Or. Admin. Code § 415-012-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 415-012-0020 - General Requirements

(1) Every provider that operates a residential service element by contract with the Division or subcontracts with a local entity or public body or receives public funds for providing substance use disorder or problem gambling prevention, intervention, or treatment services shall have a license and:

(a) Providers may not represent themselves as conducting any service described in this rule without first obtaining a license;

(b) A provider that does not have a license for conducting a service described in this rule may not admit an individual needing that service; and

(c) The license shall be posted in the facility and available for inspection at all times.

(2) Licensed providers shall also maintain a current certificate of approval for the provision of outpatient behavioral health treatment services pursuant to OAR 309-008-0100 to 1600 if also providing an outpatient service.

(3) Any facility that meets the definition of a residential treatment facility under ORS 443.400 or a detoxification center as defined in ORS 430.306 shall be licensed by the Division:

(a) No individual or entity may represent themselves as a residential treatment facility or as a detoxification center without being licensed;

(b) A residential treatment facility or a detoxification center that is not licensed may not admit individuals needing residential or detoxification care or treatment; and

(c) A license shall be posted in the facility and available for inspection at all times.

(4) Approval or licensure of a service element pursuant to this rule does not create an express or implied contract in the absence of a fully executed written contract.

Or. Admin. Code § 415-012-0020

ADAP 2-1993, f. & cert. ef. 11-5-93; ADS 2-2008, f. & cert. ef. 11-13-08; ADS 2-2013(Temp), f. & cert. ef. 1-14-13 thru 7-12-13; ADS 4-2013, f. & cert. ef. 5-3-13; ADS 8-2016, f. & cert. ef. 12/14/2016; ADS 1-2017(Temp), f. & cert. ef. 2-2-17 thru 7-31-17; ADS 2-2017, f. 6-29-17, cert. ef. 7/1/2017; ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018; ADS 4-2018, amend filed 05/10/2018, effective 5/10/2018; ADS 5-2018, temporary amend filed 07/17/2018, effective 08/01/2018 through 01/27/2019; ADS 6-2018, amend filed 12/26/2018, effective 1/9/2019

Statutory/Other Authority: ORS 413.042 & ORS 430.256

Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400