Or. Admin. Code § 309-035-0125

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-035-0125 - Administrative Management

(1) The provider shall ensure that the program and setting are maintained and operated in compliance with these rules and all other applicable federal, state, and local laws and regulations.

(2) The provider shall employ a program administrator who meets the following qualifications and complies with the following standards:

(a) Background including special training, experience, and other demonstrated ability in providing care and treatment appropriate to the individuals served in the program;

(b) Documented approved criminal record checks processed in compliance with the procedures required by OAR 943-007-0001 through 0501 and no history of abusive behavior;

(c) Ensure that the program operates in accordance with the standards outlined in these rules;

(d) Oversee the daily operation and maintenance of the program and shall be available to perform administrative duties at the setting at least 20 hours per week;

(e) Develop and administer written policies and procedures to direct the operation of the program and the provision of services to individuals;

(f) Ensure that qualified program staff are available in accordance with the staffing requirements specified in these rules;

(g) Supervise or provide for the supervision of program staff and others involved in the operation of the program;

(h) Maintain setting, personnel, and individual service records;

(i) Report regularly to the provider on the operation of the program; and

(j) Delegate authority and responsibility for the operation and maintenance of the program to a responsible staff person whenever the program administrator is absent from the setting. This authority and responsibility may not be delegated to an individual.

(3) The provider shall develop and update policies and procedures and maintain a copy in a location easily accessible for staff reference and made available to others upon reasonable request. They shall be consistent with requirements of these rules and shall address at a minimum the following:

(a) Personnel practices and staff training;

(b) Individual screening, admission, and termination;

(c) Fire drills, emergency procedures, individual safety and abuse reporting;

(d) Health and sanitation;

(e) Records maintenance and confidentiality;

(f) Residential service plan, services, and activities;

(g) Behavior management including the use of seclusion or restraints;

(h) Food Service;

(i) Medication administration and storage;

(j) Individual belongings, storage, and funds;

(k) Individual rights and advance directives;

(l) Complaints and grievances;

(m) Setting maintenance;

(n) Evacuation capability determination; and

(o) Fees and money management.

(4) The provider shall develop reasonable house rules outlining operating protocols concerning, but not limited to, meal times, night-time quiet hours, guest policies, smoking, and as follows:

(a) House rules shall be consistent with individual rights as set forth in OAR 309-035-0175;

(b) House rules shall be posted in an area readily accessible to individuals;

(c) House rules shall be reviewed and updated as necessary;

(d) Individuals shall be provided an opportunity to review and provide input into any proposed changes to house rules before the revisions become effective; and

(e) Effective July 1, 2016, house rules may not restrict or limit the program qualities identified in OAR 309-035-0110.

Or. Admin. Code § 309-035-0125

MHD 9-1984(Temp), f. & ef. 12-10-84; MHD 9-1985, f. & ef.; MHD 4-1998, f. 5-21-98, cert. ef. 6-1-98; MHD 4-2005, f. & cert. ef. 4-1-05; MHS 4-2008, f. & cert. ef. 6-12-08; MHS 13-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17; MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 5-2017, f. & cert. ef. 6/8/2017

Stat. Auth.: ORS 413.042, 443.450

Stats. Implemented: ORS 413.032, 443.400 - 443.460 & 443.991