(1) As used in this section and ORS § 443.517:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(a) ‘Employer’ means:

(A) The Home Care Commission, for caregivers described in paragraph (b)(A) of this subsection.

(B) An in-home care agency that hires, enters into an arrangement with or contracts with a caregiver described in paragraph (b)(B) of this subsection.

(b) ‘Home or community-based services caregiver’ or ‘caregiver’ means:

(A) A home care worker, as defined in ORS § 410.600.

(B) An individual providing in-home care services as an employee of or under an arrangement or contract with an in-home care agency.

(c) ‘In-home care agency’ has the meaning given that term in ORS § 443.305.

(d) ‘In-home care services’ has the meaning given that term in ORS § 443.305.

(2) The Department of Human Services shall adopt by rule criteria for the certification and continuing certification of home or community-based services caregivers. The criteria must include, but are not limited to, requirements that:

(a) The caregiver:

(A) Be 18 years of age or older;

(B) Not be excluded from participation in federal health care programs under 42 U.S.C. §§ 1320a-7a;

(C) Have in effect a satisfactorily completed criminal records check in accordance with ORS § 443.004; and

(D) Complete all basic training requirements that are relevant to the position and to the health and safety of workers and individuals receiving care, including but not limited to requirements adopted by the department under ORS § 410.598 and 443.011; and

(b) The employer provide to the department verification from a person that provides training, including but not limited to the employer, a training institution, an approved training entity or an apprenticeship program, that the caregiver was provided the training described in paragraph (a)(D) of this subsection. The department shall prescribe by rule the deadline by which the department must receive the verification from the employer following the completion of the training.

(3) The department shall prescribe an application process and verification requirements for the certification and continuing certification of home or community-based services caregivers.

(4) Employers are responsible for initiating the certification of home or community-based services caregivers who they employ.

(5) A home or community-based services caregiver maintains the caregiver’s certification if all training requirements are completed timely. [2022 c.95 § 1]

The amendments to 443.515 by section 3, chapter 95, Oregon Laws 2022, become operative December 31, 2024. See section 6, chapter 95, Oregon Laws 2022. The text that is operative on and after December 31, 2024, is set forth for the user’s convenience.

(1) As used in this section and ORS § 443.517:

(a) ‘Employer’ means:

(A) The Home Care Commission, for caregivers described in paragraph (b)(A) of this subsection.

(B) An in-home care agency that hires, enters into an arrangement with or contracts with a caregiver described in paragraph (b)(B) of this subsection.

(C) An owner or operator of a residential care facility that employs a caregiver described in paragraph (b)(C) of this subsection.

(b) ‘Home or community-based services caregiver’ or ‘caregiver’ means:

(A) A home care worker, as defined in ORS § 410.600.

(B) An individual providing in-home care services as an employee of or under an arrangement or contract with an in-home care agency.

(C) An individual who is direct care staff, as defined in ORS § 443.400, in a residential care facility, as defined in ORS § 443.400, that includes a residential care facility with a memory care endorsement under ORS § 443.886 and an assisted living facility.

(c) ‘In-home care agency’ has the meaning given that term in ORS § 443.305.

(d) ‘In-home care services’ has the meaning given that term in ORS § 443.305.

(2) The Department of Human Services shall adopt by rule criteria for the certification and continuing certification of home or community-based services caregivers. The criteria must include, but are not limited to, requirements that:

(a) The caregiver:

(A) Be 18 years of age or older;

(B) Not be excluded from participation in federal health care programs under 42 U.S.C. §§ 1320a-7a;

(C) Have in effect a satisfactorily completed criminal records check in accordance with ORS § 443.004; and

(D) Complete all basic training requirements that are relevant to the position and to the health and safety of workers and individuals receiving care, including but not limited to requirements adopted by the department under ORS § 410.598 and 443.011; and

(b) The employer provide to the department verification from a person that provides training, including but not limited to the employer, a training institution, an approved training entity or an apprenticeship program, that the caregiver was provided the training described in paragraph (a)(D) of this subsection. The department shall prescribe by rule the deadline by which the department must receive the verification from the employer following the completion of the training.

(3) The department shall prescribe an application process and verification requirements for the certification and continuing certification of home or community-based services caregivers.

(4) Employers are responsible for initiating the certification of home or community-based services caregivers who they employ.

(5) A home or community-based services caregiver maintains the caregiver’s certification if all training requirements are completed timely.

443.515 and 443.517 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.