74th OREGON LEGISLATIVE ASSEMBLY--2007 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 608
 
                         House Bill 2313
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House 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 as
introduced.
 
  Requires Department of Human Services to provide to committed
persons information about protection and advocacy system.
Requires facilities housing persons committed to department to
afford residents daily access to fresh air and outdoors.
 
                        A BILL FOR AN ACT
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 Oregon:
  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 + }.
  (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.
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