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 610
 
                           A-Engrossed
 
                         Senate Bill 263
                  Ordered by the Senate April 5
            Including Senate Amendments dated April 5
 
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
  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.
 
    { - Requires report to protection and advocacy system if
mentally ill or developmentally disabled person within facility
or program licensed or certified by Department of Human Services
dies or suffers injury during restraint or seclusion. - }
   { +  Requires Department of Human Services to provide
specified protection and advocacy system with information
collected by department regarding deaths or injuries sustained
during restraint of persons in certain facilities or programs.
Requires department to adopt rules establishing requirements for
facilities or programs to report information. + }
 
                        A BILL FOR AN ACT
Relating to required reports to Oregon Advocacy Center by
  entities regulated by Department of Human Services; creating
  new provisions; and amending ORS 430.205.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 430.205 is amended to read:
  430.205. As used in this section and ORS 430.210 { +  and
section 3 of this 2007 Act + }:
  (1) 'Facility' means any of the following which are licensed or
certified by the Department of Human Services or which contract
with that department or a program for the provision of services:
  (a) A health care facility as defined in ORS 442.015;
  (b) A domiciliary care facility as defined in ORS 443.205;
  (c) A residential facility as defined in ORS 443.400; or
  (d) An adult foster home as defined in ORS 443.705.
  (2) 'Person' means an individual who has a mental illness or
developmental disability and receives services from a program or
facility.
  (3) 'Program' means a community mental health and developmental
disabilities program as described in ORS 430.610 to 430.695 and
agencies with which it contracts to provide services.
  (4) 'Services' means mental health and developmental
disabilities services provided under ORS 430.630.
  SECTION 2.  { + Section 3 of this 2007 Act is added to and made
a part of ORS chapter 430. + }  { +  + }
  SECTION 3.  { + (1) The Department of Human Services, on a
quarterly basis, shall provide to the system described in ORS
192.517 (1) all information the department collects regarding
deaths of persons or injuries sustained during restraint of
persons in facilities or programs, and other data prescribed by
rule.
  (2) The department shall adopt rules establishing the
requirements for facilities or programs to report the information
collected under subsection (1) of this section. + }
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