Oregon Administrative Rules
Chapter 407 - DEPARTMENT OF HUMAN SERVICES
Division 49 - REFERRAL AGENTS FOR PROGRAMS
Section 407-049-0100 - Prohibited Activities

Universal Citation: OR Admin Rules 407-049-0100

Current through Register Vol. 63, No. 3, March 1, 2024

A referral agent is prohibited from the following activities:

(1) Sharing a client's or subject of placement's information to a "program" or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information.

(2) Referring a client or a subject of placement to a "program" in which the referral agent or an immediate family member of the referral agent has an ownership interest.

(3) Contacting a client who has requested in writing that the referral agent stop contacting the client.

(4) Referring a client to a "program" that is not licensed by the agency responsible for licensing "programs" in the state where the "program" is located.

(5) Referring a client to a "program" without personally touring the "program" within the prior 24 months. If the tour occurred during a time when personal tours were prohibited by a federal, state, or local emergency declaration, virtual tours are permitted.

(6) Referring a client to a "program" that has had a restriction, revocation, or suspension of its license by any licensing entity within the prior 12 months.

(7) Referring a client to an organization or company that offers secure transportation services that is not approved by the Department to accept referrals, under rules that have been or will be adopted by the Department.

(8) Referring a client to a "program" that provides any compensation, or consideration to the referral agent in exchange for the referral.

(9) A referral agent can neither solicit nor accept compensation from "program" for placing or attempting to place students with them. They scrupulously avoid behavior that might be construed as soliciting or accepting compensation.

(10) A referral agent is expressly forbidden quid pro quo relationships involving referral of clients tied with referrals back to members and relationships that promise the exclusive or more favorable use of a particular "program".

Statutory/Other Authority: ORS 409.050, ORS 418.351 to 418.357 & ORS 419B.005 to 419B.050

Statutes/Other Implemented: ORS 409.050

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