Chapter 209
AN ACT
HB 2633
Relating to vocational rehabilitation services; creating new
provisions; and amending ORS 344.511.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and made
a part of ORS 344.511 to 344.690.
SECTION 2. (1) The Department of Human Services may
refer a person for vocational training only to the following schools or
programs:
(a) A school that has
accreditation recognized by the United States Department of Education.
(b) A school that has
been approved by the
(c) A community college.
(d) A state institution
of higher education within the
(e) The
(f) A career school
licensed under ORS 345.010 to 345.450.
(g) An apprenticeship
program that is registered with the State Apprenticeship and Training Council.
(2) This section does
not apply to vocational rehabilitation training.
SECTION 3. ORS 344.511 is amended to read:
344.511. As used in ORS
344.511 to 344.690 and 344.710 to 344.730:
(1) “Department” means
the Department of Human Services.
(2) “Director” means the
Director of Human Services.
(3) “Disabled individual”
means any person who has a substantial occupational handicap due to a physical
or mental condition except blindness.
(4) “Maintenance” means
money payments, during vocational rehabilitation, to individuals with
occupational handicaps found to require financial assistance with respect
thereto in order to effectuate the vocational rehabilitation of such
individuals.
(5) “Occupational
handicap” means a physical or mental condition other than blindness which, regardless
of its origin, constitutes, contributes to, or, if not corrected, will probably
result in, an obstruction to occupational performance or the condition of being
an untrained individual.
(6) “Occupational
licenses” means any license, permit or other written authority required by any
governmental unit to be obtained in order to engage in any occupation.
(7) “Occupational tools,
equipment and supplies” means such customary implements, appliances, apparatus,
fixtures and materials as are necessary for the successful prosecution of the
employment objective of an individual with an occupational handicap.
(8) “Physical
restoration” means any medical, surgical or therapeutic treatment necessary to
correct or substantially modify an individual’s occupational handicap within a
reasonable length of time. The term includes but is not limited to medical,
psychiatric, dental and surgical treatment, nursing services, hospital and
convalescent home care, medical and surgical drugs and supplies, and prosthetic
appliances, excluding curative treatment for acute or transitory conditions.
(9) “Prosthetic
appliance” means any artificial appliance designed to support or take the place
of a part of the body or to increase the acuity of a sense organ.
(10) “Rehabilitation
training” means all training provided, directly or through public or private
instrumentalities, to an individual to compensate for the occupational handicap
of the individual. The term includes but is not limited to manual,
preconditioning, prevocational, vocational, vocational rehabilitation and
supplementary training and training provided for the purpose of achieving
broader and more remunerative skills and capacities.
(11) “Severely
handicapped individual” means a disabled individual who, because of the nature
of disabilities, is not able to participate fully in competitive employment,
and for whom specialized employment opportunities must be provided.
(12) “Untrained
individual” means any person without mental or physical disability who has a
substantial occupational handicap due to lack of occupational training,
experience, skills or other factors and who is receiving and, in the opinion of
the Department of Human Services, probably will continue to receive public
assistance because of the occupational handicap of the individual.
(13) “Vocational
rehabilitation” and “vocational rehabilitation services” mean any services
necessary to enable an individual with an occupational handicap to engage in a
remunerative occupation and include, but are not limited to, medical and
vocational diagnoses, vocational guidance, counseling and placement,
rehabilitation training, physical restoration, transportation, occupational
licenses, occupational tools, equipment and supplies, maintenance and training
books, supplies and materials.
(14) “Vocational
rehabilitation training” means skill training in which the basis and focus of
the training are individualized or customized. “Vocational rehabilitation
training” may include a focus on disability-related issues as those issues
impact the skill training.
(15) “Vocational
training” means occupational or skill training.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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