71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 917
 
LC 3305/SB 917-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 917
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                             May 11
 
  On page 1 of the printed bill, line 25, delete '2' and insert
'3'.
  On page 3, after line 27, insert:
  '  { +  SECTION 4. + } ORS 443.738, as amended by section 1 of
this 2001 Act, is amended to read:
  ' 443.738. (1) Except as provided in subsection (3) of this
section, all providers, resident managers and substitute
caregivers for adult foster homes shall satisfactorily meet all
educational requirements established by the department. After
consultation with representatives of providers, educators,
residents' advocates and the Long Term Care Ombudsman, the
department shall adopt by rule standards governing the
educational requirements. The rules shall require that a
provider, resident manager or substitute caregiver may not
provide care to any resident prior to acquiring education or
supervised training designed to impart the basic knowledge and
skills necessary to maintain the health, safety and welfare of
the resident. Each provider shall document compliance with the
educational requirements for persons subject thereto.
  ' (2) The rules required under subsection (1) of this section
shall include but need not be limited to the following:
  ' (a) A requirement that, before being licensed, a provider
successfully completes training that satisfies a defined
curriculum, including demonstrations and practice in physical
caregiving, screening for care and service needs, appropriate
behavior towards residents with physical, cognitive and mental
disabilities and issues related to architectural accessibility;
 { +  and + }
  ' (b) A requirement that a provider pass a test before being
licensed or becoming a resident manager. The test shall evaluate
the ability to understand and respond appropriately to emergency
situations, changes in medical conditions, physicians' orders and
professional instructions, nutritional needs, residents'
preferences and conflicts  { - ; and - }
  '  { - (c) A requirement that, after being licensed, a provider
or resident manager successfully completes continuing education
as described in section 3 of this 2001 Act - } .
  ' (3) After consultation with representatives of providers,
educators, residents' advocates and the Long Term Care Ombudsman,
the department may adopt by rule exceptions to the training and
  { - continuing - }  education requirements of subsections (1)
and (2) of this section for persons who are appropriately
licensed medical care professionals in Oregon or who possess
sufficient education, training or experience to warrant an
exception. The department may not make any exceptions to the
testing requirements.
  ' (4) The department may permit a person who has not completed
the training or passed the test required in subsection (2)
 { - (a) and (b) - }  of this section to act as a resident
manager until the training and testing are completed or for 60
days, whichever is shorter, if the department determines that an
unexpected and urgent staffing need exists. The licensed provider
must notify the department of the situation and demonstrate that
the provider is unable to find a qualified resident manager, that
the person has met the requirements for a substitute caregiver
for the adult foster home and that the provider will provide
adequate supervision.
  ' (5) Providers shall serve three nutritionally balanced meals
to residents each day. A menu for the meals for the coming week
shall be prepared and posted weekly.
  ' (6) Providers shall make available at least six hours of
activities each week which are of interest to the residents, not
including television or movies. The department shall make
information about resources for activities available to providers
upon request. Providers or substitute caregivers shall be
directly involved with residents on a daily basis.
  ' (7) Providers shall give at least 30 days' written notice to
the residents, and to the legal representative, guardian or
conservator of any resident, before selling, leasing or
transferring the adult foster home business or the real property
on which the adult foster home is located. Providers shall inform
real estate agents, prospective buyers, lessees and transferees
in all written communications that the license to operate an
adult foster home is not transferable and shall refer them to the
department for information about licensing.
  ' (8) If a resident dies, or leaves an adult foster home for
medical reasons and indicates in writing the intent to not
return, the provider may not charge the resident for more than 15
days or the time specified in the provider contract, whichever is
less, after the resident has left the adult foster home. The
provider has an affirmative duty to take reasonable actions to
mitigate the damages by accepting a new resident. However, if a
resident dies or leaves an adult foster home due to neglect or
abuse by the provider or due to conditions of imminent danger to
life, health or safety, the provider may not charge the resident
beyond the resident's last day in the home. The provider shall
refund any advance payments within 30 days after the resident
dies or leaves the adult foster home.
  ' (9) Chemical and physical restraints may be used only after
considering all other alternatives and only when required to
treat a resident's medical symptoms or to maximize a resident's
physical functioning. Restraints may not be used for discipline
of a resident or for the convenience of the adult foster home.
Restraints may be used only as follows:
  ' (a) Psychoactive medications may be used only pursuant to a
prescription that specifies the circumstances, dosage and
duration of use.
  ' (b) Physical restraints may be used only pursuant to a
qualified practitioner's order that specifies the type,
circumstances and duration of use in accordance with rules
adopted by the department. The rules adopted by the department
relating to physical restraints shall include standards for use
and training.
  ' (10) If the physical characteristics of the adult foster home
do not encourage contact between caregivers and residents and
among residents, the provider shall demonstrate how regular
positive contact will occur. Providers may not place residents
who are unable to walk without assistance in a basement,
split-level, second story or other area that does not have an
exit at ground level. Nonambulatory residents shall be given
first floor rooms.
  ' (11) The provider may not transfer or discharge a resident
from an adult foster home unless the transfer or discharge is
necessary for medical reasons, for the welfare of the resident or
for the welfare of other residents, or due to nonpayment. In such
 
cases, the provider shall give the resident written notice as
soon as possible under the circumstances.
  ' (a) The provider shall give the resident and the resident's
legal representative, guardian or conservator written notice at
least 30 days prior to the proposed transfer or discharge, except
in a medical emergency including but not limited to a resident's
experiencing an increase in level of care needs or engaging in
behavior that poses an imminent danger to self or others. In such
cases, the provider shall give the resident written notice as
soon as possible under the circumstances.
  ' (b) The resident shall have the right to an administrative
hearing prior to an involuntary transfer or discharge. If the
resident is being transferred or discharged for a medical
emergency, or to protect the welfare of the resident or other
residents, as defined by rule, the hearing must be held within
seven days of the transfer or discharge. The provider shall hold
a space available for the resident pending receipt of an
administrative order. ORS 441.605 (4) and the rules thereunder
governing transfer notices and hearings for residents of long
term care facilities shall apply to adult foster homes.
  ' (12) The provider may not include any illegal or
unenforceable provision in a contract with a resident and may not
ask or require a resident to waive any of the resident's rights.
  ' (13) Any lessor of a building in which an adult foster home
is located may not interfere with the admission, discharge or
transfer of any resident in the adult foster home unless the
lessor is a provider or coprovider on the license.
  '  { +  SECTION 5. + }  { + The amendments to ORS 443.738 by
section 4 of this 2001 Act become operative on January 2,
2004. + }
  '  { +  SECTION 6. + }  { + Section 3 of this 2001 Act is
repealed on January 2, 2004. + } ' .
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