75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1061
 
                         Senate Bill 287
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Imposes requirements for licensure of person to operate
multiple residential facilities in state.
 
                        A BILL FOR AN ACT
Relating to licensing of residential facility; amending ORS
  443.420 and 443.440.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 443.420, as amended by section 12, chapter 18,
Oregon Laws 2008, is amended to read:
  443.420. (1) A person applying for a license under ORS 443.415
must, in the judgment of the Director of Human Services, 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
 { - . - }  { + ; and
  (d) Who, if the person operates or has operated other
residential facilities, has demonstrated compliance with the
rules governing those facilities. + }
  (2) A residential facility shall not be operated or maintained
in combination with a nursing home or hospital unless licensed,
maintained and operated as a separate and distinct part.
  (3) All physical residential facilities used for residents
shall meet applicable requirements of the State Fire Marshal.
  (4) Prior to 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 of compliance with ORS 336.575 to the Department of Human
Services.
  (6) Prior to an initial licensure of a residential care
facility, the department shall consider:
 
  (a) The license applicant's history of regulatory compliance
and operational experience;
  (b) The need in the local community for the services offered by
the license applicant, as demonstrated by a market study produced
by the license applicant;
  (c) The willingness of the license applicant to serve
underserved populations; and
  (d) The willingness of the license applicant to contract with
the department to provide services through the state medical
assistance program.
  SECTION 2. ORS 443.440 is amended to read:
  443.440.   { - The Department of Human Services may revoke or
suspend the license of any residential facility that is not
operated in accordance with ORS 443.400 to 443.455 or the rules
adopted thereunder. - }  { +  If a person fails to operate a
residential facility in accordance with ORS 443.400 to 443.455 or
the rules adopted thereunder, the Department of Human Services
may revoke or suspend the license of the person to operate the
facility or any other residential facility in this state. + }
Such revocation or suspension shall be taken in accordance with
rules of the department and ORS chapter 183. However, in cases
where an imminent danger to the health or safety of the residents
exists, a license may be suspended immediately pending a fair
hearing not later than the 10th day after such suspension.
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