1. (1) A provider must support an individual's freedom to have access to his or her personal food at any time. A limitation may only be used when there is a health or safety risk and written informed consent is obtained as described in OAR 411-325-0430 and OAR 411-004-0040.

2. (2) Three nutritious meals and two snacks must be provided daily. Meals must be offered at times consistent with those in the community.

   1. (a) Each meal must include food from the basic food groups according to the United States Department of Agriculture (USDA) and include fresh fruit and vegetables when in season, unless otherwise specified in writing by a health care provider.
   2. (b) Food preparation must include consideration of cultural and ethnic backgrounds, as well as the food preferences of individuals. Special consideration must be given to individuals with chewing difficulties and other eating limitations as described in section (3) of this rule.
   3. (c) If an individual misses or plans to miss a meal at a scheduled time, or requests an alternate mealtime, an alternative meal must be made available. Individuals are not restricted to specific mealtimes and are encouraged to choose when, where, and with whom to eat.
   4. (d) Provision of food beyond the required three meals and two snacks are the responsibility of the individual.

3. (3) MODIFIED OR SPECIAL DIETS. For an individual with a modified or special diet ordered by a physician or health care provider, a provider must:

   1. (a) Have menus for the current week that provide food and beverages that consider the preferences of the individual and are appropriate to the modified or special diet; and
   2. (b) Maintain documentation that identifies how the modified or special diets is prepared and served to the individual.
4. (4) Unpasteurized milk and juice and home canned meats and fish may not be served or stored in a home.
5. (5) A provider must maintain adequate supplies of staple foods for a minimum of one week and perishable foods for a minimum of two days on the premises.
6. (6) Food must be stored, prepared, and served in a sanitary manner.

Statutory/Other Authority

ORS 409.050, 441.715, 443.450 & 443.455

Statutes/Other Implemented

ORS 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991

History

APD 13-2019, amend filed 02/14/2019, effective 02/15/2019
APD 24-2016, f. & cert. ef. 6-29-16
APD 34-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13
SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04
SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04