Or. Admin. Code § 419-300-0005

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

Section 419-300-0005 - Definitions

Unless the context indicates otherwise, the following definitions apply to the rules in OAR Chapter 419, Division 300:

(1) "Applicant" means a person that has submitted an application and disclosure to register as a Referral Agent.

(2) "Certificate of Registration" means the document a referral agent or agency receives when the agent has completed the Department approved "program" Referral Registration requirements. A Certificate of Registration does not constitute recommendation or endorsement of the referral agent by the Oregon Department of Human Services, and a registration does not evidence the accuracy or completeness of the information set forth in the disclosure.

(3) "Client" means a parent or guardian or other person seeking a referral or recommendation for "programs" for a person under the age of 18 who is experiencing behavioral, emotional, mental health, substance use, delinquency, or disability-related challenges. as defined in this rule.

(4) "Compensation" means:

(a) Any financial or material gain from one or more "program" in a total amount of $75.00 or more during a calendar year in exchange for providing program referral services to those "programs"; including, but not limited to, gain by salary, benefits, commission, payment, gift cards, donations, discounts, and other items of value that result in material gain to the person providing program referral services.

(b) "Compensation" does not include: Expenditures by "programs" to educate the referral agent regarding a particular "program", as long as long as they are customary, ordinary, and reasonable. Travel, lodging and meals associated with visiting a "program" or a working lunch when a referral agent visits a "program" are customary, ordinary, and reasonable expenditures."

(5) "Consent" means the client has given their permission and have knowledge of the nature of the action or transaction involved.

(6) "Department" means the Oregon Department of Human Services, The Office of Training, Investigations, and Safety (OTIS).

(7) "Disclosure" means a written statement provided by the referral agent to a client and to the Department as outlined in OAR 419-300-0030.

(8) "Employee" means an individual employed by a referral agent and who is compensated by an hourly wage, salary, or commission.

(9) "Licensing Action" means any formal regulatory action(s) taken by the licensing authority intended to halt, address, and/or correct noncompliance of a Program. Licensing Actions include but are not limited to Corrective Actions, Civil Penalties, Denial, Suspension, or Revocation of a License and Imposing Conditions on a License.

(10) "Placement Information" means any information a person collects from a client about the client or the subject of placement, including but not limited to name, electronic mail address, telephone number, zip code, medical history, information about necessary services or the reasons for seeking care at the "program" as defined in this rule.

(11) "Person" means an individual, corporation, association, firm, partnership, limited liability company, and joint stock company, as well as other entity defined in ORS 174.100

(12) "Program" means:

(a) A residential program or facility that meets the criteria of a child-caring agency as defined in ORS 418.205, regardless of whether the "program" is located in Oregon or out of Oregon.

(b) "Program" does not include:

(A) A hospital as defined in ORS 442.015 or a rural hospital as defined in ORS 442.470.

(B) An adoption agency.

(C) An academic boarding school that provides educational services and care to children 24 hours a day and does not offer or arrange specialized treatment or therapeutic services to students with disabilities or to students with social, emotional, or behavioral problems.

(13) "Program Referral" means a referral to a "program" in connection with which the referral agent receives compensation from any source when:

(a) The client or the subject of placement resides in the State of Oregon.

(b) The referral agent resides in or has a primary place of business in the State of Oregon; or

(c) The "program" to which the referral is made is located in the State of Oregon.

(14) "Referral Agent" means:

(a) A person, educational consultant, employee of a referral agency, or independent contractor that provides referrals for clients and subjects of placement to "Program(s)". Referral Agents are commonly referred to as Educational Consultants or Therapeutic Consultants.

(b) "Referral Agents do not include:

(A) A public body as defined in ORS 174.109.

(B) A residential care program or its employees.

(C) A physician licensed under ORS Chapter 677 or a nurse practitioner licensed under ORS 678.375 to 678.390 if the subject of placement is a patient of the physician or nurse practitioner and the physician or nurse practitioner has deemed the placement to be medically necessary.

(15) "Secure Transportation Services Provider" means a private organization or person that provides secure transportation or secure escort services for children to or from a school, agency, organization, program, or child-caring agency as defined in ORS 418.205(2)(a)(A), if the school, agency, organization or program is located in this state or in any other state.

(16) "Subject of Placement" means the individual to be placed with a "program" through a referral.

(17) "Subject of Placement Records" and "Client Records" are including, but limited to, documents that were obtained or generated by the referral agent in order to refer the subject of placement to a "program":

(a) any written agreement entered on behalf of the subject of placement to the referral agent and/or written agreement between the client and referral agent

(b) disclosures provided to the "client"

(c) all notes of meetings and deliberations on placement referrals for a subject of placement

(d) financial records

(e) treatment records

(f) service delivery logs

(g) incident reports

(h) case notes or progress notes

(i) medication logs

(j) clinical assessments and diagnostic information

(k) names and contact information for subject of placement's parents or guardians

(l) date of birth of the subject of placement

(m) educational logs, reports, notes, and plans

(n) law enforcement reports, and notes

Or. Admin. Code § 419-300-0005

DHS 7-2024, renumbered from 407-049-0005, filed 03/01/2024, effective 3/1/2024; OTIS 2-2024, minor correction filed 03/01/2024, effective 3/1/2024

Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357

Statutes/Other Implemented: ORS 409.050