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
 
                         Senate Bill 263
 
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 as
introduced.
 
  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.
 
                        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) A program or facility that becomes aware
that a person who receives services from the program or facility
has died shall report within two business days to the system
described in ORS 192.517 (1) the following information, if known:
  (a) The name and age of the person;
  (b) The names and addresses of individuals, programs or
facilities responsible for the person's care, including
guardians, conservators and health care representatives appointed
under the provisions of ORS 127.505 to 127.660 or ORS 127.700 to
127.737; and
  (c) The date, time, place and cause of death of the person.
  (2) A facility shall report within two business days to the
system described in ORS 192.517 (1) any injury requiring medical
care that occurs during an episode of restraint or seclusion. + }
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