74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 42
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 Senate Interim Committee on
Public Health)
CHAPTER ................
AN ACT
Relating to adult foster homes; amending ORS 430.735, 441.100,
443.205, 443.725 and 811.607; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 443.725 is amended to read:
443.725. (1) Every provider of adult foster care
{ - shall - } { + must + } be licensed with the Department of
Human Services before opening or operating an adult foster home
caring for adult residents.
(2) { + Except as provided in subsection (4) of this section,
+ }a provider must live in the home that is to be licensed or
hire a resident manager to live in the home.
(3) { + Except as provided in subsection (4) of this
section, + } there must be a provider { - , resident manager - }
or substitute caregiver on duty 24 hours per day in an adult
foster home under the jurisdiction of the department { - of
Human Services - } .
{ + (4) The department shall adopt rules establishing
standards for granting exceptions to the requirements of
subsections (2) and (3) of this section. The standards must be
designed to safeguard residents' health and safety and residents'
uninterrupted receipt of services. + }
SECTION 2. 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.
Enrolled Senate Bill 42 (SB 42-INTRO) Page 1
(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 3. ORS 441.100 is amended to read:
441.100. (1) 'Administrative action' means any action or
decision made by an owner, employee or agent of a long term care
facility or by a public agency that affects the services to
residents.
(2) 'Committee' means the Long Term Care Advisory Committee.
(3) 'Designee' means an individual appointed by the Long Term
Care Ombudsman to serve as a representative in order to carry out
the purpose of ORS 441.100 to 441.153.
(4) 'Long term care facility' means any licensed skilled
nursing facility intermediate care facility, as defined in rules
adopted under ORS 442.015, adult foster { - care - } homes
with residents over 60 years of age and residential care facility
as defined in ORS 443.400.
SECTION 4. ORS 443.205 is amended to read:
Enrolled Senate Bill 42 (SB 42-INTRO) Page 2
443.205. As used in ORS 443.215 and 443.225, 'domiciliary care
facilities' means facilities providing residential care to
adults, including adult foster { - care - } homes, group care
facilities or residential treatment, training or care facilities,
established, contracted for or operated by the Department of
Human Services.
SECTION 5. ORS 811.607 is amended to read:
811.607. The Department of Transportation shall issue disabled
person parking permits in the form of program placards for use on
vehicles that are regularly used as part of a program for the
transportation of disabled persons or by an adult foster
{ - care - } home. All the following apply to placards issued
under this section:
(1) The department shall determine the form, size and content
of the placards except that the department shall require that a
placard contain the name of the program holding the placard and
the department shall require that the expiration date of a
placard be visible when the placard is displayed in the vehicle.
(2) Placards issued under this section shall be valid for a
period of eight years from the date of issue. Upon expiration,
placards may be renewed in a manner determined by the department
by rule. The department shall authorize renewal by mail of
placards issued under this section.
(3) The department shall determine by rule how programs for the
transportation of disabled persons may qualify vehicles for
placards issued under this section.
SECTION 6. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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Passed by Senate February 7, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 27, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 42 (SB 42-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 42 (SB 42-INTRO) Page 4