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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 540

CAREGIVER REGISTRIES

333-540-0005

Purpose and Scope

(1) These rules establish minimum standards for the operation and licensure of caregiver registries.

(2) A caregiver registry may provide services in addition to establishing and maintaining a list of qualified private contractor caregivers, but these rules do not govern those additional services.

(3) A caregiver registry may be subject to additional licensure requirements if it qualifies as an in-home care agency, home health agency, or referral agency as defined in ORS 443.005 and 443.305.

(4) A caregiver registry may not employ or compensate, directly or indirectly, caregivers placed on its list, schedule caregivers although they may maintain calendars that track caregiver availability and for referral fee purposes, assign a caregiver to a client, define working conditions, or negotiate for a caregiver or client for the provision of services.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0010

Definitions

As used in this division, the following definitions apply:

(1) “Abuse”:

(a) As it applies to an adult, includes but is not limited to:

(A) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

(B) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.

(C) Abandonment, including desertion or willful forsaking of a person or the withdrawal or neglect of duties and obligations owed a person.

(D) Willful infliction of physical pain or injury.

(E) Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to a person.

(F) Wrongfully taking or appropriating money or property, of knowingly subjecting a person to harm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the person to believe that the threat will be carried out.

(G) Sexual contact with a non-consenting person or with a person considered incapable of consenting to a sexual act as described in ORS 163.315. As used in this paragraph, "sexual contact" has the meaning given that term in ORS 163.305.

(b) As it applies to a child, has the same meaning as "abuse" as that term is defined in ORS 419B.005.

(2) "Activities of daily living" means activities related to personal care and include but are not limited to bathing or showering and personal hygiene, dressing and grooming, mobility including walking and transferring, elimination, and eating.

(3) "Caregiver" means a person on a caregiver registry list that may be hired directly by a client or client representative to provide caregiver services to a client within the client's place of residence.

(4) “Caregiver registry” or “Registry” means an agency that prequalifies, establishes and maintains a list of qualified private contractor caregivers that is provided to a client for caregiver services within the client’s place of residence.

(5) "Caregiver services" means providing assistance with the activities of daily living and can include more skilled services such as medication reminders, medication assistance, or medication administration or nursing services if the caregiver has the necessary licensure, certification, skills, education, or training to safely provide the skilled services.

(6) “Client” means an individual to whom caregiver services are provided.

(7) "Client representative" means an individual, paid or unpaid, related or unrelated, who acts on behalf of the client when the client is an adult.

(8) “Division” means the Oregon Health Authority, Public Health Division.

(9) "Parent agency" means a caregiver registry that develops and maintains administrative controls of subunits.

(10) "Satisfactory reference" means a positive, verifiable reference, either verbal or written, from a former employer or other person not related to the individual that affirms the ability of the individual to provide caregiver services.

(11) "Subunit" means a caregiver registry that provides services for a parent agency in a geographic area different from that of the parent agency and generally exceeding one hour of travel time from the location of the parent agency.

(12) "Survey" means an inspection of a caregiver registry to determine the extent to which the registry is in compliance with laws applicable to caregiver registries, including this division.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.005 & 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0015

Application for Caregiver Registry License; Renewal

(1) A person may not establish, conduct or maintain a caregiver registry, or represent to the public that the person is a caregiver registry, without first obtaining a caregiver registry license from the Division.

(2) A person shall apply for a license on a form prescribed by the Division and shall include:

(a) The applicable fee, including fees for subunits, as applicable; and

(b) Forms and fingerprints if requested by the Division, to enable the Division to conduct a criminal background check on the owner and manager of the caregiver registry and any subunits.

(3) The Division shall review the application, verify compliance with these rules, and conduct an on-site inspection prior to granting or denying a license.

(4) The Division shall notify an applicant in writing if a license application is approved, and shall include the license that shall be posted in a conspicuous place.

(5) Each license shall be issued only for the caregiver registry or subunit named in the application and shall not be transferable or assignable. If the ownership of the caregiver registry changes, the new owner shall apply for a license.

(6) If the Division intends to deny a license application, it shall issue a Notice of Proposed Denial of License Application in accordance with ORS 183.411 through 183.470.

(7) An owner or manager's criminal history that reasonably raises questions about that person's ability to appropriately operate or manage a caregiver registry may be grounds for denial of an application.

(8) The Division may deny a license application or renewal application if an applicant fails to comply with these rules.

(9) No entity shall provide caregiver registry services or use the term "caregiver registry" in its advertising, publicity, or any other form of communication unless it holds a current valid license as a caregiver registry in accordance with these rules.

(10) If any of the information in a caregiver registry’s most recent application changes at a time other than the annual renewal date, the caregiver registry shall notify the Division in writing within 60 days of the change.

(11) A caregiver registry license shall be renewed annually. Each licensee shall submit:

(a) A renewal application form prescribed by the Division within 60 days of the license expiring;

(b) The applicable fees; and

(c) Forms and fingerprints if requested by the Division, to enable the Division to conduct a criminal background check on the owner and manager of the caregiver registry and any subunits.

(12) The Division shall notify an applicant in writing if a license renewal application is approved, and shall include the license that shall be posted in a conspicuous place.

(13) If the Division intends to deny a license renewal application, it shall issue a Notice of Proposed Denial of License Application in accordance with ORS 183.411 through 183.470.

(14) An owner or manager's criminal history that reasonably raises questions about that person's ability to appropriately operate or manage a caregiver registry may be grounds for denial of an application.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.035, 443.045 & 443.100
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0020

Licensure Fees

(1) The fee for a new caregiver registry license is $1,500, plus an additional $750 for each subunit.

(2) The fee for renewal of a caregiver registry license is $750, plus $750 for each additional subunit.

(3) If the ownership of a caregiver registry changes at a time other than the annual renewal date, the new owner's caregiver registry licensure fee shall be $350, plus $350 for each additional subunit.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.035
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0025

Caregiver Registry Organization, Administration, and Personnel

(1) A caregiver registry shall have written policies and procedures that include but are not limited to:

(a) The organization of the Registry;

(b) Services provided by the Registry;

(c) The relationship between the caregiver registry and caregivers placed on the registry;

(d) Fees charged to caregivers and clients;

(e) Selection of caregivers for placement on the registry and for removal from the registry;

(f) A process for ensuring that a caregiver has satisfied basic competency requirements and has the necessary education, skills and training to provide the level of care the caregiver proposes to offer to clients;

(g) Procedures for conducting criminal background checks on caregivers, including a description of criminal convictions that disqualifies a caregiver from being placed on the registry, in accordance with OAR 333-540-0035;

(h) A process for dealing with a complaint from a client, a member of a client's family, or a client's representative, about a caregiver or the caregiver registry;

(i) A process for reporting suspected abuse or neglect of a client to the Division and other appropriate agencies; and

(j) Record keeping, including physical security of documents and record confidentiality.

(2) A caregiver registry shall provide each caregiver who meets the requirements for placement on the registry with an orientation that includes, but is not limited to, the following:

(a) Review of the registry's policies and procedures;

(b) Requirements for placement on the registry;

(c) Requirements for continuation of caregivers’ names on the registry;

(d) Reasons for removal from the registry;

(e) Requirements for reporting abuse and/or neglect; and

(f) Continuing education requirements.

(3) A caregiver registry shall require caregivers placed on the registry to report, within 10 days, any:

(a) Criminal conviction;

(b) Arrest, indictment, or charge for a sexual offense or property crime;

(c) Disciplinary action taken by a licensing board or agency;

(d) Citation for driving while under the influence of intoxicants; and

(e) Revocation of driving privileges.

(4) A caregiver registry shall not delegate any administrative functions to another agency or organization.

(5) A caregiver registry’s owner or designee shall:

(a) Assume full legal, financial, and overall responsibility for the caregiver registry’s operation; and

(b) Serve as or employ a qualified manager.

(6) A manager of a caregiver registry hired on or after July 1, 2010 shall have:

(a) A high school diploma or equivalent; and

(b) At least two years of professional or management experience.

(7) A caregiver registry manager shall designate, in writing, a qualified individual to act as manager in his or her absence.

(8) A caregiver registry manager or designee shall be responsible for:

(a) Organizing and directing the caregiver registry’s ongoing functions;

(b) Developing and implementing written and current policies and procedures necessary to direct the administrative operations of the caregiver registry, including but not limited to the requirements in these rules;

(c) Ensuring the completeness and accuracy of all information provided to the public regarding the caregiver registry and its services;

(d) Ensuring that all caregivers on the registry meet the qualifications required by these rules and the caregiver registry policies;

(e) Cooperating with the Division in the event of a survey or investigation; and

(f) Ensuring the timely reporting of allegations of abuse or neglect to the appropriate authority that includes but is not limited to the Division or local law enforcement agency.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0030

Requirements for Placement on Caregiver Registry; Continuing Education

(1) In order to be placed on a caregiver registry a caregiver must be at least 18 years of age and have sufficient communication and language skills to enable them to perform their duties and interact effectively with clients and registry staff.

(2) A caregiver registry shall, prior to placing a caregiver on its registry:

(a) Conduct a criminal background check in accordance with OAR 333-540-0035;

(b) Verify the caregiver's licensure status, if applicable, with the appropriate licensing agency;

(c) Conduct a face-to-face interview with the individual;

(d) Obtain at least two satisfactory references for the individual that the individual has worked for within the past five years; and

(e) Ensure that the caregiver has satisfied basic competency requirements and has the necessary education, skills and training to provide the level of care the caregiver proposes to offer to clients.

(3) A caregiver placed on a registry shall annually complete three hours of continuing education on topics related to the caregiver services the caregiver offers to clients.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0035

Criminal Background Checks

(1) A caregiver registry shall, prior to placing a caregiver on its registry, conduct or arrange for a criminal background check through the Oregon state police or a private vendor.

(2) If the criminal background check or other information obtained by a caregiver registry indicates a caregiver has been convicted of a crime against a person or property that reasonably raises questions about the ability of that caregiver to safely provide caregiver services, the caregiver registry shall notify the individual in writing that they have been found unfit to be placed on the registry.

(3) A caregiver registry shall keep the information obtained from criminal background checks confidential and use it solely to determine a caregiver's eligibility to be placed on the registry.

(4) A caregiver registry shall perform a criminal background check on a caregiver placed on the registry every three years.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0040

Caregiver Registry Records

(1) A caregiver registry shall:

(a) Keep records for each caregiver placed on the registry including, but not limited to:

(A) Documentation of the required criminal background check;

(B) Documentation of satisfactory references;

(C) Documentation that the caregiver has satisfied basic competency requirements and has the necessary education, skill and training to provide the services proposed to be offered to clients;

(D) Documentation that the caregiver received the caregiver registry's orientation;

(E) Documentation of continuing education;

(F) Documentation of licensure status, if applicable;

(G) A copy of picture identification; and

(H) Upon acceptance to the registry, and every three years afterwards, proof of current driver’s license and auto insurance for any caregiver who provides transportation services for clients.

(b) Maintain a record of clients served by caregivers on the registry, including but not limited to the client's name, contact information, and address.

(c) Maintain client records in a manner that makes them easily retrievable.

(d) Maintain records of any complaints received and documentation of any investigation conducted by the Division or other investigative body, including any action taken and any corrective action required.

(e) Keep caregiver and client records for at least seven years from the date a caregiver is terminated with the caregiver registry.

(2) Documents kept in registry files, including but not limited to background checks, reference checks, verification of basic competency and skill requirements, and training certificates must be legible and dated, signed, or otherwise authenticated by the administrator or the administrator’s designee.

(3) If a caregiver registry changes ownership, all records shall remain in the registry, and it shall be the responsibility of the new owner to protect and maintain these records for at least seven years from the date a caregiver is terminated with the caregiver registry.

(4) Before a registry terminates its business, the registry shall notify the Division where the records will be stored.

(5) Caregiver registry records shall be maintained in a secure manner that protects the confidentiality of the records, and protects the records from destruction or theft.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0045

Caregiver Registry Disclosure Statements

(1) A caregiver registry shall provide a disclosure statement to:

(a) A caregiver, prior to placing a caregiver on the registry; and

(b) To a client who intends to hire a caregiver from the caregiver registry, as soon as a caregiver registry is notified that a caregiver may be hired.

(2) Both the caregiver and client disclosure statements must state: “The client or the client’s representative is responsible for selecting, interviewing, hiring, scheduling, and supervising the work of the caregivers.”

(3) In addition to section (2) of this rule, a caregiver registry disclosure statement provided to a caregiver shall include, but is not limited to:

(a) Information on the services offered by the caregiver registry;

(b) Fees charged to a caregiver, if applicable;

(c) Insurance and bonding requirements, if applicable;

(d) Criminal background checks and disqualifying convictions;

(e) Information on the orientation process; and

(f) Information on the process for verifying the competency, education, skills and training of a caregiver.

(4) In addition to section (2) of this rule, a disclosure statement provided to a client shall include but is not limited to:

(a) The extent to which the client may be responsible for payroll taxes, wage and hour claims, and any other employment related costs;

(b) Fees charged by a caregiver registry to a client, if any, and that 30 days notice is required before any fee increases or changes in billing or payment procedures;

(c) Whether a caregiver has liability insurance and/or is bonded;

(d) Services that may be offered by a caregiver;

(e) The extent to which the registry verifies that a caregiver has a current driver’s license and auto insurance if those services are provided;

(f) The process the caregiver registry uses to ensure that a caregiver meets basic competency requirements and has the necessary training, education and skills to provide the caregiver services offered by a caregiver to a client;

(g) The process for placing a caregiver on a caregiver registry;

(h) A description of the criminal background checks required for a caregiver;

(i) How to file complaints about the caregiver registry or a caregiver to the caregiver registry and the Division, including reports of abuse or neglect; and

(j) A description of client rights including but not limited to:

(A) The right to be treated with dignity and respect;

(B) The right to be free from theft, damage, or misuse of one's personal property;

(C) The right to be given the informed choice and opportunity to select or refuse service and to accept responsibility for the consequences;

(D) The right to be free from neglect and from verbal, mental, emotional, physical and sexual abuse;

(E) The right to be free from financial exploitation;

(F) The right to be free from physical and chemical restraints;

(G) The right to voice grievances or complaints regarding services or any other issue without discrimination or reprisal for exercising such rights;

(H) The right to be free from discrimination in regard to race, color, national origin, gender, sexual orientation, or religion; and

(I) The right to participate in planning of the services to be provided by a caregiver and care to be furnished, any changes in the services and care, the frequency of visits, and cessation of services, except where the health and safety of the caregiver is at risk.

(5) A caregiver registry shall document that a copy of the disclosure statement was given to the caregiver, client or client’s representative and shall place this documentation in a caregiver's file and in the caregiver registry's records.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0050

Complaints

(1) Any person may make a complaint verbally or in writing to the Division regarding an allegation against a caregiver registry of a violation of law applicable to a caregiver registry.

(2) The identity of a person making a complaint will be kept confidential.

(3) An investigation will be carried out as soon as practicable after the receipt of a complaint.

(4) Information obtained by the Division during an investigation of a complaint or reported violation under this rule is confidential and not subject to public disclosure under ORS 192.410 through 192.505.

(5) Upon the conclusion of the investigation, the Division may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any client of the caregiver registry. The Division may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a caregiver registry.

(6) If the complaint involves an allegation of criminal conduct or an allegation that is within the jurisdiction of another local, state, or federal agency, the Division will refer the matter to that agency.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0055

Investigations

(1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Division staff will begin an investigation.

(2) A caregiver registry shall permit Division staff access to the caregiver registry place of business during an investigation.

(3) An investigation may include but is not limited to:

(a) Interviews of the complainant, caregivers, clients, a client's representative, a client's family members, witnesses, caregiver registry management and staff;

(b) On-site observations of caregiver registry management, staff, or caregivers; and

(c) Review of documents and records.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0060

Surveys

(1) The Division shall, in addition to any investigations conducted under OAR 333-540-0055, conduct at least one general survey of each caregiver registry to determine compliance with caregiver registry laws every three years and at such other times as the Division deems necessary.

(2) A caregiver registry shall permit Division staff access to the caregiver registry place of business during a survey.

(3) A survey may include but is not limited to:

(a) Interviews of caregivers, clients, client representatives, client family members, and caregiver registry management and staff;

(b) On-site observations of caregiver registry management, staff, or caregivers; and

(c) Review of documents and records.

(4) A caregiver registry shall make all requested documents and records available to the surveyor for review and copying.

(5) Following a survey, Division staff may conduct an exit conference with the caregiver registry owner or his or her designee. During the exit conference Division staff shall:

(a) Inform the caregiver registry representative of the preliminary findings of the inspection; and

(b) Give the person a reasonable opportunity to submit additional facts or other information to the surveyor in response to those findings.

(6) Following the survey, Division staff shall prepare and provide the caregiver registry owner or his or her designee specific and timely written notice of the findings.

(7) If the findings result in a referral to another regulatory agency, Division staff shall submit the applicable information to that referral agency for its review and determination of appropriate action.

(8) If no deficiencies are found during a survey, the Division shall issue written findings to the caregiver registry owner or designee indicating that fact.

(9) If the surveyor's written notice of findings indicates that the caregiver registry was in compliance with caregiver registry laws and no deficiencies were cited, the caregiver registry's owner or designee shall sign and date the written notice and return it to the Division.

(10) If deficiencies are found, the Division shall take informal or formal enforcement action in compliance with OAR 333-540-0070 or 333-540-0075.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.019 & 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0065

Violations

In addition to non-compliance with any law that governs a caregiver registry, it is a violation to:

(1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Division staff access to the caregiver registry place of business, its documents or records;

(2) Fail to implement an approved plan of correction;

(3) Refuse or fail to comply with an order issued by the Division;

(4) Refuse or fail to pay a civil penalty;

(5) Fail to comply with rules governing the storage of records following the closure of a caregiver registry;

(6) Fail to report suspected abuse of elderly persons as defined in ORS 124.050;

(7) Fail to return a license as provided in OAR 333-540-0085; or

(8) Operate without a license.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0070

Informal Enforcement

(1) If, during an investigation or survey Division staff document violations of a law governing a caregiver registry, the Division may issue a statement of deficiencies that cites the law alleged to have been violated and the facts supporting the allegation.

(2) A signed and dated plan of correction must be received by the Division within 10 business days from the date the statement of deficiencies was mailed to the caregiver registry. A signed plan of correction will not be used by the Division as an admission of the violations alleged in the statement of deficiencies.

(3) A caregiver registry shall correct all deficiencies within 60 days from the date of the exit conference, unless an extension of time is requested from the Division. A request for such an extension shall be submitted in writing and must accompany the plan of correction.

(4) The Division shall determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Division, the Division shall notify the owner of the caregiver registry, in writing or by telephone:

(a) Identifying which provisions in the plan the Division finds unacceptable;

(b) Citing the reasons the Division finds them unacceptable; and

(c) Requesting that the plan of correction be modified and resubmitted no later than 10 working days from the date the letter of non-acceptance was mailed to the owner.

(5) If the caregiver registry does not come into compliance by the date of correction reflected on the plan of correction or 60 days from date of the exit conference, whichever is sooner, the Division may propose to deny, suspend, or revoke the caregiver registry's license, or impose civil penalties.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.045 & 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0075

Formal Enforcement

(1) If, during an investigation or survey, Division staff document a failure to comply with caregiver registry laws, the Division may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.470.

(2) The Division may issue a Notice of Imposition of Civil Penalty for violations of caregiver registry laws.

(3) At any time the Division may issue a Notice of Emergency License Suspension under ORS 183.430(2).

(4) If the Division revokes a caregiver registry license, the order shall specify when, if ever, the caregiver registry may reapply for a license.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.045 & 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0080

Civil Penalties

(1) A caregiver registry that violates caregiver registry laws, including OAR 333-540-0065 (violations), is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000.

(2) In determining the amount of a civil penalty, the Division shall consider whether:

(a) The Division made repeated attempts to obtain compliance;

(b) The licensee has a history of noncompliance with caregiver registry laws;

(c) The violation poses a serious risk to the public's health;

(d) The licensee gained financially from the noncompliance; and

(e) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance.

(3) The Division shall document its consideration of the factors in section (2) of this rule.

(4) Each day a violation continues is an additional violation.

(5) A civil penalty imposed under this rule shall comply with ORS 183.745.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.045
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0085

Return of Agency License

A caregiver registry shall return its license to the Division immediately if the registry:

(1) Voluntarily decides to stop operating a registry;

(2) Has its license suspended or revoked; or

(3) Fails to renew its license.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.045
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

333-540-0090

Applicability of Rules

(1) A caregiver registry already in operation on July 1, 2010 shall apply to the Division for a license and pay the applicable fee by August 1, 2010.

(2) The Division shall allow a caregiver registry already in operation on July 1, 2010, three months from its date of application before an on-site inspection is conducted, in order to allow a caregiver registry to come into compliance with these rules.

(3) A caregiver registry already in operation on July 1, 2010 shall conduct criminal background checks on all caregivers placed on its registry prior to July 1, 2010 if the caregiver has not had a criminal background check in the last three years.

Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.035, 443.100, & 443.105
Hist.: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

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