Chapter 492
AN ACT
SB 264
Relating to reporting abuse of persons with developmental disabilities;
amending ORS 430.735.
Be It Enacted by the People of
the State of
SECTION 1.
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.]
(2) “Adult” means a
person 18 years of age or older with:
(a) A developmental
disability who is currently receiving services from a community program or
facility or was previously determined eligible for services as an adult by a
community program or facility; or
(b) A mental illness who
is receiving 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, including petitioning for a protective order as defined
in ORS 125.005. 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
(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 2. If
Senate Bill 83 becomes law, section 1 of this 2007 Act (amending ORS 430.735)
is repealed and ORS 430.735, as amended by section 236, chapter 70, Oregon Laws
2007 (Enrolled Senate Bill 83), 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 with a mental illness or developmental
disability, who is 18 years of age or older and receives services from a community
program or facility.]
(2) “Adult” means a
person 18 years of age or older with:
(a) A developmental
disability who is currently receiving services from a community program or
facility or was previously determined eligible for services as an adult by a
community program or facility; or
(b) A mental illness who
is receiving 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, including petitioning for a protective order as defined
in ORS 125.005. 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
(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.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
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