1. (1) Every provider that operates a residential service element by contract with the Division or subcontracts with a local entity or public body or receives public funds for providing substance use disorder or problem gambling prevention, intervention, or treatment services shall have a license and:

   1. (a) Providers may not represent themselves as conducting any service described in this rule without first obtaining a license;
   2. (b) A provider that does not have a license for conducting a service described in this rule may not admit an individual needing that service; and
   3. (c) The license shall be posted in the facility and available for inspection at all times.
2. (2) Licensed providers shall also maintain a current certificate of approval for the provision of outpatient behavioral health treatment services pursuant to OAR 309-008-0100 to 1600 if also providing an outpatient service.

3. (3) Any facility that meets the definition of a residential treatment facility under ORS 443.400 or a detoxification center as defined in ORS 430.306 shall be licensed by the Division:

   1. (a) No individual or entity may represent themselves as a residential treatment facility or as a detoxification center without being licensed;
   2. (b) A residential treatment facility or a detoxification center that is not licensed may not admit individuals needing residential or detoxification care or treatment; and
   3. (c) A license shall be posted in the facility and available for inspection at all times.
4. (4) Approval or licensure of a service element pursuant to this rule does not create an express or implied contract in the absence of a fully executed written contract.

Statutory/Other Authority

ORS 413.042 & ORS 430.256

Statutes/Other Implemented

ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400

History

ADS 6-2018, amend filed 12/26/2018, effective 01/09/2019
ADS 5-2018, temporary amend filed 07/17/2018, effective 08/01/2018 through 01/27/2019
ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018
ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018
ADS 2-2017, f. 6-29-17, cert. ef. 7-1-17
ADS 1-2017(Temp), f. & cert. ef. 2-2-17 thru 7-31-17
ADS 8-2016, f. & cert. ef. 12-14-16
ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
ADS 4-2013, f. & cert. ef. 5-3-13
ADS 2-2013(Temp), f. & cert. ef. 1-14-13 thru 7-12-13
ADS 2-2008, f. & cert. ef. 11-13-08
ADAP 2-1993, f. & cert. ef. 11-5-93