Or. Admin. Code § 415-012-0040

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

Section 415-012-0040 - Licenses

(1) The Division may issue a residential license under these rules for a duration not to exceed two years.

(2) Renewal of licenses shall be contingent upon demonstration of compliance with applicable administrative rules:

(a) A program may continue to operate until final determination of its approval or licensure status is made by the Division;

(b) Failure to demonstrate compliance may result in the issuance of a provisional license, nonrenewal, suspension, or revocation.

(3) Programs with provisional licenses upon demonstrating substantial compliance with appropriate administrative rules may be eligible for a two-year license. However, the provider's failure to demonstrate substantial compliance may result in an extension, suspension, or revocation of the provisional license.

(4) The Division may not discriminate in its review procedures or services on the basis of race, color, national origin, age, or disability. The Division may issue licenses to specialized programs to assure maximum benefit for special populations, in which case the Division may identify that special population in the license and impose applicable program criteria.

(5) Restrictions that may be attached to a license include:

(a) Limiting the total number of individuals (in residential or detoxification treatment);

(b) Defining the age level of individuals (i.e., youth or adult) to be admitted into the facility;

(c) Defining the gender of individuals, if the provider is identified as serving only males or females;

(d) Assuring compliance with other licensing entities such as the Child Welfare Division, the State Public Health Division, or the Food and Drug Administration; or

(e) Other restrictions as required by the Division.

(6) Restrictions may be imposed for the extent of the approval period or limited to some other shorter period of time. If the restriction corresponds to the licensing period, the reasons for the restriction shall be considered at the time of renewal to determine if the restrictions are still appropriate.

(7) The effective date and expiration date of the restriction shall be indicated on the license.

(8) A license issued by the Division for the operation of a residential substance use disorder or problem gambling program applies both to the applicant program and the premises upon which the program is to be operated. A license is not transferable to another person, entity, or to any other location:

(a) Any person or other legal entity acquiring an approved licensed facility for the purpose of operating a substance use disorder or problem gambling program shall make an application as provided herein for a new license;

(b) Any person or legal entity having been issued a license and desiring to fundamentally alter the treatment philosophy or transfer to different premises must notify the Division 30 days prior to doing so in order for the Division to review the program or site change and to determine further necessary action.

(9) If the administrator of the program changes during the period covered by the license:

(a) A request for a change must be submitted to the Division within 15 days, along with the qualifications of the proposed new administrator;

(b) Upon a determination that the administrator meets the requirements of applicable administrative rules, a revised license shall be issued with the name of the new administrator.

(10) When a program is discontinued, its current license is void immediately, and the license shall be returned to the Division. A discontinued program is one that has terminated its services for which it has been approved or licensed. A program planning to discontinue services must:

(a) Notify the Division 60 days prior to a voluntary closure of a facility with written notice of how the provider will comply with OAR 309-014-0035(4) and 42 CFR Part 2, Federal Confidentiality Regulations, regarding the preservation of all individual records; and

(b) Provide individuals 30 days written notice and shall be responsible for making reasonable efforts to obtain treatment placement of individuals as appropriate.

Or. Admin. Code § 415-012-0040

ADAP 2-1993, f. & cert. ef. 11-5-93; ADAP 1-2001, f. 3-29-01, cert. ef. 4-1-01; 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