR 309-035-0115: Temporary rule language in effect until 11/25/2026. Licensing — implements
- OAR 309-035-0150: Sanitation — implements
- OAR 309-035-0155: Individual Furnishings — implements
- OAR 309-035-0156: Temporary rule language in effect until 11/25/2026. Screening — implements
- OAR 309-035-0158: Temporary rule language in effect until 11/25/2026. Waitlist Management — implements
- OAR 309-035-0163: Admission — implements
- OAR 411-054-0000: Purpose — implements
- OAR 411-054-0010: Licensing Standard — implements
- OAR 411-054-0012: Requirements for New Construction or Initial Licensure — implements
- OAR 411-054-0013: Temporary rule language in effect until 02/05/2027. Application for Initial Licensure and License Renewal — implements
- OAR 411-054-0016: Temporary rule language in effect until 02/05/2027. New Applicant Qualifications — implements
- OAR 411-054-0017: Temporary rule language in effect until 02/05/2027. Consultants — implements
- OAR 411-054-0019: Temporary rule language in effect until 02/05/2027. Change of Ownership or Management — implements
- OAR 411-054-0028: Reporting and Investigating Abuse and Other Actions Affecting Resident Welfare — implements
- OAR 411-054-0030: Resident Services — implements
- OAR 411-054-0035: Temporary rule language in effect until 02/05/2027. Designated Contact Person — implements
- OAR 411-054-0036: Service Plan — General — implements
- OAR 411-054-0037: Acuity-Based Staffing Tool — implements
- OAR 411-054-0040: Change of Condition and Monitoring — implements
- OAR 411-054-0045: Resident Health Services — implements
- OAR 411-054-0055: Medications and Treatments — implements
- OAR 411-054-0060: Restraints and Supportive Devices — implements
- OAR 411-054-0065: Administrator Qualifications and Requirements — implements
- OAR 411-054-0080: Involuntary Move-out Criteria — implements
- OAR 411-054-0085: Refunds and Financial Management — implements
- OAR 411-054-0090: Fire and Life Safety — implements
- OAR 411-054-0093: Emergency and Disaster Planning — implements
- OAR 411-054-0100: Temporary rule language in effect until 02/05/2027. Exceptions — implements
- OAR 411-054-0105: Temporary rule language in effect until 02/05/2027. Inspections and Investigations — implements
- OAR 411-054-0106: Regulatory Framework — implements
- OAR 411-054-0130: Non-Renewal, Denial, Suspension or Revocation of License — implements
- OAR 411-054-0133: Temporary Manager — implements
- OAR 411-054-0135: Criminal Penalties — implements
- OAR 411-054-0140: Additional Authority — implements
- OAR 411-054-0200: Residential Care Facility Building Requirements — implements
- OAR 411-054-0300: Assisted Living Facility Building Requirements — implements
- OAR 411-325-0090: Change of Ownership, Legal Entity, Legal Status, Management Corporation — implements
- OAR 411-325-0185: Emergency Information — implements
- OAR 411-325-0200: Transportation — implements
- OAR 411-325-0220: Individual Furnishings — implements
- OAR 411-325-0240: Assessment of Fire Evacuation Assistance — implements
- OAR 411-325-0250: Fire Drill Requirements and Fire Safety — implements
- OAR 411-325-0270: Fire Safety Requirements for Homes on a Single Property or on Contiguous Property Serving Six or More Individuals — implements
- OAR 411-325-0290: Fire Safety Requirements for Apartments Serving Five or Fewer Individuals — implements
- OAR 411-325-0370: Individuals' Personal Property — implements
- OAR 411-325-0410: Community Living Supports — implements
- OAR 411-325-0430: Individual Support Plan — implements
- OAR 411-325-0440: Children’s Direct Contracted Services — implements
- OAR 411-325-0480: Criminal Penalties — implements
- OAR 415-012-0065: Suspension of License — implements
- OAR 415-012-0075: Licensure Conditions — implements
- OAR 419-210-0120: Screening Activities — implements
- OAR 419-210-0160: Exception to Completing an Investigation — implements
- OAR 419-210-0180: Abuse Investigation Report — implements
- OAR 419-210-0200: Confidentiality — implements
This rule cites
- ORS 678.150 — resolved
Cited by
No inbound citations found.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors443.html