71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2294
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Office of the Governor)
CHAPTER ................
AN ACT
Relating to Department of Human Services; creating new
provisions; amending ORS 18.400, 25.080, 25.381, 30.297,
30.298, 87.512, 101.140, 108.610, 109.425, 113.085, 113.105,
114.305, 114.525, 115.125, 116.093, 124.090, 125.060, 137.658,
162.135, 166.412, 179.010, 179.040, 179.050, 179.055, 179.065,
179.105, 179.110, 179.140, 179.240, 179.321, 179.360, 179.380,
179.385, 179.390, 179.460, 179.478, 179.479, 179.490, 179.505,
179.509, 197.660, 197.667, 222.850, 238.300, 243.140, 276.180,
279.855, 285A.458, 310.630, 327.023, 339.137, 343.035, 343.243,
343.499, 343.507, 344.511, 344.530, 344.620, 344.685, 344.690,
344.735, 346.015, 409.010, 409.070, 409.080, 409.093, 409.096,
409.110, 409.130, 409.150, 409.160, 409.185, 409.225, 409.230,
409.270, 409.310, 409.410, 409.710, 410.040, 410.060, 410.070,
410.080, 410.100, 410.210, 410.270, 410.300, 410.320, 410.420,
410.430, 410.720, 411.062, 411.070, 411.095, 411.113, 411.125,
411.145, 411.320, 411.590, 411.595, 411.620, 411.632, 411.660,
411.790, 411.802, 411.803, 411.890, 411.972, 411.975, 411.977,
412.005, 412.580, 412.600, 413.165, 414.022, 414.095, 414.105,
414.106, 414.151, 414.305, 414.400, 416.510, 416.520, 416.540,
416.560, 416.600, 416.990, 417.210, 417.340, 417.342, 417.346,
417.348, 417.747, 417.787, 417.845, 418.005, 418.050, 418.070,
418.130, 418.163, 418.205, 418.295, 418.480, 418.625, 418.747,
419A.004, 419B.352, 419C.507, 426.005, 426.508, 427.005,
427.007, 427.010, 427.104, 427.330, 428.210, 430.010, 430.021,
430.065, 430.165, 430.190, 430.257, 430.306, 430.315, 430.405,
430.450, 430.610, 430.705, 430.743, 430.955, 431.045, 431.110,
431.140, 431.155, 431.170, 431.195, 431.210, 431.250, 431.416,
431.705, 431.830, 431.990, 432.005, 433.001, 433.235, 433.260,
433.267, 435.205, 438.010, 441.020, 441.022, 441.025, 441.030,
441.037, 441.050, 441.055, 441.057, 441.060, 441.062, 441.085,
441.109, 441.277, 441.624, 441.678, 441.685, 441.690, 441.705,
441.990, 442.015, 442.807, 443.205, 443.340, 443.400, 443.415,
443.445, 443.455, 443.705, 443.715, 443.735, 443.767, 443.775,
443.830, 443.886, 446.125, 446.310, 448.005, 448.115, 448.273,
448.405, 448.409, 448.450, 453.001, 453.605, 456.541, 458.525,
458.532, 471.333, 475.302, 476.030, 497.162, 616.020, 619.095,
624.010, 624.165, 624.310, 655.605, 657.880, 657.885, 657A.420,
685.055, 691.405, 743.412 and 743.556 and sections 13 and 14,
chapter 653, Oregon Laws 1991, section 2, chapter 579, Oregon
Laws 1997, and section 9, chapter 849, Oregon Laws 1999;
repealing ORS 343.975, 344.520, 344.525, 344.527, 344.573,
344.575, 344.577, 409.190, 410.130, 411.040, 411.064, 411.090,
Enrolled House Bill 2294 (HB 2294-B) Page 1
411.260, 411.270, 411.280, 411.350, 411.405, 411.415, 411.765,
411.775, 411.785, 411.950, 411.955, 411.960, 412.550, 413.170,
413.180, 416.010, 416.020, 416.030, 416.035, 416.040, 416.050,
416.055, 416.061, 416.070, 416.080, 416.090, 416.100, 416.110,
416.120, 416.130, 416.145, 416.170, 416.180, 416.190, 416.200,
416.210, 416.220, 416.240, 416.250, 416.260, 416.270, 416.280,
418.003, 426.360, 426.405, 426.407, 427.009, 430.041, 430.110,
430.260, 430.642, 430.910, 430.950, 431.065, 432.560, 441.097
and 441.623 and section 144, chapter 104, Oregon Laws 2001
(Enrolled House Bill 2609); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The following named divisions, offices,
programs and organizational units of the Department of Human
Services are abolished:
(a) The Adult and Family Services Division;
(b) The State Office for Services to Children and Families;
(c) The Mental Health and Developmental Disability Services
Division;
(d) The Vocational Rehabilitation Division;
(e) The Health Division;
(f) The Senior and Disabled Services Division;
(g) The Alcohol and Drug Abuse Programs;
(h) The Office of Medical Assistance Programs; and
(i) The Office of the Director.
(2) The positions of assistant directors of the divisions,
offices, programs and organizational units listed in subsection
(1) of this section are abolished. On the effective date of this
2001 Act, the tenure of the assistant directors shall cease.
(3) All of the duties, functions and powers of the Adult and
Family Services Division, the State Office for Services to
Children and Families, the Mental Health and Developmental
Disability Services Division, the Vocational Rehabilitation
Division, the Health Division, the Senior and Disabled Services
Division, the Alcohol and Drug Abuse Programs, the Office of
Medical Assistance Programs and the Office of the Director are
transferred to the Department of Human Services.
(4) Notwithstanding the abolishment of the divisions, offices,
programs and organizational units of the Department of Human
Services by subsection (1) of this section and the transfer of
duties, functions and powers by subsection (3) of this section,
the lawfully adopted rules of the Adult and Family Services
Division, the State Office for Services to Children and Families,
the Mental Health and Developmental Disability Services Division,
the Vocational Rehabilitation Division, the Health Division, the
Senior and Disabled Services Division and the office of Alcohol
and Drug Abuse Programs in effect on the effective date of this
2001 Act continue in effect until lawfully superseded or replaced
by the rules of the Department of Human Services. + }
SECTION 2. { + The transfer of duties, functions and powers to
the Department of Human Services under this 2001 Act does not
affect any action, suit, proceeding or prosecution involving or
with respect to such duties, functions and powers begun before
and pending at the time of the transfer, except that the
Department of Human Services shall be substituted for any
division, office, program or organizational unit listed in
section 1 (1)(a) to (i) of this 2001 Act in such action, suit,
proceeding or prosecution. + }
Enrolled House Bill 2294 (HB 2294-B) Page 2
SECTION 3. { + (1) Nothing in this 2001 Act relieves a person
of an obligation with respect to a tax, fee, fine or other
charge, interest, penalty, forfeiture or other liability, duty or
obligation accruing under or with respect to the duties,
functions and powers transferred by this 2001 Act. The Department
of Human Services may undertake the collection or enforcement of
any such tax, fee, fine, charge, interest, penalty, forfeiture or
other liability, duty or obligation.
(2) The rights and obligations of a division, office, program
or organizational unit listed in section 1 (1)(a) to (i) of this
2001 Act legally incurred under contracts, leases and business
transactions, executed, entered into or begun before the
effective date of this 2001 Act, are transferred to the
Department of Human Services. For the purpose of succession to
these rights and obligations, the Department of Human Services is
considered to be a continuation of any division, office, program
or organizational unit listed in section 1 (1)(a) to (i) of this
2001 Act and not a new authority, and the Department of Human
Services shall exercise such rights and fulfill such obligations
as if they had not been transferred. + }
SECTION 4. { + (1) For the purpose of harmonizing and
clarifying statute sections published in Oregon Revised Statutes,
the Legislative Counsel may substitute for words designating the
divisions, offices, programs and organizational units of the
Department of Human Services listed in subsection (2) of this
section, wherever they occur in Oregon Revised Statutes, other
words designating the Department of Human Services, and for words
designating the directors, assistant directors and administrators
listed in subsection (3) of this section, wherever they occur in
Oregon Revised Statutes or in sections 5 and 8 to 260 of this
2001 Act, other words designating the Director of Human Services.
(2) Pursuant to subsection (1) of this section, words
designating the Department of Human Services may be substituted
for words designating the:
(a) Adult and Family Services Division or the Adult and Family
Services Division of the Department of Human Services.
(b) State Office for Services to Children and Families or the
State Office for Services to Children and Families of the
Department of Human Services.
(c) Mental Health and Developmental Disability Services
Division or the Mental Health and Developmental Disability
Services Division of the Department of Human Services.
(d) Vocational Rehabilitation Division or the Vocational
Rehabilitation Division of the Department of Human Services.
(e) Health Division or the Health Division of the Department of
Human Services.
(f) Senior and Disabled Services Division or the Senior and
Disabled Services Division of the Department of Human Services.
(g) Alcohol and Drug Abuse Programs, office of Alcohol and Drug
Abuse Programs or Alcohol and Drug Abuse Programs of the
Department of Human Services.
(h) Office of Medical Assistance Programs or the Office of
Medical Assistance Programs of the Department of Human Services.
(i) Office of the Director or the Office of the Director of
Human Services.
(3) Pursuant to subsection (1) of this section, words
designating the Director of Human Services may be substituted for
words designating the director, assistant director or
administrator of the following divisions, offices, programs or
organizational units:
Enrolled House Bill 2294 (HB 2294-B) Page 3
(a) Adult and Family Services Division.
(b) State Office for Services to Children and Families.
(c) Mental Health and Developmental Disability Services
Division.
(d) Vocational Rehabilitation Division.
(e) Health Division.
(f) Senior and Disabled Services Division.
(g) Alcohol and Drug Abuse Programs.
(h) Office of Medical Assistance Programs.
(4) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Health Division
Account, wherever they occur in Oregon Revised Statutes, other
words designating the Public Health Account, and for words
designating the Vocational Rehabilitation Division Revolving
Fund, wherever they occur in Oregon Revised Statutes, other words
designating the Vocational Rehabilitation Revolving Fund.
(5) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Diagnosis and
Evaluation Service or the Diagnosis and Evaluation Service of the
Mental Health and Developmental Disability Services Division,
wherever they occur in Oregon Revised Statutes, other words
designating the Developmental Disability Diagnosis and Evaluation
Service, and for words designating the Adult and Family Services
Division Review Commission, wherever they occur in Oregon Revised
Statutes, other words designating the Family Services Review
Commission. + }
SECTION 4a. { + (1) The Department of Human Services shall
report at each of the meetings of the Emergency Board during the
interim of the Seventy-first Legislative Assembly on the status
of the reorganization of the department. The reports shall
include, but need not be limited to, the following information
regarding the reorganization:
(a) Progress on the implementation;
(b) The staffing implications;
(c) The savings realized;
(d) The transition to a new accounting and budgeting system,
including information on the tracking of historical data;
(e) The impact on information systems and which systems are
being modified; and
(f) How the department is using the $6 million in estimated
savings and the specific projects being funded with the
reinvestment of the savings.
(2) For the 2001-2003 biennium, before transferring funds
between legislatively established appropriations, expenditure
limitations or budgets of organizational units within the
department, the department must obtain approval from the
Legislative Assembly or, if the Legislative Assembly is not in
session, from the Emergency Board. + }
SECTION 5. ORS 409.010 is amended to read:
409.010. (1) The Department of Human Services is created.
{ - (2) The department shall provide programs for the
delivery to the public of services relating to public assistance,
children and families, health and health-related affairs, mental
health and developmental disabilities, vocational rehabilitation,
elderly persons, disabled persons, including persons with
traumatic brain injuries, alcohol and drug abuse and such other
services as may be assigned to the department. Family support
services provided by the department shall be delivered in
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accordance with the principles described in ORS 417.342 and
417.344. - }
{ - (3) The department shall provide the programs and
services enumerated in subsection (2) of this section through the
divisions and other organizational units, including but not
limited to the following: - }
{ - (a) The Adult and Family Services Division; - }
{ - (b) The State Office for Services to Children and
Families; - }
{ - (c) The Mental Health and Developmental Disability
Services Division; - }
{ - (d) The Vocational Rehabilitation Division; - }
{ - (e) The Health Division; - }
{ - (f) The Senior and Disabled Services Division; and - }
{ - (g) Alcohol and Drug Abuse Programs. - }
{ + (2) The department is responsible for the delivery and
administration of programs and services relating to:
(a) Children and families, including but not limited to child
protective services, foster care, residential care for children
and adoption services;
(b) Elderly persons and disabled persons, including but not
limited to social, health and protective services and promotion
of hiring of otherwise qualified persons who are certifiably
disabled;
(c) Persons who, as a result of the person's or the person's
family's economic, social or health condition, require financial
assistance, institutional care, rehabilitation or other social
and health services;
(d) Health and health-related affairs, including but not
limited to medical assistance and services, public health
services, migrant health services, licensing of health facilities
and coordination of the activities of professional and
occupational licensing boards;
(e) Mental health and developmental disabilities;
(f) Vocational rehabilitation for individuals with
disabilities;
(g) Alcohol abuse, drug abuse, addiction and chemical
dependency problems;
(h) Licensing and regulation of individuals, facilities and
programs providing health and human services, in accordance with
the provisions of state and federal law; and
(i) Any other health and human service programs and functions
delegated to the department by or in accordance with the
provisions of state and federal law. + }
{ - (4) - } { + (3) + } The department shall be the
recipient of all federal funds paid or to be paid to the state to
enable the state to provide the programs and services assigned to
the department.
{ + (4)(a) All personnel of the department, including those
engaged in the administration of vocational rehabilitation
programs, public assistance programs and services to families or
children in compliance with the federal social security laws,
shall be subject to the merit system prescribed in the State
Personnel Relations Law. For purposes of the State Personnel
Relations Law, the department is the appointing authority of all
employees in the department.
(b) The Director of Human Services, in conformity with the
State Personnel Relations Law, may appoint and employ such
personnel as may be necessary for the department, and may appoint
Enrolled House Bill 2294 (HB 2294-B) Page 5
and fix the compensation of all assistants and employees of the
department.
(c) The director may authorize reimbursement of such expenses
as are approved by the department and incurred by assistants and
employees of the department, and by volunteers or other persons
not employed by the department, in carrying out duties assigned
or authorized by the department.
(5) The director may designate employees to be custodians of
records within any of the organizational units of the department,
and persons so designated shall have the duties and powers of
custodians of public records as prescribed by law. Such
designation shall be in writing and notice thereof shall be filed
in the office of the Secretary of State, with the director and in
the organizational unit to which the authorization applies. + }
SECTION 6. { + In accordance with ORS 417.342 and 417.344, the
Department of Human Services shall provide family support
services throughout the department. Notwithstanding ORS 430.640,
the department may contract directly with community organizations
for the provision of family support services. + }
SECTION 7. The Department of Human Services shall maintain in
each of its local offices copies of its rules and regulations
that the department is required to file with the Secretary of
State. Copies of the rules and regulations shall be available
for public use and inspection during regular business hours and
shall be compiled and indexed in a manner that will facilitate
their use.
SECTION 8. ORS 25.381 is amended to read:
25.381. Whenever support rights are not and have not at any
time during the past five months been assigned to the Department
of Human Services { - or one of its divisions, - } or to a
public assistance agency of another state, and no arrearages
under a support order are so assigned, the district attorney or,
as appropriate, the Division of Child Support of the Department
of Justice, shall provide, upon request of an obligor or obligee,
services sufficient to permit establishment of income withholding
under ORS 25.378, including such services as are necessary to
establish a support payment record under ORS 25.164 and 25.167.
These services shall be provided to the obligee without the
necessity of an application for support enforcement services
under Title IV-D of the Social Security Act (42 U.S.C. 651, et
seq.).
SECTION 9. Section 2, chapter 579, Oregon Laws 1997, is amended
to read:
{ + Sec. 2. + } (1) The following facilities and training
homes are public bodies for the purposes of ORS 30.260 to 30.300:
(a) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives more
than 50 percent of its funding from the state or a political
subdivision of the state for the purpose of providing residential
or vocational services to mentally retarded or developmentally
disabled individuals.
(b) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives less
than 50 percent of its funding from the state or a political
subdivision of the state but that provides residential or
vocational services to mentally retarded or developmentally
Enrolled House Bill 2294 (HB 2294-B) Page 6
disabled individuals, more than half of whom are eligible for
funding for services by the
{ - office of Developmental Disabilities Services of the Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } under criteria established
by the { - office - } { + department + }.
(2) The provisions of this section apply only to a nonprofit
residential training facility, nonprofit residential training
home or nonprofit facility that provides services to mentally
retarded or developmentally disabled individuals under a contract
with:
(a) The { - Mental Health and Developmental Disability
Services Division - } { + Department of Human
Services + }; { + or + }
(b) A community mental health and developmental disabilities
program established pursuant to ORS 430.620 { - ; - } { -
or - }
{ - (c) The Vocational Rehabilitation Division - } .
SECTION 10. ORS 30.297 is amended to read:
30.297. (1) Notwithstanding ORS 125.235, the { - State Office
for Services to Children and Families - } { + Department of
Human Services + } is liable for damages resulting from the
intentional torts of a foster child who is:
(a) Residing in a foster home that has been certified by the
{ - office - } { + department + } under the provisions of ORS
418.625 to 418.645, even though the child may be temporarily
absent from that home; or
(b) Residing in an approved home that is receiving payment from
the { - office - } { + department + } under the provisions of
ORS 418.027 or under the provisions of ORS 420.810 and 420.815,
even though the child may be temporarily absent from that home.
(2) Notwithstanding ORS 125.235, the { - Mental Health and
Developmental Disability Services Division - }
{ + department + } is liable for damages resulting from the
intentional torts of a foster child who is residing in a
developmental disability child foster home that has been
certified by the { - division - } { + department + } under
the provisions of ORS 443.830 and 443.835, even though the foster
child may be temporarily absent from that home.
(3) Except as otherwise provided in this section, the liability
of the { - office and the division - } { + department + }
under this section shall be subject to the same requirements and
limitations provided in ORS 30.260 to 30.300, and a claim under
this section shall be treated as a claim for damages within the
scope of ORS 30.260 to 30.300 for the purposes of ORS 278.120.
(4) Notwithstanding subsections (1) and (2) of this section:
(a) The { - office and the division - } { + department + }
shall not be liable for any damages arising out of the operation
of a motor vehicle by a foster child; and
(b) The { - office and the division - } { + department + }
shall only be liable for theft by a foster child upon a showing
by clear and convincing evidence that the foster child committed
the theft.
(5) For the purposes of this section:
(a) { - ' Division' means the Mental Health and
Developmental Disability Services Division - } { + '
Department' means the Department of Human Services + }.
(b) 'Foster child' means:
(A) A minor child under the custody or guardianship of the
Enrolled House Bill 2294 (HB 2294-B) Page 7
{ - office - } { + department + } by reason of appointment
pursuant to ORS chapter 125, 419A, 419B or 419C;
(B) A minor child under the physical custody of the
{ - office - } { + department + } pursuant to a voluntary
agreement with the parent under ORS 418.015 (1);
(C) A minor child placed in a certified foster home, pending
hearing, by any person authorized by the { - office - }
{ + department + } to make that placement;
(D) A person under 21 years of age who has been placed in an
approved home that is receiving payment from the { - office - }
{ + department + } under the provisions of ORS 418.027 or under
the provisions of ORS 420.810 and 420.815; or
(E) A child residing in a developmental disability child foster
home certified under ORS 443.830 and 443.835.
{ - (c) 'Office' means the State Office for Services to
Children and Families. - }
SECTION 11. ORS 30.298 is amended to read:
30.298. (1) Except as otherwise provided in this section, the
{ - State Office for Services to Children and Families - }
{ + Department + } { + of Human Services + } is liable, without
regard to fault, for injury to the person of foster parents or
damage to the property of foster parents caused by a foster child
if:
(a) The foster child resides in a foster home that is
maintained by the foster parents and that has been certified by
the { - office - } { + department + } under the provisions of
ORS 418.625 to 418.645; or
(b) The foster child is residing in an approved home that is
maintained by the foster parents and that is receiving payment
from the { - office - } { + department + } under the
provisions of ORS 418.027 or under the provisions of ORS 420.810
and 420.815.
(2) Except as otherwise provided in this section, the
{ - Mental Health and Developmental Disability Services
Division - } { + department + } is liable, without regard to
fault, for injury to the person of foster parents or damage to
the property of foster parents caused by a foster child if the
foster child is residing in a developmental disability child
foster home that has been certified by the { - division - }
{ + department + } under the provisions of ORS 443.830 and
443.835.
(3) Except as otherwise provided in this section, the liability
of the { - office and division - } { + department + } under
this section shall be subject to the same requirements and
limitations provided in ORS 30.260 to 30.300, and a claim under
this section shall be treated as a claim for damages within the
scope of ORS 30.260 to 30.300 for the purposes of ORS 278.120.
(4) Notwithstanding ORS 30.260 to 30.300:
(a) In no event shall the liability of the { - office and
division - } { + department + } under this section exceed
$5,000 for any number of claims arising out of a single
occurrence;
(b) The liability of the { - office and division - }
{ + department + } under this section is limited to economic
damages, and in no event shall the { - office and division - }
{ + department + } be liable for noneconomic damages;
(c) The { - office and division are - } { + department is
+ }liable under this section only to the extent the loss is not
covered by other insurance; and
Enrolled House Bill 2294 (HB 2294-B) Page 8
(d) No claim shall be allowed under this section unless written
notice of the claim is delivered to the Oregon Department of
Administrative Services within 90 days after the alleged loss or
injury.
(5) The { - office and division shall - } { + department
is + } not { - be - } liable under this section for:
(a) Damage to or destruction of currency, securities or any
other intangible property;
(b) The unexplained disappearance of any property; or
(c) Loss or damage that is due to wear and tear, inherent vice
or gradual deterioration.
(6) In no event shall the liability of the { - office and
division - } { + department + } under this section for damage
to property exceed the difference between the fair market value
of the property immediately before its damage or destruction and
its fair market value immediately thereafter. The { - office
and division - } { + department + } shall not be liable for the
costs of any betterments to the property that may be required by
code, statute or other law as a condition of repair, replacement
or reconstruction.
(7) The liability imposed under this section is in addition to
that imposed for the intentional torts of a foster child under
ORS 30.297, but any amounts paid under this section shall reduce
any recovery that may be made under ORS 30.297.
(8) For the purposes of this section:
(a) { - ' Division' means the Mental Health and
Developmental Disability Services Division - } { + '
Department' means the Department of Human Services + }.
(b) 'Economic damages' and 'noneconomic damages' have those
meanings given in ORS 18.560.
(c) 'Foster child' has that meaning given in ORS 30.297.
{ - (d) 'Office' means the State Office for Services to
Children and Families. - }
SECTION 12. ORS 87.512 is amended to read:
87.512. The notice of lien required under ORS 87.507 shall be a
written statement verified by the oath of an officer of the long
term care facility that asserts a claim for the lien and that
contains:
(1) A true statement of demand, including an itemized statement
of services provided and setting forth the amount due and owing
to the long term care facility as of the date of the notice,
after deducting all credits and offsets;
(2) The name of the individual who received care;
(3) The name, address and telephone number of the long term
care facility;
(4) A statement that the amount claimed is a true and bona fide
existing debt as of the date of filing the notice of lien;
(5) A statement that the lien may cover contracted services
provided by the long term care facility subsequent to the
services itemized under subsection (1) of this section and that
interested persons may obtain information on the current amount
due under the lien by contacting the long term care facility;
(6) A statement that the long term care facility has given the
individual or an authorized representative a written summary of
the requirements and procedures for establishing eligibility for
Medicaid, including the right to an assessment that determines
the extent of spouses' nonexempt resources at the time of
institutionalization and attributes to the community spouse an
equitable share of the resources that can not be considered
available for payment of costs for the medical care of the
Enrolled House Bill 2294 (HB 2294-B) Page 9
institutionalized spouse in the process of spending down to
Medicaid eligibility levels. The written statement shall be given
no fewer than 30 days and no more than 60 days before the notice
of lien is filed. The long term care facility may meet the
requirement of this subsection by providing { - the - }
written materials relating to Medicaid eligibility { + for long
term care services for disabled persons and elderly persons
+ }used by { - the Senior and Disabled Services Division
of - } the Department of Human Services; and
(7) A description of the real property to be charged with the
lien that complies with ORS 93.600.
SECTION 13. ORS 101.140 is amended to read:
101.140. (1) The Continuing Care Retirement Community Advisory
Council is created and shall consist of nine members appointed by
the { - Assistant Director for Senior and Disabled Services - }
{ + Director of Human Services or a designee + } and shall
represent the geographic location of providers in this state. A
member must be a resident of this state. Three members must
represent providers that are registered pursuant to ORS 101.030
and must have been actively engaged in the offering of residency
agreements in this state for five years before appointment. The
remaining members shall include:
(a) A representative of the business community with expertise
in the area of management;
(b) A certified public accountant;
(c) An attorney; and
(d) Three Oregon residents of continuing care retirement
communities or other consumer representatives.
(2) The term of office for a member shall be three years or
until a successor has been appointed and qualified.
(3) The members of the advisory council shall serve without
pay. They shall be reimbursed by the { - Senior and Disabled
Services Division - } { + Department of Human Services + } for
their actual and necessary traveling expenses incurred while on
official business.
(4) The council shall:
(a) Elect a chairperson from among their number and elect or
appoint a secretary, both of whom shall hold office for one year
and thereafter until a successor is qualified and elected;
(b) Hold an annual meeting and hold other meetings at times and
places the { - division - } { + department + } or the
chairperson of the council may direct;
(c) Keep a record of its proceedings. The record is prima facie
evidence of all matters reported and shall be open to inspection
at all times;
(d) Act in an advisory capacity to the { - division - } { +
department + }; and
(e) Make recommendations to the { - division - }
{ + department + } on all proposed rules pertaining to this
chapter.
SECTION 14. ORS 109.425 is amended to read:
109.425. As used in this section and ORS 109.435 to 109.507:
(1) 'Adoptee' means a person who has been adopted in the State
of Oregon.
(2) 'Adoption' means the judicial act of creating the
relationship of parent and child where it did not exist
previously.
(3) 'Adoptive parent' means an adult who has become a parent of
a child through adoption.
(4) 'Adult' means a person 18 years of age or older.
Enrolled House Bill 2294 (HB 2294-B) Page 10
(5) 'Agency' means any public or private organization licensed
or authorized under the laws of this state to place children for
adoption.
(6) 'Birth parent' is:
(a) The man or woman who is legally presumed under the laws of
this state to be the father or mother of genetic origin of a
child; and
(b) A putative father of the child if the birth mother alleges
he is the father and the putative father, by written affidavit or
surrender and release executed within three years of the
relinquishment of the child by the birth mother or the
termination of parental rights of the birth mother, acknowledges
being the child's biological father.
{ + (7) 'Department' means the Department of Human
Services. + }
{ - (7)(a) - } { + (8)(a) + } 'Genetic and social history'
is a comprehensive report, when obtainable, of the health status
and medical history of the birth parents and other persons
related to the child.
(b) The genetic and social history may contain as much of the
following as is available:
(A) Medical history;
(B) Health status;
(C) Cause of and age at death;
(D) Height, weight, eye and hair color;
(E) Ethnic origins; and
(F) Religion, if any.
(c) The genetic and social history may include the health
status and medical history of:
(A) The birth parents;
(B) A putative father, if any;
(C) Siblings to the birth parents, if any;
(D) Siblings to a putative father, if any;
(E) Other children of either birth parent, if any;
(F) Other children of a putative father, if any;
(G) Parents of the birth parents; and
(H) Parents of a putative father, if any.
{ - (8) - } { + (9) + } 'Health history' is a comprehensive
report, when obtainable, of the child's health status and medical
history at the time of placement for adoption, including
neonatal, psychological, physiological and medical care history.
{ - (9) 'Office' means the State Office for Services to
Children and Families. - }
(10) 'Putative father' is a man who, under the laws of this
state, is not legally presumed to be the father of genetic origin
of a child, but who claims or is alleged to be the father of
genetic origin of the child.
(11) 'Registry' is a voluntary adoption registry as established
under ORS 109.450.
(12) 'Successor agency' is an agency which has the adoption
records of another agency because of the merger of the agency and
the successor agency or because a former agency has ceased doing
business and has given its adoption records to the successor
agency as provided in ORS 109.435 (2).
SECTION 15. ORS 113.085 is amended to read:
113.085. (1) Except as provided in subsection (2) of this
section, upon the filing of the petition, if there is no will or
there is a will and it has been proved, the court shall appoint a
qualified person it finds suitable as personal representative,
giving preference in the following order:
Enrolled House Bill 2294 (HB 2294-B) Page 11
(a) To the executor named in the will.
(b) To the surviving spouse of the decedent or the nominee of
the surviving spouse of the decedent.
(c) To the nearest of kin of the decedent or the nominee of the
nearest of kin of the decedent.
(d) To the { - Assistant Director for Adult and Family
Services or the designated representative of the assistant
director - } { + Director of Human Services or a designee + },
if it appears the decedent received public assistance pursuant to
ORS chapter 411, 412, 413 or 414 and that such assistance is a
claim against the estate.
(e) To the Director of Veterans' Affairs, if the decedent was a
protected person under ORS 406.050 (4), and the director has
joined in the petition for such appointment.
(f) To any other person.
(2) If it appears that the decedent died wholly intestate and
without heirs, the court shall appoint the Director of the
Division of State Lands as personal representative. The Attorney
General shall represent the director in the administration of the
estate. Any funds received by the director in the capacity of
personal representative may be deposited in accounts, separate
and distinct from the General Fund, established with the State
Treasurer. Interest earned by such account shall be credited to
that account.
SECTION 16. ORS 113.105 is amended to read:
113.105. (1) Unless a testator provides in a will that no bond
shall be required of the executor of the estate, or unless the
personal representative is the sole heir or devisee or is the
Director of the Division of State Lands, or is the
{ - Assistant Director for Adult and Family Services or a
designated representative - } { + Director of Human Services or
a designee + }, or is the Director of Veterans' Affairs, the
personal representative shall not act nor shall letters be issued
to the personal representative until the personal representative
files with the clerk of the court a bond. The bond shall be
executed by a surety company authorized to transact surety
business in this state, or by one or more sufficient personal
sureties approved by the court. A personal surety must be a
resident of this state. The court may, in its discretion, require
a bond notwithstanding any provision in a will that no bond is
required. The bond shall be for the security and benefit of all
interested persons and shall be conditioned upon the personal
representative faithfully performing the duties of the trust.
(2) The amount of the bond set by the court shall be adequate
to protect interested persons, but in no event shall it be less
than $1,000. In setting the amount of the bond the court shall
consider:
(a) The nature, liquidity and apparent value of the assets of
the estate.
(b) The anticipated income during administration.
(c) The probable indebtedness and taxes.
(3) Nothing in this section affects the provisions of ORS
709.240, relating to a trust company acting as personal
representative.
(4) Notwithstanding any other provisions of this section, a
court may, in its discretion, waive the requirement of a bond if
all devisees and heirs known to the court agree in writing that
the requirement be waived and the signed agreement is filed with
the court at the time of filing of the petition for the
appointment of a personal representative.
Enrolled House Bill 2294 (HB 2294-B) Page 12
SECTION 17. ORS 114.305 is amended to read:
114.305. Subject to the provisions of ORS 97.130 (2) and except
as restricted or otherwise provided by the will of the decedent,
a document of anatomical gift under ORS 97.952 or by court order,
a personal representative, acting reasonably for the benefit of
interested persons, is authorized to:
(1) Direct and authorize disposition of the remains of the
decedent pursuant to ORS 97.130 and incur expenses for the
funeral, burial or other disposition of the remains in a manner
suitable to the condition in life of the decedent. Only those
funeral expenses necessary for a plain and decent funeral and
disposition of the remains of the decedent may be paid from the
estate if the assets are insufficient to pay the claims of the
{ - Adult and Family Services Division and the Mental Health
and Developmental Disability Services Division - }
{ + Department of Human Services for the net amount of public
assistance, as defined in ORS 411.010, paid to or for the
decedent and for care and maintenance of any decedent who was at
a state institution to the extent provided in ORS 179.610 to
179.770 + }.
(2) Retain assets owned by the decedent pending distribution or
liquidation.
(3) Receive assets from fiduciaries or other sources.
(4) Complete, compromise or refuse performance of contracts of
the decedent that continue as obligations of the estate, as the
personal representative may determine under the circumstances. In
performing enforceable contracts by the decedent to convey or
lease real property, the personal representative, among other
courses of action, may:
(a) Execute and deliver a deed upon satisfaction of any sum
remaining unpaid or upon receipt of the note of the purchaser
adequately secured; or
(b) Deliver a deed in escrow with directions that the proceeds,
when paid in accordance with the escrow agreement, be paid to the
successors of the decedent, as designated in the escrow
agreement.
(5) Satisfy written pledges of the decedent for contributions,
whether or not the pledges constituted binding obligations of the
decedent or were properly presented as claims.
(6) Deposit funds not needed to meet currently payable debts
and expenses, and not immediately distributable, in bank or
savings and loan association accounts, or invest the funds in
bank or savings and loan association certificates of deposit, or
federally regulated money-market funds and short-term investment
funds suitable for investment by trustees under ORS 128.194 to
128.218, or short-term United States Government obligations.
(7) Abandon burdensome property when it is valueless, or is so
encumbered or is in a condition that it is of no benefit to the
estate.
(8) Vote stocks or other securities in person or by general or
limited proxy.
(9) Pay calls, assessments and other sums chargeable or
accruing against or on account of securities.
(10) Sell or exercise stock subscription or conversion rights.
(11) Consent, directly or through a committee or other agent,
to the reorganization, consolidation, merger, dissolution or
liquidation of a corporation or other business enterprise.
(12) Hold a security in the name of a nominee or in other form
without disclosure of the interest of the estate, but the
Enrolled House Bill 2294 (HB 2294-B) Page 13
personal representative is liable for any act of the nominee in
connection with the security so held.
(13) Insure the assets of the estate against damage and loss,
and insure the personal representative against liability to third
persons.
(14) Advance or borrow money with or without security.
(15) Compromise, extend, renew or otherwise modify an
obligation owing to the estate. A personal representative who
holds a mortgage, pledge, lien or other security interest may
accept a conveyance or transfer of the encumbered asset in lieu
of foreclosure in full or partial satisfaction of the
indebtedness.
(16) Accept other real property in part payment of the purchase
price of real property sold by the personal representative.
(17) Pay taxes, assessments and expenses incident to the
administration of the estate.
(18) Employ qualified persons, including attorneys, accountants
and investment advisers, to advise and assist the personal
representative and to perform acts of administration, whether or
not discretionary, on behalf of the personal representative.
(19) Prosecute or defend actions, claims or proceedings in any
jurisdiction for the protection of the estate and of the personal
representative in the performance of duties as personal
representative.
(20) Prosecute claims of the decedent including those for
personal injury or wrongful death.
(21) Continue any business or venture in which the decedent was
engaged at the time of death to preserve the value of the
business or venture.
(22) Incorporate or otherwise change the business form of any
business or venture in which the decedent was engaged at the time
of death.
(23) Discontinue and wind up any business or venture in which
the decedent was engaged at the time of death.
(24) Provide for exoneration of the personal representative
from personal liability in any contract entered into on behalf of
the estate.
(25) Satisfy and settle claims and distribute the estate as
provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117.
(26) Perform all other acts required or permitted by law or by
the will of the decedent.
SECTION 18. ORS 114.525 is amended to read:
114.525. An affidavit filed under ORS 114.515 shall:
(1) State the name, age, domicile, post-office address and
social security number of the decedent;
(2) State the date and place of the decedent's death. A
certified copy of the death certificate shall be attached to the
affidavit;
(3) Describe and state the fair market value of all property in
the estate, including a legal description of any real property;
(4) State that no application or petition for the appointment
of a personal representative has been granted in Oregon;
(5) State whether the decedent died testate or intestate, and
if the decedent died testate, the will shall be attached to the
affidavit;
(6) List the heirs of the decedent and the last address of each
heir as known to the affiant, and state that a copy of the
affidavit showing the date of filing and a copy of the will, if
the decedent died testate, will be delivered to each heir or
mailed to the heir at the last-known address;
Enrolled House Bill 2294 (HB 2294-B) Page 14
(7) If the decedent died testate, list the devisees of the
decedent and the last address of each devisee as known to the
affiant and state that a copy of the will and a copy of the
affidavit showing the date of filing will be delivered to each
devisee or mailed to the devisee at the last-known address;
(8) State the interest in the property described in the
affidavit to which each heir or devisee is entitled;
(9) State that reasonable efforts have been made to ascertain
creditors of the estate. List the expenses of and claims against
the estate remaining unpaid or on account of which the affiant or
any other person is entitled to reimbursement from the estate,
including the known or estimated amounts thereof and the names
and addresses of the creditors as known to the affiant, and state
that a copy of the affidavit showing the date of filing will be
delivered to each creditor who has not been paid in full or
mailed to the creditor at the last-known address;
(10) Separately list the name and address of each person known
to the affiant to assert a claim against the estate which the
affiant disputes and the known or estimated amount thereof and
state that a copy of the affidavit showing the date of filing
will be delivered to each such person or mailed to the person at
the last-known address;
(11) State that a copy of the affidavit showing the date of
filing will be mailed or delivered to the { - Adult and Family
Services Division, Estate Administration Section - }
{ + Department of Human Services + }, Salem, Oregon;
(12) State that claims against the estate not listed in the
affidavit or in amounts larger than those listed in the affidavit
may be barred unless:
(a) A claim is presented to the affiant within four months of
the filing of the affidavit at the address stated in the
affidavit for presentment of claims; or
(b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555; and
(13) If the affidavit lists one or more claims which the
affiant disputes, state that any such claim may be barred unless:
(a) A petition for summary determination is filed within four
months of the filing of the affidavit; or
(b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555.
SECTION 18a. { + If House Bill 2243 becomes law, section 18 of
this 2001 Act (amending ORS 114.525) is repealed and ORS 114.525,
as amended by section 2, chapter 620, Oregon Laws 2001 (Enrolled
House Bill 2243), is amended to read: + }
114.525. An affidavit filed under ORS 114.515 shall:
(1) State the name, age, domicile, post-office address and
social security number of the decedent;
(2) State the date and place of the decedent's death. A
certified copy of the death certificate shall be attached to the
affidavit;
(3) Describe and state the fair market value of all property in
the estate, including a legal description of any real property;
(4) State that no application or petition for the appointment
of a personal representative has been granted in Oregon;
(5) State whether the decedent died testate or intestate, and
if the decedent died testate, the will shall be attached to the
affidavit;
(6) List the heirs of the decedent and the last address of each
heir as known to the affiant, and state that a copy of the
affidavit showing the date of filing and a copy of the will, if
Enrolled House Bill 2294 (HB 2294-B) Page 15
the decedent died testate, will be delivered to each heir or
mailed to the heir at the last-known address;
(7) If the decedent died testate, list the devisees of the
decedent and the last address of each devisee as known to the
affiant and state that a copy of the will and a copy of the
affidavit showing the date of filing will be delivered to each
devisee or mailed to the devisee at the last-known address;
(8) State the interest in the property described in the
affidavit to which each heir or devisee is entitled;
(9) State that reasonable efforts have been made to ascertain
creditors of the estate. List the expenses of and claims against
the estate remaining unpaid or on account of which the affiant or
any other person is entitled to reimbursement from the estate,
including the known or estimated amounts thereof and the names
and addresses of the creditors as known to the affiant, and state
that a copy of the affidavit showing the date of filing will be
delivered to each creditor who has not been paid in full or
mailed to the creditor at the last-known address;
(10) Separately list the name and address of each person known
to the affiant to assert a claim against the estate which the
affiant disputes and the known or estimated amount thereof and
state that a copy of the affidavit showing the date of filing
will be delivered to each such person or mailed to the person at
the last-known address;
(11) State that a copy of the affidavit showing the date of
filing will be mailed or delivered to the { - Estate
Administration Unit within the - } Department of Human Services;
(12) State that claims against the estate not listed in the
affidavit or in amounts larger than those listed in the affidavit
may be barred unless:
(a) A claim is presented to the affiant within four months of
the filing of the affidavit at the address stated in the
affidavit for presentment of claims; or
(b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555; and
(13) If the affidavit lists one or more claims which the
affiant disputes, state that any such claim may be barred unless:
(a) A petition for summary determination is filed within four
months of the filing of the affidavit; or
(b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555.
SECTION 19. ORS 115.125 is amended to read:
115.125. (1) If the applicable assets of the estate are
insufficient to pay all expenses and claims in full, the personal
representative shall make payment in the following order:
(a) Support of spouse and children, subject to the limitations
imposed by ORS 114.065.
(b) Expenses of administration.
(c) Expenses of a plain and decent funeral and disposition of
the remains of the decedent.
(d) Debts and taxes with preference under federal law.
(e) Reasonable and necessary medical and hospital expenses of
the last illness of the decedent, including compensation of
persons attending the decedent.
(f) Taxes with preference under the laws of this state that are
due and payable while possession of the estate of the decedent is
retained by the personal representative.
(g) Debts owed employees of the decedent for labor performed
within 90 days immediately preceding the date of death of the
decedent.
Enrolled House Bill 2294 (HB 2294-B) Page 16
(h) The { - claim - } { + claims + } of the { - Adult and
Family Services Division - } { + Department of Human
Services + } for the net amount of public assistance, as defined
in ORS 411.010, paid to or for the decedent, and { - the claim
of the Mental Health and Developmental Disability Services
Division - } for care and maintenance of any decedent who was at
a state institution to the extent provided in ORS 179.610 to
179.770.
(i) All other claims against the estate.
(2) If the applicable assets of the estate are insufficient to
pay in full all expenses or claims of any one class specified in
subsection (1) of this section, each expense or claim of that
class shall be paid only in proportion to the amount thereof.
SECTION 19a. { + If Senate Bill 183 becomes law, section 19 of
this 2001 Act (amending ORS 115.125) is repealed and ORS 115.125,
as amended by section 13, chapter 487, Oregon Laws 2001 (Enrolled
Senate Bill 183), is amended to read: + }
115.125. (1) If the applicable assets of the estate are
insufficient to pay all expenses and claims in full, the personal
representative shall make payment in the following order:
(a) Support of spouse and children, subject to the limitations
imposed by ORS 114.065.
(b) Expenses of administration.
(c) Expenses of a plain and decent funeral and disposition of
the remains of the decedent.
(d) Debts and taxes with preference under federal law.
(e) Reasonable and necessary medical and hospital expenses of
the last illness of the decedent, including compensation of
persons attending the decedent.
(f) Taxes with preference under the laws of this state that are
due and payable while possession of the estate of the decedent is
retained by the personal representative.
(g) Debts owed employees of the decedent for labor performed
within 90 days immediately preceding the date of death of the
decedent.
(h) The claim of the { - Adult and Family Services
Division - } { + Department of Human Services + } for the net
amount of public assistance, as defined in ORS 411.010, paid to
or for the decedent, and the claim of the { - Mental Health and
Developmental Disability Services Division or the - } Department
of Corrections for care and maintenance of any decedent who was
at a state institution to the extent provided in ORS 179.610 to
179.770.
(i) All other claims against the estate.
(2) If the applicable assets of the estate are insufficient to
pay in full all expenses or claims of any one class specified in
subsection (1) of this section, each expense or claim of that
class shall be paid only in proportion to the amount thereof.
SECTION 20. ORS 116.093 is amended to read:
116.093. (1) Upon filing the final account and petition for
decree of distribution, the personal representative shall fix a
time for filing objections thereto in a notice thereof. Not less
than 20 days before the time fixed in the notice, the personal
representative shall cause a copy of the notice to be mailed to:
(a) Each heir at the last-known address of the heir, if the
decedent died intestate.
(b) Each devisee at the last-known address of the devisee, if
the decedent died testate.
(c) Each creditor who has not received payment in full and
whose claim has not otherwise been barred.
Enrolled House Bill 2294 (HB 2294-B) Page 17
(d) Any other person known to the personal representative to
have or to claim an interest in the estate being distributed.
(2) The notice need not be mailed to the personal
representative.
(3) Proof of the mailing to those persons entitled to notice
shall be made by affidavit and filed in the estate proceeding at
or before approval of the final account.
(4) If the { - Adult and Family Services Division or its
authorized agent - } { + Department of Human Services + } has
presented a claim under ORS chapters 411 to 415 and ORS
{ + 179.620 (3), + } { - 416.010 to 416.270, - } 416.310 to
416.340 and 416.510 to 416.990 or 417.010 to 417.080, { - or
the Mental Health and Developmental Disability Services Division
or its authorized agent has presented a claim under ORS 179.620
(3), - } and the claim has not been settled or paid in full, the
personal representative shall { - cause to be mailed - } { +
mail + } to the { - division or - } department a copy of the
final account at the same time, and shall make proof of the
mailing in the same manner, as the notice provided for in this
section.
SECTION 20a. { + If Senate Bill 183 becomes law, section 20 of
this 2001 Act (amending ORS 116.093) is repealed and ORS 116.093,
as amended by section 14, chapter 487, Oregon Laws 2001 (Enrolled
Senate Bill 183), is amended to read: + }
116.093. (1) Upon filing the final account and petition for
decree of distribution, the personal representative shall fix a
time for filing objections thereto in a notice thereof. Not less
than 20 days before the time fixed in the notice, the personal
representative shall cause a copy of the notice to be mailed to:
(a) Each heir at the last-known address of the heir, if the
decedent died intestate.
(b) Each devisee at the last-known address of the devisee, if
the decedent died testate.
(c) Each creditor who has not received payment in full and
whose claim has not otherwise been barred.
(d) Any other person known to the personal representative to
have or to claim an interest in the estate being distributed.
(2) The notice need not be mailed to the personal
representative.
(3) Proof of the mailing to those persons entitled to notice
shall be made by affidavit and filed in the estate proceeding at
or before approval of the final account.
(4) If the { - Adult and Family Services Division or its
authorized agent - } { + Department of Human Services + } has
presented a claim under ORS chapters 411 to 415 and ORS
{ - 416.010 to 416.270, - } 416.310 to 416.340 and 416.510 to
416.990 or 417.010 to 417.080, or the { - Mental Health and
Developmental Disability Services Division or the - } Department
of Corrections or the authorized agent of the { - division or
the - } Department { + of Corrections + } has presented a claim
under ORS 179.620 (3), and the claim has not been settled or paid
in full, the personal representative shall { - cause to be
mailed - } { + mail + } to the { - division or - } { +
appropriate + } department a copy of the final account at the
same time, and shall make proof of the mailing in the same
manner, as the notice provided for in this section.
SECTION 21. ORS 124.090 is amended to read:
124.090. Notwithstanding the provisions of ORS 192.410 to
192.505, the names of the public or private official who made the
complaint, witnesses and the elderly persons compiled under the
Enrolled House Bill 2294 (HB 2294-B) Page 18
provisions of ORS 124.050 to 124.095 are confidential and are not
accessible for public inspection. However, the { - Senior and
Disabled Services Division - } { + Department of Human
Services + } shall make the information and any investigative
report available to any law enforcement agency, to any public
agency { - which - } { + that + } licenses or certifies
residential facilities or licenses or certifies the persons
practicing therein, to any public agency providing protective
services for the elderly person { - , to the Mental Health and
Developmental Disability Services Division - } and to the Long
Term Care Ombudsman, if appropriate. The { - division - }
{ + department + } shall also make the information and any
investigative report available to any private nonprofit agency
providing protective services for the elderly person. When this
information and any investigative report is made available to the
private agency, ORS 124.050 to 124.095 relating to
confidentiality apply to the private agency.
SECTION 22. ORS 125.060 is amended to read:
125.060. (1) The notices required by this section must be given
to all persons whose identities and addresses can be ascertained
in the exercise of reasonable diligence by the person required to
give the notice.
(2) Notice of the filing of a petition for the appointment of a
fiduciary or entry of other protective order must be given by the
petitioner to the following persons:
(a) The respondent, if the respondent has attained 14 years of
age.
(b) The spouse, parents and adult children of the respondent.
(c) If the respondent does not have a spouse, parent or adult
child, the person or persons most closely related to the
respondent.
(d) Any person who is cohabiting with the respondent and who is
interested in the affairs or welfare of the respondent.
(e) Any person who has been nominated as fiduciary or appointed
to act as fiduciary for the respondent by a court of any state,
any trustee for a trust established by or for the respondent, any
person appointed as a health care representative under the
provisions of ORS 127.505 to 127.660 and any person acting as
attorney-in-fact for the respondent under a power of attorney.
(f) If the respondent is a minor, the person who has exercised
principal responsibility for the care and custody of the
respondent during the 60-day period before the filing of the
petition.
(g) If the respondent is a minor and has no living parents, any
person nominated to act as fiduciary for the minor in a will or
other written instrument prepared by a parent of the minor.
(h) If the respondent is receiving moneys paid or payable by
the United States through the Department of Veterans Affairs, a
representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(i) If the respondent is receiving moneys paid or payable
{ + for public assistance provided under ORS chapter 411, 412,
413 or 414 + } by the State of Oregon through { - the Adult and
Family Services Division of - } the Department of Human
Services, a representative of the { - Adult and Family Services
Division - } { + department + }.
(j) If the respondent is committed to the legal and physical
custody of the Department of Corrections, the Attorney General
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and the superintendent or other officer in charge of the facility
in which the respondent is confined.
(k) Any other person that the court requires.
(3) Notice of a motion for the termination of the protective
proceedings, for removal of a fiduciary, for modification of the
powers or authority of a fiduciary, for approval of a fiduciary's
actions or for protective orders in addition to those sought in
the petition must be given by the person making the motion to the
following persons:
(a) The protected person, if the protected person has attained
14 years of age.
(b) Any person who has filed a request for notice in the
proceedings.
(c) Except for a fiduciary who is making a motion, to any
fiduciary who has been appointed for the protected person.
(d) If the protected person is receiving moneys paid or payable
by the United States through the Department of Veterans Affairs,
a representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(e) If the respondent is committed to the legal and physical
custody of the Department of Corrections, the Attorney General
and the superintendent or other officer in charge of the facility
in which the respondent is confined.
(f) Any other person that the court requires.
(4) A request for notice under subsection (3)(b) of this
section must be in writing and include the name, address and
phone number of the person requesting notice. A copy of the
request must be mailed by the person making the request to the
petitioner or to the fiduciary if a fiduciary has been appointed.
The original request must be filed with the court. The person
filing the request must pay the fee specified by ORS 21.310 (5).
(5) A person who files a request for notice in the proceedings
in the manner provided by subsection (4) of this section is
entitled to receive notice from the fiduciary of any motion
specified in subsection (3) of this section and of any other
matter to which a person listed in subsection (2) of this section
is entitled to receive notice under a specific provision of this
chapter.
(6) If the { - State Office for Services to Children and
Families - } { + Department of Human Services + } is nominated
as guardian for the purpose of consenting to the adoption of a
minor, the notice provided for in this section must also be given
to the minor's brothers, sisters, aunts, uncles and grandparents.
(7) In addition to the requirements of subsection (2) of this
section, notice of the filing of a petition for the appointment
of a guardian for a person who is alleged to be incapacitated
must be given by the petitioner to the following persons:
(a) Any attorney who is representing the respondent in any
capacity.
(b) If the respondent is a resident of a nursing home or
residential facility, or if the person nominated to act as
fiduciary intends to place the respondent in a nursing home or
residential facility, the office of the Long Term Care Ombudsman.
(c) If the respondent is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the person nominated to act as
fiduciary intends to place the respondent in such a facility, the
system designated to protect and advocate the rights of
Enrolled House Bill 2294 (HB 2294-B) Page 20
individuals with developmental disabilities as described in ORS
192.517 (1).
(8) In addition to the requirements of subsection (3) of this
section, in a protective proceeding in which a guardian has been
appointed, notice of the motions specified in subsection (3) of
this section must be given by the person making the motion to the
following persons:
(a) Any attorney who represented the protected person at any
time during the protective proceeding.
(b) If the protected person is a resident of a nursing home or
residential facility, or if the motion seeks authority to place
the protected person in a nursing home or residential facility,
the office of the Long Term Care Ombudsman.
(c) If the protected person is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the motion seeks authority to
place the protected person in such a facility, the system
designated to protect and advocate the rights of individuals with
developmental disabilities as described in ORS 192.517 (1).
(9) A respondent or protected person may not waive the notice
required under this section.
(10) The requirement that notice be served on an attorney for a
respondent or protected person under subsection (7)(a) or (8)(a)
of this section does not impose any responsibility on the
attorney receiving the notice to represent the respondent or
protected person in the protective proceeding.
SECTION 23. ORS 137.658 is amended to read:
137.658. (1) The chairperson of the Oregon Criminal Justice
Commission may create any committees within the commission as the
chairperson may think necessary. Persons who are not commission
members may be appointed as members to serve on the committees
with the approval of the commission.
(2) The chairperson shall appoint members of committees created
under this section in such a manner as to ensure representation
from all segments of the criminal justice system that are
affected by the work of the committee. In selecting members for
committee assignments, the chairperson shall consider, but is not
limited to, representatives from the following:
(a) The Attorney General;
(b) The Director of the Department of Corrections;
(c) The chairperson of the State Board of Parole and
Post-Prison Supervision;
(d) The Superintendent of State Police;
(e) The chief administrative employee of the Psychiatric
Security Review Board;
(f) { - The administrator of the Mental Health and
Developmental Disability Services Division - } { + The Director
of Human Services + };
(g) The Director of the Oregon Youth Authority;
(h) Trial judges;
(i) Judges of the Oregon Supreme Court or Court of Appeals;
(j) Majority and minority parties of the House of
Representatives and the Senate;
(k) District attorneys;
(L) Criminal defense attorneys;
(m) County sheriffs;
(n) County commissioners;
(o) County community corrections directors;
(p) Chiefs of police;
(q) Victims of crime;
Enrolled House Bill 2294 (HB 2294-B) Page 21
(r) The public at large;
(s) The director of a nonprofit entity created for the purpose
of increasing understanding of the adult and juvenile justice
systems and promotion of effective policies for prevention and
control of crime; and
(t) Private contract providers.
SECTION 24. ORS 162.135 is amended to read:
162.135. As used in ORS 162.135 to 162.205, unless the context
requires otherwise:
(1)(a) 'Contraband' means:
(A) Controlled substances as defined in ORS 475.005;
(B) Drug paraphernalia as defined in ORS 475.525;
(C) Except as otherwise provided in paragraph (b) of this
subsection, currency possessed by or in the control of an inmate
confined in a correctional facility; or
(D) Any article or thing which a person confined in a
correctional facility, youth correction facility or state
hospital is prohibited by statute, rule or order from obtaining
or possessing, and whose use would endanger the safety or
security of such institution or any person therein.
(b) 'Contraband' does not include authorized currency possessed
by an inmate in a work release facility.
(2) 'Correctional facility' means any place used for the
confinement of persons charged with or convicted of a crime or
otherwise confined under a court order and includes but is not
limited to a youth correction facility. 'Correctional facility '
applies to a state hospital only as to persons detained therein
charged with or convicted of a crime, or detained therein after
acquittal of a crime by reason of mental disease or defect under
ORS 161.290 to 161.370.
(3) 'Currency' means paper money and coins that are within the
correctional institution.
(4) 'Custody' means the imposition of actual or constructive
restraint by a peace officer pursuant to an arrest or court
order, but does not include detention in a correctional facility,
youth correction facility or a state hospital.
(5) 'Escape' means the unlawful departure of a person from
custody or a correctional facility. 'Escape' includes the
unauthorized departure or absence from this state or failure to
return to this state by a person who is under the jurisdiction of
the Psychiatric Security Review Board. 'Escape' does not include
failure to comply with provisions of a conditional release in ORS
135.245.
(6) 'Youth correction facility' means the MacLaren School,
Hillcrest School of Oregon and any other school established by
law for similar purposes, and includes the other camps and
programs maintained under ORS chapter 420 and detention
facilities as defined in ORS 419A.004.
(7) 'State hospital' means the Oregon State Hospital, { - F.
H. Dammasch State Hospital, - } Eastern Oregon Psychiatric
Center, Eastern Oregon Training Center { - , Fairview Training
Center - } and any other hospital established by law for similar
purposes.
(8) 'Unauthorized departure' means the unauthorized departure
of a person confined by court order in a youth correction
facility or a state hospital that, because of the nature of the
court order, is not a correctional facility as defined in this
section, or the failure to return to custody after any form of
temporary release or transitional leave from a correctional
facility.
Enrolled House Bill 2294 (HB 2294-B) Page 22
SECTION 25. ORS 166.412 is amended to read:
166.412. (1) As used in this section:
(a) 'Antique firearm' has the meaning given that term in 18
U.S.C. 921;
(b) 'Department' means the Department of State Police;
(c) 'Firearm' has the meaning given that term in ORS 166.210,
except that it does not include an antique firearm;
(d) 'Firearms transaction record' means the firearms
transaction record required by 18 U.S.C. 921 to 929;
(e) 'Firearms transaction thumbprint form' means a form
provided by the department under subsection (12) of this section;
(f) 'Gun dealer' means a person engaged in the business, as
defined in 18 U.S.C. 921, of selling, leasing or otherwise
transferring a firearm, whether the person is a retail dealer,
pawnbroker or otherwise;
(g) 'Handgun' has the meaning given that term in ORS 166.210;
and
(h) 'Purchaser' means a person who buys, leases or otherwise
receives a firearm from a gun dealer.
(2) Except as provided in subsections (3)(c) and (13) of this
section, a gun dealer shall comply with the following before a
handgun is delivered to a purchaser:
(a) The purchaser shall present to the dealer current
identification meeting the requirements of subsection (4) of this
section.
(b) The gun dealer shall complete the firearms transaction
record and obtain the signature of the purchaser on the record.
(c) The gun dealer shall obtain the thumbprints of the
purchaser on the firearms transaction thumbprint form and attach
the form to the gun dealer's copy of the firearms transaction
record to be filed with that copy.
(d) The gun dealer shall request by telephone that the
department conduct a criminal history record check on the
purchaser and shall provide the following information to the
department:
(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer's number of the
handgun being transferred;
(F) The name and date of birth of the purchaser;
(G) The social security number of the purchaser if the
purchaser voluntarily provides this number to the gun dealer; and
(H) The type, issuer and identification number of the
identification presented by the purchaser.
(e) The gun dealer shall receive a unique approval number for
the transfer from the department and record the approval number
on the firearms transaction record and on the firearms
transaction thumbprint form.
(f) The gun dealer may destroy the firearms transaction
thumbprint form five years after the completion of the firearms
transaction thumbprint form.
(3)(a) Upon receipt of a request of the gun dealer for a
criminal history record check, the department shall immediately,
during the gun dealer's telephone call or by return call:
(A) Determine, from criminal records and other information
available to it, whether the purchaser is disqualified under ORS
166.470 from completing the purchase; and
Enrolled House Bill 2294 (HB 2294-B) Page 23
(B) Notify the dealer when a purchaser is disqualified from
completing the transfer or provide the dealer with a unique
approval number indicating that the purchaser is qualified to
complete the transfer.
(b) If the department is unable to determine if the purchaser
is qualified or disqualified from completing the transfer within
30 minutes, the department shall notify the dealer and provide
the dealer with an estimate of the time when the department will
provide the requested information.
(c) If the department fails to provide a unique approval number
to a gun dealer or to notify the gun dealer that the purchaser is
disqualified under paragraph (a) of this subsection before the
close of the gun dealer's next business day following the request
by the dealer for a criminal history record check, the dealer may
deliver the handgun to the purchaser.
(4)(a) Identification required of the purchaser under
subsection (2) of this section shall include one piece of current
identification bearing a photograph and the date of birth of the
purchaser that:
(A) Is issued under the authority of the United States
Government, a state, a political subdivision of a state, a
foreign government, a political subdivision of a foreign
government, an international governmental organization or an
international quasi- governmental organization; and
(B) Is intended to be used for identification of an individual
or is commonly accepted for the purpose of identification of an
individual.
(b) If the identification presented by the purchaser under
paragraph (a) of this subsection does not include the current
address of the purchaser, the purchaser shall present a second
piece of current identification that contains the current address
of the purchaser. The Superintendent of State Police may specify
by rule the type of identification that may be presented under
this paragraph.
(c) The department may require that the dealer verify the
identification of the purchaser if that identity is in question
by sending the thumbprints of the purchaser to the department.
(5) The department shall establish a telephone number that
shall be operational seven days a week between the hours of 8
a.m. and 10 p.m. for the purpose of responding to inquiries from
dealers for a criminal history record check under this section.
(6) No public employee, official or agency shall be held
criminally or civilly liable for performing the investigations
required by this section provided the employee, official or
agency acts in good faith and without malice.
(7)(a) The department may retain a record of the information
obtained during a request for a criminal records check for no
more than five years.
(b) The record of the information obtained during a request for
a criminal records check by a gun dealer is exempt from
disclosure under public records law.
(8) The { - Mental Health and Developmental Disability
Services Division - } { + Department of Human Services + }
shall provide the
{ - department - } { + Department of State Police + } with
direct electronic access to information from the
{ - division's - } { + Department of Human Services'
+ }database of information identifying persons meeting the
criteria in ORS 166.470 (1)(e) and (f) who were committed or
subject to an order under ORS 426.130. The Department { + of
Enrolled House Bill 2294 (HB 2294-B) Page 24
State Police + } and the { - division - } { + Department of
Human Services + } shall enter into an agreement describing the
access to information under this subsection.
(9) A law enforcement agency may inspect the records of a gun
dealer relating to transfers of handguns with the consent of a
gun dealer in the course of a reasonable inquiry during a
criminal investigation or under the authority of a properly
authorized subpoena or search warrant.
(10) When a handgun is delivered, it shall be unloaded.
(11) In accordance with applicable provisions of ORS 183.310 to
183.550, the Superintendent of State Police may adopt rules
necessary for:
(a) The design of the firearms transaction thumbprint form;
(b) The maintenance of a procedure to correct errors in the
criminal records of the department;
(c) The provision of a security system to identify dealers who
request a criminal history record check under subsection (2) of
this section; and
(d) The creation and maintenance of a database of the business
hours of gun dealers.
(12) The department shall publish the firearms transaction
thumbprint form and shall furnish the form to gun dealers on
application at cost.
(13) This section does not apply to transactions between
persons licensed as dealers under 18 U.S.C. 923.
SECTION 26. ORS 179.010 is amended to read:
179.010. As used in this chapter and sections 2 and 12, chapter
321, Oregon Laws 1987, unless the context requires otherwise:
{ - (1) 'Assistant Director' means the Assistant Director for
the Mental Health and Developmental Disability Services
Division. - }
{ - (2) 'Department' means the Department of Corrections. - }
{ - (3) 'Director' means the Director of the Department of
Corrections. - }
{ - (4) 'Division' means the Mental Health and Developmental
Disability Services Division. - }
{ - (5) - } { + (1) + } 'Institutions' means the
institutions designated in ORS 179.321.
{ - (6) - } { + (2) + } 'Local government' means any
county, city or special district.
{ - (7) - } { + (3) + } 'Plan' means the statewide
strategic corrections plan developed under section 12, chapter
321, Oregon Laws 1987.
SECTION 27. ORS 179.040 is amended to read:
179.040. (1) The Department of Corrections and the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } shall:
(a) Govern, manage and administer the affairs of the public
institutions and works within their respective jurisdictions.
(b) Enter into contracts for the planning, erection, completion
and furnishings of all new buildings or additions at their
respective institutions.
(c) Subject to any applicable provisions of ORS 279.545 to
279.746, 279.805, 279.826 to 279.833 and 283.110 to 283.395,
enter into contracts for the purchase of supplies for their
respective institutions.
(d) Make and adopt rules, not inconsistent with law, for the
guidance of { - that department or division - } { + the
Enrolled House Bill 2294 (HB 2294-B) Page 25
Department of Corrections or the Department of Human Services + }
and for the government of their respective institutions.
(2) The { - department and the division - } { + Department
of Corrections and the Department of Human Services + },
respectively, may:
(a) Sue and plead in all courts of law and equity.
(b) Perform all legal and peaceful acts requisite and necessary
for the successful management and maintenance of the institutions
within their respective jurisdictions.
SECTION 28. ORS 179.050 is amended to read:
179.050. The Department of Corrections and the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } may receive, take and hold
property, both real and personal, for any institution within
their respective jurisdictions. Title shall be taken in the name
of the state.
SECTION 29. ORS 179.055 is amended to read:
179.055. (1) The revenue from the rental or lease of property
administered by an institution governed or managed by the
Department of Corrections or the { - Mental Health and
Developmental Disability Services Division - } { + Department
of Human Services + }, except dormitory and housing rentals at
institutions governed by { - the - } { + either + }
department { - or division - } , shall be deposited in the
account of the { + respective + } department { - or
division - } for use by the { + respective + } department
{ - or division - } to pay for the cost of administration,
taxes, repairs and improvements on the property.
(2) The { - department or division - } { + Department of
Corrections or Department of Human Services + } may request the
Oregon Department of Administrative Services to make necessary
repairs and improvements on the property described in subsection
(1) of this section to be paid for by the { - department or
division - } { + Department of Corrections or Department of
Human Services + } from the proceeds derived from such rental or
lease of the property or from appropriations otherwise available.
SECTION 30. ORS 179.065 is amended to read:
179.065. The Department of Corrections and the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } shall have the same powers
with respect to furnishing heat, light, power, sewage, fire
protection and communications facilities to institutions under
their respective jurisdictions as is granted to the Oregon
Department of Administrative Services under ORS 276.210 to
276.228, 276.234 to 276.244, 276.250 and 276.252. The powers
shall be exercised in accordance with and subject to the
provisions of such sections.
SECTION 31. ORS 179.105 is amended to read:
179.105. (1) For any of the purposes contemplated by ORS
179.040, including aid and support of research in any of the
institutions, the Department of Corrections and the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } may in their respective
discretions accept from the United States or any of its agencies
financial assistance and grants in the form of money or labor, or
from any other source any donation or grant of land or gift of
money or any other thing. Any funds accepted in accordance with
the provisions of this section and ORS 179.110 shall be deposited
with the State Treasurer and subject to subsection (2) of this
section, are appropriated to the
Enrolled House Bill 2294 (HB 2294-B) Page 26
{ - department or division - } { + Department of Corrections
or Department of Human Services + } and may be expended by it
according to the conditions and terms of the grant or donation.
(2) Funds received under subsection (1) of this section or ORS
179.110 shall be expended subject to expenditure limitations
imposed on the { - department or division - } { + Department
of Corrections or Department of Human Services + } by the
Legislative Assembly or, in the absence of such limitations, only
after approval of the Legislative Assembly or of the Emergency
Board, if approval is required during the interim between
sessions of the Legislative Assembly.
(3) In any case where prior approval of the authority to expend
any funds available under subsection (1) of this section or ORS
179.110 is imposed as a term or condition of receipt of such
funds, the Legislative Assembly or the Emergency Board may
approve expenditures of such funds prior to their receipt.
SECTION 32. ORS 179.110 is amended to read:
179.110. Subject to the approval of the Director of the Oregon
Department of Administrative Services, the Department of
Corrections and the { - Mental Health and Developmental
Disability Services Division - } { + Department of Human
Services + }, respectively, may accept and receive grants of
funds from the United States or any of its agencies for the
construction, equipment and betterment of any of the institutions
under its jurisdiction and may cooperate with the United States
or its agencies in such construction, equipment and betterment.
Any balances of appropriations for capital outlay for any
institution resulting from the use of funds so received shall be
placed in a common fund. The { - department and the
division - } { + Department of Corrections and the Department
of Human Services + } are authorized and empowered in their
discretion to expend such common fund or any portion thereof in
the construction, equipment or betterment of any institution
under its jurisdiction.
SECTION 33. ORS 179.140 is amended to read:
179.140. Subject to any applicable provision of ORS 279.545 to
279.746, 279.805, 279.826 to 279.833, 283.110 to 283.395 and
291.232 to 291.260, all claims for supplies or materials
furnished or services rendered to institutions shall be audited
and approved as provided by law, upon the presentation of duly
verified vouchers therefor, approved in writing by the Director
of the Department of Corrections or by the { - Assistant
Director for the Mental Health and Developmental Disability
Services Division - } { + Director of Human Services + }, or by
their designees.
SECTION 34. ORS 179.240 is amended to read:
179.240. (1) If any person owes a debt to this state or a state
agency, and the debt has been fixed by final judgment of a court
of competent jurisdiction or is no longer subject to judicial
review, the Department of Corrections or the { - Mental Health
and Developmental Disability Services Division - }
{ + Department of Human Services + } shall deduct the amount of
the debt from any award made to that person under ORS 179.210.
(2) The { - department or division - } { + Department of
Corrections or the Department of Human Services + } shall request
the State Treasurer to transfer to the appropriate fund or
account to which the debt is owed, an amount equal to the amount
deducted from the award under subsection (1) of this section, for
use during that biennium in accordance with law by the state
agency administering the fund or account to which the debt is
Enrolled House Bill 2294 (HB 2294-B) Page 27
owed. The State Treasurer shall evidence the transfer by proper
bookkeeping entries. If the
{ - department, division - } { + Department of Corrections,
Department of Human Services + } or State Treasurer cannot
determine the appropriate fund or account, the amount shall be
transferred to the General Fund for general governmental
purposes.
(3) Any debt owed by a person to this state or a state agency
is satisfied, upon the completion of a transfer made pursuant to
subsection (2) of this section, to the extent of the amount so
transferred.
SECTION 35. ORS 179.321 is amended to read:
179.321. (1) The { - Mental Health and Developmental
Disability Services Division - } { + Department of Human
Services + } shall operate, control, manage and supervise
{ - : - } { + the + } Eastern Oregon Psychiatric Center,
{ + the + } Eastern Oregon Training Center { - , F. H. Dammasch
State Hospital, Fairview Training Center - } and { + the + }
Oregon State Hospital.
(2) The Department of Corrections shall operate, control,
manage and supervise those institutions defined as Department of
Corrections institutions in ORS 421.005.
SECTION 36. ORS 179.360 is amended to read:
179.360. (1) Each superintendent shall:
(a) Have custody of the residents of the institution under
jurisdiction of the superintendent.
(b) Direct the care, custody and training of the residents
unless otherwise directed by law or by rule.
(c) Adopt sanitary measures for the health and comfort of the
residents.
(d) Promote the mental, moral and physical welfare and
development of the residents.
(e) Enjoy the other powers and privileges and perform the other
duties that are prescribed by law or by rule or that naturally
attach themselves to the position of superintendent.
(f) Designate a physician licensed by the Board of Medical
Examiners for the State of Oregon to serve as chief medical
officer as provided in ORS 426.020 and 427.010, who will be
directly responsible to the superintendent for administration of
the medical treatment programs at the institution and assume such
other responsibilities as are assigned by the superintendent.
(2) The Director of the Department of Corrections or the
{ - Assistant Director for Mental Health and Developmental
Disability Services - } { + Director of Human Services + }
{ - , as the case may be, - } shall prescribe { + for their
respective institutions + }:
(a) The duties of the superintendents where the duties are not
prescribed by law.
(b) The additional duties, beyond those prescribed by law, that
the { - director or assistant director - } { + Director of
the Department of Corrections or the Director of Human
Services + } considers necessary for the good of the public
service.
SECTION 37. ORS 179.380 is amended to read:
179.380. (1) The Department of Corrections and the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } shall authorize the
employment of all necessary physicians, attendants, nurses,
engineers, messengers, clerks, guards, cooks, waiters and other
officers and employees not specifically authorized by law and
Enrolled House Bill 2294 (HB 2294-B) Page 28
necessary to the successful maintenance of their respective
institutions. The amounts expended for the services of such
officers and employees shall not exceed the amounts provided
therefor in the biennial appropriations for the institution.
(2) The { - department and division - } { + Department of
Corrections and the Department of Human Services + } shall
designate in their respective rules which employees shall be
officers, and shall require all officers to take and subscribe to
an oath of office and, if the circumstances require it, to
furnish bonds.
SECTION 38. ORS 179.385 is amended to read:
179.385. The Department of Corrections and the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + }, respectively, may
establish scholarship programs to provide assistance in securing
qualified personnel at state institutions governed by them.
Scholarships authorized by this section shall be granted in
accordance with rules and regulations adopted respectively by the
{ - department or division - } { + departments + }.
SECTION 39. ORS 179.390 is amended to read:
179.390. (1) The superintendent of { - institutions - }
{ + an institution + } other than { - those - } { + an
institution + } within the jurisdiction of the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } shall, subject to the
approval of the { - assistant director - } { + Director of
Human Services + } or the Director of the Department of
Corrections, appoint in the manner provided by law all
assistants, officers and other employees at the institution under
the jurisdiction of the superintendent. The superintendent may
suspend or remove an assistant, officer or other employee in the
manner provided by law, reporting all acts of suspension or
removal to the { - assistant director - } { + Director of
Human Services + } or { - director for corrections - }
{ + Director of the Department of Corrections + } for approval
or disapproval. The { - assistant director - } { + Director
of Human Services + } or { - director for corrections - }
{ + Director of the Department of Corrections + } shall fix the
salaries of assistants, officers and employees where their salary
is not fixed by law. The { - assistant director of a
division - } { + Director of Human Services + } or
{ - director of corrections - } { + Director of the Department
of Corrections + } shall, subject to any applicable provisions of
the State Personnel Relations Law, suspend or discharge any
subordinate of a superintendent when public service requires such
action.
(2) The { - Assistant Director for Mental Health and
Developmental Services or the designees of the Assistant Director
for Mental Health and Developmental Services - } { + Director
of Human Services or a designee + } at each facility under
jurisdiction of the
{ - division - } { + Department + } { + of Human
Services + } shall, as provided by law, appoint, suspend or
discharge an employee of the { - division - } { +
department + }. The { - assistant director - }
{ + Director + } { + of Human Services + } may designate up to
three employees at each facility to act in the name of the
{ - assistant director - } { + director + } in accordance with
ORS 240.400.
Enrolled House Bill 2294 (HB 2294-B) Page 29
(3) In addition to or in lieu of employing physicians, the
Director of the Department of Corrections or the designee thereof
may contract for the personal services of physicians licensed to
practice medicine by the Board of Medical Examiners for the State
of Oregon to serve as medical advisors for the { - division - }
{ + Department of Human Services + }. Advisors under such
contracts shall be directly responsible for administration of
medical treatment programs at penal and correctional
institutions, as defined in ORS 421.005.
SECTION 40. ORS 179.460 is amended to read:
179.460. (1) In order to encourage industry and thereby
increase productiveness in the institutions, the Department of
Corrections and the { - Mental Health and Developmental
Disability Services Division - } { + Department of Human
Services + } shall prescribe rules and regulations for the sale
and exchange of surplus products of each.
(2) The funds derived from the sale of the surplus products
shall be paid into the State Treasury and become a part of a fund
to be known as the State Institutional Betterment Fund, which
fund shall be expended by the { - department and division - }
{ + Department of Corrections and the Department of Human
Services + }, respectively, for the benefit of the institutions
in proportion to the amount earned by each.
(3) The provisions of this section apply to facilities operated
under ORS 346.010.
SECTION 41. ORS 179.478 is amended to read:
179.478. (1) If the person, a relative, guardian or friend, or
institution staff have probable cause to believe that an inmate
or youth offender is mentally retarded to such a degree that the
inmate or youth offender cannot adjust to or benefit from the
Department of Corrections institution or youth correction
facility, the superintendent of the institution shall request
that a diagnostic assessment be performed by the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } or its designee. If there
is probable cause to believe that the inmate or youth offender is
mentally retarded and otherwise eligible for admission to a state
hospital and training center for the mentally retarded pursuant
to ORS 427.010 and other applicable statutes and rules of the
{ - Mental Health and Developmental Disability Services
Division - } { + Department of Human Services + }, the person
shall be entitled to a commitment hearing.
(2) If the inmate or youth offender is by clear and convincing
evidence determined by the court to be mentally retarded, the
person shall be committed and transferred to a hospital and
training center designated by the { - Mental Health and
Developmental Disability Services Division - } { + Department
of Human Services + } as soon as space in an appropriate unit is
available, and any sentence to a Department of Corrections
institution or commitment to the youth correction facility shall
be terminated.
{ - The State Office for Services to Children and Families may
retain general wardship of the youth offender, as it would for
other minors placed in its custody. - }
SECTION 42. ORS 179.479 is amended to read:
179.479. (1) The superintendent or other chief executive
officer of an institution described in ORS 179.321 may, when
authorized by regulation or direction of the Department of
Corrections or { - Mental Health and Developmental Disability
Services Division - } { + Department of Human Services + },
Enrolled House Bill 2294 (HB 2294-B) Page 30
convey an inmate to a physician, clinic or hospital, including
the Oregon Health Sciences University, for medical, surgical or
dental treatment when such treatment cannot satisfactorily be
provided at the institution. An inmate conveyed for treatment
pursuant to this section shall be kept in the custody of the
institution from which the inmate is conveyed.
(2) The { - department and division - } { + Department of
Corrections and the Department of Human Services each + } { - ,
respectively, - } shall prescribe rules and regulations
governing conveyances authorized by this section.
SECTION 43. ORS 179.490 is amended to read:
179.490. In the case of a necessary or emergency operation,
requiring the services of a specialist, and where the relatives
or guardians, in the judgment of the Department of Corrections or
{ - Mental Health and Developmental Disability Services
Division - } { + Department of Human Services + }, are unable
to pay a part or the whole cost of the operation, { - the - }
{ + either + } department { - or division - } , in its
discretion, may have the operation performed, the cost of the
operation to be payable from the funds of the institution
concerned.
SECTION 44. ORS 179.505 is amended to read:
179.505. (1) 'Provider,' as used in this section, means any
public agency or publicly operated institution, any private
organization that operates as a community mental health provider,
any subcontractor of a community mental health provider or any
contractor of the { - Mental Health and Developmental
Disability Services Division or the office of Alcohol and Drug
Abuse Programs, - } { + Department of Human Services, + }
licensed or operated under this chapter or ORS chapter 426
{ - , - } { + or + } 427 { - , - } or ORS 430.010 to
430.180, 430.260 to 430.395, 430.397 to 430.401, 430.405 to
430.565 and 430.610 to 430.880 or ORS 431.035 to 431.530, 431.705
to 431.990 and sections 2 and 12, chapter 321, Oregon Laws 1987,
that provides health care services or maintains written accounts
of health care services provided to individuals.
(2) Except as provided in subsections (3), (4), (6), (7), (8),
(9), (11), (12), (14), (15) and (16) of this section, case
histories, clinical records, X-rays, treatment charts, progress
reports and other similar written accounts of the patients of any
provider maintained in or by the provider by the officers or
employees thereof who are authorized to maintain such histories,
records, X-rays, reports, charts and other accounts within the
official scope of their duties shall not be subject to
inspection. This subsection applies to written accounts
maintained in or by facilities of the Department of Corrections
only to the extent that the written accounts concern the medical,
dental or psychiatric treatment as patients of those under the
jurisdiction of the Department of Corrections.
(3) If the patient, or in the case of incompetence, the legal
guardian, gives voluntary and informed consent, the content of
any written account referred to in subsection (2) of this section
shall be released accordingly, if the consent is in writing and
is signed and dated by the patient or guardian and sets forth
with specificity the following:
(a) Name of the provider directed to make the disclosure,
except when the consent is given by recipients of or applicants
for public assistance to a governmental entity for purposes of
determining eligibility for benefits or investigating for fraud;
Enrolled House Bill 2294 (HB 2294-B) Page 31
(b) Name or title of the persons or organizations to which the
information is to be disclosed or that information may be
released to the public;
(c) Name of the patient;
(d) Extent or nature of the information to be disclosed; and
(e) Statement that the consent is subject to revocation at any
time except to the extent that action has been taken in reliance
thereon, and a specification of the date, event or condition upon
which it will expire without express revocation. However, no
revocation of a consent is valid with respect to inspection or
records necessary to validate expenditures by or on behalf of
governmental entities.
(4) The content of any written account referred to in
subsection (2) of this section may be released without consent:
(a) To any person to the extent necessary to meet a medical
emergency.
(b) At the discretion of the responsible officer of the
provider, which in the case of any { - Mental Health and
Developmental Disability Services Division - } { + Department
of Human Services + } facility or community mental health and
developmental disabilities program shall be the { - Assistant
Director for Mental Health and Developmental Disability
Services - } { + Director of Human Services + }, to persons
engaged in scientific research, program evaluation, peer review
and fiscal audits. However, patient identities shall not be
disclosed to such persons, except when the disclosure is
essential to the research, evaluation, review or audit or when
the disclosure benefits the provider or patient.
(c) To governmental agencies when necessary to secure
compensation for services rendered in the treatment of the
patient.
(5) When a patient's identity is disclosed under subsection (4)
of this section, a provider shall prepare, and include in the
permanent records of the provider, a written statement indicating
the reasons for the disclosure, the written accounts disclosed
and the recipients of the disclosure.
(6) The content of any written account referred to in
subsection (2) of this section and held by a provider currently
engaged in the treatment of a patient may be released to officers
or employees of that provider, its agents or cooperating
providers who are currently acting within the official scope of
their duties to evaluate treatment programs, to diagnose or treat
or to assist in diagnosing or treating a patient when such
written account is to be used in the course of diagnosing or
treating the patient. Nothing in this subsection shall prevent
the transfer of written accounts referred to in subsection (2) of
this section among providers of the { - Mental Health and
Developmental Disability Services Division - } { + Department
of Human Services + }, the Department of Corrections, a local
correctional facility or a community mental health and
developmental disabilities program when the transfer is necessary
or beneficial to the treatment of a patient.
(7) When an action, suit, claim, arbitration or proceeding is
brought under ORS 34.105 to 34.240 or 34.310 to 34.730 and
involves a claim of constitutionally inadequate medical care,
diagnosis or treatment, or is brought under ORS 30.260 to 30.300
and involves the Department of Corrections or an institution
operated by the department, nothing in this section prohibits the
disclosure or release of any written account referred to in
subsection (2) of this section to the Department of Justice,
Enrolled House Bill 2294 (HB 2294-B) Page 32
Oregon Department of Administrative Services, or their agents,
upon request, or the subsequent release to a court,
administrative hearings officer, arbitrator or other
administrative decision maker.
(8)(a) When an action, suit, claim, arbitration or proceeding
involves the { - Mental Health and Developmental Disability
Services Division - } { + Department of Human Services + } or
an institution operated by the { - division - }
{ + department + }, nothing in this section prohibits the
disclosure or release of any written account referred to in
subsection (2) of this section to the Department of Justice,
Oregon Department of Administrative Services, or their agents,
provided:
(A) Consent under subsection (3) of this section is requested
and obtained; or
(B) If no consent under subsection (3) of this section is
given, disclosure is made only after notice of the extent or
nature of the disclosure has been given to the patient.
(b) Disclosure or release of information in an action, suit,
claim, nonlabor arbitration or proceeding is limited by the
relevancy restrictions of ORS 40.010 to 40.585 and ORS chapter
183. Only written accounts of a plaintiff, claimant or petitioner
shall be disclosed or released under this paragraph.
(c) Disclosure or release of information as part of a labor
arbitration or proceeding to support a personnel action taken
against staff is limited to written accounts directly relating to
alleged action or inaction by staff for which the personnel
action was imposed.
(9) { + (a) + } The copy of any written account referred to in
subsection (2) of this section, upon written request of the
patient, or in the case of incompetence, the legal guardian,
shall be released to the patient or the guardian within a
reasonable time not to exceed five working days. The patient, or
in the case of incompetence, the legal guardian, shall have the
right to immediate inspection of any written accounts.
{ - (a) - } { + (b) + } If the release of psychiatric or
psychological information contained in the written account would
constitute an immediate and grave detriment to the treatment of
the patient, disclosure may be denied, if medically
contraindicated by the attending physician in the medical record
of the patient.
{ - (b) - } { + (c) + } The Department of Corrections may
withhold psychiatric or psychological information if:
(A) The information relates to an individual other than the
individual seeking it.
(B) Release of the information would constitute a danger to
another individual.
(C) Release of the information would compromise the privacy of
a confidential source.
{ - (c) - } { + (d) + } However, a written statement of the
denial under paragraph { - (b) - } { + (c) + } of this
subsection and the reasons therefor shall be entered in the
individual's record.
(10) A provider may require a person requesting disclosure of
the contents of a written account under this section to reimburse
the provider for the reasonable costs incurred in searching
files, abstracting if requested and copying if requested.
However, a patient shall not be denied access to written accounts
concerning the patient because of inability to pay.
Enrolled House Bill 2294 (HB 2294-B) Page 33
(11) No written account referred to in subsection (2) of this
section may be used to initiate or substantiate any criminal,
civil, administrative, legislative or other proceedings conducted
by federal, state or local authorities against the patient or to
conduct any investigations of the patient. If the patient, as a
party to an action, suit or other judicial proceeding,
voluntarily produces evidence regarding an issue to which a
written account referred to in subsection (2) of this section
would be relevant, the contents of that written account may be
released for use in the proceeding.
(12) Information obtained in the course of diagnosis,
evaluation or treatment of a patient which, in the professional
judgment of the provider indicates a clear and immediate danger
to others or to society may be reported to the appropriate
authority. A decision not to disclose information under this
subsection shall not subject the provider to any civil liability.
Nothing in this subsection shall be construed to alter the
provisions of ORS 146.750, 146.760, 419B.010, 419B.015, 419B.020,
419B.025, 419B.030, 419B.035, 419B.040 and 419B.045.
(13) The prohibitions of this section shall apply to written
accounts concerning any individual who has been treated by any
provider irrespective of whether or when the individual ceases to
receive treatment.
(14) Persons other than the patient who are granted access
under this section to the contents of a written account referred
to in subsection (2) of this section shall not disclose the
contents of the written account to any other person except in
accordance with the provisions of this section.
(15) Nothing in this section shall prevent the { - State
Office for Services to Children and Families - } { + Department
of Human Services + } from disclosing the contents of written
accounts in its possession to individuals or agencies with whom
children in its custody are placed.
(16) The system designated under ORS 192.517 (1) shall have
access to records, as defined in ORS 192.515, as provided in ORS
192.517.
SECTION 45. ORS 179.509 is amended to read:
179.509. (1) The superintendent of each state institution shall
submit quarterly reports on the number of deaths, including the
ages of the deceased, the causes of death and the disposition of
the remains, within the institution to the { - division in
the - } Department of Human Services or to the Department of
Corrections, as the case may be, having jurisdiction over the
institution.
(2) The { - division having jurisdiction - } { + Department
of Human Services + } or the Department of Corrections shall
compile the reports described in subsection (1) of this section
and submit them quarterly to the offices of the President of the
Senate and of the Speaker of the House of Representatives.
SECTION 46. Section 9, chapter 849, Oregon Laws 1999, is
amended to read:
{ + Sec. 9. + } (1) Except as provided in this section, all
agencies must use hearing officers assigned from the Hearing
Officer Panel established under section 3 { + , chapter 849,
Oregon Laws 1999, + } { - of this 1999 Act - } to conduct
contested case hearings, without regard to whether those hearings
are subject to the procedural requirements for contested case
hearings.
(2) The following agencies need not use hearing officers
assigned from the panel:
Enrolled House Bill 2294 (HB 2294-B) Page 34
(a) The Department of Education, the State Board of Education
and the Superintendent of Public Instruction.
(b) Employment Appeals Board.
(c) Employment Relations Board.
(d) Public Utility Commission.
(e) Bureau of Labor and Industries and the Commissioner of the
Bureau of Labor and Industries.
(f) Land Conservation and Development Commission.
(g) Land Use Board of Appeals.
(h) Department of Revenue.
(i) Local government boundary commissions created pursuant to
ORS 199.425 or 199.430.
(j) State Accident Insurance Fund Corporation.
(k) Psychiatric Security Review Board.
(L) State Board of Parole and Post-Prison Supervision.
(m) Department of Corrections.
(n) Energy Facility Siting Council.
(o) { - Vocational Rehabilitation Division - } { +
Department of Human Services for vocational rehabilitation
services cases under 29 U.S.C. 722(c) and disability
determination cases under 42 U.S.C. 405 + }.
(p) Secretary of State.
(q) State Treasurer.
(r) Attorney General.
(s) Fair Dismissal Appeals Board.
(t) Department of State Police.
(u) Oregon Youth Authority.
(v) Boards of stewards appointed by the Oregon Racing
Commission.
(w) The Department of Higher Education and the institutions of
higher education listed in ORS 352.002.
(x) The Governor.
(y) State Land Board.
(3) The Workers' Compensation Board is exempt from using
hearing officers assigned from the panel for any hearing
conducted by the board under ORS chapters 147, 654 and 656. The
Director of the Department of Consumer and Business Services must
use hearing officers assigned from the panel for all contested
case hearings regarding matters other than those concerning a
claim under ORS chapter 656, as provided in ORS 656.704 (2).
Except as specifically provided in this subsection, the
Department of Consumer and Business Services must use hearing
officers assigned from the panel only for contested cases arising
out of the department's powers and duties under:
(a) ORS chapter 59;
(b) ORS 200.005 to 200.075;
(c) ORS chapter 455;
(d) ORS chapter 674;
(e) ORS chapters 706 to 716;
(f) ORS chapter 717;
(g) ORS chapters 722, 723, 725 and 726; and
(h) ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 744,
746, 748 and 750.
(4) Notwithstanding any other provision of law, in any
proceeding in which an agency is required to use a hearing
officer assigned from the panel, an officer or employee of the
agency may not conduct the hearing on behalf of the agency.
(5) Notwithstanding any other provision of sections 2 to
21 { + , chapter 849, Oregon Laws 1999 + } { - of this 1999
Enrolled House Bill 2294 (HB 2294-B) Page 35
Act - } , no agency shall be required to use a hearing officer
assigned from the panel if:
(a) Federal law requires that a different hearing officer be
used; or
(b) Use of a hearing officer from the panel could result in a
loss of federal funds.
(6) Notwithstanding any other provision of this section, the
Department of Environmental Quality must use hearing officers
assigned from the panel only for contested case hearings
conducted under the provisions of ORS 183.413 to 183.470.
SECTION 47. ORS 197.660 is amended to read:
197.660. As used in ORS 197.660 to 197.670, 215.213, 215.263,
215.283, 215.284 and 443.422:
(1) 'Residential facility' means a residential care,
residential training or residential treatment facility { + , as
those terms are defined in ORS 443.400, + } licensed or
registered { - by or under the authority of the department, as
defined in ORS 443.400, - } under ORS 443.400 to 443.460 or
licensed { - by the State Office for Services to Children and
Families - } under ORS 418.205 to 418.327
{ - which - } { + by the Department of Human Services
that + } provides residential care alone or in conjunction with
treatment or training or a combination thereof for six to fifteen
individuals who need not be related. Staff persons required to
meet licensing requirements shall not be counted in the number of
facility residents, and need not be related to each other or to
any resident of the residential facility.
(2) 'Residential home' means a residential treatment or
training or an adult foster home licensed by or under the
authority of the department, as defined in ORS 443.400, under ORS
443.400 to 443.825, a residential facility registered under ORS
443.480 to 443.500 or an adult foster home licensed under ORS
443.705 to 443.825 { - which - } { + that + } provides
residential care alone or in conjunction with treatment or
training or a combination thereof for five or fewer individuals
who need not be related. Staff persons required to meet licensing
requirements shall not be counted in the number of facility
residents, and need not be related to each other or to any
resident of the residential home.
(3) 'Zoning requirement' means any standard, criteria,
condition, review procedure, permit requirement or other
requirement adopted by a city or county under the authority of
ORS chapter 215 or 227 which applies to the approval or siting of
a residential facility or residential home. A zoning requirement
does not include a state or local health, safety, building,
occupancy or fire code requirement.
SECTION 48. ORS 197.667 is amended to read:
197.667. (1) A residential facility shall be a permitted use in
any zone where multifamily residential uses are a permitted use.
(2) A residential facility shall be a conditional use in any
zone where multifamily residential uses are a conditional use.
(3) A city or county may allow a residential facility in a
residential zone other than those zones described in subsections
(1) and (2) of this section, including a zone where a
single-family dwelling is allowed.
(4) A city or county may require an applicant proposing to site
a residential facility within its jurisdiction to supply the city
or county with a copy of the entire application and supporting
documentation for state licensing of the facility, except for
information which is exempt from public disclosure under ORS
Enrolled House Bill 2294 (HB 2294-B) Page 36
192.496 to 192.530. However, cities and counties shall not
require independent proof of the same conditions that have been
required by the Department { + of Human Services + } { - as
defined in ORS 443.400 or the State Office for Services to
Children and Families - } under ORS 418.205 to 418.327 for
licensing of a residential facility.
SECTION 49. ORS 238.300 is amended to read:
238.300. Upon retiring from service at normal retirement age or
thereafter a person who is a member of the system shall receive a
service retirement allowance which shall consist of the following
annuity and pensions:
(1) A refund annuity which shall be the actuarial equivalent of
accumulated contributions by the member and interest thereon
credited at the time of retirement, which annuity shall provide
an allowance payable during the life of the member and at death a
lump sum equal in amount to the difference between accumulated
contributions at the time of retirement and the sum of the
annuity payments actually made to the member during life shall be
paid to such person, if any, as the member nominates by written
designation duly acknowledged and filed with the board or shall
otherwise be paid according to the provisions of this chapter for
disposal of an amount credited to the account of a member at the
time of death in the event the member designates no beneficiary
to receive the amount or no such beneficiary is able to receive
the amount. If death of the member occurs before the first
payment is due, the account of the member shall be treated as
though death had occurred before retirement.
(2)(a) A life pension (nonrefund) for current service provided
by the contributions of employers, which pension, subject to
paragraph (b) of this subsection, shall be an amount which, when
added to the sum of the annuity under subsection (1) of this
section and the annuity, if any, provided on the same basis and
payable from the Variable Annuity Account, both annuities
considered on a refund basis, results in a total of:
(A) For service as a police officer or firefighter, two percent
of final average salary multiplied by the number of years of
membership in the system as a police officer or firefighter
before the effective date of retirement.
(B) For service as a member of the Legislative Assembly, two
percent of final average salary multiplied by the number of years
of membership in the system as a member of the Legislative
Assembly before the effective date of retirement.
(C) For service as other than a police officer, firefighter or
member of the Legislative Assembly, 1.67 percent of final average
salary multiplied by the number of years of membership in the
system as other than a police officer, firefighter or member of
the Legislative Assembly before the effective date of retirement.
(b) A pension under this subsection shall be at least:
(A) The actuarial equivalent of the annuity provided by the
accumulated contributions of the member.
(B) For a member who made contributions before August 21, 1981,
the equivalent of a pension computed pursuant to this subsection
as it existed immediately before that date.
(c) As used in this subsection, 'number of years of membership'
means the number of full years plus any remaining fraction of a
year for which salary was paid and contributions to the Public
Employees Retirement System made. Except as otherwise provided in
this paragraph, in determining a remaining fraction a full month
shall be considered as one-twelfth of a year and a major fraction
of a month shall be considered as a full month. Membership of a
Enrolled House Bill 2294 (HB 2294-B) Page 37
school district employee, an employee of the State Board of
Higher Education engaged in teaching or other school activity at
an institution of higher education or an employee of the
{ - State Office for Services to Children and Families - } { +
Department of Human Services + }, the Oregon Youth Authority, the
Department of Corrections { - , the Mental Health and
Developmental Disability Services Division - } or the State
Board of Education engaged in teaching or other school activity
at an institution supervised by the { - office, - } authority,
board { - , - } { + or + } department { - or division - } ,
for all portions of a school year in a calendar year in which the
district school, institution of higher education or school
activity at an institution so supervised in which the member is
employed is normally in session shall be considered as a full
one-half year of membership. The number of years of membership of
a member who received a refund of contributions as provided in
ORS 237.976 (2) is limited to the number of years after the day
before the date on which the refund was received. The number of
years of membership of a member who is separated, for any reason
other than death or disability, from all service entitling the
member to membership in the system, who withdraws the amount
credited to the account of the member in the fund during absence
from such service and who thereafter reenters the service of an
employer participating in the system but does not repay the
amount so withdrawn as provided in this chapter, is limited to
the number of years after the day before the date of so
reentering.
(3) An additional life pension (nonrefund) for prior service,
including military service, credited to the member at the time of
first becoming a member of the system, as elsewhere provided in
this chapter, which pension shall be provided by the prior
service contributions of the employer or, in case the member is
an employee of a school district, by a uniform rate of
contribution by all school districts.
SECTION 50. ORS 276.180 is amended to read:
276.180. When vacated and no longer required for institution
uses, all or any portion of the buildings, grounds and facilities
presently operated and controlled by the { - Mental Health and
Developmental Disability Services Division - } { + Department
of Human Services + }, Department of Corrections { - , State
Office for Services to Children and Families, - } or the State
Board of Education, are transferred to the Oregon Department of
Administrative Services when so ordered by the Oregon Department
of Administrative Services. Title shall vest automatically in the
Oregon Department of Administrative Services in the name of the
State of Oregon and the department shall operate and maintain all
facilities described in this section.
SECTION 51. ORS 279.855 is amended to read:
279.855. The following may purchase equipment, materials,
supplies and services through the Oregon Department of
Administrative Services in the same manner as state agencies as
provided in ORS 279.545 to 279.746 and 279.800 to 279.833:
(1) Qualified nonprofit agencies for disabled individuals
participating in the program set forth in ORS 279.015 and 279.835
to 279.850.
(2) Residential programs when under contract with the
Department of Human Services { - or any division thereof - }
to provide services to youth in the custody of the state.
(3) Public benefit corporations, as defined in ORS 65.001, that
provide public services either under contract with a state
Enrolled House Bill 2294 (HB 2294-B) Page 38
agency, as defined in ORS 171.133, or under contract with a unit
of local government, as defined in ORS 190.003, that funds the
contract, in whole or in part, with state funds.
SECTION 52. ORS 285A.458 is amended to read:
285A.458. (1) The Governor shall create and maintain regional
workforce committees to advise on regional and local needs for
workforce development, to prepare plans for achieving regional
goals and to coordinate the provision of services within regions.
The committees shall have private and public sector members.
However, a majority of the members of each committee shall
represent the private sector and include business and labor
representatives. The chairperson of each committee shall be a
private sector member and be elected by the committee.
(2) The private sector committee members shall play a critical
role in workforce development, including but not limited to:
(a) Identifying current and future workforce needs;
(b) Providing feedback on public sector programs;
(c) Assisting public agencies in changing programs to be more
effective in meeting private sector needs; and
(d) Being a partner in addressing workforce needs.
(3) Private sector members of a committee created under this
section shall be appointed by county commissioners and, in the
region that includes the City of Portland, the Mayor of Portland.
The members of the committee shall reflect the broadest feasible
representation from the groups described in ORS 285A.455 (4)(a)
to (h).
(4) The public sector representatives on the committee are
representatives who receive resources and deliver education and
workforce programs within the labor market area. Public sector
members shall include the broadest feasible representation from,
but not be limited to, the following:
(a) The { - Adult and Family Services Division of the - }
Department of Human Services;
(b) School districts, education service districts, community
colleges, state institutions of higher education and Oregon
Health Sciences University;
{ - (c) The Vocational Rehabilitation Division of the
Department of Human Services; - }
{ - (d) - } { + (c) + } The Economic and Community
Development Department and local economic development entities;
{ - (e) - } { + (d) + } The Employment Department;
{ - (f) - } { + (e) + } The Job Training Partnership Act
local administrative entity; and
{ - (g) - } { + (f) + } Other public sector partners.
(5) A local region individually may recommend to the Governor
an alternate structure for its regional committee, based on local
determination and mutually agreed to by the current public and
private sector members of the regional workforce committee and
the local elected officials. The alternate structure must retain
a private sector chairperson, appointments of the private sector
members as provided in subsection (3) of this section, and
substantive public and private sector and other stakeholder
participation through formalized methods, such as standing
committees.
(6) A regional workforce committee shall develop and implement
a strategic plan that responds to the current and future
workforce needs of the local labor market.
(7) The strategic plan shall:
(a) Consider the supply and demand outlook for the region;
Enrolled House Bill 2294 (HB 2294-B) Page 39
(b) Identify and prioritize initiatives and resources, both
public and private, to meet the local workforce needs;
(c) Articulate and include the coordination of both public and
private resources in addressing the workforce needs and goals;
and
(d) Ensure the most appropriate use of resource investments.
(8) The regional workforce committee shall create or enhance
the workforce program delivery system to meet the strategic
priorities of the region.
(9) Within each region, or within overlapping regions, regional
workforce committees and regional strategy boards shall
coordinate their planning efforts to ensure that the strategic
efforts and resource allocation of economic and workforce
development of an area are consistent. Regional workforce
committees and regional strategy boards will extend opportunities
to other entities engaged in economic and workforce development
programs and services to participate in their joint or integrated
strategic planning.
SECTION 53. ORS 310.630 is amended to read:
310.630. As used in ORS 310.630 to 310.706:
(1) 'Department' means the Department of Revenue.
(2) 'Fuel and utility payments' include payments for heat,
lights, water, sewer and garbage made solely to secure those
commodities or services for the homestead of the taxpayer. '
Payments for heat' mean those payments made to secure the
commodities or services to be used as the principal source of
heat for the homestead of the taxpayer and includes payments for
natural gas, oil, firewood, coal, sawdust, electricity, steam or
other materials that are capable of use as a primary source of
heat for the homestead. 'Fuel and utility payments' do not
include telephone service.
(3) 'Gross rent' means contract rent paid plus the fuel and
utility payments made for the homestead in addition to the
contract rent, during the calendar year for which the claim is
filed.
(4) 'Homestead' means the taxable principal dwelling located in
Oregon, either real or personal property, rented by the taxpayer,
and the taxable land area of the tax lot upon which it is built.
(5) 'Household' means the taxpayer, the spouse of the taxpayer
and all other persons residing in the homestead during any part
of the calendar year for which a claim is filed.
(6) 'Household income' means the aggregate income of the
taxpayer and the spouse of the taxpayer who reside in the
household, that was received during the calendar year for which
the claim is filed. 'Household income' includes payments received
by the taxpayer or the spouse of the taxpayer under the federal
Social Security Act for the benefit of a minor child or minor
children who are members of the household.
(7) 'Income' means 'adjusted gross income' as defined in the
federal Internal Revenue Code, as amended and in effect on
December 31, 1998, even where the amendments take effect or
become operative after that date, relating to the measurement of
taxable income of individuals, estates and trusts, with the
following modifications:
(a) There shall be added to adjusted gross income the following
items of otherwise exempt income:
(A) The gross amount of any otherwise exempt pension less
return of investment, if any.
(B) Child support received by the taxpayer.
(C) Inheritances.
Enrolled House Bill 2294 (HB 2294-B) Page 40
(D) Gifts and grants, the sum of which are in excess of $500
per year.
(E) Amounts received by a taxpayer or spouse of a taxpayer for
support from a parent who is not a member of the taxpayer's
household.
(F) Life insurance proceeds.
(G) Accident and health insurance proceeds, except
reimbursement of incurred medical expenses.
(H) Personal injury damages.
(I) Sick pay which is not included in federal adjusted gross
income.
(J) Strike benefits excluded from federal gross income.
(K) Worker's compensation, except for reimbursement of medical
expense.
(L) Military pay and benefits.
(M) Veteran's benefits.
(N) Payments received under the federal Social Security Act
which are excluded from federal gross income.
(O) Welfare payments, except as follows:
(i) Payments for medical care, drugs and medical supplies, if
the payments are not made directly to the welfare recipient;
(ii) In-home services authorized and approved by the Department
of Human Services { - , or by any of its divisions - } ; and
(iii) Direct or indirect reimbursement of expenses paid or
incurred for participation in work or training programs.
(P) Nontaxable dividends.
(Q) Nontaxable interest not included in federal adjusted gross
income.
(R) Rental allowance paid to a minister that is excluded from
federal gross income.
(S) Income from sources without the United States that is
excluded from federal gross income.
(b) Adjusted gross income shall be increased due to the
disallowance of the following deductions:
(A) The amount of the net loss, in excess of $1,000, from all
dispositions of tangible or intangible properties.
(B) The amount of the net loss, in excess of $1,000, from the
operation of a farm or farms.
(C) The amount of the net loss, in excess of $1,000, from all
operations of a trade or business, profession or other activity
entered into for the production or collection of income.
(D) The amount of the net loss, in excess of $1,000, from
tangible or intangible property held for the production of rents,
royalties or other income.
(E) The amount of any net operating loss carryovers or
carrybacks included in federal adjusted gross income.
(F) The amount, in excess of $5,000, of the combined deductions
or other allowances for depreciation, amortization or depletion.
(G) The amount added or subtracted, as required within the
context of this section, for adjustments made under ORS 316.680
(2)(d) and 316.707 to 316.737.
(c) 'Income' does not include any of the following:
(A) Any governmental grant which must be used by the taxpayer
for rehabilitation of the homestead of the taxpayer.
(B) The amount of any payments made pursuant to ORS 310.630 to
310.706.
(C) Any refund of Oregon personal income taxes that were
imposed under ORS chapter 316.
(8) 'Contract rent' means rental paid to the landlord for the
right to occupy a homestead, including the right to use the
Enrolled House Bill 2294 (HB 2294-B) Page 41
personal property located therein. 'Contract rent' does not
include rental paid for the right to occupy a homestead that is
exempt from taxation, unless payments in lieu of taxes of 10
percent or more of the rental exclusive of fuel and utilities are
made on behalf of the homestead. 'Contract rent' does not include
advanced rental payments for another period and rental deposits,
whether or not expressly set out in the rental agreement, or
payments made to a nonprofit home for the elderly described in
ORS 307.375. If a landlord and tenant have not dealt with each
other at arm's length, and the department is satisfied that the
contract rent charged was excessive, it may adjust the contract
rent to a reasonable amount for purposes of ORS 310.630 to
310.706.
(9) 'Statement of gross rent' means a declaration by the
applicant, under penalties of false swearing, that the amount of
contract rent and fuel and utility payments designated is the
actual amount both incurred and paid during the year for which
elderly rental assistance is claimed.
(10) 'Taxpayer' means an individual who is a resident of this
state on December 31 of the year for which elderly rental
assistance is claimed and whose homestead, as of the same
December 31 and during all or a portion of the year ending on the
same December 31, is rented and while rented is the subject,
directly or indirectly, of property tax levied by this state or a
political subdivision or of payments made in lieu of taxes.
SECTION 54. ORS 343.499 is amended to read:
343.499. (1)(a) There is created the State Interagency
Coordinating Council.
(b) The Governor shall appoint members of the council from a
list of eligible appointees provided by the council and agencies
described in subsection (2) of this section and shall ensure that
the membership of the council reasonably represents the
population of this state.
(c) The Governor shall designate one member of the council to
serve as the chairperson, or if the Governor chooses not to name
a chairperson, the council may elect one of its members to serve
as chairperson. However, any member of the council who represents
the Department of Education may not serve as the chairperson of
the council.
(2) The membership of the council shall be composed as follows:
(a) At least 20 percent of the council members shall be
parents, including minority parents, of preschool children with
disabilities or of children with disabilities who are 12 years of
age or younger who have knowledge of or experience with programs
for infants and toddlers with disabilities. At least one council
member shall be a parent of an infant or toddler with a
disability or of a child with a disability who is six years of
age or younger.
(b) At least 20 percent of the council members shall be public
or private providers of early intervention and early childhood
special education services.
(c) At least one council member shall be a member of the
Legislative Assembly.
(d) At least one council member shall be involved in the
training and preparation of personnel for employment in early
intervention and early childhood special education.
(e) At least one council member shall represent { + the
Department of Human Services. + } { - each of the state
agencies that are involved in the provision of or payment for
services for preschool children with disabilities and their
Enrolled House Bill 2294 (HB 2294-B) Page 42
families and shall have sufficient authority to engage in
policymaking and implementation on behalf of these agencies,
including but not limited to the Department of Education, the
Mental Health and Developmental Disability Services Division, the
State Office for Services to Children and Families, the Health
Division, the Alcohol and Drug Abuse Programs, the Office of
Medical Assistance Programs, the Adult and Family Services
Division, the Department of Consumer and Business Services, the
State Commission on Children and Families and the Child
Development and Rehabilitation Center of the Oregon Health
Sciences University. - }
(f) At least one council member shall represent the federal
Head Start program.
(g) At least one council member shall represent the Child Care
Division of the Employment Department.
{ + (h) At least one council member shall represent the
Department of Education.
(i) At least one council member shall represent the Department
of Consumer and Business Services.
(j) At least one council member shall represent the State
Commission on Children and Families.
(k) At least one council member shall represent the Child
Development and Rehabilitation Center of the Oregon Health
Sciences University. + }
{ - (h) - } { + (L) + } At least one council member shall
be a member of the State Advisory Council for Special Education
created under ORS 343.287.
{ - (i) - } { + (m) + } The council may include other
members appointed by the Governor, including but not limited to
one representative from the United States Bureau of Indian
Affairs or, where there is no school operated or funded by the
bureau, from the Indian Health Service or the tribe or tribal
council.
{ + (3) An individual appointed to represent a state agency
that is involved in the provision of or payment for services for
preschool children with disabilities under subsection (2)(e) and
(h) to (k) of this section shall have sufficient authority to
engage in making and implementing policy on behalf of the
agency. + }
{ - (3) - } { + (4) + } The State Interagency Coordinating
Council shall:
(a) Advise the Superintendent of Public Instruction and the
State Board of Education on unmet needs in the early childhood
special education and early intervention programs for preschool
children with disabilities, review and comment publicly on any
rules proposed by the State Board of Education and the
distribution of funds for the programs and assist the state in
developing and reporting data on and evaluations of the programs
and services.
(b) Advise and assist the represented public agencies regarding
the services and programs they provide to preschool children with
disabilities and their families, including public comments on any
proposed rules affecting the target population and the
distribution of funds for such services, and assist each agency
in developing services that reflect the overall goals for the
target population as adopted by the council.
(c) Advise and assist the Department of Education and other
state agencies in the development and implementation of the
policies that constitute the statewide system.
Enrolled House Bill 2294 (HB 2294-B) Page 43
(d) Assist all appropriate public agencies in achieving the
full participation, coordination and cooperation for
implementation of a statewide system that includes but is not
limited to:
(A) Seeking information from service providers, service
coordinators, parents and others about any federal, state or
local policies that impede timely service delivery; and
(B) Taking steps to ensure that any policy problems identified
under subparagraph (A) of this paragraph are resolved.
(e) Advise and assist the Department of Education in
identifying the sources of fiscal and other support for preschool
services, assigning financial responsibility to the appropriate
agencies and ensuring that the provisions of interagency
agreements under ORS 343.511 are carried out.
(f) Review and comment on each agency's services and policies
regarding services for preschool children with disabilities, or
preschool children who are at risk of developing disabling
conditions, and their families to the maximum extent possible to
assure cost-effective and efficient use of resources.
(g) To the extent appropriate, assist the Department { + of
Education + } in the resolution of disputes.
(h) Advise and assist the Department of Education in the
preparation of applications and amendments thereto.
(i) Advise and assist the Department of Education regarding the
transition of preschool children with disabilities.
(j) Prepare and submit an annual report to the Governor and to
the United States Secretary of Education on the status of early
intervention programs operated within this state.
{ - (4) - } { + (5) + } The council may advise appropriate
agencies about integration of services for preschool children
with disabilities and at-risk preschool children.
{ - (5) - } { + (6) + } Terms of office for council members
shall be three years, except that:
(a) The representative from the State Advisory Council for
Special Education shall serve a one-year term; and
(b) The representatives from other state agencies and the
representative from the Legislative Assembly shall serve
indefinite terms.
{ - (6) - } { + (7) + } Subject to approval by the
Governor, the council may use federal funds appropriated for this
purpose and available to the council to:
(a) Conduct hearings and forums;
(b) Reimburse nonagency council members pursuant to ORS 292.495
for attending council meetings, for performing council duties,
and for necessary expenses, including child care for parent
members;
(c) Pay compensation to a council member if the member is not
employed or if the member must forfeit wages from other
employment when performing official council business;
(d) Hire staff; and
(e) Obtain the services of such professional, technical and
clerical personnel as may be necessary to carry out its
functions.
{ - (7) - } { + (8) + } Except as provided in subsection
{ - (6) - } { + (7) + } of this section, council members shall
serve without compensation.
{ - (8) - } { + (9) + } The Department of Education shall
provide clerical and administrative support, including staff, to
the council to carry out the performance of the council's
function as described in this section.
Enrolled House Bill 2294 (HB 2294-B) Page 44
{ - (9) - } { + (10) + } The council shall meet at least
quarterly. The meetings shall be announced publicly and, to the
extent appropriate, be open and accessible to the general public.
{ - (10) - } { + (11) + } No member of the council shall
cast a vote on any matter that would provide direct financial
benefit to that member or otherwise give the appearance of a
conflict of interest under state law.
SECTION 55. ORS 343.507 is amended to read:
343.507. (1) Each contractor for early childhood special
education and early intervention services shall assist in the
development of a local early intervention interagency advisory
council in every county within the contractor's service area.
(2) Each local early intervention interagency advisory council
shall include as members at least 20 percent parents of preschool
children with disabilities, 20 percent providers of early
childhood special education and early intervention services or
other services to preschool children with disabilities, a
representative of the State Commission on Children and Families
and representatives from public and private agencies that serve
young children and their families, including but not limited to
Head Start and Oregon prekindergartens, community child care, the
Child Care Division of the Employment Department, local school
districts, education service districts, Department of Education
regional special education programs, { - the Health
Division, - } community { - Mental Health and Developmental
Disability Services Division - } { + mental health and
developmental disabilities + } programs,
{ - the State Office for Services to Children and Families, the
Adult and Family Services Division, - } { + Department of Human
Services health programs, child welfare programs and public
assistance programs, + } Indian education agencies, migrant
programs serving young children and community colleges.
(3) Each local early intervention interagency advisory council
shall select its own chairperson and vice chairperson and fix the
duties of its officers.
(4) The department shall establish procedures pursuant to rules
of the State Board of Education for seeking and considering local
council advice regarding the selection of contractors,
coordination of services and procedures for local resolution of
disputes.
SECTION 56. ORS 344.511 is amended to read:
344.511. As used in ORS 344.511 to 344.690 and 344.710 to
344.730:
{ - (1) 'Assistant director' means the Assistant Director for
Vocational Rehabilitation. - }
{ + (1) 'Department' means the Department of Human Services.
(2) 'Director' means the Director of Human Services. + }
{ - (2) - } { + (3) + } 'Disabled individual' means any
person who has a substantial occupational handicap due to a
physical or mental condition except blindness.
{ - (3) 'Division' means the Vocational Rehabilitation
Division established by ORS 344.520. - }
(4) 'Maintenance' means money payments, during vocational
rehabilitation, to individuals with occupational handicaps found
to require financial assistance with respect thereto in order to
effectuate the vocational rehabilitation of such individuals.
(5) 'Occupational handicap' means a physical or mental
condition other than blindness which, regardless of its origin,
constitutes, contributes to, or, if not corrected, will probably
Enrolled House Bill 2294 (HB 2294-B) Page 45
result in, an obstruction to occupational performance or the
condition of being an untrained individual.
(6) 'Occupational licenses' means any license, permit or other
written authority required by any governmental unit to be
obtained in order to engage in any occupation.
(7) 'Occupational tools, equipment and supplies' means such
customary implements, appliances, apparatus, fixtures and
materials as are necessary for the successful prosecution of the
employment objective of an individual with an occupational
handicap.
(8) 'Physical restoration' means any medical, surgical or
therapeutic treatment necessary to correct or substantially
modify an individual's occupational handicap within a reasonable
length of time. The term includes but is not limited to medical,
psychiatric, dental and surgical treatment, nursing services,
hospital and convalescent home care, medical and surgical drugs
and supplies, and prosthetic appliances, excluding curative
treatment for acute or transitory conditions.
(9) 'Prosthetic appliance' means any artificial appliance
designed to support or take the place of a part of the body or to
increase the acuity of a sense organ.
(10) 'Rehabilitation training' means all training provided,
directly or through public or private instrumentalities, to an
individual to compensate for the occupational handicap of the
individual. The term includes but is not limited to manual,
preconditioning, prevocational, vocational and supplementary
training and training provided for the purpose of achieving
broader and more remunerative skills and capacities.
(11) 'Severely handicapped individual' means a disabled
individual who, because of the nature of disabilities, is not
able to participate fully in competitive employment, and for whom
specialized employment opportunities must be provided.
(12) 'Untrained individual' means any person without mental or
physical disability who has a substantial occupational handicap
due to lack of occupational training, experience, skills or other
factors and who is receiving and, in the opinion of the
{ - Adult and Family Services Division - } { + Department of
Human Services + }, probably will continue to receive public
assistance because of the occupational handicap of the
individual.
(13) 'Vocational rehabilitation' and 'vocational rehabilitation
services' mean any services necessary to enable an individual
with an occupational handicap to engage in a remunerative
occupation and include, but are not limited to, medical and
vocational diagnoses, vocational guidance, counseling and
placement, rehabilitation training, physical restoration,
transportation, occupational licenses, occupational tools,
equipment and supplies, maintenance and training books, supplies
and materials.
SECTION 57. ORS 344.530 is amended to read:
344.530. Notwithstanding any other provisions of the law, the
{ - Vocational Rehabilitation Division - } { + Department of
Human Services + } shall perform the following vocational
rehabilitation functions:
{ - (1) Provide for the vocational rehabilitation of all
eligible individuals with occupational disabilities and for their
placement in remunerative occupations. - }
{ - (2) - } { + (1) + } Establish and enforce such rules as
may be necessary to:
Enrolled House Bill 2294 (HB 2294-B) Page 46
(a) Carry out ORS 344.511 to 344.690 and 344.710 to 344.730;
{ + and + }
(b) Safeguard the confidential character of vocational
rehabilitation information and records { + . + } { - ; and - }
{ - (c) Maintain a system of personnel standards, subject to
the State Personnel Relations Law, governing the selection,
appointment and employment upon a merit basis of all personnel
engaged in the administration of the vocational rehabilitation
program. - }
{ - (3) - } { + (2) + } Cooperate with public and private
departments, agencies and institutions in:
(a) Providing for the vocational rehabilitation of individuals
with occupational disabilities;
(b) Studying the problems involved therein; and
(c) Establishing, developing and providing, in conformity with
ORS 344.511 to 344.690 and 344.710 to 344.730, such programs,
facilities and services as may be necessary.
{ - (4) - } { + (3) + } Enter into reciprocal agreements
with other states relative to the provision of vocational
rehabilitation to residents of the states concerned.
{ - (5) - } { + (4) + } Conduct research and compile
statistics relating to the vocational rehabilitation of
individuals with occupational disabilities.
{ - (6) - } { + (5) + } Encourage and assist severely
disabled individuals in the establishment, maintenance and
conduct of appropriate home industries within their capacities
and in the promotion of the sale and distribution of the products
of such home industries. All funds collected or received from
such activities shall be deposited in a permanent special fund in
the State Treasury and shall be used for the operation of such
home industries as determined by the { - division - } { +
department + }.
{ - (7) - } { + (6) + } For rehabilitation facilities:
(a) Establish, conduct and maintain facilities necessary for
the sheltered employment of severely disabled individuals;
(b) Pay the individuals employed in the facilities suitable
wages;
(c) Devise means for the sale and distribution of the products
of the facilities;
(d) Devise a subsidy program, and include a plan for its
funding in each biennial budget submitted to the Legislative
Assembly; and
(e) Take such other action as may be necessary to insure the
successful operation of the facilities established.
{ - (8) - } { + (7) + } All funds collected or received
from activities described in subsection { - (7) - }
{ + (6) + } of this section shall be deposited in the State
Vocational Rehabilitation Account and are appropriated and shall
be used for the operation of facilities necessary for the
sheltered employment of severely disabled individuals as
determined by the { - division - } { + department + }.
{ - (9) Family support services provided by the Vocational
Rehabilitation Division shall be delivered in accordance with the
principles described in ORS 417.342 and 417.344. - }
{ - (10) - } { + (8) + } Take such other action as may be
necessary to carry out ORS 344.511 to 344.690 and 344.710 to
344.730.
SECTION 58. ORS 344.620 is amended to read:
344.620. (1) There is established in the General Fund of the
State Treasury, a State Vocational Rehabilitation Account which
Enrolled House Bill 2294 (HB 2294-B) Page 47
shall consist of all moneys made available to the
{ - Vocational Rehabilitation Division - } { + Department of
Human Services + } for rehabilitation purposes. All moneys in
such special account hereby are appropriated for the purposes of
the administration of ORS 344.511 to 344.690, 344.710 to 344.730
and 344.850.
(2) The State Treasurer is designated custodian of all funds
received from the federal government for the purpose of carrying
out any federal Act pertaining to vocational rehabilitation. The
State Treasurer shall receive such funds and provide for their
custody.
(3) Disbursements from the State Vocational Rehabilitation
Account shall be made as directed by the { - division - }
{ + department + }. The { - division - } { + department + }
shall keep a record of all moneys deposited in such account. The
record shall indicate by separate cumulative accounts the source
from which the moneys are derived and the { - individual
divisional - } { + departmental + } activity against which each
withdrawal is charged.
SECTION 59. ORS 344.685 is amended to read:
344.685. (1) There is established the Vocational Rehabilitation
{ - Division - } Revolving Fund, not to exceed the sum of
$750,000, for the use of the { - Vocational Rehabilitation
Division - } { + Department of Human Services + }. The
revolving fund shall be deposited with the State Treasurer to be
held in a special account against which the { - division - }
{ + department + } may draw checks for the purposes of paying
expenses of vocational rehabilitation services when it is
appropriate to make immediate payments for such services,
including advance payments to applicants for vocational
rehabilitation.
(2) Disbursements from the revolving fund may be made by the
{ - division - } { + department + } and all vouchers for
payments made from the fund shall be approved by the
{ - administrator of the division - } { + Director of Human
Services + }. When payments are so approved, reimbursements shall
be made to the { - division - } { + department + } revolving
fund upon order of the { - Assistant Director for Vocational
Rehabilitation - } { + director + }out of funds in the State
Vocational Rehabilitation Account.
SECTION 60. ORS 344.735 is amended to read:
344.735. (1) There is established a state advisory committee
that shall function solely in an advisory capacity to the
{ - Assistant Director for Vocational Rehabilitation and to the
Vocational Rehabilitation Division - } { + Director of Human
Services on vocational rehabilitation services + }. The
{ - assistant - } director shall appoint members to the
advisory committee. A majority of the advisory committee shall be
disabled persons.
(2) The { - assistant - } director shall include advisory
committee recommendations in the { - division's - }
{ + Department of Human Services' + } decision-making process.
The advisory committee shall:
(a) Collect and study data and other information and offer
advice concerning specialized needs of specific client groups;
(b) Provide liaison between the { - division - }
{ + department + } and the rehabilitation community;
(c) Review and suggest new and revised legislation affecting
the provision of vocational rehabilitation services to Oregon's
disabled;
Enrolled House Bill 2294 (HB 2294-B) Page 48
(d) Study, collect data and offer advice regarding high
priority issues identified by the { - division - }
{ + department + };
(e) Consider items of statewide concern relayed from regional
advisory committees; and
(f) Utilize regional committees as a resource for gathering
information as it relates to the individual areas.
(3) Through the advisory committee, the { - division - }
{ + department + } shall take into account views of individuals
and groups who are recipients of vocational rehabilitation
services, providers of vocational rehabilitation services and
others who are active in the vocational rehabilitation field, in
connection with matters of general policy, program development
and implementation.
SECTION 61. ORS 346.015 is amended to read:
346.015. (1) Prior to convening a meeting to prepare an
individual education plan for a mentally retarded or
developmentally disabled child for whom placement at a school
under ORS 346.010 may be considered, the agency that is providing
the education for the child shall notify the local community
mental health and developmental disabilities program. The
mentally retarded and developmentally disabled program mental
health case manager in consultation with the { - Mental Health
and Developmental Disability Services Division and with the
assistance of a State Office for Services to Children and
Families caseworker - } { + Department of Human Services + }
shall evaluate whether the child also has needs for alternative
residential care or other support services. If the evaluation
determines this to be the case, but documents that community
resources are not available to meet these needs, the school
district may proceed with the meeting to prepare the individual
education plan in which placement at a school under ORS 346.010
may be considered.
(2) An agency providing education under subsection (1) of this
section may initiate the procedure in subsection (1) of this
section for any child who is not mentally retarded or
developmentally disabled when in the agency's judgment a
treatment or residential issue is prompting proposed placement
under ORS 346.010.
(3) No child shall be placed in a facility operated under ORS
346.010 and no school district of residence shall be billed under
ORS 343.243 unless the district superintendent or the
superintendent's designee has signed a statement declaring that
the district cannot provide a free appropriate public education
for the child commensurate with the needs of the child as
identified by the individual education plan of the child and that
the facility is the least restrictive environment in which the
child can be educated.
(4) By rule, the State Board of Education shall determine
procedures to be followed by local education agencies in carrying
out this section.
SECTION 62. ORS 409.070 is amended to read:
409.070. (1) There is established a Department of Human
Services Special Checking Account in the State Treasury. Upon the
written request of the Director of Human Services, the Oregon
Department of Administrative Services shall draw payments in
favor of the Department of Human Services to be charged against
appropriations and other moneys available to the Department of
Human Services in the same manner as other claims against the
state, as provided in ORS chapter 293. All such payments shall be
Enrolled House Bill 2294 (HB 2294-B) Page 49
deposited in the special checking account and may be disbursed by
check or other means acceptable to the State Treasurer.
(2) The special checking account may be used for the purpose of
paying the administrative expenses of programs and services as
assigned to the Department of Human Services by law, including
the payment of expenses to be reimbursed by the federal
government.
(3) In addition to the authority provided in ORS 293.180, the
Department of Human Services may establish petty cash funds out
of the special checking account or any account established in the
State Treasury for the department { - or its divisions - } .
Small cash disbursements to pay the expenses of the department
{ - or its divisions - } may be made from a petty cash fund.
Periodically, the department shall request reimbursement for
disbursements made from a petty cash fund. Upon receipt of a
reimbursement payment from an appropriate account, the department
shall use the payment to reimburse the petty cash fund.
SECTION 63. ORS 409.080 is amended to read:
409.080. Notwithstanding any other law, the Department of Human
Services may, with the approval of the Oregon Department of
Administrative Services and the State Treasurer, combine or
eliminate any accounts that are established in statute within the
authority of the Department of Human Services { - or its
divisions - } when the Department of Human Services determines
that economy and efficiency in operations can be obtained and
that the combination or elimination of accounts does not
substantially alter the intent of the authorizing statutes. When
accounts are combined, the Department of Human Services retains
the authority granted by the statutes establishing the accounts.
SECTION 64. ORS 409.110 is amended to read:
409.110. (1) The Director of Human Services, consistent with
any federal requirements and with the prior consent of the
Governor:
(a) May cause the { - programs, divisions, other - }
organizational units { - and offices - } within the Department
of Human Services to make joint use of the personnel, resources,
information and facilities available within the department;
(b) May combine or transfer components of { - existing
programs, divisions, other - } organizational units { - and
offices - } within the department; and
(c) May organize and reorganize the department in the manner
the director considers necessary to properly conduct the work of
the department consistent with federal requirements and after
consultation with parties affected by such change, including but
not limited to service providers, advisory committees and county
governments.
{ - (2) When the action taken under subsection (1) of this
section requires any transfer between appropriations or
expenditure limitations or between the budgets of programs,
divisions, other organizational units and offices within the
department, established by legislative action, the transfer first
must be approved by the Legislative Assembly or, if it is not in
session, the Emergency Board. - }
{ - (3) Consistent with federal requirements, the director
has the same power, duty, function or authority that is vested in
any division or office of the department or any personnel in the
department. The director may delegate any power, duty, function
or authority in accordance with ORS 409.120. - }
{ - (4) - } { + (2) + } The director may make financial
grants to local units of government, nonprofit organizations and
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individuals from funds appropriated by the Legislative Assembly
to carry out the department's responsibilities.
SECTION 65. ORS 409.130 is amended to read:
409.130. (1) The Director of Human Services may appoint a
deputy director, whose appointment is subject to approval by the
Governor and who shall serve at the pleasure of the director. The
deputy director shall have full authority to act for the
director, subject to directions of the director. The appointment
of the deputy director shall be by written order, filed with the
Secretary of State.
{ - (2) Each division or office within the Department of
Human Services shall be under the supervision of an assistant
director appointed by the director. The assistant director's
appointment is subject to approval by the Governor. The assistant
director serves at the pleasure of the director. - }
{ - (3) Except as provided in subsection (1) of this section
and subject to any applicable provisions of the State Personnel
Relations Law, the director may appoint employees within the
office of the director of the department, prescribe their
functions and fix their compensation. - }
{ - (4) - } { + (2) + } { - In addition to the assistant
directors specified in subsection (2) of this section, the - }
{ + The + } director may appoint
{ - other - } assistant directors { + as necessary + } to
carry out { - such other responsibilities as the director may
assign - } { + the responsibilities of the Department of Human
Services. The appointment of each assistant director is subject
to approval by the Governor. An assistant director serves at the
pleasure of the director + }.
SECTION 66. ORS 409.150 is amended to read:
409.150. Assistant directors appointed under ORS 409.130 shall
be in the unclassified service of the state and shall receive
such salaries as may be provided by law. With the approval of the
Director { + of Human Services + }, each assistant director
{ - supervising a division - } may appoint { - one deputy
and one secretary - } { + deputies and secretarial staff as
necessary to conduct the work of the department + } who shall be
in the unclassified service and receive such salaries as may be
provided by law. In addition to their salaries, they shall,
subject to the limitations otherwise provided by law, be
reimbursed for all expenses actually and necessarily incurred in
the performance of official duties.
SECTION 67. ORS 409.160 is amended to read:
409.160. (1) The Director of Human Services shall require from
the personnel within the department such information, reports and
documentation, as the director, in the discretion of the
director, determines will be necessary to enable the director to:
(a) Execute responsibilities pursuant to law.
(b) Develop and report to the Governor from time to time on
legislative, budgetary and administrative programs to accomplish
comprehensive, long-range, coordinated planning and policy
formulation in the matters of public interest related to the
department.
(c) File with the Oregon Department of Administrative Services,
for purposes of ORS 291.208, a budget report for { - each
program, division, other organizational unit or office within - }
the department.
(2) Where such information, reports or documentation is
confidential in the hands of departmental personnel, it shall be
confidential in the hands of the director.
Enrolled House Bill 2294 (HB 2294-B) Page 51
SECTION 68. ORS 409.185 is amended to read:
409.185. { - (1) The State Office for Services to Children
and Families is established in the Department of Human
Services. - }
{ - (2) The Assistant Director for Services to Children and
Families shall be appointed by the Director of Human Services
subject to approval by the Governor from among persons well
qualified by training and experience to provide the services
described in ORS 409.190. The assistant director shall serve at
the pleasure of the director. - }
{ - (3) The assistant director shall hire and supervise
qualified personnel required to provide the services described in
ORS 409.190, and may contract as necessary with appropriate
public and private providers for such services. - }
{ - (4) - } { + (1) + } The { - assistant director - }
{ + Director of Human Services + } shall oversee the development
of standards and procedures for assessment, investigation and
enforcement of child protective services.
{ - (5)(a) - } { + (2)(a) + } The { - office - }
{ + Department of Human Services + } shall take action to
implement the provision of child protective services as outlined
in ORS 417.705 to 417.797 and 419A.170 and based on the
recommendations in the 1992 'Oregon Child Protective Services
Performance Study' published by the University of Southern Maine.
(b) In all substantiated cases of child abuse and neglect, the
role of the { - State Office for Services to Children and
Families - } { + department + } is to complete a comprehensive
family assessment of risk of abuse or neglect, or both, assess
service needs and provide immediate protective services as
necessary.
(c) The { - office - } { + department + } shall provide
remedial services needed to ensure the safety of the child.
(d) In all cases of abuse and neglect when a criminal
investigation occurs, the role of law enforcement agencies is to
provide a legally sound, child sensitive investigation of whether
abuse or neglect or both have occurred and to gather other
evidence and perform other responsibilities in accordance with
interagency agreements.
(e) The { - office - } { + department + } and law
enforcement agencies shall conduct the investigation and
assessment concurrently, based upon the protocols and procedures
of the multidisciplinary team in each jurisdiction.
(f) When the { - office - } { + department + } and law
enforcement agencies conduct a joint investigation and
assessment, the activities of the { - office - }
{ + department + } and agencies are to be clearly differentiated
by the protocols of the multidisciplinary team.
(g) Nothing in this subsection is intended to be inconsistent
with ORS 418.747, 418.748 and 418.749 and ORS chapter 419B.
SECTION 69. ORS 409.225 is amended to read:
409.225. (1) In the interest of family privacy and for the
protection of children, families and other recipients of
services, the { - State Office for Services to Children and
Families - } { + Department of Human Services + }shall not
disclose or use the contents of any { + child welfare + }
records, files, papers or communications that contain any
information about an individual child, family or other recipient
of services for purposes other than those directly connected with
the administration of child welfare laws or unless required or
authorized by ORS 419A.255 or 419B.035. The records, files,
Enrolled House Bill 2294 (HB 2294-B) Page 52
papers and communications are confidential and are not available
for public inspection. General information, policy statements,
statistical reports or similar compilations of data are not
confidential unless such information is identified with an
individual child, family or other recipient of services or
protected by other provision of law.
(2) Notwithstanding subsection (1) of this section, unless
exempt from disclosure under ORS chapter 192, the { - State
Office for Services to Children and Families - } { + department
+ }shall disclose { + child welfare + } records:
(a) About a recipient of services, to the recipient if the
recipient is 18 years of age or older or is legally emancipated,
unless prohibited by court order;
(b) Regarding a specific individual if the individual gives
written authorization to release confidential information;
(c) Concerning a child receiving services on a voluntary basis,
to the child's parent or legal guardian;
(d) To the juvenile court in proceedings regarding the child;
and
(e) Concerning a child who is or has been in the custody of the
{ - State Office for Services to Children and Families - } { +
department + }, to the child's parent or legal guardian except:
(A) When the child objects; or
(B) If disclosure would be contrary to the best interests of
any child or could be harmful to the person caring for the child.
(3) Notwithstanding subsection (1) of this section, unless
exempt from disclosure under ORS chapter 192, the { - State
Office for Services to Children and Families - } { + department
+ }shall disclose { + child welfare + } records, if in the
best interests of the child, to:
{ - (a) Employees of the Department of Human Services to the
extent necessary to perform their official duties or to provide
services to the child or family; - }
{ - (b) - } { + (a) + } Treatment providers, foster
parents, adoptive parents, school officials or other persons
providing services to the child or family to the extent that such
disclosure is necessary to provide services to the child or
family; or
{ - (c) - } { + (b) + } A person designated as a member of
a sensitive review committee convened by the Director of
{ - the State Office for Services to Children and Families - }
{ + Human Services + } when the purpose of the committee is to
determine whether the { - State Office for Services to Children
and Families - } { + department + } acted appropriately and to
make recommendations to the { - State Office for Services to
Children and Families - } { + department + } regarding policy
and practice.
(4) Any record disclosed under subsection (1), (2) or (3) of
this section shall be kept confidential by the person or entity
to whom the record is disclosed and shall be used only for the
purpose for which disclosure was made.
(5) Unless exempt from disclosure under ORS chapter 192, when
an adult who is the subject of information made confidential by
subsection (1) of this section publicly reveals or causes to be
revealed any significant part of the confidential matter or
information, the protections afforded by subsection (1) of this
section are presumed voluntarily waived and confidential
information about the person making or causing the public
disclosure, not already disclosed but related to the information
made public, may be disclosed if disclosure is in the best
Enrolled House Bill 2294 (HB 2294-B) Page 53
interests of the child or necessary to the administration of the
child welfare laws.
(6) Notwithstanding subsection (1) of this section, unless
exempt from disclosure under ORS chapter 192, the { - State
Office for Services to Children and Families - } { + department
+ }shall disclose information related to the { - office's - }
{ + department's + } activities and responsibilities in a case
where child abuse or neglect has resulted in a child fatality or
near fatality or where an adult has been charged with a crime
related to child abuse or neglect.
(7) Notwithstanding subsections (2), (3), (5) and (6) of this
section, ORS 192.501 (3) shall apply to investigatory information
compiled for criminal law purposes that may be in the possession
of the { - State Office for Services to Children and
Families. - } { + department. + }
(8) As used in this section, 'adult' means a person who is 18
years of age or older.
SECTION 70. ORS 409.230 is amended to read:
409.230. (1) Information contained in { - State Office for
Services to Children and Families - } { + Department of Human
Services + } reports and other { - office - } materials
relating to a child's history and prognosis that, in the
professional judgment of the person providing the information for
the reports or other materials, indicates a clear and immediate
danger to another person or to society shall be disclosed to the
appropriate authority and the person or entity who is in danger
from the child.
(2) An agency or a person who discloses information under
subsection (1) of this section shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or
imposed for making the disclosure. The disclosure of information
under this section does not make the information admissible in
any court or administrative proceeding if it is not otherwise
admissible.
SECTION 71. ORS 409.270 is amended to read:
409.270. As used in ORS 409.273 to 409.285:
{ - (1) 'Assistant director' means the Assistant Director for
Services to Children and Families. - }
{ - (2) - } { + (1) + } 'Crisis line' means an emergency
telephone service staffed by persons who are trained to provide
emergency peer counseling, information, referral and advocacy to
victims of sexual offenses and their families.
{ + (2) 'Director' means the Director of Human Services. + }
SECTION 72. ORS 409.310 is amended to read:
409.310. { - (1) The Health Division is created in the
Department of Human Services. The Health Division shall be
responsible for the administration of health and health-related
affairs in this state as provided by law, including but not
limited to public health services, migrant health services,
licensing of health facilities, and coordinating the activities
of professional and occupational licensing boards. - }
{ - (2) The Health Division shall provide necessary staff
assistance and services to, and shall have full authority and
responsibility for, all administrative matters in connection with
the functioning of the division. - }
{ - (3) - } It is the intention of the Legislative Assembly
to provide for the more effective coordination of the
administrative functions of boards charged with responsibility
for protecting the public through the licensing and regulating of
health-related professions practiced in this state. Further, it
Enrolled House Bill 2294 (HB 2294-B) Page 54
is the intention of the Legislative Assembly to retain
responsibility and authority in the professional licensing
boards, members of which are qualified by education, training and
experience to make the necessary judgments, for decisions on
qualifications, standards of practice, licensing, enforcement,
discipline and other discretionary functions relating to
professional activities. The professional licensing boards shall
have authority to employ such personnel as they consider
necessary to carry out their respective functions and shall
maintain full budgetary control over the boards' expenditures and
their recommendations for legislation including but not limited
to appropriations. Expenditures are subject to the allotment
system under ORS 291.232 to 291.260 and rules adopted thereunder.
Budgets shall be prepared pursuant to ORS 291.201 to 291.226 and
rules adopted thereunder.
SECTION 73. ORS 409.410 is amended to read:
409.410. (1) The Director of Human Services shall { - appoint
an Assistant Director for Alcohol and Drug Abuse Programs. The
Assistant Director for Alcohol and Drug Abuse Programs shall have
full responsibility to - } administer all alcohol and drug abuse
programs, { - including the funds appropriated therefor, that
would otherwise be the responsibility of the Mental Health and
Developmental Disability Services Division, - } including but
not limited to programs or components of programs described in
ORS 430.397 to 430.401, ORS chapter 430, 475.225, 743.557,
743.558 and ORS chapters 801 to 822.
(2) Subject to ORS 417.300 and 417.305, the { - Assistant
Director for Alcohol and Drug Abuse Programs - } { + director
+ }shall:
(a) Report to the Legislative Assembly on accomplishments and
issues occurring during each biennium, and report on a new
biennial plan describing resources, needs and priorities for all
alcohol and drug abuse programs.
(b) Develop within the Department of Human Services priorities
for alcohol and drug abuse programs and activities.
(c) Monitor the priorities of approved alcohol and drug abuse
related programs in all other state agencies.
(d) Conduct statewide and special planning processes which
provide for participation from state and local agencies, groups
and individuals.
(e) Identify the needs of special populations including
minorities, elderly, youth, women and individuals with
disabilities.
(f) Subject to ORS 183.310 to 183.550, adopt such rules as are
necessary for the performance of the duties and functions
specified by this section, ORS 409.010 and 430.255 to 430.630, or
otherwise lawfully delegated.
(3) The { - Assistant Director for Alcohol and Drug Abuse
Programs - } { + director + } may apply for, receive and
administer funds, including federal funds and grants, from
sources other than the state. Subject to expenditure limitation
set by the Legislative Assembly, funds received under this
subsection may be expended by the { - assistant - } director:
(a) For the study, prevention or treatment of alcohol and drug
abuse and dependence in this state.
(b) To provide training, both within this state and in other
states, in the prevention and treatment of alcohol and drug abuse
and dependence.
SECTION 74. ORS 409.710 is amended to read:
Enrolled House Bill 2294 (HB 2294-B) Page 55
409.710. (1) The Department of Human Services { - or any
division or office in the department - } shall not refer any
individual on a job referral that would aid in the filling of a
job opening that exists because of a labor dispute, as defined in
ORS 662.010.
(2)(a) Notwithstanding any other provision of law, { - no
division of - } { + neither + } the department { - of Human
Services, or - } { + nor + } any other state agency
{ - shall - } { + may + } require as a condition of
eligibility to receive benefits or services provided by that
{ - division - } { + department + } or agency that an
individual apply for or accept employment at any workplace where
there is a labor dispute in progress.
(b) As used in this subsection, 'labor dispute' has the meaning
for that term provided in ORS 662.010.
SECTION 75. ORS 410.040 is amended to read:
410.040. As used in ORS 409.010, 410.040 to 410.320, 411.590
and 441.630:
(1) 'Appropriate living arrangement' means any arrangement for
an elderly citizen or disabled citizen in a residential setting
which is appropriate for the individual considering, in order of
priority, the following criteria:
(a) Personal desires and goals of the individual;
(b) The right of the individual to live as independently as
possible, in the least restrictive environment; and
(c) The cost of the living arrangement compared to other types
of living arrangements, based on the criteria in paragraphs (a)
and (b) of this subsection.
(2) 'Area agency' means:
(a) An established or proposed type A or type B Area Agency on
Aging within a planning and service area designated under Section
305 of the Older Americans Act; or
(b) Any public or nonprofit private agency which is designated
as a type A or type B Area Agency on Aging under Section 305 of
the Older Americans Act.
(3) 'Area agency board' means the local policy-making board
which directs the actions of the area agency within state and
federal laws and regulations.
{ + (4) 'Department' means the Department of Human
Services. + }
{ - (4) - } { + (5) + } 'Disabled person' means a person
with a physical or mental disability:
(a) Who is eligible for Supplemental Security Income or for
general assistance; and
(b) Who meets one of the following criteria:
(A) Is mentally retarded { + , + } { - or - }
developmentally disabled { + or mentally or emotionally
disturbed + } and resides in or needs placement in a residential
program administered by the { + department + }
{ - Senior and Disabled Services Division - } .
{ - (B) Is mentally or emotionally disturbed and resides in
or needs placement in a residential program administered by the
Senior and Disabled Services Division. - }
{ - (C) - } { + (B) + } Is an alcohol or drug abuser and
resides in or needs placement in a residential program
administered by the
{ - Senior and Disabled Services Division - } { +
department + }.
Enrolled House Bill 2294 (HB 2294-B) Page 56
{ - (D) - } { + (C) + } Has a physical or mental disability
other than those described in subparagraphs (A) { - to (C) - }
{ + and (B) + } of this paragraph.
{ - (5) 'Division' means the Senior and Disabled Services
Division of the Department of Human Services. - }
(6) 'Elderly' or 'elderly persons' means persons who are served
by type A area agencies or type B area agencies or by the
{ - Senior and Disabled Services Division - }
{ + department + } and who are 60 years of age or older.
(7) 'Local government' means a political subdivision of the
state whose authority is general or a combination of units of
general purpose local governments.
(8) 'Preadmission screening' means a professional program
within the { - Senior and Disabled Services Division - }
{ + department + } or type B area agencies, with staff that
includes registered nurses and social workers, that assesses the
needs of clients and recommends appropriate placements in
residential programs administered by the { - Senior and
Disabled Services Division - } { + department + } or type B
area agencies.
(9) 'Protective services' means a service to be provided by the
{ - Senior and Disabled Services Division - }
{ + department + } directly or through type B area agencies, in
response to the need for protection from harm or neglect to
elderly persons and disabled persons.
(10) 'Title XIX' means { - the - } { + long term care and
health services + } programs in Title XIX of the Social Security
Act { + available to elderly persons and disabled persons. + }
{ - transferred from the long term care unit of the health and
social services section of the Adult and Family Services Division
to the Senior and Disabled Services Division but does not include
Title XIX programs, other than home health, personal care and
nursing home programs, or Title XIX programs in other divisions
of the Department of Human Services. - }
(11) 'Type A area agency' means an area agency:
(a) For which either the local government or the area agency
board does not agree to accept local administrative
responsibility for Title XIX; and
(b) That provides a service to elderly persons.
(12) 'Type B area agency' means an area agency:
(a) For which the local government agrees to accept local
administrative responsibility for Title XIX;
(b) That provides a service to elderly persons or to elderly
persons and disabled persons who require services similar to
those required by elderly persons; and
(c) That uses the term 'disabled services' or 'disability
services' in its title to communicate the fact that it provides
services to both populations described in paragraph (b) of this
subsection.
SECTION 76. ORS 410.060 is amended to read:
410.060. (1) It is the policy of the State of Oregon that
disabled persons served by the { - Senior and Disabled Services
Division, or any designated state agency, - } { + Department of
Human Services + } shall also receive necessary services, as
appropriate for their needs, from other state agencies { - and
divisions - } .
(2) In carrying out the provisions in subsection (1) of this
section, the Department of Human Services shall { - insure that
the Senior and Disabled Services Division, or any designated
Enrolled House Bill 2294 (HB 2294-B) Page 57
state agency, negotiates - } { + negotiate + } interagency
agreements and
{ - coordinates - } { + coordinate + } services with the
{ - Mental Health and Developmental Disability Services
Division, Vocational Rehabilitation Division, - } Employment
Department { - , State Office for Services to Children and
Families - } and the Department of Education for the provision
of appropriate services to disabled clients of the { - Senior
and Disabled Services Division, or any designated state
agency - } { + Department of Human Services + }.
(3)(a) Prior to approval of an appropriate living arrangement,
as defined in ORS 410.040, administered by the
{ - Senior and Disabled Services Division, or any designated
state agency - } { + Department of Human Services + }, all
disabled persons shall be assessed by preadmission screening to
insure the appropriateness of the living arrangement.
(b) If a disabled person is diagnosed as, or is reasonably
believed to be, mentally retarded or developmentally disabled,
preadmission screening shall include { + an + } assessment by
the { + Developmental Disability + } Diagnosis and Evaluation
Service { + established under ORS 427.104. + } { - of the
Mental Health and Developmental Disability Services Division. - }
(4) The { - Senior and Disabled Services Division, or any
designated state agency, - } { + Department of Human
Services + } in coordination with { - the Mental Health and
Developmental Disability Services Division, State Office for
Services to Children and Families, Vocational Rehabilitation
Division and - } the Department of Education shall work with
nursing homes which have one or more residents under 18 years of
age to develop a program appropriate to the needs of such
residents.
SECTION 77. ORS 410.070 is amended to read:
410.070. { - (1) The Senior and Disabled Services Division is
created in the Department of Human Services. The division shall
administer laws and programs relating to social, health and
protective services to elderly persons and disabled persons, and
shall promote the hiring of otherwise qualified persons who are
certifiably disabled for positions within the programs it
manages. Family support services provided by the Senior and
Disabled Services Division shall be delivered in accordance with
the principles described in ORS 417.342 and 417.344. - }
{ - (2) - } { + (1) + } The { - division - }
{ + Department of Human Services + } shall:
(a) Serve as the central state agency with primary
responsibility for the planning, coordination, development and
evaluation of policy, programs and services for elderly persons
and disabled persons in Oregon.
(b) Function as the designated state unit on aging, as defined
in the Older Americans Act of 1965.
(c) With the advice of the Governor's Commission on Senior
Services and the Oregon Disabilities Commission, develop
long-range state plans for programs, services and activities for
elderly persons and disabled persons. State plans should be
revised { - annually - } { + biennially + } and should be
based on area agency plans, statewide priorities and state and
federal requirements.
(d) Have the authority to transfer state and federal funds,
except Title III of the Older Americans Act funds, from one area
agency to another area agency or from one program or service to
Enrolled House Bill 2294 (HB 2294-B) Page 58
another program or service after consultation with the area
agencies involved in the transfer. However, no area agency shall
suffer a reduction in state or federal funds due to increased
local funds.
(e) Receive and disburse all federal and state funds allocated
to the { - division - } { + department + } and solicit,
accept and administer grants, including federal grants or gifts
made to the
{ - division - } { + department + } or to the state and enter
into contracts with private entities for the purpose of providing
or contracting for case management services for long term care
insurance for the benefit of elderly persons and disabled persons
in this state.
(f) Provide technical, training and program assistance to area
agencies and assist them to provide such assistance to public and
private agencies and organizations.
(g) Assist area agencies to stimulate more effective use of
existing resources and services for elderly persons and develop
programs, opportunities and services which are not otherwise
provided for elderly persons, with the aim of developing a
comprehensive and coordinated system for the delivery of social
services to elderly persons.
(h) Assist local { - division units - } { + department
offices + } and area agencies which have assumed responsibility
for disabled services to stimulate more effective use of existing
resources and to develop programs, opportunities and services
which are not otherwise provided for disabled persons, with the
aim of developing a comprehensive and coordinated system for the
delivery of social services to disabled persons.
(i) Serve within government and in the state at large as an
advocate for elderly persons and disabled persons by holding
hearings and conducting studies or investigations concerning
matters affecting the health, safety and welfare of elderly
persons and disabled persons and by assisting elderly persons and
disabled persons to assure their rights to apply for and receive
services and to be given fair hearings when such services are
denied.
(j) Process fiscal and client data for all area agencies.
(k) Conduct regulatory functions with regard to program
operation, by adopting rules for providing social services,
including protective services, to elderly persons and disabled
persons who need services that the { - division - }
{ + department + } or area agencies are authorized to provide
and rules for standard rate setting and quality assurance.
(L) Provide information and technical assistance to the
Governor's Commission on Senior Services, the Oregon Disabilities
Commission and the Medicaid Long Term Care Quality and
Reimbursement Advisory Council and keep the commissions and the
council continually informed of the activities of the
{ - division - } { + department + }.
(m) Make recommendations for legislative action to the Governor
and to the Legislative Assembly, after consultation with the
Governor's Commission on Senior Services, the Oregon Disabilities
Commission and the Medicaid Long Term Care Quality and
Reimbursement Advisory Council.
(n) Conduct research and other appropriate activities to
determine the needs of elderly persons and disabled persons in
this state, including, but not limited to, their needs for social
and health services, and to determine what existing services and
Enrolled House Bill 2294 (HB 2294-B) Page 59
facilities, private and public, are available to elderly persons
and disabled persons to meet those needs.
(o) Maintain a clearinghouse for information related to the
needs and interests of elderly persons and disabled persons.
(p) Provide area agencies with assistance in applying for
federal, state and private grants and identifying new funding
sources.
{ - (3) - } { + (2) + } In addition to the requirements of
subsection { - (2) - } { + (1) + } of this section, the
{ - division - } { + department + } shall:
(a) Determine type A and type B area agencies annual budget
levels for Oregon Project Independence and Title III of the Older
Americans Act expenditures.
(b) For type B area agencies:
(A) Determine annual budget levels for planning Title XIX
reimbursed services. In determining the budget levels, the
{ - division - } { + department + } shall retain contingency
reserves against overruns and transfers in use of Title XIX
funds.
(B) Provide timely management information so the area agencies
and the { - division's - } { + department's + }disability
services units can manage Title XIX reimbursements within
budgeted levels.
(C) Determine annual budget levels for planning and
administering programs relating to social, health, independent
living and protective services for disabled persons for the
{ - division's - } { + department's + } disability services
units and type B area agencies which have assumed local
responsibility for the programs and clients transferred under
{ - subsection (2) of - } section 2 { + (2) + }, chapter 787,
Oregon Laws 1989.
(c) Make payments for services within a central processing
system for:
(A) A type A area agency, at the request of the agency, for
Oregon Project Independence or Title III of the Older Americans
Act expenditures, or both.
(B) A type B area agency, for Title XIX and Oregon Project
Independence expenditures, and at the request of the agency, for
Title III of the Older Americans Act expenditures.
(d) Assume program responsibility for Title XIX programs in
areas served by type A area agencies and in areas where no area
agency is designated.
(e) Assume planning and program responsibilities for disabled
persons in areas served by type A area agencies, in areas served
by type B agencies that serve only elderly persons and in areas
where no area agency exists.
{ - (4) - } { + (3) + } When developing programs affecting
elderly persons, the { - division - } { + department + }
shall consult with the Governor's Commission on Senior Services.
{ - (5) - } { + (4) + } When developing programs affecting
disabled persons, the { - division - } { + department + }
shall consult with the Oregon Disabilities Commission.
SECTION 78. ORS 410.100 is amended to read:
410.100. (1) In the event that a local government withdraws the
designation of an area agency, or the { - Senior and Disabled
Services Division - } { + Department of Human Services + }
withdraws the area agency designation in accordance with the
Older Americans Act, the
Enrolled House Bill 2294 (HB 2294-B) Page 60
{ - division - } { + department + } shall administer the
services to clients previously performed by the area agency until
a new area agency is designated.
(2) The { - division - } { + department + } may withdraw
any particular program or service, except Title III of the Older
Americans Act programs, from the area agency, and administer such
programs and services. Before such action is taken, the
{ - division - } { + department + } must consult with the
director of the area agency and the chief elected official of the
affected local government. Such action shall be taken by the
{ - division - } { + department + } only when it can be shown
the federal or state laws or rules have not been complied with,
state or federal funds are not being expended for the purposes
for which they were intended, or the elderly are not receiving
appropriate services within available resources. Withdrawal of
any particular program or service is appealable to
{ - the Director of Human Services and - } the Governor
{ + after requesting a reconsideration by the Director of Human
Services + }.
SECTION 79. ORS 410.210 is amended to read:
410.210. (1) Each area agency shall have an area agency
advisory council, with members appointed by the area agency
board.
(a) For a type A area agency, membership of the council shall
include consumers of services { + provided primarily to elderly
persons + } under { - Senior and Disabled Services Division - }
{ + Department of Human Services + } programs, including low
income and minority persons.
(b) A type B area agency that serves elderly and disabled
persons shall have two advisory councils. One shall include
persons described in paragraph (a) of this subsection. The second
shall be a disability services advisory council. That council
shall have as a majority of its members disabled persons and
shall include consumers of services and other interested persons.
Any disability services advisory council in existence at the time
the area agency assumes responsibility for providing services to
disabled persons shall become the disability services advisory
council for the area agency.
(2) Each area agency advisory council shall:
(a) Recommend basic policy guidelines for the administration of
the activities of the area agencies on behalf of elderly persons
or disabled persons, and advise the area agency on questions of
policy.
(b) Advise the area agency with respect to development of the
area plan and budget, and review and comment on the completed
area plan and budget before its transmittal to the
{ - Assistant Director for Senior and Disabled Services - }
{ + Director of Human Services + }.
(c) Review and evaluate the effectiveness of the area agency in
meeting the needs of elderly persons or disabled persons in the
planning and service area.
(d) Meet at least quarterly. The meetings are subject to ORS
192.610 to 192.690.
SECTION 80. ORS 410.270 is amended to read:
410.270. (1) A local government shall be responsible for all
actions of a type B area agency in its jurisdiction, including
but not limited to the accountability for funds and compliance
with federal and state laws and rules. Such responsibility shall
include all geographic areas in which the type B area agency is
designated to operate.
Enrolled House Bill 2294 (HB 2294-B) Page 61
(2) The respective local government shall appoint a director of
the type B area agency in its jurisdiction who must meet minimum
qualifications established by the { - Senior and Disabled
Services Division - } { + Department of Human Services + }. The
director shall serve with the continuing approval of the
{ - Assistant Director for Senior and Disabled Services - }
{ + Director of Human Services + }. Continuing approval may be
withdrawn by the { - assistant director - } { + Director of
Human Services + } only when it can be shown that the state or
federal rules have not been complied with by the type B area
agency, state or federal funds are not being expended for the
purposes for which they were intended or the elderly are not
receiving appropriate services within available funds.
Withdrawal of continuing approval is appealable to { - the
Director of Human Services and - } the Governor by the local
government { + after requesting a reconsideration by the
Director of Human Services + }.
SECTION 81. ORS 410.300 is amended to read:
410.300. (1) A type B area agency may contract with the
{ - Senior and Disabled Services Division - } { + Department
of Human Services + } for services of state employees or have
such employees transferred to employment by the area agency by
transfer agreement.
(2) State employees whose services have been contracted to a
type B area agency shall be supervised for program purposes by
the area agency.
(3) If state employees are transferred to a type B area agency,
the provisions of ORS 236.610 to 236.640 shall apply.
(4) Prior to transfer of any state employee to any other public
employer under ORS 327.525, 409.010, 410.040 to 410.320, 411.590
and 441.630, at a date to be determined by the { - Assistant
Director for Senior and Disabled Services - } { + Director of
Human Services + }, each type B area agency shall prepare a plan
in coordination with local staff of the { - Adult and Family
Services Division - } { + department + } for implementation of
ORS 327.525, 409.010, 410.040 to 410.320, 411.590 and 441.630.
The plan shall show how statutory responsibilities are to be met
and how all staff are to be utilized.
SECTION 82. ORS 410.320 is amended to read:
410.320. (1) The Governor's Commission on Senior Services is
created. The commission shall consist of at least 21 members
appointed by the Governor for terms of three years.
(2) Prior to making appointments, the Governor shall request
and consider recommendations from the area agencies on aging and
other interested senior organizations. The Governor shall
designate a member to serve at the pleasure of the Governor as
chairperson for a term of two years with such duties as the
Governor shall prescribe. The membership of the commission shall
be composed of persons broadly representative of major public and
private agencies who are experienced in or have demonstrated
particular interest in the special needs of elderly persons,
including persons who have been active in organizations and
advocates on behalf of elderly persons. Additionally, membership
shall include persons who are active in advocacy organizations
representing the interests of disabled persons who are served in
programs under the { - Senior and Disabled Services
Division - } { + Department of Human Services + } and consumers
of services { + provided primarily to elderly persons and
disabled persons + } under { - the Senior and Disabled Services
Division - } { + department + } programs, including low income,
Enrolled House Bill 2294 (HB 2294-B) Page 62
minority and disabled persons. At least a majority of members
shall be 60 years of age or older.
(3) The Governor's Commission on Senior Services shall advise
the Governor { - , - } { + and + } the Director of Human
Services { - and the Assistant Director for Senior and Disabled
Services - } on needs of elderly persons, and recommend actions
by the Governor, the Department of Human Services, { - the
Senior and Disabled Services Division, - } other governmental
entities and the private sector, appropriate to meet such needs.
(4) The commission shall have authority to study programs and
budgets of all state agencies { - which - } { + that + }
affect elderly persons. After such study, the commission shall
make recommendations to the Governor and to the agencies
involved. Such recommendations shall be designed to provide
coordination of programs for elderly persons, to avoid
unnecessary duplication in provision of services, and to point
out gaps in provision of services. The commission shall also
recommend development of a comprehensive plan for delivery of
services to elderly persons. In carrying out these tasks, the
commission shall coordinate its efforts with other advisory
groups within the Department of Human Services to avoid
duplication of effort.
(5) The commission shall promote responsible statewide advocacy
for elderly persons.
(6) Members of the commission, other than legislators, shall be
entitled to compensation and expenses as provided in ORS 292.495.
SECTION 83. ORS 410.420 is amended to read:
410.420. (1) Funds appropriated for Oregon Project Independence
shall only be expended for the following authorized services:
(a) Homemaker;
(b) Housekeeper;
(c) Chore;
(d) Escort;
(e) Home health;
(f) Personal care service;
(g) Elderly day care; and
(h) Other services authorized by the { - Senior and Disabled
Services Division - } { + Department of Human Services + }.
(2) The { - division - } { + department + } shall adopt
rules to implement ORS 410.410 to 410.480 { + . + } { - and may
adopt by reference rules of the Health Division and the Adult and
Family Services Division that relate to activities under Oregon
Project Independence. - }
SECTION 84. ORS 410.430 is amended to read:
410.430. (1) In order to qualify for services from an
authorized agency or service provider, each client or recipient
must:
(a) Be 60 years old or older or have been diagnosed as having
Alzheimer's disease or a related disorder;
(b) Not be receiving { - support or services from the Adult
and Family Services Division, except food stamp benefits - }
{ + financial assistance from the Department of Human Services,
except food stamp benefits and limited medicare reimbursement
benefits administered by the department + }; and
(c) Be assessed to be at the risk of entering an institution.
(2) Eligibility determination shall be required before any
client may receive services from an authorized agency or service
provider.
SECTION 85. ORS 410.720 is amended to read:
Enrolled House Bill 2294 (HB 2294-B) Page 63
410.720. (1) It is the policy of this state to provide for the
mental health needs of all Oregon senior citizens through a
comprehensive and coordinated statewide network of local senior
mental health services and alcohol and drug abuse education and
treatment. These services should involve family and friends and
be provided in the least restrictive and most appropriate
settings.
(2) In carrying out the provisions of subsection (1) of this
section, the Department of Human Services shall { - insure that
the Senior and Disabled Services Division, in cooperation with
the Mental Health and Developmental Disability Services Division
and the office of Alcohol and Drug Abuse Programs, - } develop
plans for service coordination { - , negotiate appropriate
interagency agreements - } and recommend budget provisions for
the delivery of needed services.
SECTION 86. ORS 411.113 is amended to read:
411.113. The { - Adult and Family Services Division - }
{ + Department of Human Services + } shall determine eligibility
for all public assistance. { - County public welfare boards
shall have access to information regarding persons receiving
public assistance. - }
SECTION 87. ORS 411.125 is amended to read:
411.125. (1) There is established the { - Adult and Family
Services Division - } { + Family Services + } Review Commission
consisting of 16 members. The members shall be appointed by the
Governor for a term of four years. In making the appointments,
the Governor shall consider representatives of county public
welfare boards, as well as representatives from all of the
congressional districts. Four members shall be recipients or
former recipients of { - the aid or services - } { + cash or
self-sufficiency-related services from the + } { - of the Adult
and Family Services Division; - } { + Department of Human
Services. + } Four members shall be representatives of business
and professional interests { + . + } { - ; - } Four members
shall be public welfare policy specialists { + . + } { - ;
and - } Four members shall be advocates of public welfare from
the state agencies or public or private organizations interested
in public welfare. The commission shall receive compensation and
expenses as provided in ORS 292.495.
(2) The commission shall advise and consult with the
{ - Assistant Director for Adult and Family Services - }
{ + Director of Human Services + } in carrying out the functions
of the { - division - } { + department relating to programs
and services to persons who, as a result of the person's or the
person's family's economic, social or health condition, require
medical assistance, financial assistance, institutional care,
rehabilitation, vocational rehabilitation or other social or
health services. The commission + }
{ - and - } shall, through its chairperson, have access to
information regarding persons receiving assistance and other
relevant information about { + self-sufficiency + } programs of
the { - division - } { + department + }.
SECTION 88. ORS 411.145 is amended to read:
411.145. (1) A county public welfare board of not fewer than
five nor more than seven members may be created within each
county. The members shall be appointed by the governing body of
the county, on the basis of recognized interest in and knowledge
of the field of public assistance. Members of the governing body
may be appointed to the board.
Enrolled House Bill 2294 (HB 2294-B) Page 64
(2) Members shall be appointed for a term of four years.
Before the expiration of the term of a member of the county
public welfare board, the governing body shall appoint the
successor of the member to assume the duties of the member on
July 1 next following. In case of a vacancy for any cause, the
governing body shall make an appointment to be immediately
effective for the unexpired term. Any member of the county public
welfare board may be removed by the governing body at any time
for cause. The governing body shall name the chairperson of the
county public welfare board.
(3) Members appointed shall receive no compensation for their
services but shall be allowed the actual and necessary expenses
incurred by them in attending any meeting of the { - Adult and
Family Services Division - } { + Department of Human
Services + } when such attendance is authorized by the
{ - administrator of the division - } { + Director of Human
Services + }. The expenses authorized pursuant to this subsection
shall be paid by the { - division - } { + department + } out
of the Public Welfare Account.
(4) The governing body of the county may abolish the county
public welfare board upon 60 days' notice. On the effective date
stated in the notice, the county public welfare board shall be
abolished and the tenure of office of members shall cease.
(5) Until the notice required in subsection (4) of this section
is given, any county public welfare board in existence on
November 4, 1993, shall continue and shall perform its duties
under ORS 411.155.
SECTION 88a. ORS 411.320 is amended to read:
411.320. (1) For the protection of applicants for and
recipients of public assistance, except as otherwise provided in
this section, the { - Adult and Family Services Division - }
{ + Department of Human Services + } shall not disclose or use
the contents of any { + public assistance + } records, files,
papers or communications for purposes other than those directly
connected with the administration of the public assistance laws
of Oregon or as necessary to assist public assistance applicants
and recipients in accessing and receiving other governmental or
private nonprofit services, and these records, files, papers and
communications are considered confidential subject to the rules
and regulations of the { - Adult and Family Services
Division - } { + Department of Human Services + }. In any
judicial or administrative proceeding, except proceedings
directly connected with the administration of public assistance
or child support enforcement laws, their contents are considered
privileged communications.
(2) Nothing in this section prohibits the disclosure or use of
contents of records, files, papers or communications for purposes
directly connected with the establishment and enforcement of
support obligations pursuant to the Title IV-D program.
(3) Nothing in this section prohibits the disclosure of the
address, social security number and photograph of any applicant
or recipient to a law enforcement official at the request of such
official. To receive information pursuant to this section, the
officer must furnish the agency the name of the applicant or
recipient and advise that the applicant or recipient:
(a) Is fleeing to avoid prosecution, custody or confinement
after conviction for a felony;
(b) Is violating a condition of probation or parole; or
(c) Has information that is necessary for the officer to
conduct the official duties of the officer and the location or
Enrolled House Bill 2294 (HB 2294-B) Page 65
apprehension of the applicant or recipient is within such
official duties.
SECTION 89. ORS 411.590 is amended to read:
411.590. A person who is employed as a housekeeper, homemaker
or otherwise in the residence of a recipient of public assistance
or services, whose compensation is paid in whole or in part by
the { + Department of Human Services + } { - Adult and Family
Services Division, the Senior and Disabled Services Division, the
Mental Health and Developmental Disability Services Division, the
State Office for Services to Children and Families - } or an
area agency, as defined in ORS 410.040, and is not otherwise
employed by the { - division, office or - } { + department
or + } agency, shall not for any purposes be deemed to be an
employee of the State of Oregon or an area agency whether or not
the { - division, office - } { + department + } or agency
selects the person for employment or exercises any direction or
control over the person's employment. However, nothing in this
section precludes the state or an area agency from being
considered the employer of the person for purposes of ORS chapter
657.
SECTION 90. ORS 411.595 is amended to read:
411.595. (1) As used in this section 'policy change '
{ - means - } { + includes + } any change in the operation of
public assistance programs that affects recipients adversely in
any substantial manner, including but not limited to the denial,
reduction, modification or delay of benefits. 'Policy change'
does not include any procedural change that affects internal
management but does not adversely and substantially affect the
interest of public assistance recipients.
(2) The { - Adult and Family Services Division or the - }
Department of Human Services { - on behalf of the division - }
may submit applications for waiver of federal statutory or
regulatory requirements to the federal government or any agency
thereof. Following the submission of any application for waiver
that involves a policy change, and prior to implementation, the
{ - division - } { + department + } shall do the following:
(a) Conduct a hearing in accordance with ORS 183.310 to 183.550
regarding the waiver application or application for waiver
renewals and the proposed rules;
(b) Prepare a complete summary of the testimony and written
comments received at the hearing;
(c) Submit the application for waiver or application for waiver
renewals involving a policy change to the legislative review
agency, as defined in ORS 291.375, and present the summary of
testimony and comments described in this section; and
(d) Give notice of the date of its appearance { - or the
appearance of the Department of Human Services on its behalf - }
before the Emergency Board or the Joint Committee on Ways and
Means in accordance with ORS 183.335, and before the { - Adult
and Family Services Division - } { + Family Services + } Review
Commission.
SECTION 91. ORS 411.632 is amended to read:
411.632. If it reasonably appears that a customer who is a
recipient of public assistance has assets in excess of those
allowed to a recipient of such assistance under applicable
federal and state statutes and regulations, and it reasonably
appears that such assets may be transferred, removed, secreted or
otherwise disposed, then the { - department or its
divisions - } { + Department of Human Services + } may seek
appropriate relief under ORCP 83 and 84, or any other provision
Enrolled House Bill 2294 (HB 2294-B) Page 66
of law but only to the extent of the liability. The state shall
not be required to post a bond in seeking the relief.
SECTION 92. ORS 411.660 is amended to read:
411.660. (1) If any person is convicted of a violation of any
provision of ORS 411.630, any grant of general assistance or
public assistance made wholly or partially to meet the needs of
such person shall be modified, canceled or suspended for such
time and under such terms and conditions as may be prescribed by
or pursuant to rules or regulations of the { - division - }
{ + Department of Human Services + }.
(2) Subsection (1) of this section does not prohibit a grant of
general assistance or public assistance to meet the needs of a
child under the age of 18 years.
SECTION 93. ORS 411.790 is amended to read:
411.790. (1) In granting general assistance, the { - Adult
and Family Services Division - } { + Department of Human
Services + } shall apply a graduated scale that disregards a
portion of a person's income, if that income is earned in
employment that is part of an approved treatment or
rehabilitation program and if the person has been unemployed and
receiving general assistance due to chronic mental illness.
(2) The { - division - } { + department + } shall continue
to provide health services and needs, as described in ORS 411.710
(2), to a person described in subsection (1) of this section for
a period of time not to exceed two years after the person ceases
to receive general assistance if:
(a) Group health insurance is not available to the person
through employment or otherwise; and either
(b) Termination of eligibility for health services and needs
would seriously inhibit the person's ability to continue
employment; or
(c) The person's earnings are not sufficient to allow the
person a reasonable equivalent of the general assistance and
health service benefits which would be available to the person in
the absence of the earnings.
(3) If the person described in subsection (1) of this section
is covered by a group health insurance plan, the
{ - division - } { + department + } shall continue to provide
health services and needs for the limited purpose of paying the
costs of treatment for preexisting conditions until such costs
are paid in whole or in part by the group health insurance
policy.
(4) For purposes of this section, 'approved treatment and
rehabilitation program' and 'chronic mental illness' shall be
defined { + by the department + } by rule { - , adopted by the
division after consultation with the Mental Health and
Developmental Disability Services Division - } .
(5) For the purposes of general assistance, any work performed
by a person while that person is hospitalized in a state or
community psychiatric hospital shall not be considered
employment.
(6) Nothing in this section is intended to limit the authority
of the { - division - } { + department + } to disregard the
income of, and extend the period of eligibility for health
services and needs to, persons other than those described in
subsection (1) of this section.
SECTION 94. ORS 411.802 is amended to read:
411.802. If an approved provider providing in-home care to a
recipient of public assistance for compensation marries the
recipient, the { - Adult and Family Services Division or the
Enrolled House Bill 2294 (HB 2294-B) Page 67
Senior and Disabled Services Division - } { + Department of
Human Services + } shall consider the care provided as
compensable even though provided by a spouse. The standard of
compensation under this section shall be the same as the standard
applied for in-home care provided by an approved provider not
residing in the home of the recipient.
SECTION 95. ORS 411.803 is amended to read:
411.803. When a married recipient of public assistance provided
under ORS chapter 412 or 413 requires in-home care, the
{ - Adult and Family Services Division or the Senior and
Disabled Services Division, as appropriate, - } { + Department
of Human Services + } shall provide that such care be compensated
even though provided by the spouse, in the manner and to the
extent specified by rule of the { - appropriate division - }
{ + department + } based on the extent of need and the
availability of funds therefor.
SECTION 96. ORS 411.890 is amended to read:
411.890. A JOBS Plus Implementation Council shall be
established in { - each Adult and Family Services Division
district - } { + service areas to be determined by the Director
of Human Services + } to assist the JOBS Plus Advisory Board, the
Department of Human Services and the Employment Department in the
administration of the JOBS Plus Program and to allow local
flexibility in dealing with the particular needs of each county.
Each council shall be primarily responsible for recruiting and
encouraging participation of employment providers in the county.
Each council shall be composed of seven members who shall be
appointed by the county commissioners in each county in the
district. Council members shall be residents of the district in
which they are appointed and shall serve four-year terms. Six
members of the council shall be from the local business
community. At least one member shall be a current or former
recipient of the temporary assistance for needy families program,
the food stamp program or the unemployment insurance program.
SECTION 97. ORS 411.977 is amended to read:
411.977. (1) All applicants for and recipients of public
assistance shall be treated in a courteous, fair and dignified
manner by { - Adult and Family Services Division - }
{ + Department of Human Services + } personnel.
(2) Any applicant or recipient who alleges discourteous, unfair
or undignified treatment by { - division - }
{ + department + } personnel or alleges that incorrect or
inadequate information regarding public assistance programs has
been provided by { - division - } { + department + }
personnel may file a grievance with the { - division - } { +
department + }. The { - division - } { + department + } shall
publicize the grievance system in each { - branch - }
{ + local + } office.
(3) The grievance shall be discussed first with the supervisor
of the employee against whom the grievance is filed. If the
grievance is not resolved, the applicant or recipient may discuss
the grievance with the { - branch - } { + local office + }
manager.
(4) The { - division - } { + department + } shall compile a
monthly report summarizing each grievance filed against
{ - division - } { + department + } personnel and the action
taken. The report shall identify each grievance by
{ - branch - } { + local + } office and indicate the number of
grievances filed against individual employees. The report shall
protect the anonymity of { - division - } { + department + }
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personnel. The report shall be presented to the { - Adult and
Family Services Division - } { + Family Services + } Review
Commission and to all county public welfare boards.
SECTION 98. ORS 412.005 is amended to read:
412.005. As used in ORS 412.005 to 412.125:
(1) 'Aid' means money payments under ORS 412.005 to 412.125 to
blind persons, or in behalf of such person.
(2) 'Applicant' means any person who has applied for aid under
ORS 412.005 to 412.125.
(3) 'Blind person' means any needy person whose visual acuity
with correcting lenses does not exceed 20/200 in the better eye,
or whose vision in the better eye is restricted to a field which
subtends an angle of not greater than 20 degrees, or who has an
equivalent visual impairment, as determined by the
{ - division - } { + department + } after examination by an
ophthalmologist licensed to practice medicine and surgery in
Oregon or by a duly licensed and practicing optometrist in
Oregon, or by an ophthalmologist licensed to practice medicine
and surgery or by an optometrist licensed and practicing in
another state or territory of the United States having
qualifications substantially similar to those of the State of
Oregon.
{ + (4) 'Department' means the Department of Human
Services. + }
{ - (4) - } { + (5) + } 'Income' means receipts in cash or
kind but does not include such amounts per month of earnings or
other income as may be exempted in compliance with federal
legislation and rules thereto applicable or premiums on life
insurance policies whether paid by the applicant, recipient or
other person.
{ - (5) - } { + (6) + } 'Real property' includes but is not
limited to estates for more than one year, houses, boats,
trailers or other habitation when used for the purpose of
providing a home for the applicant or the proceeds from the
conversion of any one of these if the amount retained is used
within 12 months to provide a home for the applicant.
{ - (6) - } { + (7) + } 'Recipient' means any person who
has received or is receiving aid under ORS 412.005 to 412.125.
{ - (7) 'Division' means the Adult and Family Services
Division. - }
SECTION 99. ORS 412.580 is amended to read:
412.580. If an application is not acted upon by the { - Adult
and Family Services Division - } { + Department of Human
Services + } with reasonable promptness or is denied in whole or
in part, or if any award of assistance is modified or canceled,
the applicant or recipient may appeal from the decision of the
{ - division - } { + department + } { - to the Adult and
Family Services Division - } . The { - Adult and Family
Services Division - } { + department + } shall give the
appellant an opportunity for a hearing pursuant to ORS 183.310 to
183.550 { + . + }
{ - ; and the - } { + The + } hearing shall be held in the
county selected by the appellant. If required by either the
appellant or the
{ - division - } { + department + }, the hearing shall
include a review of the medical findings as to disability and the
social data as to appellant's capacity for employment. { - The
findings and decision of the Adult and Family Services Division
shall be binding upon the division - } { + The department shall
be bound by the findings and decision + }.
Enrolled House Bill 2294 (HB 2294-B) Page 69
SECTION 99a. ORS 413.165 is amended to read:
413.165. (1) Money payments of old-age assistance with respect
to a recipient may be made to a representative payee if it is
determined by the { - division - } { + Department of Human
Services + } that the recipient, by reason of physical or mental
condition, has such inability to manage funds that making
payments to the recipient would be contrary to the welfare of the
person and that, therefore, it is necessary to provide assistance
through payments authorized by this section.
(2) The { - division - } { + department + } may designate
as representative payee any responsible individual who is
interested in or concerned with the welfare of the recipient and
who is willing to act in that capacity.
(3) If it appears to the { - division - }
{ + department + } that the interests of the recipient would be
best served thereby, the
{ - division - } { + department + } may petition for the
judicial appointment of a guardian, conservator or other legal
representative of the recipient. If the person is appointed and
duly qualified, money payments of assistance otherwise payable to
the recipient, or representative payee, shall be made to the
qualified person until the { - division - }
{ + department + } determines that the conditions which would
justify the protective payments no longer exist.
(4) Subject to funds made available to the { - division - }
{ + department + } for administrative expenditures, the
{ - division - } { + department + } may, with respect to any
guardianship or conservatorship established pursuant to this
section, pay all costs and fees, including any necessary bond
premiums, reasonably incurred in the proceeding and in
administering money payments.
SECTION 100. ORS 414.022 is amended to read:
414.022. Mental health services shall be provided by the
Department of Human Services, in collaboration with { - the
Mental Health and Developmental Disability Services Division, the
Office of Medical Assistance Programs and - } the Health
Services Commission, for the purpose of determining how best to
serve the range of mental health conditions statewide utilizing a
capitated managed care system. The services shall begin as soon
as feasible following receipt of the necessary waiver in
anticipation that the services are to be available not later than
January 1, 1995, and shall cover up to 25 percent of state-funded
mental health services until July 1, 1997. After July 1, 1997,
the services shall cover all of the state-funded eligible mental
health services. The provision of services under this section
shall support and be consistent with community mental health and
developmental disabilities programs established and operated or
contracted for under ORS chapter 430. The goals and criteria are:
(1) Test actuarial assumptions used to project costs and
utilization rates, and revise estimates of cost for statewide
implementation.
(2) Compare current medical assistance fee for service with
capitated managed care mental health system, using state
determined quality assurance standards to evaluate capacity,
diagnosis, utilization and treatment:
(a) Including components for testing full integration of
physical medicine and mental health services and measuring the
impact of mental health services on utilization of physical
health services.
Enrolled House Bill 2294 (HB 2294-B) Page 70
(b) Comparing current medical assistance fee for service with
capitated managed care system for utilization and length of stay
in private and public hospitals, and in nonhospital residential
care facilities.
(c) Comparing for specific conditions, treatment configuration,
effectiveness and disposition rates.
(3) Design the services to assure geographic coverage of urban
and rural areas including significant population bases, and areas
with and without existing capacity to provide fully capitated
managed care services including:
(a) Requiring providers to maintain and report information
about clients by type and amount of services in a predetermined
uniform format for comparison with state established quality
assurance standards.
(b) Within the geographic areas in which services are provided,
requiring providers to serve the full range of mental health
populations and conditions.
(c) Requiring providers to have the full range of eligible
mental health services available including, but not limited to,
assessment, case management, outpatient treatment and
hospitalization.
(4) The department shall report to the Emergency Board and
other appropriate interim legislative committees and task forces
by October 1, 1996, on the implementation of the services.
SECTION 101. ORS 414.151 is amended to read:
414.151. The Department of Human Services { - , the Office of
Medical Assistance Programs and the Health Division - } shall
endeavor to develop agreements with local governments to
facilitate the enrollment of poverty level medical assistance
program clients. Subject to the availability of funds therefor,
the agreement shall be structured to allow flexibility by the
state and local governments and may allow any of the following
options for enrolling clients in poverty level medical assistance
programs:
(1) Initial processing shall be done at the county health
department by employees of the county, with eligibility
determination completed at the local office of the Department of
Human Services;
(2) Initial processing and eligibility determination shall be
done at the county health department by employees of the
{ + local health + } department; or
(3) Application forms shall be made available at the county
health department with initial processing and eligibility
determination shall be done at the local office of the
{ - department - } { + Department of Human Services + }.
SECTION 102. ORS 414.305 is amended to read:
414.305. { - (1) - } The Department of Human Services is
hereby authorized to pay the cost of care for patients
{ - within Mental Health and Developmental Disability Services
Division - } { + in + } institutions { + operated under ORS
179.321 + } under the medical assistance program established by
{ - this chapter - } { + ORS chapter 414 + }.
{ - (2) All moneys received by the Mental Health and
Developmental Disability Services Division from the Department of
Human Services for the cost of care of patients shall be
accounted for separately and deposited daily for credit to the
Mental Health and Developmental Disability Services Account. - }
SECTION 103. ORS 414.400 is amended to read:
Enrolled House Bill 2294 (HB 2294-B) Page 71
414.400. (1) The Drug Use Review Board shall operate in
accordance with ORS chapter 192. The board shall annually elect a
chairperson from the members of the board.
(2) Each board member is entitled to reimbursement for actual
and necessary travel expenses incurred in connection with the
member's duties, pursuant to ORS 292.495.
(3) A quorum consists of eight members of the board.
(4) The board may establish advisory committees to assist in
carrying out the board's duties under ORS 414.350 to 414.415 with
approval of the { - Office of Medical Assistance Programs
director - } { + Director of Human Services + }.
SECTION 104. ORS 416.510, as amended by section 144, chapter
104, Oregon Laws 2001 (Enrolled House Bill 2609), is amended to
read:
416.510. As used in ORS 416.510 to 416.610, unless the context
requires otherwise:
(1) 'Action' means an action, suit or proceeding.
(2) 'Applicant' means an applicant for { + public + }
assistance.
{ - (3) 'Assistance' means moneys paid by the Adult and
Family Services Division to persons directly and moneys paid by
the division to others for the benefit of such persons. - }
{ - (4) - } { + (3) + } 'Claim' means a claim of a
recipient of { + public + } assistance for damages for personal
injuries against any person or public body, agency or commission
other than the State Accident Insurance Fund Corporation or
Workers' Compensation Board.
{ - (5) - } { + (4) + } 'Compromise' means a compromise
between a recipient and any person or public body, agency or
commission against whom the recipient has a claim.
{ + (5) 'Department' means the Department of Human
Services. + }
{ - (6) 'Division' means the Adult and Family Services
Division. - }
{ - (7) - } { + (6) + } 'Judgment' means a judgment in any
action or proceeding brought by a recipient to enforce the claim
of the recipient.
{ + (7) 'Public assistance' has the meaning given that term
in ORS 411.010. + }
(8) 'Recipient' means a recipient of { + public + }
assistance.
(9) 'Settlement' means a settlement between a recipient and any
person or public body, agency or commission against whom the
recipient has a claim.
SECTION 104a. { + If Senate Bill 392 becomes law, section 104
of this 2001 Act (amending ORS 416.510) and section 144, chapter
104, Oregon Laws 2001 (Enrolled House Bill 2609) (amending ORS
416.510), are repealed. + }
SECTION 105. ORS 416.520 is amended to read:
416.520. If any applicant or recipient has a claim for damages
for personal injuries, the existence of such claim or any action
to enforce such claim shall not be grounds for denying or
discontinuing { + public + } assistance to such applicant or
recipient.
SECTION 105a. { + If Senate Bill 392 becomes law, section 105
of this 2001 Act (amending ORS 416.520) is repealed. + }
SECTION 106. ORS 416.540 is amended to read:
416.540. (1) Except as provided in subsection (2) of this
section and in ORS 416.590, the { - Adult and Family Services
Division - } { + Department of Human Services + } shall have a
Enrolled House Bill 2294 (HB 2294-B) Page 72
lien upon the amount of any judgment in favor of a recipient or
amount payable to the recipient under a settlement or compromise
for all { + public + } assistance received by such recipient
from the date of the injury of the recipient to the date of
satisfaction of such judgment or payment under such settlement or
compromise.
(2) The lien does not attach to the amount of any judgment,
settlement or compromise to the extent of attorney's fees, costs
and expenses incurred by a recipient in securing such judgment,
settlement or compromise and to the extent of medical, surgical
and hospital expenses incurred by such recipient on account of
the personal injuries for which the recipient had a claim.
SECTION 106a. { + If Senate Bill 392 becomes law, section 106
of this 2001 Act (amending ORS 416.540) is repealed. + }
SECTION 107. ORS 416.560 is amended to read:
416.560. The form of the notice required by ORS 416.550 (1)
shall be substantially as follows:
_________________________________________________________________
Notice is hereby given that the { - Adult and Family Services
Division - } { + Department of Human Services + } has rendered
{ + public + } assistance to ________, a person who was injured
on or about the __ day of ____ in the city of ____ and State of
____, and the { - Adult and Family Services Division - } { +
Department of Human Services + } hereby asserts a lien to the
extent provided in ORS 416.510 to 416.610, for the amount of such
{ + public + } assistance upon any amount due and owing ________
(name of injured person) under a judgment, settlement or
compromise from ____ alleged to have caused such injuries and
from any other person or public body, agency or commission liable
for the injury or obligated to compensate the injured person on
account of such injuries.
{ - Adult and Family Services Division - }
{ + Department of Human Services + }
{ - by ________, Assistant Director. - }
{ + by ________, Director of Human Services or designee. + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oreg)n,
) ss.
County of ____
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ________, being first duly sworn on oath say: That I am the
{ - Assistant Director for Adult and Family Services - } { +
Director of Human Services or designee + }; that I have read the
foregoing notice of lien and know the contents thereof and
believe the same to be true.
________
Subscribed and sworn to before me this __ day of ____ { +
, + }
{ - in the year of our Lord ____ - } { + 2__ + } .
________, Notary Public.
_________________________________________________________________
Enrolled House Bill 2294 (HB 2294-B) Page 73
SECTION 107a. { + If Senate Bill 392 becomes law, section 107
of this 2001 Act (amending ORS 416.560) is repealed. + }
SECTION 108. ORS 416.600 is amended to read:
416.600. When the { - Adult and Family Services Division - }
{ + Department of Human Services + } determines that a
recipient will incur additional medical, surgical or hospital
expenses or that additional { + public + } assistance will have
to be given to the recipient after the date of satisfaction of
judgment or payment under a settlement or compromise, the
{ - division - } { + department + } may release any portion of
its lien to the extent of such anticipated expenses and
{ + public + } assistance.
SECTION 108a. { + If Senate Bill 392 becomes law, section 108
of this 2001 Act (amending ORS 416.600) is repealed. + }
SECTION 109. ORS 417.346 is amended to read:
417.346. Subject to the availability of funds therefor, the
Director of Human Services shall:
(1) { - Direct all divisions in the department to
identify - } { + Identify + } current programs and potential
resources { - in each division - } available to families
providing care for a family member with a disability or chronic
illness.
(2) Develop a biennial plan for adequate funding and recommend
budgetary priorities for family support services.
(3) Develop a biennial cooperative plan for assuring a
statewide interagency system of family support services.
(4) { - Direct the State Office for Services to Children and
Families, Mental Health and Developmental Disability Services
Division, Senior and Disabled Services Division, Vocational
Rehabilitation Division, Health Division and Adult and Family
Services Division and any other governmental entities involved in
family support services, to - } Adopt rules for family support
services that are guided by the goals and principles set forth in
ORS { - 344.530, 409.010, 410.070, 411.070, - } 417.340 to
417.348 { - , 430.021 and 431.110 - } . These rules shall
contain a grievance procedure.
(5) Make a biennial report to the Legislative Assembly on the
state of the family support system, including strengths,
deficiencies, cost savings and recommendations. This report shall
include a comprehensive statement of the efforts of { - each
division - } { + the Department of Human Services + } to carry
out the policies and principles set forth in this legislation.
The report shall include but not be limited to a list of family
support services, a summary of costs and the number of clients
served.
(6) Establish a Family Support Advisory Council whose purpose
is to review and comment on plans and services provided or
contracted for family support by state agencies and advise the
director on the state plans for coordinated family support
services.
(a) The council shall meet a minimum of four times per year.
(b) The membership of the council shall be 51 percent consumers
of family support services.
(c) The remaining membership shall be composed of
representatives of agencies providing family support services and
representatives of advocacy groups. One member shall be a
representative of the Department of Education.
SECTION 110. ORS 417.348 is amended to read:
Enrolled House Bill 2294 (HB 2294-B) Page 74
417.348. Subject to the availability of funds therefor, a
family shall be eligible to receive family support services and
goods if the family meets any of the following requirements:
(1) The family has a family member requiring long term care due
to disability or chronic illness whom the family desires to keep
at home or return to the home from an institution or other
out-of-home placement.
(2) The family desires to care for the dependent family member
at home if financial, physical or other barriers are reduced or
eliminated and adequate community based support services are
provided.
(3) The family is caring for a family member who is waiting for
residential or vocational services.
(4) Other requirements established by { - the division of - }
the Department of Human Services { - by which the specific
family support services are offered - } . The requirements must
be reviewed by the Family Support Advisory Council.
SECTION 111. ORS 417.845 is amended to read:
417.845. (1) The Juvenile Crime Prevention Advisory Committee
is created within the Oregon Criminal Justice Commission.
(2) The committee shall have the following members:
(a) The Director of the Oregon Youth Authority or a designee of
the director;
(b) The staff director of the State Commission on Children and
Families or a designee of the staff director;
(c) The Director of Human Services or { - a designee - }
{ + one or more designees + } of the director { + , one of whom
has expertise in treatment and prevention of substance abuse + };
{ - (d) The Assistant Director for Alcohol and Drug Abuse
Programs or a designee of the assistant director; - }
{ - (e) - } { + (d) + } The executive director of the
Oregon Criminal Justice Commission or a designee of the executive
director;
{ - (f) - } { + (e) + } The Superintendent of Public
Instruction or a designee of the superintendent;
{ - (g) - } { + (f) + } The Superintendent of State Police
or a designee of the superintendent;
{ - (h) - } { + (g) + } The Director of the Department of
Corrections or a designee of the director;
{ - (i) - } { + (h) + } One designee of the Governor;
{ - (j) - } { + (i) + } One member appointed by the
President of the Senate, who shall be a member of the Senate and
who shall be a nonvoting, advisory member;
{ - (k) - } { + (j) + } One member appointed by the Speaker
of the House of Representatives, who shall be a member of the
House of Representatives and who shall be a nonvoting, advisory
member; and
{ - (L) - } { + (k) + } One designee of the Chief Justice
of the Supreme Court from the Judicial Department who serves as
an ex officio member to provide information and support the
partnership role of the courts in an effective comprehensive
statewide approach to high-risk youth and their families.
(3) In addition to the members listed in subsection (2) of this
section, the Governor shall appoint the following members who
shall be representative of the geographic and cultural diversity
of the state:
(a) To represent local public and private entities:
(A) A county commissioner;
(B) A local juvenile director;
(C) A director of a local commission on children and families;
Enrolled House Bill 2294 (HB 2294-B) Page 75
(D) Two law enforcement officials;
(E) A county mental health director;
(F) An alcohol and drug abuse professional;
(G) A school superintendent;
(H) A private youth service provider; and
(I) An elected city official;
(b) A researcher;
(c) A citizen member; and
(d) Other members as determined by the Governor.
(4) Each member of the committee appointed by the Governor
under subsection (3) of this section shall serve a term of four
years. Members appointed by the Governor shall serve at the
pleasure of the Governor. A vacancy in the office of any member
appointed by the Governor under subsection (3) of this section
shall be filled by the Governor by appointment for the unexpired
term.
(5) The Governor shall select one of the members of the
committee as chairperson and one of its members as vice
chairperson.
(6) The committee shall meet at times, places and intervals
deemed advisable by a majority of the members.
(7) The Oregon Criminal Justice Commission shall provide staff
support to the committee.
SECTION 112. ORS 418.005 is amended to read:
418.005. (1) In order to establish, extend and strengthen
welfare services for the protection and care of homeless,
dependent or neglected children or children in danger of becoming
delinquent, the { - State Office for Services to Children and
Families - } { + Department of Human Services + } may:
(a) Make all necessary rules and regulations for administering
child welfare services under this section.
(b) Accept and disburse any and all federal funds made
available to the State of Oregon for child welfare services.
(c) Make such reports in such form and containing such
information as may from time to time be required by the federal
government and comply with such provisions as may from time to
time be found necessary to insure correctness and verification of
such reports.
(d) Cooperate with medical, health, nursing and welfare groups
and organizations and with any agencies in the state providing
for protection and care of homeless, dependent or neglected
children or children in danger of becoming delinquent.
(e) Cooperate with the United States Government or any of its
agencies in administering the provisions of this section.
(2) There is created an advisory committee that shall consist
of 21 members to advise the { - State Office for Services to
Children and Families - } { + department + } on the development
and administration of
{ - the - } { + child welfare + } policies, programs and
practices { - of the office - } . Members shall be appointed by
and serve at the pleasure of the { - Assistant Director for
Services to Children and Families - } { + Director of Human
Services + }.
(a) Advisory committee membership shall include representatives
of other state agencies concerned with services, representatives
of professional, civic or other public or private organizations,
private citizens interested in service programs, and recipients
of assistance or service or their representatives.
(b) Members of the advisory committee shall receive no
compensation for their services. Members of the advisory
Enrolled House Bill 2294 (HB 2294-B) Page 76
committee other than members employed in full-time public service
shall be reimbursed for their actual and necessary expenses
incurred in the performance of their duties by the { - State
Office for Services to Children and Families - } { +
department + }. Such reimbursements shall be subject to the
provisions of ORS 292.210 to 292.288. Members of the advisory
committee who are employed in full-time public service may be
reimbursed for their actual and necessary expenses incurred in
the performance of their duties by their employing agency.
(c) The advisory committee shall meet at least once every three
months.
(3) Subject to the allotment system provided for in ORS 291.234
to 291.260, the { - office - } { + department + } may expend
the amounts necessary to carry out the purposes and administer
the provisions of this section.
SECTION 113. ORS 418.050 is amended to read:
418.050. Subject to rules of the { - Adult and Family
Services Division - } { + Department of Human Services + } and
to such conditions and limitations as may be prescribed pursuant
to the temporary assistance for needy families program:
(1) Money payments of aid with respect to the temporary
assistance for needy families program, including payments to meet
the needs of the relative, and the relative's spouse, with whom a
dependent child is living, may be made to an individual other
than such relative or spouse if it is determined by the
{ - division - } { + department + } that the relative to whom
such payments are made has such inability to manage funds that
continuation of such payments to the relative would be contrary
to the welfare of such child and that, therefore, it is necessary
to provide such aid through payments in the manner authorized by
this section. Such determination shall be subject to review and
hearing, upon application of such relative, in the manner
prescribed pursuant to ORS 418.125. However, the pendency of such
application, review or hearing shall not stay the effect of such
determination.
(2) The { - Adult and Family Services Division - }
{ + department + }may designate any responsible individual,
including any public officer or employee, as a representative
payee if such individual is willing to act in such capacity.
Representative payees shall receive no compensation for their
services, but shall be allowed expenses actually and necessarily
incurred by them in the performance of their duties under ORS
418.059. Such expenses shall be paid from funds appropriated to
the { - division - } { + department + } for administrative
expenditures.
(3) During the time payments of aid pursuant to the temporary
assistance for needy families program with respect to a dependent
child or relative are made to a representative payee, the
{ - division - } { + department + } shall:
(a) Undertake and continue special efforts to develop greater
ability on the part of such relative to manage funds in such
manner as to protect the welfare of the relative and the family
of the relative; and
(b) Periodically review the determination made pursuant to
subsection (1) of this section and terminate payments to the
representative payee if it is established by such review that the
conditions justifying such determination no longer exist.
{ - (4) The services described in subsection (3)(a) of this
section may be obtained by the Adult and Family Services Division
Enrolled House Bill 2294 (HB 2294-B) Page 77
from the State Office for Services to Children and Families, upon
mutual agreement between the division and the office. - }
SECTION 114. ORS 418.070 is amended to read:
418.070. For the purposes of ORS 418.035 to 418.185, with
respect to any period for which federal funds are made available
to this state in aid of a state-administered program of aid to
any child defined in and meeting the requirements of this
section:
(1) 'Dependent child' includes:
(a) A needy child meeting the requirements of ORS 418.035
(1)(b)(A) or (B) who has been deprived of parental support or
care by reason of the unemployment of a parent or parents and who
is living with any of the relatives specified in ORS 418.035 (1)
in a place of residence maintained by one or more of such
relatives as the relative's or relatives' own home.
(b) A child:
(A) Who would meet the requirements of ORS 418.035 (1) or of
paragraph (a) of this subsection except for removal after April
30, 1961, from the home of a relative specified in ORS 418.035
(1) as a result of a judicial determination to the effect that
continuation therein would be contrary to the welfare of such
child { - , - } { + ; + }
(B) Who has been accepted for placement and care by
{ - either or both the Adult and Family Services Division and
the State Office for Services to Children and Families, - } { +
the Department of Human Services; + }
(C) Who has been placed in a foster home or licensed nonprofit
private child-caring agency as a result of such determination
{ - , - } { + ; + } and
(D) Who received aid in or for the month in which court
proceedings leading to such determination were initiated, or
would have received such aid in or for such month if application
had been made therefor, or in the case of a child who had been
living with a relative specified in ORS 418.035 (1) within six
months prior to the month in which such proceedings were
initiated, would have received such aid in or for such month if
in such month the child had been living with and removed from the
home of such a relative and application had been made therefor.
(2) 'Foster home' means a foster home which is certified by
this state or has been approved, by the agency of this state
responsible for the certification of foster homes, as meeting the
standards established for such certification.
(3) 'Aid' includes foster care in behalf of a child described
in subsection (1)(b) of this section in the foster home of any
individual or in a licensed nonprofit private child-caring
agency.
(4) 'Unemployment of parent' shall be defined by the
{ - Adult and Family Services Division - } { + department + }
and such definition may take into account definitions used to
establish the availability of federal funds for the program of
temporary assistance for needy families.
SECTION 115. ORS 418.130 is amended to read:
418.130. (1) Except as otherwise provided in this section, no
person shall, except for purposes directly connected with the
administration of the temporary assistance for needy families
program { + , delivery or administration of programs and services
the Department of Human Services is authorized to deliver and
administer pursuant to ORS 409.010 + } or as necessary to assist
public assistance applicants and recipients in accessing and
receiving other governmental or private nonprofit services and in
Enrolled House Bill 2294 (HB 2294-B) Page 78
accordance with the rules of the { - Adult and Family Services
Division, or the State Office for Services to Children and
Families, whichever is applicable, - } { + department, + }
solicit, disclose, receive, make use of, or authorize, knowingly
permit, participate in, or acquiesce in the use of, any list of
or names of, or any information concerning, persons applying for
or receiving such aid, directly or indirectly derived from the
records, papers, files or communications of the { - Adult and
Family Services Division or the State Office for Services to
Children and Families, whichever is applicable, - }
{ + department + } or acquired in the course of the performance
of official duties.
(2) Nothing in this section prohibits the disclosure and use of
information about applicants and recipients as is necessary to
carry out the child support enforcement laws of this state and of
the United States.
(3) Nothing in this section prohibits the disclosure of the
address of any applicant or recipient to a law enforcement
official at the request of such official. To receive information
pursuant to this section, the officer must furnish the agency the
name of the applicant or recipient and advise that the applicant
or recipient:
(a) Is fleeing to avoid prosecution, custody or confinement
after conviction for a felony;
(b) Is violating a condition of probation or parole; or
(c) Has information that is necessary for the officer to
conduct the official duties of the officer and the location or
apprehension of the applicant or recipient is within such
official duties.
SECTION 116. ORS 418.163 is amended to read:
418.163. The { - State Office for Services to Children and
Families - } { + Department of Human Services + } shall have
the responsibility and authority to provide such services and
engage in such cooperative and coordinated efforts with the
{ - Adult and Family Services Division, - } Employment
Department and other appropriate agencies as are necessary to
maintain the intent of and compliance with federal requirements
for the programs defined in ORS 418.155.
SECTION 117. ORS 418.205 is amended to read:
418.205. As used in ORS 418.205 to 418.310 and 418.992 to
418.998, unless the context requires otherwise:
(1) 'Child' means an unmarried person under 18 years of age.
(2)(a) 'Child-caring agency' means any private agency or
private organization providing:
(A) Day treatment for disturbed children;
(B) Adoption placement services;
(C) Residential care, including but not limited to foster care
or residential treatment for children; or
(D) Other similar services for children.
(b) 'Child-caring agency' does not include residential
{ - homes or - } facilities or foster care homes certified or
licensed by the { - Mental Health and Developmental Disability
Services Division. - } { + Department of Human Services under
ORS 443.400 to 443.455, 443.830 and 443.835 for children
receiving developmental disability services. + }
(3) 'Private' means not owned, operated or administered by any
governmental agency or unit.
SECTION 118. ORS 418.295 is amended to read:
418.295. (1) No attorney employed by the State of Oregon shall
represent prospective adoptive parents in their attempt to adopt
Enrolled House Bill 2294 (HB 2294-B) Page 79
a child being cared for under the provisions of ORS 418.005 to
418.025, 418.035 to 418.185, 418.205 to 418.315, and 418.625 to
418.685.
(2) No employee of the { - Adult and Family Services Division
or the State Office for Services to Children and Families - }
{ + Department of Human Services + } shall recommend any
attorney to serve as counsel for prospective adoptive parents.
SECTION 119. ORS 418.480 is amended to read:
418.480. As used in ORS 418.480 to 418.500, 'purchase of care'
includes the purchase of institutional and foster family care and
services, adoptive services, services to the unwed mother and her
child and such other care and services as the { - State Office
for Services to Children and Families, in consultation with the
Director of Human Services, - } { + Department of Human
Services + } shall determine to be necessary to carry out the
policy stated in ORS 418.485.
SECTION 120. ORS 418.625 is amended to read:
418.625. As used in ORS 418.625 to 418.645:
(1) Certificate includes:
(a) A 'provisional' certificate issued for 90 days; or
(b) A 'regular' certificate, which is effective for one year.
{ + (2) 'Department' means the Department of Human
Services. + }
{ - (2) - } { + (3) + } 'Foster home' means any home
maintained by a person who has under the care of the person in
such home any child under the age of 18 years not related to the
person by blood or marriage and unattended by its parent or
guardian, for the purpose of providing such child with care, food
and lodging, but does not include:
(a) Any boarding school that is essentially and primarily
engaged in educational work;
(b) Any home in which a child is provided board and room by a
school board;
(c) Any foster home under the direct supervision of a private
child-caring agency or institution certified by the { - State
Office for Services to Children and Families - }
{ + department + }; { - or - }
(d) Any home under the direct supervision of a custodial parent
for the purpose of providing respite care as defined by rule
{ - . - } { + ; or
(e) Any developmental disability child foster home as defined
in ORS 443.830. + }
{ - (3) 'Office' means the State Office for Services to
Children and Families. - }
SECTION 121. ORS 418.747 is amended to read:
418.747. (1) The district attorney in each county shall be
responsible for developing interagency and multidisciplinary
teams to consist of but not be limited to law enforcement
personnel,
{ - State Office for Services to Children and Families - }
{ + Department of Human Services child + } protective service
workers, Child Care Division personnel, school officials, health
departments and courts, as well as others specially trained in
child abuse, child sexual abuse and rape of children
investigation.
(2) The teams shall develop a written protocol for immediate
investigation of and notification procedures for child abuse
cases and for interviewing child abuse victims. Each team also
shall develop written agreements signed by member agencies that
specify:
Enrolled House Bill 2294 (HB 2294-B) Page 80
(a) The role of each agency;
(b) Procedures to be followed to assess risks to the child;
(c) Guidelines for timely communication between member
agencies;
(d) Guidelines for completion of responsibilities by member
agencies;
(e) Upon clear disclosure that the alleged child abuse occurred
in a child care facility as defined in ORS 657A.250, that
immediate notification of parents or guardians of children
attending the child care facility is required regarding any abuse
allegation and pending investigation; and
(f) Criteria and procedures to be followed when removal of the
child is necessary for the child's safety.
(3) Each team member and those conducting child abuse
investigations and interviews of child abuse victims shall be
trained in risk assessment, dynamics of child abuse, child sexual
abuse and rape of children, legally sound and age appropriate
interview and investigatory techniques.
(4) All investigations of child abuse and interviews of child
abuse victims shall be carried out by appropriate personnel using
the protocols and procedures called for in this section. If
trained personnel are not available in a timely fashion and, in
the judgment of a law enforcement officer or { - office - }
{ + department + }
{ - employee - } { + child welfare worker + }, there is
reasonable cause to believe a delay in investigation or interview
of the child abuse victim could place the child in jeopardy of
physical harm, the investigation can proceed without full
participation of all personnel. This authority applies only for
as long as reasonable danger to the child exists. A reasonable
effort to find and provide a trained investigator or interviewer
shall be made.
(5) Protection of the child is of primary importance. To ensure
the safe placement of a child, the { - State Office for
Services to Children and Families - } { + department + } may
request that local multidisciplinary team members obtain criminal
history information on any person who is part of the household
where the
{ - office - } { + department + } may place or has placed a
child who is in the
{ - office's - } { + department's + } custody. All
information obtained by the local team members and the
{ - office - } { + department + } in the exercise of their
duties is confidential and may only be disclosed as necessary to
assure the safe placement of a child.
(6) Each team shall classify, assess and review cases under
investigation.
(7) Each multidisciplinary team shall develop policies that
provide for an independent review of investigation procedures of
sensitive cases after completion of court actions on particular
cases. The policies shall include independent citizen input.
Parents of child abuse victims shall be notified of the review
procedure.
(8) Each team shall establish a local multidisciplinary
fatality review process. The purposes of the review process are
to:
(a) Coordinate various agencies and specialists to review a
fatality caused by child abuse or neglect;
(b) Identify local and state issues related to preventable
deaths; and
Enrolled House Bill 2294 (HB 2294-B) Page 81
(c) Promote implementation of recommendations on the local
level.
(9) In establishing the review process and carrying out
reviews, the members of the local multidisciplinary team shall be
assisted by the local medical examiner or county health officer
as well as others specially trained in areas relevant to the
purpose of the local team.
(10) The categories of fatalities reviewed by the
multidisciplinary team include:
(a) Child fatalities in which child abuse or neglect may have
occurred at any time prior to death or have been a factor in the
fatality;
(b) Any category established by the local multidisciplinary
team;
(c) All child fatalities where the child is less than 18 years
of age and there is an autopsy performed by the medical examiner;
and
(d) Any specific cases recommended for local review by the
statewide interdisciplinary team established under ORS 418.748.
(11) The local multidisciplinary team shall develop a written
protocol for review of child fatalities. The protocol shall be
designed to facilitate communication and information between
persons who perform autopsies and those professionals and
agencies concerned with the prevention, investigation and
treatment of child abuse and neglect.
(12) Within the guidelines, and in a format, established by the
statewide interdisciplinary team established under ORS 418.748,
the local team shall provide the statewide team with information
regarding child fatalities under subsection (10) of this section.
(13) The local multidisciplinary team shall have access to and
subpoena power to obtain all medical records, hospital records
and records maintained by any state, county or local agency,
including, but not limited to, police investigations data,
coroner or medical examiner investigative data and social
services records, as necessary to complete the review of a
specific fatality under subsection (8)(a) of this section. All
meetings of the local team relating to the fatality review
process required by subsections (8) to (13) of this section shall
be exempt from the provisions of ORS 192.610 to 192.690. All
information and records acquired by the local team in the
exercise of its duties are confidential and may only be disclosed
as necessary to carry out the purposes of the local fatality
review process.
SECTION 122. ORS 419A.004 is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
(2) 'Child' means a person within the jurisdiction of the
juvenile court as provided in ORS 419B.100.
(3) 'Child care center' means a residential facility for the
care and supervision of children that is licensed under the
provisions of ORS 418.240.
(4) 'Community service' has the meaning given that term in ORS
137.126.
(5) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(6) 'Counselor' means a juvenile department counselor.
Enrolled House Bill 2294 (HB 2294-B) Page 82
(7) 'Court' means the juvenile court.
(8) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate for a child pursuant to ORS 419A.170.
(9) 'Court facility' has the meaning given that term in ORS
166.360.
{ + (10) 'Department' means the Department of Human
Services. + }
{ - (10) - } { + (11) + } 'Detention' or 'detention
facility' means a facility established under ORS 419A.010 to
419A.020 and 419A.050 to 419A.063 for the detention of dependent
children or delinquent youth pursuant to a judicial commitment or
order.
{ - (11) - } { + (12) + } 'Director' means the director of
a juvenile department established under ORS 419A.010 to 419A.020
and 419A.050 to 419A.063.
{ - (12) - } { + (13) + } 'Guardian' means guardian of the
person and not guardian of the estate.
{ - (13) - } { + (14) + } 'Indian child' means any
unmarried person less than 18 years of age who is:
(a) A member of an Indian tribe;
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe; or
(c) Covered by the terms of an Indian Child Welfare Act
agreement between Oregon and an Indian tribe.
{ - (14) - } { + (15) + } 'Juvenile court' means the court
having jurisdiction of juvenile matters in the several counties
of this state.
{ - (15) - } { + (16) + } 'Local citizen review board'
means the board specified by ORS 419A.090 and 419A.092.
{ - (16) 'Office' means the State Office for Services to
Children and Families. - }
(17) 'Parent' means the biological or adoptive mother of the
child and the legal or adoptive father of the child. A legal
father includes:
(a) A nonimpotent, nonsterile man who was cohabiting with his
wife, who is the mother of the child, at the time of conception;
(b) A man married to the mother of the child at the time of
birth, where there is no decree of separation and the presumption
of paternity has not been disputed;
(c) A biological father who marries the mother of the child
after the birth of the child;
(d) A biological father who has established or declared
paternity through filiation proceedings or under ORS 416.400 to
416.470; and
(e) A biological father who has, with the mother, established
paternity through a voluntary acknowledgment of paternity under
ORS 109.070.
(18) 'Permanent foster care' means an out-of-home placement in
which there is a long-term contractual foster care agreement
between the foster parents and the { - State Office for
Services to Children and Families - } { + department + } that
is approved by the juvenile court and in which the foster parents
commit to raise a foster child until the age of majority.
(19) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the child.
(20) 'Public building' has the meaning given that term in ORS
166.360.
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(21) 'Reasonable time' means a period of time that is
reasonable given a child's emotional and developmental needs and
ability to form and maintain lasting attachments.
(22) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
(23) 'Resides' or 'residence,' when used in reference to the
residence of a child or youth, means the place where the child or
youth is actually living or the jurisdiction in which wardship of
the child or youth has been established.
(24) 'Restitution' has the meaning given that term in ORS
137.103.
(25) 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
(26) 'Shelter care' means a home or other facility suitable for
the safekeeping of a child who is taken into temporary custody
pending investigation and disposition where the circumstances are
such that the child does not need to be kept in secure custody.
(27) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding youths pending
further placement.
(28) 'Substitute care' means an out-of-home placement directly
supervised by the { - office - } { + department + } or other
agency, including placement in a foster family home, group home
or other child caring institution or facility. 'Substitute care'
does not include care in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home which the court has approved as a child's
permanent placement, where a private child caring agency has been
appointed guardian of the child and where the child's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
(29) 'Surrogate' means a person appointed by the court to
protect the right of the child to receive procedural safeguards
with respect to the provision of free appropriate public
education.
(30) 'Tribal court' means a court with jurisdiction over child
custody proceedings and that is either a Court of Indian
Offenses, a court established and operated under the code of
custom of an Indian tribe or any other administrative body of a
tribe that is vested with authority over child custody
proceedings.
(31) 'Youth' means a person under 18 years of age who is
alleged to have committed an act that is a violation, or, if done
by an adult would constitute a violation, of a law or ordinance
of the United States or a state, county or city.
(32) 'Youth care center' has the meaning given that term in ORS
420.855.
(33) 'Youth offender' means a person who has been found to be
within the jurisdiction of the juvenile court under ORS 419C.005
for an act committed by the person when the person was at least
12 years of age and under 18 years of age.
SECTION 123. ORS 419B.352 is amended to read:
Enrolled House Bill 2294 (HB 2294-B) Page 84
419B.352. The court may direct that the child be examined or
treated by a physician, psychiatrist or psychologist, or receive
other special care or treatment in a hospital or other suitable
facility. If the court determines that mental health examination
and treatment should be provided by services delivered through
the
{ - Mental Health and Developmental Disability Services
Division - } { + Department of Human Services + }, the
{ - Mental Health and Developmental Disability Services
Division - } { + department + } shall determine the appropriate
placement or services in consultation with the court { - , the
State Office for Services to Children and Families - } and other
affected agencies. If { - the State Office for Services to
Children and Families or another - } { + an + } affected agency
objects to the type of placement or services, the court shall
determine the appropriate type of placement or service. During
the examination or treatment of the child, the { - Mental
Health and Developmental Disability Services Division shall
not - } { + department may, if appropriate, + } be appointed
guardian of the child.
SECTION 124. ORS 419C.507 is amended to read:
419C.507. The court may, in lieu of or in addition to any
disposition under this chapter, direct that the youth be examined
or treated by a physician, psychiatrist or psychologist, or
receive other special care or treatment in a hospital or other
suitable facility. If the court determines that mental health
examination and treatment should be provided by services
delivered through the { - Mental Health and Developmental
Disability Services Division, the Mental Health and Developmental
Disability Services Division - } { + Department of Human
Services, the department + } shall determine the appropriate
placement or services in consultation with the court, the Oregon
Youth Authority and other affected agencies. If the youth
authority or another affected agency objects to the type of
placement or services, the court shall determine the appropriate
type of placement or service. During the examination or treatment
of the youth, the { - Mental Health and Developmental
Disability Services Division shall not - } { + department may,
if appropriate, + }be appointed guardian of the youth.
SECTION 125. ORS 426.005 is amended to read:
426.005. (1) As used in ORS 426.005 to 426.390, unless the
context requires otherwise:
{ + (a) 'Department' means the Department of Human
Services. + }
{ - (a) - } { + (b) + } 'Director of the facility' means a
superintendent of a state mental hospital, the chief of
psychiatric services in a community hospital or the person in
charge of treatment and rehabilitation programs at other
treatment facilities.
{ - (b) 'Division' means the Mental Health and Developmental
Disability Services Division. - }
(c) 'Facility' means a state mental hospital, community
hospital, residential facility, detoxification center, day
treatment facility or such other facility as the { - Mental
Health and Developmental Disability Services Division - }
{ + department + } determines suitable, any of which may provide
diagnosis and evaluation, medical care, detoxification, social
services or rehabilitation for committed mentally ill persons.
(d) 'Mentally ill person' means a person who, because of a
mental disorder, is one or more of the following:
Enrolled House Bill 2294 (HB 2294-B) Page 85
(A) Dangerous to self or others.
(B) Unable to provide for basic personal needs and is not
receiving such care as is necessary for health or safety.
(C) A person who:
(i) Is chronically mentally ill, as defined in ORS 426.495;
(ii) Within the previous three years, has twice been placed in
a hospital or approved inpatient facility by the
{ - division - } { + department + } under ORS 426.060;
(iii) Is exhibiting symptoms or behavior substantially similar
to those that preceded and led to one or more of the
hospitalizations or inpatient placements referred to in
sub-subparagraph (ii) of this subparagraph; and
(iv) Unless treated, will continue, to a reasonable medical
probability, to physically or mentally deteriorate so that the
person will become a person described under either or both
subparagraph (A) or (B) of this paragraph.
(e) 'Nonhospital facility' means any facility, other than a
hospital, that is approved by the { - Mental Health and
Developmental Disability Services Division - }
{ + department + } to provide adequate security, psychiatric,
nursing and other services to persons under ORS 426.232 or
426.233.
(f) 'Prehearing period of detention' means a period of time
calculated from the initiation of custody during which a person
may be detained under ORS 426.228, 426.231, 426.232 or 426.233.
(2) Whenever a community mental health and developmental
disabilities program director, director of the facility,
superintendent of a state hospital or administrator of a facility
is referred to, the reference includes any designee such person
has designated to act on the person's behalf in the exercise of
duties.
SECTION 126. ORS 427.005 is amended to read:
427.005. As used in this chapter { - , unless the context
requires otherwise - } :
(1) 'Adaptive behavior' means the effectiveness or degree with
which an individual meets the standards of personal independence
and social responsibility expected for age and cultural group.
{ - (2) 'Assistant director' means the Assistant Director for
Mental Health and Developmental Disability Services. - }
{ - (3) - } { + (2) + } 'Care' means supportive services,
including, but not limited to, provision of room and board;
supervision; protection; and assistance in bathing, dressing,
grooming, eating, management of money, transportation or
recreation.
{ + (3) 'Department' means the Department of Human
Services. + }
(4) 'Developmental period' means the period of time between
birth and the 18th birthday.
(5) 'Director of the facility' means the superintendent of a
state training center, or the person in charge of care, treatment
and training programs at other facilities.
{ - (6) 'Division' means the Mental Health and Developmental
Disability Services Division of the Department of Human
Services. - }
{ - (7) - } { + (6) + } 'Facility' means a state training
center, community hospital, group home, activity center,
intermediate care facility, community mental health clinic, or
such other facility or program as the { - division - }
{ + department + } approves to provide necessary services to
mentally retarded persons.
Enrolled House Bill 2294 (HB 2294-B) Page 86
{ - (8) - } { + (7) + } 'Incapacitated' means a person is
unable, without assistance, to properly manage or take care of
personal affairs or is incapable, without assistance, of
self-care.
{ - (9) - } { + (8) + } 'Independence' means the extent to
which persons with mental retardation or developmental
disabilities exert control and choice over their own lives.
{ - (10) - } { + (9) + } 'Integration' means use by persons
with mental retardation or developmental disabilities of the same
community resources that are used by and available to other
persons and participation in the same community activities in
which nondisabled persons participate, together with regular
contact with nondisabled persons, and residence by persons with
developmental disabilities in homes or in home-like settings
which are in proximity to community resources, together with
regular contact with nondisabled persons in their community.
{ - (11) - } { + (10) + } 'Intellectual functioning' means
functioning as assessed by one or more of the individually
administered general intelligence tests developed for the
purpose.
{ - (12) - } { + (11) + } 'Mental retardation' means
significantly subaverage general intellectual functioning
existing concurrently with deficits in adaptive behavior and
manifested during the developmental period. Persons of borderline
intelligence may be considered mentally retarded if there is also
serious impairment of adaptive behavior. Definitions and
classifications shall be consistent with the 'Manual on
Terminology and Classification in Mental Retardation' of the
American Association on Mental Deficiency, 1977 Revision. Mental
retardation is synonymous with mental deficiency.
{ - (13) - } { + (12) + } 'Minor' means an unmarried person
under 18 years of age.
{ - (14) - } { + (13) + } 'Physician' means a person
licensed by the Board of Medical Examiners for the State of
Oregon to practice medicine and surgery.
{ - (15) - } { + (14) + } 'Productivity' means engagement
in income-producing work by a person with mental retardation or
developmental disabilities which is measured through improvements
in income level, employment status or job advancement or
engagement by a person with mental retardation or developmental
disabilities in work contributing to a household or community.
{ - (16) - } { + (15) + } 'Resident' means a person
admitted to a state training center either voluntarily or after
commitment to the
{ - division - } { + department + }.
{ - (17) - } { + (16) + } 'Significantly subaverage' means
a score on a test of intellectual functioning that is two or more
standard deviations below the mean for the test.
{ - (18) - } { + (17) + } 'State training center' means
{ - Fairview Training Center, - } Eastern Oregon Training
Center and any other facility operated by the { - division - }
{ + department + } for the care, treatment and training of the
mentally retarded.
{ - (19) - } { + (18) + } 'Training' means the systematic,
planned maintenance, development or enhancement of self-care,
social or independent living skills; or the planned sequence of
systematic interactions, activities, structured learning
situations or education designed to meet each resident's
specified needs in the areas of physical, emotional, intellectual
and social growth.
Enrolled House Bill 2294 (HB 2294-B) Page 87
{ - (20) - } { + (19) + } 'Treatment' means the provision
of specific physical, mental, social interventions and therapies
which halt, control or reverse processes that cause, aggravate or
complicate malfunctions or dysfunctions.
SECTION 127. ORS 427.007 is amended to read:
427.007. (1) The Legislative Assembly finds and declares that a
significant number of persons with mental retardation or other
developmental disabilities currently reside in state-operated
hospitals and training centers or lack needed services simply
because appropriate community-based services, including
residential facilities, day programs, home care and other
support, care and training programs, do not exist. The
Legislative Assembly further finds that families are the major
providers of support, care, training and other services to their
members with mental retardation or other developmental
disabilities who live at home, and many of these families
experience exceptionally high financial outlays and extraordinary
physical and emotional challenges due to the unavailability of
appropriate family support services. Such services pertain to the
needs of the person with disabilities, the needs of other family
members related to their care-giving and nurturing capacity, and
specialized needs for environmental accommodation to reduce
dependency of the family member with mental retardation or other
developmental disabilities. Therefore, the Department of Human
Services { - , through the Mental Health and Developmental
Disability Services Division, - } is directed to facilitate the
development of appropriate community-based services, including
family support, residential facilities, day programs, home care
and other necessary support, care and training programs, in an
orderly and systematic manner. The role of state-operated
hospitals and training centers in Oregon shall be as specialized
back-up facilities to a primary system of community-based
services for persons with mental retardation or other
developmental disabilities.
(2) In carrying out the directive in subsection (1) of this
section, the { - Mental Health and Developmental Disability
Services Division - } { + department + }shall develop a
biennial plan in conjunction with the budgeting process for
review by each Legislative Assembly. In developing this plan, the
{ - Mental Health and Developmental Disability Services
Division - } { + department + } shall meet with and consider
the input of representatives from the following constituencies:
Consumer organizations, parent-family organizations, advocacy
organizations, unions representing workers in state-operated
hospitals and training centers, community provider organizations,
state and local education officials and community mental health
departments or programs. Such plans shall include, where
appropriate:
(a) Proposals for the decrease in the number of persons with
mental retardation or other developmental disabilities to be
served in state-operated hospitals and training centers at a
steady and planned rate until such time that the Legislative
Assembly shall determine that each person served in programs or
facilities operated or supported by the { - Mental Health and
Developmental Disability Services Division - }
{ + department + } is being served according to the best
contemporary professional practices in the least restrictive
environment, with preference given to the community-based setting
over the institutional. However, no person shall be moved from
any facility until a comprehensive assessment of the person's
Enrolled House Bill 2294 (HB 2294-B) Page 88
medical, treatment, training and support service needs has been
completed, the move determined to be in the person's best
interest and appropriate service alternatives procured.
(b) Proposals for the orderly development of community-based
services, including family support, residential facilities, day
programs, home care and other necessary support, care and
training programs, to accommodate persons coming out of
state-operated hospitals and training centers and to serve
persons already in the community waiting for services. The
proposals shall include services developed for persons in the
community waiting for services that are at least equal in number
to those services developed for those coming out of
state-operated hospitals and training centers, and shall include
services for all persons who are leaving the public education
system, in order to further prevent unnecessary
institutionalization of persons with mental retardation or other
developmental disabilities. Funding for these services shall be
commensurate with individual need. These proposals may include
provisions for an array of both publicly and privately operated
services and shall include specific implementation plans
requiring that new services developed are designed to
significantly increase the independence, productivity and
integration into the community of persons with mental retardation
and developmental disabilities.
(c) Proposals for the location of community-based services for
persons with mental retardation or other developmental
disabilities in proximity to family, friends, supportive services
and home communities whenever possible.
(3) In further carrying out the directive in subsection (1) of
this section, the { - Mental Health and Developmental
Disability Services Division - } { + department + } shall
develop monitoring and evaluation systems which insure competent
management, program quality and cost-effectiveness of
community-based services. Such systems shall include, where
appropriate:
(a) A comprehensive system of case management which assures an
orderly movement of persons with mental retardation or other
developmental disabilities from state-operated hospitals and
training centers to community-based services, and between
community-based service alternatives, and assures an effective
system of service delivery to persons with mental retardation or
other developmental disabilities living in the community, based
on individualized planning and close cooperation with consumers,
families and guardians.
(b) An annual progress assessment of every person with mental
retardation or other developmental disabilities served in
programs or facilities operated or supported by the { - Mental
Health and Developmental Disability Services Division - } { +
department + }. This assessment shall measure the degree to which
a family with a member with mental retardation or other
developmental disabilities demonstrates enhanced care-giving and
nurturing capacities, and the degree to which the independence,
productivity and integration into the community of each person
with mental retardation or other developmental disabilities has
been increased as a result of receiving such services. The
overall results of these assessments shall annually be aggregated
and analyzed for each program or facility operated or supported
by the { - division - } { + department + }, and shall be made
available for public inspection and review by the Legislative
Assembly.
Enrolled House Bill 2294 (HB 2294-B) Page 89
(c) The development of specific standards for each component
within the array of services, for persons with mental retardation
or other developmental disabilities, either operated or supported
by the { - Mental Health and Developmental Disability Services
Division - } { + department + } and assure the competent
management, program quality and cost-effectiveness of such
services.
(4) Subject to available funds, the { - Mental Health and
Developmental Disability Services Division - } { + department
+ }shall insure that each family with a member with mental
retardation or other developmental disabilities has access to
family support services, and that each person with mental
retardation or developmental disabilities living in the
community, including those leaving the public education system,
has access to community-based services necessary to enable the
person to strive to achieve independence, productivity and
integration. Specific services proposed for the person shall be
identified in an individual habilitation plan or in a family
support service plan.
(5) Subject to available funds, the { - Mental Health and
Developmental Disability Services Division - } { + department
+ }shall determine the content of individual habilitation plans
and family support service plans, and the process whereby such
plans are developed and updated.
(6) The { - Mental Health and Developmental Disability
Services Division - } { + department + } shall establish
grievance procedures for mediation of disputes concerning
eligibility for or appropriateness of services in individual
cases.
SECTION 128. ORS 427.010 is amended to read:
427.010. (1) Except as otherwise ordered by the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } pursuant to ORS 179.325,
the { - Fairview Training Center in Salem, Marion County,
and - } Eastern Oregon Training Center in Pendleton, Umatilla
County, shall be used for the care, treatment and training of
such mentally retarded persons as are assigned to the care of
{ - such institutions - } { + the institution + } by the
{ - division - } { + department + } according to procedures
defined in ORS 427.185 or who { - are - } { + were + }
residents on October 3, 1979.
(2) Upon receipt of an application approved by the
{ - division - } { + department + } or its designee, pursuant
to its rules, a mentally retarded person may be entitled to
admission to { - a - } { + the + } state training center for
emergency, respite or part-time care. Part-time care means
presence of the person at the facility less than 24 hours per day
and may include day or night care. Admission for emergency care
or respite care shall in no case exceed 90 days. Admission for
part-time care may exceed 90 days. The fee schedule for such
care, training and treatment in { - a - } { + the + }
training center shall be established by the { - division - }
{ + department + } in the same manner as for other residents.
The fees shall be charged and collected by the { - Mental
Health and Developmental Disability Services Division - }
{ + department + }in the same manner as charges are collected
under ORS 179.610 to 179.770.
(3) The { - superintendents - } { + superintendent + } of
the training
Enrolled House Bill 2294 (HB 2294-B) Page 90
{ - centers - } { + center + } named in subsection (1) of
this section shall be
{ - persons - } { + a person + } the { - division - }
{ + department + } considers qualified to administer the
training { - centers - } { + center + }. If the
superintendent of { - any - } { + the + } training center is
a physician licensed by the Board of Medical Examiners for the
State of Oregon, the superintendent shall serve as chief medical
officer. If not a physician, the superintendent shall appoint a
physician to serve as chief medical officer who shall be in the
unclassified service.
SECTION 129. ORS 427.104 is amended to read:
427.104. The { - Mental Health and Developmental Disability
Services Division - } { + Department of Human Services + } with
funds appropriated for that purpose by the legislature, shall
establish and operate a { + Developmental Disability + }
Diagnosis and Evaluation Service for { - the mentally
retarded - } { + people with mental retardation or
developmental disabilities + }. The { + Developmental
Disability + } Diagnosis and Evaluation Service shall provide all
or part of diagnostic evaluations, as defined in ORS 427.105,
when complete evaluations are not available through community
mental health and developmental disabilities programs, and the
{ + Developmental Disability + } Diagnosis and Evaluation
Service shall:
(1) Provide consultation and training to community mental
health and developmental disabilities programs in the development
of local diagnosis and evaluation services;
(2) Develop and periodically revise { - division - }
{ + department + } standards and procedures for diagnosis and
evaluation services;
(3) Coordinate diagnostic evaluations statewide to minimize
duplication of tests and examinations;
(4) Approve applications for admission to the training
{ - centers - } { + center + };
(5) Provide necessary information to the State Training Center
Review Board when a decision of the { + Developmental
Disability + } Diagnosis and Evaluation Service regarding
admission to
{ - a - } { + the + } state training center is appealed by
the person, the parents or legal guardian of the person;
(6) Provide consultation to appropriate agencies and
individuals regarding persons evaluated; and
(7) Process and coordinate all placements of residents from
{ + the + } state training { - centers - } { + center + }.
SECTION 130. ORS 427.330 is amended to read:
427.330. As used in ORS 427.330 to 427.345:
(1) 'Care provider' means an individual, family member or
entity that provides care.
(2) { + (a) + } 'Community housing' { - means - }
{ + includes:
(A) + } Real property, including but not limited to buildings,
structures, improvements to real property and related equipment,
that is used or could be used to house and provide care for
individuals with mental retardation or other developmental
disability { - . 'Community housing' includes a - } { + ; and
(B) A + } single-family home or multiple-unit residential
housing that an individual with mental retardation or other
developmental disability shares with other inhabitants, including
but not limited to family members, care providers or friends.
Enrolled House Bill 2294 (HB 2294-B) Page 91
{ + (b) + } 'Community housing' does not include { - the
Fairview Training Center or - } the Eastern Oregon Training
Center.
(3) 'Construct' means to build, install, assemble, expand,
alter, convert, replace or relocate. 'Construct' includes to
install equipment and to prepare a site.
(4) 'Developmental disability' means a disability attributable
to mental retardation, cerebral palsy, epilepsy or other
neurological handicapping condition or severe physical impairment
that requires training similar to that required by mentally
retarded persons, and the disability:
(a) Originates before the person attains the age of 22 years;
(b) Has continued or can be expected to continue indefinitely;
and
(c) Constitutes a substantial handicap to the ability of the
person to function in society.
(5) 'Equipment' means furnishings, fixtures, appliances,
special adaptive equipment or supplies that are used or could be
used to provide care in community housing.
(6) 'Family member' means an individual who is related by blood
or marriage to an individual with mental retardation or other
developmental disability.
(7) 'Financial assistance' means a grant or loan to pay
expenses incurred to provide community housing.
(8) 'Housing provider' means an individual or entity that
provides community housing.
SECTION 131. ORS 428.210 is amended to read:
428.210. As used in ORS 428.210 to 428.270 { - , unless the
context requires otherwise - } :
{ + (1) 'Department' means the Department of Human
Services. + }
{ - (1) - } { + (2) + } 'Foreign hospital' means an
institution in any other state which corresponds to the
institutions defined in subsection (7) of this section.
{ - (2) 'Division' means the Mental Health and Developmental
Disability Services Division. - }
(3) 'Nonresident' means any person who is not a resident of
this state as defined in subsection (6) of this section.
(4) 'Other state' includes all the states, territories,
possessions, commonwealths and agencies of the United States and
the District of Columbia, with the exception of the State of
Oregon.
(5) 'Patient' means any person who has been committed by a
court of competent jurisdiction to a state hospital, except a
person committed to a state hospital pursuant to ORS 136.150
(1969 Replacement Part), 136.160 (1969 Replacement Part), 161.341
or 161.370.
(6) 'Resident of this state' means a person who has lived in
this state continuously for a period of one year and who has not
acquired legal residence in any other state by living
continuously therein for at least one year subsequent to the
residence of the person in this state. However, a service man or
woman on active duty in the Armed Forces of the United States who
was domiciled in Oregon upon entry into active duty and who has
acquired no other domicile shall be entitled to have his or her
children considered a resident of this state so long as no other
domicile is acquired by the service man or woman.
(7) 'State hospital' means any institution listed in ORS
426.010 or 427.010.
SECTION 132. ORS 430.010 is amended to read:
Enrolled House Bill 2294 (HB 2294-B) Page 92
430.010. As used in ORS 430.010 to 430.050, 430.110 to 430.170,
{ - 430.260 to - } { + 430.265, + } 430.270 and 430.610 to
430.695 { - , unless the context requires otherwise - } :
(1) { - ' Division' means the Mental Health and
Developmental Disability Services Division - } { + '
Department' means the Department of Human Services + }.
(2) 'Health facility' means a facility licensed as required by
ORS 441.015 or a facility accredited by the Joint Commission on
Accreditation of Hospitals, either of which provides full-day or
part-day acute treatment for alcoholism, drug addiction or mental
or emotional disturbance, and is licensed to admit persons
requiring 24-hour nursing care.
(3) 'Residential facility' or 'day or partial hospitalization
program' means a program or facility providing an organized
full-day or part-day program of treatment. Such a program or
facility shall be { + licensed, approved, established,
maintained, contracted with or operated by the department
under + }:
(a) { - Licensed, approved, established, maintained,
contracted with or operated by the office of Alcohol and Drug
Abuse Programs under - } ORS { - 430.041, - } 430.260 to
430.380 and 430.610 to 430.880 for alcoholism;
(b) { - Licensed, approved, established, maintained,
contracted with or operated by the office of Alcohol and Drug
Abuse Programs under - } ORS { - 430.041, - } 430.260 to
430.380, 430.405 to 430.565 and 430.610 to 430.880 for drug
addiction; or
(c) { - Licensed, approved, established, maintained,
contracted with or operated by the Mental Health and
Developmental Disability Services Division under - } ORS
{ - 430.041 and - } 430.610 to 430.880 for mental or emotional
disturbance.
(4) 'Outpatient service' means { + :
(a) + } A program or service providing treatment by appointment
{ - . Such a program or service shall be - } { + and by
medical or osteopathic physicians licensed by the Board of
Medical Examiners for the State of Oregon under ORS 677.010 to
677.450; psychologists licensed by the State Board of
Psychologist Examiners under ORS 675.010 to 675.150; nurse
practitioners registered by the Oregon State Board of Nursing
under ORS 678.010 to 678.410; or clinical social workers licensed
by the State Board of Clinical Social Workers under ORS 675.510
to 675.600; or
(b) A program or service providing treatment by appointment
that is licensed, approved, established, maintained, contracted
with or operated by the department under + }:
{ - (a) - } { + (A) + } { - Licensed, approved,
established, maintained, contracted with or operated by the
office of Alcohol and Drug Abuse Programs under - } ORS
{ - 430.041, - } 430.260 to 430.380 and 430.610 to 430.880 for
alcoholism;
{ - (b) - } { + (B) + } { - Licensed, approved,
established, maintained, contracted with or operated by the
office of Alcohol and Drug Abuse Programs under - } ORS
{ - 430.041, - } 430.260 to 430.380, 430.405 to 430.565 and
430.610 to 430.880 for drug addiction; { + or + }
{ - (c) - } { + (C) + } { - Licensed, approved,
established, maintained, contracted with or operated by the
Mental Health and Developmental Disability Services Division
Enrolled House Bill 2294 (HB 2294-B) Page 93
under - } ORS { - 430.041 and - } 430.610 to 430.880 for
mental or emotional disturbance { + . + } { - ; or - }
{ - (d) Provided by medical or osteopathic physicians
licensed by the Board of Medical Examiners for the State of
Oregon as provided under ORS 677.010 to 677.450; psychologists
licensed by the State Board of Psychologist Examiners as provided
under ORS 675.010 to 675.150; nurse practitioners registered by
the Oregon State Board of Nursing as provided under ORS 678.010
to 678.410; or clinical social workers licensed by the State
Board of Clinical Social Workers as provided under ORS 675.510 to
675.600. - }
SECTION 133. ORS 430.021 is amended to read:
430.021. Subject to ORS 417.300 and 417.305:
{ - (1) The Mental Health and Developmental Disability
Services Division is responsible for the administration of the
state mental health and developmental disabilities programs and
the mental health and developmental disabilities laws of the
state. - }
{ - (2) - } { + (1) + } The { - division - }
{ + Department of Human Services + } shall direct, promote,
correlate and coordinate all the activities, duties and direct
services for the mentally or emotionally disturbed, mentally
retarded and developmentally disabled, alcoholic and
drug-dependent persons { - and for families requiring family
support services as described in ORS 417.342 and 417.344 - } ;
and promote, correlate and coordinate the mental health and
developmental disabilities activities of all governmental
organizations throughout the state in which there is any direct
contact with mental health and developmental disabilities
programs.
{ - (3) - } { + (2) + } The { - division - }
{ + department + } shall develop cooperative programs with
interested private groups throughout the state to effect better
community awareness and action in the field of mental health and
developmental disabilities, and encourage and assist in all
necessary ways community general hospitals to establish
psychiatric services.
{ - (4) - } { + (3) + } To the greatest extent possible,
the least costly settings for treatment, outpatient services and
residential facilities shall be widely available and utilized
except when contraindicated because of individual health care
needs. State agencies that purchase treatment for mental or
emotional disturbances shall develop criteria consistent with
this policy
{ - in consultation with the Mental Health and Developmental
Disability Services Division and the office of the director - } .
In reviewing applications for certificates of need, the
{ - director - } { + Director of Human Services + } shall take
this policy into account.
{ - (5) - } { + (4) + } The { - division - }
{ + department + } shall establish, coordinate, assist and
direct a community mental health and developmental disabilities
program in cooperation with local government units and integrate
such a program with the total state mental and developmental
disabilities health program.
{ - (6) - } { + (5) + } The { - division - }
{ + department + } shall promote public education in the state
concerning mental health and developmental disabilities and act
as the liaison center for work with all interested public and
Enrolled House Bill 2294 (HB 2294-B) Page 94
private groups and agencies in the field of mental health and
developmental disabilities services.
{ - (7) - } { + (6) + } The { - division - }
{ + department + } shall accept the custody of persons committed
to its care by the courts of this state.
SECTION 134. ORS 430.065 is amended to read:
430.065. (1) In adopting rules pursuant to ORS 743.556 (3), the
{ - office of Alcohol and Drug Abuse Programs and the Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } may consider standards
proposed by the American Association of Partial Hospitalization
as one possible source for such rules. In addition, an insurer or
insurers and the { - office of Alcohol and Drug Abuse Programs,
or an insurer or insurers and the Mental Health and Developmental
Disability Services Division - } { + department + } may
mutually develop agreements, standards and procedures for
programs that are approved by the { - office or the
division - } { + department + } and that provide alternative
arrangements for supervision or for review of treatment plans to
become qualified to receive payments for treatment.
(2) The { - office of Alcohol and Drug Abuse Programs and the
Mental Health and Developmental Disability Services Division - }
{ + Department of Human Services + } may require payment of an
application fee and a certification fee for the approval of
noninpatient programs described in ORS 743.556 (3) and (4).
(3) Subject to the review of the Oregon Department of
Administrative Services, the { - office of Alcohol and Drug
Abuse Programs and the Mental Health and Developmental Disability
Services Division - } { + Department of Human Services + } may
establish any fees to be imposed under subsection (2) of this
section. The fees and charges established under this section
shall not exceed the cost of administering the regulatory program
of the { - division - } { + Department of Human Services + }
pertaining to the purpose for which the fee or charge is
established, as authorized by the Legislative Assembly for the
{ - division's - } { + department's + } budget, as the budget
may be modified by the Emergency Board.
SECTION 135. ORS 430.257 is amended to read:
430.257. (1) The Legislative Assembly finds that alcohol and
other drug use, abuse and addiction:
(a) Pose significant social and public health problems for
Oregon;
(b) Impact the budgets and workloads of state and local
agencies that provide services for children and families and
contribute to incidences of crime, violence, accidents and
deaths, as well as reducing worker productivity; and
(c) Contribute substantially to the problems faced by a
significant number of persons served by the Department of Human
Services, Department of Corrections, Oregon Youth Authority,
Juvenile Crime Prevention Advisory Committee and State Commission
on Children and Families.
(2) The Department of Human Services, Department of
Corrections, Oregon Youth Authority, Juvenile Crime Prevention
Advisory Committee and State Commission on Children and Families
shall contribute to the development of a comprehensive state plan
for alcohol and other drug prevention, intervention and treatment
services.
(3) The administrative heads of the Department of Education,
Department of Human Services, Oregon State Police, Department of
Transportation, Oregon Liquor Control Commission, Juvenile Crime
Enrolled House Bill 2294 (HB 2294-B) Page 95
Prevention Advisory Committee and State Commission on Children
and Families shall each designate an individual, or in the
instance of multidivisional departments, individuals, to serve as
liaison to and assist { - both - } the Governor's Council on
Alcohol and Drug Abuse Programs { - and the Assistant Director
for Alcohol and Drug Abuse Programs - } in meeting the policies,
duties and responsibilities set forth in this section and ORS
409.010, 430.250, 430.255, 430.258, 430.259, 430.270, 430.290,
430.359, 430.368, 430.535 and 430.630.
SECTION 136. ORS 430.306 is amended to read:
430.306. As used in ORS 430.315 to 430.335, 430.397 and
430.399, unless the context requires otherwise:
{ - (1) 'Assistant director' means the assistant director of
the division. - }
{ - (2) - } { + (1) + } 'Alcoholic' means any person who
has lost the ability to control the use of alcoholic beverages,
or who uses alcoholic beverages to the extent that the health of
the person or that of others is substantially impaired or
endangered or the social or economic function of the person is
substantially disrupted. An alcoholic may be physically
dependent, a condition in which the body requires a continuing
supply of alcohol to avoid characteristic withdrawal symptoms, or
psychologically dependent, a condition characterized by an
overwhelming mental desire for continued use of alcoholic
beverages.
{ - (3) - } { + (2) + } 'Applicant' means a city, county or
any combination thereof.
{ + (3) 'Department' means the Department of Human
Services. + }
(4) 'Detoxification center' means a publicly or privately
operated profit or nonprofit facility approved by the
{ - division - } { + department + } that provides emergency
care or treatment for alcoholics or drug-dependent persons.
(5) 'Director of the treatment facility' means the person in
charge of treatment and rehabilitation programs at a treatment
facility.
{ - (6) 'Division' means the Mental Health and Developmental
Disability Services Division of the Department of Human
Services. - }
{ - (7) - } { + (6) + } 'Drug-dependent person' means one
who has lost the ability to control the personal use of
controlled substances or other substances with abuse potential,
or who uses such substances or controlled substances to the
extent that the health of the person or that of others is
substantially impaired or endangered or the social or economic
function of the person is substantially disrupted. A
drug-dependent person may be physically dependent, a condition in
which the body requires a continuing supply of a drug or
controlled substance to avoid characteristic withdrawal symptoms,
or psychologically dependent, a condition characterized by an
overwhelming mental desire for continued use of a drug or
controlled substance.
{ - (8) - } { + (7) + } 'Halfway house' means a publicly or
privately operated profit or nonprofit, residential facility
approved by the
{ - division - } { + department + } that provides
rehabilitative care and treatment for alcoholics or
drug-dependent persons.
Enrolled House Bill 2294 (HB 2294-B) Page 96
{ - (9) - } { + (8) + } 'Local alcoholism planning
committee' means a committee appointed or designated by the
county governing body under ORS 430.342.
{ - (10) - } { + (9) + } 'Other treatment facility'
includes outpatient facilities, inpatient facilities and such
other facilities as the
{ - division - } { + department + } determines suitable, any
of which may provide diagnosis and evaluation, medical care,
detoxification, social services or rehabilitation for alcoholics
or drug-dependent persons and which operate in the form of a
general hospital, a state hospital, a foster home, a hostel, a
clinic or other suitable form approved by the { - division - }
{ + department + }.
SECTION 137. ORS 430.315 is amended to read:
430.315. The Legislative Assembly finds alcoholism or drug
dependence is an illness. The alcoholic or drug-dependent person
is ill and should be afforded treatment for that illness. To the
greatest extent possible, the least costly settings for
treatment, outpatient services and residential facilities shall
be widely available and utilized except when contraindicated
because of individual health care needs. State agencies that
purchase treatment for alcoholism or drug dependence shall
develop criteria consistent with this policy in consultation with
the { - Mental Health and Developmental Disability Services
Division and the office of the director - } { + Department of
Human Services + }. In reviewing applications for certificate of
need, the { - director - } { + Director of Human Services + }
shall take this policy into account.
SECTION 138. ORS 430.405 is amended to read:
430.405. As used in ORS 161.125, 430.270, 430.405 and 430.415
{ - , unless the context requires otherwise - } :
{ + (1) 'Department' means the Department of Human Services.
(2) 'Director of the treatment facility' means the person in
charge of treatment and rehabilitation programs at the treatment
facility.
(3) 'Drug abuse' means repetitive, excessive use of drugs or
controlled substances short of dependence, without legal or
medical supervision, that may have a detrimental effect on the
individual or society. + }
{ - (1) - } { + (4) + } 'Drug-dependent person' means one
who has lost the ability to control the use of controlled
substances or other substances with abuse potential, or who uses
such substances or controlled substances to the extent that the
health of the person or that of others is substantially impaired
or endangered or the social or economic function of the person is
substantially disrupted. A drug-dependent person may be
physically dependent, a condition in which the body requires a
continuing supply of a drug or controlled substance to avoid
characteristic withdrawal symptoms, or psychologically dependent,
a condition characterized by an overwhelming mental desire for
continued use of a drug or controlled substance.
{ - (2) 'Drug abuse' means repetitive, excessive use of drugs
or controlled substances short of dependence, without legal or
medical supervision, which may have a detrimental effect on the
individual or society. - }
{ - (3) 'Division' means the Mental Health and Developmental
Disability Services Division. - }
{ - (4) 'Assistant director' means the Assistant Director for
Mental Health and Developmental Disability Services. - }
Enrolled House Bill 2294 (HB 2294-B) Page 97
(5) 'Treatment facility' means profit or nonprofit, public or
private detoxification centers, outpatient clinics, residential
facilities, hospitals and such other facilities as the
{ - Mental Health and Developmental Disability Services
Division - } { + Department of Human Services + } determines
suitable, any of which may provide diagnosis and evaluation,
medical care, detoxification, social services or rehabilitation
for drug-dependent persons.
{ - (6) 'Director of the treatment facility' means the person
in charge of treatment and rehabilitation programs at the
treatment facility. - }
SECTION 139. ORS 430.450 is amended to read:
430.450. As used in ORS 430.450 to 430.555, unless the context
requires otherwise:
{ - (1) 'Assistant director' means the Assistant Director for
Mental Health and Developmental Disability Services. - }
{ - (2) - } { + (1) + } 'Community diversion plan' means a
system of services approved and monitored by the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } in accordance with approved
county mental health plans, which may include but need not be
limited to, medical, educational, vocational, social and
psychological services, training, counseling, provision for
residential care, and other rehabilitative services designed to
benefit the defendant and protect the public.
{ - (3) - } { + (2) + } 'Crimes of violence against the
person' means criminal homicide, assault and related offenses as
defined in ORS 163.165 to 163.208, rape and sexual abuse, incest,
or any other crime involving the use of a deadly weapon or which
results in physical harm or death to a victim.
{ + (3) 'Department' means the Department of Human
Services. + }
(4) 'Diversion' means the referral or transfer from the
criminal justice system into a program of treatment or
rehabilitation of a defendant diagnosed as drug dependent and in
need of treatment at { - Mental Health and Developmental
Disability Services Division - } { + department + } approved
sites, on the condition that the defendant successfully fulfills
the specified obligations of a program designed for
rehabilitation.
(5) 'Diversion coordinator' means a person designated by a
county mental health program director to work with the criminal
justice system and health care delivery system to screen
defendants who may be suitable for diversion; to coordinate the
formulation of individual diversion plans for such defendants;
and to report to the court the performance of those defendants
being treated under an individual diversion plan.
(6) 'Director of the treatment facility' means the person in
charge of treatment and rehabilitation programs at the treatment
facility.
{ - (7) 'Division' means the Mental Health and Developmental
Disability Services Division. - }
{ - (8) - } { + (7) + } 'Drug abuse' means repetitive,
excessive use of a drug or controlled substance short of
dependence, without medical supervision, which may have a
detrimental effect on the individual or society.
{ - (9) - } { + (8) + } 'Drug-dependent person' means one
who has lost the ability to control the personal use of
controlled substances or other substances with abuse potential,
or who uses such substances or controlled substances to the
Enrolled House Bill 2294 (HB 2294-B) Page 98
extent that the health of the person or that of others is
substantially impaired or endangered or the social or economic
function of the person is substantially disrupted. A
drug-dependent person may be physically dependent, a condition in
which the body requires a continuing supply of a drug or
controlled substance to avoid characteristic withdrawal symptoms,
or psychologically dependent, a condition characterized by an
overwhelming mental desire for continued use of a drug or
controlled substance.
{ - (10) - } { + (9) + } 'Evaluation' means any diagnostic
procedures used in the determination of drug dependency, and may
include but are not limited to chemical testing, medical
examinations and interviews.
{ - (11) - } { + (10) + } 'Individual diversion plan' means
a system of services tailored to the individual's unique needs as
identified in the evaluation, which may include but need not be
limited to medical, educational, vocational, social and
psychological services, training, counseling, provision for
residential care, and other rehabilitative services designed to
benefit the defendant and protect the public. The plan shall
include appropriate methods for monitoring the individual's
progress toward achievement of the defined treatment objectives
and shall also include periodic review by the court.
{ - (12) - } { + (11) + } 'Treatment facility' means
detoxification centers, outpatient clinics, residential care
facilities, hospitals and such other facilities determined to be
suitable by the { - Mental Health and Developmental Disability
Services Division, - } { + Department of Human Services, + }
any of which may provide diagnosis and evaluation, medical care,
detoxification, social services or rehabilitation.
SECTION 140. ORS 430.610 is amended to read:
430.610. It is declared to be the policy and intent of the
Legislative Assembly that:
(1) Subject to the availability of funds, mental health
services should be available to all mentally or emotionally
disturbed, mentally retarded and developmentally disabled,
alcohol abuser, alcoholic, drug abuser and drug-dependent persons
regardless of age, county of residence or ability to pay;
(2) The { - divisions of the - } Department of Human
Services and other state agencies shall conduct their activities
in the least costly and most efficient manner so that delivery of
services to the mentally or emotionally disturbed, mentally
retarded and developmentally disabled, alcohol abuser, alcoholic,
drug abuser and drug-dependent persons shall be effective and
coordinated;
(3) To the greatest extent possible, mental health services
shall be delivered in the community where the person lives in
order to achieve maximum coordination of services and minimum
disruption in the life of the person; and
(4) The State of Oregon shall encourage, aid and financially
assist its county governments in the establishment and
development of community mental health and developmental
disabilities programs, including but not limited to, treatment
and rehabilitation services for the mentally or emotionally
disturbed, mentally retarded and developmentally disabled,
alcohol abuser, alcoholic, drug abuser and drug-dependent persons
and prevention of these problems through county administered
community mental health and developmental disabilities programs.
SECTION 140a. ORS 430.705 is amended to read:
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430.705. { + Notwithstanding ORS 430.640, + } the State of
Oregon, through the { - State Office for Services to Children
and Families - } { + Department of Human Services + }, may
establish the necessary facilities and provide comprehensive
mental health services for children throughout the state. These
services may include, but not be limited to the prevention of
mental illness, and the prevention, treatment and restoration of
emotionally disturbed, mentally ill and drug-dependent children.
SECTION 141. ORS 430.743 is amended to read:
430.743. (1) When a report is required under ORS 430.765 (1)
and (2), an oral report shall be made immediately by telephone or
otherwise to the { - Mental Health and Developmental Disability
Services Division's designee - } { + designee of the Department
of Human Services + } or a law enforcement agency within the
county where the person making the report is at the time of
contact. If known, the report shall include:
(a) The name, age and present location of the allegedly abused
adult;
(b) The names and addresses of persons responsible for the
adult's care;
(c) The nature and extent of the alleged abuse, including any
evidence of previous abuse;
(d) Any information that led the person making the report to
suspect that abuse has occurred plus any other information that
the person believes might be helpful in establishing the cause of
the abuse and the identity of the perpetrator; and
(e) The date of the incident.
(2) When a report is received by the { - division's - } { +
department's + } designee under this section, the designee shall
immediately determine whether the reported victim has sustained
any serious injury. If so, the designee shall immediately notify
the { - division - } { + department + }. If there is reason
to believe a crime has been committed, the designee shall notify
the law enforcement agency having jurisdiction within the county
where the report was made. If the designee is unable to gain
access to the allegedly abused adult, the designee may contact
the law enforcement agency for assistance and the agency shall
provide assistance. When a report is received by a law
enforcement agency, the agency shall immediately notify the law
enforcement agency having jurisdiction if the receiving agency
does not. The receiving agency shall also immediately notify the
{ - division - } { + department + } in cases of serious injury
or death.
SECTION 142. ORS 430.955 is amended to read:
430.955. (1) The { + Department of Human Services + }
{ - Health Division, the office of Alcohol and Drug Abuse
Programs - } and the Oregon Health Sciences University shall
develop a standardized screening instrument designed to identify
the use of substances during pregnancy.
(2) The { + department + } { - Health Division, the office
of Alcohol and Drug Abuse Programs - } and the Oregon Health
Sciences University shall request the boards responsible for the
licensing of health care providers and appropriate professional
organizations to work with them to conduct a series of training
sessions for health professionals who provide maternity care on
how to assess drug use in pregnancy.
SECTION 143. ORS 431.045 is amended to read:
431.045. { - (1) The Assistant Director for Health, after
interview of qualified persons, shall appoint a Deputy Assistant
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Director for Health who shall be responsible for such duties as
the assistant director may prescribe. - }
{ - (2) Either the Assistant Director for Health or the
Deputy Assistant Director for Health shall be - } { + The
Director of Human Services shall appoint + } a physician licensed
by the Board of Medical Examiners for the State of Oregon and
certified by the American Board of Preventive Medicine who shall
serve as the Public Health Officer and be responsible for the
medical and paramedical aspects of the health programs within the
{ - division - } { + department + }.
{ - (3) The Deputy Assistant Director for Health shall be in
the unclassified service and shall receive such salary as may be
provided by law. - }
SECTION 144. ORS 431.140 is amended to read:
431.140. { - (1) All rules of the Health Division shall have
the force and effect of law. - }
{ - (2) - } All state and local officers and employees,
including peace officers, shall enforce { - such - } rules
{ + adopted by the Department of Human Services relating to
public health and other health matters + } subject to the
authority of the { - Assistant Director for Health - } { +
Director of Human Services + }.
SECTION 145. ORS 431.155 is amended to read:
431.155. (1) Whenever it appears to the { - Health
Division - } { + Department of Human Services + } that any
person is engaged or about to engage in any acts or practices
{ - which - } { + that + } constitute a violation of any
statute { + relating to public health + } administered by the
{ - division or its assistant director - } { + department + },
or any rule or order issued thereunder, the { - division - }
{ + department + } may institute proceedings in the circuit
courts to enforce obedience thereto by injunction, or by other
processes, mandatory or otherwise, restraining such person, or
its officers, agents, employees and representatives from further
violation of such statute, rule or order, and enjoining upon them
obedience thereto.
(2) The provisions of this section are in addition to and not
in substitution of any other enforcement provisions contained in
any statute administered by the { - Health Division or its
assistant director - } { + department + }.
SECTION 146. ORS 431.170 is amended to read:
431.170. (1) The { - Assistant Director for Health - }
{ + Director of Human Services + } shall take direct charge of
the functions that are necessary to preserve the public health in
any county or district whenever any county or district official
fails or refuses to administer or enforce the public health laws
or rules { - which - } { + that + } the { - Assistant
Director for Health, the department of the assistant director - }
{ + director + } or board is charged to enforce.
(2) The { - Assistant Director for Health - } { + director
+ }may call to the aid of the { - assistant - } director such
assistance as is necessary for the enforcement of such statutes
and rules, the expense of which shall be borne by the county or
district making the use of this procedure necessary, to be paid
out of the respective county or district treasury upon vouchers
properly certified by the { - Assistant Director for Health - }
{ + director + }.
SECTION 147. ORS 431.195 is amended to read:
431.195. (1) There is established the Oregon Public Health
Advisory Board to serve as an advisory body to the
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{ - Assistant Director for Health - } { + Director of Human
Services + }.
(2) The members of the board shall be residents of this state
and shall be appointed by the Governor. The board shall consist
of 15 members at least one-half of whom shall be public members
broadly representing the state as a whole and the others to
include representatives of local government and public and
private health providers. At least two representatives, one
consumer and one provider, from the Oregon Health Council shall
serve on the board.
(3) The Oregon Public Health Advisory Board shall:
(a) Advise the { - Assistant Director for Health - }
{ + director + }on policy matters related to the operation of
the { - agency - } { + Department of Human Services + }.
(b) Provide a review of statewide public health issues and make
recommendations to the { - assistant - } director.
(c) Participate in public health policy development.
(4) Members shall be appointed for four-year terms. No person
shall serve more than two consecutive terms.
(5) The board shall meet at least quarterly.
(6) Members of the board shall be entitled to compensation and
expenses as provided in ORS 292.495.
(7) Vacancies on the board shall be filled by appointments of
the Governor for the unexpired term.
SECTION 148. ORS 431.210 is amended to read:
431.210. (1) There is established in the General Fund the
{ - Health Division - } { + Public Health + } Account,
classified separately as to federal and other moneys.
(2) All fines, fees, penalties, federal apportionments or
contributions and other moneys received by the { - Health
Division - } { + Department of Human Services relating to
public health + } shall be turned over to the State Treasurer not
later than the 10th day of the calendar month next succeeding
their receipt by the { - division - } { + department + } and
shall be credited to the { - Health Division - } { + Public
Health + } Account.
(3) All moneys credited to the { - Health Division - }
{ + Public Health + } Account hereby are appropriated and made
available for the payment of expenses of the { - Health
Division - } { + department + }.
SECTION 149. ORS 431.250 is amended to read:
431.250. (1) The Department of Human Services hereby is
designated as the state agency to apply to and receive from the
federal government or any agency thereof such grants for
promoting public health and the prevention of disease, including
grants for cancer control and industrial hygiene programs, as may
be available to this state or any of its political subdivisions
or agencies. { - The department may designate any of its
divisions to make applications and receive funds for the purposes
set forth in this subsection. - }
(2) For the purposes of subsection (1) of this section, the
department shall:
(a) Disburse or supervise the disbursement of all funds made
available at any time by the federal government or this state for
those purposes.
(b) Adopt, carry out and administer plans for those purposes.
Plans so adopted shall be made statewide in application insofar
as reasonably feasible, possible or permissible, and shall be so
devised as to meet the approval of the federal government or any
of its agencies, not inconsistent with the laws of the state.
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SECTION 150. ORS 431.416 is amended to read:
431.416. The local public health authority or health district
shall:
(1) Administer and enforce the rules of the local public health
authority or the health district and public health laws and
{ - the - } rules of the { - Health Division - } { +
Department of Human Services + }.
(2) Assure activities necessary for the preservation of health
or prevention of disease in the area under its jurisdiction as
provided in the annual plan of the authority or district are
performed. These activities shall include but not be limited to:
(a) Epidemiology and control of preventable diseases and
disorders;
(b) Parent and child health services, including family planning
clinics as described in ORS 435.205;
(c) Collection and reporting of health statistics;
(d) Health information and referral services; and
(e) Environmental health services.
SECTION 151. ORS 431.705 is amended to read:
431.705. As used in ORS 431.705 to 431.760, unless the context
requires otherwise:
{ - (1) 'Assistant director' means the Assistant Director for
Health. - }
{ - (2) - } { + (1) + } 'Affected territory' means an area
that is the subject of a proceedings under ORS 431.705 to 431.760
where there is a danger to public health or an alleged danger to
public health.
{ - (3) - } { + (2) + } 'Boundary commission' means a local
government boundary commission created under ORS 199.410 to
199.430, 199.435 to 199.464, 199.480 to 199.505 and 199.510.
{ - (4) - } { + (3) + } 'Commission' means the
Environmental Quality Commission.
{ - (5) - } { + (4) + } 'Danger to public health' means a
condition which is conducive to the propagation of communicable
or contagious disease-producing organisms and which presents a
reasonably clear possibility that the public generally is being
exposed to disease-caused physical suffering or illness,
including a condition such as:
(a) Impure or inadequate domestic water.
(b) Inadequate installations for the disposal or treatment of
sewage, garbage or other contaminated or putrefying waste.
(c) Inadequate improvements for drainage of surface water and
other fluid substances.
{ + (5) 'Department' means the Department of Human Services.
(6) 'Director' means the Director of Human Services. + }
{ - (6) - } { + (7) + } 'District' means any one of the
following:
(a) A metropolitan service district formed under ORS chapter
268.
(b) A county service district formed under ORS chapter 451.
(c) A sanitary district formed under ORS 450.005 to 450.245.
(d) A sanitary authority, water authority or joint water and
sanitary authority formed under ORS 450.600 to 450.989.
(e) A domestic water supply district formed under ORS chapter
264.
{ - (7) 'Division' means the Health Division of the
Department of Human Services. - }
(8) 'Requesting body' means the county court, or local or
district board of health that makes a request under ORS 431.715.
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(9) 'Service facilities' means water or sewer installations or
works.
SECTION 152. ORS 431.830 is amended to read:
431.830. { + (1) + } The { - Adult and Family Services
Division - } { + Department of Human Services + } shall
establish an acquired immune deficiency syndrome program { + :
(a) + } { - for its clientele - } To provide education and
prevention services { - . The Health Division shall
establish - } { + to its clients; and
(b) + } { - an acquired immune deficiency syndrome
program - } To provide education and prevention services to the
public.
{ + (2) + } { - Program - } { + Programs + } authorized
by this section may be operated by { - either division - }
{ + the department + } directly or under contract with public
and private agencies.
SECTION 153. ORS 431.990 is amended to read:
431.990. Unless otherwise specifically provided by any other
statute, failure to obey any rules { + relating to public
health + } of the { - Health Division, - } { + Department of
Human Services + }or failure to obey any lawful written order
{ + relating to public health + } issued by the { - Assistant
Director for Health - } { + Director of Human Services + } or
any district or county public health administrator is a Class A
misdemeanor.
SECTION 154. ORS 432.005 is amended to read:
432.005. As used in this chapter, unless the context requires
otherwise:
{ - (1) 'Assistant director' means the Assistant Director for
Health. - }
{ - (2) - } { + (1) + } 'Dead body' means a human body or
such parts of such human body from the condition of which it
reasonably may be concluded that death occurred.
{ + (2) 'Department' means the Department of Human
Services. + }
{ - (3) 'Division' means the Health Division of the
Department of Human Services. - }
{ + (3) 'Director' means the Director of Human Services. + }
(4) 'Divorce' means dissolution of a marriage.
(5) 'Fetal death' means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy. The death is indicated
by the fact that after such expulsion or extraction the fetus
does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of the voluntary muscles.
(6) 'File' means the presentation and acceptance of a vital
record or vital report provided for in this chapter by the Center
for Health Statistics.
(7) 'Final disposition' means the burial, interment, cremation,
removal from the state or other authorized disposition of a dead
body or fetus, except that when removal from the state is
conducted by the holder of a certificate of removal registration
issued under ORS 692.270, the final disposition may not be
considered complete until the certificate of death is filed.
(8) 'Induced termination of pregnancy' means the purposeful
interruption of an intrauterine pregnancy with the intention
other than to produce a live-born infant and that does not result
in a live birth.
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(9) 'Institution' means any establishment, public or private,
that provides inpatient or outpatient medical, surgical or
diagnostic care or treatment or nursing, custodial or domiciliary
care, or to which persons are committed by law.
(10) 'Live birth' means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, that, after such expulsion or
extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached.
(11) 'Person acting as a funeral service practitioner ' means:
(a) A person other than a funeral service practitioner licensed
under ORS 692.045, including but not limited to a relative,
friend or other interested party, who performs the duties of a
funeral service practitioner without payment; or
(b) A funeral service practitioner who files death certificates
in another state if the funeral service practitioner is employed
by a funeral establishment licensed in another state and
registered with the State Mortuary and Cemetery Board under ORS
692.270.
(12) 'Physician' means a person authorized or licensed under
the laws of this state to practice medicine, osteopathy,
chiropractic or naturopathic medicine.
(13) 'Registration' means the process by which vital records
and vital reports are completed, filed and incorporated into the
official records of the Center for Health Statistics.
(14) 'State registrar' means the State Registrar of the Center
for Health Statistics.
(15) 'System of vital statistics' means the registration,
collection, preservation, amendment and certification of vital
records and vital reports; the collection of other reports
required by this chapter, and activities related thereto
including the tabulation, analysis, dissemination and publication
of vital statistics and training in the use of health data.
(16) 'Vital records' means certificates or reports of birth,
death, marriage, dissolution of marriage and data related
thereto.
(17) 'Vital reports' means reports of fetal death, induced
termination of pregnancy, suicide attempts by persons under 18
years of age and survey and questionnaire documents and data
related thereto.
(18) 'Vital statistics' means the data derived from
certificates and reports of birth, death, fetal death, induced
termination of pregnancy, marriage, dissolution of marriage,
suicide attempts by persons under 18 years of age and related
reports.
SECTION 155. ORS 433.001 is amended to read:
433.001. As used in ORS 433.001 to 433.045 and 433.106 to
433.770 unless the context requires otherwise:
{ - (1) 'Assistant director' means the Assistant Director for
Health or authorized representative. - }
{ - (2) - } { + (1) + } 'Communicable disease' means a
disease or condition, the infectious agent of which may be
transmitted from one person or an animal to another person,
either by direct contact or through an intermediate host, vector
or inanimate object, and that may result in illness, death or
severe disability.
{ + (2) 'Department' means the Department of Human
Services. + }
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{ - (3) 'Division' means the Health Division of the
Department of Human Services. - }
{ + (3) 'Director' means the Director of Human Services. + }
(4) 'Local public health administrator' means the local public
health administrator of the county or district under ORS 431.418
or the authorized representative of the public health
administrator.
(5) 'Property' means animals, inanimate objects, vessels,
public conveyances, buildings and all other real or personal
property.
(6) 'Public health measure' means isolation, quarantine or
other preventative public health measure imposed on persons or
property in order to prevent the spread of or exposure to
diseases or contaminants of threat to the public.
(7) 'Reportable disease' means a disease or condition, the
reporting of which enables a public health agency to take action
to protect or to benefit the public health.
(8) 'Toxic substance' means a substance that may cause illness,
disability or death to persons who are exposed to it.
SECTION 156. ORS 433.235 is amended to read:
433.235. As used in ORS 433.235 to 433.284:
(1) 'Administrator' means the principal or other person having
general control and supervision of a school or children's
facility.
(2) 'Children's facility' or 'facility' means:
(a) A certified child care facility as described in ORS
657A.030 and 657A.250 to 657A.450, except as exempted by rule of
the { - Health Division - } { + Department of Human
Services + };
(b) A program operated by, or sharing the premises with, a
certified child care facility, school or post-secondary
institution where care is provided to children, six weeks of age
to kindergarten entry, except as exempted by rule of the
{ - Health Division - } { + department + }; or
(c) A program providing child care or educational services to
children, six weeks of age to kindergarten entry, in a
residential or nonresidential setting, except as exempted by rule
of the
{ - Health Division - } { + department + }.
(3) 'Local health department' { - or 'department' - } means
the district or county board of health, public health officer,
public health administrator or health department having
jurisdiction within the area.
(4) 'Parent' means a parent or guardian of a child or any adult
responsible for the child.
(5) 'Physician' means a physician licensed by the Board of
Medical Examiners for the State of Oregon or by the Naturopathic
Board of Examiners or a physician similarly licensed by another
state or country in which the physician practices or a
commissioned medical officer of the Armed Forces or Public Health
Service of the United States.
(6) 'School' means a public, private or parochial school
offering kindergarten through grade 12 or any part thereof,
except as exempted by rule of the { - Health Division - } { +
Department of Human Services + }.
SECTION 157. ORS 433.260 is amended to read:
433.260. (1) Whenever any administrator has reason to suspect
that any child or employee has or has been exposed to any
restrictable disease { - as prescribed by rules of the Health
Division pursuant to ORS 433.273 - } { + and is + } required by
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the rules of the { - Health Division - } { + Department of
Human Services + } to be excluded from a school or children's
facility, the administrator shall send such person home and, if
the disease is one that must be reported to the { - Health
Division, - } { + department, + } report the occurrence to the
local health department by the most direct means available.
(2) Any person excluded under subsection (1) of this section
shall not be permitted to be in the school or facility until the
person presents a certificate from a physician, local health
department nurse or school nurse stating that the person does not
have or is not a carrier of any restrictable disease.
SECTION 158. ORS 433.267 is amended to read:
433.267. (1) As a condition of attendance in any school or
children's facility in this state, every child through grade 12
shall submit to the administrator one of the following statements
unless the school or facility which the child attends already has
on file a record which indicates that the child has received
immunizations against the restrictable diseases prescribed by
rules of the { - Health Division - } { + Department of Human
Services + } as provided in ORS 433.273:
(a) A statement signed by the parent, a practitioner of the
healing arts who has within the scope of the practitioner's
license the authority to administer immunizations or a
representative of the local health department certifying the
immunizations the child has received;
(b) A statement signed by a physician or a representative of
the local health department that the child should be exempted
from receiving specified immunization because of indicated
medical diagnosis;
(c) A statement signed by the parent that the child has not
been immunized as described in paragraph (a) of this subsection
because the child is being reared as an adherent to a religion
the teachings of which are opposed to such immunization; or
(d) A statement signed by the parent of a child transferring to
a school or facility from another school or facility that the
parent will have records required by paragraphs (a) to (c) of
this subsection for the child sent to the school or facility
within 30 days of initial attendance of the child therein. The
statement shall be accompanied by a presigned exclusion order
from the local health department to be used as described in
subsection (6) of this section.
(2) A child shall be required to submit the statement described
in subsection (1) of this section prior to attending the school
or facility.
(3) Persons who have been emancipated pursuant to ORS 419B.558
or who have reached the age of majority as provided in ORS
109.510 or 109.520 may sign those statements on their own behalf
otherwise requiring the signatures of parents under subsection
(1) of this section.
(4) The administrator shall conduct a primary evaluation of the
records submitted pursuant to subsection (1) of this section to
determine whether the child is entitled to begin attendance by
reason of having submitted a statement that complies with the
requirements of subsection (1) of this section.
(5) If the records do not meet the initial minimum requirements
established by rule, the child shall not be allowed to attend
until the requirements are met. If the records meet the initial
minimum requirements, the child shall be allowed to attend.
(6) If the records are not received within 30 days, as provided
in subsection (1)(d) of this section, the administrator shall
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enforce the presigned exclusion order and exclude the child in
accordance with a time schedule established by rule of the
{ - Health Division - } { + department + }.
(7) At the time specified by the { - Health Division - }
{ + department + } by rule, records for children meeting the
initial minimum requirements and records previously on file shall
be reviewed for completion of requirements by the administrator
to determine whether the child is entitled to continue in
attendance. If the records do not comply, the administrator shall
notify the local health department and shall transmit any records
concerning the child's immunization status to the { + local
health + } department.
(8) The { + local health + } department shall provide for a
secondary evaluation of the records to determine whether the
child should be excluded for noncompliance with the requirements
stated in subsection (1)(a), (b) or (d) of this section. If the
child is determined to be in noncompliance, the { + local
health + } department shall issue an exclusion order and shall
send copies of the order to the parent or the person who is
emancipated or has reached the age of majority and the
administrator. On the effective date of the order, the
administrator shall exclude the child from the school or facility
and not allow the child to attend the school or facility until
the requirements of this section have been met.
(9) The administrator shall readmit the child to the school or
facility when in the judgment of the local health department the
child is in compliance with the requirements of this section.
(10) The administrator shall be responsible for updating the
statement described in subsection (1)(a) of this section as
necessary to reflect the current status of the immunization of
the child and the time at which the child comes into compliance
with immunizations against the restrictable diseases prescribed
by rules of the { - Health Division - } { + department + }
pursuant to ORS 433.273.
(11) Nothing in this section shall be construed as relieving
agencies, in addition to school districts, which are involved in
the maintenance and evaluation of immunization records on April
27, 1981, from continuing responsibility for these activities.
(12) All statements required by this section shall be on forms
approved or provided by the { - Health Division - } { +
department + }.
(13) In lieu of signed statements from practitioners of the
healing arts, the { - division - } { + department + } may
accept immunization record updates using practitioner documented
immunization records generated by electronic means or on
practitioner letterhead but unsigned, if the { - division - }
{ + department + } determines such records are accurate.
SECTION 159. ORS 435.205 is amended to read:
435.205. (1) The Department of Human Services and every county
health department shall offer family planning and birth control
services within the limits of available funds. Both agencies
jointly may offer such services. The Director of Human Services
{ + or a designee + } { - may designate which divisions - }
shall initiate and conduct discussions of family planning with
each person who might have an interest in and benefit from such
service. The Department of Human Services { - through its
divisions - } shall furnish consultation and assistance to county
health departments.
(2) Family planning and birth control services may include
Enrolled House Bill 2294 (HB 2294-B) Page 108
{ - interview - } { + interviews + } with trained personnel;
distribution of literature; referral to a licensed physician for
consultation, examination, medical treatment and prescription;
and, to the extent so prescribed, the distribution of rhythm
charts, the initial supply of a drug or other medical
preparation, contraceptive devices and similar products.
(3) Any literature, charts or other family planning and birth
control information offered under this section in counties in
which a significant segment of the population does not speak
English shall be made available in the appropriate foreign
language for that segment of the population.
(4) In carrying out its duties under this section, and with the
consent of the county governing body, any county health
department may adopt a fee schedule for services provided by the
{ + county health + } department. The fees shall be reasonably
calculated not to exceed costs of services provided and may be
adjusted on a sliding scale reflecting ability to pay.
(5) The county health department shall collect fees according
to the schedule adopted under subsection (4) of this section.
Such fees may be used to meet the expenses of providing the
services authorized by this section.
{ + NOTE: + } Section 160 was deleted by amendment.
Subsequent sections were not renumbered.
SECTION 161. ORS 441.020 is amended to read:
441.020. (1) Licenses for health care facilities
{ - except - } { + including + } long term care facilities, as
defined in ORS 442.015, shall be obtained from the { - Health
Division. - } { + Department of Human Services. + }
{ - (2) Licenses for long term care facilities shall be
obtained from the Senior and Disabled Services Division. - }
{ - (3) - } { + (2) + } Applications shall be upon such
forms and shall contain such information as the { - appropriate
division - } { + department + } may reasonably require, which
may include affirmative evidence of ability to comply with such
reasonable standards and rules as may lawfully be prescribed
under ORS 441.055.
{ - (4) - } { + (3) + } Each application shall be
accompanied by the license fee. If the license is denied, the fee
shall be refunded to the applicant. If the license is issued, the
fee shall be paid into the State Treasury to the credit of the
{ - appropriate division - } { + Department of Human Services
Account + } for carrying out the functions under ORS 441.015 to
441.063 and 431.607 to 431.619.
{ - (5) - } { + (4) + } Except as otherwise provided in
subsection { - (6) - } { + (5) + } of this section, for
hospitals with:
(a) Fewer than 26 beds, the annual license fee shall be $750.
(b) Twenty-six beds or more but fewer than 50 beds, the annual
license fee shall be $1,000.
(c) Fifty or more beds but fewer than 100 beds, the annual
license fee shall be $1,900.
(d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be $2,900.
(e) Two hundred or more beds, the annual license fee shall be
$3,400.
{ - (6) - } { + (5) + } For long term care facilities with:
(a) Fewer than 16 beds, the annual license fee shall be up to
$120.
(b) Sixteen beds or more but fewer than 50 beds, the annual
license fee shall be up to $175.
Enrolled House Bill 2294 (HB 2294-B) Page 109
(c) Fifty beds or more but fewer than 100 beds, the annual
license fee shall be up to $350.
(d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be up to $450.
(e) Two hundred beds or more, the annual license fee shall be
up to $580.
{ - (7) - } { + (6) + } For special inpatient care
facilities with:
(a) Fewer than 26 beds, the annual license fee shall be $750.
(b) Twenty-six beds or more but fewer than 50 beds, the annual
license fee shall be $1,000.
(c) Fifty beds or more but fewer than 100 beds, the annual
license fee shall be $1,900.
(d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be $2,900.
(e) Two hundred beds or more, the annual license fee shall be
$3,400.
{ - (8) - } { + (7) + } For ambulatory surgical centers,
the annual license fee shall be $1,000.
{ - (9) - } { + (8) + } For birthing centers, the annual
license fee shall be $250.
{ - (10) - } { + (9) + } During the time the licenses
remain in force holders thereof are not required to pay
inspection fees to any county, city or other municipality.
{ - (11) - } { + (10) + } Any health care facility license
may be indorsed to permit operation at more than one location. In
such case the applicable license fee shall be the sum of the
license fees which would be applicable if each location were
separately licensed.
{ - (12) - } { + (11) + } Licenses for health maintenance
organizations shall be obtained from the Director of the
Department of Consumer and Business Services pursuant to ORS
731.072.
SECTION 162. ORS 441.022 is amended to read:
441.022. In determining whether to license a health care
facility pursuant to ORS 441.025, the { - Health Division or
the Senior and Disabled Services Division - } { + Department of
Human Services + } shall consider only factors relating to the
health and safety of individuals to be cared for therein and
shall not consider whether the health care facility is or will be
a governmental, charitable or other nonprofit institution or
whether it is or will be an institution for profit.
SECTION 163. ORS 441.025 is amended to read:
441.025. (1) Upon receipt of an application and the license
fee, the { - Health Division or the Senior and Disabled
Services Division - } { + Department of Human Services + }
shall issue a license if it finds that the applicant and health
care facility comply with ORS 441.015 to 441.063, 441.085 and
441.087 and the rules of the
{ - appropriate division - } { + department + } provided that
it does not receive within the time specified a certificate of
noncompliance issued by the State Fire Marshal, deputy, or
approved authority pursuant to ORS 479.215.
(2) Each license, unless sooner suspended or revoked, shall be
renewable annually for the calendar year upon payment of the fee,
provided that a certificate of noncompliance has not been issued
by the State Fire Marshal, deputy, or approved authority pursuant
to ORS 479.215.
Enrolled House Bill 2294 (HB 2294-B) Page 110
(3) Each license shall be issued only for the premises and
persons or governmental units named in the application and shall
not be transferable or assignable.
(4) Licenses shall be posted in a conspicuous place on the
licensed premises as prescribed by rule of the { - appropriate
division - } { + department + }.
(5) No license shall be issued or renewed for any health care
facility or health maintenance organization that offers or
proposes to develop a new health service unless a certificate of
need has first been issued therefor pursuant to ORS 442.340 (1987
Replacement Part) or approval has been granted under ORS 442.315
or section 9, chapter 1034, Oregon Laws 1989.
(6) No license shall be issued or renewed for any skilled
nursing facility or intermediate care facility, as defined in ORS
442.015, unless the applicant has included in the application the
name and such other information as may be necessary to establish
the identity and financial interests of any person who has
incidents of ownership in the facility representing an interest
of 10 percent or more thereof. If the person having such interest
is a corporation, the name of any stockholder holding stock
representing an interest in the facility of 10 percent or more
shall also be included in the application. If the person having
such interest is any other entity, the name of any member thereof
having incidents of ownership representing an interest of 10
percent or more in the facility shall also be included in the
application.
(7) A license may be denied to any applicant for a license or
renewal thereof or any stockholder of any such applicant who has
incidents of ownership in the facility representing an interest
of 10 percent or more thereof, or an interest of 10 percent or
more of a lease agreement for the facility, if during the five
years prior to the application the applicant or any stockholder
of the applicant had an interest of 10 percent or more in the
facility or of a lease for the facility and has divested that
interest after receiving written notice from the
{ - division - } { + department + } of intention to suspend or
revoke the license or to decertify the home from eligibility to
receive payments for services provided under this section.
(8) No license shall be issued or renewed for any long term
care facility, as defined in ORS 442.015, unless the applicant
has included in the application the identity of any person who
has incident of ownership in the facility who also has a
financial interest in any pharmacy, as defined in ORS 689.005.
SECTION 164. ORS 441.030 is amended to read:
441.030. (1) The { - Health Division or the Senior and
Disabled Services Division of the - } Department of Human
Services, pursuant to ORS 479.215, shall deny, suspend or revoke
a license in any case where the State Fire Marshal, or the
representative of the State Fire Marshal, certifies that there is
a failure to comply with all applicable laws, lawful ordinances
and rules relating to safety from fire.
(2) The { - appropriate division - } { + department + } may
deny, suspend or revoke a license in any case where it finds that
there has been a substantial failure to comply with ORS 441.015
to 441.063, 441.085, 441.087, 441.990 (3) or the rules or minimum
standards adopted under those statutes.
(3) The { - appropriate division - } { + department + } may
suspend or revoke a license issued under ORS 441.025 for failure
to comply with a { - division - } { + department + } order
arising from a health care facility's substantial lack of
Enrolled House Bill 2294 (HB 2294-B) Page 111
compliance with the provisions of ORS 441.015 to 441.063, 441.084
to 441.087 and 441.990 (3), or the rules adopted thereunder, or
for failure to pay a civil penalty imposed under ORS 441.710.
(4) The { - Senior and Disabled Services Division - }
{ + department + } may order a long term care facility licensed
under ORS 441.025 to restrict the admission of patients when the
{ - division - } { + department + } finds an immediate threat
to patient health and safety arising from failure of the long
term care facility to be in compliance with ORS 441.015 to
441.063, 441.084 to 441.087 and the rules adopted pursuant
thereto.
(5) Any long term care facility which has been ordered to
restrict the admission of patients pursuant to subsection (4) of
this section shall post a notice of such restriction, provided by
the { - division - } { + department + }, on all doors
providing ingress to and egress from the facility, for the
duration of the restriction.
SECTION 165. ORS 441.037 is amended to read:
441.037. (1) When the { - Health Division or the Senior and
Disabled Services Division - } { + Department of Human
Services + } proposes to refuse to issue or renew a license, or
proposes to revoke or suspend a license, opportunity for hearing
shall be accorded as provided in ORS 183.310 to 183.550.
(2) Adoption of rules, conduct of hearings, issuance of orders
and judicial review of rules and orders shall be in accordance
with ORS 183.310 to 183.550.
SECTION 166. ORS 441.050 is amended to read:
441.050. Notwithstanding the existence and pursuit of any other
remedy, the { - Health Division or the Senior and Disabled
Services Division - } { + Department of Human Services + } may,
in the manner provided by law, maintain an action in the name of
the state for injunction or other process against any person or
governmental unit to restrain or prevent the establishment,
conduct, management or operation of a health care facility or
health maintenance organization without a license.
SECTION 167. ORS 441.055 is amended to read:
441.055. (1) The { - Health Division and the Senior and
Disabled Services Division - } { + Department of Human
Services + } shall adopt such rules with respect to the different
types of health care facilities as may be designed to further the
accomplishment of the purposes of ORS 441.015 to 441.087. No
rules shall require any specific food so long as the necessary
nutritional food elements are present.
(2) Rules describing care given in health care facilities shall
include, but not be limited to, standards of patient care or
patient safety, adequate professional staff organizations,
training of staff for whom no other state regulation exists,
suitable delineation of professional privileges and adequate
staff analyses of clinical records. The { - appropriate
division - } { + department + } may in its discretion accept
certificates by the Joint Commission on Accreditation of
Hospitals or the Committee on Hospitals of the American
Osteopathic Association as evidence of compliance with acceptable
standards.
(3) The governing body of each health care facility shall be
responsible for the operation of the facility, the selection of
the medical staff and the quality of care rendered in the
facility. The governing body shall:
Enrolled House Bill 2294 (HB 2294-B) Page 112
(a) Ensure that all health care personnel for whom state
licenses, registrations or certificates are required are
currently licensed, registered or certified;
(b) Ensure that physicians admitted to practice in the facility
are granted privileges consistent with their individual training,
experience and other qualifications;
(c) Ensure that procedures for granting, restricting and
terminating privileges exist and that such procedures are
regularly reviewed to assure their conformity to applicable law;
(d) Ensure that physicians admitted to practice in the facility
are organized into a medical staff in such a manner as to
effectively review the professional practices of the facility for
the purposes of reducing morbidity and mortality and for the
improvement of patient care; and
(e) Ensure that a physician is not denied medical staff
membership or privileges at the facility solely on the basis that
the physician holds medical staff membership or privileges at
another health care facility.
(4) The physicians organized into a medical staff pursuant to
subsection (3) of this section shall propose medical staff bylaws
to govern the medical staff. The bylaws shall include, but not be
limited to the following:
(a) Procedures for physicians admitted to practice in the
facility to organize into a medical staff pursuant to subsection
(3) of this section;
(b) Procedures for ensuring that physicians admitted to
practice in the facility are granted privileges consistent with
their individual training, experience and other qualifications;
(c) Provisions establishing a framework for the medical staff
to nominate, elect, appoint or remove officers and other persons
to carry out medical staff activities with accountability to the
governing body;
(d) Procedures for ensuring that physicians admitted to
practice in the facility are currently licensed by the Board of
Medical Examiners for the State of Oregon;
(e) Procedures for ensuring that the facility's procedures for
granting, restricting and terminating privileges are followed and
that such procedures are regularly reviewed to assure their
conformity to applicable law; and
(f) Procedures for ensuring that physicians provide services
within the scope of the privileges granted by the governing body.
(5) Amendments to medical staff bylaws shall be accomplished
through a cooperative process involving both the medical staff
and the governing body. Medical staff bylaws shall be adopted,
repealed or amended when approved by the medical staff and the
governing body. Approval shall not be unreasonably withheld by
either. Neither the medical staff nor the governing body shall
withhold approval if such repeal, amendment or adoption is
mandated by law, statute or regulation or is necessary to obtain
or maintain accreditation or to comply with fiduciary
responsibilities or if the failure to approve would subvert the
stated moral or ethical purposes of the institution.
(6) The Board of Medical Examiners for the State of Oregon may
appoint one or more physicians to conduct peer review for a
health care facility upon request of such review by all of the
following:
(a) The physician whose practice is being reviewed.
(b) The executive committee of the health care facility's
medical staff.
(c) The governing body of the health care facility.
Enrolled House Bill 2294 (HB 2294-B) Page 113
(7) The physicians appointed pursuant to subsection (6) of this
section shall be deemed agents of the Board of Medical Examiners
for the State of Oregon, subject to the provisions of ORS 30.310
to 30.400 and shall conduct peer review. Peer review shall be
conducted pursuant to the bylaws of the requesting health care
facility.
(8) Any person serving on or communicating information to a
peer review committee shall not be subject to an action for
damages for action or communications or statements made in good
faith.
(9) All findings and conclusions, interviews, reports, studies,
communications and statements procured by or furnished to the
peer review committee in connection with a peer review are
confidential pursuant to ORS 192.501 to 192.505 and 192.690 and
all data is privileged pursuant to ORS 41.675.
(10) Notwithstanding subsection (9) of this section, a written
report of the findings and conclusions of the peer review shall
be provided to the governing body of the health care facility who
shall abide by the privileged and confidential provisions set
forth in subsection (9) of this section.
(11) Procedures for peer review established by subsections (6)
to (10) of this section are exempt from ORS 183.310 to 183.550.
(12) The { - Health Division - } { + department + } shall
adopt by rule standards for rural hospitals, as defined in ORS
442.470, that specifically address the provision of care to
postpartum and newborn patients so long as patient care is not
adversely affected.
(13) For purposes of this section, 'physician' has the meaning
given the term in ORS 677.010.
SECTION 168. ORS 441.057 is amended to read:
441.057. (1) Rules adopted by the { - Health Division or the
Senior and Disabled Services Division - } { + Department of
Human Services + } pursuant to ORS 441.055 shall include
procedures for the filing of complaints as to the standard of
care in any health care facility and provide for the
confidentiality of the identity of any complainant.
(2) No health care facility, or person acting in the interest
of the facility, shall take any disciplinary or other adverse
action against any employee who in good faith brings evidence of
inappropriate care or any other violation of law or rules to the
attention of the proper authority solely because of the
employee's action as described in this subsection.
(3) Any employee who has knowledge of inappropriate care or any
other violation of law or rules shall utilize established
reporting procedures of the health care facility administration
before notifying the { - Health Division, the Senior and
Disabled Services Division - } { + department + } or other
state agency of the alleged violation, unless the employee
believes that patient health or safety is in immediate jeopardy
or the employee makes the report to the { - Health Division or
the Senior and Disabled Services Division - }
{ + department + } under the confidentiality provisions of
subsection (1) of this section.
(4) The protection of health care facility employees under
subsection (2) of this section shall commence with the reporting
of the alleged violation by the employee to the administration of
the health care facility or to the { - Health Division, the
Senior and Disabled Services Division - } { + department + } or
other state agency pursuant to subsection (3) of this section.
Enrolled House Bill 2294 (HB 2294-B) Page 114
(5) Any person suffering loss or damage due to any violation of
subsection (2) of this section has a right of action for damages
in addition to other appropriate remedy.
SECTION 169. ORS 441.060, as amended by section 178, chapter
104, Oregon Laws 2001 (Enrolled House Bill 2609), is amended to
read:
441.060. (1) The { - Health Division or the Senior and
Disabled Services Division - } { + Department of Human
Services + } shall make or cause to be made such inspections as
it may deem necessary.
(2) The Department of Human Services may prescribe by rule that
any licensee or prospective applicant desiring to make specified
types of alteration or addition to its facilities or to construct
new facilities shall, before commencing such alteration, addition
or new construction, either prior to or after receiving a
certificate of need pursuant to ORS 442.340 (1987 Replacement
Part), if required, submit plans and specifications therefor to
the department { - , - } for preliminary inspection and
approval or recommendations with respect to compliance with the
rules authorized by ORS 441.055 and 443.420 and for compliance
with National Fire Protection Association standards when the
facility is also to be Medicare or Medicaid certified. The
department may require by rule payment of a fee for project
review services at a variable rate, dependent on total project
cost. For health care facilities, the department shall develop a
review fee schedule as minimally necessary to support the
staffing level and expenses required to administer the program.
The fee for project review of residential care facilities shall
equal two-thirds that required of health care facilities. The
department may also { - participate in - } { + conduct + } an
on-site review of projects { - in cooperation with the Health
Division and Senior and Disabled Services Division - } as a
prerequisite to licensure of new facilities, major renovations
and expansions. The department shall, at least annually, { - in
cooperation with the Health Division, Senior and Disabled
Services Division and - } with the advice of facilities covered
by this review, present proposed rule changes regarding facility
design and construction to such agencies for their consideration.
The department shall also publish a state submissions guide for
health and residential care facility projects and advise project
sponsors of applicable requirements of federal, state and local
regulatory agencies.
SECTION 170. ORS 441.062 is amended to read:
441.062. (1) In conducting inspections for the purpose of
licensing health care facilities under ORS 441.020, the
{ - Health Division and the Senior and Disabled Services
Division - } { + Department of Human Services + } shall avoid
unnecessary facility disruption by coordinating inspections
performed by the { - divisions - } { + department + } with
inspections performed by other federal, state and local agencies
that have responsibility for health care facility licensure.
(2) Whenever possible, the { - Health Division and the Senior
and Disabled Services Division - } { + department + } shall
avoid duplication of inspections by accepting inspection reports
or surveys prepared by other state agencies that have
responsibility for health care facility licensure for purposes of
the inspection required for licensure.
(3) The { - Health Division and the Senior and Disabled
Services Division - } { + department + } shall adopt all rules
necessary to implement this section.
Enrolled House Bill 2294 (HB 2294-B) Page 115
SECTION 171. ORS 441.085 is amended to read:
441.085. (1) The { - Health Division and the Senior and
Disabled Services Division - } { + Department of Human
Services + } may by rule establish classifications and
descriptions for the various types of health care facilities
{ - which - } { + that + } are licensed under ORS 441.015 to
441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342,
442.344 and 442.400 to 442.463.
(2) A health care facility licensed by the { - appropriate
division - } { + department + } shall neither assume a
descriptive title nor be represented under any descriptive title
other than the classification title established by the
{ - appropriate division - } { + department + } and under
which it is licensed.
SECTION 172. ORS 441.109 is amended to read:
441.109. The office of the Long Term Care Ombudsman shall carry
out the following duties:
(1) Investigate and resolve complaints made by or for residents
of long term care facilities about administrative actions that
may adversely affect their health, safety, welfare or rights,
including subpoenaing any person to appear, give sworn testimony
or to produce documentary or other evidence that is reasonably
material to any matter under investigation.
(2) Undertake, participate in or cooperate with persons and
agencies in such conferences, inquiries, meetings or studies as
may lead to improvements in the functioning of long term care
facilities.
(3) Monitor the development and implementation of federal,
state and local laws, regulations and policies that relate to
long term care facilities in this state.
(4) Provide information to public agencies about the problems
of residents of long term care facilities.
(5) Work closely with cooperative associations and citizen
groups in this state.
(6) Widely publicize the Long Term Care Ombudsman's service,
purpose and mode of operation.
(7) Collaborate with the Department of Human Services { - ,
specifically the Senior and Disabled Services Division, the Adult
and Family Services Division, the Health Division - } and the
Board of Examiners of Nursing Home Administrators to establish a
statewide system to collect and analyze information on complaints
and conditions in long term care facilities for the purpose of
publicizing improvements and resolving significant problems.
(8) Appoint designees to serve as local representatives of the
office in various districts of the state and regularly monitor
their functions.
(9) Specify qualifications and duties of designees.
(10) Adopt rules necessary for carrying out ORS 441.100 to
441.133, after consultation with the committee.
(11) Provide periodically, or at least twice annually, a report
to the Governor, { - Health Division, Senior and Disabled
Services Division - } { + department + } and the Legislative
Assembly.
(12) Prepare necessary reports with the assistance of the
{ - Senior and Disabled Services Division - } { +
department + }.
SECTION 173. ORS 441.277 is amended to read:
441.277. As used in ORS 441.277 to 441.323:
Enrolled House Bill 2294 (HB 2294-B) Page 116
{ - (1) 'Assistant director' means the Assistant Director for
Senior and Disabled Services of the Department of Human
Services. - }
{ - (2) 'Division' means the Senior and Disabled Services
Division of the Department of Human Services. - }
{ + (1) 'Department' means the Department of Human Services.
(2) 'Director' means Director of Human Services. + }
(3) 'Facility' means a long term care facility as defined in
ORS 442.015 or a residential care facility as defined in ORS
443.400. Facilities { - under the jurisdiction of the State
Office for Services to Children and Families - } { + licensed
under ORS 418.205 to 418.325 by the department + } are exempt
from ORS 441.277 to 441.323.
(4) 'Monitor' means an agent of the { - assistant - }
director designated by the { - assistant - } director to
observe the operation of a facility.
SECTION 174. ORS 441.678 is amended to read:
441.678. (1) If a nursing assistant found by the { - Senior
and Disabled Services Division - } { + Department of Human
Services + } to be responsible for abuse does not respond to the
{ - division - } { + department + } within 30 days after
notice of the opportunity for an administrative review, the
{ - division - } { + department + } shall notify the Oregon
State Board of Nursing, which shall place the abuse finding in
the registry maintained under ORS 678.150.
(2) If a nursing assistant is found to be responsible for
abuse, neglect or misappropriation of a resident's funds, the
nursing assistant is entitled to an administrative review under
subsection (3) of this section. If, after the review, the nursing
assistant is found responsible, the { - division - }
{ + department + } shall notify the Oregon State Board of
Nursing of its finding, which shall place the finding in the
registry maintained under ORS 678.150.
(3) The administrative review shall be conducted by a panel of
three persons, consisting of one person from the
{ - division's - } { + department's + } management staff
{ + who is responsible for the monitoring of nursing homes + },
one person who is a registered nurse and who is on the staff of
{ - or is a member of - } the Oregon State Board of Nursing and
one person who is on the staff of the
{ - Department of Human Services - } { + department + } but
{ - not on the division's staff - } { + not directly involved
in the monitoring of nursing homes + } and who has expertise in
areas related to nursing care in a facility.
SECTION 175. ORS 441.685 is amended to read:
441.685. (1) Upon receipt of a report under ORS 441.645 to
441.680 or upon receipt of a complaint by a resident or legal
guardian of a resident, or other public or private official, as
defined in ORS 441.630 by the { - appropriate division - }
{ + Department of Human Services + }, the { - Assistant
Director for Senior and Disabled Services - } { + Director of
Human Services + } may designate monitors who shall observe the
activities of the facility and report to the
{ - assistant - } director. The monitors may be designated
without prior notice to the operator or owner of the facility.
The monitors shall observe the operations of the facility for a
period of not to exceed 10 days, assist the facility by advising
it on how to comply with state requirements and shall submit a
written report periodically to the { - assistant - } director
on the operation and condition of the facility.
Enrolled House Bill 2294 (HB 2294-B) Page 117
(2) The monitors shall have access to the facilities to the
extent necessary to carry out their duties. The monitors shall
also have access to all records pertaining to the operation of
the facility.
(3) Upon completion of their investigations, the monitors shall
file a final report with the { - assistant - } director and
may:
(a) Find that problems in the facility have been resolved and
recommend that further action by the { - Senior and Disabled
Services Division - } { + department + } is unnecessary;
(b) Find that the problems in the facility are continuing but
the facility owner, operator or other controlling person can
resolve them within a period of not more than three months, and
that during the three-month period the health and welfare of the
residents of the facility are not jeopardized thereby; or
(c) Find that the problems of the facility have not been
resolved and the { - Senior and Disabled Services Division - }
{ + department + } should take steps to obtain compliance with
resident care standards and continue monitoring for an additional
period.
{ - (4) With the consent of the Director of Human Services,
the assistant director may designate monitors from other
divisions of the Department of Human Services. - }
{ - (5) - } { + (4) + } Associations representing long term
care facilities may initiate a peer review process for any
facility that is a member of the association and that is the
subject of any complaint filed against it under ORS 441.630 to
441.685, 678.037 and 678.155 or any other provision of law. The
report of the peer review process shall be submitted to the
{ - division - } { + department + }. The peer review described
in this subsection is in addition to and not in lieu of any other
investigation, observation or report of the monitors otherwise
required or authorized by ORS 441.630 to 441.685, 678.037 and
678.155. The association and persons conducting the peer review
process acting in good faith shall not be subject to an action
for civil damages as a result thereof.
{ - (6) - } { + (5) + } As used in this section:
{ - (a) 'Assistant director' means the Assistant Director for
Senior and Disabled Services of the Department of Human
Services. - }
{ - (b) 'Division' means the Senior and Disabled Services
Division of the Department of Human Services. - }
{ + (a) 'Department' means the Department of Human Services.
(b) 'Director' means the Director of Human Services. + }
(c) 'Facility' means a long term care facility as defined in
ORS 442.015.
(d) 'Monitor' means an agent of the { - assistant - }
director designated by the { - assistant - } director to
observe the operation of a facility.
SECTION 176. ORS 441.690 is amended to read:
441.690. Upon the request of any person filing a complaint to
be investigated by { - the Senior and Disabled Services
Division or - } the Department of Human Services against a long
term care facility, as defined in ORS 442.015, or against a
residential care facility, as defined in ORS 443.400, the
complainant or a designee thereof, or both, shall be allowed to
accompany an investigator to the site of the alleged violation.
SECTION 177. ORS 441.705 is amended to read:
441.705. (1) 'Person' means a licensee under ORS 441.015 to
441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342,
Enrolled House Bill 2294 (HB 2294-B) Page 118
442.344 and 442.400 to 442.463, or a person whom the
{ - assistant director - } { + Director of Human Services + }
finds should be so licensed but is not, but does not include any
employee of such licensee or person.
(2) 'Direct patient care or feeding' means any care provided
directly to or for any patient related to that patient's
physical, medical and dietary well-being as defined by rules of
the { - Health Division or the Senior and Disabled Services
Division - } { + Department of Human Services + }.
(3) 'Staff to patient ratio' means the number and training of
persons providing direct patient care as defined in rules of the
{ - Health Division or the Senior and Disabled Services
Division - } { + department + }.
SECTION 178. ORS 441.990 is amended to read:
441.990. (1) Violation of ORS 441.015 (1) is a violation
punishable, upon conviction, by a fine of not more than $100 for
the first violation and not more than $500 for each subsequent
violation. Each day of continuing violation after a first
conviction shall be considered a subsequent violation.
(2)(a) Violation of ORS 441.815 (1) is a violation punishable
by a fine of $10.
(b) Violation of ORS 441.815 (2) or (3) is a Class D violation.
(3) Any person who willfully prevents, interferes with, or
attempts to impede in any way the work of any duly authorized
representative of the { - Senior and Disabled Services
Division - } { + Department of Human Services + } in the lawful
carrying out of the provisions of ORS 441.087 (1) is guilty of a
Class C misdemeanor.
(4) The removal of the notice required by ORS 441.030 (5) by
any person other than an official of { - the Health Division or
the Senior and Disabled Services Division of - } the { +
department + }
{ - Department of Human Services, as appropriate, - } is a
Class C misdemeanor.
SECTION 179. ORS 442.015, as amended by section 1, chapter 100,
Oregon Laws 2001 (Enrolled House Bill 2241), and section 181a,
chapter 104, Oregon Laws 2001 (Enrolled House Bill 2609), is
amended to read:
442.015. As used in ORS chapter 441 and this chapter, unless
the context requires otherwise:
(1) 'Acquire' or 'acquisition' refers to obtaining equipment,
supplies, components or facilities by any means, including
purchase, capital or operating lease, rental or donation, with
intention of using such equipment, supplies, components or
facilities to provide health services in Oregon. When equipment
or other materials are obtained outside of this state,
acquisition is considered to occur when the equipment or other
materials begin to be used in Oregon for the provision of health
services or when such services are offered for use in Oregon.
(2) 'Adjusted admission' means the sum of all inpatient
admissions divided by the ratio of inpatient revenues to total
patient revenues.
(3) 'Affected persons' has the same meaning as given to '
party' in ORS 183.310 (6).
(4) 'Ambulatory surgical center' means a facility that performs
outpatient surgery not routinely or customarily performed in a
physician's or dentist's office, and is able to meet health
facility licensure requirements.
(5) 'Audited actual experience' means data contained within
financial statements examined by an independent, certified public
Enrolled House Bill 2294 (HB 2294-B) Page 119
accountant in accordance with generally accepted auditing
standards.
(6) 'Budget' means the projections by the hospital for a
specified future time period of expenditures and revenues with
supporting statistical indicators.
(7) 'Case mix' means a calculated index for each hospital,
based on financial accounting and case mix data collection as set
forth in ORS 442.425, reflecting the relative costliness of that
hospital's mix of cases compared to a state or national mix of
cases.
(8) 'Council' means the Oregon Health Council.
(9) 'Department' means the Department of Human Services of the
State of Oregon.
(10) 'Develop' means to undertake those activities which on
their completion will result in the offer of a new institutional
health service or the incurring of a financial obligation, as
defined under applicable state law, in relation to the offering
of such a health service.
(11) 'Director' means the Director of Human Services.
(12) 'Expenditure' or 'capital expenditure' means the actual
expenditure, an obligation to an expenditure, lease or similar
arrangement in lieu of an expenditure, and the reasonable value
of a donation or grant in lieu of an expenditure but not
including any interest thereon.
(13) 'Freestanding birthing center' means a facility licensed
for the primary purpose of performing low risk deliveries.
(14) 'Governmental unit' means the state, or any county,
municipality or other political subdivision, or any related
department, division, board or other agency.
(15) 'Gross revenue' means the sum of daily hospital service
charges, ambulatory service charges, ancillary service charges
and other operating revenue. 'Gross revenue' does not include
contributions, donations, legacies or bequests made to a hospital
without restriction by the donors.
(16)(a) 'Health care facility' means a hospital, a long term
care facility, an ambulatory surgical center, a freestanding
birthing center or an outpatient renal dialysis facility.
(b) 'Health care facility' does not mean:
(A) An establishment furnishing residential care or treatment
not meeting federal intermediate care standards, not following a
primarily medical model of treatment, prohibited from admitting
persons requiring 24-hour nursing care and licensed or approved
under the rules of the { + Department of Human Services or
the + } { - Mental Health and Developmental Disability Services
Division, Senior and Disabled Services Division, State Office for
Services to Children and Families, - } Department of Corrections
{ - or Vocational Rehabilitation Division - } ; or
(B) An establishment furnishing primarily domiciliary care.
(17) 'Health maintenance organization' or 'HMO' means a public
organization or a private organization organized under the laws
of any state which:
(a) Is a qualified HMO under section 1310 (d) of the U.S.
Public Health Services Act; or
(b)(A) Provides or otherwise makes available to enrolled
participants health care services, including at least the
following basic health care services: Usual physician services,
hospitalization, laboratory, X-ray, emergency and preventive
services, and out-of-area coverage;
(B) Is compensated, except for copayments, for the provision of
the basic health care services listed in subparagraph (A) of this
Enrolled House Bill 2294 (HB 2294-B) Page 120
paragraph to enrolled participants on a predetermined periodic
rate basis; and
(C) Provides physicians' services primarily directly through
physicians who are either employees or partners of such
organization, or through arrangements with individual physicians
or one or more groups of physicians organized on a group practice
or individual practice basis.
(18) 'Health services' means clinically related diagnostic,
treatment or rehabilitative services, and includes alcohol, drug
or controlled substance abuse and mental health services that may
be provided either directly or indirectly on an inpatient or
ambulatory patient basis.
(19) 'Hospital' means a facility with an organized medical
staff, with permanent facilities that include inpatient beds and
with medical services, including physician services and
continuous nursing services under the supervision of registered
nurses, to provide diagnosis and medical or surgical treatment
primarily for but not limited to acutely ill patients and
accident victims, to provide treatment for the mentally ill or to
provide treatment in special inpatient care facilities.
(20) 'Institutional health services' means health services
provided in or through health care facilities and includes the
entities in or through which such services are provided.
(21) 'Intermediate care facility' means a facility that
provides, on a regular basis, health-related care and services to
individuals who do not require the degree of care and treatment
that a hospital or skilled nursing facility is designed to
provide, but who because of their mental or physical condition
require care and services above the level of room and board that
can be made available to them only through institutional
facilities.
(22) 'Long term care facility' means a facility with permanent
facilities that include inpatient beds, providing medical
services, including nursing services but excluding surgical
procedures except as may be permitted by the rules of the
director, to provide treatment for two or more unrelated
patients. ' Long term care facility' includes skilled nursing
facilities and intermediate care facilities but may not be
construed to include facilities licensed and operated pursuant to
ORS 443.400 to 443.455.
(23) 'Major medical equipment' means medical equipment that is
used to provide medical and other health services and that costs
more than $1 million. 'Major medical equipment' does not include
medical equipment acquired by or on behalf of a clinical
laboratory to provide clinical laboratory services, if the
clinical laboratory is independent of a physician's office and a
hospital and has been determined under Title XVIII of the Social
Security Act to meet the requirements of paragraphs (10) and (11)
of section 1861(s) of that Act.
(24) 'Medically indigent' means a person who has insufficient
resources or assets to pay for needed medical care without
utilizing resources required to meet basic needs for shelter,
food and clothing.
(25) 'Net revenue' means gross revenue minus deductions from
revenue.
(26) 'New hospital' means a facility that did not offer
hospital services on a regular basis within its service area
within the prior 12-month period and is initiating or proposing
to initiate such services. 'New hospital' also includes any
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replacement of an existing hospital that involves a substantial
increase or change in the services offered.
(27) 'New skilled nursing or intermediate care service or
facility' means a service or facility that did not offer long
term care services on a regular basis by or through the facility
within the prior 12-month period and is initiating or proposing
to initiate such services. A 'new skilled nursing or intermediate
care service or facility' also includes the rebuilding of a long
term care facility, the relocation of buildings which are a part
of a long term care facility, the relocation of long term care
beds from one facility to another or an increase in the number of
beds of more than 10 or 10 percent of the bed capacity, whichever
is the lesser, within a two-year period.
(28) 'Offer' means that the health care facility holds itself
out as capable of providing, or as having the means for the
provision of, specified health services.
(29) 'Operating expenses' means the sum of daily hospital
service expenses, ambulatory service expenses, ancillary expenses
and other operating expenses, excluding income taxes.
(30) 'Outpatient renal dialysis facility' means a facility that
provides renal dialysis services directly to outpatients.
(31) 'Person' means an individual, a trust or estate, a
partnership, a corporation (including associations, joint stock
companies and insurance companies), a state, or a political
subdivision or instrumentality, including a municipal
corporation, of a state.
(32) 'Skilled nursing facility' means a facility or a distinct
part of a facility, that is primarily engaged in providing to
inpatients skilled nursing care and related services for patients
who require medical or nursing care, or an institution that
provides rehabilitation services for the rehabilitation of
injured, disabled or sick persons.
(33) 'Special inpatient care facility' means a facility with
permanent inpatient beds and other facilities designed and
utilized for special health care purposes, including but not
limited to a rehabilitation center, a college infirmary, a
chiropractic facility, a facility for the treatment of alcoholism
or drug abuse, an inpatient care facility meeting the
requirements of ORS 441.065, and any other establishment falling
within a classification established by the { - division - }
{ + Department of Human Services + }, after determination of
the need for such classification and the level and kind of health
care appropriate for such classification.
(34) 'Total deductions from gross revenue' or 'deductions from
revenue' means reductions from gross revenue resulting from
inability to collect payment of charges. Such reductions include
bad debts; contractual adjustments; uncompensated care;
administrative, courtesy and policy discounts and adjustments and
other such revenue deductions. The deduction shall be net of the
offset of restricted donations and grants for indigent care.
SECTION 180. ORS 442.807 is amended to read:
442.807. (1) Within 30 days of receiving the recommendations of
the Advisory Committee on Physician Credentialing Information,
the Administrator of the Office for Oregon Health Plan Policy and
Research shall forward the recommendations to the Director of the
Department of Consumer and Business Services and to the
{ - Assistant Director for Health - } { + Director of Human
Services + }. The administrator shall request that the
{ - department - } { + Department of Consumer and Business
Services + } and the { - Health Division - } { + Department
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of Human Services + } adopt rules to carry out the efficient
implementation and enforcement of the recommendations of the
committee.
(2) The { - department - } { + Department of Consumer and
Business Services + } and the { - division - } { + Department
of Human Services + } shall:
(a) Adopt administrative rules in a timely manner, as required
by the Administrative Procedures Act, for the purpose of
effectuating the provisions of ORS 442.800 to 442.807; and
(b) Consult with each other and with the administrator to
ensure that the rules adopted by the { - department - }
{ + Department of Consumer and Business Services + } and the
{ - division - } { + Department of Human Services + } are
identical and are consistent with the recommendations developed
pursuant to ORS 442.805 for affected hospitals and health care
service contractors.
(3) The uniform credentialing information required pursuant to
the administrative rules of the { - department - }
{ + Department of Consumer and Business Services + } and the
{ - division - } { + Department of Human Services + }
represent the minimum uniform credentialing information required
by the affected hospitals and health care service contractors.
Nothing in ORS 442.800 to 442.807 shall be interpreted to prevent
an affected hospital or health care service contractor from
requesting additional credentialing information from a licensed
physician for the purpose of completing physician credentialing
procedures used by the affected hospital or health care service
contractor.
SECTION 181. ORS 443.205 is amended to read:
443.205. As used in ORS 443.215 and 443.225, 'domiciliary care
facilities' means facilities providing residential care to
adults, including adult foster care homes, group care facilities
or residential treatment, training or care facilities,
established, contracted for or operated by { - any division
of - } the Department of Human Services.
SECTION 182. ORS 443.340 is amended to read:
443.340. { - (1) - } The Department of Human Services shall
adopt administrative rules necessary for the implementation and
administration of ORS 443.305 to 443.350. These rules shall
include, but are not limited to, a requirement that an in-home
care agency must conduct criminal background checks on all
individuals employed by or contracting with the agency as in-home
caregivers.
{ - (2) The Health Division, the Mental Health and
Developmental Disability Services Division and the Senior and
Disabled Services Division shall jointly make recommendations to
the department about the administrative rules to be adopted under
subsection (1) of this section. - }
SECTION 183. ORS 443.400 is amended to read:
443.400. As used in ORS 443.400 to 443.455 and 443.991 (2),
unless the context requires otherwise:
(1) 'Department' means the { - Mental Health and
Developmental Disability Services Division or the Senior and
Disabled Services Division or the office of Alcohol and Drug
Abuse Programs, as appropriate - } { + Department of Human
Services + }.
(2) 'Director' means the { - Assistant Director for Mental
Health and Developmental Disability Services Division, the
Assistant Director for Senior and Disabled Services or the
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Assistant Director for Alcohol and Drug Abuse Programs, as
appropriate - } { + Director of Human Services + }.
(3) 'Resident' means any individual residing in a facility who
receives residential care, treatment or training. For purposes of
ORS 443.400 to 443.455, an individual is not considered to be a
resident if he or she is related by blood or marriage within the
fourth degree as determined by civil law to the person licensed
to operate or maintain the facility.
(4) 'Residential care' means services such as supervision;
protection; assistance while bathing, dressing, grooming or
eating; management of money; transportation; recreation; and the
providing of room and board.
(5) 'Residential care facility' means a facility that provides,
for six or more physically disabled or socially dependent
individuals, residential care in one or more buildings on
contiguous properties.
(6) 'Residential facility' means a residential care facility,
residential training facility, residential treatment facility,
residential training home or residential treatment home.
(7) 'Residential training facility' means a facility that
provides, for six or more mentally retarded or other
developmentally disabled individuals, residential care and
training in one or more buildings on contiguous properties.
(8) 'Residential training home' means a facility that provides,
for five or fewer mentally retarded or other developmentally
disabled individuals, residential care and training in one or
more buildings on contiguous properties, when so certified and
funded by the { - Mental Health and Developmental Disability
Services Division - } { + department + }.
(9) 'Residential treatment facility' means a facility that
provides, for six or more mentally, emotionally or behaviorally
disturbed individuals or alcohol or drug dependent persons,
residential care and treatment in one or more buildings on
contiguous properties.
(10) 'Residential treatment home' means a facility that
provides for five or fewer mentally, emotionally or behaviorally
disturbed individuals or alcohol or drug dependent persons,
residential care and treatment in one or more buildings on
contiguous properties.
(11) 'Training' means the systematic, planned maintenance,
development or enhancement of self-care skills, social skills or
independent living skills, or the planned sequence of systematic
interactions, activities or structured learning situations
designed to meet each resident's specified needs in the areas of
physical, social, emotional and intellectual growth.
(12) 'Treatment' means a planned, individualized program of
medical, psychological or rehabilitative procedures, experiences
and activities designed to relieve or minimize mental, emotional,
physical or other symptoms or social, educational or vocational
disabilities resulting from or related to the mental or emotional
disturbance, physical disability or alcohol or drug problem.
SECTION 184. ORS 443.415 is amended to read:
443.415. (1) Applications for licensure to maintain and operate
a residential facility shall be made to the department on forms
provided for that purpose by the department. Each application
shall be accompanied by a fee of $60 for facilities defined in
ORS 443.400 (5), (7) and (9) and a fee of $30 for homes defined
in ORS 443.400 (8) and (10). No fee is required of any
governmentally operated residential facility.
Enrolled House Bill 2294 (HB 2294-B) Page 124
(2) Upon receipt of an application and fee, the department
shall { + conduct an investigation + } { - cause an
investigation to be made by the appropriate divisions, as
determined by the director - } . The department shall issue a
license to any applicant for operation of a residential facility
in compliance with ORS 443.400 to 443.455 and 443.991 (2) and the
rules of the director. Licensure may be denied when a residential
facility is not in compliance with ORS 443.400 to 443.455 and
443.991 (2) or the rules of the director. Licensure shall be
denied if the State Fire Marshal or other authority has given
notice of noncompliance of facilities defined in ORS 443.400 (5),
(7) and (9) pursuant to ORS 479.220.
SECTION 185. ORS 443.445 is amended to read:
443.445. (1) No residential facility or home shall admit
individuals who require continuous nursing care except as
provided in subsection (3) of this section.
(2) Except as provided in subsection (3) of this section, if
any resident of a residential facility or home requires nursing
care for eight or more consecutive days or a physician or the
designee of a physician or a registered nurse certifies that
continued nursing care is required, the resident shall be
transferred to an appropriate health care facility for as long as
necessary.
(3) A resident of a residential facility or home who requires
nursing care in addition to training, treatment or care needs, or
any combination thereof, may be served by that facility or home
with approval from the { - Mental Health and Developmental
Disability Services Division or the Senior and Disabled Services
Division - } { + Department of Human Services + } and in
accordance with the rules of
{ - those divisions - } { + the department + } and consistent
with rules adopted by the Oregon State Board of Nursing under ORS
678.150 (9).
(4) No residential facility or home shall admit individuals of
categories other than those designated on its license without
prior written consent of the department.
(5) In the case of residential facilities or homes supervised
by and operated exclusively for persons who rely upon prayer or
spiritual means for healing in accordance with the creed or
tenets of a well-recognized church or religious denomination, no
medical, psychological or rehabilitative procedures shall be
required.
SECTION 186. ORS 443.455 is amended to read:
443.455. For purposes of imposing civil penalties, residential
facilities approved under ORS 443.400 to 443.455 and 443.991 (2)
are considered to be long-term care facilities, subject to ORS
441.705 to 441.745. However, the { - Assistant Director for the
Senior and Disabled Services Division, the Assistant Director for
the Mental Health and Developmental Disability Services Division
or the Assistant Director for Alcohol and Drug Abuse Programs - }
{ + Director of Human Services + } shall exercise the powers
conferred under ORS 441.705 to 441.745. The director shall by
rule prescribe a schedule of penalties appropriate to residential
facilities licensed under ORS 443.400 to 443.455 and 443.991 (2).
SECTION 187. ORS 443.705 is amended to read:
443.705. As used in ORS 443.705 to 443.825:
(1) 'Adult foster home' means any family home or facility in
which residential care is provided in a homelike environment for
five or fewer adults who are not related to the provider by blood
or marriage.
Enrolled House Bill 2294 (HB 2294-B) Page 125
(2) 'Department' means { - , as appropriate, the Senior and
Disabled Services Division or the Mental Health and Developmental
Disability Services Division of - } the Department of Human
Services.
(3) 'Director' means the Director of Human Services.
(4) 'Licensed adult foster home' means a home which has been
investigated and approved by the department. This includes an
on-site inspection of the facility.
(5) 'Provider' means any person operating an adult foster home
and includes a resident manager. 'Provider' does not include the
owner or lessor of the building in which the adult foster home is
located or the owner or lessor of the land on which the adult
foster home is situated unless the owner or lessor is also the
operator of the adult foster home.
(6) 'Residential care' means the provision of room and board
and services that assist the resident in activities of daily
living, such as assistance with bathing, dressing, grooming,
eating, medication management, money management or recreation.
(7) 'Substitute caregiver' means any person who provides care
and services in an adult foster home under the jurisdiction of
the { - Senior and Disabled Services Division - }
{ + department + }in the absence of the provider or resident
manager.
SECTION 188. ORS 443.715 is amended to read:
443.715. For purposes of ORS 443.705 to 443.825, 'adult foster
home' does not include:
(1) Any house, institution, hotel, or other similar place that
supplies board and room only, or room only, or board only, if no
resident thereof requires any element of care.
(2) Any specialized living situation for physically disabled
persons where the { - Senior and Disabled Services Division - }
{ + Department of Human Services + } provides payment for
personal care services other than to an adult foster home
provider.
(3) Any residential facility, as defined in ORS 443.400,
licensed and funded by the { + department. + } { - Mental
Health and Developmental Disability Services Division or by the
office of Alcohol and Drug Abuse Programs. - }
{ + (4) Any residential treatment home, as defined in ORS
443.400, licensed and funded by the department. + }
{ - (4) Any residential treatment home, as defined in ORS
443.400, licensed and funded by the Mental Health and
Developmental Disability Services Division or by the office of
Alcohol and Drug Abuse Programs. - }
SECTION 189. ORS 443.735 is amended to read:
443.735. (1) Applications for license to maintain and operate
an adult foster home shall be made on forms provided by the
{ - department - } { + Department of Human Services + }. Each
application shall be accompanied by a fee of $20 per bed
requested for license.
(2) Upon receipt of an application and fee, the department
shall { + conduct an investigation. + } { - cause an
investigation to be made by the appropriate divisions, as
determined by the Director of Human Services. - }
(3) The department shall not issue an initial license unless:
(a) The applicant and adult foster home are in compliance with
ORS 443.705 to 443.825 and the rules of the department;
(b) The department has completed an inspection of the adult
foster home;
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(c) The department has completed a criminal records check on
the applicant and any person, other than a resident, 16 years of
age or older who will be residing in the adult foster home. The
criminal records check shall be conducted in accordance with
rules adopted under ORS 181.537;
(d) The department has checked the record of sanctions
available { - from the Senior and Disabled Services
Division - } , including the list of nursing assistants who have
been found responsible for abuse and whose names have been added
to the registry under ORS 441.678; and
(e) The applicant has demonstrated to the department the
financial ability and resources necessary to operate the adult
foster home. The department shall adopt rules as the department
deems appropriate that establish the financial standards an
applicant must meet to qualify for issuance of a license and that
protect financial information from public disclosure. The
demonstration of financial ability under this paragraph shall
include, but need not be limited to, providing the department
with a list of any unsatisfied judgments, pending litigation and
unpaid taxes and notifying the department regarding whether the
applicant is in bankruptcy. If the applicant is unable to
demonstrate the financial ability and resources required by this
paragraph, the department may require the applicant to furnish a
financial guarantee as a condition of initial licensure.
(4) The department shall not renew a license under this section
unless:
(a) The applicant and the adult foster home are in compliance
with ORS 443.705 to 443.825 and the rules of the department;
(b) The department has completed an inspection of the adult
foster home;
(c) The department has completed a criminal records check on
the applicant and any person, other than a resident, 16 years of
age or older who will be residing in the adult foster home. The
criminal records check under this paragraph shall be conducted in
accordance with rules adopted under ORS 181.537; and
(d) The department has checked the record of sanctions
available { - from the Senior and Disabled Services
Division - } , including the list of nursing assistants who have
been found responsible for abuse and whose names have been added
to the registry under ORS 441.678.
(5)(a) In seeking an initial license and renewal of a license
when an adult foster home has been licensed for less than 24
months, the burden of proof shall be upon the provider and the
adult foster home to establish compliance with ORS 443.705 to
443.825 and the rules of the department.
(b) In proceedings for renewal of a license when an adult
foster home has been licensed for at least 24 continuous months,
the burden of proof shall be upon the department to establish
noncompliance with ORS 443.705 to 443.825 and the rules of the
department.
(6)(a) Persons who have been convicted of one or more crimes
that, as determined by rules of the department, are substantially
related to the qualifications, functions or duties of a provider,
resident manager, substitute caregiver or other household member
of an adult foster home shall be prohibited from operating,
working in or residing in an adult foster home.
(b) The department shall adopt rules that distinguish the
criminal convictions and types of abuse that permanently prohibit
a person from operating, working in or living in an adult foster
home from the convictions and types of abuse that do not
Enrolled House Bill 2294 (HB 2294-B) Page 127
permanently prohibit the person from operating, working in or
living in an adult foster home.
(c) A provider may not hire, retain in employment or allow to
live in an adult foster home, other than as a resident, any
person who the provider knows has been convicted of a
disqualifying crime or has been found responsible for a
disqualifying type of abuse.
(7) A license under ORS 443.725 is effective for one year from
the date of issue unless sooner revoked. Each license shall state
the name of the resident manager of the adult foster home, the
names of all providers who own the adult foster home, the address
of the premises to which the license applies, the maximum number
of residents and the classification of the home. If, during the
period covered by the license, a resident manager changes, the
provider must within 15 days request modification of the license.
The request must be accompanied by a fee of $10.
(8) No license under ORS 443.725 is transferable or applicable
to any location, persons operating the adult foster home or the
person owning the adult foster home other than that indicated on
the application for licensing.
(9) The department shall not issue a license to operate an
additional adult foster home to a provider unless the provider
has demonstrated the qualifications and capacity to operate the
provider's existing licensed home or homes and has demonstrated
the ability to provide care to the residents of those homes that
is adequate and substantially free from abuse and neglect.
(10) All moneys collected under ORS 443.725 to 443.780 shall be
deposited in a special account in the General Fund, and are
appropriated continuously for payment of expenses incurred by the
Department of Human Services.
(11) Notwithstanding any other provision of this section or ORS
443.725 or 443.738, the { - Senior and Disabled Services
Division - } { + department + } may issue a 60-day provisional
license to a qualified person if the { - division - } { +
department + } determines that an emergency situation exists
after being notified that the licensed provider of an adult
foster home is no longer overseeing operation of the adult foster
home.
SECTION 190. ORS 443.767 is amended to read:
443.767. (1) When the { - Senior and Disabled Services
Division - } { + Department of Human Services + } receives a
complaint that alleges that a resident { + of a licensed adult
foster home + } has been injured, abused or neglected, and that
{ - any - } { + the + } resident's health or safety is in
imminent danger, or that the resident has died or been
hospitalized, the investigation shall begin immediately after the
complaint is received. If the investigator determines that the
complaint is substantiated, the { - division - }
{ + department + } shall take appropriate corrective action
immediately.
(2) When the { - Senior and Disabled Services Division - }
{ + department + } receives a complaint that alleges the
existence of any circumstance that could result in injury, abuse
or neglect of a resident { + of a licensed adult foster
home + }, and that the circumstance could place the resident's
health or safety in imminent danger, the { - division - }
{ + department + } shall investigate the complaint promptly. If
the investigator determines that the complaint is substantiated,
the { - division - } { + department + } shall take
appropriate corrective action promptly.
Enrolled House Bill 2294 (HB 2294-B) Page 128
(3) After public hearing, the { - Senior and Disabled
Services Division - } { + department + } shall by rule set
standards for the procedure, content and time limits for the
initiation and completion of investigations of complaints. The
time limits shall be as short as possible and shall vary in
accordance with the severity of the circumstances alleged in the
complaint. In no event shall the investigation exceed a duration
of 60 days, unless there is an ongoing concurrent criminal
investigation, in which case the department may take a reasonable
amount of additional time in which to complete the investigation.
(4) The { - Senior and Disabled Services Division - }
{ + department + } shall take no longer than 60 days from the
completion of the investigation report to take appropriate
corrective action in the case of any complaint that the
investigator determines to be substantiated.
(5)(a) The { - Senior and Disabled Services Division - }
{ + department + } shall { - cause - } { + mail + } a copy
of the investigation report { - to be mailed - } within seven
days of the completion of the report to:
(A) The complainant, unless the complainant requests anonymity;
(B) The resident, and any person designated by the resident to
receive information concerning the resident;
(C) The facility; and
(D) The Long Term Care Ombudsman.
(b) The copy of the report shall be accompanied by a notice
that informs the recipient of the right to submit additional
evidence.
(6) The complaint and the investigation report shall be
available to the public at the local { - Senior and Disabled
Services Division - } { + department + } office or the type B
area agency on aging, if appropriate.
(7) A copy of the report shall be forwarded to the
{ - central office of the division, - } { + department + }
whether or not the investigation report concludes that the
complaint is substantiated.
SECTION 191. ORS 443.775 is amended to read:
443.775. (1) The Department { + of Human Services + } shall
adopt rules governing adult foster homes and the level of care
provided in such homes, including the provision of care to more
than one person with nursing care needs under specified
conditions and department approval, such as are necessary to
protect the health, safety or welfare of the residents and to
provide for an appropriate continuum of care, but shall not be
inconsistent with the residential nature of the living
accommodations and the family atmosphere of the home. The rules
shall be consistent with rules adopted by the Oregon State Board
of Nursing under ORS 678.150 (9).
(a) An exception to the limit of one resident with nursing care
needs may be granted if the provider proves to the department by
clear and convincing evidence that such an exception will not
jeopardize the care, health, safety or welfare of the residents
and that the provider is capable of meeting the additional care
needs of the new resident.
(b) The department, and the counties acting under the exemption
granted pursuant to ORS 443.780, shall report on a quarterly
basis to the Legislative Assembly on the number of exceptions
granted during the quarter pursuant to paragraph (a) of this
subsection.
(2) The provider may not employ a resident manager who does not
meet the classification standard for the adult foster home.
Enrolled House Bill 2294 (HB 2294-B) Page 129
(3) The provider shall be able to meet the night care needs of
a resident before admitting the resident. The provider shall
include night care needs in the resident's care plan.
(4) The provider shall screen a prospective resident before
admitting the resident. The screening shall include but is not
limited to diagnosis, medications, personal care needs, nursing
care needs, night care needs, nutritional needs, activities and
lifestyle preferences. A copy of the screening shall be given to
the prospective resident or the prospective resident's
representative.
(5) The department shall make rules to assure that any employee
who makes a complaint pursuant to ORS 443.755 shall be protected
from retaliation.
(6) For adult foster homes in which clients reside for whom the
department pays for care, including homes in which the provider
and the resident are related, the department may require
substantial compliance with its rules relating to standards for
care of the client as a condition for paying for care.
(7) By order the Director of Human Services may delegate
authority under this section to personnel other than of
{ - Senior and Disabled Services Division and Mental Health and
Developmental Disability Services Division - } { + the
department + }.
(8) The department may commence a suit in equity to enjoin
maintenance of an adult foster home if:
(a) The home is operated without a valid license under this
section; or
(b) After the license to maintain the home is ordered suspended
or revoked, a reasonable time for placement of residents in other
facilities has been allowed but such placement has not been
accomplished.
(9) The department shall establish by rule the maximum capacity
of adult foster homes, including all nonrelated and related
persons receiving residential care and day care.
(10) Any person who violates a provision of ORS 443.705 to
443.825 or the rules adopted thereunder may be subjected to the
imposition of a civil penalty, to be fixed by the director by
rule, not to exceed $100 per violation, to a maximum of $250 or,
per occurrence of substantiated abuse, a maximum of $1,000.
SECTION 192. ORS 443.830 is amended to read:
443.830. As used in this section and ORS 443.835:
(1) 'Child' means a person under 18 years of age for whom
developmental disability services are planned and provided.
{ + (2) 'Department' means the Department of Human
Services. + }
{ - (2)(a) - } { + (3)(a) + } 'Developmental disability
child foster home' means any home maintained by a person who has
under the care of the person, in the home, a child found eligible
for developmental disability services for the purpose of
providing the child with supervision, food and lodging. The child
must be unrelated to the person by blood or marriage and be
unattended by the child's parent or guardian.
(b) 'Developmental disability child foster home' does not
include:
(A) A boarding school that is essentially and primarily engaged
in educational work;
(B) A home in which a child is provided with room and board by
a school district board; or
(C) A foster home under the direct supervision of a private
child-caring agency.
Enrolled House Bill 2294 (HB 2294-B) Page 130
{ - (3) 'Division' means the Mental Health and Developmental
Disability Services Division. - }
SECTION 193. ORS 443.886 is amended to read:
443.886. (1) On and after June 1, 1993, whenever any facility
intends to provide care for patients or residents with
Alzheimer's disease or other dementia by means of an Alzheimer's
care unit, the facility must obtain a special indorsement on its
license or registration.
(2) The Department of Human Services, { - acting through the
Senior and Disabled Services Division - } with the input from
representatives of advocate groups and the long term care
industry, shall adopt by rule standards that assure that the
special needs of any Alzheimer's patient or resident who is cared
for in a special unit are met and that quality care is provided.
The standards must include but are not limited to provisions for:
(a) Care planning, including physical design, staffing, staff
training, safety, egress control, individual care planning,
admission policy, family involvement, therapeutic activities and
social services;
(b) Continuity of basic care requirements; and
(c) Marketing and advertising of the availability of and
services from Alzheimer's care units.
(3) The department shall adopt a fee schedule for indorsement,
taking into account the type of facility and the number of
patients and residents.
(4) The department { - or division - } shall enforce rules
adopted under subsection (2) of this section and shall allow a
licensee or registrant to retain the special indorsement required
to care for patients and residents with Alzheimer's disease or
other dementia only so long as the licensee or registrant
complies with the rules.
(5) The special indorsement may be suspended or revoked in the
same manner as the license or registration is suspended or
revoked.
(6) Unless a facility has obtained the indorsement required by
subsection (1) of this section, the facility shall not:
(a) Advertise the facility as providing an Alzheimer's care
unit; or
(b) Market the facility as providing an Alzheimer's care unit.
(7) As used in this section:
(a) 'Alzheimer's care unit' means a special care unit in a
designated, separated area for patients and residents with
Alzheimer's disease or other dementia that is locked, segregated
or secured to prevent or limit access by a patient or resident
outside the designated or separated area.
(b) 'Facility' means a nursing home, residential care facility,
assisted living facility or any other like facility required to
be licensed by the { - Senior and Disabled Services
Division - } { + department + }.
(c) 'Registry' means a facility will provide the { - Senior
and Disabled Services Division - } { + department + } with
information relating to the Alzheimer's care unit including the
number of residents in the unit, stage of dementia for each
resident, description of how services are provided, and length of
time the unit has been operating.
SECTION 194. ORS 446.310 is amended to read:
446.310. As used in ORS 446.310 to 446.350, unless the context
requires otherwise:
{ - (1) 'Assistant director' means the Assistant Director for
Health. - }
Enrolled House Bill 2294 (HB 2294-B) Page 131
{ - (2) 'Division' means the Health Division of the
Department of Human Services. - }
{ - (3) - } { + (1) + } 'Camping vehicle' means either a
vacation trailer or a self-propelled vehicle or structure
equipped with wheels for highway use and which is intended for
human occupancy and is being used for vacation and recreational
purposes, but not for residential purposes, and is equipped with
plumbing, sink or toilet.
{ + (2) 'Construction' means work regulated by the state
building code as defined in ORS 455.010.
(3) 'Department' means the Department of Human Services.
(4) 'Director' means the Director of Human Services. + }
{ - (4) - } { + (5) + } 'Health official' means a local
public health administrator appointed pursuant to ORS 431.418.
{ - (5) - } { + (6) + } 'Hostel' means any establishment
having beds rented or kept for rent on a daily basis to travelers
for a charge or fee paid or to be paid for rental or use of
facilities and which are operated, managed or maintained under
the sponsorship of a nonprofit organization which holds a valid
exemption from federal income taxes under the Internal Revenue
Code of 1954 as amended.
{ - (6) - } { + (7) + } 'Organizational camp' includes any
area designated by the person establishing, operating, managing
or maintaining the same for recreational use by groups or
organizations which include but are not limited to youth camps,
scout camps, summer camps, day camps, nature camps, survival
camps, athletic camps, camps which are operated and maintained
under the guidance, supervision or auspices of religious, public
and private educational systems and community service
organizations.
{ - (7) - } { + (8) + } 'Picnic park' means any recreation
park which is for day use only and provides no recreation vehicle
or overnight camping spaces.
{ - (8) - } { + (9) + } 'Tourist facility' means any
travelers' accommodation, hostel, picnic park, recreation park
and organizational camp.
{ - (9) - } { + (10) + } 'Recreation park' means any area
designated by the person establishing, operating, managing or
maintaining the same for picnicking, overnight camping or use of
recreational vehicles by the general public or any segment of the
public. ' Recreation park' includes but is not limited to areas
open to use free of charge or through payment of a tax or fee or
by virtue of rental, lease, license, membership, association or
common ownership and further includes, but is not limited to
those areas divided into two or more lots, parcels, units or
other interests for purposes of such use.
{ - (10) - } { + (11) + } 'Regulating agency' means, with
respect to a tourist facility, the { - Health Division of
the - } Department of Human Services.
{ - (11) - } { + (12) + } 'Travelers' accommodation'
includes any establishment, which is not a hostel, having rooms,
apartments or sleeping facilities rented or kept for rent on a
daily or weekly basis to travelers or transients for a charge or
fee paid or to be paid for rental or use of facilities.
{ - (12) 'Construction' means work regulated by the state
building code as defined in ORS 455.010. - }
SECTION 195. ORS 448.005 is amended to read:
448.005. As used in ORS 448.005 to 448.090, unless the context
requires otherwise:
Enrolled House Bill 2294 (HB 2294-B) Page 132
{ - (1) 'Assistant director' means the Assistant Director for
Health. - }
{ - (2) - } { + (1) + } 'Bathhouse' means a structure that
contains dressing rooms, showers and toilet facilities for use
with an adjacent public swimming pool.
{ + (2) 'Department' means the Department of Human Services.
(3) 'Director' means the Director of Human Services. + }
{ - (3) 'Division' means the Health Division of the
Department of Human Services. - }
(4) 'Person' has the meaning given that term in ORS 174.100,
but also includes municipalities, recreation districts, counties
and state agencies or instrumentalities.
(5) 'Public spa pool' means a public swimming pool or wading
pool designed primarily to direct water or air-enriched water
under pressure onto the bather's body with the intent of
producing a relaxing or therapeutic effect.
(6) 'Public swimming pool' means an artificial structure, and
its appurtenances, that contains water more than two feet deep,
is expressly designated or used with the knowledge and consent of
the owner or operator for swimming or recreational bathing, and
is for the use of any segment of the public. 'Public swimming
pool' includes, but is not limited to, swimming pools owned or
operated by:
(a) Travelers' accommodations;
(b) Recreation parks;
(c) Colleges;
(d) Schools;
(e) Organizational camps as defined in ORS 446.310;
(f) Clubs;
(g) Associations;
(h) Business establishments for their patrons or employees;
(i) Private persons and that are open to the public;
(j) Recreation districts;
(k) Municipalities;
(L) Counties; or
(m) A state agency.
(7) 'Public wading pool' means an artificial structure, and its
appurtenances, that contains water less than two feet deep, is
expressly designated or used with the knowledge and consent of
the owner or operator for wading or recreational bathing, and is
for the use of any segment of the public, whether limited to
patrons of a companion facility or not.
(8) 'Recreation park' means those facilities as defined by ORS
446.310.
(9) 'Travelers' accommodation' means those facilities as
defined by ORS 446.310.
(10) 'Variance' means written permission from the
{ - division - } { + department + } for a public swimming
pool, public spa pool or public wading pool to be operated when
it does not comply with all the applicable rules for public
swimming pools, public spa pools or public wading pools.
SECTION 196. ORS 448.115 is amended to read:
448.115. As used in ORS 448.115 to 448.285, 454.235 and 454.255
unless the context requires otherwise:
{ - (1) 'Assistant director' means the Assistant Director for
Health. - }
{ - (2) - } { + (1) + } 'Connection' means the connection
between a water system and a customer that enables the customer
to receive potable water from the system.
Enrolled House Bill 2294 (HB 2294-B) Page 133
{ - (3) - } { + (2) + } 'Construction standards' means
criteria for constructing or installing water system facilities.
{ - (4) 'Division' means the Health Division of the
Department of Human Services. - }
{ + (3) 'Department' means the Department of Human Services.
(4) 'Director' means the Director of Human Services. + }
(5) 'Emergency' means a condition resulting from an unusual
calamity such as a flood, an earthquake or an accidental spill of
hazardous material that can endanger the quality of the water
produced by a water system.
(6) 'Operational requirements' means requirements that
prescribe the manner in which water systems must be operated.
(7) 'Permit' means a document issued to a water system that
authorizes it to commence or continue to operate in the State of
Oregon and lists the conditions the system must meet to continue
operating.
(8) 'Safe drinking water' means water that is sufficiently free
from biological, chemical, radiological or physical impurities
such that individuals will not be exposed to disease or harmful
physiological effects.
(9) 'Sanitary survey' means an on-site review of the source,
facilities, equipment, operation and maintenance of a water
system, including related land uses, for the purpose of
evaluating the capability of that water system to produce and
distribute safe drinking water.
(10) 'Special master' means the person appointed by the court
to administrate the water system.
(11) 'Variance' means permission from the agency for a water
system to provide water that does not meet water quality
standards.
(12) 'Water supplier' means any person, group of persons,
municipality, district, corporation or entity that owns or
operates a water system.
(13) 'Water system' means a system for the provision of water
for human consumption through pipes or other constructed
conveyances.
(14) 'Waterborne disease' means disease caused by chemical,
physical, radiological or biological agents epidemiologically
associated with infection, illness or disability that is
transported to human beings by water that has been ingested or
through contact as in bathing or other domestic uses.
SECTION 197. ORS 448.405 is amended to read:
448.405. As used in ORS 448.405 to 448.470:
(1) 'Commission' means the Environmental Quality Commission.
(2) 'Department' means the Department of Environmental Quality.
(3) 'Director' means the Director of the Department of
Environmental Quality.
{ - (4) 'Division' means the Health Division of the
Department of Human Services. - }
{ - (5) - } { + (4) + } 'Operator' means a person
responsible for the operation of a potable water treatment plant,
water distribution system or sewage treatment works.
{ - (6) - } { + (5) + } 'Person' means any individual,
partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private
institution, utility, cooperative, municipality or any other
political subdivision of this state, any interstate body or any
other legal entity.
{ - (7) - } { + (6) + } 'Potable water treatment plant'
means that portion of a water system that in some way alters the
Enrolled House Bill 2294 (HB 2294-B) Page 134
physical, chemical or bacteriological quality of the water being
treated.
{ - (8) - } { + (7) + } 'Sewage treatment works' means any
structure, equipment or process required to collect, carry away
and treat domestic waste and dispose of sewage as defined in ORS
454.010.
{ - (9) - } { + (8) + } 'Supervise' means to operate or to
be responsible for directing employees that are responsible for
the operation of a water system.
{ - (10) - } { + (9) + } 'Water distribution system' means
that portion of the water system in which water is stored and
conveyed from the potable water treatment plant or other supply
point to the premises of a consumer.
{ - (11) - } { + (10) + } 'Water system' means potable
water treatment plants and water distribution systems:
(a) That have 15 or more service connections used by year-round
residents or that regularly serve 25 or more year-round
residents; or
(b) That regularly serve at least 25 of the same persons for
more than six months per year.
SECTION 198. ORS 448.409 is amended to read:
448.409. On or before January 1, 1989, and biennially
thereafter, the Department of Environmental Quality and
{ - Health Division - } { + Department of Human Services + }
shall develop and submit a joint report to the Legislative
Assembly. The report shall include, but need not be limited to:
(1) A summary of actions taken under ORS 448.405 to 448.470,
448.992 and 448.994;
(2) An evaluation of the effectiveness of such actions; and
(3) Any information and recommendations, including legislative
recommendations the { - department or the division - } { +
Department of Environmental Quality or the Department of Human
Services + } considers appropriate.
SECTION 199. ORS 448.450 is amended to read:
448.450. (1) The { - Health Division - } { + Department of
Human Services + } shall:
(a) Adopt rules necessary to carry out the provisions of ORS
448.450 to 448.470, 448.992 and 448.994.
(b) Classify all potable water treatment plants and water
distribution systems actually used or intended for use by the
public. In classifying the potable water treatment plants and
water distribution systems, the { - division - }
{ + department + } shall take into consideration size and type,
character of water to be treated and other physical conditions
affecting the treatment plants and distribution systems and the
skill, knowledge and experience required of an operator.
(c) Certify persons qualified to supervise the operation of a
potable water treatment plant or a water distribution system.
(d) Subject to the prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fee, establish a schedule of fees for
certification under paragraph (c) of this subsection. The fees
established under the schedule shall be sufficient to pay the
cost of the { - division - } { + department + } in carrying
out the provisions of ORS 448.450 to 448.470, 448.992 and 448.994
and shall be within the budget authorized by the Legislative
Assembly as that budget may be modified by the Emergency Board.
(2) The { - division - } { + department + } may grant a
variance from the requirements of ORS 448.455 according to
Enrolled House Bill 2294 (HB 2294-B) Page 135
criteria established by rule by the { - division - } { +
department + }.
(3) In adopting rules under this section, the
{ - division - } { + Department of Human Services + } shall
consult with the Department of Environmental Quality in order to
coordinate rules adopted under this section with rules adopted by
the Environmental Quality Commission under ORS 448.410.
SECTION 199a. { + If House Bill 2239 becomes law, section 199
of this 2001 Act (amending ORS 448.450) is repealed and ORS
448.450, as amended by section 1, chapter 723, Oregon Laws 2001
(Enrolled House Bill 2239), is amended to read: + }
448.450. (1) The { - Health Division - } { + Department of
Human Services + } shall:
(a) Adopt rules necessary to carry out the provisions of ORS
448.450 to 448.470, 448.992 and 448.994.
(b) Classify all potable water treatment plants and water
distribution systems actually used or intended for use by the
public. In classifying the potable water treatment plants and
water distribution systems, the { - division - }
{ + department + } shall take into consideration size and type,
character of water to be treated and other physical conditions
affecting the treatment plants and distribution systems and the
skill, knowledge and experience required of an operator.
(c) Certify persons qualified to supervise the operation of a
potable water treatment plant or a water distribution system.
(d) Subject to the prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fee, establish a schedule of fees for
certification under paragraph (c) of this subsection. The fees
established under the schedule shall be sufficient to pay the
cost of the { - division - } { + Department of Human
Services + } in carrying out the provisions of ORS 448.450 to
448.470, 448.992 and 448.994 and shall be within the budget
authorized by the Legislative Assembly as that budget may be
modified by the Emergency Board.
(2) Notwithstanding the authority of the { - division - }
{ + Department of Human Services + } to establish fees for
certification under subsection (1)(d) of this section, the
{ - division - } { + department + } will not establish fees
for certification of operators of water systems serving ground
water to fewer than 150 service connections.
(3) In adopting rules under this section, the
{ - division - } { + Department of Human Services + } shall
consult with the Department of Environmental Quality in order to
coordinate rules adopted under this section with rules adopted by
the Environmental Quality Commission under ORS 448.410.
SECTION 200. ORS 453.001 is amended to read:
453.001. As used in ORS 453.001 to 453.185 and 453.605 to
453.807, unless the context requires otherwise:
{ - (1) 'Assistant director' means the Assistant Director for
Health. - }
{ - (2) 'Division' means the Health Division of the
Department of Human Services. - }
{ + (1) 'Department' means the Department of Human
Services. + }
{ + (2) 'Director' means the Director of Human Services. + }
SECTION 201. ORS 456.541 is amended to read:
456.541. The Housing and Community Services Department shall
and the State Housing Council may consult generally with
{ - the administrators of the appropriate divisions within - }
Enrolled House Bill 2294 (HB 2294-B) Page 136
the Department of Human Services and such other persons as the
council or
{ - department - } { + Housing and Community Services
Department + } may consider appropriate concerning project
applications for housing for disabled households. The
{ - department - } { + Housing and Community Services
Department + } shall seek comment on such project applications
concerning:
(1) The need for and design of the project generally,
considering the proposed location of the housing;
(2) The means proposed for screening eligibility for occupancy
to assure that priority will be given to members of the target
populations of disabled persons; and
(3) The adequacy of the provisions for assuring the
availability of health, mental health and other supportive
services necessary to maintain disabled households in the
housing.
SECTION 202. ORS 458.525 is amended to read:
458.525. (1) The Housing and Community Services Department
shall serve as the lead agency to coordinate state efforts in
meeting the problem of hunger. The Director of the Housing and
Community Services Department shall establish an interagency
coordinating council consisting of representatives of the Housing
and Community Services Department, the Department of Education,
the State Department of Agriculture { - , - } { + and + } the
Department of Human Services { - and the Divisions of Adult and
Family Services, Senior and Disabled Services and Health - } .
(2) The administrative heads of the agencies listed in
subsection (1) of this section shall serve on the council or
shall designate an agency representative who has an agency
policy-making role affecting hunger, food programs, nutrition and
related areas.
(3) The council shall be responsible for:
(a) Implementing recommendations of the Hunger Relief Task
Force;
(b) Ensuring that food and nutrition programs operate
efficiently and effectively;
(c) Monitoring federal programs;
(d) Encouraging coordination of state and local programs and of
public and private organizations engaged in food distribution
programs; and
(e) Making recommendations to affected agencies and programs.
(4) The Director of the Housing and Community Services
Department shall convene council meetings at least quarterly.
SECTION 203. ORS 458.532 is amended to read:
458.532. (1) The Hunger Relief Task Force is established in the
Housing and Community Services Department. The task force shall
consist of 24 members appointed as follows:
(a) Two Senators, one each appointed by the President of the
Senate and the Minority Leader of the Senate;
(b) Two Representatives, one each appointed by the Speaker of
the House of Representatives and the Minority Leader of the House
of Representatives; and
(c) The Director of the Housing and Community Services
Department shall appoint one member, unless otherwise indicated,
from each of the following:
(A) The Department of Education Child Nutrition Program;
(B) { - Adult and Family Services Division - } { + The
Department of Human Services + } Food Stamp Program;
Enrolled House Bill 2294 (HB 2294-B) Page 137
(C) { + The Department of Human Services + } Women, Infants
and Children (WIC) { - Section of the Health Division - } { +
Program + };
{ - (D) The Office of the Director of Human Services; - }
{ - (E) - } { + (D) + } The State Department of
Agriculture;
{ - (F) - } { + (E) + } Oregon Food Bank;
{ - (G) - } { + (F) + } United Way of the
Columbia-Willamette;
{ - (H) - } { + (G) + } The Human Rights Coalition;
{ - (I) - } { + (H) + } A student from an institution of
higher education;
{ - (J) - } { + (I) + } The Community Action Directors of
Oregon;
{ - (K) - } { + (J) + } The retail food industry;
{ - (L) - } { + (K) + } The grower and processor food
industry;
{ - (M) - } { + (L) + } A direct service provider;
{ - (N) - } { + (M) + } The Association of Oregon Counties;
{ - (O) - } { + (N) + } The migrant community;
{ - (P) - } { + (O) + } Three members from the religious
community; and
{ - (Q) - } { + (P) + }No more than six additional
persons.
(2) Of the members described in subsection (1)(c) of this
section, at least one member shall be a member of a minority
ethnic group and at least two members shall be representatives of
rural areas and areas of eastern Oregon.
(3) A member serves for a three-year term. A member may be
reappointed.
(4) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective for the unexpired term. The appointing authority may
appoint a replacement for any member of the task force who misses
more than two consecutive meetings of the task force.
(5) The task force shall select one member as chairperson and
one member as vice chairperson, for such terms and with duties
and powers as the task force determines necessary for the
performance of the functions of such offices.
(6) Twelve members shall constitute a quorum for the
transaction of business.
(7) The task force shall meet at least once each month at a
place, day and hour determined by the task force. The task force
also shall meet at other times and places specified by the call
of the chairperson or of a majority of the members of the task
force.
(8) The task force may appoint a director to serve at the
pleasure of the task force and with duties determined by the task
force.
(9) In addition to other funds made available for the work of
the task force, the task force may accept gifts and grants from
public and private sources to be used to carry out the purposes
for which the task force exists and to alleviate hunger in the
state.
(10) The moneys received under subsection (9) of this section
shall be deposited in a special account, separate and distinct
from the General Fund, to be named the Hunger Relief Account
which account is established. All moneys in the account and all
earnings thereon are continuously appropriated to the Hunger
Relief Task Force to be used together with any federal funds that
Enrolled House Bill 2294 (HB 2294-B) Page 138
may be available to carry out the work of the task force and to
alleviate hunger in the state.
SECTION 204. ORS 471.333 is amended to read:
471.333. (1) Except as provided in subsections (2) and (3) of
this section, the Oregon Liquor Control Commission shall not
refuse to issue, cancel or suspend a license under ORS 471.313,
471.315 or 471.425 for maintaining an insanitary establishment.
(2) The commission may refuse to issue, cancel or suspend a
license under ORS 471.313, 471.315 or 471.425 for maintaining an
insanitary establishment in violation of a city ordinance
relating to sanitation only if the licensee is convicted of
violating the ordinance.
(3) The commission may refuse to issue, cancel or suspend a
license under ORS 471.313, 471.315 or 471.425 for maintaining an
insanitary establishment in violation of ORS 447.010 to 447.160
or the laws, orders or rules { + relating to public health + }
of { - the Health Division of - } the Department of Human
Services or the State Department of Agriculture only when the
agency charged with enforcing those laws, orders or rules finds
that the licensee is in violation of them and renders a final
order adverse to the licensee.
SECTION 205. ORS 475.302 is amended to read:
475.302. As used in ORS 475.300 to 475.346:
(1) 'Attending physician' means a physician licensed under ORS
chapter 677 who has primary responsibility for the care and
treatment of a person diagnosed with a debilitating medical
condition.
(2) 'Debilitating medical condition' means:
(a) Cancer, glaucoma, positive status for human
immunodeficiency virus or acquired immune deficiency syndrome, or
treatment for these conditions;
(b) A medical condition or treatment for a medical condition
that produces, for a specific patient, one or more of the
following:
(i) Cachexia;
(ii) Severe pain;
(iii) Severe nausea;
(iv) Seizures, including but not limited to seizures caused by
epilepsy; or
(v) Persistent muscle spasms, including but not limited to
spasms caused by multiple sclerosis; or
(c) Any other medical condition or treatment for a medical
condition adopted by the { - division - } { + department + }
by rule or approved by the { - division - }
{ + department + } pursuant to a petition submitted pursuant to
ORS 475.334.
(3) 'Delivery' has the meaning given that term in ORS 475.005.
{ + (4) 'Department' means the Department of Human
Services. + }
{ - (4) - } { + (5) + } 'Designated primary caregiver'
means an individual eighteen years of age or older who has
significant responsibility for managing the well-being of a
person who has been diagnosed with a debilitating medical
condition and who is designated as such on that person's
application for a registry identification card or in other
written notification to the
{ - division - } { + department + }. 'Designated primary
caregiver' does not include the person's attending physician.
{ - (5) 'Division' means the Health Division of the Oregon
Department of Human Services. - }
Enrolled House Bill 2294 (HB 2294-B) Page 139
(6) 'Marijuana' has the meaning given that term in ORS 475.005.
(7) 'Medical use of marijuana' means the production,
possession, delivery, or administration of marijuana, or
paraphernalia used to administer marijuana, as necessary for the
exclusive benefit of a person to mitigate the symptoms or effects
of his or her debilitating medical condition.
(8) 'Production' has the same meaning given that term in ORS
475.005.
(9) 'Registry identification card' means a document issued by
the { - division - } { + department + } that identifies a
person authorized to engage in the medical use of marijuana and
the person's designated primary caregiver, if any.
(10) 'Usable marijuana' means the dried leaves and flowers of
the plant Cannabis family Moraceae, and any mixture or
preparation thereof, that are appropriate for medical use as
allowed in ORS 475.300 to 475.346. 'Usable marijuana' does not
include the seeds, stalks and roots of the plant.
(11) 'Written documentation' means a statement signed by the
attending physician of a person diagnosed with a debilitating
medical condition or copies of the person's relevant medical
records.
SECTION 206. ORS 476.030 is amended to read:
476.030. (1) The State Fire Marshal shall enforce all statutes,
and make rules relating to:
(a) The prevention of fires.
(b) The storage and use of combustibles and explosives.
(c) The maintenance and regulation of structural fire safety
features in occupied structures and overseeing the safety of and
directing the means and adequacy of exit in case of fire from
factories, asylums, hospitals, churches, schools, halls,
theaters, amphitheaters, all buildings, except private
residences, which are occupied for sleeping purposes, and all
other places where large numbers of persons work, live or
congregate from time to time for any purpose except that
structural changes shall not be required in buildings built,
occupied and maintained in conformity with state building code
regulations applicable at the time of construction.
(d) Standards for equipment used for fire protection purposes
within this state including standard thread for fire hose
couplings and hydrant fittings.
(2) The State Fire Marshal and deputies shall have such powers
and perform such other duties as are prescribed by law.
(3) If, in the opinion of the State Fire Marshal, a
governmental subdivision of the state has enacted adequate
regulations generally conforming to state and national standards
concerning fire prevention, fire safety measures and building
construction requirements for safety, and if the governmental
subdivision provides reasonable enforcement of its regulations,
the State Fire Marshal may exempt the area subject to such
regulation either partially or fully from the statutes, rules and
regulations administered by the State Fire Marshal. Prior to
adoption of any such exemption, the State Fire Marshal may
request from the Department of Public Safety Standards and
Training consideration of and recommendations regarding the
exemption. The exemption may extend for a two-year period, and
may be renewed from time to time, but may be canceled by the
State Fire Marshal following 30 days' written notice if the State
Fire Marshal finds that the governmental subdivision's
regulations or enforcement thereof are not reasonably sufficient.
The governmental subdivision shall furnish a copy of such
Enrolled House Bill 2294 (HB 2294-B) Page 140
regulations to the State Fire Marshal and shall file with the
State Fire Marshal any amendment thereto within 30 days before
the effective date of such amendment. The State Fire Marshal
shall designate a person or division within such governmental
subdivision as an approved authority for exercising functions
relating to fire prevention, fire safety measures and building
construction. Upon request of a local official having enforcement
responsibility and a showing of unusual fire hazard or other
special circumstances, the State Fire Marshal shall make
investigation and appropriate recommendations.
(4) The State Fire Marshal may investigate or cause an
investigation to be made to determine the probable cause, origin
and circumstances of any fire and shall classify such findings as
the State Fire Marshal may find appropriate to promote fire
protection and prevention.
(5) The State Fire Marshal shall provide training in fire
safety inspection to { - the Senior and Disabled Services
Division and Mental Health and Developmental Disability Services
Division of - } the Department of Human Services, area agencies,
community mental health and developmental disabilities programs
and to designees of the Long Term Care Ombudsman. If an adult
foster home has been inspected by the { - Senior and Disabled
Services Division, Mental Health and Developmental Disability
Services Division - } { + Department of Human Services + }, an
area agency or community mental health and developmental
disabilities program and the agency conducting the inspection
reasonably believes that the adult foster home is not in
compliance with applicable fire safety rules, the agency
conducting the inspection may request the State Fire Marshal to
inspect or cause an inspection to be made. If a designee of the
Long Term Care Ombudsman, in the course of visiting an adult
foster home, believes that the adult foster home is not in
compliance with applicable fire safety rules, the designee shall
report the problem to the appropriate agency to request a fire
safety inspection by the office of the State Fire Marshal or by a
designated representative of the office of the State Fire
Marshal.
(6) Upon the request of the { - Senior and Disabled Services
Division, Mental Health and Developmental Disability Services
Division - } { + Department of Human Services + }, an area
agency or community mental health and developmental disabilities
program, the State Fire Marshal shall inspect or cause an
inspection to be made to determine if the adult foster home is in
compliance with rules jointly adopted by { - the Senior and
Disabled Services Division and Mental Health and Developmental
Disability Services Division of - } the Department of Human
Services and the State Fire Marshal establishing fire safety
standards for adult foster homes.
(7) As used in subsections (5) and (6) of this section:
(a) 'Adult foster home' has the meaning given that term in ORS
443.705.
(b) 'Area agency' has the meaning given that term in ORS
410.040.
(c) 'Community mental health program' means a program
established under ORS 430.620.
SECTION 207. ORS 497.162 is amended to read:
497.162. (1) Upon application of the Oregon Youth Authority
{ - , the State Office for Services to Children and Families or
the Mental Health and Developmental Disability Services
Division - } { + or the Department of Human Services + }, the
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State Fish and Wildlife Commission shall issue, without fee, a
license to angle for the temporary use of any person in a state
institution as defined in ORS 179.610, any student in a youth
correction facility or related camps or programs operated by the
Oregon Youth Authority, any child placed by the { - State
Office for Services to Children and Families - }
{ + department + } and under the care of a foster home or a
private nonprofit child-caring agency certified by the
{ - office - } { + department + }, or any person in a
{ - Mental Health and Developmental Disability Services
Division - } { + department + } alternatives to state
hospitalization program as defined in ORS 430.630 (2)(b) or (c).
The licenses issued under this subsection shall be in bearer form
and, subject to applicable laws and regulations relating to
angling, shall be used as the authority { - , office or
division - } { + or department + } directs.
(2) Upon application of the director of any veteran's
administration hospital or domiciliary within this state, the
commission shall issue, without fee, to each hospital or
domiciliary 30 licenses to angle for the temporary use of any
person who is a patient or resident in the hospital or
domiciliary. The licenses issued under this subsection shall be
in bearer form and, subject to applicable laws and regulations
relating to angling, shall be used as the director of the
hospital or domiciliary provides.
SECTION 208. ORS 616.020 is amended to read:
616.020. (1) In addition to any { - Health Division - }
{ + Department of Human Services + } survey, investigation or
inquiry authorized by law, which involves the production,
processing or distribution of agricultural products, the
{ - Health Division - } { + Department of Human Services + }
shall make such further surveys, investigations or inquiries as
may be requested by the Director of Agriculture for the purpose
of showing the manner in which the production, processing or
distribution of agricultural products may affect the public
health.
(2) In order that maximum protection to the public health may
result from the activities of the { - Health Division - }
{ + Department of Human Services + } and the State Department of
Agriculture, the
{ - Health Division - } { + Department of Human Services + }
shall notify the Director of Agriculture in writing of any
contemplated survey which affects or may affect agricultural
products which are under the regulation of the
{ - department - } { + Department of Agriculture + }. The
notice shall cover in detail the scope of the survey under
consideration, and the reasons therefor. However, this section
shall not be construed as prohibiting { - such division - }
{ + the Department of Human Services + } from taking immediate
action in any case where such action seems necessary in the
interests of public health. The written notice is not required in
the case of a survey instituted on the request of the Director of
Agriculture.
(3) Not less than 30 days after the completion of any such
survey, the { - Health Division - } { + Department of Human
Services + } shall file with the Director of Agriculture a
certified copy of its report. The report shall include the
findings of the { - division - } { + Department of Human
Services + } with respect to all matters covered thereby.
Whenever the findings in the report of any survey, investigation
Enrolled House Bill 2294 (HB 2294-B) Page 142
or inquiry made by the { - division - } { + Department of
Human Services + } show any hazard to public health existing
incident to the production, processing or distribution of any
agricultural commodity, the { - department - } { + Department
of Agriculture + } shall take such action as may be necessary and
within the scope of its resources to remove such hazards.
SECTION 209. ORS 619.095 is amended to read:
619.095. (1) Game meat donated to charitable organizations
shall be inspected by the State Department of Agriculture to
determine fitness for human consumption as provided in ORS
603.045 and 619.031 or shall be inspected and determined fit for
human consumption by employees of the State Department of Fish
and Wildlife or the Department of State Police who have been
trained by the State Department of Agriculture in the procedures
provided in ORS 603.045 and 619.031, and shall be processed by an
establishment approved by the State Department of Agriculture as
provided in ORS 619.026 and 619.031 and may be served for human
consumption by charitable organizations.
(2) As used in subsection (1) of this section:
(a) 'Charitable organization' means the { - Adult and Family
Services Division, State Office for Services to Children and
Families - } { + Department of Human Services + }, Oregon Youth
Authority, Department of Corrections institutions, low-income
nutritional centers, public school nutritional centers, senior
nutritional centers, state hospitals and other charitable
organizations or public institutions approved by the State
Department of Fish and Wildlife.
(b) 'Game meat' includes antelope, bighorn sheep, deer, elk,
moose and mountain goat.
SECTION 210. ORS 624.010, as amended by section 38, chapter
351, Oregon Laws 1999, is amended to read:
624.010. As used in ORS 624.010 to 624.120, unless the context
requires otherwise:
{ - (1) 'Assistant director' means the Assistant Director for
Health or an authorized representative. - }
{ - (2) - } { + (1) + } 'Bed and breakfast facility' means
any establishment located in a structure designed for a single
family residence and structures appurtenant thereto, regardless
of whether the owner or operator of the establishment resides in
any of the structures, that:
(a) Has more than two rooms for rent on a daily basis to the
public; and
(b) Offers a breakfast meal as part of the cost of the room.
{ + (2) 'Department' means the Department of Human
Services. + }
{ - (3) 'Division' means the Health Division of the
Department of Human Services. - }
{ + (3) 'Director' means the Director of Human Services. + }
(4) 'Limited service restaurant' means a restaurant serving
only prewrapped sandwiches, or a single dish or food product, and
nonperishable beverages.
(5) 'Restaurant' includes any establishment where food or drink
is prepared for consumption by the public or any establishment
where the public obtains food or drink so prepared in form or
quantity consumable then and there, whether or not it is consumed
within the confines of the premises where prepared, and also
includes establishments that prepare food or drink in consumable
form for service outside the premises where prepared, but does
not include railroad dining cars, bed and breakfast facilities or
Enrolled House Bill 2294 (HB 2294-B) Page 143
temporary restaurants as defined in subsection (6) of this
section.
(6) 'Temporary restaurant' means any establishment operating
temporarily in connection with any fair, carnival, circus or
similar public gathering or entertainment, food product promotion
or any other event where food is prepared or served for
consumption by the public. 'Temporary restaurant' does not
include:
(a) An establishment where food is prepared and served by a
fraternal, social or religious organization only to its own
members and guests.
(b) An approved school lunchroom where food is prepared and
served for school and community activities, where the preparation
and service are under the direction of the school lunchroom
supervisor.
(c) A food product promotion where only samples of a food or
foods are offered to demonstrate the characteristics of the food
product. For the purposes of this paragraph, a sample shall not
include a meal, an individual hot dish or a whole sandwich.
(d) A private residence, or part thereof, including the
grounds, areas and facilities held out for the use of the
occupants generally, for which a temporary sales license is
issued under ORS 471.190 for a period not exceeding one day.
SECTION 211. ORS 624.165 is amended to read:
624.165. (1) Subject to ORS 624.070, game meat that has been
donated to a charitable organization and has been inspected and
processed as provided in ORS 619.095 may be served for human
consumption by that charitable organization.
(2) As used in subsection (1) of this section:
(a) 'Charitable organization' means the { - Adult and Family
Services Division, State Office for Services to Children and
Families - } { + Department of Human Services + }, Oregon Youth
Authority, Department of Corrections institutions, low-income
nutritional centers, public school nutritional centers, senior
nutritional centers, state hospitals and other charitable
organizations or public institutions approved by the State
Department of Fish and Wildlife.
(b) 'Game meat' includes antelope, bighorn sheep, deer, elk,
moose and mountain goat.
SECTION 212. ORS 624.310 is amended to read:
624.310. As used in ORS 624.310 to 624.440 unless the context
requires otherwise:
(1) 'Approved' means approved by the administrator.
(2) 'Commissary' means commissary catering establishment,
restaurant or any other place in which food, beverage,
ingredients, containers or supplies are kept, handled, prepared
or stored, and from which vending machines or mobile units are
serviced.
{ - (3) 'Division' means the Health Division of the
Department of Human Services. - }
{ + (3) 'Department' means the Department of Human Services.
(4) 'Director' means the Director of Human Services. + }
{ - (4) - } { + (5) + } 'Employee' means any operator or
any person employed by an operator who handles any food,
beverage, or ingredient to be dispensed through vending machines
or mobile units, or who comes into contact with product contact
surfaces of the container, equipment, utensils or packaging
materials, used in connection with vending machines or mobile
unit operations, or who otherwise services or maintains one or
more such machines or units.
Enrolled House Bill 2294 (HB 2294-B) Page 144
{ - (5) - } { + (6) + } 'Food' means any raw, cooked or
processed edible substance, beverage or ingredient used or
intended for use in whole, or in part, for human consumption.
{ - (6) 'Assistant director' means the Assistant Director for
Health. - }
(7) 'Machine location' means the room, enclosure, space or area
where one or more vending machines are installed and are in
operation.
(8) 'Mobile unit' means any vehicle on which food is prepared,
processed or converted or which is used in selling and dispensing
food to the ultimate consumer.
(9) 'Operator' means any person, who by contract, agreement or
ownership is responsible for furnishing, installing, servicing,
operating or maintaining one or more vending machines or mobile
units.
(10) 'Person' means any individual, partnership, corporation,
company, firm, institution, association or any other public or
private entity.
(11) 'Product contact surface' means any surface of the vending
machine or mobile unit, appurtenance or container which comes
into direct contact with any food, beverage or ingredient.
(12) 'Readily perishable food' means any food, beverage or
ingredient consisting in whole or in part of milk, milk products,
eggs, meat, fish, poultry, or any other food capable of
supporting rapid and progressive growth of microorganisms which
can cause food infections or food intoxications. However,
'readily perishable food' does not include products in
hermetically sealed containers processed by heat to prevent
spoilage or dehydrated, dry or powdered products which are so low
in moisture content as to preclude development of microorganisms.
(13) 'Single-service article' means any utensil, container,
implement or wrapper intended for use only once in the
preparation, storage, display, service or consumption of food or
beverage.
(14) 'Utensil' means any kitchenware, tableware, glassware,
cutlery, container, cleaning brush or other equipment that comes
into contact with food or product contact surfaces during
cleaning of vending machines, mobile units or commissary
equipment, or during storage, preparation, serving, dispensing or
consumption of food.
(15) 'Vending machine' means any self-service device offered
for public use which, upon insertion of a coin, coins, currency
or token, or by other means, dispenses unit servings of food or
beverage, either in bulk or package, without the necessity of
replenishing the device between each vending operation.
(16) 'Warehouse' means any place where food, utensils,
single-service articles, cleaning or servicing supplies for
vending machines, mobile units or commissaries are stored.
SECTION 213. ORS 655.605 is amended to read:
655.605. As used in ORS 655.605 and 655.615:
{ + (1) 'Department' means the Department of Human
Services. + }
{ - (1) - } { + (2) + } 'Employer' means any person who
provides on-the-job training for trainees in cooperation with the
{ - Vocational Rehabilitation Division - } { + department + }
or the Commission for the Blind even though no wages or salary is
paid to the trainee.
{ - (2) - } { + (3) + } 'Employment' means work experience
through nonremunerative, on-the-job training as a part of a
special training program of the { - Vocational Rehabilitation
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Division - } { + department + } or the Commission for the Blind
occurring on the premises of the employer or at such other places
as the
{ - Vocational Rehabilitation Division - } { + department
+ }or the Commission for the Blind and the employer may agree.
{ - (3) - } { + (4) + } 'Injury' means any personal injury
sustained by a trainee by accident, disease or infection arising
out of and in the course of employment, or death resulting
proximately therefrom as provided in ORS chapter 656.
{ - (4) - } { + (5) + } 'State Accident Insurance Fund
Corporation' and ' corporation' mean the State Accident Insurance
Fund Corporation created under ORS 656.752.
{ - (5) - } { + (6) + } 'Trainee' or 'client' means an
occupationally limited person who is participating in a special
training or evaluation program of the { - Vocational
Rehabilitation Division - } { + department + } or the
Commission for the Blind in which the trainee is enrolled.
{ - (6) 'Division' means the Vocational Rehabilitation
Division or the Commission for the Blind. - }
SECTION 214. ORS 657A.420 is amended to read:
657A.420. The Child Care Division may enter into cooperative
arrangements with the { - State Office for Services to Children
and Families, the Health Division, - } { + Department of Human
Services, + } the State Fire Marshal and other public agencies
for the provision of services in the inspection of child care
facilities in the administration of ORS 181.537, 657A.030 and
657A.250 to 657A.450. The arrangements shall designate which
services shall be reimbursed and the rate and manner of
reimbursement.
SECTION 215. ORS 685.055 is amended to read:
685.055. The { - Office of Medical Assistance Programs in the
office of the - } Director of Human Services shall not
discriminate between licensed naturopathic physicians and any
other person authorized by law to render professional services
that a licensed naturopathic physician may render, when such
services are required. If the { - Office of Medical Assistance
Programs - } { + Department of Human Services + } is
responsible for paying for such services, the services shall be
paid for in the same manner and under the same standards as
similar professional services.
SECTION 216. ORS 691.405 is amended to read:
691.405. As used in ORS 691.405 to 691.585:
(1) 'American Dietetic Association' means the national
professional organization of dietitians that provides direction
and leadership for quality dietetic practice, education and
research.
(2) 'Board' means the Board of Examiners of Licensed Dietitians
established under ORS 691.485.
(3) 'Commission on Dietetic Registration' means the commission
on dietetic registration that is a member of the National
Commission for Health Certifying Agencies.
{ + (4) 'Department' means the Department of Human
Services. + }
{ - (4) - } { + (5) + } 'Dietetics practice' means the
integration and application of principles derived from the
sciences of nutrition, biochemistry, food, management, physiology
and behavioral and social sciences to achieve and maintain the
health of people through:
(a) Assessing the nutritional needs of clients;
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(b) Establishing priorities, goals and objectives that meet
nutritional needs of clients;
(c) Advising and assisting individuals or groups on appropriate
nutritional intake by integrating information from a nutritional
assessment with information on food and other sources of
nutrients and meal preparation; and
(d) Evaluating, making changes in and maintaining appropriate
standards of quality in food and nutrition services.
{ - (5) 'Division' means the Health Division of the
Department of Human Services. - }
(6) 'Licensed dietitian' means a dietitian licensed as provided
in ORS 691.435.
SECTION 217. ORS 743.556 is amended to read:
743.556. A group health insurance policy providing coverage for
hospital or medical expenses shall provide coverage for expenses
arising from treatment for chemical dependency including
alcoholism and for mental or nervous conditions. The following
conditions apply to the requirement for such coverage:
(1) The coverage may be made subject to provisions of the
policy that apply to other benefits under the policy, including
but not limited to provisions relating to deductibles and
coinsurance. Deductibles and coinsurance for treatment in health
care facilities or residential programs or facilities shall be no
greater than those under the policy for expenses of
hospitalization in the treatment of illness. Deductibles and
coinsurance for outpatient treatment shall be no greater than
those under the policy for expenses of outpatient treatment of
illness.
(2) Treatment provided in health care facilities, residential
programs or facilities, day or partial hospitalization programs
or outpatient services shall be considered eligible for
reimbursement if it is provided by:
(a) Programs or providers described in ORS 430.010 or approved
by the { - office of Alcohol and Drug Abuse Programs or by the
Mental Health and Developmental Disability Services Division - }
{ + Department of Human Services + } under subsection (3) of
this section.
(b) Programs accredited for the particular level of care for
which reimbursement is being requested by the Joint Commission on
Accreditation of Hospitals or the Commission on Accreditation of
Rehabilitation Facilities.
(c) Inpatient programs provided by health care facilities as
defined in ORS 442.015. Residential, outpatient, or day or
partial hospitalization programs offered by or through a health
care facility must meet the requirements of either paragraph (a)
or (b) of this subsection in order to be eligible for
reimbursement.
(d) Residential programs or facilities described in subsection
(3) of this section if the patient is staying overnight at the
facility and is involved in a structured program at least eight
hours per day, five days per week.
(e) Programs in which staff are directly supervised or in which
individual client treatment plans are approved by a person
described in ORS 430.010 { - (4)(d) - } { + (4)(a) + } and
which meet the standards established under subsection (3) of this
section.
(3) Subject to ORS 430.065, the { - office of Alcohol and
Drug Abuse Programs - } { + Department of Human Services + }
shall adopt rules relating to the approval, for insurance
reimbursement purposes, of noninpatient chemical dependency
Enrolled House Bill 2294 (HB 2294-B) Page 147
programs that are not related to the { - division - }
{ + department + } or any county mental health program. The
{ - Mental Health and Developmental Disability Services
Division - } { + department + }shall adopt rules relating to
the approval, for insurance reimbursement purposes, of
noninpatient programs for mental or nervous conditions that are
not related to the
{ - division - } { + department + } or any county mental
health program.
(4) A program that provides services for persons with both a
chemical dependency diagnosis and a mental or nervous condition
shall be considered to be a distinct and specialized type of
program for both chemical dependency and mental or nervous
conditions. The { - Mental Health and Developmental Disability
Services Division and the office of Alcohol and Drug Abuse
Programs jointly - } { + Department of Human Services + } shall
develop specific standards related to such programs for program
approval purposes and shall adopt rules relating to the approval,
for insurance reimbursement purposes, of such noninpatient
programs that are not related to the { - office or the
division - } { + department + } and any county mental health
program.
(5) As used in this section:
(a) 'Chemical dependency' means the addictive relationship with
any drug or alcohol characterized by either a physical or
psychological relationship, or both, that interferes with the
individual's social, psychological or physical adjustment to
common problems on a recurring basis. For purposes of this
section, chemical dependency does not include addiction to, or
dependency on, tobacco, tobacco products or foods.
(b) 'Child or adolescent' means a person who is 17 years of age
or younger.
(c) 'Facility' means a corporate or governmental entity or
other provider of services for the treatment of chemical
dependency or for the treatment of mental or nervous conditions.
(d) 'Program' means a particular type or level of service that
is organizationally distinct within a facility.
(6) Notwithstanding the limits for particular types of services
specified in this section, a policy shall not limit the total of
payments for all treatment of any kind under this section for
chemical dependency, together with payments for all treatment of
any kind for mental or nervous conditions, to less than $13,125
for adults and $15,625 for children or adolescents. For persons
requesting payments for treatment of any kind for chemical
dependency, but not requesting payments for treatment of any kind
of mental or nervous condition, a policy shall not limit the
total of payments for all treatment to less than $8,125 for
adults and $13,125 for children and adolescents.
(7) The limits for mental or nervous conditions specified in
this section shall apply to persons with diagnoses of both
chemical dependency and mental or nervous conditions, who are
being treated for both types of diagnosis, as well as persons
with only a diagnosis of a mental or nervous condition.
(8) The higher benefit levels in this section for children or
adolescents are in recognition of the longer period of treatment
and the greater levels of staffing that may be required for
children or adolescents and are intended to permit more services
to meet the needs of children and adolescents.
Enrolled House Bill 2294 (HB 2294-B) Page 148
(9) Payments shall not be made under this section for
educational programs to which drivers are referred by the
judicial system, nor for volunteer mutual support groups.
(10) Except as permitted by subsections (1), (6) and (12) of
this section, the policy shall not limit payments for inpatient
treatment in hospitals and other health care facilities
thereunder:
(a) For chemical dependency to an amount less than $5,625 for
adults and $5,000 for children or adolescents; and
(b) For mental or nervous conditions to an amount less than
$5,000 for adults and $7,500 for children or adolescents.
(11) Except as permitted by subsections (1), (6) and (12) of
this section, the policy shall not limit payments for treatment
in residential programs or facilities or day or partial
hospitalization programs:
(a) For chemical dependency to an amount less than $4,375 for
adults and $3,750 for children or adolescents; and
(b) For mental or nervous conditions to an amount less than
$1,250 for adults and $3,125 for children or adolescents.
(12) Notwithstanding the minimum benefits for particular types
of services specified in subsections (10) and (11) of this
section, and except as permitted by subsection (1) of this
section, the policy shall not limit total payments for inpatient,
residential and day or partial hospitalization program care or
treatment:
(a) For chemical dependency to an amount less than $10,625 for
children or adolescents; and
(b) For mental or nervous conditions to an amount less than
$10,625 for adults and $13,125 for children or adolescents.
(13) Except as permitted by subsections (1) and (6) of this
section, in the case of benefits for outpatient services, the
policy shall not limit payments:
(a) For chemical dependency to an amount less than $1,875 for
adults and $2,500 for children or adolescents; and
(b) For mental or nervous conditions to an amount less than
$2,500.
(14) If so specified in the policy, outpatient coverage may
include follow-up in-home service associated with any health care
facility, residential, day or partial hospitalization or
outpatient services. The policy may limit coverage for in-home
service to persons who have completed their initial health care
facility, residential, day or partial hospitalization or
outpatient treatment and did not terminate that initial treatment
against advice. The policy may also limit coverage for in-home
service by defining the circumstances of need under which payment
will or will not be made.
(15) Under ORS 430.021 and 430.315, the Legislative Assembly
has found that health care cost containment is necessary and
intends to encourage insurance policies designed to achieve cost
containment by assuring that reimbursement is limited to
appropriate utilization under criteria incorporated into such
policies, either directly or by reference.
(16) A group health insurance policy may provide, with respect
to treatment for chemical dependency or mental or nervous
conditions, that any one or more of the following cost
containment methods shall be in effect and the method or methods
used by an insurer in one part of the state may be different from
the method or methods used by that insurer in another part of the
state:
Enrolled House Bill 2294 (HB 2294-B) Page 149
(a) Proportion of coinsurance required for treatment in
residential programs or facilities, day or partial
hospitalization programs or outpatient services less than the
proportion of coinsurance required for treatment in health care
facilities.
(b) Subject to the patient or client confidentiality provisions
of ORS 40.235 relating to physicians, ORS 40.240 relating to
nurse practitioners, ORS 40.230 relating to psychologists and ORS
40.250 and 675.580 relating to licensed clinical social workers,
review for level of treatment of admissions and continued stays
for treatment in health care facilities, residential programs or
facilities, day or partial hospitalization programs and
outpatient services by either insurer staff or personnel under
contract to the insurer, or by a utilization review contractor,
who shall have the authority to certify for or deny level of
payment:
(A) This review shall be made according to criteria made
available to providers in advance upon request.
(B) To facilitate implementation of utilization review programs
by insurers, { - the office of - } the Director of Human
Services shall draft an advisory or model set of criteria for
appropriate utilization of inpatient, residential, day or partial
hospitalization, and outpatient facilities, programs and services
by adults, children and adolescents, and persons with both a
chemical dependency diagnosis and a mental or nervous condition.
These criteria shall be consistent with this section and shall
not be binding on any insurer or other party. However, at the
time of contract negotiation or amendment, with the agreement of
the parties to the contract, any insurer may adopt the criteria
or similar criteria with or without modification. The
{ - office of the - } director shall revise these criteria at
least every two years. In developing and revising these criteria,
the { - office of the - } director shall organize a technical
advisory panel including representatives of the Department of
Consumer and Business Services, { - the office of Alcohol and
Drug Abuse Programs, the Mental Health and Developmental
Disability Services Division, the Health Division - } { + the
Department of Human Services + }, the insurance industry, the
business community and providers of each level of care. The
{ - office of the - } director shall place substantial weight
on the advice of this panel.
(C) Review shall be performed by or under the direction of a
medical or osteopathic physician licensed by the Board of Medical
Examiners for the State of Oregon; a psychologist licensed by the
State Board of Psychologist Examiners; a nurse practitioner
registered by the Oregon State Board of Nursing; or a clinical
social worker licensed by the State Board of Clinical Social
Workers, with physician consultation readily available. The
reviewer shall have expertise in the evaluation of mental or
nervous condition services or chemical dependency services.
(D) Review may involve prior approval, concurrent review of the
continuation of treatment, post-treatment review or any
combination of these. However, if prior approval is required,
provision shall be made to allow for payment of urgent or
emergency admissions, subject to subsequent review. If prior
approval is not required, insurers shall permit treatment
providers, policy holders or persons acting on their behalf to
make advance inquiries regarding the appropriateness of a
particular admission to a treatment program. Insurers shall
provide a timely response to such inquiries. Approval of a
Enrolled House Bill 2294 (HB 2294-B) Page 150
particular admission does not represent a guarantee of future
payment.
(E) An appeals process shall be provided.
(F) An insurer may choose to review all providers on a sampling
or audit basis only; or to review on a less frequent basis those
providers who consistently supply full documentation, consistent
with confidentiality statutes on each case in a timely fashion to
the insurer.
(17) For purposes of subsection (16)(b) of this section, a
utilization review contractor is a professional review
organization or similar entity which, under contract with an
insurance carrier, performs certification of reimbursability of
level of treatment for admissions and maintained stays in
treatment programs, facilities or services.
(18) For purposes of subsection (16)(b) of this section, when
implemented through an insurance contract, reimbursability of
inpatient treatment requires demonstration that medical
circumstances require 24-hour nursing care, or physician or nurse
assessment, treatment or supervision that cannot be readily made
available on an outpatient basis, or in:
(a) The current living situation;
(b) An alternative, nontreatment living situation;
(c) An alternative residential program or facility; or
(d) A day or partial hospitalization program.
(19) For purposes of subsection (16)(b) of this section, when
implemented through an insurance contract, reimbursability of
treatment at the residential, day or partial hospitalization
level of treatment shall require demonstration that outpatient
services, if appropriate and less costly than residential, day or
partial hospitalization services:
(a) Are not presently appropriate and available;
(b) Cannot be readily and timely made available; and
(c) Cannot meet documented needs for nonmedical supervision,
protection, assistance and treatment, either in the current
living situation or in a readily and timely available
alternative, nontreatment living situation, taking into account
the extent of both the available positive support and existing
negative influences in the occupational, social and living
situations; risks to self or others; and readiness to participate
consistently in treatment.
(20) For purposes of subsection (16)(b) of this section,
reimbursability of treatment at the level for outpatient
facility, service or program shall require demonstration that
treatment is justified, considering the individual's history, and
the current medical, occupational, social and psychological
situation, and the overall prognosis.
(21) Discrete medical or neurologic diagnostic or treatment
services including any professional component of that service,
costing in excess of $300, occurring concurrently with but not
directly related to treatment of mental or nervous conditions
shall not be charged against the inpatient benefit level.
(22) The benefits described in this section shall renew in full
either on the first day of the 25th month of coverage following
the first use of services for the treatment of chemical
dependency or mental or nervous conditions, or both, or on the
first day following two consecutive contract years.
(23) Health maintenance organizations, as defined in ORS
750.005 (3), shall be subject to the following conditions and
requirements in their provision of benefits for chemical
dependency or mental or nervous conditions to enrollees:
Enrolled House Bill 2294 (HB 2294-B) Page 151
(a) Notwithstanding the provisions of subsection (1) of this
section, health maintenance organizations may establish
reasonable provisions for enrollee cost-sharing, so long as the
amount the enrollee is required to pay does not exceed the amount
of coinsurance and deductible customarily required by other
insurance policies which are subject to the provisions of this
chapter for that type and level of service.
(b) Nothing in this section prevents health maintenance
organizations from establishing durational limits which are
actuarially equivalent to the benefits required by this section.
(c) Health maintenance organizations may limit the receipt of
covered services by enrollees to services provided by or upon
referral by providers associated with the health maintenance
organization.
(d) The Department { + of Human Services + } shall make rules
establishing objective and quantifiable criteria for determining
when a health maintenance organization meets the conditions and
requirements of this subsection.
(24) Nothing in this section shall prevent an insurer or health
care service contractor other than a health maintenance
organization, except as provided in subsection (23) of this
section, from contracting with providers of health care services
to furnish services to policy holders or certificate holders
according to ORS 743.531 or 750.005, subject to the following
conditions:
(a) An insurer or health care service contractor may establish
limits for contracted services which are actuarially equivalent
to the benefits required by this section, so long as the same
range of treatment settings is made available.
(b) An insurer or health care service contractor, other than a
health maintenance organization, may negotiate with contracting
providers as to the cost of actuarially equivalent benefits, and
such actuarially equivalent benefits for services of contracting
providers shall be deemed to equal the minimum benefit levels
specified in this section.
(c) An insurer or health care service contractor is not
required to contract with all eligible providers, and payment for
covered services of contracting providers may be in alternative
methods or amounts rather than as specified in this section.
(d) Insurers and health care service contractors other than
health maintenance organizations shall pay benefits toward the
covered charges of noncontracting providers of services for the
treatment of chemical dependency or mental or nervous conditions
at the same level of deductible or coinsurance as would apply to
covered charges of noncontracting providers of other health
services under the same group policy or contract. The insured
shall have the right to use the services of a noncontracting
provider of services for the treatment of chemical dependency or
mental or nervous conditions. Policies described in this
subsection shall be subject to the provisions of subsection (1)
of this section, whether or not the services for chemical
dependency or mental or nervous conditions are provided by
contracting or noncontracting providers.
(e) The department shall make rules establishing objective and
quantifiable criteria for determining that a contract meets the
conditions and requirements of this subsection and that
actuarially equivalent services of contracting providers equal or
exceed services obtainable with the minimum benefits specified in
this section.
Enrolled House Bill 2294 (HB 2294-B) Page 152
(25) The intent of the Legislative Assembly in adopting this
section is to reserve benefits for different types of care to
encourage cost effective care and to assure continuing access to
levels of care most appropriate for the insured's condition and
progress.
(26) The director, after notice and hearing, may adopt
reasonable rules not inconsistent with this section that are
considered necessary for the proper administration of these
provisions.
SECTION 218. ORS 411.062 is amended to read:
411.062. (1) When the caseload of { - an Adult and Family
Services Division branch - } { + a Department of Human Services
local + } office consists of 35 or more non-English-speaking
households which share the same language, the { - division - }
{ + department + } shall provide at that { - branch - }
{ + local + } office written materials in that language and
access to a bilingual assistance worker or caseworker fluent in
both that language and English.
(2) As used in this section:
(a) A 'non-English-speaking household' is a household that does
not have an adult member who is fluent in English.
(b) 'Written materials' includes all forms, notices and other
documents which the { - division - } { + Department of Human
Services + } provides to any English-speaking client for the
establishment, maintenance and explanation of eligibility for
public assistance.
(3) The Personnel Division of the Oregon Department of
Administrative Services shall recruit qualified individuals and
shall maintain lists of such individuals for purposes of meeting
the requirements of this section { - and ORS 411.064 - } .
SECTION 219. ORS 411.070 is amended to read:
411.070. The { - Adult and Family Services Division - }
{ + Department of Human Services + } shall by rule fix statewide
uniform standards for all public assistance programs and effect
uniform observance thereof throughout the state. In establishing
statewide standards for public assistance, the { - Adult and
Family Services Division - } { + department + }, within the
limits of available funds, shall take into consideration all
basic requirements for a standard of living compatible with
decency and health, including food, shelter, clothing, fuel,
public utilities, telecommunications service, medical care and
other essential items and, upon the basis of investigations of
the facts, shall provide budgetary guides for determining minimum
costs of meeting such requirements. { - Family support services
provided by the Adult and Family Services Division shall be
delivered in accordance with the principles described in ORS
417.342 and 417.344. - }
SECTION 220. ORS 411.620 is amended to read:
411.620. (1) The { - Adult and Family Services Division - }
{ + Department of Human Services + } may prosecute a civil suit
or action against any person who has obtained, for personal
benefit or for the benefit of any other person, any amount or
type of general assistance or public assistance, as defined in
ORS 411.010, or has aided any other person to obtain such general
assistance or public assistance, in violation of any provision of
ORS 411.630, or in violation of ORS 411.640. In such suit or
action the { - division - } { + department + } may recover
the amount or value of such general assistance or public
assistance so obtained in violation of ORS 411.630, or in
Enrolled House Bill 2294 (HB 2294-B) Page 153
violation of ORS 411.640, with interest thereon, together with
costs and disbursements incurred therein.
(2) Excepting as to bona fide purchasers for value, the
{ - division - } { + department + }, the conservator for the
recipient or the personal representative of the estate of a
deceased recipient may prosecute a civil suit or action to set
aside the transfer, gift or other disposition of any money or
property made in violation of any provisions of ORS 411.630,
412.600, 413.200 { - , - } { + and + } 414.105
{ - and 416.280 - } and the { - Adult and Family Services
Division - } { + department + } may recover out of such money
or property, or otherwise, the amount or value of any general
assistance or public assistance obtained as a result of such
violation, with interest thereon, together with costs and
disbursements incurred therein.
SECTION 221. ORS 412.600 is amended to read:
412.600. (1) The amount of any aid to the disabled assistance
paid under the provisions of this chapter is a claim against the
property or interest therein belonging to and a part of the
estate of any deceased recipient, or if there be no estate, the
estate of the surviving spouse, if any, shall be charged for such
aid paid to either or both. However, there shall be no adjustment
or recovery of public assistance correctly paid on behalf of any
individual under this chapter except after the death of the
surviving spouse of the individual, if any, and only at a time
when the individual has no surviving child who is under 21 years
of age or who is blind or permanently and totally disabled.
Transfers of real or personal property by recipients of such
assistance without adequate consideration are voidable and may be
set aside under ORS 411.620 (2) { - and shall disqualify
applicants or recipients for aid, in all respects as provided in
ORS 413.170 (1) - } .
(2) Except where there is a surviving spouse, or a surviving
child who is under 21 years of age or who is blind or permanently
and totally disabled, the amount of any aid paid under this
chapter is a claim against the estate in any conservatorship
proceedings and may be paid pursuant to ORS 125.495.
(3) Nothing in this section authorizes the recovery of the
amount of any aid from the estate or surviving spouse of a
recipient to the extent that the need for aid resulted from a
crime committed against the recipient.
SECTION 222. ORS 414.095 is amended to read:
414.095. Neither medical assistance nor amounts payable to
vendors out of public assistance funds are transferable or
assignable at law or in equity and none of the money paid or
payable under the provisions of { - ORS 411.405 and - } this
chapter is subject to execution, levy, attachment, garnishment or
other legal process.
SECTION 223. ORS 414.105 is amended to read:
414.105. (1) The Department of Human Services may recover from
any person the amounts of medical assistance incorrectly paid on
behalf of such person.
(2) Medical assistance pursuant to { - ORS 411.405 and - }
this chapter paid on behalf of an individual who was 55 years of
age or older when the individual received such assistance may be
recovered from the estate of the individual or from any recipient
of property or other assets held by the individual at the time of
death including the estate of the surviving spouse. Claim for
such medical assistance correctly paid to the individual may be
established against the estate, but there shall be no adjustment
Enrolled House Bill 2294 (HB 2294-B) Page 154
or recovery thereof until after the death of the surviving
spouse, if any, and only at a time when the individual has no
surviving child who is under 21 years of age or who is blind or
permanently and totally disabled. Transfers of real or personal
property by recipients of such aid without adequate consideration
are voidable and may be set aside under ORS 411.620 (2).
(3) Nothing in this section authorizes the recovery of the
amount of any aid from the estate or surviving spouse of a
recipient to the extent that the need for aid resulted from a
crime committed against the recipient.
(4) In any action or proceeding under this section to recover
medical assistance paid, it shall be the legal burden of the
person who receives the property or other assets from a Medicaid
recipient to establish the extent and value of the Medicaid
recipient's legal title or interest in the property or assets in
accordance with rules established by the department.
(5) As used in this section, 'estate' includes all real and
personal property and other assets in which the deceased
individual had any legal title or interest at the time of death
including assets conveyed to a survivor, heir or assign of the
deceased individual through joint tenancy, tenancy in common,
survivorship, life estate, living trust or other similar
arrangement.
SECTION 224. ORS 414.106 is amended to read:
414.106. (1) { - Notwithstanding ORS 414.105, - } Subject to
the requirements of subsection (2) of this section, if 42 U.S.C.
1396p (b)(1)(B) as in effect on January 1, 1995, is repealed
without replacement or is declared unconstitutional, the Director
of Human Services shall limit the recovery of medical assistance
paid pursuant to { - ORS 411.405 or - } ORS chapter 414 from
the estate of an individual or a recipient of property or other
assets held by an individual at the time of death, including a
surviving spouse of the individual, to the recovery of medical
assistance payments paid on behalf of the individual on or after
the date that the individual attained 65 years of age.
(2) The director shall limit the recovery of medical assistance
as described under subsection (1) of this section only if the
director determines, after receiving the written opinion of the
Attorney General, that the recovery limitation will not violate
any federal law in effect on the operative date of the recovery
limitation. The director may condition, limit, modify or
terminate any recovery limitation as the director considers
necessary to avoid a violation of federal law.
SECTION 225. ORS 416.990 is amended to read:
416.990. Any person who makes, renders, signs or verifies any
false or fraudulent statement, or supplies any false or
fraudulent information with intent to evade { - any requirement
of ORS 416.020, 416.030 and 416.061 or - } any lawful
requirement of the { - Adult and Family Services Division - }
{ + Department of Human Services + }
{ - thereunder - } is guilty of a misdemeanor.
SECTION 226. ORS 417.747 is amended to read:
417.747. { - Notwithstanding ORS 409.190, - } Beginning on
August 18, 1993, the department and the state commission may
agree to establish pilot programs in counties that are capable of
handling the program to administer foster care programs under the
department's jurisdiction. The pilot program must be accepted by
the board of county commissioners in the local coordinated
comprehensive plan. The pilot program shall be subject to federal
Enrolled House Bill 2294 (HB 2294-B) Page 155
requirements and the restrictions agreed upon between the
department and the county where the pilot program is located.
SECTION 227. ORS 417.787 is amended to read:
417.787. The State Commission on Children and Families shall:
(1) Determine when funds for services for children and families
not described in ORS { - 409.190 - } { + 409.010 (2)(a) + }
and 430.215 are to be transferred to the local commission. If a
local commission with an approved local coordinated comprehensive
plan requests a transfer, the state commission shall determine
whether funds can be transferred.
(2) Determine which, if any, services for children and families
that are not described in ORS { - 409.190 - } { + 409.010
(2)(a) + } and 430.215 are not to be transferred to local
commissions but are to remain state responsibilities.
SECTION 228. ORS 430.165 is amended to read:
430.165. The { - Mental Health and Developmental Disability
Services Division - } { + Department of Human Services + } may
prescribe fee schedules for any of the programs { - which - }
{ + that + } it establishes and operates under ORS
{ - 430.260, - } 430.265, 430.306 to 430.375, 430.405, 430.415,
430.850 to 430.880, 813.500 and 813.510. The fees shall be
charged and collected by the { - division - }
{ + department + } in the same manner as charges are collected
under ORS 179.610 to 179.770. When the { - division - }
{ + department + } acts under this section, ' person in a state
institution' or 'person at a state institution' or any similar
phrase, as defined in ORS 179.610, includes a person who receives
services from a program for which fee schedules are established
under this section.
SECTION 229. ORS 441.624 is amended to read:
441.624. (1) ORS 124.050, 124.080, 410.190, 441.020 to 441.057,
441.060, 441.061, 441.067, 441.073, 441.085, 441.087, 441.277 to
441.289, 441.303, 441.316, 441.318, 441.367, 441.600, 441.610,
{ - 441.623, - } 441.630, 441.650 to 441.665, 441.685, 441.690,
441.703 and 441.705 to 441.720 address the consolidation of the
regulatory functions of licensing, certification, inspection of
care, utilization review, abuse reporting and abuse
investigation.
(2) It is legislative intent that:
(a) The { - Senior and Disabled Services Division - }
{ + Department of Human Services + } focus administrative effort
on the integration and consistent application and interpretation
of the regulatory functions at the nursing facility level;
(b) Surveys and other reports, especially with respect to
client assessment, be consistently and reliably performed
throughout the state;
(c) Positive and negative findings and sanctions be
proportional to the strengths and problems identified, within the
limits of federal statute and regulations; and
(d) The interpretation of regulatory criteria be independent of
influence from budgetary limitations.
SECTION 230. ORS 743.412 is amended to read:
743.412. A health insurance policy providing coverage for
hospital or medical expenses not limited to expenses from
accidents or specified sicknesses shall provide, at the request
of the applicant, coverage for expenses arising from treatment
for alcoholism. The following conditions apply to the requirement
for such coverage:
(1) The applicant shall be informed of the applicant's option
to request this coverage.
Enrolled House Bill 2294 (HB 2294-B) Page 156
(2) The inclusion of the coverage may be made subject to the
insurer's usual underwriting requirements.
(3) The coverage may be made subject to provisions of the
policy that apply to other benefits under the policy, including
but not limited to provisions relating to deductibles and
coinsurance.
(4) The policy may limit hospital expense coverage to treatment
provided by the following facilities:
(a) A health care facility licensed as required by ORS 441.015.
(b) A health care facility accredited by the Joint Commission
on Accreditation of Hospitals.
{ - (c) A rehabilitation clinic and agency established,
maintained, contracted with or operated by the Mental Health and
Developmental Disability Services Division under ORS 430.260. - }
(5) Except as permitted by subsection (3) of this section, the
policy shall not limit payments thereunder for alcoholism to an
amount less than $4,500 in any 24-consecutive month period and
the policy shall provide coverage, within the limits of this
subsection, of not less than 80 percent of the hospital and
medical expenses for treatment for alcoholism.
SECTION 231. ORS 344.690 is amended to read:
344.690. (1) The warrants shall be drawn as provided by law in
favor of the { - division - } { + Department + } { + of
Human Services + } on funds in the State Vocational
Rehabilitation Account in the State Treasury. The funds so
advanced shall be used by the { - Vocational Rehabilitation
Division - } { + department + } for the revolving fund set
forth in ORS 344.685 (1).
(2) At any time during the biennium for which the advances
mentioned in subsection (1) of this section were made, upon
written request together with a check drawn on the Vocational
Rehabilitation { - Division - } Revolving Fund by the
{ - division - } { + department + }, the Secretary of State
shall return such advances to the State Vocational Rehabilitation
Account.
(3)(a) The State Treasurer shall, from time to time, advance
from funds in the hands of the treasurer not required to meet
current demands, to the Vocational Rehabilitation
{ - Division - } Revolving Fund established by ORS 344.685 (1),
an amount not to exceed $40,000.
(b) The amounts so advanced shall be returned without interest
by the { - division - } { + department + } to the State
Treasurer at times and in amounts agreed upon between the State
Treasurer and the { - division - } { + department + }.
SECTION 232. ORS 430.190 is amended to read:
430.190. There is hereby established in the General Fund the
Mental Health and Developmental Disability Services
{ - Division - } Institution Account. Such amounts appropriated,
collected or received by the { - Mental Health and
Developmental Disability Services Division - } { + Department
of Human Services + } for the purpose of institution operations
shall be available for deposit in the Mental Health and
Developmental Disability Services { - Division - } Institution
Account. The Mental Health and Developmental Disability Services
{ - Division - } Institution Account is continuously
appropriated to the { - Mental Health and Developmental
Disability Services Division - } { + Department of Human
Services + } for institution operations.
Enrolled House Bill 2294 (HB 2294-B) Page 157
SECTION 233. Section 13, chapter 653, Oregon Laws 1991, is
amended to read:
{ + Sec. 13. + } As used in sections 12 to 14 { + , chapter
653, Oregon Laws 1991 + } { - of this Act - } :
(1) 'Facility approved by the { - Health Division - } { +
Department of Human Services + } ' means a facility for which
there is a license, permit, letter of agreement or other means by
which the state officially accepts the treatment, storage,
recycling, incineration or disposal method for radioactive
material.
(2) 'Radioactive material' means any radioactive waste or other
radioactive material resulting from activities of the federal
government, the United States Nuclear Regulatory Commission or
its licensees or licensees of a state that has entered into an
agreement under 42 U.S.C. 2021 and that satisfies the definition
of low-level radioactive waste in the federal Low-Level
Radioactive Waste Policy Act, 42 U.S.C. 2021b(9)(a), as of
January 1, 1989. 'Radioactive material' does not include
naturally occurring radionuclides, uranium mill tailings or
high-level radioactive waste.
SECTION 234. Section 14, chapter 653, Oregon Laws 1991, is
amended to read:
{ + Sec. 14. + } Notwithstanding any declaration by the
federal government that certain radioactive material may be
exempt from regulatory control or below regulatory concern, no
radioactive material may be recycled, incinerated or disposed of
in Oregon except at a facility approved by the { - Health
Division - } { + Department of Human Services + } specifically
for the recycling, incineration or disposal of radioactive
material.
SECTION 235. ORS 18.400 is amended to read:
18.400. (1) Subject to subsection (5) of this section, when any
judgment is paid or satisfied, that fact may be noted upon the
judgment docket of original entry over the signature of the
officer having the official custody of such docket, or of the
party entitled to receive and receiving payment or satisfaction,
or of the attorney or attorneys representing the judgment
creditor in the suit, action or proceeding in which the judgment
was rendered; provided, such satisfaction shall not be made by an
attorney whose authority over the judgment has expired. Upon
annulment or payment or satisfaction and entry thereof being so
made, the officer having the official custody of the judgment
docket of original entry shall, upon request of any person and
payment of the applicable fee, issue a certificate showing the
fact of satisfaction of such judgment, or annulment of the lien
thereof, describing the same sufficiently for identification; and
such certificate shall, upon presentation to the officer having
official custody of the judgment docket or the clerk in any
county in which a certified copy of the judgment or lien record
abstract may have been docketed or recorded, be entered upon such
docket or recorded in the County Clerk Lien Record where a
certified copy of the judgment or a lien record abstract has been
recorded for the purpose of making the satisfaction of judgment a
matter of record in such county.
(2) Evidence of the satisfaction of any judgment may also be
perpetuated by the execution and acknowledgment by the judgment
creditor, or the assignee or personal representative of the
judgment creditor, of a certificate describing the judgment with
convenient certainty, and specifying that the judgment has been
paid or otherwise satisfied or discharged. Such certificate shall
Enrolled House Bill 2294 (HB 2294-B) Page 158
be acknowledged or proved and certified in the manner provided by
law for conveyances of real property, and may be recorded in the
County Clerk Lien Record of any county or counties. In case such
judgment has been docketed in the judgment docket of a court of
any such county, the official custodian of such docket shall,
upon filing of such certificate of annulment or satisfaction,
make notation thereof in the judgment docket. The procedures
authorized by this subsection may be used only when the judgment
does not arise pursuant to a support order entered under ORS
108.010 to 108.550, 110.303 to 110.452, { - 416.010 to
416.270, - } 416.310 to 416.340 and 416.510 to 416.990 or
419B.400 or 419C.590 or ORS chapter 25, 107 or 109 which directs
that payments are to be made to the Department of Justice.
(3) An assignment of any judgment, executed in like manner, may
be:
(a) Filed with the official custodian of the judgment docket of
any county in which the judgment has been docketed, and upon such
filing shall be docketed therein; or
(b) Recorded in the office of the county clerk of any county in
which the judgment was recorded in the County Clerk Lien Record.
(4) In any case in which a state agency is assigned or
subrogated to the support rights of a person under ORS 418.032,
418.042, 419B.406 or 419C.597 or similar statutes of another
state, a notice of assignment of judgment bearing the signature
of the Administrator of the Division of Child Support or the
authorized representative of the administrator shall be entitled
to record, and with like effect, as an assignment of judgment
under subsection (3) of this section.
(5)(a) In cases where support payments ordered under ORS
110.303 to 110.452, { - 416.010 to 416.270, - } 416.310 to
416.340 and 416.510 to 416.990 or 419B.400 or 419C.590 or ORS
chapter 25, 107, 108 or 109 are to be paid to the Department of
Justice, any full or partial satisfaction of a support payment
judgment signed by an obligee or an attorney representing the
obligee must be mailed to or delivered to the Department of
Justice, and not to the clerk of the court. The Department of
Justice may provide support satisfaction forms, along with
specific instructions. No credit shall be given for such support
satisfaction except as provided by this subsection. The
department shall credit such support satisfaction to the support
judgment pay records maintained by the department, except to the
extent that the judgment is assigned to the Department of Human
Services { - or its divisions - } or subrogated to a state
agency under ORS 418.032, 418.042, 419B.406 or 419C.597. The
department shall then promptly forward the satisfaction
instrument to the appropriate clerk of the court together with a
Department of Justice certificate stating the amount of support
satisfaction entered on the pay records of the department. The
clerk of the court shall enter on the judgment docket only the
amount of the support satisfaction shown on the Department of
Justice certificate, and not the amount shown on the satisfaction
instrument.
(b) In addition to or in lieu of a certificate and satisfaction
instrument provided for in paragraph (a) of this subsection, the
Department of Justice may execute and file satisfactions for
judgments based on support orders subject to paragraph (a) of
this subsection if the obligor provides a sworn affidavit that
indicates that the judgment has been paid in full and the
department certifies that the department has a complete pay
record for the support payment judgment and further certifies
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that there are no arrearages. The department shall be considered
to have a complete pay record if the department has kept the pay
record for the support payment judgment from the date of the
first support payment required under the judgment, or if the
obligee or an entity providing enforcement services under ORS
25.080 establishes arrearages for the time period the pay record
was not kept by the department. A satisfaction of judgment under
this paragraph need not be notarized. If the satisfaction of
judgment is for any payment made to the Department of Justice for
amounts that have not been assigned by the obligee to the state,
the department shall give notice to the obligee in the manner
provided by ORS 25.085. The notice must inform the obligee that
the Department of Justice will execute and file the satisfaction
of judgment unless the department receives a request for a
hearing within 30 days after the date of the mailing of the
notice. If an obligee requests a hearing, the Department of
Justice shall conduct the hearing as a contested case under ORS
183.310 to 183.550 before a hearings officer appointed by the
Department of Justice.
(c) Satisfactions of support payment judgments in cases where
support payments are not ordered to be paid to the Department of
Justice or where enforcement services are not provided pursuant
to ORS 25.080 must be filed with the clerk of the court.
(6) The Department of Human Services, the Oregon Youth
Authority, assistant attorneys general representing these
agencies, the administrator of the Division of Child Support and
the administrator's designees may, in their discretion, sign and
mail or deliver to the Department of Justice a full or partial
satisfaction of a support payment judgment to the extent that
such judgment is assigned to the Department of Human Services or
Oregon Youth Authority. Notwithstanding subsection (5) of this
section, the Department of Justice may give credit for such
satisfaction and shall forward to the clerk of the court the
satisfaction instrument together with a Department of Justice
certificate stating the amount of support satisfaction entered on
the pay records of the department for entry on the judgment
docket of the amount of satisfaction shown on the certificate and
not the amount shown on the satisfaction instrument.
SECTION 236. ORS 25.080 is amended to read:
25.080. (1) This subsection describes the entity primarily
responsible for providing support enforcement services described
in subsection (4) of this section for any order or decree that is
or could be entered under ORS chapter 107, 108, 109 or 416 or ORS
110.303 to 110.452, 419B.400 or 419C.590. The entity shall
provide the support enforcement services described in subsection
(4) of this section on behalf of the State of Oregon and no other
party or either parent. The following entity is primarily
responsible:
(a) The Division of Child Support of the Department of Justice:
(A) If support rights are, or were within the past five months,
assigned to the Department of Human Services, { - one of its
divisions, - } the Oregon Youth Authority or a public assistance
agency of another state; or
(B) In any case where arrearage under a support order is
assigned or owed to or the right to recover back support or state
debt is held by a government agency.
(b) Except as provided in subsection (5) of this section, the
district attorney in cases other than those described in
paragraph (a) of this subsection if the obligee, obligor,
beneficiary or person having physical custody of a minor child
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regarding any support order that has been imposed or could be
imposed requests support enforcement services.
(2) The Department of Human Services shall establish rules
addressing the provision of support enforcement services when the
purposes of the state in providing those services may be
contradictory in individual cases.
(3) Notwithstanding the division of responsibility for
providing support enforcement services between the Division of
Child Support of the Department of Justice and the district
attorney as described in subsection (1) of this section,
provision of support enforcement services shall not be challenged
on the basis that the entity providing the services in a
particular case is not the entity responsible for the case under
subsection (1) of this section.
(4) When responsible for providing support enforcement services
and there is sufficient evidence available to support the action
to be taken, the entity described in subsection (1) of this
section:
(a) Shall establish and enforce any child support obligation;
(b) Shall establish paternity;
(c) Shall enforce spousal support when the obligee is living
with the obligor's child for whom support enforcement services
are being provided and those services are funded in part by
federal moneys;
(d) May enforce any other order or decree for spousal support;
(e) Shall, on behalf of the state, initiate and respond to
child support modification proceedings based upon a substantial
change of circumstances;
(f) Shall, on behalf of the state, initiate and respond to
child support modification proceedings based upon a modification
conducted under ORS 25.287 concerning existing child support
orders;
(g) Shall establish and enforce obligations to provide medical
insurance coverage for dependent children;
(h) Shall insure compliance with the provisions of 42
U.S.C. 651 to 669 and 45 CFR Chapter III as authorized by state
law;
(i) Shall carry out the policy of the State of Oregon regarding
child support obligations as expressed in ORS 416.405; and
(j) Shall insure that child support orders are in compliance
with the formula established by this chapter.
(5) The district attorney of any county, the Department of
Human Services and the Division of Child Support of the
Department of Justice may provide by agreement for assumption by
the Division of Child Support of the functions of the district
attorney under subsection (1) of this section or for
redistribution between the district attorney and the Division of
Child Support of all or any portion of the duties,
responsibilities and functions set forth in subsections (1) and
(4) of this section.
(6) All county governing bodies and all district attorneys
shall enter into child support cooperative agreements with the
Department of Human Services. The following apply to this
subsection:
(a) The agreements shall contain appropriate terms and
conditions sufficient for the state to comply with all child
support enforcement service requirements under federal law; and
(b) If this state loses any federal funds due to the failure of
a county governing body or district attorney to either enter into
an agreement under this subsection or to provide sufficient
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support enforcement service, the county shall be liable to the
department for, and the liability shall be limited to, the amount
of money the state determines it lost because of the failure. The
state shall offset the loss from any moneys the state is holding
for or owes the county or from any moneys the state would pay to
the county for any purpose.
(7) The district attorney or the Division of Child Support,
whichever is appropriate, shall provide the services specified in
subsections (1) and (4) of this section to any person requesting
them, but may in their discretion, upon a determination and
notice to the person requesting the service that prospect of
successful recovery from the obligor of a portion of the
delinquency or future payments is remote, require payment to the
district attorney or the Division of Child Support of an
application fee, in accordance with an application fee schedule
established by rule by the Department of Human Services. If
service performed results in the district attorney or the
Division of Child Support recovering any support enforcement
fees, such fees shall be paid to the applicant in an amount equal
to the amount of the application fee.
(8) An obligee may request the Division of Child Support of the
Department of Justice or a district attorney to cease all
collection efforts if it is anticipated that physical or
emotional harm will be caused to the parent or caretaker relative
or the child for whom support was to have been paid. The
Department of Human Services, by rule, shall set out the
circumstances under which such requests shall be honored.
SECTION 237. ORS 108.610 is amended to read:
108.610. As used in ORS 108.610 to 108.660 unless the context
requires otherwise:
{ - (1) 'Assistant director' means Assistant Director for
Services to Children and Families. - }
{ - (2) - } { + (1) + } 'Crisis line' means an emergency
telephone service staffed by persons who are trained to provide
emergency peer counseling, information, referral and advocacy to
victims of domestic violence and their families.
{ + (2) 'Director' means the Director of Human Services. + }
(3) 'Family violence' means the physical injury, sexual abuse
or forced imprisonment, or threat thereof, of a person by another
who is related by blood, marriage or intimate cohabitation at the
present or has been related at some time in the past, to the
extent that the person's health or welfare is harmed or
threatened thereby, as determined in accordance with rules
prescribed by the { - assistant - } director.
(4) 'Safe house' means a place of temporary refuge, offered on
an 'as needed' basis to victims of domestic violence and their
families.
(5) 'Shelter home' means a place of temporary refuge, offered
on a 24-hour, seven-day per week basis to victims of domestic
violence and their children.
SECTION 238. ORS 222.850 is amended to read:
222.850. As used in ORS 222.840 to 222.915, unless the context
requires otherwise:
(1) 'Affected territory' means an area within the urban growth
boundary of a city and which is otherwise eligible for annexation
to that city and in which there exists an actual or alleged
danger to public health.
{ - (2) 'Assistant director' means the Assistant Director for
Health. - }
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{ - (3) - } { + (2) + } 'City council' means the
legislative body of a city.
{ - (4) - } { + (3) + } 'Commission' means the
Environmental Quality Commission.
{ - (5) - } { + (4) + } 'Danger to public health' means a
condition which is conducive to the propagation of communicable
or contagious disease-producing organisms and which presents a
reasonably clear possibility that the public generally is being
exposed to disease-caused physical suffering or illness,
including a condition such as:
(a) Impure or inadequate domestic water.
(b) Inadequate installations for the disposal or treatment of
sewage, garbage or other contaminated or putrifying waste.
(c) Inadequate improvements for drainage of surface water and
other fluid substances.
{ + (5) 'Department' means the Department of Human
Services. + } { +
(6) 'Director' means the Director of Human Services. + }
{ - (6) - } { + (7) + } 'District' means any one of the
following:
(a) A metropolitan service district formed under ORS chapter
268.
(b) A county service district formed under ORS chapter 451.
(c) A sanitary district formed under ORS 450.005 to 450.245.
(d) A sanitary authority, water authority or joint water and
sanitary authority formed under ORS 450.600 to 450.989.
(e) A domestic water supply district formed under ORS chapter
264.
{ - (7) 'Division' means the Health Division of the
Department of Human Services. - }
SECTION 239. ORS 243.140 is amended to read:
243.140. (1) Persons whose homes are certified as a foster home
by the { - State Office for Services to Children and
Families - } { + Department of Human Services + } under ORS
418.630 and as defined in ORS 418.625 { - (2) - } { + (3) + }
may participate in a health benefit plan available to state
employees pursuant to ORS 243.105 to 243.285 at the expense of
the foster parent. For such purposes, foster parents shall be
considered eligible employees.
(2) A person who maintains a developmental disability child
foster home that is certified by the { - Mental Health and
Developmental Disability Services Division - }
{ + department + } under ORS 443.830 and 443.835 may participate
in a health benefit plan available to state employees pursuant to
ORS 243.105 to 243.285 at the expense of the person. For such
purposes, the person maintaining the home shall be considered an
eligible employee.
(3) Persons who participate in the health benefit plan pursuant
to subsections (1) and (2) of this section may also participate
in a dental plan available to state employees pursuant to ORS
243.105 to 243.285 at the expense of the foster parent or the
person maintaining the developmental disability child foster
home.
SECTION 240. ORS 327.023 is amended to read:
327.023. In addition to those moneys distributed through the
State School Fund, the Department of Education shall provide from
state funds appropriated therefor, grants in aid or support for
special and compensatory education programs including:
(1) Special schools for children who are deaf or blind as
defined in ORS 346.010.
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(2) Medicaid match for administration efforts to secure
Medicaid funds for services provided to children with
disabilities.
(3) Hospital programs for education services to children who
are hospitalized for extended periods of time or who require
hospitalization due to severe disability as described in ORS
343.261.
(4) Private agency programs for education services to children
who are placed by the state in long term care or treatment
facilities as described in ORS 343.961.
(5) Regional services provided to children with low-incidence
disabling conditions as described in ORS 343.236.
(6) Early childhood special education provided to preschool
children with disabilities from age three until age of
eligibility for kindergarten as described in ORS 339.185,
343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to
343.534.
(7) Early intervention services for preschool children from
birth until age three as described in ORS 339.185, 343.035,
343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
(8) Evaluation services for children with disabilities to
determine program eligibility and needs as described in ORS
343.146.
(9) Education services to children residing at state hospitals
{ - and training centers as described in ORS 343.975 - } .
(10) Disadvantaged children program under ORS 343.680.
(11) Early childhood education under ORS 329.215 to 329.235.
(12) Child development specialist under ORS 329.255.
(13) Youth care centers under ORS 420.885.
(14) Staff development and mentoring.
(15) Professional technical education grants.
(16) Special science education programs.
(17) Talented and Gifted children program under ORS 343.391 to
343.413.
SECTION 241. ORS 339.137 is amended to read:
339.137. (1) A student described in ORS 336.580 shall be
considered a resident of the school district in which the student
resides by reason of the placement under ORS 336.580 for purposes
of distribution of the State School Fund.
(2) A student described in subsection (1) of this section must
be admitted to the public schools of the school district where
the student is placed pursuant to ORS 336.580.
(3) Except as provided in ORS 343.261, 343.961 { - ,
343.975 - } and 346.010, the school district shall provide or
cause to be provided appropriate education to any student
described in subsection (1) of this section, including the
identification and evaluation of the student for purposes of
determining eligibility as a child with disabilities to receive
special education and related services enumerated in ORS 343.035
and services related to a disadvantaged child as defined in ORS
343.650. Suspension or expulsion of a student from the regular
school program does not relieve the district of the obligation to
provide instruction in the residential program in which the child
resides or in another appropriate facility.
SECTION 242. ORS 343.035 is amended to read:
343.035. As used in this chapter unless the context requires
otherwise:
(1) 'Children with disabilities' means those school age
children who are entitled to a free appropriate public education
as specified by ORS 339.115 and who require special education
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because they have been evaluated as having one of the following
conditions as defined by rules established by the State Board of
Education: Mental retardation, hearing impairment including
difficulty in hearing and deafness, speech or language
impairment, visual impairment, including blindness,
deaf-blindness, emotional disturbance, orthopedic or other health
impairment, autism, traumatic brain injury or specific learning
disabilities.
(2) 'Decision' means the decision of the hearing officer.
(3) 'Determination' means the determination by the school
district concerning the identification, evaluation or educational
placement of a child with disabilities or the provision of a free
appropriate public education to the child in a program paid for
by the district.
(4) 'Developmental delay' means:
(a) Delay, at a level of functioning and in accordance with
criteria established by rules of the State Board of Education, in
one or more of the following developmental areas: Cognitive
development; physical development, including vision and hearing;
communication development; social or emotional development or
adaptive development; or
(b) A disability, in accordance with criteria established by
rules of the State Board of Education, that can be expected to
continue indefinitely and is likely to cause a substantial delay
in a child's development and ability to function in society.
(5) 'Early childhood special education' means free,
appropriate, specially designed instruction to meet the unique
needs of a preschool child with a disability, three years of age
until the age of eligibility for kindergarten, where instruction
is provided in any of the following settings: Home, hospitals,
institutions, special schools, classrooms, and community child
care or preschool settings, or both.
(6) 'Early intervention services' means services for preschool
children with disabilities from birth until three years of age
that are:
(a) Designed to meet the developmental needs of children with
disabilities and the needs of the family related to enhancing the
child's development;
(b) Selected in collaboration with the parents; and
(c) Provided:
(A) Under public supervision;
(B) By personnel qualified in accordance with criteria
established by rules of the State Board of Education; and
(C) In conformity with an individualized family service plan.
(7) 'Individualized education program' means a written
statement of an educational program for a child with a disability
that is developed, reviewed and revised in a meeting in
accordance with criteria established by rules of the State Board
of Education for each child eligible for special education and
related services under this chapter.
(8) 'Individualized family service plan' means a written plan
of early childhood special education, related services, early
intervention services and other services developed in accordance
with criteria established by rules of the State Board of
Education for each child eligible for services under this
chapter.
(9) 'Instruction' means providing families with information and
skills that support the achievement of the goals and outcomes in
the child's individualized family service plan and working with
preschool children with disabilities in one or more of the
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following developmental areas: Communication development, social
or emotional development, physical development, including vision
and hearing, adaptive development and cognitive development.
(10) 'Mediation' means a voluntary process in which an
impartial mediator assists and facilitates two or more parties to
a controversy in reaching a mutually acceptable resolution of the
controversy and includes all contacts between a mediator and any
party or agent of a party, until such time as a resolution is
agreed to by the parties or the mediation process is terminated.
(11) 'Order' has the meaning given that term in ORS 183.310 to
183.550.
(12) 'Other services' means those services which may be
provided to preschool children with disabilities and to their
families that are not early childhood special education or early
intervention services and are not paid for with early childhood
special education or early intervention funds.
(13) 'Parent' means the parent, person acting as a parent or a
legal guardian, other than a state agency, of the child or the
surrogate parent.
(14) 'Preschool children with disabilities' means all children
from:
(a) Birth until three years of age who are eligible for early
intervention services because they are experiencing developmental
delay or have diagnosed mental or physical conditions that will
result in developmental delay; or
(b) Three years of age to eligibility for entry into
kindergarten who need early childhood special education services
because they are experiencing developmental delay or because they
have been evaluated as having one of the conditions listed for
school age children under subsection (1) of this section.
(15) 'Related services' means transportation and such
developmental, corrective and other supportive services as are
required to assist a child with disabilities to benefit from
special education, and includes speech-language and audiology
services, psychological services, physical and occupational
therapy, recreation including therapeutic recreation, early
identification and assessment of disabilities in children,
counseling services including rehabilitation counseling,
orientation and mobility services and medical services for
diagnostic or evaluation purposes. 'Related services' also
includes school health services, social work services in schools
and parent counseling and training.
(16) 'School district' means a common or union high school
district or an education service district that is charged with
the duty or contracted with by a public agency to educate
children eligible for special education { - and includes the
Department of Education for the purpose of carrying out the
procedures required by ORS 343.165 to 343.175 for education
programs under ORS 343.975 - } .
(17) 'Service coordination' means the activities carried out by
a service coordinator to assist and enable a preschool child with
disabilities and the child's family to receive the rights,
procedural safeguards and services that are authorized under the
state's early intervention and early childhood special education
programs and to coordinate access to other services designated on
the individualized family service plan.
(18)(a) 'Special education' means specially designed
instruction at no cost to the parents, to meet the unique needs
of a child with a disability, including instruction conducted in
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the classroom, in the home, in hospitals and institutions and in
other settings, and instruction in physical education.
(b) 'Special education' also includes speech-language services,
transition services or other related services designated by rule
if it consists of specially designed instruction, at no cost to
the parents, to meet the unique needs of a child with a
disability.
SECTION 243. ORS 343.243 is amended to read:
343.243. (1) The Department of Education shall bill annually an
education service district for each child who is a resident of a
school district in the education service district and is enrolled
in a special education program under ORS 343.261, 343.961 { - ,
343.975 - } and 346.010. Where there is no education service
district, the department shall bill the county school district or
a common school district having county-wide jurisdiction.
(2) The billing shall be equal to (a) the average net operating
expenditure per student of all school districts in the education
service district during the preceding school year multiplied by
(b) the resident average daily membership of students enrolled in
the special education program one-half of the school day or more,
exclusive of preschool children covered by ORS 343.533.
(3) The children covered by this section shall be enumerated in
the average daily membership of the district providing the
instruction but credit for days' attendance of such children
shall not accrue to such school district for the purpose of
distributing state school funds.
(4) The department shall notify each executive officer of the
administrative office for the county, as defined in ORS 328.001,
of its estimated billing not later than March 1 of each year. Not
later than August 15, the department shall submit the actual
billing to the executive officer. The due date for payment of the
billing to the department shall be not later than December 15
following that August 15.
(5) The education service district, county school district or
common school district shall pay the amount of the billing from
the county school fund. In cases where this billing exceeds the
amount in the county school fund, the unpaid balance shall be
recovered by the department from the State School Fund.
(6) The liability of a district shall not exceed the amount
established under this section even if the child is otherwise
subject to ORS 336.575 and 336.580.
(7) The amounts received by the department shall be credited to
the appropriate subaccount in the Special Education Account.
SECTION 244. ORS 409.093 is amended to read:
409.093. It shall be the policy of the Department of Human
Services to incorporate the family support policies under ORS
{ - 344.530, 409.010, 409.210, 410.070, 411.070, - } 417.340
to 417.348 { - , 430.021 and 431.110 - } into staff training
and information given to the general public.
SECTION 245. ORS 409.096 is amended to read:
409.096. (1) The Department of Human Services shall develop a
plan for incorporating family support consultants into a
percentage of cases managed within the department. The
consultants shall work directly with families to develop support
in a manner consistent with the family support policies under ORS
{ - 344.530, 409.010, 409.210, 410.070, 411.070, - } 417.340 to
417.348 { - , 430.021 and 431.110 - } { + and section 6 of
this 2001 Act + }.
(2) The department shall consult with the Family Support
Advisory Council established under ORS 417.346, to develop
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protocol and training consistent with the family support policies
under ORS { - 344.530, 409.010, 409.210, 410.070, 411.070, - }
417.340 to 417.348 { - , 430.021 and 431.110 - } { + and
section 6 of this 2001 Act + }.
SECTION 246. ORS 410.080 is amended to read:
410.080. (1) The Department of Human Services is the designated
single state agency for all federal programs under ORS 327.525,
409.010, 410.040 to 410.320, 411.590 and 441.630.
(2) Except as provided in ORS 410.070 { - (3)(d) - }
{ + (2)(d) + } and 410.100, the administration of services to
clients under ORS 327.525, 409.010, 410.040 to 410.320, 411.590
and 441.630 shall be through area agencies, and shall comply with
all applicable federal regulations.
SECTION 247. ORS 411.095 is amended to read:
411.095. (1) Where the { - Adult and Family Services
Division - } { + Department of Human Services + } conducts a
hearing pursuant to ORS
{ - 416.010 to 416.270, - } 416.310 to 416.340 and 416.510 to
416.830 and 416.990 or the { - Adult and Family Services
Division - } { + department + } proposes to refuse, suspend or
revoke a grant of general assistance or a grant of public
assistance, opportunity for hearing shall be accorded as provided
in ORS 183.310 to 183.550.
(2) When emergency assistance or the continuation of assistance
pending a hearing on the reduction, suspension or termination of
public assistance is denied, and the applicant for or recipient
of public assistance requests a hearing on the denial, an
expedited hearing on the denial shall be held within five working
days after the request. A written decision shall be issued within
three working days after the hearing is held.
(3) Adoption of rules, conduct of hearings and issuance of
orders and judicial review of rules and orders shall be in
accordance with ORS 183.310 to 183.550.
SECTION 248. ORS 411.972 is amended to read:
411.972. The { - Adult and Family Services Division - }
{ + Department of Human Services + } shall provide written
receipts to applicants and recipients for all documents delivered
to a { - branch - } { + local + } office by the applicant or
recipient upon the request of the applicant or recipient.
SECTION 249. ORS 411.975 is amended to read:
411.975. (1) For all recipients who are on the monthly
reporting system, the { - Adult and Family Services
Division - } { + Department of Human Services + } shall have 10
calendar days from the date the { - division - }
{ + department + } receives a complete monthly report to issue
the recipient's assistance check for that month.
(2) If the { - division - } { + department + } fails to
issue a check in a timely manner pursuant to this section, the
recipient may request same day issuance of the check from the
{ - branch - } { + local + } office. The
{ - division - } { + department + } shall pay the recipient a
sum equal to one-tenth of the household's monthly assistance
grant if the
{ - division - } { + department + } fails to issue the check
the same day. The payment shall be treated as a resource and not
counted as income by the { - division - } { + department + }.
(3) As used in this section, 'same day' means that the request
is received by the { - branch - } { + local + } office before
12 noon.
SECTION 250. ORS 417.210 is amended to read:
Enrolled House Bill 2294 (HB 2294-B) Page 168
417.210. (1) Financial responsibility for any child placed
pursuant to the provisions of the Interstate Compact on the
Placement of Children shall be determined in accordance with the
provisions of Article V thereof in the first instance. However,
in the event of partial or complete default of performance
thereunder, the provisions of ORS 110.303 to 110.452 { - and
416.010 to 416.260 - } and any other applicable laws also may be
invoked.
(2) The 'appropriate public authorities' as used in Article III
of the Interstate Compact on the Placement of Children shall,
with reference to this state, mean the { - State Office for
Services to Children and Families - } { + Department of Human
Services + } and the
{ - office - } { + department + } shall receive and act with
reference to notices required by Article III thereof.
(3) As used in paragraph (a) of Article V of the Interstate
Compact on the Placement of Children, the phrase 'appropriate
authority in the receiving state' with reference to this state
shall mean the { - State Office for Services to Children and
Families - } { + Department of Human Services + }.
SECTION 251. ORS 417.340 is amended to read:
417.340. As used in ORS { - 344.530, 409.010, 410.070,
411.070, - } 417.340 to 417.348 { - , 430.021 and 431.110 - }
{ + and section 6 of this 2001 Act + }:
(1) 'Family' means the unit that consists of:
(a) A member with a disability or chronic illness; and
(b) One or more related persons who reside in the same
household.
(2) 'Family member with a disability or chronic illness ' means
a person who has a disability or chronic illness that:
(a) Is likely to continue indefinitely;
(b) Results in substantial functional limitations in one or
more of the following areas of major life activity:
(A) Self-care;
(B) Receptive and expressive language;
(C) Learning;
(D) Mobility;
(E) Self-direction;
(F) Capacity for independent living; or
(G) Economic self-sufficiency; and
(c) Reflects the person's need for special, interdisciplinary
or generic care, treatment or other services that are of lifelong
duration and must be individually planned and coordinated.
SECTION 252. ORS 417.342 is amended to read:
417.342. (1) Family support services are based on the belief
that all people, regardless of disability, chronic illness or
special need, have the right to a permanent and stable familial
relationship in the community. However, nothing in ORS
{ - 344.530, 409.010, 410.070, 411.070, - } 417.340 to 417.348
{ - , 430.021 and 431.110 - } { + or section 6 of this 2001
Act + } is intended to keep a family member with a disability or
chronic illness in the family home or to require any person with
a disability or chronic illness to live in the family home.
(2) Family support services can provide the support necessary
to enable the family to meet the needs of caring for a family
member with a disability or chronic illness at home and, subject
to available funds, shall be based on the following principles:
(a) Family support services may use private and volunteer
resources, publicly funded services and other flexible dollars to
Enrolled House Bill 2294 (HB 2294-B) Page 169
provide a family with the services needed to care for the family
member with a disability or chronic illness.
(b) Family support services must be sensitive to the unique
needs, strengths and multicultural values of an individual and
the family rather than fitting the individual and family into
existing services.
(c) Family support services must be built on a relationship of
respect and trust that recognizes that families are better able
to determine their own needs than have their needs determined by
the state or a public agency.
(d) Family support services shall be provided in a manner that
develops comprehensive, responsive and flexible support to
families in their role as primary caregivers for family members
with disabilities or chronic illnesses.
(e) Family support services shall focus on the entire family
and be responsive to the needs of the individual and the family.
(f) Family support services may be needed throughout the
lifespan of the individual family member living at home who has a
disability or chronic illness.
(g) Family support services shall be available to families
before they are in crisis.
(h) Family support services may be a service option offered to
families, but not imposed on them.
(i) Family support services shall encourage maximum use of
existing social networks and natural sources of support and
should encourage community integration.
(j) Family support services shall not be confined to a single
program or set of services but shall be a philosophy that
permeates all programs and services.
SECTION 253. ORS 426.508 is amended to read:
426.508. (1) Notwithstanding ORS 421.611 to 421.630 or any
actions taken under ORS 421.611 to 421.630, the Department of
Corrections shall transfer the real property known as the F. H.
Dammasch State Hospital and all improvements to the Oregon
Department of Administrative Services to be sold for the benefit
of the { - Mental Health and Developmental Disability Services
Division - } { + Department of Human Services + }.
(2)(a) Notwithstanding ORS 270.100 to 270.190, and except as
provided in subsection (4) of this section, the Oregon Department
of Administrative Services shall sell or otherwise convey the
real property known as the F. H. Dammasch State Hospital in a
manner consistent with the provisions of this section. Conveyance
shall not include transfer to a state agency. The sale price of
the real property shall equal or exceed the fair market value of
the real property. The department shall engage the services of a
licensed real estate broker or real estate organization to
facilitate the sale of the real property.
(b) The Oregon Department of Administrative Services shall
retain from the sale or other conveyance of the real property
those costs incurred by the state in selling or conveying the
real property, including costs incurred by the Department of
Corrections in transferring the real property to the Oregon
Department of Administrative Services. The remaining proceeds
from the sale or other conveyance shall be transferred to the
Community Housing Trust Account created under ORS 426.506 (3).
(3) Redevelopment of the real property formerly occupied by the
F. H. Dammasch State Hospital shall be consistent with the
Dammasch Area Transportation Efficient Land Use Plan developed by
Clackamas County, the City of Wilsonville, the Oregon Department
of Administrative Services, the Department of Land Conservation
Enrolled House Bill 2294 (HB 2294-B) Page 170
and Development, the Department of Transportation, the State
Housing Council, the { - Mental Health and Developmental
Disability Services Division - } { + Department of Human
Services + } and the Division of State Lands.
(4) The Oregon Department of Administrative Services shall
reserve from the sale of the real property under subsection (2)
of this section not more than 10 acres. The real property
reserved from sale shall be transferred to the { - Mental
Health and Developmental Disability Services Division - }
{ + Department of Human Services + } for use by the
{ - division - } { + Department of Human Services + } to
develop community housing for chronically mentally ill persons.
The { + Oregon + } Department { + of Administrative
Services + } and the
{ - division - } { + Department of Human Services + } shall
jointly coordinate with the City of Wilsonville to identify the
real property reserved from sale under this subsection.
SECTION 254. ORS 431.110 is amended to read:
431.110. { - (1) - } Subject to ORS 417.300 and 417.305, the
{ - Health Division - } { + Department of Human Services + }
shall:
{ - (a) - } { + (1) + } Have direct supervision of all
matters relating to the preservation of life and health of the
people of the state.
{ - (b) - } { + (2) + } Keep the vital statistics and other
health related statistics of the state.
{ - (c) - } { + (3) + } Make sanitary surveys and
investigations and inquiries respecting the causes and prevention
of diseases, especially of epidemics.
{ - (d) - } { + (4) + } Investigate, conduct hearings and
issue findings in connection with annexations proposed by cities
as provided in ORS 222.840 to 222.915.
{ - (e) - } { + (5) + } Have full power in the control of
all communicable diseases.
{ - (f) - } { + (6) + } Have authority to send a
representative of the
{ - division - } { + department + } to any part of the state
when deemed necessary.
{ - (g) - } { + (7) + } From time to time, publish and
distribute to the public in such form as the { - division - }
{ + department + } determines, such information as in its
judgment may be useful in carrying on the work or purposes for
which the { - division - } { + department + } was
established.
{ - (h) - } { + (8) + } Carry out the duties imposed on the
{ - division - } { + department + } under ORS chapter 690.
{ - (2) Family support services provided by the Health
Division shall be delivered in accordance with the principles
described in ORS 417.342 and 417.344. - }
SECTION 255. ORS 438.010 is amended to read:
438.010. As used in ORS 438.010 to 438.510 and 438.990, unless
the context requires otherwise:
(1) 'Clinical laboratory' or 'laboratory' means a facility
where the microbiological, serological, chemical, hematological,
immunohematological, immunological, toxicological, cytogenetical,
exfoliative cytological, histological, pathological or other
examinations are performed on materials derived from the human
body, for the purpose of diagnosis, prevention of disease or
treatment of patients by physicians, dentists and other persons
who are authorized by license to diagnose or treat humans.
Enrolled House Bill 2294 (HB 2294-B) Page 171
(2) 'Clinical laboratory specialty' or 'laboratory specialty'
means the examination of materials derived from the human body
for the purpose of diagnosis and treatment of patients or
assessment of health, employing one of the following sciences:
Serology, microbiology, chemistry, hematology, immunohematology,
immunology, toxicology, cytogenetics, exfoliative cytology,
histology or pathology.
(3) 'Clinician' means a nurse practitioner licensed and
certified by the Oregon State Board of Nursing, or a physician
assistant licensed by the Board of Medical Examiners for the
State of Oregon.
(4) 'Custody chain' means the handling of specimens in a way
that supports legal testimony to prove that the sample integrity
and identification of the sample have not been violated, as well
as the documentation describing those procedures from specimen
collection to the final report.
(5) 'Dentist' means a person licensed to practice dentistry by
the Oregon Board of Dentistry.
{ + (6) 'Department' means the Department of Human
Services. + }
{ - (6) - } { + (7) + } 'Director of clinical laboratory'
or 'director ' means the person who plans, organizes, directs and
participates in any or all of the technical operations of a
clinical laboratory, including but not limited to reviewing
laboratory procedures and their results, training and supervising
laboratory personnel, and evaluating the technical competency of
such personnel.
{ - (7) 'Division' means the Health Division of the
Department of Human Services. - }
(8) 'Health screen testing' means tests performed for the
purpose of identifying health risks, providing health information
and referring the person being tested to medical care.
(9) 'High complexity laboratory' means a facility that performs
testing classified as highly complex in the specialties of
microbiology, chemistry, hematology, diagnostic immunology,
immunohematology, clinical cytogenetics, cytology,
histopathology, oral pathology, pathology, radiobioassay and
histocompatibility and that may also perform moderate complexity
tests and waived tests.
(10) 'High complexity test' means a procedure performed on
materials derived from the human body that meet the criteria for
this category of testing in the specialties of microbiology,
chemistry, hematology, immunohematology, diagnostic immunology,
clinical cytogenetics, cytology, histopathology, oral pathology,
pathology, radiobioassay and histocompatibility as established by
the { - division - } { + department + }.
(11) 'Laboratory evaluation system' means a system of testing
clinical laboratory methods, procedures and proficiency by
periodic performance and reporting on test specimens submitted
for examination.
(12) 'Moderate complexity laboratory' means a facility that
performs testing classified as moderately complex in the
specialties of microbiology, hematology, chemistry,
immunohematology or diagnostic immunology and may also perform
any waived test.
(13) 'Moderate complexity test' means a procedure performed on
materials derived from the human body that meet the criteria for
this category of testing in the specialties of microbiology,
hematology, chemistry, immunohematology or diagnostic immunology
as established by the { - division - } { + department + }.
Enrolled House Bill 2294 (HB 2294-B) Page 172
(14) 'Operator of a substances of abuse on-site screening
facility' or 'operator' means the person who plans, organizes,
directs and participates in any or all of the technical and
administrative operations of a substances of abuse on-site
screening facility.
(15) 'Owner of a clinical laboratory' means the person who owns
the clinical laboratory, or a county or municipality operating a
clinical laboratory or the owner of any institution operating a
clinical laboratory.
(16) 'Physician' means a person licensed to practice medicine
by the Board of Medical Examiners for the State of Oregon.
(17) 'Physician performed microscopy procedure' means a test
personally performed by a physician or other clinician during a
patient's visit on a specimen obtained during the examination of
the patient.
(18) 'Physician performed microscopy procedures' means a
limited group of tests that are performed only by a physician or
clinician.
(19) 'Specimen' means materials derived from a human being or
body.
(20) 'Substances of abuse' means ethanol and controlled
substances, except those used as allowed by law and as defined in
ORS chapter 475 or as used in ORS 689.005.
(21) 'Substances of abuse on-site screening facility' or '
on-site facility' means a location where on-site tests are
performed on specimens for the purpose of screening for the
detection of substances of abuse.
(22) 'Substances of abuse on-site screening test' or ' on-site
test' means a substances of abuse test that is easily portable
and can meet the requirements of the federal Food and Drug
Administration for commercial distribution or an alcohol
screening test that meets the requirements of the conforming
products list found in the United States Department of
Transportation National Highway Traffic Safety Administration
Docket No. 94-004 and meets the standards of the United States
Department of Transportation Alcohol Testing Procedure, 49
C.F.R. part 40, in effect on October 23, 1999.
(23) 'Waived test' means a procedure performed on materials
derived from the human body that meet the criteria for this
category of testing as established by the { - division - }
{ + department + }.
SECTION 256. ORS 446.125 is amended to read:
446.125. A person may occupy a manufactured dwelling or a
camping vehicle on private land with the consent of the owner of
the land if:
(1) The lot, tract or parcel of land upon which the
manufactured dwelling or camping vehicle is situated has an area
adequate to provide safe, approved water supply and sewage
disposal facilities and is not in conflict with ORS 446.310
{ - (9) - } { + (10) + }.
(2) The person complies with all applicable standards of
sanitation, water, plumbing and electrical and sewerage
installations prescribed by the laws of this state and the rules
issued thereunder, or by local authorities.
SECTION 257. ORS 448.273 is amended to read:
448.273. The Legislative Assembly finds that an agreement
between this state and the federal government to assume primary
enforcement responsibility in this state for the federal Safe
Drinking Water Act is in the best interest of this state, subject
to the following assumptions:
Enrolled House Bill 2294 (HB 2294-B) Page 173
(1) The federal government provides an annual program grant in
an amount no less than that allocated for the state in the 1984
fiscal year.
(2) The federal government provides technical assistance to
this state, as requested, in emergency situations and during
outbreaks of waterborne diseases.
(3) The federal government must negotiate an annual work plan
for { - the Health Division of - } the Department of Human
Services { - , in cooperation with the division, - } that can
be accomplished within the amount of program grant funding
available.
(4) The { - Health Division - } { + Department of Human
Services + } adopts standards no less stringent than the National
Primary Drinking Water Regulations of the United States
Environmental Protection Agency.
(5) The { - Health Division - } { + Department of Human
Services + } provides engineering assistance through regional
offices in at least four geographically distributed areas in this
state.
(6) In cooperation with representatives of local health
departments, the { - Health Division - } { + Department of
Human Services + } develops an equitable formula for distribution
of available funds to support local health department water
programs.
(7) The primacy agreement may be canceled by the { - Health
Division - } { + Department of Human Services + }, upon 90 days
notice, if at any time the federal requirements exceed the amount
of federal funding and the cancellation is approved by the
legislative review agency as defined in ORS 291.371 (1).
(8) The federal government can impose financial sanctions
against this state if the state fails to meet the objectives of
the annual negotiated work plan without reasonable explanation by
tying the next annual funding to specific state production and by
withholding of funds a possibility if continued unexplained
failures occur but no sanction exists to interfere with other
types of federal funding in this state.
(9) The federal government may seek to enforce the safe
drinking water standards if this state fails to take timely
compliance action against a public water system that violates
such standards.
(10) Enforcement under subsection (9) of this section may be by
injunctive relief or, in the case of willful violation, civil
penalties authorized by 42 U.S.C. 300g-3 (a) and (b).
SECTION 258. ORS 453.605 is amended to read:
453.605. In ORS 453.605 to 453.800, unless the context requires
otherwise:
{ - (1) 'Division' means the Health Division of the
Department of Human Services. - }
{ - (2) 'Assistant director' means the Assistant Director for
Health. - }
{ - (3) - } { + (1) + } 'By-product material' means
radioactive material, other than special nuclear material, that
is yielded or made radioactive by exposure to the radiation
incident to the process of producing or utilizing special nuclear
material.
{ + (2) 'Department' means the Department of Human Services.
(3) 'Director' means the Director of Human Services. + }
(4) 'Electronic product' means any manufactured product or
device or component part of such a product or device that has an
electronic circuit which during operation can generate or emit a
Enrolled House Bill 2294 (HB 2294-B) Page 174
physical field of radiation, such as, but not limited to
microwave ovens, laser systems or diathermy machines.
(5) 'Federal government' means the United States or any agency
or instrumentality of the United States.
(6) 'General license' means a license, effective under rules of
the { - division - } { + department + } without the filing of
an application, to acquire, own, possess, use or transfer a
device or equipment that produces radiation, or a quantity of, or
a device or equipment that utilizes, by-product material, source
material, special nuclear material or other radioactive material
that occurs naturally or is produced artificially.
(7) 'Person' means any of the following other than the United
States Atomic Energy Commission or any successor thereto:
(a) Individual, group, association, firm, partnership,
corporation, trust, estate, agency or public or private
institution;
(b) Political subdivision or agency of this state;
(c) State other than this state or any political subdivision or
agency of a state other than this state; or
(d) The legal successor, representative, agent or agency of a
person listed in paragraphs (a) to (c) of this subsection.
(8) 'Radiation' means:
(a) Ionizing radiation including gamma rays, X-rays, alpha and
beta particles, protons, neutrons and other atomic or nuclear
particles or rays.
(b) Any electromagnetic radiation { - which - }
{ + that + } can be generated during the operations of
electronic products and { - which - } { + that + } the
{ - division - } { + department + } has determined to present
a biological hazard to the occupational or public health and
safety but does not mean electromagnetic radiation
{ - which - } { + that + } can be generated during the
operation of an electronic product { - which - } { + that + }
is licensed by the Federal Communications Commission.
(c) Any sonic, ultrasonic or infrasonic waves { - which - }
{ + that + } are emitted from an electronic product as a result
of the operation of an electronic circuit in such product and
{ - which - } { + that + } the { - division - }
{ + department + } has determined to present a biological hazard
to the occupational or public health and safety.
(9) 'Source material' means:
(a) Uranium, thorium or any other material { - which - }
{ + that + } the
{ - division - } { + department + } declares to be essential
to the production of special nuclear material by an order made
after the United States Atomic Energy Commission or any successor
thereto has determined the material to be source material; or
(b) Ore that contains such a concentration of one or more
materials mentioned in paragraph (a) of this subsection that the
{ - division - } { + department + } declares the ore to be
essential to the production of special nuclear material by an
order made after the United States Atomic Energy Commission or
any successor thereto has determined such ore to be source
material.
(10) 'Special nuclear material' means any of the following that
is not source material:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233
or in the isotope 235, or any other material { - which - }
{ + that + } the
Enrolled House Bill 2294 (HB 2294-B) Page 175
{ - division - } { + department + } declares to be capable of
releasing substantial quantities of atomic energy by an order
made after the United States Atomic Energy Commission or any
successor thereto has determined the material to be special
nuclear material.
(b) Material artificially enriched by any material mentioned in
paragraph (a) of this subsection.
(11) 'Specific license' means a license, issued after
application, to receive, acquire, own, possess, use, manufacture,
produce or transfer a device or equipment that produces
radiation, or a quantity of, or a device or equipment that
utilizes, by-product material, source material or special nuclear
material or other radioactive material that occurs naturally or
is produced artificially.
(12) 'X-ray machine' means a device or equipment that produces
radiation when in operation but does not utilize by-product
material, source material, special nuclear material or other
radioactive material that occurs naturally or is produced
artificially.
(13) 'X-ray machine registration' means an authorization
granted by the { - division - } { + department + } allowing
the operation of an X-ray machine.
SECTION 259. ORS 657.880 is amended to read:
657.880. In order to provide health care coverage for eligible
unemployed individuals, the Employment Department, upon approval
and funding by the Emergency Board, is authorized:
(1) To deduct an amount from unemployment compensation
otherwise payable to an individual and to use the amount so
deducted to pay for health care coverage if the individual
voluntarily elects to have such deduction made, and such
deduction is made under a program which meets applicable federal
requirements and has been approved in accordance with the
provisions of this section { - , - } { + and + } ORS
{ - 411.950 to 411.960 and - } 657.885.
(2) To certify to the { - Adult and Family Services
Division - } { + Department of Human Services + } those
unemployed individuals eligible to receive health care coverage
pursuant to criteria established by or pursuant to federal law in
order to receive federal funds for obtaining such coverage.
(3) To enter into contracts with other appropriate federal or
state agencies.
SECTION 260. ORS 657.885 is amended to read:
657.885. For purposes of this section { - , - } { + and + }
ORS { - 411.950 to 411.960 and - } 657.880, the term 'health
care coverage' means coverage under:
(1) Health insurance policies issued by qualified insurers and
health care service contractors;
(2) Contracts entered into by and between the State of Oregon
and qualified insurers and health care service contractors; and
(3) The medical assistance program administered by the
Department of Human Services.
SECTION 261. { + ORS 343.975, 344.520, 344.525, 344.527,
344.573, 344.575, 344.577, 409.190, 410.130, 411.040, 411.064,
411.090, 411.260, 411.270, 411.280, 411.350, 411.405, 411.415,
411.765, 411.775, 411.785, 411.950, 411.955, 411.960, 412.550,
413.170, 413.180, 416.010, 416.020, 416.030, 416.035, 416.040,
416.050, 416.055, 416.061, 416.070, 416.080, 416.090, 416.100,
416.110, 416.120, 416.130, 416.145, 416.170, 416.180, 416.190,
416.200, 416.210, 416.220, 416.240, 416.250, 416.260, 416.270,
416.280, 418.003, 426.360, 426.405, 426.407, 427.009, 430.041,
Enrolled House Bill 2294 (HB 2294-B) Page 176
430.110, 430.260, 430.642, 430.910, 430.950, 431.065, 432.560,
441.097 and 441.623 are repealed. + }
SECTION 262. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect
July 1, 2001. + }
----------
Passed by House July 1, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 5, 2001
...........................................................
President of Senate
Enrolled House Bill 2294 (HB 2294-B) Page 177
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2294 (HB 2294-B) Page 178