Oregon Administrative Rules Chapter 853 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, LONG TERM CARE ADMINISTRATORS BOARD
1. Overview: OAR Chapter 853
Chapter 853 of the Oregon Administrative Rules establishes the administrative rules and procedures for the Long Term Care Administrators Board (LTCAB), which operates under the umbrella of the Oregon Health Authority and its Health Licensing Office. This Board is responsible for the licensing, regulation, and discipline of administrators of long-term care facilities such as nursing homes, assisted living facilities, and residential care facilities.
2. Purpose and Scope
The primary objectives of Chapter 853 include:
Protecting the health, safety, and welfare of residents in long-term care facilities.
Ensuring that long-term care administrators meet professional and ethical standards.
Establishing licensing requirements, continuing education standards, and disciplinary procedures.
Regulating the practice, conduct, and competence of facility administrators.
3. Organizational Structure
The Long Term Care Administrators Board is composed of appointed members including licensed administrators and public members.
The Board operates under the Oregon Health Authority and the Health Licensing Office, which provide administrative support.
The Board has the authority to issue licenses, conduct hearings, enforce compliance, and adopt rules consistent with Oregon law.
4. Key Provisions in OAR Chapter 853
a. Licensing Requirements (OAR 853-045-0000 et seq.)
Applicants must meet educational and experience criteria.
Candidates must pass examinations approved by the Board.
Licenses must be renewed periodically with proof of continuing education.
b. Continuing Education (OAR 853-047-0000 et seq.)
Licensees must complete a minimum number of continuing education hours in topics related to long-term care administration.
The Board approves providers and courses for continuing education.
c. Standards of Practice and Conduct (OAR 853-048-0000 et seq.)
Administrators must adhere to professional ethics and facility operational standards.
Rules prohibit misconduct, negligence, incompetence, and unprofessional behavior.
d. Complaint, Investigation, and Discipline (OAR 853-049-0000 et seq.)
The Board investigates complaints against licensees.
Procedures include notice of allegations, hearings, and appeals.
Possible disciplinary actions include reprimand, suspension, revocation, or fines.
5. Relevant Legal Principles and Case Law
While there are few cases directly citing OAR Chapter 853, several legal principles and relevant case law provide context on the Board’s authority and the rights of licensees:
Case Principle 1: Scope of Licensing Board Authority
Courts generally uphold the authority of licensing boards to regulate their professions, including setting standards, licensing requirements, and disciplinary procedures.
This authority is granted by the legislature and must be exercised within statutory and constitutional bounds.
Case Principle 2: Due Process in Disciplinary Actions
Licensees have a constitutional right to due process before disciplinary actions that affect their livelihood.
This includes notice of charges, an opportunity to respond, a fair hearing, and the right to appeal.
For example, a court might overturn a Board’s suspension if the licensee was denied adequate notice or a fair hearing.
Case Principle 3: Deference to Board Expertise
Courts often defer to the Board’s expertise in professional standards unless decisions are arbitrary, capricious, or not supported by evidence.
Challenges to Board decisions on licensing or discipline typically require showing a clear abuse of discretion.
Case Principle 4: Public Protection Priority
Courts emphasize that Boards like the LTCAB have a duty to protect public health and safety, which can justify strict regulatory actions.
6. Practical Implications
For Applicants: Meeting the educational and examination criteria is essential to obtain licensure.
For Licensees: Maintaining continuing education and adhering to professional standards is necessary to keep the license in good standing.
For Complaints: The Board’s disciplinary process offers procedural safeguards but prioritizes resident safety.
For Facilities: Employing licensed and compliant administrators is key to regulatory compliance.
7. Summary
| Aspect | Details |
|---|---|
| Agency | Oregon Health Authority, Health Licensing Office, Long Term Care Administrators Board |
| Purpose | Licensing, regulation, and discipline of long-term care administrators |
| Licensing | Education, experience, examination, renewal, continuing education |
| Conduct Standards | Professional ethics, competence, facility operations |
| Discipline | Complaint investigation, hearings, sanctions including suspension and revocation |
| Legal Framework | Exercising delegated authority consistent with due process and public protection mandates |
| Judicial Review | Courts defer to Board expertise unless decisions lack evidentiary support or violate rights |
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