2017 ORS 441.065¹
Exemption of certain religious institutions

This section is amended
Effective April 3, 2018
Relating to health care facilities; creating new provisions; amending ORS 192.660, 441.020, 441.025, 441.030, 441.065, 441.077, 442.015, 442.120, 442.700, 442.837 and 677.515; and declaring an emergency.

(1) ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons) and 441.196 (Discharge of patients receiving mental health treatment) or the rules adopted pursuant thereto do not authorize the supervision, regulation or control of the remedial care or treatment of residents or patients in any home or institution that is described under subsection (2) of this section and is conducted for those who rely upon treatment solely by prayer or spiritual means, except as to the sanitary and safe conditions of the premises, cleanliness of operation and its physical equipment. This section does not exempt such a home or institution from the licensing requirements of ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility), 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595), 441.815 (Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited), 441.820 (Procedure for termination of physician’s privilege to practice medicine at health care facility), 441.990 (Civil and criminal penalties), 442.342 (Waiver of requirements), 442.344 (Exemptions from requirements) and 442.400 (“Health care facility” defined) to 442.463 (Annual utilization report).

(2) To qualify under subsection (1) of this section, a home or institution must:

(a) Be owned by an entity that is registered with the Secretary of State as a nonprofit corporation and that does not own, hold a financial interest in, control or operate any facility, wherever located, of a type providing medical health care and services; and

(b) Provide 24 hour a day availability of nonmedical care and services.

(3) As used in this section:

(a) “Medical health care and services” means medical screening, examination, diagnosis, prognosis, treatment and drug administration. “Medical health care and services” does not include counseling or the provision of social services or dietary services.

(b) “Nonmedical care and services” means assistance or services, other than medical health care and services, provided by attendants for the physical, mental, emotional or spiritual comfort and well being of residents or patients. [Amended by 1971 c.730 §17; 1973 c.840 §11; 1977 c.751 §24; 1997 c.490 §1; 2009 c.792 §38]

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital’s 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 (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2017) (last ac­cessed Mar. 30, 2018).
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.