Or. Admin. Code § 333-536-0005

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-536-0005 - Definitions

As used in OAR 333-536-0000 through 333-536-0125, the following definitions apply:

(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) "Activities of daily living" means self-care activities that must be accomplished by an individual to meet his or her daily needs, but do not necessarily occur on a daily basis.

(3) "Adverse event" means any accident or injury that affects a client's physical or emotional health, safety, or well-being.

(4) "Agency" means an in-home care agency.

(5) "Administrator's delegate" means an individual assigned by the agency administrator to assist with matters relating to the operation of the agency that does not require the individual to be qualified as that term is defined in OAR 333-536-0052.

(6) "Applicant" means a person, agency, corporation, or governmental unit, who applies for an in-home care agency license.

(7) "Authority" means the Oregon Health Authority, Public Health Division.

(8) "Branch office" means a location or site from which an in-home care agency provides services within a portion of the total geographic area served by the parent agency or subunit.

(9) "Caregiver" means a person who provides assistance with activities of daily living or assistance with personal care tasks, household and supportive services, or medication services as authorized by these rules.

(10) "Change of ownership (CHOW)" means adding or removing one or more owner(s) or a change of more than five percent interest in agency ownership.

(11) "Client representative" means:

(a) A parent, stepparent, foster parent, or other adult with primary caregiving responsibility for the client when the client is a child; or

(b) An individual, paid or unpaid, related or unrelated, who acts on behalf of, or cares for the client when the client is an adult.

(12) "Geographic service area" means 60 miles in any direction from the parent agency or subunit's physical location.

(13) "Home health agency" has the meaning given that term in ORS 443.014.

(14) "Hospice program" has the meaning given that term in ORS 443.850.

(15) "In-home care agency" means an agency primarily engaged in providing in-home care services for compensation to an individual in that individual's place of residence. "In-home care agency" does not include a home health agency or portion of an agency providing home health services as defined in ORS 443.014.

(16) "In-home care services" means personal care services furnished by an in-home care agency, or an individual under an arrangement or contract with an in-home care agency, that are necessary to assist an individual in meeting the individual's daily needs, but do not include curative or rehabilitative services.

(17) "Licensed" means that the person or agency for which the term applies is currently licensed, certified, or registered by the proper authority within the State of Oregon.

(18) "Licensed independent practitioner (LIP)" means a physician, nurse practitioner, or naturopathic physician.

(19) "Licensed practical nurse" means a person licensed under ORS 678.010 to 678.448.

(20) "Management experience" means experience in the administration, supervision or management of individuals in a health-related field including hiring, assigning, evaluating and taking disciplinary actions.

(21) "Medication" means a drug as defined in ORS 689.005.

(22) "Medication administration" means the direct application of a medication, whether by injection, inhalation, ingestion, or other means, to the body of a client by an individual legally authorized to do so. Medication administration includes but is not limited to taking the client's medications from original containers and putting the medications into closed secondary containers designed and manufactured for this purpose.

(23) "Medication assistance" means assistance with self-administration of medication rendered by a non-practitioner to a client receiving in-home care services from an agency licensed under these rules and the client is able to self-direct in accordance with OAR 333-536-0045.

(24) "Medication reminding" means providing a client with an audio, visual or oral reminder to take his or her medication when a client is able to self-direct.

(25) "Medication services" means medication assistance or medication administration but does not include medication reminding.

(26) "Naturopathic physician" means a person who holds a degree of Doctor of Naturopathic Medicine and is licensed under ORS chapter 685.

(27) "Nurse practitioner" means a registered nurse who has been licensed under ORS chapter 678 as qualified to practice in an expanded specialty role within the practice of nursing.

(28) "Nursing procedure" means a health-related procedure that is commonly taught in nursing education programs and normally performed by the registered nurse or licensed practical nurse when implementing the nursing plan of care.

(29) "Nursing services" means the provision of services that are deemed to be the practice of nursing as defined by ORS 678.010. These services include but are not limited to the delegation of specific nursing procedures to unlicensed persons in accordance with the Oregon State Board of Nursing administrative rules, chapter 851, division 047. Nursing services performed by an agency are not rehabilitative or curative but are maintenance in nature.

(30) "Parent agency" means the in-home care agency that develops and maintains administrative controls of subunits or branch offices.

(31) "Personal care services" means the provision of or assistance with tasks intended to supplement a client's own personal abilities which are necessary to accomplish the client's activities of daily living or other activities as described but not limited to OAR 333-536-0045(1), and are preventive and maintaining in nature.

(32) "Pharmacist" means a person licensed under ORS chapter 689 to engage in the practice of pharmacy or to engage in the practice of clinical pharmacy.

(33) "Physician" means a person licensed under ORS chapter 677 to practice medicine or osteopathic medicine by the Oregon Medical Board.

(34) "Physician associate" means a person licensed in accordance with ORS 677.505 to 677.525.

(35) "Professional experience" means having a nursing, certified nursing assistant, certified medication aide, medical, or therapeutic license, certificate, or degree used to work in a health-related field or program or completion of an Oregon Health Authority (Authority) approved training program. The license or certificate must be current and in good standing.

(36) "Qualified entity" means an entity whose training program has been approved by the Authority.

(37) "Qualified individual" means an individual who:

(a) Has completed an Authority approved training program; or

(b) Is currently an LIP, registered nurse, licensed practical nurse, physician associate, or pharmacist; or

(c) Is another health care professional not listed in subsection (37)(b) who has been approved by the Authority to conduct training.

(38) "Qualified trainer" means an individual who:

(a) Has completed an Authority approved training program; or

(b) Is designated by an agency to conduct caregiver training on behalf of the agency, including but not limited to agency specific orientation, initial caregiver training and annual caregiver training required by these rules, and meets the following criteria:

(A) Has two or more years of experience working with an agency, a long-term care facility as defined under ORS 442.015, a residential care facility as defined under ORS 443.400, or other health care setting; and

(B) If the designated individual is a caregiver, the individual must be current with the caregiver training requirements under these rules.

(39) "Registered nurse" or "RN" means a person licensed under ORS chapter 678.

(40) "Schedule caregivers" means to plan appointments for caregivers to deliver specific in-home care services to clients; the times and dates of these appointments are set by the in-home care agency.

(41) "Self-direct" means to be oriented and to know:

(a) The reason why each medication is taken, for example, for what condition;

(b) The amount or dose of medication that needs to be taken;

(c) The route the medication needs to be taken; and

(d) The time of day the medication needs to be taken.

(42) "Stable and predictable" means a situation where the client's clinical and behavioral state is known, not characterized by rapid changes, and does not require continuous reassessment and evaluation. Stable and predictable shall include clients with intermittent needs that are a predictable symptom or component of their underlying health condition.

(43) "Subunit" means an in-home care agency that provides services for a parent agency in a geographic area different from that of the parent agency and more than 60 miles from the location of the parent agency.

(44) "Survey" means an inspection of an applicant for an in-home care agency license or a licensed in-home care agency to determine the extent to which the applicant or in-home care agency is in compliance with state in-home care agency statutes and these rules.

(45) "These rules" means OAR 333-536-0000 through OAR 333-536-0125.

Or. Admin. Code § 333-536-0005

OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03; PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04; PH 22-2004, f. & cert. ef. 6-25-04; PH 14-2007, f. 12-19-07, cert. ef. 1-1-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 10-2012, f. 6-26-12, cert. ef. 7-1-12; PH 26-2021, amend filed 06/29/2021, effective 7/1/2021; PH 50-2023, amend filed 10/23/2023, effective 10/23/2023; PH 59-2024, minor correction filed 06/06/2024, effective 6/6/2024

Statutory/Other Authority: ORS 443.340

Statutes/Other Implemented: ORS 443.305 - 443.355