72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3343
 
                         House Bill 3019
 
Sponsored by Representative MARCH (at the request of AFSCME
  Council 75)
 
 
                             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.
 
  Requires Director of Human Services to adopt rules establishing
competency-based training requirements for staff of residential
facilities.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to residential facilities; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS 443.400 to 443.455. + }
  SECTION 2. { +  (1) Rules adopted by the Director of Human
Services under ORS 443.450 governing the training of the staff of
residential facilities shall:
  (a) Require each staff person to hold a high school diploma or
its equivalent and present satisfactory evidence of satisfaction
of this requirement to the person holding a license for the
residential facility prior to beginning employment;
  (b) Require each staff person to complete two 35-hour
competency-based training courses approved by the director not
later than six months after the date the person was hired;
  (c) Require each staff person to demonstrate satisfactory
completion of the competency-based training by passing a
competency test applicable to each training segment and
administered by the director not later than six months after the
date the person was hired;
  (d) Establish continuing education requirements for staff
persons beyond the initial 70 hours of required training;
  (e) Require the director to certify staff person compliance
with the training requirements described in this section; and
  (f) Establish provisions for enforcement of the training
requirements described in this section.
  (2) Except as provided in subsection (3) of this section, a
person who does not comply with the rules described in this
section may not be employed in a residential facility as a staff
person.
  (3) The rules described in subsection (1) of this section may
contain provisions allowing the director to waive the training
and competency testing requirements described in this section for
individual staff persons. A waiver may not be granted if the
waiver would adversely affect any resident. + }
  SECTION 3.  { + (1) The rules described in section 2 of this
2003 Act shall be adopted by the Director of Human Services not
later than six months after the effective date of this 2003 Act.
  (2) The rules described in section 2 of this 2003 Act shall
require persons employed as staff in residential facilities as
defined in ORS 443.400 on the effective date of this 2003 Act,
and persons employed as staff after the effective date of this
2003 Act and before the effective date of the rules described in
section 2 of this 2003 Act, to satisfy the training and
competency testing requirements described in section 2 of this
2003 Act not later than six months after the effective date of
the rules described in section 2 of this 2003 Act. + }
  SECTION 4.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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