Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS
Section 309-035-0195 - Individually-Based Limitations
Current through Register Vol. 63, No. 12, December 1, 2024
This rule becomes effective on July 1, 2016, and enforceable as described in OAR 309-035-0115(17).
(1) When the program qualities described below create a threat to the health and safety of an individual or others, a provider may seek to apply an individually-based limitation through the process described in this rule. The program qualities subject to a potential individually-based limitation include the individual's right to:
(2) A provider may apply an individually-based limitation only if:
(3) The provider shall demonstrate and document that the individually-based limitation meets the requirements of section (2) of this rule and the measures described below in the person-centered service plan. The provider shall submit and sign a program-created form that includes the following:
(4) The provider shall:
(5) The qualities described in section (1)(b)-(e) also apply to individual receiving services at a SRTF but may be limited or modified. A provider must seek an individually-based limitation to comply with these rules.
(6) The qualities described in sections (2)(d) and (g) do not apply to an individual receiving crisis-respite services, and a provider does not need to seek an individually-based limitation to comply with these rules.
(7) The qualities described in section (1)of this rule also apply to an individual receiving services under a court, OHA, CMHP, or PSRB order under ORS chapters 161 or 426, but may be modified or restricted by a supervisory entity. A provider must seek an individually-based limitation for rights modified or restricted by the supervisory entity, which may be implemented without the authorization of the individual.
Statutory/Other Authority: ORS 413.042 & 443.450
Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991