Chapter 21
AN ACT
SB 42
Relating to adult foster homes; amending ORS 430.735, 441.100, 443.205,
443.725 and 811.607; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 443.725 is amended to read:
443.725. (1) Every
provider of adult foster care [shall]
must be licensed with the Department of Human Services before opening or
operating an adult foster home caring for adult residents.
(2) Except as
provided in subsection (4) of this section, a provider must live in the
home that is to be licensed or hire a resident manager to live in the home.
(3) Except as
provided in subsection (4) of this section, there must be a provider[, resident manager] or substitute
caregiver on duty 24 hours per day in an adult foster home under the
jurisdiction of the department [of Human
Services].
(4) The department
shall adopt rules establishing standards for granting exceptions to the
requirements of subsections (2) and (3) of this section. The standards must be
designed to safeguard residents’ health and safety and residents’ uninterrupted
receipt of services.
SECTION 2.
ORS 430.735 is amended to read:
430.735. As used in ORS
430.735 to 430.765:
(1) “Abuse” means one or
more of the following:
(a) Any death caused by
other than accidental or natural means.
(b) Any physical injury
caused by other than accidental means, or that appears to be at variance with
the explanation given of the injury.
(c) Willful infliction
of physical pain or injury.
(d) Sexual harassment or
exploitation, including but not limited to any sexual contact between an
employee of a facility or community program and an adult.
(e) Neglect that leads
to physical harm through withholding of services necessary to maintain health
and well-being. For purposes of this paragraph, “neglect” does not include a
failure of the state or a community program to provide services due to a lack
of funding available to provide the services.
(2) “Adult” means a
person who is mentally ill or developmentally disabled, who is 18 years of age
or older and receives services from a community program or facility.
(3) “Adult protective
services” means the necessary actions taken to prevent abuse or exploitation of
an adult, to prevent self-destructive acts and to safeguard an adult’s person,
property and funds. Any actions taken to protect an adult shall be undertaken
in a manner that is least intrusive to the adult and provides for the greatest
degree of independence.
(4) “Care provider”
means an individual or facility that has assumed responsibility for all or a
portion of the care of an adult as a result of a contract or agreement.
(5) “Community program”
means a community mental health and developmental disabilities program as
established in ORS 430.610 to 430.695.
(6) “Department” means
the Department of Human Services.
(7) “Facility” means a
residential treatment home or facility, residential care facility, adult foster
[care] home, residential training
home or facility or crisis respite facility.
(8) “Law enforcement
agency” means:
(a) Any city or
municipal police department;
(b) Any county sheriff’s
office;
(c) The
(d) Any district
attorney.
(9) “Public or private
official” means:
(a) Physician,
naturopathic physician, osteopathic physician, psychologist, chiropractor or
podiatric physician and surgeon, including any intern or resident;
(b) Licensed practical
nurse, registered nurse, nurse’s aide, home health aide or employee of an
in-home health service;
(c) Employee of the
Department of Human Services, county health department, community mental health
and developmental disabilities program or private agency contracting with a
public body to provide any community mental health service;
(d) Peace officer;
(e) Member of the
clergy;
(f) Licensed clinical
social worker;
(g) Physical, speech or
occupational therapist;
(h) Information and
referral, outreach or crisis worker;
(i) Attorney;
(j) Licensed
professional counselor or licensed marriage and family therapist; or
(k) Any public official
who comes in contact with adults in the performance of the official’s duties.
SECTION 3.
ORS 441.100 is amended to read:
441.100. (1) “Administrative
action” means any action or decision made by an owner, employee or agent of a
long term care facility or by a public agency that affects the services to
residents.
(2) “Committee” means
the Long Term Care Advisory Committee.
(3) “Designee” means an
individual appointed by the Long Term Care Ombudsman to serve as a
representative in order to carry out the purpose of ORS 441.100 to 441.153.
(4) “Long term care
facility” means any licensed skilled nursing facility intermediate care
facility, as defined in rules adopted under ORS 442.015, adult foster [care] homes with residents over 60 years
of age and residential care facility as defined in ORS 443.400.
SECTION 4.
ORS 443.205 is amended to read:
443.205. As used in ORS
443.215 and 443.225, “domiciliary care facilities” means facilities providing
residential care to adults, including adult foster [care] homes, group care facilities or residential treatment,
training or care facilities, established, contracted for or operated by the
Department of Human Services.
SECTION 5.
ORS 811.607 is amended to read:
811.607. The Department
of Transportation shall issue disabled person parking permits in the form of
program placards for use on vehicles that are regularly used as part of a
program for the transportation of disabled persons or by an adult foster [care] home. All the following apply to
placards issued under this section:
(1) The department shall
determine the form, size and content of the placards except that the department
shall require that a placard contain the name of the program holding the
placard and the department shall require that the expiration date of a placard
be visible when the placard is displayed in the vehicle.
(2) Placards issued
under this section shall be valid for a period of eight years from the date of
issue. Upon expiration, placards may be renewed in a manner determined by the
department by rule. The department shall authorize renewal by mail of placards
issued under this section.
(3) The department shall
determine by rule how programs for the transportation of disabled persons may
qualify vehicles for placards issued under this section.
SECTION 6. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor April 4, 2007
Filed in the office of Secretary of State April 5, 2007
Effective date April 4, 2007
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