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 245
 
                           B-Engrossed
 
                         Senate Bill 18
                   Ordered by the House May 29
 Including Senate Amendments dated March 14 and House Amendments
                          dated May 29
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Committee on
  Judiciary for Oregon Advocacy Center)
 
 
                             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.
 
  Directs Department of Human Services to ensure that designee
conducting investigation of alleged abuse of mentally ill or
developmentally disabled adult receives training and consultation
necessary to conduct thorough and unbiased investigation.
 
                        A BILL FOR AN ACT
Relating to investigations of abuse of disabled persons; creating
  new provisions; and amending ORS 430.735, 430.737 and 430.755.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 430.737 is amended to read:
  430.737. The Legislative Assembly finds that for the purpose of
preventing abuse and safeguarding and enhancing the welfare of
adults who are mentally ill or developmentally disabled, it is
necessary and in the public interest to require mandatory reports
and  { + thorough and unbiased + } investigations of allegedly
abused mentally ill and developmentally disabled adults.
  SECTION 2.  { + Section 3 of this 2003 Act is added to and made
a part of ORS 430.735 to 430.765. + }
  SECTION 3.  { + Any designee of the Department of Human
Services who makes a determination or conducts an investigation
under ORS 430.743 or 430.745 shall receive training and
consultation that is necessary to allow the designee to make the
determination or conduct a thorough and unbiased investigation.
The training required under this section shall address the
cultural and social diversity of the people of this state. + }
  SECTION 4. ORS 430.735 is amended to read:
  430.735. As used in ORS 430.735 to 430.765:
  (1) 'Abuse' means one or more of the following:
  (a) Any death caused by other than accidental or natural means.
  (b) Any physical injury caused by other than accidental means,
or that appears to be at variance with the explanation given of
the injury.
  (c) Willful infliction of physical pain or injury.
  (d) Sexual harassment or exploitation, including but not
limited to any sexual contact between an employee of a facility
or community program and an adult.
   { +  (e) Neglect that leads to physical harm through
withholding of services necessary to maintain health and
well-being. For purposes of this paragraph, 'neglect' does not
include a failure of the state or a community program to provide
services due to a lack of funding available to provide the
services. + }
  (2) 'Adult' means a person who is mentally ill or
developmentally disabled, who is 18 years of age or older and
receives services from a community program or facility.
  (3) 'Adult protective services' means the necessary actions
taken to prevent abuse or exploitation of an adult, to prevent
self-destructive acts and to safeguard an adult's person,
property and funds. Any actions taken to protect an adult shall
be undertaken in a manner that is least intrusive to the adult
and provides for the greatest degree of independence.
  (4) 'Care provider' means an individual or facility that has
assumed responsibility for all or a portion of the care of an
adult as a result of a contract or agreement.
  (5) 'Community program' means a community mental health and
developmental disabilities program as established in ORS 430.610
to 430.695.
  (6) 'Department' means the Department of Human Services.
  (7) 'Facility' means a residential treatment home or facility,
residential care facility, adult foster care home, residential
training home or facility or crisis respite facility.
  (8) 'Law enforcement agency' means:
  (a) Any city or municipal police department;
  (b) Any county sheriff's office;
  (c) The Oregon State Police; or
  (d) Any district attorney.
  (9) 'Public or private official' means:
  (a) Physician, naturopathic physician, osteopathic physician,
psychologist, chiropractor or podiatric physician and surgeon,
including any intern or resident;
  (b) Licensed practical nurse, registered nurse, nurse's aide,
home health aide or employee of an in-home health service;
  (c) Employee of the Department of Human Services, county health
department, community mental health and developmental
disabilities program or private agency contracting with a public
body to provide any community mental health service;
  (d) Peace officer;
  (e) Member of the clergy;
  (f) Licensed clinical social worker;
  (g) Physical, speech or occupational therapist;
  (h) Information and referral, outreach or crisis worker;
  (i) Attorney;
  (j) Licensed professional counselor or licensed marriage and
family therapist; or
  (k) Any public official who comes in contact with adults in the
performance of the official's duties.
  SECTION 5. ORS 430.755 is amended to read:
  430.755. (1) A facility, community program or person shall not
retaliate against any person who reports in good faith suspected
abuse or against the allegedly abused adult with respect to any
report.
  (2) Any facility, community program or person that retaliates
against any person because of a report of suspected abuse
 { - or neglect - }  shall be liable in a private action to that
person for actual damages and, in addition, a penalty up to
$1,000, notwithstanding any other remedy provided by law.
  (3)(a) Any adverse action is evidence of retaliation if taken
within 90 days of a report.
 
  (b) For purposes of this subsection, 'adverse action' means any
action taken by a facility, community program or person involved
in a report against the person making the report or against the
adult with respect to whom the report was made because of the
report, and includes but is not limited to:
  (A) Discharge or transfer from the facility, except for
clinical reasons;
  (B) Discharge from or termination of employment;
  (C) Demotion or reduction in remuneration for services; or
  (D) Restriction or prohibition of access to the facility or its
residents.
  SECTION 6.  { + Section 3 of this 2003 Act and the amendments
to ORS 430.735, 430.737 and 430.755 by sections 1, 4 and 5 of
this 2003 Act apply to determinations made and investigations
commenced on or after the effective date of this 2003 Act. + }
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