71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1461-1
 
                         House Bill 2589
 
Sponsored by Representative WILLIAMS (at the request of Sid and
  Ann Stuller and Oregon Voice of the Retarded)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits Mental Health and Developmental Disability Services
Division from adopting rules that conflict with authority of
guardian or conservator as long as guardian or conservator does
not cause licensed or certified service provider to be out of
compliance with applicable licensing or certification laws.
 
                        A BILL FOR AN ACT
Relating to administrative rules adopted by Mental Health and
  Developmental Disability Services Division; amending ORS
  430.041.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 430.041 is amended to read:
  430.041.  { + (1) + } In order to carry out the programs and
responsibilities of the Mental Health and Developmental
Disability Services Division, the division shall:
    { - (1) - }   { + (a) + } Make rules and regulations
 { - not inconsistent - }  { + consistent + } with the law, for
the administration of the division.
    { - (2) - }   { + (b) + } Employ the assistants, technical or
otherwise, necessary to carry out the purposes of the division.
   { +  (2) Administrative rules adopted by the division may not
conflict with the authority of a guardian or conservator
appointed under ORS chapter 125. However, a guardian or
conservator may not cause a licensed or certified service
provider to be out of compliance with licensing or certification
laws and rules that apply to the type of service provided.
  (3) As used in this section, 'licensed or certified service
provider' means a provider that is licensed or certified by the
division. + }
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