Current through Register Vol. 63, No. 12, December 1, 2024
This rule becomes effective on July 1, 2016, and enforceable
according to OAR 309-040-0315(7).
(1) When the home-like qualities
described below create a threat to the health and safety of an individual or
others, a provider may seek to apply individually-based limitation through the
process described in this rule. A provider may not otherwise limit the
following home-like qualities without a valid individually-based limitation:
(a) The freedom and support to access food at
any time;
(b) Have visitors of the
individual's choosing at any time;
(c) Have a unit entrance door that is
lockable by the individual with only appropriate program staff having
access;
(d) Choose a roommate when
sharing a unit;
(e) Furnish and
decorate the individual's unit as agreed to in the Residency
Agreement;
(f) The freedom and
support to control the individual's schedule and activities; and
(g) Privacy in the individual's unit.
(2) Minimum Requirements
for Applying Individually-Based Limitation: A provider may only apply an
individually-based limitation if:
(a) The
quality threatens the health or safety of the individual or others;
(b) The individually-based limitation is
supported by a specific assessed need;
(d) The individual consents;
(e) The limitation is directly proportionate
to the specific assessed need; and
(f) The individually-based limitation will
not cause harm to the individual.
(3) The provider shall demonstrate and
document that the individually-based limitation meets the requirements of
section (2) of this rule and that the conditions described below exist in the
person-centered service plan. The provider shall submit and sign a
provider-created form that includes the following:
(a) The specific and individualized assessed
need justifying the individually-based limitation;
(b) The positive interventions and supports
used prior to consideration of any individually-based limitation;
(c) Documentation that the provider or other
entities have tried other less intrusive methods but did not work;
(d) A clear description of the limitation
that is directly proportionate to the specific assessed need;
(e) Regular collection and review of data to
measure the ongoing effectiveness of the individually-based limitation;
(f) Established time limits for
periodic reviews of the individually-based limitation to determine if the
limitation should be terminated or remains necessary;
(g) The informed consent of the individual,
including any discrepancy between the wishes of the individual and the consent
of the legal representative; and
(h) An assurance that the interventions and
support do not cause harm to the individual.
(4) The provider shall:
(a) Maintain a copy of the completed and
signed form documenting the consent to the individually-based limitation
described in section (3) of this rule. The form shall be signed by the
individual.
(b) Regularly collect
and review the ongoing effectiveness of and the continued need for the
individually-based limitation; and
(c) Request review of the individually-based
limitation by the person-centered service plan coordinator when a new
individually-based limitation is indicated, or change or removal of an
individually-based limitation is needed, but no less than annually.
(5) The qualities and obligations
described in sections (1)(b)-(g) do not apply to an individual receiving
crisis-respite services, and a provider is not required to seek an
individually-based limitation for such an individual to comply with these
rules.
Stat. Auth.: ORS
413.042
Stats. Implemented: ORS
443.705 -
443.825