Bill Text: OR HB2109 | 2011 | Regular Session | Introduced
Bill Title: Relating to employees of residential facilities; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2109 Detail]
Download: Oregon-2011-HB2109-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 676
House Bill 2109
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber
for Oregon Health Authority)
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.
Modifies certain provisions related to employees of residential
facilities serving individuals with alcohol or drug dependence to
exclude them from criminal records check requirement, exempt them
from elder abuse reporting requirements and reinstate exemption
from disqualification due to conviction of specified crimes.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to employees of residential facilities; creating new
provisions; amending ORS 124.050 and 443.004; repealing section
15, chapter 93, Oregon Laws 2010; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 124.050 is amended to read:
124.050. As used in ORS 124.050 to 124.095:
(1) 'Abuse' means one or more of the following:
(a) Any physical injury to an elderly person caused by other
than accidental means, or which appears to be at variance with
the explanation given of the injury.
(b) Neglect.
(c) Abandonment, including desertion or willful forsaking of an
elderly person or the withdrawal or neglect of duties and
obligations owed an elderly person by a caretaker or other
person.
(d) Willful infliction of physical pain or injury upon an
elderly person.
(e) An act that constitutes a crime under ORS 163.375, 163.405,
163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
(f) Verbal abuse.
(g) Financial exploitation.
(h) Sexual abuse.
(i) Involuntary seclusion of an elderly person for the
convenience of a caregiver or to discipline the person.
(j) A wrongful use of a physical or chemical restraint of an
elderly person, excluding an act of restraint prescribed by a
licensed physician and any treatment activities that are
consistent with an approved treatment plan or in connection with
a court order.
(2) 'Elderly person' means any person 65 years of age or older
who is not subject to the provisions of ORS 441.640 to 441.665.
(3) 'Facility' means:
(a) A long term care facility as that term is defined in ORS
442.015.
(b) A residential facility as that term is defined in ORS
443.400, including but not limited to an assisted living
facility.
(c) An adult foster home as that term is defined in ORS
443.705.
(4) 'Financial exploitation' means:
(a) Wrongfully taking the assets, funds or property belonging
to or intended for the use of an elderly person or a person with
a disability.
(b) Alarming an elderly person or a person with a disability by
conveying a threat to wrongfully take or appropriate money or
property of the person if the person would reasonably believe
that the threat conveyed would be carried out.
(c) Misappropriating, misusing or transferring without
authorization any money from any account held jointly or singly
by an elderly person or a person with a disability.
(d) Failing to use the income or assets of an elderly person or
a person with a disability effectively for the support and
maintenance of the person.
(5) 'Intimidation' means compelling or deterring conduct by
threat.
(6) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) Any district attorney.
(7) 'Neglect' means:
(a) Failure to provide the care, supervision or services
necessary to maintain the physical and mental health of an
elderly person that may result in physical harm or significant
emotional harm to the elderly person; or
(b) The failure of a caregiver to make a reasonable effort to
protect an elderly person from abuse.
(8) 'Person with a disability' means a person described in:
(a) ORS 410.040 (7)(b) { + (A) or (C) + }; or
(b) ORS 410.715.
(9) 'Public or private official' means:
(a) Physician, naturopathic physician, osteopathic physician,
chiropractor, physician assistant or podiatric physician and
surgeon, including any intern or resident.
(b) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
(c) Employee of the Department of Human Services or community
developmental disabilities program.
(d) Employee of the Oregon Health Authority, county health
department or community mental health program.
(e) Peace officer.
(f) Member of the clergy.
(g) Regulated social worker.
(h) Physical, speech or occupational therapist.
(i) Senior center employee.
(j) Information and referral or outreach worker.
(k) Licensed professional counselor or licensed marriage and
family therapist.
(L) Any public official who comes in contact with elderly
persons in the performance of the official's official duties.
(m) Firefighter or emergency medical technician.
(n) Psychologist.
(o) Provider of adult foster care or an employee of the
provider.
(p) Audiologist.
(q) Speech-language pathologist.
(10) 'Services' includes but is not limited to the provision of
food, clothing, medicine, housing, medical services, assistance
with bathing or personal hygiene or any other service essential
to the well-being of an elderly person.
(11)(a) 'Sexual abuse' means:
(A) Sexual contact with an elderly person who does not consent
or is considered incapable of consenting to a sexual act under
ORS 163.315;
(B) Sexual harassment, sexual exploitation or inappropriate
exposure to sexually explicit material or language;
(C) Any sexual contact between an employee of a facility or
paid caregiver and an elderly person served by the facility or
caregiver;
(D) Any sexual contact between an elderly person and a relative
of the elderly person other than a spouse; or
(E) Any sexual contact that is achieved through force,
trickery, threat or coercion.
(b) 'Sexual abuse' does not mean consensual sexual contact
between an elderly person and a paid caregiver who is the spouse
of the elderly person.
(12) 'Sexual contact' has the meaning given that term in ORS
163.305.
(13) 'Verbal abuse' means to threaten significant physical or
emotional harm to an elderly person or a person with a disability
through the use of:
(a) Derogatory or inappropriate names, insults, verbal
assaults, profanity or ridicule; or
(b) Harassment, coercion, threats, intimidation, humiliation,
mental cruelty or inappropriate sexual comments.
SECTION 2. ORS 443.004, as amended by section 13, chapter 93,
Oregon Laws 2010, is amended to read:
443.004. { + (1) As used in this section:
(a) 'Adult foster home' has the meaning given that term in ORS
443.705.
(b) 'Home care worker' has the meaning given that term in ORS
410.600.
(c) 'Home health agency' has the meaning given that term in ORS
443.005.
(d) 'In-home care agency' has the meaning given that term in
ORS 443.305.
(e) 'Peer support specialist' means a person who:
(A) Is providing peer support services as defined by the Oregon
Health Authority by rule;
(B) Is under the supervision of a qualified clinical
supervisor;
(C) Has completed training required by the authority; and
(D) Is currently receiving or has formerly received mental
health services, or is in recovery from a substance use disorder
and meets the abstinence requirements for staff providing
services in alcohol or other drug treatment programs.
(f) 'Residential facility' has the meaning given that term in
ORS 443.400.
(g) 'Residential treatment facility' has the meaning given that
term in ORS 443.400.
(h) 'Residential treatment home' has the meaning given that
term in ORS 443.400. + }
{ - (1) - } { + (2) + } The Department of Human Services or
the Oregon Health Authority shall complete a criminal records
check under ORS 181.534 on:
(a) An employee of a residential facility, adult foster home,
in-home care agency or home health agency;
(b) Any individual who is paid directly or indirectly with
public funds who has or will have contact with a recipient of
home health, in-home care or support services or a resident of an
adult foster home or a residential facility; and
(c) A home care worker registering with the Home Care
Commission or renewing a registration with the Home Care
Commission.
{ + (3) Subsection (2) of this section does not apply to an
employee of a residential treatment facility or a residential
treatment home that is licensed under ORS 443.415 to provide for
individuals with alcohol or drug dependence. + }
{ - (2) - } { + (4) + } Public funds may not be used to
support, in whole or in part, the employment in any capacity
having contact with a recipient of home health, in-home care or
support services or a resident of a residential facility or an
adult foster home, of an individual who has been convicted:
(a) Of a crime described in ORS 163.095, 163.115, 163.118,
163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187,
163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266,
163.275, 163.465, 163.467, 163.535, 163.537, 163.689, 163.700,
164.055, 164.057, 164.098, 164.125 (5)(c) or (d), 164.215,
164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415, 165.022,
165.032, 165.800, 165.803, 167.012, 167.017, 167.054 or 167.057;
(b) Of a crime listed in ORS 181.594;
(c) In the last 10 years, of a crime involving the delivery or
manufacture of a controlled substance;
(d) Of an attempt, conspiracy or solicitation to commit a crime
described in paragraphs (a) to (c) of this subsection; or
(e) Of a crime in another jurisdiction that is substantially
equivalent, as defined by rule, to a crime described in
paragraphs (a) to (d) of this subsection.
{ - (3) - } { + (5) + } Subsection { - (2) - } { +
(4) + } of this section does not apply to { + :
(a) + } A peer support specialist { - . - } { + ; or
(b) An employee of a residential treatment facility or a
residential treatment home that is licensed under ORS 443.415 to
provide for individuals with alcohol or drug dependence. + }
{ - (4) - } { + (6) + } If the department or authority has
a record of substantiated abuse committed by an employee or
potential employee of a home health agency, in-home care agency,
adult foster home or residential facility, regardless of whether
criminal charges were filed, the department or authority shall
notify, in writing, the employer and the employee or potential
employee.
{ - (5) As used in this section: - }
{ - (a) 'Adult foster home' has the meaning given that term
in ORS 443.705. - }
{ - (b) 'Home care worker' has the meaning given that term in
ORS 410.600. - }
{ - (c) 'Home health agency' has the meaning given that term
in ORS 443.005. - }
{ - (d) 'In-home care agency' has the meaning given that term
in ORS 443.305. - }
{ - (e) 'Peer support specialist' means a person who: - }
{ - (A) Is providing peer support services as defined by the
authority by rule; - }
{ - (B) Is under the supervision of a qualified clinical
supervisor; - }
{ - (C) Has completed training required by the authority;
and - }
{ - (D) Is currently receiving or has formerly received
mental health services, or is in recovery from a substance use
disorder and meets the abstinence requirements for staff
providing services in alcohol or other drug treatment
programs. - }
{ - (f) 'Residential facility' has the meaning given that
term in ORS 443.400. - }
SECTION 3. { + Section 15, chapter 93, Oregon Laws 2010, is
repealed. + }
SECTION 4. { + (1) If this 2011 Act does not become effective
until after July 1, 2011, section 3 of this 2011 Act (repealing
section 15, chapter 93, Oregon Laws 2010) is repealed.
(2) If this 2011 Act does not become effective until after July
1, 2011, this 2011 Act shall be operative retroactively to July
1, 2011. + }
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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