Chapter 57
AN ACT
HB 2313
Relating to rights of persons committed to the Department of Human
Services; amending ORS 426.395 and 430.210.
Be It Enacted by the People of
the State of
SECTION 1. ORS 426.395 is amended to read:
426.395. A simple and
clear statement of rights guaranteed to patients committed to the Department of
Human Services shall be prominently posted in each room frequented by patients
in all facilities housing such patients. A copy of the statement shall be given
to each patient upon admission and sent, upon request, to the legal counsel,
guardian, relative or friend of the patient. The statement shall include the
name, address and telephone number of the system described in ORS 192.517 (1).
SECTION 2. ORS 430.210 is amended to read:
430.210. (1) While receiving services, every person shall have the right
to:
(a) Choose from
available services those which are appropriate, consistent with the plan
developed in accordance with paragraphs (b) and (c) of this subsection and
provided in a setting and under conditions that are least restrictive to the
person’s liberty, that are least intrusive to the person and that provide for
the greatest degree of independence.
(b) An individualized
written service plan, services based upon that plan and periodic review and reassessment of service needs.
(c) Ongoing
participation in planning of services in a manner appropriate to the person’s
capabilities, including the right to participate in the development and
periodic revision of the plan described in paragraph (b) of this subsection,
and the right to be provided with a reasonable explanation of all service
considerations.
(d) Not receive services
without informed voluntary written consent except in a medical emergency or as
otherwise permitted by law.
(e) Not participate in
experimentation without informed voluntary written consent.
(f) Receive medication
only for the person’s individual clinical needs.
(g) Not be involuntarily
terminated or transferred from services without prior notice, notification of
available sources of necessary continued services and exercise of a grievance
procedure.
(h) A humane service
environment that affords reasonable protection from harm, [and affords] reasonable privacy and
daily access to fresh air and the outdoors, except that such access may be
limited when it would create significant risk of harm to the person or others.
(i)
Be free from abuse or neglect and to report any incident of abuse without being
subject to retaliation.
(j) Religious freedom.
(k) Not be required to
perform labor, except personal housekeeping duties, without reasonable and
lawful compensation.
(L) Visit with family
members, friends, advocates and legal and medical professionals.
(m) Exercise all rights
set forth in ORS 426.385 and 427.031 if the individual is committed to the
Department of Human Services.
(n) Be informed at the
start of services and periodically thereafter of the rights guaranteed by this
section and the procedures for reporting abuse, and to have these rights and
procedures, including the name, address and telephone number of the system
described in ORS 192.517 (1), prominently posted in a location readily
accessible to the person and made available to the person’s guardian and any
representative designated by the person.
(o) Assert grievances
with respect to infringement of the rights described in this section, including
the right to have such grievances considered in a fair, timely and impartial
grievance procedure.
(p) Have access to and communicate
privately with any public or private rights protection program or rights
advocate.
(q) Exercise all rights
described in this section without any form of reprisal or punishment.
(2) An individual who is
receiving developmental disability services under ORS 430.630 has the right to
be informed and have the individual’s guardian and any representative
designated by the individual be informed that a family member has contacted the
department to determine the location of the individual, and to be informed of
the name and contact information, if known, of the family member.
(3) The rights described
in this section are in addition to, and do not limit, all other statutory and
constitutional rights which are afforded all citizens including, but not limited
to, the right to vote, marry, have or not have children, own and dispose of
property, enter into contracts and execute documents.
(4) The rights described
in this section may be asserted and exercised by the person, the person’s
guardian and any representative designated by the person.
(5) Nothing in this
section may be construed to alter any legal rights and responsibilities between
parent and child.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
__________