1. (1) A referral agent shall provide a client with a disclosure at the same time the client is offered information, referral, or recommendation regarding a program. The written disclosure must meet the same standard as the disclosure that was provided to the Department as described in OAR 419-300-0030.

2. (2) The referral agent must provide to the client a website or written notice for each program to which the referral agent makes program referrals. The website or written notice must include the following:

   1. (a) A link to the state agency website listing licensing or substantiated abuse complaints concerning the program;
   2. (b) Contact information to facilitate reporting of abuse or neglect and licensing violations in the state in which the program is located; and
   3. (c) Contact information for all law enforcement agencies responsible for coverage of the community in which the program is located.

3. (3) Before a referral agent refers a client to a program the referral agent  must review and disclose the following information as required by OAR 419-300-0030 (3):

   1. (a) All licensing actions taken against the program or its parent company in the prior 24 months, based on direct inquiry with each agency that licenses the program;
   2. (b) The number of substantiated allegations of abuse, deaths and or serious injuries at the program in the prior 24 months, based on direct inquiry with each entity that licenses the program or investigates abuse at the program.

4. (4) A client in accordance with ORS 418.353 (5), may bring a cause of action for a violation of the following rules:

   1. (a) OAR 419-300-0030;
   2. (b) OAR 419-300-0060;
   3. (c) OAR 419-300-0070; or
   4. (d) OAR 419-300-0100.

Statutory/Other Authority

ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357

Statutes/Other Implemented

ORS 409.050

History

OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
OTIS 5-2024, minor correction filed 03/01/2024, effective 03/01/2024
DHS 7-2024, renumbered from 407-049-0060, filed 03/01/2024, effective 03/01/2024
DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022