2015 ORS 441.615¹
Powers and responsibilities of department
  • rules

In the administration of ORS 441.600 (Definitions for ORS 441.600 to 441.625) to 441.625 (Retaliation against resident exercising rights prohibited), 441.710 (Civil penalties) and 441.715 (Objective criteria for civil penalties), the Department of Human Services shall have the following powers and responsibilities:

(1) To inspect any facility and the records of any facility to insure compliance with ORS 441.600 (Definitions for ORS 441.600 to 441.625) to 441.625 (Retaliation against resident exercising rights prohibited), 441.710 (Civil penalties) and 441.715 (Objective criteria for civil penalties).

(2) To adopt rules in accordance with ORS chapter 183, including but not limited to procedures for investigations and administrative hearings.

(3) To file complaints and initiate proceedings for the enforcement of ORS 441.600 (Definitions for ORS 441.600 to 441.625) to 441.625 (Retaliation against resident exercising rights prohibited), 441.710 (Civil penalties) and 441.715 (Objective criteria for civil penalties) or of rules adopted under ORS 441.600 (Definitions for ORS 441.600 to 441.625) to 441.625 (Retaliation against resident exercising rights prohibited), 441.710 (Civil penalties) and 441.715 (Objective criteria for civil penalties).

(4) To issue subpoenas. [1979 c.261 §3]

Notes of Decisions

Discharge of employee for reporting viola­tion of policy to protect patients is discharge for fulfilling societal obliga­tion and is ac­tionable. McQuary v. Bel Air Convalescent Home, Inc., 69 Or App 107, 684 P2d 21 (1984), Sup Ct review denied

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 (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.