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OAR 411-085

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OAR 411-085 active

Nursing Facilities — Licensing Generally

Jurisdiction: OR Agency: Oregon DHS Aging and People with Disabilities
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This Oregon administrative rule division establishes licensing requirements for nursing facilities, including application procedures, qualifications for new applicants, license issuance and renewal, fees, change of ownership, resident rights, abuse reporting, and quality assurance standards. Facility operators must obtain and maintain a license from the Oregon Department of Human Services, demonstrate financial and performance qualifications, and comply with ongoing operational and resident-protection requirements. The rules also address specialty nursing facilities, civil rights protections for residents, and confidentiality obligations.

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Aging and People with Disabilities 
Oregon Department of Human Services 
Office of Aging and People with Disabilities 
Oregon Administrative Rules 
Chapter 411 
Division 085 
Nursing Facilities/Licensing – Generally 
Table of Contents 
(11/10/2025) 
411-085-0000 Statement of Purpose .......................................................................................... 1 
411-085-0005 Definitions ................................................................................................................... 1 
411-085-0010 Issuance of License ................................................................................................ 17 
411-085-0013 New Applicant Qualifications .............................................................................. 21 
411-085-0015 License Expiration, Termination of Operation, License Return ................... 23 
411-085-0020 License Fees, Special Assessment ....................................................................... 26 
411-085-0025 Change of Ownership or Operator and Closure............................................... 28 
411-085-0030 Required Postings .................................................................................................. 32 
411-085-0040 Alternative Methods, Waivers ............................................................................. 34 
411-085-0060 Specialty Nursing Facilities .................................................................................. 36 
411-085-0200 Licensee, Employees, Consultants ...................................................................... 37 
411-085-0210 Facility Policies ........................................................................................................ 39 

411-085-0220 Quality Assurance .................................................................................................. 41 
411-085-0300 Civil Rights ............................................................................................................... 42 
411-085-0310 Residents' Rights: Generally ................................................................................ 43 
411-085-0320 Residents' Rights: Charges and Rates ................................................................ 49 
411-085-0330 Residents' Rights: Visitor Access ......................................................................... 50 
411-085-0340 Residents' Rights: Pharmaceutical Services, Charges for Drugs .................. 51 
411-085-0350 Residents' Rights: Personal Funds ...................................................................... 53 
411-085-0360 Abuse......................................................................................................................... 56 
411-085-0370 Confidentiality ........................................................................................................ 61 

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Aging and People with Disabilities 
 
Oregon Department of Human Services 
Office of Aging and People with Disabilities 
Oregon Administrative Rules 
Chapter 411 
Division 085 
Nursing Facilities/Licensing - Generally 
411-085-0000 Statement of Purpose 
(Amended 08/01/2004) 
The purpose of these rules (OAR 411, divisions 85-89) is to establish requirements 
for nursing facilities that promote quality care and maximization of personal 
choice and independence for residents. Whenever possible, care shall be directed 
toward returning the resident to his/her own residence or to the least restrictive 
alternative environment within the shortest time possible. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441.615 
411-085-0005 Definitions 
(Amended 11/10/2025) 
Unless the context requires otherwise, the following definitions apply to the rules 
in OAR chapter 411, divisions 70, 85, 86, and 89: 
(1) "AAA" means "Area Agency on Aging" as defined in this rule. 
(2) "Abuse" means: 

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(a) Any physical injury to a resident that has been caused by other than 
accidental means. This includes injuries a reasonable and prudent individual 
is able to prevent, such as hitting, pinching or striking, or injury resulting 
from rough handling. 
(b) Failure to provide basic care or services to a resident that results in 
physical harm, unreasonable discomfort, or serious loss of human dignity. 
(c) Sexual contact with a resident, including fondling, caused by an 
employee, agent, or other resident of a long-term care facility by force, 
threat, duress or coercion, or sexual contact where the resident has no 
ability to consent. 
(d) Illegal or improper use of a resident's resources for the personal profit or 
gain of another individual, borrowing resident funds, spending resident 
funds without the resident's consent, or if the resident is not capable of 
consenting, spending resident funds for items or services from which the 
resident is unable to benefit or appreciate, or spending resident funds to 
acquire items for use in common areas when such purchase is not initiated 
by the resident. 
(e) Verbal abuse as prohibited by federal law, including the use of oral, 
written, or gestured communication to a resident or visitor that describes a 
resident in disparaging or derogatory terms. 
(f) Mental abuse as prohibited by law including humiliation, harassment, 
threats of punishment, or deprivation, directed toward the resident. 
(g) Corporal punishment. 
(h) Involuntary seclusion for convenience or discipline. 
 
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(3) "Abuse Complaint" means any oral or written communication to the 
Department, one of the Department's agents, or a law enforcement agency 
alleging abuse. 
(4) "Activities Program" means services offered to each resident that encourage 
the resident to participate in physical and mental exercises that are designed to 
maintain or improve physical and mental well-being and social skills. 
(5) "Acute Sexual Assault" means any non-consensual or unwanted sexual contact 
that warrants medical treatment or forensic collection. 
(6) "Applicant" means the individual required to complete a nursing facility 
application for a license. Applicant includes a sole proprietor, each partner in a 
partnership, or the corporation that owns the nursing facility business. Applicant 
also includes a sole proprietor, each partner in a partnership, or a corporation 
that operates a nursing facility on behalf of the nursing facility business owner. 
(7) "Area Agency on Aging (AAA)" means the Department designated agency 
charged with the responsibility to provide a comprehensive and coordinated 
system of service to individuals in a planning and service area. 
(8) "Aging and People with Disabilities" means the program area of Aging and 
People with Disabilities, within the Oregon Department of Human Services. 
(9) "APD" means "Aging and People with Disabilities." 
(10) "Assessment" means a written evaluation of a resident's abilities, condition, 
and needs based upon resident interview, observation, clinical and social records, 
and other available sources of information. 
(11) “Bariatric rate” means a rate paid for a Medicaid resident of a nursing facility 
if the resident meets the criteria described in OAR 411-070-0087. 
 
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(12) "Care" means services required to maximize resident independence, personal 
choice, participation, health, self-care, and psychosocial functioning, as well as to 
provide reasonable safety, all consistent with the preferences of the resident. 
(13) "Certified Medication Aide" means "certified medication assistant" as defined 
in this rule. 
(14) "Certified Medication Assistant" means a certified nursing assistant who has 
been certified as a medication assistant or medication aide pursuant to ORS 
chapter 678 and the rules adopted thereunder. 
(15) "Certified Nursing Assistant" means an individual who has been certified as a 
nursing assistant pursuant to ORS chapter 678 a nd the rules adopted thereunder. 
(16) "Change of Operator" means "change of ownership" as defined in this rule. 
(17) "Change of Ownership" means a change in the individual or entity that owns 
the facility business, a change in the individual or entity responsible for the 
provision of services at the facility, or both. Events that change ownership include, 
but are not limited to: 
(a) A change in the form of legal organization of the licensee; 
(b) Transfer of the title to the nursing facility enterprise by the owner to 
another party; 
(c) If the licensee is a corporation, dissolution of the corporation, merger of 
the corporation with another corporation, or consolidation of one or more 
corporations to form a new corporation; 
(d) If the licensee is a partnership, any event that dissolves the partnership; 
 
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(e) Any lease, management agreement, or other contract or agreement that 
results in a change in the legal entity responsible for the provision of 
services at the facility; or 
(f) Any other event that results in a change of the operating entity. 
(18) “Conflict of interest” means a conflict between the resident and the staff 
member responsible for investigating the suspected abuse or neglect. A staff 
member who has a conflict of interest cannot be fair or impartial in their 
investigation because they have a competing private or personal interest in the 
alleged incident of abuse or neglect. A conflict of interest includes being the 
individual accused of engaging in the incident of abuse or neglect, being a key 
witness in the incident of abuse or neglect or having a close personal relationship 
with the individual accused of engaging in the abuse of neglect (e.g., family 
member or best friend). 
(19) "Control Interest" means "management" as defined in this rule. 
(20) "Day Care Resident" means an individual who is not bedfast who receives 
services and care in a nursing facility for not more than 16 hours per day. 
(21) "Department" means the Oregon Department of Human Services (ODHS). 
(22) "Drug" has the same meaning set forth in ORS chapter 689.005. 
(23) "Entity" means "Individual" as defined in this rule. 
(24) "Establish a Nursing Facility" means to possess or hold an incident of 
ownership in a nursing facility business. 
(25) "Facility" means an establishment that is licensed and certified by the 
Department as a nursing facility.(26) "Facility Fund" means a fund created under 
ORS 441.303 t o meet expenses relating to the appointment of a trustee under 
 
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ORS 441.277 to 441.323 or the appointment of a temporary manager under ORS 
441.333 for a nursing facility or a residential care facility. 
(27) “Gender expression” means an individual’s gender-related appearance and 
behavior, whether or not these are stereotypically associated with the sex the 
individual was assigned at birth. 
(28) “Gender identity” means an individual’s internal, deeply held knowledge or 
sense of the individual’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 individual, including a family 
member, conservator or legal representative of the individual. An individual’s 
gender identity is the last gender identity conveyed by an individual who lacks the 
present ability to communicate. 
(29) “Gender nonconforming” means having a gender expression that does not 
conform to stereotypical expectations of one’s gender. 
(30) “Gender transition” means a process by which an individual begins to live 
according to that individual’s gender identity rather than the sex the person was 
assigned at birth. The process may or may not include changing the individual’s 
clothing, appearance, name or identification documents or undergoing medical 
treatments. 
(31) “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. 
 
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(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 facility that is available to other individuals of the same 
gender identity as the resident. 
(32) "Health Care Facility" means a health care facility as defined in ORS 442.015, a 
residential care facility as defined in ORS 443.400, and an adult foster home as 
defined in ORS 443.705. 
(33) "Hearing" means a contested case hearing according to the Administrative 
Procedures Act and the rules of the Department. 
(34) "Incident of Ownership" means: 
(a) An ownership interest; 
(b) An indirect ownership interest; or 
 
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(c) A combination of direct and indirect ownership interest. 
(35) "Indirect Ownership Interest" means an ownership interest in an entity that 
has an ownership interest in another entity. Indirect ownership interest includes 
an ownership interest in an entity that has an indirect ownership interest in 
another entity. 
(36) "Inpatient Beds" means a bed in a facility available for occupancy by a 
resident who is cared for and treated on an overnight basis. 
(37) "Inspection" means any on-site visit to the facility by anyone designated by 
the Secretary of the U.S. Department of Health and Human Services, the 
Department, or a "Type B" Area Agency on Aging and includes, but is not limited 
to, a licensing inspection, certification inspection, financial audit, Medicaid Fraud 
Unit review, monitoring, or complaint investigation. 
(38) "Legal Representative" means an attorney at law, the individual holding a 
general power of attorney or special power of attorney for health care, a 
guardian, a conservator, any individual appointed by a court to manage the 
personal or financial affairs of a resident, or an individual or agency legally 
responsible for the welfare or support of a resident other than the facility. 
(39) “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. 
 
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(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 individuals who do not identify as exclusively straight or 
individuals who have 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 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 
 
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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. 
(40) "Licensed Nurse" means a registered nurse or a licensed practical nurse. 
(41) "Licensed Practical Nurse (LPN)" means an individual licensed under ORS 
chapter 678 to practice practical nursing. 
(42) "Licensee" means the applicant to whom a nursing facility license has been 
issued. 
(43) "Local Designee of the Department" means the local unit of the Department 
or the Area Agency on Aging. 
(44) "Long Term Care Facility" means "nursing facility" as defined in this rule. 
 
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(45) "LPN" means "licensed practical nurse" as defined in this rule. 
(46) "Maintain a Nursing Facility" means "establish a nursing facility" as defined in 
this rule. 
(47) "Major Alteration" means change other than repair or replacement of 
building materials or equipment with materials and equipment of a similar type. 
(48) "Management" means: 
(a) Possessing the right to exercise operational or management control 
over, or to directly or indirectly conduct the day-to-day operation of, an 
institution, organization, or agency; or 
(b) An interest as an officer or director of an institution, organization, or 
agency organized as a corporation. 
(49) "New Construction" means: 
(a) A new building; 
(b) An existing building or part of a building that is not currently licensed as 
a nursing facility; 
(c) A part of an existing building that is not currently licensed for the 
purpose for which such part is proposed to be licensed, such as, rooms that 
are proposed to be licensed as nursing facility resident rooms, but are not 
currently licensed as nursing facility resident rooms; 
(d) A major alteration to an existing building; 
(e) An addition to an existing building; 
(f) A conversion in use; or 
 
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(g) Renovation or remodeling of an existing building. 
(50) "NFPA" means "National Fire Protection Association". 
(51) "Nurse Aide" means "nursing assistant" as defined in this rule. 
(52) "Nurse Practitioner" means an individual certified under ORS chapter 678 as a 
nurse practitioner. 
(53) "Nursing Assessment" means evaluation of fluids, nutrition, bowel or bladder 
e
limination, respiration, circulation, skin, vision, hearing, musculoskeletal 
systems, allergies, personal hygiene, mental status, communicative skills, safety 
needs, rest, sleep, comfort, pain, other appropriate measures of physical status, 
and medication and treatment regimes. Nursing assessment includes data 
collection, comparison with previous data, analysis or evaluation of that data, and 
utilization of available resource information. 
(54) "Nursing Assistant" means an individual who assists licensed nurses in the 
provision of nursing care services. "Nursing Assistant" includes, but is not limited 
to, a certified nursing assistant, a certified medication assistant, and individuals 
who have successfully completed a state approved nurse assistant training 
course. 
(55) "Nursing Care" means direct and indirect care provided by a registered nurse, 
licensed practical nurse, or nursing assistant. 
(56) "Nursing Facility" means an establishment with permanent facilities, including 
inpatient beds, that provides medical services, including nursing services, but 
excluding surgical procedures, and that provides care and treatment for two or 
more unrelated residents. In this definition, "treatment" means complex nursing 
tasks that may not be delegated to an unlicensed individual. "Nursing Facility" 
only includes facilities licensed and operated pursuant to ORS 441.020(2). 
 
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(57) "Nursing Facility Administrator" means an individual licensed under ORS 
chapter 678 who is responsible to the licensee and is responsible for planning, 
organizing, directing, and controlling the operation of a nursing facility. 
(58) "Nursing Facility Law" means ORS chapter 441 a nd the rules for nursing 
facilities adopted thereunder. 
(59) "Nursing Home" means "nursing facility" as defined in this rule. 
(
60) "Nursing Staff" means registered nurses, licensed practical nurses, and 
nursing assistants providing direct resident care in a facility. 
(61) "Owner" means an individual with an ownership interest. 
(62) "Ownership Interest" means the possession of equity in the capital, stock, or 
profits of an entity. 
(63) "Pharmacist" has the same meaning as set forth in ORS 689.005. 
(64) "Pharmacy" has the same meaning as set forth in ORS 689.005. 
(65) "Physician" means an individual licensed under ORS chapter 677 a s a 
physician. 
(66) "Physician's Assistant" means an individual registered under ORS chapter 677 
as a physician’s assistant. 
(67) "Podiatrist" means an individual licensed under ORS chapter 677 to practice 
podiatry. 
(68) "Prescription" has the same meaning as set forth in ORS 689.005. 
(69) "Public or Private Official" means: 
 
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(a) Physician, naturopathic physician, osteopathic physician, chiropractor, 
podiatric physician, physician assistant, or surgeon including any intern or 
resident; 
(b) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s 
aide, home health aide, or employee of an in-home health agency; 
(c) Employee of the Department, Oregon Health Authority, Area Agency on 
Aging, county health department, community mental health program, 
community developmental disability program, or nursing facility; 
(d) Individual who contracts to provide services to a nursing facility; 
(e) Peace officer; 
(f) Clergy; 
(g) Licensed clinical social worker, psychologist, licensed professional 
counselor, or licensed marriage and family therapist; 
(h) Physical, speech, or occupational therapist, respiratory therapist, 
audiologist, or speech language pathologist; 
(i) Senior center employee; 
(j) Information and referral or outreach worker; 
(k) Any public official who comes in contact with elderly individuals in the 
performance of the official’s official duties; 
(l) Firefighter or emergency medical technician; 
(m) Legal counsel for a resident; or 
(n) Guardian for, or family member of, a resident. 
 
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(70) "Registered Nurse (RN)" means an individual licensed under ORS chapter 678. 
(71) "Rehabilitative Services" means specialized services provided by a therapist or 
a therapist’s assistant to a resident to attain optimal functioning, including, but 
not limited to, physical therapy, occupational therapy, speech and language 
therapy, and audiology. 
(72) "Relevant Evidence" means factual information that tends to either prove or 
disprove the following: 
(a) Whether abuse or other rule violation occurred; 
(b) How abuse or other rule violation occurred; or 
(c) Who was involved in the abuse or other rule violation. 
(73) "Resident" means an individual who has been admitted but not discharged 
from a facility. 
(74) "Restorative Aide" means a certified nursing assistant primarily assigned to 
perform therapeutic exercises and activities to maintain or re-establish a 
resident's optimum physical function and abilities according to the resident's 
restorative plan of care and pursuant to OAR 411-086-0150. 
(75) "Restorative Nursing" means "restorative services" as defined in this rule. 
(76) "Restorative Services" mean the measures provided by nursing staff and 
directed toward re-establishing and maintaining a residents’ fullest potential. 
(77) "RN" means "registered nurse" as defined in this rule. 
(78) "Safety" means the condition of being protected from environmental hazards 
without compromise to a resident's or legal guardian's choice, or undue sacrifice 
of a resident’s independence. 
 
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(79) “Safety Plan” means the immediate measures the facility puts in place to 
protect residents and prevent further potential abuse, neglect, exploitation, or 
mistreatment during the course of the investigation. 
(80) “Sexual orientation” means romantic or sexual attraction, or a lack of 
romantic or sexual attraction, to other people. 
(81) "Significant Other" means an individual designated by the resident or by the 
court to act on behalf of the resident. If the resident is not capable of such 
designation and there is no court-appointed individual, then a significant other 
means a family member or friend who has demonstrated consistent concern for 
the resident. No rule using this term is intended to allow release of, or access to, 
confidential information to individuals who are not otherwise entitled to such 
information, or to allow such individuals to make decisions they are not entitled 
to make on behalf of a resident. 
(82) “Staff or “staff person” means one or more individuals who are employed by 
the facility to provide services or supports to residents or contract with or are 
employed by an entity that contracts with the facility to provide services or 
supports to residents. 
(83) "Suspected Abuse" means reasonable cause to believe abuse may have 
occurred. 
(84) “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. 
Statutory/Other Authority: ORS 410.070, 441.055, 441.122, 441.615, 441.637 
 
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Statutes/Other Implemented: ORS 410.070, 441.055, 441.111, 441.615, 441.630, 
441.637, 441.650 
411-085-0010 Issuance of License 
(Amended 11/10/2025) 
(1) No person acting individually or jointly with any other person shall establish, 
conduct, maintain, manage, or operate a nursing facility without a license from 
the Department. 
(2) Each nursing facility license issued by the Department applies only to person 
or persons named on the license. The license is not transferable or assignable. 
The license is valid only for the specific premises designated on the license and 
for the time period specified on the license. 
(3) A license may not be issued for a new facility, an expanded facility, or a facility 
offering new services unless the Oregon Health Authority has issued a certificate 
of need for said facility or service, or has determined a certificate of need is not 
required. 
(4) APPLICATION FOR INITIAL LICENSURE AND LICENSE RENEWAL. 
(a) Applicants are required to identify any individual or entity representing a 
5 percent or more interest. Applicants must provide all information 
requested by the Department on a form or forms provided by the 
Department, including but not limited to ownership interest, managing 
control, and additional disclosable party information as required by the 
Centers for Medicare and Medicaid Services (CMS) in the code of regulations 
Title 42 CFR parts 420, 424 and 455. 
(b) If the owner of the nursing facility business is a different entity from the 
operator of the nursing facility, an application for licensure is required from 
 
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both the operator and the owner. Only one license fee is required. Each 
application must be signed and dated by a legally authorized representative 
of the entity submitting the application. The names of owners and operators 
shall appear on the license. 
(c) The applicant must identify any person who has 10 percent incident of 
ownership, direct or indirect, in a pharmacy or in any business that provides 
services or supplies to nursing facilities. If any such person exists, the 
applicant must identify the person and the name and address of the 
pharmacy or business. 
(d) The applicant must identify the number of beds the facility is presently 
capable of operating considering existing equipment, ancillary service 
capability, and the physical requirements as specified within OAR chapter 
411, divisions 85-89. The number of beds requested to be licensed may not 
exceed the number identified on the license to be renewed unless prior 
approval has been issued by the Department or a certificate of need has 
been issued when required pursuant to ORS chapter 442. 
(e) The applicant must include a floor plan showing the location of each bed 
and the dimensions and room number of each room in which a bed is 
located. The plan must also show the location of dining and activities areas, 
shower and tub rooms, toilet rooms, clean and dirty utility rooms, therapy 
service areas, laundry areas, and dietary service areas. After the first filing, 
plans need only be submitted when changes in the information required in 
this subsection occur or when requested by the Department. 
(f) The applicant must include a copy of all leases, management, and 
ownership of the facility. 
 
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(g) The applicant must list all states in which the applicant or persons having 
a 10 percent or more incident of ownership in the facility currently are or 
previously have been licensed to provide long-term care. 
(h) If a renewal is desired, the licensee must apply at least 45 days before 
the expiration date of the existing license. 
(i) The license fee must accompany the application. 
(j) If the applicant fails to provide complete and accurate information on the 
application, the Department may deny or revoke the license if the 
Department determines the missing or corrected information is needed to 
determine if a license shall be granted. 
(k) An application is not considered to be complete until all requested 
information and signatures have been provided. 
(l) Each application for a new license (excludes license renewal) must include 
a completed and signed credit and background check authorization form for 
the applicant and each person with 10 percent incident of ownership in the 
applicant. 
(m) Applicants for license renewal must provide the Department with a 
completed and signed credit and background check authorization form for 
the applicant and each person with incident of ownership in the applicant, 
when required by the Department. 
(n) Applications must state whether or not the applicant and persons with 
incident of ownership in the applicant, have ever been convicted of a crime 
associated with operation of a health care facility or agency under federal 
law or the laws of any state. 
 
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(o) Applicants must provide such other information and documentation as 
the Department may reasonably require for proper administration of these 
rules including, but not limited to, information about ownership interest in 
other business enterprises, if relevant. 
(p) The Department shall issue the license or issue a denial of licensure 
within 60 days of receipt of the license fee, completed application, and after 
determination of substantial compliance with the on-site in-person 
inspection. 
(5) DEMONSTRATED CAPABILITY. 
(a) Before issuance of a license or a license renewal, the applicant must 
demonstrate to the satisfaction of the Department that the applicant is 
capable of providing care in a manner consistent with the requirements of 
the rules in OAR chapter 411, divisions 85-89. 
(b) The Department may consider the background and qualifications of any 
person owning 10 percent or more interest in the nursing facility operation 
when determining whether an applicant may be licensed. 
(c) The Department may consider the applicant's history of compliance with 
Department rules and orders, including the history of compliance of each 
person with a 10 percent or more incident of ownership in the applicant. 
(d) Any person with a past or present interest of 10 percent or more incident 
of ownership in any nursing facility operation shall be considered 
responsible for acts occurring during, and relating to, the operation of the 
nursing facility for the purpose of licensing. 
 
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(6) SEPARATE BUILDINGS. Separate licenses are not required for separate 
buildings located contiguously and operated as an integrated unit by the same 
ownership or management. 
Statutory/Other Authority: ORS 410.070, 441.025, 441.060 
Statutes/Other Implemented: ORS 441.025, 441.060 
411-085-0013 New Applicant Qualifications 
(Amended 06/28/2015) 
For the purpose of this rule, "applicant" means each person, as defined in ORS 
442.015, who holds 10 percent or greater incident of ownership in the facility. 
Applicants for licensure (excluding license renewal, but including all changes of 
ownership) must meet the following criteria: 
(1) C riminal History . Each applicant must complete a Criminal History Clearance 
conducted by the Department in accordance with OAR chapter 407, division 007. 
The Department conducts the fitness determination. If determined "unfit," 
applicants may appeal as described in OAR 407-00 7-0330. 
(2) Performance History. Each applicant must: 
(a) Be free of incident of ownership history in any facility in Oregon that 
provides or provided (at the time of ownership) care to children, elderly, ill 
or disabled persons and was involuntarily terminated from licensure or 
certification, or voluntarily terminated during any state or federal 
termination process, during the past five years. 
(b) Be free of incident of ownership history in any nursing facility in any state 
that was involuntarily terminated from licensure or certification, or 
voluntarily terminated during any state or federal termination process, 
during the past five years. 
 
Page 22 
(c) Be free of history of termination of licensure as a nursing facility 
administrator or health care provider during the past five years. 
(d) Failure to demonstrate required performance history may result in the 
Department's denial of a license. 
(3) Financial History. Each applicant must: 
(a) Be free of incident of ownership history in any facility or business that 
failed to reimburse any state for Medicaid overpayments or civil penalties 
during the past five years. 
(b) Be free of incident of ownership history in any facility or business that 
failed to compensate employees or pay worker's compensation, food 
supplies, or other costs necessary for facility operation, during the past five 
years. 
(c) Have a record of good credit as evidenced by a Department credit check. 
(d) Submit proof of fiscal responsibility, including an auditor's certified 
financial statement and other verifiable documentary evidence of fiscal 
solvency, documenting that the prospective licensee has sufficient resources 
to operate the facility for 60 days. Proof of fiscal responsibility must include 
liquid assets sufficient to operate the facility for 45 days. Anticipated 
Medicaid income is not considered to be "liquid assets," but may be 
considered to be "financial resources." Liquid assets may be demonstrated 
by: 
(A) An unencumbered line of credit; 
(B) A joint escrow account with the Department; 
(C) A performance bond; or 
 
Page 23 
(D) Any other method satisfactory to the Department. 
(e) Provide a pro forma (revenues, expenditures, and resident days) by 
month for the first 12 months of operation of the facility and demonstrate 
the ability to cover any cash flow problems identified by the pro forma. 
(4) Experience. If an applicant does not have experience in the provision of 
nursing facility care, the applicant must employ the services of a consultant with 
experience in the provision of nursing facility care for a period of at least six 
months. The consultant and the terms and length of employment are subject to 
the approval of the Department. Costs incurred for such consulting services are 
not an allowable cost for Medicaid reimbursement. 
(5) Demonstration of Right to Property and Business. The applicant must 
demonstrate that they have the legal right to possess the nursing facility property 
and operate the nursing facility business. Examples include, but are not limited to: 
(a) If purchasing the property, the applicant must include documentation 
demonstrating clear title and current right to possess the property; and 
(b) If leasing the facility property, or planning to operate it under a 
management agreement, the applicant must provide all legal documents 
needed to demonstrate the right to possess the property and operate the 
business. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.025, 441.055, 441.615 
411-085-0015 License Expiration, Termination of Operation, License 
Return 
(Amended 06/28/2015) 
 
Page 24 
(1) Expiration. Effective May 16, 2011, unless revoked or terminated earlier, or 
issued for a shorter specified period, each license to operate a nursing facility 
expires annually, following the date of issue. 
(2) Termination of Operation. Except as otherwise provided in this rule, if facility 
operation is discontinued for any reason, the license shall expire. The licensee has 
appeal rights under ORS chapter 183. 
(3) Inactive License. 
(a) When the licensee proposes to replace an existing (original) licensed 
nursing facility with a new building, the Department may grant the licensee 
an inactive license for up to 24 months after closure of the original facility 
(departure of the last resident) under the following conditions: 
(A) The existing facility may not meet the physical environment 
requirements for new construction in OAR chapter 411, division 087; 
(B) The licensee must comply with the Oregon Health Authority’s 
certificate of need process, including the physical environment 
requirements for new construction; 
(C) The licensee must submit to the Department a written request for 
an extension to continue the license, an application for license 
renewal, and the license fee before the annual renewal date; 
(D) The licensee must comply with plan review as described in OAR 
411-087-0010 and all other applicable requirements; and 
(E) The licensee's written request must include information that 
assures the Department that the new facility shall provide an improved 
 
Page 25 
quality of care that is needed in the community and is determined by 
the Department to be in the public's interest. 
(b) The licensee must provide written notice of intent to apply for an inactive 
license at least 30 days before closure of the original building. This notice 
must be provided to the Department and every licensed nursing facility, 
assisted living facility, and residential care facility within 20 miles of the 
proposed new building site. 
(c) The licensee must provide a minimum of two written progress reports to 
the Department regarding the status of the new building. 
(A) The first report must be received by the Department between six 
and nine months after the original facility is closed. 
(B) The second report must be received by the Department between 18 
and 21 months after the original facility is closed. 
(4) Extension. If the licensee fails to open the new building within 24 months of 
the closure of the original facility, the Department may extend the inactive license 
for an additional 18 months. The licensee must submit written request to the 
Department for an extension before expiration of the inactive license. The 
following must be included in the request for extension: 
(a) Notice to Nearby Facilities. A statement certifying that the licensee has 
made a reasonable attempt to provide written notice to each nursing, 
assisted living, and residential care facility within 20 miles of the site of the 
proposed facility of the intent to request an extension. Upon request, the 
Department shall provide a list of the names and addresses of all nursing, 
assisted living, and residential care facilities in the state. 
 
Page 26 
(b) Site Plan. A completed site plan that has been submitted to the local 
jurisdiction (city or county planning agency). 
(c) Architectural Drawings. Working architectural drawings that have been 
stamped or prepared by a licensed architect. 
(d) Building Site. Evidence that the land proposed for the new building is 
under control of the licensee. 
(e) Local Jurisdiction Communication. Evidence of continued contact with the 
local jurisdiction. 
(f) Financial Commitment. Evidence of financial commitments towards 
completion of the project, including proof of lender commitments and cash 
on hand sufficient to complete the construction. 
(g) Construction Contracts. Construction contracts or other evidence 
showing the project shall be completed before the expiration of the 
extended inactive license. 
(5) Return of License. Each license certificate must be returned to the Department 
immediately upon issuance of a final order revoking or suspending the license. If 
a license is terminated voluntarily or involuntarily because operation has been 
discontinued, the license certificate must be immediately returned to the 
Department. 
Statutory/Other Authority: ORS 410.070, 441.025, 441.060 
Statutes/Other Implemented: ORS 441.025, 441.060 
411-085-0020 License Fees, Special Assessment 
(Amended 6/29/2018) 
(1) License Application Fees. 
 
Page 27 
(a) License application fees may not be prorated for a partial year. The 
amount of the application fee or annual license renewal fee is paid 
according to number of beds, as established in Or Laws 2017, ch 679, §11: 
(A) For 1 to 15 beds: application fee shall be $2,000 and the annual 
renewal fee shall be $1,000. 
(B) For 16 to 49 beds: application fee shall be $3,000 and the annual 
renewal fee shall be $1,500. 
(C) For 50 to 99 beds: application fee shall be $4,000 and the annual 
renewal fee shall be $2,000. 
(D) For 100 to 150 beds: application fee shall be $5,000 and the annual 
renewal fee shall be $2,500. 
(E) For more than 150 beds: application fee shall be $6,000 and the 
annual renewal fee shall be $3,000. 
(b) All monies received from application and renewal fees shall be paid to 
the State Treasury to the credit of the Department, as required by Or Laws 
2017, ch 679, §11(4)(b). 
(2) Special Trust Fund Assessment. 
(a) Whenever the Department determines that the balance in the Facility 
Fund created by Oregon statute is less than the amount established by the 
statute, a special assessment is levied against all licensees. The special 
assessment shall be pro-rated (based upon the annual fee of the licensee) in 
order to result in collection of an amount that shall result in a Facility Fund 
balance of no more than the amount set by the statute. In no event may the 
 
Page 28 
special assessment be greater than the annual license fee. The special 
assessment may be levied only once each calendar year. 
(b) Monies are disbursed from the Facility Fund in accordance with ORS 
441.277 to 441.323. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.020, 441. 055, 441.303, 441.615 
411-085-0025 Change of Ownership or Operator and Closure 
(Amended 04/01/2014) 
(1) Change of Ownership or Operator. 
(a) When a change of ownership or a change of operator is contemplated, a 
licensee and a prospective licensee must each notify the Department in 
writing of the contemplated change. The notice of change of ownership or 
operator must be received by the Department at least 45 days prior to the 
proposed date of transfer. A shorter timeframe may be allowed at the sole 
discretion of the Department. The notice of change of ownership or 
operator must be in writing and must include the following: 
(A) Name and signature of the current licensee; 
(B) The name of the prospective licensee; 
(C) The proposed date of the transfer; 
(D) Type of transfer (e.g., sale, lease, rental, etc.); and 
(E) A complete, signed nursing facility application from the prospective 
licensee. 
 
Page 29 
(b) A prospective licensee may not assume possession or control of a facility 
until after the prospective licensee has been notified by the Department that 
the prospective licensee's application has been approved. 
(c) The current licensee is responsible for the operation of the facility and 
resident care provided therein until a new license is issued to a new owner 
or operator or the facility operation is closed. 
(2) Facility Closure. 
(a) Notice of Intent to Close. The licensee must notify the Department of the 
intent to close a facility 90 days prior to the anticipated date of closure. 
(b) Services and Operation During Closure. The licensee is responsible for 
the operation of the facility and resident care provided therein until all 
residents are transferred and the facility is closed. 
(c) Resident Records. The licensee is responsible for the transfer and 
retention of resident clinical records according to OAR 411-086-0300. 
(d) Proposed Resident Transition Plan. 
(A) The nursing facility administrator must submit a proposed resident 
transition plan to the Department for review and approval 75 days 
prior to the anticipated date of closure. The proposed resident 
transition plan must: 
(i) Include resident-specific transition plans based on current and 
accurate assessments of each resident’s needs, preferences, and 
best interests; 
 
Page 30 
(ii) In collaboration with the Department, identify potential 
transition settings that are available and appropriate in terms of 
quality, services, and location; 
(iii) In collaboration with the Department, include a proposed 
time table for resident assessments, planning conferences, and 
transitions; 
(iv) Include the resources, policies, and procedures that the 
facility must provide or arrange in order to plan and implement 
the transitions; and 
(v) Include a list of the residents to be transitioned, including 
each resident's current level of care, a brief description of any 
special needs or conditions, and the name and address of the 
resident's guardian (if applicable). The list of residents to be 
transitioned must include: 
(I) Residents that are eligible to return to the facility 
following hospitalization as described in OAR 411-088-0050; 
and 
(II) Residents that are temporarily absent from the facility 
a
nd have secured a bed hold as described in OAR 411-070 -
0110. 
(B) Resident transitions must comply with OAR 411-088-0020(1)(f) a nd 
OAR 411-088-0070(1)(g), (3)(d), and (4) (Transfers). 
(e) Proposed Facility Closure Plan. The nursing facility administrator must 
submit a proposed facility closure plan to the Department for review and 
 
Page 31 
approval 75 days prior to the anticipated date of closure. The proposed 
facility closure plan must include: 
(A) A description of operations during the closure period; 
(B) The plan to assure adequate staff, supplies, and services necessary 
to provide resident care during the closure period; 
(C) The primary contact responsible for daily facility operations during 
the closure period; 
(D) The primary contact responsible for the oversight of those 
managing the facility during the closure period; 
(E) The Department-approved estimated date of closure; and 
(F) The address where the licensee may be reached following facility 
closure. 
(f) Additional Information. Upon request, the administrator must provide the 
Department with any additional information related to resident transfer or 
facility operations during the closure period. 
(g) Department Approval. The Department shall notify the facility of the 
Department's approval within 10 days of receipt of the facility's proposed 
resident transition plan and facility closure plan. 
(A) If the Department disapproves a proposed plan, the Department 
shall work with the facility to modify the plan. 
(B) No residents may be transitioned until the Department approves 
the proposed plan or until a modified plan is agreed upon. 
 
Page 32 
(C) If a plan is not approved or agreed upon within 30 days of receipt of 
the intent to close, the Department may initiate actions for temporary 
management according to OAR 411-089-0075. 
(D) The Department may provide or arrange for resident transitions in 
order to minimize resident trauma and to ensure the orderly transition 
of residents. 
(h) Notice to Residents and Other Required Parties. The administrator must 
provide written notice in accordance with OAR 411-088
 -0070(1)(g), (3)(d), and 
(4). 
(3) Admissions. 
(a) The administrator must assure that the facility does not admit new 
residents on or after the date the 60-day notice is issued to the resident and 
required parties according to OAR 411-0
88 -0020(1)(f) and 411-088-
0070(1)(g), (3)(d), and (4). 
(b) A resident who is eligible to return to a facility following hospitalization 
per OAR 411-088-0050 m ay return to a facility that is in the process of 
closing. 
(c) A resident who is eligible to readmit to a facility following discharge per 
O
AR 411-088-0060 m ay readmit to a facility that is in the process of closing. 
(d) A resident who is temporarily absent from a facility per OAR 411-070-
0110 may return to a facility that is in the process of closing. 
Statutory/Other Authority: ORS 410.070, 441.055, 441.615 
Statutes/Other Implemented: ORS 441.055, 441. 615 
411-085-0030 Required Postings 
 
Page 33 
(Amended 09/25/2024) 
(1) Public Notices. 
(a) Content. Public notices required to be posted include: 
(A) The most recent licensing and, if applicable, certification survey 
reports; 
(B) The placard provided by the Department that includes information 
on reporting of abuse and summarizes the nursing facility rules. In 
addition to the location specified in subsection (1)(b) of this rule, this 
placard must also be prominently and conspicuously posted in close 
proximity to each nursing station and in any area where residents are 
admitted; 
(C) The current week's menu and activities schedule; 
(D) The facility license and the administrator's license. (It is 
recommended the titles and names of the administrator, the DNS, the 
Social Services Director, the Activities Director, the Dietary Services 
Supervisor and the RN Care Manager(s) are also posted); 
(E) Waivers received from the Department pursuant to OAR 411-085-
0040 and OAR 411-087-0030, and waivers of any federal regulations; 
(F) The LGBTQIA2S+ Protections, as described in OAR 411-085-0310(21); 
(G) The facility’s non-discrimination policy notice, as described in OAR 
411-085-0210(1)(w); and 
(H) Any other notice relevant to residents or visitors required by state 
or federal law. 
 
Page 34 
(b) Location. The facility shall designate a specific area where notices listed 
in subsection (1)(a) of this rule must be posted. The location shall be in an 
area that: 
(A) Is routinely accessible and conspicuous to residents and visitors, 
including those in wheelchairs; and 
(B) Provides sufficient space for prominent, conspicuous display of 
each notice. 
(2) Notices for Staff. The facility must post the names of registered nurses as 
required by OAR 411-086-0020 a
nd any physician available for emergencies as 
required by OAR 411-0 86 -0200 a t each nursing station. 
Statutory/Other Authority: ORS 410.070, 441.055, 441.122 
Statutes/Other Implemented: ORS 441.055, 441.067, 441.112, 441.615 
411-085-0040 Alternative Methods, Waivers 
(Amended 06/28/2015) 
(1) Application. While all nursing facilities are required to maintain compliance 
with the Department's rules, these requirements do not prohibit the use of 
alternative concepts, methods, procedures, techniques, equipment, facilities, 
personnel qualifications, or the conducting of pilot projects or research. Requests 
for waivers to the rules must: 
(a) Be submitted to the Department in writing; 
(b) Identify the specific rule for which a waiver is requested; 
(c) Describe the special circumstances relied upon to justify the waiver; 
 
Page 35 
(d) Describe what alternatives were considered, if any, and why alternatives 
(including compliance) were not selected; 
(e) Demonstrate the proposed waiver is desirable to maintain or improve 
the quality of care for the residents, maintains or improves resident 
potential for self-direction and self-care, and is not going to jeopardize 
resident health and safety; and 
(f) Identify the proposed duration of the waiver. 
(2) Approval Period. Upon finding that the licensee has satisfied the conditions of 
this rule, the Department may grant a waiver for a specified period of time, not to 
exceed a period of three years. 
(3) Revocation. The Department may revoke any waiver or variance issued by the 
Department immediately upon finding that the facility's operation under the 
waiver or variance has endangered, or if continued may endanger, the health or 
safety of one or more residents. 
(4) Implementation. The facility may implement a waiver only after written 
approval from the Department. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441.615 
411-085-0050 Hospital-Based Nursing Facilities 
(Amended 8/1/2004) 
Facilities that are physically connected to and operated by a licensed general 
hospital will be considered to be in compliance with the following Oregon nursing 
facility requirements: 
 
Page 36 
(1) Requirements for policies, procedures and quality assurance programs if such 
policies, procedures and programs exist for both hospital and nursing facility. 
(2) Requirements for full-time staff positions, departments and committees if the 
hospital has similar positions/departments/committees that address needs in the 
nursing facility. 
(3) Requirements for a drug room or pharmacy if the hospital has a pharmacy or 
drug room available to the nursing facility 24 hours per day. 
(4) Rules requiring specific training for the DNS and the RN Care Manager until 
January 1, 1990. 
(5) Requirements that the administrator be full-time in the nursing facility if the 
nursing facility has 40 or fewer licensed beds. The administrator, however, must 
work full-time, based on time spent on both the hospital and nursing facility 
responsibilities, and must be available to nursing facility staff on a full-time basis. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441.615 
411-085-0060 Specialty Nursing Facilities 
(Amended 06/28/2015) 
(1) Application. Facilities that have successfully obtained from the Oregon Health 
Authority a certificate of need for "specialty long-term care beds" pursuant to OAR 
333-610 must make application to the Department for licensure as a "Specialty 
Nursing Facility" in accordance with OAR 411-085-0010. 
(2) Issuance of License. Licenses shall only be issued to a Specialty Nursing Facility 
after written notification from the Oregon Health Authority that the facility is 
eligible for such licensure. The license issued shall state "Specialty Nursing 
 
Page 37 
Facility" and shall identify the type of residents and specialized services the facility 
is authorized to admit and retain.(3) Compliance with Rules. Specialty Nursing 
Facilities are required to meet all Oregon Administrative Rules that apply to 
Nursing Facilities. 
(4) Admissions. Facilities and distinct parts of facilities licensed as Specialty 
Nursing Facilities must only admit and provide services for residents consistent 
with the Certificate of Need issued by the Oregon Health Authority. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441.615 
411-085-0200 Licensee, Employees, Consultants 
(Amended 3/6/2008) 
(1) Licensee. The licensee will be responsible for the operation of the facility and 
the quality of care rendered in the facility. 
(2) Employees. 
(a) Licensure, Registration, Certification Required. All health care personnel 
working in the facility must be licensed, registered, or certified as required. 
Documentation thereof is required for all such employees. 
(b) Reference Check. The licensee must check and document references for 
all prospective employees prior to employment. 
(c) Job Description. All employees' duties must be defined in writing and 
maintained in the facility. All employees must be instructed in and perform 
the duties assigned. 
(d) Nursing Personnel. Before employing a registered nurse, licensed 
practical nurse or nursing assistant, the licensee must contact the Oregon 
 
Page 38 
State Board of Nursing and inquire whether the person is licensed or 
certified by the Board and whether there has been any disciplinary action by 
the Board against the person or any substantiated abuse findings against a 
nursing assistant. 
(e) The licensee must assure a criminal history check is completed on all 
employees, in accordance with OAR chapter 407, division 007, (Criminal 
History Checks). A licensee must not employ any individual who is 
determined to be ineligible to provide services as outlined in OAR chapter 
407, division 007. 
(3) Prohibition of Employment. The facility must not employ or retain in 
employment any of the following: 
(a) Any person found responsible for abusing, neglecting or mistreating a 
person receiving long-term care services in a final administrative action that 
is not under appeal or in a court of law; 
(b) Any nursing assistant against whom a finding of resident abuse has been 
entered into the registry maintained under ORS 678.150; or 
(c) Any person who is known or reasonably should be known to the facility to 
be abusive or to have been abusive. 
(4) Consultants. When consultants are required, a facility will require consultants 
to file written reports at least quarterly. These reports must include date(s) of 
visit(s), length of time spent on premises, action taken on previous reports, 
problems identified, recommendations, staff members contacted, services 
performed, distribution of reports, and date mailed or delivered. The facility must 
maintain these quarterly reports in the facility. 
 
Page 39 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441. 637, 441.679 
411-085-0210 Facility Policies 
(Amended 09/25/2024) 
(1) A Quality Assessment and Assurance Committee must develop and adopt 
facility policies. The policies must be followed by the facility staff and evaluated 
annually by the Quality Assessment and Assurance Committee and rewritten as 
needed. Policies must be adopted regarding: 
(a) Admission, fees, and services; 
(b) Transfer and discharge, including discharge planning; 
(c) Physician services; 
(d) Nursing services; 
(e) Dietary services; 
(f) Rehabilitative services and restorative services; 
(g) Pharmaceutical services, including self-administration; 
(h) Care of residents in an emergency; 
(i) The referral of residents who may be victims of acute sexual assault to the 
nearest trained sexual assault examiner. The policy must include 
information regarding the collection of medical and forensic evidence that 
must be obtained within 86 hours of the incident; 
(j) Activities; 
(k) Social services; 
 
Page 40 
(l) Clinical records; 
(m) Infection control; 
(n) Diagnostic services; 
(o) Oral care and dental services; 
(p) Accident prevention and reporting of incidents; 
(q) Housekeeping services and preventive maintenance; 
(r) Employee orientation and in-service; 
(s) Laundry services; 
(t) Possession of firearms and ammunition; 
(u) Consultant services; 
(v) Resident grievances; 
(w) LGBTQIA2S+ Protections policy that includes adding the following 
statement in its written materials, and in all places and on all materials 
where that policy or other written materials are posted: 
“(Name of care facility) does not discriminate and does not permit 
discrimination, including but not limited to bullying, abuse or 
harassment, based on an individual’s actual or perceived sexual 
orientation, gender identity, gender expression or human 
immunodeficiency virus status, or based on an individual’s association 
with another individual on account of the other individual’s actual or 
perceived sexual orientation, gender identity, gender expression or 
human immunodeficiency virus status. If you believe you have 
 
Page 41 
experienced this kind of discrimination, you may file a complaint with 
the Oregon Department of Human Services at (provide current contact 
information).”; and 
(x) Facility closure. The policy must identify an administrator’s responsibility 
to assure compliance with OAR 411-085-0025, OAR 411-088-0020(1)(f), and 
OAR 411-088-0070(1)(g), (3)(d), and (4). 
(2) Each policy must be in writing and must specify the date the policy was last 
reviewed by the Quality Assessment and Assurance Committee. 
Statutory/Other Authority: ORS 410.070, 441.055, 441.122, 441.615 
Statutes/Other Implemented: ORS 441.055, 441.112, 441.615 
411-085-0220 Quality Assurance 
(Amended 8/1/2004) 
(1) Quality Assessment and Assurance Committee. Each facility must have a 
Quality Assessment and Assurance Committee. The committee must include the 
administrator, medical director, Director of Nursing Services (DNS), consulting 
pharmacist and at least one other facility staff person. The committee must: 
(a) Ensure a quality assurance program is conducted as required in this rule; 
(b) Adopt facility policies as identified in OAR 411-085-0210; 
(c) Ensure a pharmaceutical services review is completed as required by OAR 
411-086-0260(2); 
(d) Ensure that an infection control program as identified in OAR 411-086-
0330 is conducted; and 
(e) Meet no less often than quarterly. 
 
Page 42 
(2) Quality Assurance. The Quality Assessment and Assurance Committee must 
conduct an annual review of care practices to ensure quality. The review must 
include: 
(a) Evaluation of resident audits (biannual physical examination of a 
representative sample of facility residents). The sample must include a 
minimum of 20 percent of the residents or ten residents, whichever is 
greater; 
(b) Clinical records, including medication administration and treatments; 
(c) Resident nutritional status, including weights, intake, and output; 
(d) Care plans to ensure that care needs have been identified and 
addressed; 
(e) The services and functions required by the policies listed in OAR 411-085-
0210; and 
(f) Actions taken to resolve identified problems and to prevent their 
recurrence. 
(3) Documentation. All meetings of the Quality Assessment and Assurance 
Committee must be documented. Documentation must include a listing of those 
in attendance, length of the meeting, issues discussed, findings, actions, 
recommendations made and assessment of previous actions and 
recommendations. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441.615 
411-085-0300 Civil Rights 
(Amended 8/1/2004) 
 
Page 43 
(1) The facility must not make any distinction, discrimination or restriction based 
on a resident's, potential resident's or visitor's sex, marital status, race, color, 
national origin or disability. 
(2) The facility must make reasonable accommodations in order to provide 
services needed by applicants who are disabled. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441. 615 
411-085-0310 Residents' Rights: Generally 
(Amended 09/25/2024) 
The facility must protect, encourage, and assist the resident in exercising the 
rights identified in OAR 411-085-0300 – OAR 411-085-0350. Each resident and the 
resident's legal representative, as appropriate, have the right to: 
(1) Be encouraged and assisted while in the facility to exercise rights as a citizen 
or resident of Oregon and of the United States. 
(2) Be fully informed, orally and in writing, in a language the resident understands 
of these rights, and of all facility guidelines for resident conduct and 
responsibilities. This must be documented by the resident's written 
acknowledgment, before or at the time of admission. 
(3) Be fully informed, before or at the time of admission and during the resident's 
stay, of services available in the facility, including Medicaid and Medicare 
certification status and the potential consequences thereof to the resident. The 
facility must assist the resident to apply for Medicaid and Medicare benefits, by 
ensuring the resident is able to contact the local Medicaid agency, whenever a 
resident may be eligible. 
 
Page 44 
(4) Be fully informed of his or her total health status, including, but not limited to 
medical status. The resident must be informed of the right to choose his or her 
own physician and to be fully informed in advance of any changes in care or 
treatment. The facility staff must encourage the resident to exercise the right to 
make his or her own decisions and fully participate in care and care planning 
unless the resident has been found legally incapable of doing so. 
(5) Refuse any medication, treatment, care, or any participation in experimental 
research unless the resident has been found legally incapable of doing so. 
(6) Be encouraged, but not required, to perform activities for therapeutic 
purposes when identified in the resident's care plan. 
(7) Be free from verbal, sexual, mental and physical abuse, corporal punishment, 
and involuntary seclusion. Chemical and physical restraints may only be used to 
ensure the physical safety of the residents and may not be used for discipline or 
convenience. Except as provided in OAR 411-086-0140, restraints may only be 
used on order of a physician. 
(8) Be transferred or discharged only in accordance with the Aging and People 
wi
th Disabilities transfer and discharge rules in OAR chapter 411, division 088. 
(9) Not be reassigned to a new room within the facility without cause and without 
adequate preparation for the move in order to avoid harmful effects. 
(a) Involuntary reassignment of rooms may only be made after reasonable 
advance notification (oral or written) and preparation. Unless there is clear 
and adequate written justification for a shorter time frame, "reasonable 
advance notification" means no less than 14 days. 
 
Page 45 
(b) Residents must not be involuntarily reassigned rooms within the facility if 
such reassignment may have a significant adverse impact on the resident's 
medical or psychological status. 
(c) Moving residents on the basis of source of payment is not just cause for 
intra-facility transfers. 
(d) Residents and significant others must receive prior notice of any move 
and any change in roommate assignment. 
(10) Voice grievances and suggest changes in policies and services to either staff 
or outside representatives without fear of restraint, interference, coercion, 
discrimination, or reprisal. The facility staff must listen to and act promptly upon 
grievances and recommendations received from residents and family groups. 
(11) Be treated with consideration, respect, and dignity and assured complete 
privacy during treatment and when receiving personal care. 
(12) To be given informed consent before any nontherapeutic examination, 
observation or treatment is provided. 
(13) Associate and communicate privately with persons of the resident's choice, to 
send and receive personal mail unopened, and to have regular access to the 
private use of a telephone. 
(14) Be provided privacy for visits when requested, including meetings with other 
residents and family groups. 
(15) Have clinical and personal records kept confidential. Copies of the records 
must not be transferred outside the facility unless the resident is transferred, or 
examination of the records is required by the attending physician, the third party 
payment contractor, Aging and People with Disabilities, Type B Area Agency on 
 
Page 46 
Aging, or the Long Term Care Ombudsman. Nothing in this rule is intended to 
prevent a resident from authorizing access to the resident's clinical and personal 
records by another person. 
(16) Promptly inspect all records pertaining to the resident. 
(17) Purchase photocopies of records pertaining to the resident. Photocopies 
requested by the resident must be promptly provided, but in no case require 
more than two business days (days excluding Saturdays, Sundays and state 
holidays). 
(18) Participate in social, religious, and community activities at the discretion of 
the resident. 
(19) Keep and use personal clothing and possessions as space permits unless to 
do so infringes on other residents' rights. The resident must be permitted to have 
a lockable storage space for personal property. Both the resident and facility 
management may have keys. 
(20) Be free of retaliation. After the resident, or the resident's legal representative, 
has exercised rights provided by law or rule, the facility, or any person subject to 
the supervision, direction, or control of the facility, shall not retaliate by: 
(a) Increasing charges or decreasing services, rights, or privileges; 
(b) Threatening to increase charges or decrease services, rights, or 
privileges; 
(c) Taking or threatening any action to coerce or compel the resident to 
leave the facility; or 
(d) Abusing, harassing, or threatening to abuse or harass a resident. 
 
Page 47 
(21) LGBTQIA2S+ Protections. A facility and the staff of the facility may not take 
any of the following actions based in whole or in part on a resident’s actual or 
perceived sexual orientation, gender identity, gender expression or human 
immunodeficiency virus status: 
(a) Deny admission to a facility, transfer or refuse to transfer a resident 
within a facility or to another facility or discharge or evict a resident from a 
facility; 
(b) Deny a request by a resident to choose the resident’s roommate, when a 
resident is sharing a room; 
(c) Refuse to assign a room to a transgender or other LGBTQIA2S+ resident 
other than in accordance with the resident’s gender identity, unless at the 
request of the resident or if required by federal law; 
(d) Prohibit a resident from using, or harass a resident who seeks to use or 
does use, a restroom that is available to other individuals of the same 
gender identity as the resident, regardless of whether the resident is 
making a gender transition, has taken or is taking hormones, has 
undergone gender affirmation surgery or presents as gender 
nonconforming. Harassment includes, but is not limited to, requiring a 
resident to show documentation of gender identity in order to gain entrance 
to a restroom or other area of a care facility that is available to other 
individuals of the same gender identity as the resident; 
(e) Repeatedly and willfully refuse to use a resident’s name or pronouns 
after being reasonably informed of the resident’s name or pronouns; 
 
Page 48 
(f) Deny a resident the right to wear or be dressed in clothing, accessories or 
cosmetics, or to engage in grooming practices, that are permitted to any 
other resident; 
(g) Restrict a resident’s right to associate with other residents or with 
visitors, including the resident’s right to consensual sexual relations or to 
display physical affection, unless the restriction is uniformly applied to all 
residents in a nondiscriminatory manner; 
(h) Deny or restrict medical or nonmedical care that is appropriate to a 
resident’s organs and bodily needs, or provide medical or nonmedical care 
that, to a similarly situated, reasonable person, unduly demeans the 
resident’s dignity or causes avoidable discomfort; 
(i) Fail to accept a resident’s verbal or written attestation of the resident’s 
gender identity or require a resident to provide proof of the resident’s 
gender identity using any form of identification; 
(j) Fail to take reasonable actions, within the care facility’s control, to prevent 
discrimination or harassment when the facility knows or should have known 
about the discrimination or harassment; 
(k) Refuse or willfully fail to provide any service, care or reasonable 
accommodation to a resident; or 
(l) Refuse or willfully fail to provide any service, care or reasonable 
accommodation to a potential resident applying for services or care. 
(22) Not be required to sign any contract or agreement that purports to waive any 
resident's right, including the right to collect payment for lost or stolen articles. 
 
Page 49 
(23) Be fully informed of the facility policy on possession of firearms and 
ammunition within the facility. 
(24) Receive care from facility staff trained to provide care that is specific to the 
resident’s disease or medical condition. 
(25) Receive a modified or special diet that meets the specific requirements of the 
resident’s disease or medical condition. 
Statutory/Other Authority: ORS 410.070, 441.055, 441.122 
Statutes/Other Implemented: ORS 441.055, 441.112, 441.114, 441.600, 441.610, 
441.615, 441.700 
411-085-0320 Residents' Rights: Charges and Rates 
(Amended 8/1/2004) 
(1) Admission. The facility must provide written and oral notice before or at the 
time of admission to each resident specifying: 
(a) The base daily rate, or Medicaid rate and, as soon as known, amount of 
resident liability, as applicable; services provided for that rate, and other 
charges that might reasonably be expected, including but not limited to 
medical supplies, pharmaceuticals, incontinence care, feeding, bedhold daily 
rate, and laundry; 
(b) Whether the facility accepts Medicaid reimbursement: 
(A) If the facility accepts Medicaid reimbursement, the notice must 
include a description of the Medicaid eligibility requirements and who 
to contact to apply for Medicaid assistance; 
 
Page 50 
(B) If the facility does not accept Medicaid, the notice must include the 
facility's policy regarding residents who exhaust their private resources 
and become eligible for Medicaid; 
(C) Nothing in this section will be construed to permit discrimination 
based on payment source; and 
(c) Alternative forms of transportation available to the resident for routine 
and emergency transportation, including information on possible cost and 
how to access such service(s). 
(2) Rate Changes. The facility must give 30 days' written notice to all residents of 
changes in base rates and any other charge. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441. 605, 441.615 
411-085-0330 Residents' Rights: Visitor Access 
(Amended 8/1/2004) 
(1) Definition. As used in this rule, "full and free access" means access to the 
fullest extent possible without undue adverse interference on the operation of 
the facility. 
(2) Full Access. The facility must permit individuals and groups full and free access 
to: 
(a) Visit, talk with and make personal, social and legal services available to all 
residents; 
(b) Inform residents of their rights and entitlements, and their 
corresponding obligations, under federal and state laws by means of 
 
Page 51 
distribution of educational materials and discussion in groups and with 
individual residents; 
(c) Assist, advise and represent residents in obtaining public assistance, 
medical assistance, social security benefits and in asserting resident rights. 
Assistance may be provided to residents individually or in groups. 
(3) Right to Refuse. The resident has the right to refuse contact with any individual 
or group who otherwise has access to the facility under this rule. The refusal to 
communicate with any individual or group must be made directly by the resident 
unless the resident's medical record clearly documents the reasons for not doing 
so. 
(4) Solicitation. This rule is not intended to allow access to persons or 
organizations whose primary purpose is to solicit purchase of services or 
products, or solicit contributions, from the residents or staff. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441. 605, 441.615 
411-085-0340 Residents' Rights: Pharmaceutical Services, Charges 
for Drugs 
(Amended 8/1/2004) 
(1) Choice of Suppliers: 
(a) The resident must have a choice from among 
prescription/nonprescription drug delivery systems so long as the system 
selected: 
(A) Provides for timely delivery of drugs; 
(B) Provides adequate protection to prevent tampering with drugs; 
 
Page 52 
(C) Provides that drugs are delivered in a unit of use compatible with 
the established system of the facility for dispensing drugs, whether 
that system is provided by a facility pharmacy or by a contract with a 
pharmacy; and 
(D) Provides a 24-hour emergency service procedure either directly or 
by contract with another pharmacy. 
(b) The resident must have a choice from among suppliers of 
nonprescription medication, but no facility is required to accept any opened 
container of such medication; 
(c) If the established system of the facility, whether provided by facility 
pharmacy or a pharmacy under contract, provides resident profile 
information (diagnosis, medications and allergies), the pharmacy chosen by 
the resident under subsection (1)(a) of this rule must also provide that 
information for any resident it serves at the facility; 
(d) The resident must have a choice from among suppliers of 
nonprescriptive sickroom supplies so long as any items supplied can be 
maintained in a clean manner with equipment available at the facility; 
(e) For purposes of subsections (1)(b) and (c) of this rule, "supplier" includes 
an authorized representative of the resident who purchases nonprescriptive 
medication or nonprescriptive sickroom supplies at retail. 
(2) Charges for Drugs. 
(a) If a facility charges residents for drugs, the following must be made 
available to the resident on request: 
(A) Name of the drug; 
 
Page 53 
(B) Amount paid by the facility for the drug; 
(C) Amount charged by the facility for the drug; and 
(D) Amount of repackaging costs, if any. 
(b) If a pharmacy charges any resident's insurance company or other party 
for a drug administered to a resident in a nursing facility, the pharmacy 
must provide on request a written bill listing the: 
(A) Name of the drug; and 
(B) Amount charged by the pharmacy for the drug. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441. 083, 441.084, 441.615 
411-085-0350 Residents' Rights: Personal Funds 
(Amended 06/28/2015) 
(1) Resident Held Funds. The resident has the right to manage his or her financial 
affairs and the facility may not require residents to deposit personal funds with 
the facility. 
(2) Facility Held Funds. 
(a) Resident Request. The facility must hold, safeguard, manage, and 
account for the personal funds of the resident when requested in writing. 
The resident must be fully informed of the facility's system for protecting 
personal funds. When the resident requests the facility hold such funds, the 
facility must ensure the request is in writing. 
(b) Accounting System. The facility must establish and maintain a system 
that assures a full and complete and separate accounting, according to 
 
Page 54 
generally accepted accounting principles, of each resident's personal funds 
entrusted to the facility. The system may allow resident funds to be pooled 
together, however, it must preclude any commingling of resident funds with 
facility funds. 
(c) Report to Resident. The facility must provide a copy of the individual 
financial record to the resident no less often than quarterly and upon the 
request of the resident. The statement must include the following 
information: 
(A) Identification number and location of the account in which the 
resident's personal funds have been deposited. 
(B) The resident's account balance at the beginning of the statement 
period. 
(C) A listing of each deposit and withdrawal, to and from the resident's 
account. Each withdrawal must include an explanation of the reason 
for the withdrawal (e.g., If money is requested by the resident, facility 
may document "resident request"). 
(D) The interest earned, if any, and the current interest rate. 
(E) The ending balance. 
(d) Resident Control of Funds. The facility must take all reasonable 
precautions to ensure the resident's funds are handled according to the 
resident's wishes. If the resident's wishes are unable to be determined, 
funds must be handled in accordance with the best interests of the resident. 
(e) Resident Access to Funds. The facility must allow residents access to 
funds on weekdays, (Monday through Friday, excluding holidays) during 
 
Page 55 
business office hours, (no less than six hours per day) and at least two hours 
per day on all other days. 
(f) Funds Under $50. The facility may hold up to $50 for each resident in a 
non-interest-bearing, petty cash fund. All resident funds held by the facility 
that are not in the petty cash fund must be deposited in an interest-bearing 
account as described in subsection (g) of this rule. 
(g) Funds $50 and over. 
(A) Whenever money held by the facility for a resident exceeds $50, the 
excess above $50 must, within 7 days of receipt, be deposited in the 
resident's interest-bearing account, unless the money is managed in a 
Trust and Agency Account held by the Department. 
(B) If the interest-bearing account for residents is pooled, the facility 
must have a system that accurately and promptly allocates earned 
interest to the appropriate resident. 
(h) SSI Resource Limit Exceeded. The facility must notify any resident 
receiving Medicaid benefits whenever his or her account reaches within 
$200 of the SSI resource limit for one person; and that, if the amount in the 
account and the value of the resident's non-exempt resources reaches the 
SSI resource limit for one person, the resident may lose eligibility for 
Medicaid or SSI. 
(i) Death of Resident. Upon the death of a Medicaid or General Assistance 
resident with no known surviving spouse, any personal incidental funds held 
by the facility for the resident must be forwarded to the Department of 
Human Services, Estate Administration Unit, P.O. Box 14021, Salem, OR 
97309, within 10 business days of the death of the resident. The facility must 
 
Page 56 
maintain documentation of the action taken and the amount of funds 
conveyed. 
(j) Surety Bond. The licensee must purchase a surety bond, or provide self-
insurance to assure the security of all personal funds of residents deposited 
with the facility. The amount of the bond must be sufficient to cover the 
highest amount of the account with resident funds, plus the petty cash 
funds, during the previous 12 months. 
(3) Change of Ownership or Licensee. At the time of a change of ownership or 
licensee, the new owner or licensee must ensure: 
(a) Written Accounting of Funds. Each resident or delegate receives a written 
accounting of his or her funds held by the facility at the time of the change. 
A copy of the written accounting for each resident must be provided to the 
local APD or Type B AAA. 
(b) Resident Wishes Respected. That the wishes of each resident regarding 
management of facility held funds is determined and documented (see OAR 
411-070-0095 for Medicaid clients), and that funds held by the prior owner 
or licensee are transferred to the new owner or licensee, or to another party 
designated by the resident. 
Statutory/Other Authority: ORS 410.070, 441.
 055 
Statutes/Other Implemented: ORS 441.055, 441.615 
411-085-0360 Abuse 
(Amended 11/10/2025) 
(1) ABUSE IS PROHIBITED. The facility employees, agents, and licensee must not 
permit, aid, or engage in abuse of residents under their care. 
 
Page 57 
(2) REPORTERS AND MANDATORY REPORTERS. All persons are encouraged to 
report abuse and suspected abuse. The following persons are required to 
immediately report abuse and suspected abuse to The Department or law 
enforcement agency: 
(a) Physicians, including any resident physician or intern; 
(b) Licensed practical or registered nurses; 
(c) Employees of the Department, Area Agency on Aging, county health 
department, or community mental health program; 
(d) Nursing facility employees or any individual who contracts to provide 
services in a nursing facility; 
(e) Peace officers; 
(f) Clergy; 
(g) Licensed social workers; 
(h) Physical, speech, or occupational therapists; and 
(i) Family members of a resident, guardians, or legal counsel for a resident. 
(3) FACILITY REPORTING OF ABUSE OR SUSPECTED ABUSE. 
(a) The nursing facility administration must immediately notify the 
Department, local designee of the Department, or local law enforcement 
agency of any incident of abuse or suspected abuse. Physical injury of an 
unknown cause must be reported to the Department as suspected abuse, 
unless an immediate facility investigation reasonably concludes the physical 
injury is not the result of abuse. 
 
Page 58 
(b) The local law enforcement agency must be called first when the 
suspected abuse is believed to be a crime (for example, rape, murder, 
assault, burglary, kidnapping, or theft of controlled substances). 
(c) The local law enforcement agency must be called if the offices of the 
Department or designee are closed and there are no arrangements for 
after-hours investigation. 
(4) ABUSE COMPLAINT. The oral or written abuse complaint must include the 
following information when available; 
(a) Names, addresses, and phone numbers of a
 lleged perpetrators, 
residents, and witnesses; 
(b) The nature and extent of the abuse or suspected abuse, including any 
ev
idence of previous abuse; 
(c) Any explanation given for the abuse or suspected abuse; and 
(d) Any other information the person making the report believes might be 
helpful in establishing the circumstances surrounding the abuse and the 
identity of the perpetrator. 
(5) PRIVILEGE. In the case of abuse of a resident, the physician-patient privilege, 
the husband-wife privilege, and the privileges extended under ORS 40.225 to 
40.295 shall not be a ground for excluding evidence regarding the abuse, or the 
cause thereof, in any judicial proceeding resulting from an abuse complaint made 
pursuant to this section. 
(6) PROHIBITION OF RETALIATION OR INTERFERENCE WITH DISCLOSURE OF 
I
NFORMATION. 
 
Page 59 
(a) The facility licensee, employees, and agents must not retaliate in any way 
against anyone who participates in the making of an abuse complaint, 
including, but not limited to, restricting otherwise lawful access to the 
facility or to any resident or, if an employee, to dismissal or harassment. 
(b) The facility licensee, employees, and agents must not retaliate against 
any resident who is alleged to be a victim of abuse. 
(c) Anyone who, in good faith, reports abuse or suspected abuse shall have 
immunity from any liability that might otherwise be incurred or imposed 
with respect to the making or content of an abuse complaint. Any such 
person shall have the same immunity with respect to participating in judicial 
or administrative proceedings relating to the complaint. 
(d) The facility shall not interfere with a good faith disclosure of information 
by an employee or volunteer concerning the abuse or other action affecting 
the welfare of a resident in the facility. The information shared may include 
the reporting of violations of licensing or certification requirements, criminal 
activity at the facility, violations of state or federal laws or any practice that 
threatens the health and safety of a resident of the facility to: 
(A) The Long-Term Care Ombudsman, the Oregon Department of 
Human Services, the Centers for Medicare and Medicaid Services, a law 
enforcement agency or other entity with legal or regulatory authority 
over the facility; or 
(B) A family member, guardian, friend, or other person who is acting 
on behalf of the resident. 
(e) Unless performed with the intent to comply with state or federal law, 
including but not limited to protecting residents’ rights or carrying out a 
 
Page 60 
facility’s policies and procedures that are consistent with state and federal 
law, it is interference with the disclosure of information as described in 
subsection (d) if a facility licensee, employee, or agent: 
(A) Asks or requires an employee or volunteer to sign a nondisclosure 
or similar agreement prohibiting the employee or volunteer from 
disclosing the information; 
(B) Trains an employee or volunteer not to disclose the information; or 
(C) Takes actions or communicates to the employee or volunteer that 
the employee or volunteer may not disclose the information. 
(f) This rule does not authorize the disclosure of protected health 
information, as defined in ORS 192.556, other than as is permitted by the 
federal Health Insurance Portability and Accountability Act privacy 
regulations, 45 C.F.R. parts 160 a nd 164, ORS 192.553 to 192.581 o r by other 
state or federal laws limiting the disclosure of health information. 
(7) INVESTIGATION BY FACILITY. 
(
a) In addition to immediately reporting suspected abuse or neglect to the 
Department and law enforcement agency in accordance with 42 CFR 483.12, 
the facility must promptly investigate and document the findings of all 
reports of suspected abuse or neglect. 
(b) The facility must immediately develop a safety plan and take appropriate 
m
easures to protect residents and prevent reoccurrence of abuse and 
neglect for all residents while an investigation is in process. 
(c) The facility must ensure all investigations of alleged abuse and neglect 
are impartial, unbiased and without any actual or appearance of a conflict of 
 
Page 61 
interest. The facility must also ensure there are no conflicts of interest 
between the individual conducting the investigation and any individual 
involved with the abuse, neglect or suspected abuse or neglect. 
(d) The facility must immediately develop and implement a plan of 
correction when the results of the abuse investigation confirm the findings 
have been verified. 
(e) The facility must make available to the Department its investigation 
documents and findings upon request. 
(f) The facility must develop and implement written policies and procedures 
related to investigating abuse and neglect. The policy and procedures must 
also include the following: 
(A) The process the facility will follow to conduct investigations in an 
impartial and unbiased manner, without any actual or appearance of 
conflict of interest. 
(B) A written process to validate and document the individual 
conducting the investigation does not have a conflict of interest with 
the individuals involved in the abuse, neglect or suspected abuse or 
neglect and must provide the documentation upon request. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.055, 441.615, 441.630, 441.637, 441.640, 
441.645, 441.655 
411-085-0370 Confidentiality 
(Amended 06/28/2015) 
This rule applies to facility licensees, employees, and agents, to Department staff, 
and the staff of all Area Agencies on Aging. 
 
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(1) Residents. The names of residents and all documentation that may allow the 
identification of a resident must be kept confidential and are not accessible for 
public inspection. 
(2) Complainants, Witnesses. The names and identity of complainants and 
witnesses referred to in Department complaint investigations must be kept 
confidential and are not accessible for public inspection. 
Statutory/Other Authority: ORS 410.070, 441.055 
Statutes/Other Implemented: ORS 441.637, 441.671