Or. Admin. Code § 333-027-0005

Current through Register Vol. 64, No. 1, January 1, 2025

Section 333-027-0005 - Definitions

The following definitions shall apply in OAR 333-027-0000 through 333-027-0190:

(1) "Abuse" means:

(a) "Abuse" as it applies to an "adult" as those terms are defined in ORS 430.735;

(b) "Abuse" as it applies to a "child" as those terms are defined in ORS 419B.005; or

(c) "Abuse" as it applies to an "elderly person" or a "person with a disability" as those terms are defined in ORS 124.005.

(2) "Authority" means the Oregon Health Authority.

(3) "Agency" means Home Health Agency.

(4) "Allowed practitioner" means a physician associate, nurse practitioner, or naturopathic physician.

(5) "Branch office" means a location or site from which a home health agency provides services to patients within a portion of the total geographic area served by the parent agency and does not exceed 60 miles from the parent agency.

(6) "Clinical manager" means a person who is a licensed physician, physical therapist, speech-language pathologist, occupational therapist, audiologist, social worker, or a registered nurse.

(7) "Clinical record" means all information and documentation pertaining to the care of a patient.

(8) "Geographic service area" means the area from which a home health agency provides services to patients and may not exceed a 60-mile radius from the physical location of the licensed home health agency.

(9) "Governing body" means the designated person(s) having ultimate responsibility for the home health agency.

(10) "Home health agency" means a public or private entity providing coordinated home health services on a home visiting basis in a geographic service area.

(11) "Home health aide" means a person who is certified as a nursing assistant by the Oregon State Board of Nursing in accordance with OAR chapter 851, division 062 and who assists licensed nursing personnel in providing home health services.

(12) "Home health service" means items and services furnished to an individual by a home health agency, or by others under arrangement with such agency, on a visiting basis in a place of temporary or permanent residence used as the individual's home for the purpose of maintaining that individual at home.

(13) "Naturopathic physician" means a person licensed by the Board of Naturopathic Examiners in accordance with ORS chapter 685.

(14) "Nurse practitioner" means a person licensed by the Oregon State Board of Nursing in accordance with ORS chapter 678.

(15) "Occupational therapist" means a person licensed by the Occupational Therapy Licensing Board in accordance with ORS chapter 675.

(16) "Parent home health agency" ("parent agency") means the agency that provides supervision and administrative control to a branch office that is within 60 miles from the parent agency's physical location.

(17) "Patient representative" means the patient's legal representative, such as a guardian, who makes health-care decisions on the patient's behalf, or a patient-selected representative who participates in making decisions related to the patient's care or well-being, including but not limited to, a family member or an advocate for the patient. To the extent practicable, the patient determines the role of the representative.

(18) "Physical therapist" means a person who is licensed by the Oregon Board of Physical Therapy in accordance with ORS chapter 688.

(19) "Physician" means a person who is licensed by the Oregon Medical Board in accordance with ORS chapter 677.

(20) "Physician associate" means a person who is licensed by the Oregon Medical Board in accordance with ORS 677.505 to ORS 677.525.

(21) "Plan of care" means a document developed by the physician or allowed practitioner in consultation with agency staff after a patient assessment that identifies the patient's medical status and needs, and outlines the services that will be provided to the patient to meet identified needs.

(22) "Primary agency" means the agency that is responsible for the services rendered to a patient and for implementation of the plan of care either directly or under arrangement through a contract or affiliation agreement with another agency or organization.

(23) "Professional policy-making committee" means a group of individuals who are appointed by the agency, and who has authority and responsibility for the development and monitoring of all professional policies pertaining to the home health agency.

(24) "Registered nurse" means a person licensed by the Oregon State Board of Nursing in accordance with ORS chapter 678.

(25) "Skilled nursing" means the patient care services pertaining to the curative, rehabilitative, or preventive aspects of nursing performed by, or under the supervision of, a registered nurse pursuant to the plan of care.

(26) "Social worker" means a person licensed by the State Board of Licensed Social Workers in accordance with ORS chapter 675 as a:

(a) Licensed master of social work (LMSW). A LMSW may only provide medical social services that are within their scope of practice as defined in ORS chapter 675 and OAR chapter 877, division 15;

(b) Licensed clinical social worker (LCSW); or

(c) Clinical social worker associate (CSWA) working under the direct supervision of a LCSW.

(27) "Speech-language pathologist" means a person who is licensed by the Board of Examiners for Speech-Language Pathology and Audiology in accordance with ORS chapter 681 and has a Certificate of Clinical Competence in speech pathology or audiology from the American-Speech-Language-Hearing Association.

(28) "Survey" means an inspection of an applicant for a home health agency license or licensed home health agency to determine the extent to which the applicant or agency is in compliance with ORS chapter 443 and these rules.

(29) "Therapeutic services" means services provided for curative, rehabilitative, or preventive purposes.

(30) "These rules" means OAR 333-027-0000 through OAR 333-027-0190.

Or. Admin. Code § 333-027-0005

HD 151, f. & ef. 12-30-77; HD 1-1982, f. & ef. 2-4-82; HD 19-1987, f. 11-10-87, ef. 12-1-87; HD 22-1988, f. & cert. ef. 9-16-88; HD 20-1993, f. & cert. ef. 10-28-93; OHD 13-1998, f. & cert. ef. 11-6-98; OHD 9-2002, f. & cert. ef. 7-2-02; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 7-2012, f. 3-30-12, cert. ef. 4-1-12; PH 71-2020, amend filed 10/06/2020, effective 10/6/2020; PH 3-2022, amend filed 01/11/2022, effective 1/13/2022; PH 48-2024, minor correction filed 06/06/2024, effective 6/6/2024

Statutory/Other Authority: ORS 443.085

Statutes/Other Implemented: ORS 443.085 & ORS 443.014