1. (1) The Agency with Choice must submit their training plan and curriculum for approval by the Division including who will be providing the training.

   1. (a) The training plan must substantially meet the training required by the Oregon Home Care Commission in both content and length of training as defined OAR 418-020-0035; and
   2. (b) The training plan must include how direct support workers will receive orientation and competency based training and how the Agency with Choice will engage with the individual to determine what individual specific training is necessary.

2. (2) Direct support workers must complete an Agency with Choice-specific orientation. The orientation must be a minimum of four hours of instruction, obtained online or in person and must be completed prior to serving an Individual. Orientation must include the following topics:

   1. (a) Direct support workers' job description and requirements highlighting the importance of supporting Individual self-direction;
   2. (b) Abuse and mandatory reporting;
   3. (c) Confidentiality;
   4. (d) Individual rights;
   5. (e) Medication safety;
   6. (f) Preventing Medicaid fraud;
   7. (g) Providing person-centered services;
   8. (h) Universal precautions and infection control;
   9. (i) An overview of the Agency with Choice's policies and procedures as required in these rules;
   10. (j) A description of the supports provided by the Agency with Choice to the direct support worker; and
   11. (k) Use of the Agency with Choice’s Electronic Visit Verification system that accurately documents the services provided on a daily basis as authorized in the person-centered service plan.

3. (3) Competency based training is intended to improve the direct support worker’s ability to better serve the Individuals and should be eight hours of training. Competency based training must be completed within 120 days of the direct support worker beginning work with individuals. Training should include, but is not limited to:

   1. (a) Recognizing and responding to medical emergencies;
   2. (b) Understanding and recognizing mental and emotional conditions;
   3. (c) Appropriate and safe techniques in ADL and IADL tasks, especially related to negative outcome prevention;
   4. (d) Methods and techniques to prevent skin breakdown, tightening of skin, muscles, or tendons limiting movements, and falls;
   5. (e) Proper body movement, posture, alignment, and positioning to prevent injury of the Individual and the direct support worker; and
   6. (f) Providing more details on the topics covered in the orientation.
4. (4) Competency evaluations must demonstrate that direct support worker possesses the necessary knowledge and skills to perform their assigned duties. Such evaluations may be completed through direct observation, written testing, oral testing, or a combination thereof, as appropriate to the nature of the service provided. Direct observation should be required only when it is determined relevant and necessary by the Agency with Choice.
5. (5) Individual’s specific training may be required before the direct support worker serves an individual as requested by the individual and must be developed in partnership with the individual. The training must clearly define the direct support workers' duties and responsibilities aligning with the Individual’s self-directed service plan, choices and preference.
6. (6) A direct support worker must receive a minimum of six hours of continuing education each year.

7. (7) The training required in sections (3) through (10) of this rule must be clearly documented and maintained in each direct support worker’s personnel record and must include the following information, if applicable:

   1. (a) Content of the training for each topic;
   2. (b) The date(s), times(s) and training topics covered; and
   3. (c) The name(s) and signature(s) of the Agency with Choice-specific orientation instructor, qualified training entity, or qualified trainer conducting the training.
8. (8) An Agency with Choice must maintain sufficient information and documentation to demonstrate that the person(s) or entity providing the training under this rule is a qualified training entity or Qualified Trainer.
9. (9) Direct support workers who have previously served as a homecare worker, personal support worker, personal care attendant, staff at an in-home care agency or as a direct support workers with another Agency with Choice are not subject to additional competency base training requirements if previous training is not expired and documented in the hiring Agency with Choice personnel records. Orientation is still required.
10. (10) A direct support worker with proof of a current Oregon health-care related license or certificate such as nursing license or certified nursing assistant is exempt from competency base training. A direct support worker must provide annual proof of this license or certificate to remain exempt. Orientation is still required.

Statutory/Other Authority

ORS 413.042 & Oregon Law 2024, Chapter 37

Statutes/Other Implemented

ORS 430.731 & Oregon Law 2024, Chapter 37

History

BHS 4-2026, adopt filed 04/30/2026, effective 04/30/2026