1. (1) An AFH provider must meet the following qualifications:

   1. (a) Be at least 21 years of age;
   2. (b) Live in the AFH to be licensed, unless an approved resident manager lives in the AFH;

   3. (c) Provide evidence satisfactory to the Division regarding experience, training, knowledge, interest, and concern in providing care to persons with severe and persistent mental illness. Evidence may include, but is not limited to the following:

      1. (A) Certified nurse's aide training;
      2. (B) Nursing home, hospital, or institutional work experience;
      3. (C) Licensed practical nurse or registered nurse training and experience;
      4. (D) Division approved training;
      5. (E) Experience in caring for individuals with severe and persistent mental illness; and
      6. (F) Home management skills.

   4. (d) Have and maintain current CPR and First Aid certification.

      1. (A) Accepted CPR and First Aid courses must be provided by or meet the standards of the American Heart Association or the American Red Cross.
      2. (B) CPR or First Aid courses conducted online are only accepted by the Division when an in-person skills competency check is conducted by a qualified instructor meeting the standards of the American Heart Association or the American Red Cross.
   5. (e) Possess the physical health and mental health determined necessary by the Division to provide 24-hour care for adults who are mentally ill. Applicants must have a statement from a physician, nurse practitioner, or physician assistant on the Division approved form that they are physically, mentally, and emotionally capable of providing care;

   6. (f) Have an approved background check in accordance with OAR chapter 943 division 007;

      1. (A) All subject individuals must self-report to the provider any potentially disqualifying condition as described in OAR 407-007-0280 and OAR 407-007-0290; and
      2. (B) The provider must notify the Division of self-reported information within 24 hours.
   7. (g) Provide evidence of sufficient financial resources to operate an AFH for at least two months, unless the application is for renewal of an AFH that is already in operation;
   8. (h) Be proficient in the English language and capable of understanding and communicating orally and in writing with residents, medical professionals, case managers, and others involved in the care of residents;
   9. (i) Be able to respond appropriately to emergency situations at all times;
   10. (j) Not be listed on either of the Exclusion Lists.
   11. (k) If transporting residents by motorized conveyance, have a current driver's license in compliance with the Department of Motor Vehicles laws and vehicle insurance as required by the State of Oregon.
   12. (l) Provide evidence of completion of the approved course Mandatory Reporting for Individuals Working in Community Mental Health Programs, or another equivalent course; and
   13. (m) Have a clear understanding of job responsibilities, have knowledge of the resident’s Residential Care Plans RCPs, and be able to provide the care specified for each resident.
2. (2) The resident manager must meet the provider qualifications listed in section (1) (a) through (l) of this rule. A resident manager applicant may work in the home pending outcome of the national criminal history check, if the Oregon background check was clear and no convictions were self-disclosed on the criminal record authorization.

3. (3) Substitute caregivers must have access to resident records and must meet the following qualifications:

   1. (a) Be at least 18 years of age;
   2. (b) Have an approved background check in accordance with OAR chapter 943 division 007. A substitute caregiver may work in the home pending outcome of the national criminal history check providing the Oregon background check was clear and no convictions were self-disclosed on the criminal record authorization;
   3. (c) Be proficient in the English language and capable of understanding and communicating orally and in writing with residents, medical professionals, case managers, and others involved in the care of residents;
   4. (d) Know fire safety and emergency procedures and have the ability to respond appropriately to emergency situations at all times;
   5. (e) Have a clear understanding of job responsibilities, have knowledge of the resident’s Residential Care Plans, and be able to provide the care specified for each resident;
   6. (f) Possess the physical health and mental health determined necessary by the Division to provide 24-hour care for adults who are mentally ill.

   7. (g) Have and maintain current CPR and First Aid certification.

      1. (A) Accepted CPR and First Aid courses must be provided by or meet the standards of the American Heart Association or the American Red Cross.
      2. (B) CPR or First Aid courses conducted online are only accepted by the Division when an in-person skills competency check is conducted by a qualified instructor meeting the standards of the American Heart Association or the American Red Cross.
   8. (h) Not be a resident; and

   9. (i) Not be listed on either of the Exclusion Lists.

      1. (A) The provider must verify the substitute caregiver is not listed on either of the Exclusion Lists; and
      2. (B) Verification must be clearly documented in the facility’s records.
   10. (j) If transporting residents by motorized conveyance, have a current driver's license in compliance with Department of Motor Vehicles laws and vehicle insurance as required by the State of Oregon.
   11. (k) Provide evidence of completion of the approved course Mandatory Reporting for Individuals Working in Community Mental Health Programs, or another equivalent course.
4. (4) The provider may not hire or continue to employ a resident manager or substitute caregiver who does not meet the requirements of this rule.
5. (5) The provider must supervise and train resident managers and substitute caregivers and monitor their general conduct when acting within the scope of their employment or duties.

6. (6) After receipt of the completed resident manager application, and Division approval, a revised license must be issued in accordance with ORS 443.738(1) through (4).

   1. (a) If a resident manager leaves during the period of the license, the provider must notify the Division immediately;
   2. (b) and identify a plan for providing care to the residents.
7. (7) Volunteers, and occupants over the age of 16, excluding residents, must have documentation of an approved background check in accordance with ORS 181A.200, 443.735 and OAR 943-007-0001 through 0501.

Statutory/Other Authority

ORS 413.042

Statutes/Other Implemented

ORS 443.705 - 443.825

History

BHS 11-2026, temporary amend filed 05/28/2026, effective 06/05/2026 through 12/01/2026
BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025
MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17
MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17
Renumbered from 309-040-0045, MHD 3-2005, f. & cert. ef. 4-1-05
MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99
MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92)
MHD 6-1986, f. & ef. 7-2-86
MHD 19-1985(Temp), f. & ef. 12-27-85