309-045-0490 Temporary rule language in effect until 04/06/2026. Individual Rights (1) The licensee, administrator, or administrator's designee must ensure that the Agency with Choice recognizes and protects the rights of each individual. (2) The Agency with Choice must provide each individual with a written notice of the individual's rights as a part of the disclosure statement, prior to providing services to the individual. The individual’s rights notice must include: (a) The right to be treated with dignity and respect; (b) The right to be free from theft, damage, or misuse of one's personal property; (c) The right to be given the informed choice and opportunity to select or refuse service and to accept responsibility for the consequences; (d) The right to be free from neglect of care, verbal, mental, emotional, physical, or sexual abuse; (e) The right to be free from financial exploitation; (f) The right to be free from physical and chemical restraints; (g) The right to be free from coercion and seclusion; (h) The right to privacy; (i) The right to voice grievances or complaints regarding services or any other issue without discrimination or reprisal for exercising such rights; (j) The right to be free from discrimination as to race, ethnicity, color, national origin, gender identification, sexual orientation, gender identify, disability, religion or any other protected status under state or federal law; (k) The right and responsibility to participate to the greatest extent possible in planning of the services to be furnished, the frequency of services, any changes in services, the direct support workers schedule, and cessation of services; (l) The right to select or otherwise approve the direct support workers who provide services to the individual before the direct support workers begin providing the services; (m) The right to train direct support workers in the individual’s specific service needs and in the provision of services to the individual; (n) The right to direct the individual’s own services that are provided by direct support worker s; (o) The right to require an Agency with Choice to remove a direct support worker from the individual’s services and supports team; (p) The right to schedule a direct support worker’s time in accordance with the individual’s desires, needs and authorized hours; (q) The right to have access to their own records; (r) The right to have individual information and records confidentially maintained by the Agency with Choice; (s) The right to a written 30-day notice of termination of services by the Agency with Choice that specifies the reason(s) for the termination. The Agency with Choice must provide information, resources or other assistance to the individual or the individual’s authorized representative on transferring services to ensure the health and safety of the individual while they transition to another service option; (t) Procedures for filing a grievance or complaint with the Agency with Choice; (u) Procedures for filing a grievance or complaint with the Division, along with the telephone number and contact information of the Division; and (v) The right to receive prior written notice at least 30-day before a change in the business entity operating the Agency with Choice. (3) The Agency with Choice must give a copy of the signed notice of individual rights to the individual and the individual’s authorized representative, if applicable, and must retain the original signed individual rights document in the individual’s records. Statutory/Other Authority: ORS 413.042, Oregon Law 2024, Chapter 37 & HB 4129 (2024) Statutes/Other Implemented: Oregon Law 2024, Chapter 37 History: BHS 23-2025, temporary adopt filed 10/09/2025, effective 10/09/2025 through 04/06/2026