justicedao/ipfs_state_laws huggingface dataset:
411-328-0660 General Health and Safety (1) The provider must employ means for protecting the health and safety of the individuals which: (a) Are not unduly restrictive; (b) May include risks but do not inordinately affect the health, safety, and welfare of the individuals; and (c) Are used by other people in the community. (2) Written safety supports must be developed as required by an ISP team and integrated into a Transition Plan or ISP. The plan must: (a) Be based on a review and identification of the safety needs and preferences of an individual; (b) Be updated annually or as significant changes occur; and (c) Identify how the individual evacuates his or her residence, specifying at a minimum the routes to be used and the level of assistance needed. (3) The provider must have and implement policies and procedures that provide for the safety of individuals and for responses to emergencies and disasters. (4) The need for emergency evacuation procedures and documentation thereof must be assessed and determined by an ISP team. (5) An operable smoke alarm must be available in each bedroom and in a central location on each floor. (6) An operable class 2A10BC fire extinguisher must be easily accessible in each residence. (7) First aid supplies must be available in each residence. (8) An operable flashlight must be available in each residence. (9) The provider must provide necessary adaptations to ensure fire safety for sensory and physically impaired individuals. (10) Bedrooms must meet minimum space requirements (single 60 square feet, double 120 square feet with beds located three feet apart). (11) Sleeping rooms must have at least one window that opens from the inside without special tools and provides a clear opening through which an individual is able to exit. (12) Emergency telephone numbers must be available at the residence of each individual and include: (a) The telephone numbers of the local fire, police department, and ambulance service, if not served by a 911 emergency service; and (b) The telephone number of the Executive Director or the designee of the Executive Director, emergency physician, and other people to be contacted in case of an emergency. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.630 & 430.670 History: APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0660 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0680 Staffing Requirements (1) The provider must provide responsible people or an agency that is on-call and available to individuals by telephone at all times. (2) The provider must provide staff appropriate to the number and needs of individuals receiving services as specified in their ISPs. (3) Each provider must meet all requirements for staff ratios as specified by contract requirements. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.630 & 430.670 History: APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0680, SPD 17-2009, f. & cert. ef. 12-9-09 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0690 Individual Summary Sheets The provider must maintain a current one to two page summary sheet for each individual receiving services from the provider. The record must include: (1) The name of the individual and his or her current address, home phone number, date of entry, date of birth, gender, marital status, social security number, social security beneficiary account number, religious preference, preferred hospital, and where applicable, the number of the Disability Services Office (DSO) or the Multi-Service Office (MSO) of the Department and guardianship status; and (2) The name, address, and telephone number of: (a) The legal or designated representative, family, and other significant person of the individual (as applicable); (b) The primary care provider and clinic preferred by the individual; (c) The dentist preferred by the individual; (d) The identified pharmacy preferred by the individual; (e) The day program or employer of the individual (if any); (f) The services coordinator of the individual; and (g) Other agencies and representatives providing services and supports to the individual. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.630 & 430.670 History: APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0690 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0710 Vehicles and Drivers (1) A provider that owns or operates a vehicle that transports individuals must: (a) Maintain the vehicle in safe operating condition; (b) Comply with the laws of the Department of Motor Vehicles; (c) Maintain insurance coverage on the vehicle and all authorized drivers; and (d) Carry a first aid kit in the vehicle. (2) A driver operating a vehicle to transport individuals must meet all applicable requirements of the Department of Motor Vehicles. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.630 & 430.670 History: APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0710 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0715 Financial Rights (1) Written individual financial supports must be developed as required by an ISP team and integrated into a Transition Plan or ISP. The plan must be based on a review and identification of the financial support needs and preferences of an individual and be updated annually or as significant changes occur. (2) The provider must have and implement written policies and procedures related to the oversight of the financial resources for individuals. (3) The provider must reimburse an individual for any funds that are missing due to the theft or mismanagement on the part of any staff of the provider, or of any funds within the custody of the provider that are missing. Reimbursement must be made to the individual within 10 business days from the verification that funds are missing. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.630 & 430.670 History: APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0715 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97
411-328-0720 Individual Rights, Complaints, Notification of Planned Action, and Hearings (1) INDIVIDUAL RIGHTS. (a) A provider must protect the rights of individuals described in OAR 411-318-0010 and encourage and assist individuals to understand and exercise these rights. (b) Upon entry and request and annually thereafter, the individual rights described in OAR 411-318-0010 must be provided to an individual and the legal or designated representative of the individual. (2) COMPLAINTS. (a) Complaints by or on behalf of individuals must be addressed in accordance with OAR 411-318-0015. (b) Upon entry and request and annually thereafter, the policy and procedures for complaints must be explained and provided to an individual and the legal or designated representative of the individual (as applicable). (3) NOTIFICATION OF PLANNED ACTION. In the event that a developmental disability service is denied, reduced, suspended, or terminated, a written advance Notification of Planned Action (form SDS 0947) must be provided as described in OAR 411-318-0020. (4) HEARINGS. (a) Hearings must be addressed in accordance with ORS chapter 183 and OAR 411-318-0025. (b) An individual or the legal or designated representative of the individual may request a hearing as provided in ORS chapter 183 and OAR 411-318-0025 for a denial, reduction, suspension, or termination of a developmental disability service or OAR 411-318-0030 for an involuntary reduction, transfer, or exit. (c) Upon entry and request and annually thereafter, a notice of hearing rights and the policy and procedures for hearings must be explained and provided to an individual and the legal or designated representative of the individual (as applicable). Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.662 & 430.670 History: APD 23-2016, f. & cert. ef. 6-29-16 APD 33-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 APD 24-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0720 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0750 Personalized Plans (1) The following information must be collected and summarized by the provider prior to any ISP meeting: (a) One page profile reflecting, at a minimum, information gathered by the site where the individual receives services; (b) Person-centered information reflecting, at a minimum, information gathered by the site where the individual receives services; and (c) Information about known, identified serious risks. (2) The following information must be developed by the provider and shared with the case manager and the individual, or if applicable the legal or designated representative of the individual, as directed by the ISP or Service Agreement. (a) Implementation strategies, such as action plans, for desired outcomes or goals. (b) Necessary protocols or plans that address health, behavioral, safety, and financial supports. (c) A summary of the provider risk management strategies in place, including title of document, date, and where it is kept. (d) A Nursing Service Plan, if applicable. (e) Other documents required by the ISP team. (3) The provider must maintain a copy of the ISP or Service Agreement provided the case management entity and signed by the provider. (4) The provider must participate in ISP team meetings as requested by the individual or the legal or designated representative of the individual (if applicable). (5) The provider must maintain documentation of implementation of each support and services specified in sections (2)(a) to (2)(e) of this rule in the ISP or Service Agreement for the individual. This documentation must be kept current and be available for review by the individual, the legal representative of the individual, the case management entity, and Department representatives. (6) INDIVIDUAL PROFILE. (a) The provider must develop a written profile within 90 days of entry. The profile is used to train new staff. The profile must include information related to the history or personal highlights, lifestyle and activity choices and preferences, social network and significant relationships, and other information that helps describe an individual. (b) The profile must be composed of written information generated by the provider. The profile may include: (A) Reports of assessments or consultations; (B) Historical or current materials developed by the case management entity or nursing facility; (C) Material and pictures from the family and friends of the individual; (D) Newspaper articles; and (E) Other relevant information. (c) The profile must be maintained at the service site and updated as significant changes occur. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.662 & 430.670 History: APD 23-2016, f. & cert. ef. 6-29-16 APD 33-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 APD 24-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0750 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-328-0780 Psychotropic Medications and Medications for Behavior (1) Psychotropic medications and medications for behavior must be prescribed by a physician through a written order. (2) The use of psychotropic medications and medications for behavior must be based on the decision of a physician that the harmful effects without the medication clearly outweigh the potentially harmful effects of the medication. Providers must present the physician with a full and clear written description of the behavior and symptoms to be addressed, as well as any side effects observed, to enable the physician to make this decision. (3) Psychotropic medications and medications for behavior must be: (a) Monitored by the prescribing physician, ISP team, and provider for desired responses and adverse consequences; and (b) Reviewed to determine the continued need and lowest effective dosage in a carefully monitored program. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.662 & 430.670 History: APD 23-2016, f. & cert. ef. 6-29-16 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 59-2013, f. 12-27-13, cert. ef. 12-28-13 Renumbered from 309-041-0780 by SPD 17-2009, f. & cert. ef. 12-9-09 MHD 3-1997, f. & cert. ef. 2-7-97 MHD 5-1992, f. 8-21-92, cert. ef. 8-24-92
411-340-0010 Statement of Purpose (1) The rules in OAR chapter 411, division 340 prescribe standards, responsibilities, and procedures for Support Service Brokerages. Support Service Brokerages assist adults with intellectual or developmental disabilities to identify and address support needs so that an adult with an intellectual or developmental disability may live in his or her own home or in the family home. (2) Support Service Brokerages certified under these rules are expected to identify, strengthen, expand, and where required, supplement private, public, formal, and informal support available to adults with intellectual or developmental disabilities so that an adult with an intellectual or developmental disability may exercise self-determination in the design and direction of his or her life. Statutory/Other Authority: ORS 409.050, 427.402 & 430.662 Statutes/Other Implemented: ORS 427.005, 427.007, 427.400–427.410, 430.610, 430.620 & 430.662–430.695 History: APD 15-2016, f. 6-28-16, cert. ef. 6-29-16 SPD 50-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 8-2009, f. & cert. ef. 7-1-09 SPD 8-2008, f. 6-27-08, cert. ef. 6-29-08 SPD 8-2005, f. & cert. ef. 6-23-05 SPD 22-2003, f. 12-22-03, cert. ef. 12-28-03, Renumbered from 309-041-1750 MHD 4-2003(Temp), f. & cert. ef. 7-1-03 thru 12-27-03 MHD 5-2002, f. 2-26-02, cert. ef. 2-27-02 MHD 9-2001(Temp), f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02
411-340-0020 Definitions and Acronyms Unless the context indicates otherwise, the following definitions and the definitions in OAR 411-317-0000 apply to the rules in OAR chapter 411, division 340: (1) "Brokerage" means an entity or distinct operating unit within an existing entity that uses the principles of self-determination to perform the functions associated with planning and implementation of brokerage and support services for individuals with intellectual or developmental disabilities. (2) "Brokerage Director" means the Director of a publicly or privately-operated Brokerage, who is responsible for administration and provision of services according to these rules, or the designee of the Brokerage Director. (3) "CDDP" means "Community Developmental Disabilities Program". (4) "Certificate" means the document issued by the Department to a Brokerage that certifies the Brokerage is eligible to receive state funds for the provision of services under these rules. (5) "Geographic Service Area" means the area within the state of Oregon where a case management entity is approved to provide developmental disabilities services. (6) "Policy Oversight Group" means the group that meets the requirements of OAR 411-340-0150 that is formed to provide individual-based leadership and advice to each Brokerage regarding issues, such as development of policy, evaluation of services, and use of resources. (7) "Support Services" mean the case management services provided by a personal agent employed by a Brokerage and the services authorized by the Brokerage. (8) "These Rules" mean the rules in OAR chapter 411, division 340. Statutory/Other Authority: ORS 409.050, 427.402 & 430.662 Statutes/Other Implemented: ORS 427.005, 427.007, 427.400–427.410, 430.610, 430.620 & 430.662–430.695 History: APD 15-2016, f. 6-28-16, cert. ef. 6-29-16 APD 32-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 44-2014, f. 12-26-14, cert. ef. 12-28-14 APD 26-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 50-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 32-2013(Temp), f. 7-22-13, cert. ef. 8-1-13 thru 12-28-13 SPD 31-2013, f. 7-22-13, cert. ef. 8-1-13 SPD 30-2013(Temp), f. & cert. ef. 7-2-13 thru 9-28-13 SPD 3-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-28-13 SPD 27-2011, f. & cert. ef. 12-28-11 SPD 5-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10 SPD 8-2009, f. & cert. ef. 7-1-09 SPD 8-2008, f. 6-27-08, cert. ef. 6-29-08 SPD 21-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-29-08 SPD 17-2006, f. 4-26-06, cert. ef. 5-1-06 SPD 8-2005, f. & cert. ef. 6-23-05 SPD 38-2004(Temp), f. 12-30-04, cert. ef. 1-1-05 thru 6-30-05 SPD 22-2003, f. 12-22-03, cert. ef. 12-28-03, Renumbered from 309-041-1760 MHD 4-2003(Temp), f. & cert. ef. 7-1-03 thru 12-27-03 MHD 5-2002, f. 2-26-02, cert. ef. 2-27-02 MHD 9-2001(Temp), f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02
411-340-0060 Complaints, Notification of Planned Action, and Hearings (1) COMPLAINTS. (a) Complaints must be addressed in accordance with OAR 411-318-0015. (b) The Brokerages must have and implement written policies and procedures for individual complaints in accordance with OAR 411-318-0015. (c) Upon entry and request and annually thereafter, the policy and procedures for complaints must be explained and provided to an individual and the legal or designated representative of the individual. (2) NOTIFICATION OF PLANNED ACTION. In the event that a developmental disabilities service is denied, reduced, suspended, or terminated, a written advance Notification of Planned Action (form SDS 0947) must be provided as described in OAR 411-318-0020. (3) HEARINGS. (a) Hearings must be addressed in accordance with ORS chapter 183 and OAR 411-318-0025. (b) An individual may request a hearing as provided in ORS chapter 183 and OAR 411-318-0025. (c) Upon entry and request and annually thereafter, a notice of hearing rights and the policy and procedures for hearings must be explained and provided to an individual and the legal or designated representative of the individual (as applicable). Statutory/Other Authority: ORS 409.050, 427.402 & 430.662 Statutes/Other Implemented: ORS 427.005, 427.007, 427.400–427.410, 430.610, 430.620 & 430.662–430.695 History: APD 15-2016, f. 6-28-16, cert. ef. 6-29-16 APD 44-2014, f. 12-26-14, cert. ef. 12-28-14 APD 26-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 50-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 10-2011(Temp), f. & cert. ef. 5-5-11 SPD 25-2010(Temp), f. & cert. ef. 11-17-10 thru 5-16-11 SPD 8-2009, f. & cert. ef. 7-1-09 SPD 8-2008, f. 6-27-08, cert. ef. 6-29-08 SPD 21-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-29-08 SPD 17-2006, f. 4-26-06, cert. ef. 5-1-06 SPD 8-2005, f. & cert. ef. 6-23-05 SPD 22-2003, f. 12-22-03, cert. ef. 12-28-03, Renumbered from 309-041-1800 MHD 4-2003(Temp), f. & cert. ef. 7-1-03 thru 12-27-03 MHD 5-2002, f. 2-26-02, cert. ef. 2-27-02 MHD 9-2001(Temp), f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02
411-340-0090 Request for Variance (1) A variance that does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws may be granted to a Brokerage: (a) If the Brokerage lacks the resources needed to implement the standards required in these rules; (b) If implementation of the proposed alternative services, methods, concepts, or procedures shall result in services or systems that meet or exceed the standards in these rules; or (c) If there are other extenuating circumstances. (2) The Brokerage requesting a variance must submit a written application to the Department that contains the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) A description of the alternative practice, service, method, concept, or procedure proposed, including how the health and safety of individuals receiving services shall be protected to the extent required by these rules; (d) A plan and timetable for compliance with the section of the rule from which the variance is sought; and (e) If the variance applies to the services to an individual, evidence that the variance is consistent with the currently authorized ISP for the individual. (3) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the Brokerage and to all relevant Department programs or offices within 45 days from the receipt of the variance request. (4) The Brokerage may request an administrator review of the denial of a variance request by sending a written request for review to the Director of the Department. The decision of the Director is the final response from the Department. (5) The Department determines the duration of the variance. (6) The Brokerage may implement a variance only after written approval from the Department. Statutory/Other Authority: ORS 409.050, 427.402 & 430.662 Statutes/Other Implemented: ORS 427.005, 427.007, 427.400–427.410, 430.610, 430.620 & 430.662–430.695 History: APD 15-2016, f. 6-28-16, cert. ef. 6-29-16 APD 44-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 50-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 8-2009, f. & cert. ef. 7-1-09 SPD 8-2008, f. 6-27-08, cert. ef. 6-29-08 SPD 8-2005, f. & cert. ef. 6-23-05 Renumbered from 309-041-1830, SPD 22-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 5-2002, f. 2-26-02 cert. ef. 2-27-02 MHD 9-2001(Temp), f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02
411-340-0100 Eligibility for Brokerage and Support Services (1) NON-DISCRIMINATION. An individual may not be denied brokerage and support services or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age, disability, source of income, duration of Oregon residence, or other protected classes under federal and Oregon Civil Rights laws. (2) ELIGIBILITY. To be eligible for brokerage and support services, an individual must meet the following requirements: (a) Be an adult. (b) Be an Oregon resident who meets the residency requirements in OAR 461-120-0010. (c) Be determined eligible for developmental disabilities services by the CDDP of the county of origin as described in OAR 411-320-0080. (d) Reside in their own or family home. Statutory/Other Authority: ORS 409.050, 427.104, 427.115, 427.154 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.005-427.163, 430.610, 430.620, 430.662 & 430.664 History: APD 53-2022, amend filed 12/14/2022, effective 12/15/2022 APD 34-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022 APD 15-2016, f. 6-28-16, cert. ef. 6-29-16 APD 44-2014, f. 12-26-14, cert. ef. 12-28-14 APD 26-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 50-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 13-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13 SPD 27-2011, f. & cert. ef. 12-28-11 SPD 21-2011(Temp), f. & cert. ef. 8-31-11 thru 12-28-11 SPD 18-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11 SPD 8-2009, f. & cert. ef. 7-1-09 SPD 8-2008, f. 6-27-08, cert. ef. 6-29-08 Renumbered from 309-041-1840, SPD 22-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 5-2002, f. 2-26-02 cert. ef. 2-27-02 MHD 9-2001(Temp), f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02