Or. Admin. Code § 415-012-0050

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

Section 415-012-0050 - Onsite Reviews and Access Requirements

(1) The Division shall inspect the facilities and must review procedures utilized:

(a) Before issuing a license to an applicant; and

(b) Before renewal of an existing license.

(2) The Division may conduct onsite inspections:

(a) Upon receipt of verbal or written complaints of violations that allege conditions that may threaten the health, safety, or welfare of individuals or for any other reason to be concerned for individual welfare; or

(b) Any time the Division has reason to believe it is necessary to assure if a provider is in compliance with the administrative rules or with conditions placed upon the license.

(3) The review may include but is not limited to case record audits and interviews with staff and individuals, consistent with the confidentiality safeguards of state and federal laws.

(4) Each applicant or provider agrees, as a condition of license approval:

(a) To permit designated representatives of the Division to inspect premises of programs to verify information contained in the application or to assure compliance with all laws, rules, and regulations during all hours of operation of the facility and at any other reasonable hour;

(b) To permit properly designated representatives of the Division to audit and collect statistical data from all records maintained by the approved or licensed program; and

(c) That such right of immediate entry and inspection shall, under due process of law, extend to any premises on which the Division has reasons to believe a program is being operated by the provider in violation of these rules.

(5) An applicant or provider shall not be granted licensing that does not permit inspection by the Division or examination of all records, including financial records as appropriate, methods of administration, the disbursement of drugs and method of supply, and any other records the Division considers to be relevant to the establishment of such a program.

(6) Each applicant or provider agrees as a condition of license approval that:

(a) State or local fire inspectors shall be permitted access to enter and inspect the facility regarding fire safety upon the request of the Division; and

(b) State or local health inspectors shall be permitted access to enter and inspect the facility regarding health safety upon the request of the Division.

(7) The Division may conduct inspections with or without advance notice to the administrator, staff, or individuals:

(a) The Division is not required to give advance notice of any onsite inspection if the Division reasonably believes that notice might obstruct or seriously diminish the effectiveness of the inspection or enforcement of these administrative rules; and

(b) If Division staff are not permitted access for inspection, a search warrant may be sought.

Or. Admin. Code § 415-012-0050

ADAP 2-1993, f. & cert. ef. 11-5-93; ADS 2-2007, f. & cert. ef. 5-25-07; ADS 2-2008, f. & cert. ef. 11-13-08; ADS 4-2013, f. & cert. ef. 5-3-13; ADS 8-2016, f. & cert. ef. 12/14/2016; 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

Statutory/Other Authority: ORS 430.256

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