74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to RC to A-Eng. SB 264
LC 611/SB 264-A3
HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
A-ENGROSSED SENATE BILL 264
By COMMITTEE ON HUMAN SERVICES AND WOMEN'S WELLNESS
May 14
On page 2 of the printed A-engrossed bill, after line 32,
insert:
' { + 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section 1 of this 2007 Act (amending ORS 430.735) is repealed and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 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.'.
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