2017 ORS 443.420¹
Qualifications for license

(1) A person applying for a license under ORS 443.415 (License applications) must, in the judgment of the director of the licensing agency, be a person:

(a) Who demonstrates an understanding and acceptance of the rules governing residential facilities;

(b) Mentally and physically capable of caring for such residents; and

(c) Who employs or utilizes only individuals whose presence does not jeopardize the health, safety or welfare of residents.

(2) A residential facility may not be operated or maintained in combination with a nursing home or hospital unless:

(a) The residential facility is licensed, maintained and operated as a separate and distinct part; or

(b) The residential facility is licensed as a conversion facility under ORS 443.431 (Conversion facilities).

(3) All physical residential facilities used for residents must meet applicable requirements of the State Fire Marshal.

(4) As of the date of licensure, a residential facility must be in substantial compliance with applicable state and local laws, rules, codes, ordinances and permit requirements.

(5) Prior to licensure, a residential facility that proposes to house persons under the age of 21 years shall submit written proof to the licensing agency demonstrating that the facility will:

(a) Comply with ORS 336.575 (Notice and consultation before establishing, expanding or changing residential program); and

(b) Ensure that the children who reside at the residential facility receive appropriate educational services that are:

(A) Comprehensive and age-appropriate;

(B) In compliance with requirements of state and federal law; and

(C) If applicable, in compliance with the individual education program of the child.

(6) Prior to an initial licensure of a residential care facility, the licensing agency shall consider:

(a) The license applicant’s history of regulatory compliance and operational experience;

(b) The willingness of the license applicant to serve underserved populations; and

(c) The willingness of the license applicant to contract with the licensing agency to provide services through the state medical assistance program.

(7)(a) The licensing agency may not issue an initial license to a residential care facility if the facility has not conducted a market study that assesses the need for the services offered by the facility in the geographic area served by the facility.

(b) This subsection does not apply to a conversion facility licensed under ORS 443.431 (Conversion facilities). [1977 c.717 §4; 1985 c.264 §3; 2008 c.18 §12; 2009 c.595 §781; 2011 c.105 §1; 2015 c.241 §1; 2017 c.679 §21]

Note: Sections 1 and 47, chapter 679, Oregon Laws 2017, provide:

Sec. 1. (1) The Legislative Assembly finds that:

(a) Residents of Oregon’s community-based care facilities are valued citizens of this state and deserve to live lives of autonomy and dignity; and

(b) Support and training for those who serve these valued citizens are important to ensuring that these valued citizens are able to live the lives they deserve.

(2) The Legislative Assembly finds and declares that it is the policy of this state to:

(a) Promote the autonomy of residents of Oregon’s community-based care facilities and accord them honor, dignity and the ability to choose freely how they live their lives so as to encourage maximum independence and fulfillment; and

(b) Ensure that administrators of residential care facilities, which include assisted living and memory care facilities, are licensed by an independent board no later than July 1, 2019. [2017 c.679 §1]

Sec. 47. Section 1 of this 2017 Act is repealed on December 31, 2019. [2017 c.679 §47]

Atty. Gen. Opinions

Licensing nursing homes for mentally retarded under licensing pro­vi­sions of residential facilities, (1978) Vol 39, p 1

1 Legislative Counsel Committee, CHAPTER 443—Residential Care; Adult Foster Homes; Hospice Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors443.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 443, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano443.­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.