Oregon Administrative Rules Chapter 853 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, LONG TERM CARE ADMINISTRATORS BOARD
Oregon Administrative Rules Chapter 853 — Overview
1. Purpose and Scope
The rules under Chapter 853 primarily regulate:
The licensing, qualifications, and standards of practice for Long Term Care Administrators (LTCAs).
The responsibilities of the Oregon Health Authority (OHA) and its Health Licensing Office (HLO) in overseeing LTCAs.
The authority and procedures of the Long Term Care Administrator Board to enforce standards, discipline licensees, and ensure quality care in long-term care facilities.
2. Key Areas Covered
Licensing Requirements: Criteria for applicants to become licensed LTCAs, including education, experience, and examinations.
Continuing Education: Requirements for license renewal through ongoing training.
Ethical Standards and Professional Conduct: Rules governing LTCAs’ behavior to protect the public and ensure competent administration.
Complaint and Discipline Procedures: How complaints are filed, investigated, and adjudicated by the Board.
Board Authority: Powers to impose sanctions, revoke or suspend licenses, and hold hearings.
3. Role of the Long Term Care Administrator Board
Acts as the regulatory body overseeing LTCAs.
Evaluates license applications and renewals.
Conducts disciplinary proceedings.
Issues guidelines for professional conduct.
Ensures LTCAs comply with all relevant administrative rules.
4. Administrative Process
Application: Submission of credentials and fees to obtain or renew a license.
Investigation: Review of complaints or allegations of misconduct.
Hearing: Opportunity for licensees to present defenses.
Sanctions: Includes fines, suspensions, or revocations for violations.
Appeal: Licensees can appeal decisions through administrative hearings or courts.
5. Relevant Case Law Concepts
While specific case law about Oregon Administrative Rules Chapter 853 might be limited, administrative law principles and general case law on professional licensing and administrative boards apply. Some important concepts include:
Case Concept 1: Due Process in Licensing and Discipline
Principle: Licensees have a right to fair procedures before their license can be suspended or revoked.
Example: The board must provide notice of charges, a fair hearing, and an opportunity to present evidence.
Case Example: Goldberg v. Kelly (conceptual), holding that due process requires fair procedures before deprivation of a protected interest (e.g., license).
Case Concept 2: Deference to Administrative Agencies
Principle: Courts generally defer to the expertise of licensing boards in interpreting rules and assessing professional conduct, unless decisions are arbitrary or capricious.
Case Example: In Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (general administrative law), agencies’ reasonable interpretations of their own rules are upheld.
Case Concept 3: Scope of Board Authority
Principle: Boards must act within the scope of their rule-making and enforcement authority.
Example: If a board exceeds its statutory or regulatory authority, courts may invalidate its actions.
Hypothetical: A Board imposing sanctions beyond what is authorized in administrative rules could be challenged.
Case Concept 4: Licensing Decisions as Final Agency Action
Principle: Licensing denials or disciplinary decisions are typically considered final agency actions subject to judicial review.
Implication: Licensees can seek review in courts to challenge adverse decisions.
6. Summary
| Topic | Explanation |
|---|---|
| Licensing Requirements | Education, exams, and experience needed for LTCA licenses |
| Board’s Authority | Licensure, discipline, hearings, sanctions |
| Disciplinary Process | Investigation, notice, hearing, sanction, appeal |
| Due Process Rights | Fair hearing and notice before license revocation or suspension |
| Judicial Deference | Courts usually defer to board’s expertise unless abuse of power |
| Judicial Review | Licensees may appeal adverse decisions to courts |
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