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

   1. (a) The organization of the Registry;
   2. (b) Services provided by the Registry;
   3. (c) The relationship between the caregiver registry and caregivers placed on the registry;
   4. (d) Fees charged to caregivers and clients;
   5. (e) Selection of caregivers for placement on the registry and for removal from the registry;
   6. (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;
   7. (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;
   8. (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;
   9. (i) A process for reporting suspected abuse or neglect of a client to the Division and other appropriate agencies; and
   10. (j) Record keeping, including physical security of documents and record confidentiality.

2. (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:

   1. (a) Review of the registry's policies and procedures;
   2. (b) Requirements for placement on the registry;
   3. (c) Requirements for continuation of caregivers’ names on the registry;
   4. (d) Reasons for removal from the registry;
   5. (e) Requirements for reporting abuse and/or neglect; and
   6. (f) Continuing education requirements.

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

   1. (a) Criminal conviction;
   2. (b) Arrest, indictment, or charge for a sexual offense or property crime;
   3. (c) Disciplinary action taken by a licensing board or agency;
   4. (d) Citation for driving while under the influence of intoxicants; and
   5. (e) Revocation of driving privileges.
4. (4) A caregiver registry shall not delegate any administrative functions to another agency or organization.

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

   1. (a) Assume full legal, financial, and overall responsibility for the caregiver registry’s operation; and
   2. (b) Serve as or employ a qualified manager.

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

   1. (a) A high school diploma or equivalent; and
   2. (b) At least two years of professional or management experience.
7. (7) A caregiver registry manager shall designate, in writing, a qualified individual to act as manager in his or her absence.

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

   1. (a) Organizing and directing the caregiver registry’s ongoing functions;
   2. (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;
   3. (c) Ensuring the completeness and accuracy of all information provided to the public regarding the caregiver registry and its services;
   4. (d) Ensuring that all caregivers on the registry meet the qualifications required by these rules and the caregiver registry policies;
   5. (e) Cooperating with the Division in the event of a survey or investigation; and
   6. (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.

Statutory/Other Authority

ORS 443.105

Statutes/Other Implemented

ORS 443.105

History

PH 9-2010, f. 6-17-10, cert. ef. 7-1-10