1. (1) The Division shall certify a program that meets the definition of a Crisis Stabilization Center and demonstrates compliance with these and all applicable laws and rules. No person or governmental unit acting individually or jointly with any other person or governmental unit shall establish, maintain, manage, or operate a Crisis Stabilization Center without a certification issued by the Division.
2. (2) When a Crisis Stabilization Center serves or seeks to serve another category of individuals in addition to youth and adults experiencing a behavioral health crisis, the directors of the Authority and the Department shall determine the department responsible for certification.

3. (3) An application for certification must be submitted to the Division using the forms or format required by the Division. The following information must be included in the application:

   1. (a) Full and complete information as to the identity and financial interest of each individual, including stockholders, having a direct or indirect ownership interest of five percent or more in the Crisis Stabilization Center and all officers and directors in the case of a Crisis Stabilization Center operated or owned by a corporation;
   2. (b) Name and resume of the program director;
   3. (c) Physical and mailing addresses for the Crisis Stabilization Center;
   4. (d) Proposed annual budget identifying sources of revenue and expenses;

   5. (e) Written background information pertaining to any current or previous licensure or certification by a state agency, including those licenses or certificates granted to a business or person affiliated with the business, including:

      1. (A) Copies of all current licenses or certificates;
      2. (B) Documentation showing the final disposition of any suspension, denial, revocation, or other disciplinary actions initiated on any current or previous license or certificate, including settlement agreements, where applicable; and

      3. (C) Documentation of any substantiated allegations of abuse or neglect pertaining to the applicant, or anyone employed by or contracted with the applicant.

         1. (i) A complete set of policies and procedures;
         2. (ii) Building plans and specifications; and
         3. (iii) Other information the Division may reasonably require.
      4. (D) Providers and owners (with a minimum 20% interest) providing CSC services must certify in writing under penalty of perjury they are not in violation of tax laws under ORS 305.380, to include Providers (with a minimum 20% interest) must submit an Oregon Tax Compliance Certificate from the Oregon Department of Revenue that they are not in violation of tax laws under ORS 305.380.

4. (4) A complete set of plans and specifications must be submitted to the Division at the time of initial application, whenever a new structure or addition to an existing structure is proposed, or when significant alterations to an existing facility are proposed. Plans must meet the following criteria:

   1. (a) Plans must be to scale and sufficiently complete to allow full review for compliance with these rules; and
   2. (b) Plans must bear the stamp of an Oregon licensed architect or engineer when required by the Building Code.

5. (5) Prior to approval of a certification for a new or renovated building, the applicant shall submit the following to the Division:

   1. (a) One copy of written approval to occupy the building issued by the city or county building codes authority having jurisdiction;
   2. (b) One copy of the fire inspection report from the State Fire Marshal or local jurisdiction indicating that the building complies with the Fire Code;
   3. (c) When the building is not served by an approved municipal water system, one copy of the documentation indicating that the state or county health agency having jurisdiction has tested and certified safe the water supply in accordance with OAR chapter 333, Public Health Division rules to public water systems;
   4. (d) When the setting is not connected to an approved municipal sewer system, one copy of the sewer or septic system approval from the Department of Environmental Quality or local jurisdiction.

6. (6) A certification is renewable upon submission of a renewal application in the form or format required by the Division:

   1. (a) Filing of an application for renewal 60 days before the date of expiration extends the effective date of the current certification until the Division acts upon the renewal application;
   2. (b)   Crisis Stabilization Centers shall not be certified if they do not meet the qualifications in 309-008-1200.

7. (7) Upon receipt of a complete application, the Division must begin its review of the materials within 30 days. The review must:

   1. (a) Include a complete review of application materials;
   2. (b) Include a site inspection; and
   3. (c) Conclude with a report stating findings and a decision on certification of the Crisis Stabilization Center.

8. (8) Denial of an application.

   1. (a) The Division may elect to deny an initial application on the basis of any of the following:
   2. (b) The applicant has previously had any action taken on a certificate or license; or
   3. (c) Action taken on a certificate or license includes denial, suspension, conditions, intent to revoke, or revocation by the Division, the Authority, the Oregon Department of Human Services, or any other state agency.
   4. (d) The applicant may appeal the denial of the application by submitting a request for reconsideration in writing to the Division within 14 calendar days from receipt of the denial notice. The Division must make a decision on the appeal within 30 days of receipt of the appeal. The decision of the Division is final.

9. (9) The provider shall submit and complete a plan of correction for each finding of noncompliance:

   1. (a) If the findings of noncompliance substantially impact the welfare, health, and safety of individuals, the provider shall submit a plan of correction that shall be approved by the Division prior to issuance of a certification. In the case of a currently operating program, the findings may result in suspension or revocation of a certification.
   2. (b) If it is determined that the findings of noncompliance do not threaten the welfare, health, or safety of individuals and the program meets other requirements of certification, the Division may issue or renew a certification with the plan of correction submitted and completed as a condition of certification.
   3. (c) The Division must within 30 days specify required documentation and set the timelines for the submission and completion of plans of correction in accordance with the severity of the findings.
   4. (d) The Division must review and evaluate each plan of correction. If the plan of correction does not adequately remedy the findings of noncompliance, the Division must require a revised plan of correction.
   5. (e) The provider may appeal the finding of noncompliance or the disapproval of a plan of correction by submitting a request for reconsideration in writing to the Division. The Division must make a decision on the appeal within 30 days of receipt of the appeal. The decision of the Division is final.
10. (10) The Division, in its discretion, may grant a variance to these rules as allowed in OAR 309-073-0160 based upon a demonstration by the applicant or provider that an alternative method or different approach provides equal or greater program effectiveness and does not adversely impact the welfare, health, or safety of individuals.

11. (11) Upon finding that the applicant is in substantial compliance with these rules, the Division must issue a certification:

    1. (a) The certification issued must state the name of the Crisis Stabilization Centers, the name of the program director, the address of the building to which the certification applies, the type of program, and such other information as the Division deems necessary.
    2. (b) The certification shall be effective for two years from the date issued unless sooner revoked or suspended; and
    3. (c) The certification is not transferable or applicable to any building, location, or management other than that indicated on the application and certification.

12. (12) The certification is valid only under the following conditions:

    1. (a) The provider shall maintain the license posted in the setting and available for inspection at all times; and
    2. (b) A license becomes void immediately upon suspension or revocation of the certification by the Division or if the operation is discontinued by voluntary action of the provider or if there is a change of ownership.

13. (13) Division staff shall visit and inspect every Crisis Stabilization Center at least once every two years to determine whether it is maintained and operated in accordance with these rules. The provider or applicant shall allow Division staff entry and access to the building and individuals for the purpose of conducting the inspections:

    1. (a) Division staff will review methods of individual care and treatment, records, the condition of the building and equipment, and other areas of operation.
    2. (b) All records, unless specifically excluded by law, must be available to the Division for review; and
    3. (c) The State Fire Marshal or authorized representatives must, upon request, be permitted access to the setting, fire safety equipment within the setting, safety policies and procedures, and maintenance records of fire protection equipment and systems.
14. (14) Incidents of alleged abuse covered by ORS 430.735 through 430.765 and reported complaints shall be investigated in accordance with OAR 943-045-0250 through 0370. The Division may delegate the investigation to a CMHP or other appropriate entity.

15. (15) The Division may deny, suspend, revoke, or refuse to renew a certification when it finds there has been substantial failure to comply with these rules or when the State Fire Marshal or authorized representative certifies that there is failure to comply with the Fire Code:

    1. (a) In cases where there exists an imminent danger to the health or safety of an individual or the public, a certification may be suspended immediately; and
    2. (b) The revocation, suspension, nonrenewal, or denial shall include the opportunity for a hearing in accordance with ORS 183.482.
    3. (c) Demonstrates substantial failure to comply with these administrative rules or with applicable state or federal law.
    4. (d) There is a threat to the health or safety of individuals.
    5. (e) Fails to maintain any State of Oregon license that is a prerequisite for providing services that were approved.
    6. (f) Has a direct contract with the Division, and the Division terminates its agreement or contract with the provider.
    7. (g) Fails to comply with the requirements of one or more conditions on the certificate.
    8. (h) Fails to submit and or implement a POC sufficient to come into substantial compliance with these and other applicable rules or regulations.
    9. (i) Submits falsified or incorrect information to the Division.
    10. (j) Refuses to allow access to information for the purpose of verifying compliance with applicable statutes, administrative rules, or other applicable regulations within a specified date or fails to submit such information following the date specified for such a submission in the written notification.
    11. (k) Fails to maintain sufficient staffing or fails to comply with staff qualification requirements.
    12. (l) The provider fails to demonstrate the ability to meet and sustain compliance with all applicable statutes, rules, and regulations.

16. (16) Any significant changes to information supplied in the application or subsequent correspondence must be reported to the Division within 14 calendar days of the change. A new application will be required. Changes include but are not limited to changes in:

    1. (a) The location or physical nature of the building.
    2. (b) Program name.
    3. (c) Licensee and Owner.
    4. (d) Program director.
    5. (e) Telephone number.
    6. (f) Mailing address; or
    7. (g) Policies and procedures or staffing pattern when the changes are significant or impact the individual's health, safety, or well-being.

Statutory/Other Authority

ORS 183.310 -183.750, 179.040, 413.042, 413.032 - 413.033, 428.205 - 428.270, 430.624, 430.626 - 430.630, 430.640, 430.870, HB 2417 (2021) & 743A.168

Statutes/Other Implemented

ORS 183.310 - 183.750, 462.500, 428.205 - 428.270, 430.010, 430.021, 430.205 - 430.210, 430.254, 430.335, 430.620, 430.626 - 430.630, 430.637 & 414.665

History

BHS 15-2026, temporary adopt filed 06/04/2026, effective 06/05/2026 through 09/15/2026
BHS 2-2026, temporary adopt filed 03/20/2026, effective 03/20/2026 through 09/15/2026