2015 ORS 441.015¹
Licensing of facilities and health maintenance organizations
  • compliance with rules and standards

(1) No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, maintain, manage or operate a health care facility or health maintenance organization, as defined in ORS 442.015 (Definitions), in this state without a license.

(2) Any health care facility or health maintenance organization which is in operation at the time of promulgation of any applicable rules or minimum standards under ORS 441.025 (License issuance) or 731.072 (Certificate of authority, license) shall be given a reasonable length of time within which to comply with such rules or minimum standards. [Amended by 1971 c.730 §4; 1973 c.840 §4; 1977 c.751 §19; 2003 c.14 §249; 2009 c.792 §37]

Notes of Decisions

By compelling doctors to review their competitors, Oregon has expressed policy to replace pure competi­tion for purpose of determining whether peer-review ac­tivity is exempted from federal antitrust laws. Patrick v. Burget, 800 F2d 1498 (1986)

Atty. Gen. Opinions

Licensing of alcoholism facilities approved for state alcoholism grants by Mental Health Division, (1977) Vol 38, p 1533; regula­tion of hospitals licensed under this sec­tion which provide home health services, (1978) Vol 38, p 1783

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospitals employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963


1 Legislative Counsel Committee, CHAPTER 441—Health Care Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors441.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.