ORS 678.820¹
Duties and powers of board and Health Licensing Office
  • rules

(1) The Long Term Care Administrators Board is responsible for advising the Health Licensing Office in all matters relating to the administration of ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office), including:

(a) Developing standards for education and training;

(b) Developing standards of practice and professional conduct;

(c) Establishing standards related to the issuance, denial, revocation, suspension or renewal of licenses to practice as a nursing home administrator or residential care facility administrator;

(d) Preparing or approving the examinations required under ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office), in accordance with standards provided by the office; and

(e) Assisting the office in administering ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office).

(2) The office shall administer ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) by:

(a) Determining the qualifications and fitness of applicants for licenses, renewed licenses, reciprocal licenses and provisional licenses under ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office).

(b) Examining, approving, issuing, denying, revoking, suspending and renewing licenses to practice as a nursing home administrator and residential care facility administrator.

(c) Providing for waivers of examinations or provisional licenses.

(d) Establishing and carrying out procedures to ensure compliance with professional standards adopted by the board.

(e) Pursuant to ORS 676.608 (Investigative authority), receiving and investigating complaints filed regarding nursing home administrators and residential care facility administrators.

(f) Establishing and collecting fees and charges to carry out the office’s duties under ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office).

(g) In accordance with ORS 183.330 (Description of organization) and 676.615 (Rulemaking authority), adopting, amending and repealing rules that are necessary to carry out the administration of ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office).

(h) Maintaining a register of all licensed nursing home administrators and residential care facility administrators.

(3) The office shall consider and be guided by the recommendations of the board in all matters relating to the administration of ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office). [1971 c.663 §5; 1985 c.47 §5; 1995 c.79 §343; 2009 c.768 §13; 2013 c.568 §43; 2018 c.61 §11]

Note: Sections 27 to 30, chapter 61, Oregon Laws 2018, provide:

Sec. 27. (1) Not later than January 1, 2019, the Health Licensing Office and the Long Term Care Administrators Board shall ensure that the members of the board meet the professional representation membership requirements established in ORS 678.800 (Long Term Care Administrators Board), as amended by section 9 of this 2018 Act.

(2) Not later than December 31, 2021, each member of the board who is subject to the requirements of section 28 of this 2018 Act must hold a residential care facility administrator license.

(3) Not later than December 31, 2019, the board shall approve the examinations for licensure as a residential care facility administrator described in section 3 of this 2018 Act [678.743 (Residential care facility administrator examination)]. [2018 c.61 §27]

Sec. 28. (1) Not later than July 1, 2019, an individual who is employed in Oregon as a residential care facility administrator, as defined in ORS 678.710 (Definitions for ORS 678.710 to 678.820), or who is not employed as described in this subsection but who otherwise meets the requirements of paragraphs (a) to (g) of this subsection and who intends to seek employment as a residential care facility administrator before the operative date specified in section 32 (2) of this 2018 Act [January 1, 2022], shall apply to the Health Licensing Office on a form created by the office for a residential care facility administrator license. The office may issue a license under this section to an applicant who:

(a) Is at least 21 years of age;

(b) Has earned at least a high school diploma or its equivalent;

(c)(A) For at least two of the last five years has been employed in a professional or managerial capacity in a field related to health or social service, or has a combination of experience and education deemed sufficient by the office; or

(B) Has earned at least a bachelor’s degree in a field related to health or social service;

(d) Has completed at least 40 hours of training approved by the Department of Human Services by rule;

(e) Has met any applicable continuing education requirements established by the department by rule for the lesser of the three years immediately preceding the date of application or the duration of employment or qualification in Oregon as a residential care facility administrator;

(f) Is in good standing with the office, and has not been responsible for any residential care facility that has been subject to conditions imposed by the department while the person was responsible for the residential care facility, for the lesser of the four years immediately preceding the date of application or the duration of employment or qualification in Oregon as a residential care facility administrator; and

(g) Pays the licensure fee established by the office by rule.

(2)(a) The office may issue a provisional residential care facility administrator license to an individual who applies for licensure under this section and who is employed in Oregon as a residential care facility administrator but who does not meet all the requirements of subsection (1)(e) and (f) of this section. An individual described in this subsection must earn a passing score on an examination described in section 3 of this 2018 Act [678.743 (Residential care facility administrator examination)] on or before December 31, 2021.

(b) At its discretion and for good cause, the office may waive the requirements of subsection (1)(e) and (f) of this section.

(3) The office may issue a provisional residential care facility administrator license to an individual who is employed in a state other than Oregon as a residential care facility administrator, or similar role, but who meets the requirements of section 2 (1)(a) to (e) of this 2018 Act [678.733 (Residential care facility administrator license) (1)(a) to (e)]. An individual described in this subsection must earn a passing score on an examination described in section 3 of this 2018 Act on or before December 31, 2021.

(4) An individual who applies for a provisional license under subsection (2) or (3) of this section must pay the provisional licensure fee established by the office by rule.

(5) When issuing a license or a provisional license under this section, the office shall consider the qualifications for employment under ORS 443.004 (Criminal records check required for employees and volunteers providing direct care).

(6) An individual issued a license or a provisional license under this section shall meet any requirements for continuing education established by the office by rule.

(7) A provisional residential care facility administrator license issued under this section is not renewable and expires on the earlier of December 31, 2021, or the date upon which the holder is issued a license under section 2 of this 2018 Act.

(8) Not later than January 1, 2022, an individual who holds a provisional residential care facility administrator license and who is employed in Oregon as a residential care facility administrator must obtain a residential care facility license under section 2 of this 2018 Act.

(9) Licenses and provisional licenses issued under this section are subject to the provisions of ORS 678.790 (Procedure).

(10) Moneys collected under this section shall be paid into the General Fund and credited to the Health Licensing Office Account established under ORS 676.625 (Health Licensing Office Account).

(11) The office may adopt rules to carry out the requirements of this section, and may consult with the department in establishing any standards under this section. [2018 c.61 §28]

Sec. 29. Section 27 of this 2018 Act is repealed on January 2, 2022. [2018 c.61 §29]

Sec. 30. Section 28 of this 2018 Act is repealed on January 2, 2022. [2018 c.61 §30]

Chapter 678

Atty. Gen. Opinions

Disclosure by Board of Nursing of names, business and home addresses of registered and licensed practical nurses, (1982) Vol. 42, p 382; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188

1 Legislative Counsel Committee, CHAPTER 678—Nurses; Long Term Care Administrators, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors678.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 678, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano678.­html (2019) (last ac­cessed May 16, 2020).
 
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.
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