OAR 411-057-0140. Responsibilities of Administration

(1) The licensee is responsible for the operation of the memory care community and the provision of person-centered care that promotes each resident’s dignity, independence, safety, and comfort. This includes the supervision, training, and overall conduct of the staff. (2) The licensee of a memory care community must comply with both the licensing rules for the facility and OAR chapter 411, division 57. (3) The administrator of the memory care community must complete and document that at least 10 hours of their required annual continuing educational requirements, as required by the licensing rules of the facility, relate to the care of individuals with dementia. Continuing education credits must be obtained through Department approved sources which may include college courses, preceptor credits, self-directed activities, course instructor credits, corporate training, in-service training, professional association trainings, web-based trainings, correspondence courses, telecourses, seminars, and workshops. (4) The endorsed memory care community must provide a Department designated Memory Care Community Uniform Disclosure Statement (form APD 9098 MC) to each person who requests information about the memory care community. (5) In addition to the policies and procedures required in the licensing rules for the facility, the memory care community licensee must develop and implement policies and procedures that address: (a) Person-centered The philosophy governing how services are provided and how the memory care community implements person-centered care in daily operations; (b) Person-centered The evaluation of behavioral symptoms and the design of person-centered supports for service plans; (c) Practices that support safe wandering while preventing elopement, including the use of environmental design, supervision, and individualized interventions appropriate to residents with dementia; and (d) The assessment of residents regarding the use and effects of medications, including psychotropic medications; (e) The use of supportive devices with restraining qualities; (f) The staffing plan for the memory care community; (g) Staff training specific to dementia care; (h) The development and implementation of the community’s life enrichment program, including how activities reflect the evaluated needs, abilities, and preferences of residents living in the memory care community; (i) The development and implementation of family support programs, including how the community assists families to remain engaged; (j) The limitation of public address and intercom systems to emergencies and evacuation drills only; (k) The coordination of transportation and assistance to and from outside medical appointments; (l) The safekeeping of residents’ possessions. The policy required under this subsection must be provided to each resident and the resident's designated representative at the time of move-in and quarterly. (m) Elopement response and notification. (A) The licensee must develop and implement written policies and procedures that clearly define the actions staff must take when a resident has eloped from the memory care community. (B) Elopement policies and procedures must include, at a minimum: (i) Immediate actions staff must take upon discovering or suspecting that a resident has eloped, including supervision of other residents and search procedures within and around the community; (ii) Internal notification and escalation procedures, including clear designation of staff roles and responsibilities and timely notification to the administrator or designee; (iii) Timeframes for elopement notifications: (I) Require immediate notification of the local law enforcement agency or 911 after a preliminary search of endorsed memory care community; (II) Require notification to the Department and the Office of the Long-Term Care Ombudsman as soon as practicable, but no later than 24 hours after elopement. (iv) Require notification of the resident’s designated representative consistent with the resident’s service plan and any documented preferences, but no later than 24 hours after the resident is discovered or suspected to have eloped. (v) Procedures to ensure continuity of care and support for the resident upon return, including evaluation of physical and emotional status and review of the resident’s care plan. (vi) Documentation requirements, including a record of the date and time of actions taken, notifications made, and follow-up measures implemented. (vii) Procedures to reduce elopement risk during visitor access, deliveries, contracted services, maintenance activities or other periods of increased resident-accessible exit use. (C) Elopement response policies must be specific to residents with dementia and address risks related to cognition, communication, mobility, and behavioral symptoms, including but not limited to wandering and exit-seeking behaviors. (D) Following an elopement or missing resident incident, the licensee must ensure a review is conducted to evaluate the timeliness, effectiveness of the response and identify any needed changes to policies, staffing practices, training, or environmental controls. (E) When egress control systems release due to power failure, fire alarm activation, or other system interruption, the memory care community must implement its elopement prevention procedures until systems are restored. (n) Elopement and egress control training, as required by OAR 411-057-0155(2)(D)(iii). (A) The licensee must ensure that all staff assigned to the memory care community receive training and demonstrate ongoing competency in: (i) Elopement response and notification procedures; and (ii) The egress control systems in use at the community. (B) Training must include: (i) Staff responsibilities and procedures when a resident is suspected or confirmed to have eloped, including search procedures, internal escalation, resident supervision, emergency response, and required notifications; (ii) How the egress control systems operate during normal conditions; (iii) Staff responsibilities for monitoring, responding to alarms, and preventing elopement; (iv) Procedures for manual override or release during emergencies, evacuations, or power failure; and (v) Coordination between staff roles during an elopement response or emergency event. (C) Training must be documented and provided upon hire, when systems or procedures are modified, and as part of ongoing staff training. (D) Following an elopement or system failure event, the licensee must ensure that egress control training is reviewed and updated, and that additional staff training is provided when the post-event review identifies gaps in knowledge, implementation, or system operation. (6) The licensee must ensure that each administrator assigned responsibility for an endorsed memory care community: (a) Has completed and maintains compliance with the administrator qualification, licensure, and continuing education requirements applicable to the facility’s license type, including but not limited to: (A) OAR 411-054-0065 for assisted living facilities and residential care facilities; or (B) OAR chapter 853, division 30 for nursing facilities; and (b) Completes and documents Department-approved training specific to memory care operations, dementia-related risk factors, and the physical design, environment, and safety requirements of this division. (c) Nothing in this subsection alters, replaces or expands administrator licensure, authorization, or examination requirements established under other applicable statutes or administrative rules. (7) The administrator is responsible for implementing the policies and procedures required under this rule and for ensuring day-to-day operational compliance with the memory care community endorsement requirements within the scope of the administrator’s authority. Nothing in this subsection relieves the licensee of responsibility for compliance with this division or for ensuring that the administrator has the authority, resources and training necessary to carry out these responsibilities.