1. (1) An applicant may not advertise as an endorsed Ventilator Assisted Program facility until the applicant has obtained an endorsement from the Department. A prospective Ventilator Assisted Program facility may advertise as such if they have submitted an endorsement application to the Department.
2. (2) A facility with a valid endorsement may advertise it has an endorsement. However, the advertising materials may not imply or state the Department recommends or supports a specific facility.
3. (3) All advertising material must be truthful and may not include or use coercive or misleading information about the endorsement of the facility.
4. (4) Upon the determination that a non-endorsed facility implies or advertises they have an endorsement, the Department shall send a notice to the licensee to cease the advertising immediately. Failure to comply may result in a civil penalty as outlined in OAR 411-089-0030.

Statutory/Other Authority

ORS 409.050, 410.070, 441.055, 441.615

Statutes/Other Implemented

ORS 409.050, 410.070, 441.055

History

APD 9-2019, adopt filed 01/31/2019, effective 02/01/2019