1. (1) Conditions may be attached to a certificate and take effect immediately upon notification by the Division or the delivery date of the notice, whichever is sooner. The type of condition attached to a certificate must directly relate to a risk of harm or potential risk of harm to individuals. Conditions may be attached upon a finding that:

   1. (a) Information on the application or initial inspection requires a condition to protect the health, safety, or welfare of the individuals.
   2. (b) A threat to the health, safety, or welfare of an individual exists.
   3. (c) There is reliable evidence of abuse, neglect, or exploitation.
   4. (d) The Crisis Stabilization Center is not being operated in compliance with these rules.

2. (2) Examples of conditions that may be imposed on a Crisis Stabilization Center license include, but are not limited to:

   1. (a) Restricting the total number of individuals served based upon the ability of the Crisis Stabilization Center to meet the health and safety needs of the individuals.
   2. (b) Requiring additional staff to meet an individual's care needs.
   3. (c) Requiring additional qualifications or training of staff.
   4. (d) Restricting a Crisis Stabilization Center from allowing persons on the premises who may be a threat to an individual's health, safety, or welfare.
3. (3) The Crisis Stabilization Center will be notified in writing of any conditions imposed, the reason for the conditions, and be given an opportunity to request a hearing under ORS 183.411 to 183.502.
4. (4) Conditions take effect immediately and are a final order of the Division unless later rescinded through the hearings process.
5. (5) A Crisis Stabilization Center may appeal conditions imposed by requesting a hearing in writing within 21 calendar days after the date the notice was personally served or mailed.
6. (6) In addition to, or in-lieu of, a contested case hearing, a Crisis Stabilization Center may request an informal conference with the Division to discuss conditions imposed. The informal conference does not diminish the Crisis Stabilization Center's right to a hearing.
7. (7) Conditions imposed remain in effect until the Division has sufficient cause to believe the situation that warranted the condition has been remedied. If the Crisis Stabilization Center believes the situation that warranted the condition has been remedied, the Crisis Stabilization Center may request in writing that the condition be removed.
8. (8) Conditions must be posted with the certificate in a prominent place in the Crisis Stabilization Center and be available for inspection at all times.

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, 426.500, 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 2-2026, temporary adopt filed 03/20/2026, effective 03/20/2026 through 09/15/2026