Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 51 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF CARE › Section 411-051-0105 - Resident's Rights and Protections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) RESIDENT'S BILL
			 OF RIGHTS AND FREEDOMS. The licensee, AFH occupants, and employees of the home
			 must not violate these rights and must help the residents exercise them. The
			 Resident's Bill of Rights and Freedoms provided by the Department must be
			 explained and a copy given to each resident at the time of admission. The
			 Resident's Bill of Rights and Freedoms states each resident has the right to:
(a) Be treated as an adult with respect and
			 dignity.
(b) Be informed of all
			 resident rights and all house policies as written in the Residency
			 Agreement.
(c) Be encouraged and
			 assisted to exercise constitutional and legal rights, including the right to
			 vote.
(d) Be informed of his or her
			 medical condition and the right to consent to or refuse treatment.
(e) Receive appropriate care, services, and
			 prompt medical care as needed.
(f)
			 To be given informed consent before any nontherapeutic examination, observation
			 or treatment is provided.
(g) Be
			 free from abuse.
(h) Complete
			 privacy when receiving treatment or personal care.
(i) Associate and communicate privately with
			 any person of choice and send and receive personal mail unopened.
(j) Have access to, and participate in,
			 activities of social, religious, and community groups.
(k) Have medical and personal information
			 kept confidential.
(l) Keep and use
			 a reasonable amount of personal clothing and belongings, and to have a
			 reasonable amount of private, secure storage space.
(m) Be free from chemical and physical
			 restraints except as ordered by a physician or other qualified practitioner and
			 consented to by the resident or their legal guardian.
(A) Restraints are used only for medical
			 reasons, to maximize a resident's physical functioning, and after other
			 alternatives have been tried and may not be used for discipline or
			 convenience.
(B) When the right to
			 freedom from restraints must be limited due to a threat to the health and
			 safety of an individual or others, an individually-based limitation is required
			 according to (3) of this rule and OAR
			 411-004-0040.
(n) Manage his or her own financial affairs
			 unless legally restricted.
(o) Be
			 free from financial exploitation. The licensee may not charge or ask for
			 application fees or non-refundable deposits or solicit, accept, or receive
			 money or property from a resident other than the amount agreed to for
			 services.
(p) A written agreement
			 regarding services to be provided and the rates to be charged. The licensee
			 must give 30 days' written notice before any change in the rates or the
			 ownership of the home.
(q) Not be
			 transferred or moved out of the AFH without 30 calendar days' written notice
			 and an opportunity for a hearing. A licensee or administrator may transfer a
			 resident only for medical reasons, for the welfare of the resident or other
			 residents, or for nonpayment.
(r) A
			 safe and secure environment.
(s) Be
			 free of discrimination in regard to race, color, national origin, gender,
			 sexual orientation, or religion.
(t) Make suggestions or complaints without
			 fear of retaliation.
(u) Be free of
			 discrimination regarding the execution of an Advance Directive, Physician's
			 Order for Life-Sustaining Treatment (POLST), or Do Not Resuscitate (DNR)
			 orders.