Bill Text: OR HB2600 | 2011 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to adults with developmental disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-02 - Chapter 658, (2011 Laws): Effective date January 1, 2012. [HB2600 Detail]
Download: Oregon-2011-HB2600-Engrossed.html
Bill Title: Relating to adults with developmental disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-02 - Chapter 658, (2011 Laws): Effective date January 1, 2012. [HB2600 Detail]
Download: Oregon-2011-HB2600-Engrossed.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 1637
A-Engrossed
House Bill 2600
Ordered by the House April 14
Including House Amendments dated April 14
Sponsored by Representative GELSER (Presession filed.)
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.
Codifies Staley settlement agreement pertaining to provision of
developmental disability services to eligible adults. Updates
terminology.
A BILL FOR AN ACT
Relating to adults with developmental disabilities; creating new
provisions; and amending ORS 21.010, 30.262, 132.090, 179.478,
179.485, 179.701, 279A.050, 410.040, 410.060, 427.005, 427.007,
427.010, 427.020, 427.061, 427.104, 427.180, 427.205, 427.215,
427.235, 427.245, 427.255, 427.265, 427.270, 427.275, 427.280,
427.285, 427.290, 427.295, 427.300, 427.306, 427.330, 427.335,
430.010, 430.212, 480.225 and 680.205 and section 5, chapter
826, Oregon Laws 2009.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and sections 2 and 3 of
this 2011 Act:
(1) 'Adult' means an individual who is 18 years of age or
older.
(2) 'Community living and inclusion supports' means services
that may or may not be work-related and includes services
designed to develop or maintain the individual's skills in the
following areas:
(a) Eating, bathing, dressing, personal hygiene, mobility and
other personal needs;
(b) Self-awareness and self-control, social responsiveness,
social amenities, interpersonal skills, interpersonal
relationships and social connections;
(c) Community participation, recreation and the ability to use
available community services, facilities or businesses;
(d) Expressive and receptive skills in verbal and nonverbal
language, the functional application of acquired reading and
writing skills and other communication needs; and
(e) Planning and preparing meals, budgeting, laundering,
housecleaning and other personal environmental needs.
(3) 'Comprehensive services' means a package of services, other
than support services for adults, that is provided by or under
the direction of a community developmental disabilities program
and that includes at least one of the following living
arrangements licensed or regulated by the Department of Human
Services:
(a) Twenty-four-hour residential care, including but not
limited to a group home, a foster home or a supported living
program.
(b) Assistance provided to maintain an individual in the
individual's own home or the home of the individual's family and
that costs more than an amount specified by the department by
rule.
(4) 'Employment services' means services provided to develop or
maintain the skills necessary for an individual to obtain and
retain employment, including job assessment, job exploration, job
development, job training, job coaching, work skills, and ongoing
supports.
(5) 'Environmental accessibility adaptations' means physical
modifications to an individual's home that are necessary to
ensure the health, welfare and safety of the individual in the
home, or that enable the individual to function with greater
independence in the home.
(6) 'Individualized written service plan' means a plan
described in ORS 430.210 (1)(a), (b) and (c) that identifies the
resources, services and purchases necessary for an individual
with a developmental disability to achieve identified personal
goals and maximize self-determination.
(7) 'Person-centered planning' means an informal or formal
process for gathering and organizing information that helps an
individual to:
(a) Enhance self-determination by choosing personal goals and
lifestyle preferences;
(b) Design strategies and networks of support to achieve
personal goals and a preferred lifestyle using individual
strengths, relationships and resources; and
(c) Identify, use and strengthen naturally occurring
opportunities for support in the home and in the community.
(8) 'Self-determination' means empowering individuals to:
(a) Select and plan, together with freely-chosen family members
and friends, the support services for adults that are necessary
instead of purchasing a predefined program or package of
services;
(b) Control the expenditure of available financial assistance
in order to purchase support services for adults, with the help
of a social support network if needed;
(c) Live an autonomous life in the community, rich in community
affiliations, through formal or informal arrangements of
resources and personnel; and
(d) Have a valued role in the community through competitive
employment, organizational affiliations, personal development and
general caring for others in the community, and to be accountable
for spending public dollars in ways that are life-enhancing for
the individual.
(9)(a) 'Specialized medical equipment and supplies' means:
(A) Devices, aids, controls, supplies or appliances that enable
individuals:
(i) To increase their ability to perform activities of daily
living; or
(ii) To perceive, control or communicate with the environment
in which they live;
(B) Items necessary for life support, including ancillary
supplies and equipment necessary to the proper functioning of
these items; and
(C) Medical equipment not available in the medical assistance
program.
(b) 'Specialized medical equipment and supplies' does not
include items that have no direct medical or remedial benefit to
the individual.
(10) 'Specialized supports' means treatment, training,
consultation or other unique services that are not available
through the medical assistance program but are necessary to
achieve the goals identified in the individualized written
service plan, or other support services for adults prescribed by
the department by rule.
(11) 'Support service brokerage' means an entity that contracts
with the department to provide or to arrange for support services
for adults.
(12) 'Support services for adults' means the services for
adults with developmental disabilities provided by a support
service brokerage under sections 2 and 3 of this 2011 Act. + }
SECTION 2. { + (1) Support services for adults are intended to
meet the needs of adults with developmental disabilities and to
prevent or delay their need for comprehensive services. The
Department of Human Services shall establish by rule the
application and eligibility determination processes for support
services for adults.
(2) Support services for adults shall be provided through a
support service brokerage and pursuant to an individualized
written service plan that is developed and reassessed at least
annually using a person-centered planning process.
(3) The department shall ensure that each individual receiving
support services for adults has an active role in choosing the
services, activities and purchases that will best meet the
individual's needs and preferences and to express those choices
verbally, using sign language or by other appropriate methods of
communication.
(4) The services, activities and purchases available as support
services for adults include, but are not limited to:
(a) Community living and inclusion supports that facilitate
independence and promote community integration by supporting the
individual to live as independently as possible;
(b) Employment services;
(c) Environmental accessibility adaptations;
(d) Specialized supports; and
(e) Specialized medical equipment and supplies.
(5) Support services for adults must complement the existing
formal and informal supports, services, activities and purchases
available to an adult living in the adult's own home or the home
of the adult's family.
(6) The department shall ensure that each individual has the
opportunity to confirm satisfaction with the support services for
adults that the individual receives and to makes changes in the
services as necessary. + }
SECTION 3. { + (1) The Department of Human Services shall
enter into contracts with support service brokerages to deliver
support services for adults in a manner that features regional
consolidation, administrative efficiency, cost-effectiveness and
strong consumer and family oversight.
(2) Individuals who receive support services for adults and
their family members shall have formal, significant, continuing
roles in advising the department and support service brokerages
regarding the design, implementation and quality assurance of the
support services for adults delivery system. + }
SECTION 4. ORS 427.005 is amended to read:
427.005. As used in this chapter:
(1) 'Adaptive behavior' means the effectiveness or degree with
which an individual meets the standards of personal independence
and social responsibility expected for age and cultural group.
(2) 'Care' means:
(a) Supportive services, including, but not limited to,
provision of room and board;
(b) Supervision;
(c) Protection; and
(d) Assistance in bathing, dressing, grooming, eating,
management of money, transportation or recreation.
(3) 'Community developmental disabilities program director '
means the director of an entity that provides services described
in ORS 430.630 to persons with { - mental retardation - } { +
intellectual disabilities + } or other developmental
disabilities.
{ + (4) 'Developmental disability' means intellectual
disability, autism, cerebral palsy, epilepsy or other
neurological condition diagnosed by a qualified professional
that:
(a) Originates before an individual is 22 years of age, or 18
years of age for an intellectual disability;
(b) Originates in and directly affects the brain and is
expected to continue indefinitely;
(c) Results in a significant impairment in adaptive behavior as
measured by a qualified professional;
(d) Is not attributed primarily to other conditions including,
but not limited to, a mental or emotional disorder, sensory
impairment, substance abuse, personality disorder, learning
disability or attention deficit hyperactivity disorder; and
(e) Requires training and support similar to that required by
an individual with an intellectual disability. + }
{ - (4) 'Developmental period' means the period of time
between birth and the 18th birthday. - }
(5) 'Director of the facility' means the superintendent of a
state training center, or the person in charge of care, treatment
and training programs at other facilities.
(6) 'Facility' means a state training center, community
hospital, group home, activity center, intermediate care
facility, community mental health clinic, or such other facility
or program as the Department of Human Services approves to
provide necessary services to persons with { - mental
retardation - } { + intellectual disabilities or other
developmental disabilities + }.
(7) 'Incapacitated' means a person is unable, without
assistance, to properly manage or take care of personal affairs
or is incapable, without assistance, of self-care.
(8) 'Independence' means the extent to which persons with
{ - mental retardation or - } { + intellectual disabilities
or other + } developmental disabilities exert control and choice
over their own lives.
(9) 'Integration' means:
(a) Use by persons with { - mental retardation or - } { +
intellectual disabilities or other + } developmental disabilities
of the same community resources that are used by and available to
other persons;
(b) Participation by persons with { - mental retardation
or - } { + intellectual disabilities or other + } developmental
disabilities in the same community activities in which persons
without disabilities participate, together with regular contact
with persons without disabilities; and
(c) Residence by persons with { + intellectual disabilities or
other + } developmental disabilities in homes or in home-like
settings that are in proximity to community resources, together
with regular contact with persons without disabilities in their
community.
{ + (10)(a) 'Intellectual disability' means significantly
subaverage general intellectual functioning, defined as
intelligence quotients under 70 as measured by a qualified
professional and existing concurrently with significant
impairment in adaptive behavior, that is manifested before the
individual reaches 18 years of age.
(b) An individual with intelligence quotients of 70 through 75
may be considered to have an intellectual disability if there is
also significant impairment in adaptive behavior, as diagnosed
and measured by a qualified professional.
(c) The impairment in adaptive behavior must be directly
related to the intellectual disability.
(d) Intellectual disability is synonymous with mental
retardation. + }
{ - (10) - } { + (11) + } 'Intellectual functioning' means
functioning as assessed by one or more of the individually
administered general intelligence tests developed for the
purpose.
{ - (11) 'Mental retardation' means significantly subaverage
general intellectual functioning existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period. Persons of borderline intelligence may be
considered to have mental retardation if there is also serious
impairment of adaptive behavior. Definitions and classifications
shall be consistent with the 'Manual on Terminology and
Classification in Mental Retardation' of the American Association
on Mental Deficiency. Mental retardation is synonymous with
mental deficiency. - }
(12) 'Minor' means an unmarried person under 18 years of age.
(13) 'Physician' means a person licensed by the Oregon Medical
Board to practice medicine and surgery.
(14) 'Productivity' means engagement in income-producing work
by a person with { - mental retardation - } { + an
intellectual disability + } or { - a - } { + another + }
developmental disability which is measured through improvements
in income level, employment status or job advancement or
engagement by a person with { - mental retardation - } { + an
intellectual disability + } or { - a - } { + another + }
developmental disability in work contributing to a household or
community.
(15) 'Resident' means a person admitted to a state training
center either voluntarily or after commitment to the department.
(16) 'Significantly subaverage' means a score on a test of
intellectual functioning that is two or more standard deviations
below the mean for the test.
(17) 'State training center' means { - Eastern Oregon
Training Center and any other - } { + a + } facility operated
by the department for the care, treatment and training of persons
with { - mental retardation - } { + intellectual disabilities
or other developmental disabilities + }.
(18) 'Training' means:
(a) The systematic, planned maintenance, development or
enhancement of self-care, social or independent living skills; or
(b) The planned sequence of systematic interactions,
activities, structured learning situations or education designed
to meet each resident's specified needs in the areas of physical,
emotional, intellectual and social growth.
(19) 'Treatment' means the provision of specific physical,
mental, social interventions and therapies which halt, control or
reverse processes that cause, aggravate or complicate
malfunctions or dysfunctions.
SECTION 5. ORS 427.007 is amended to read:
427.007. (1) The Legislative Assembly finds and declares that a
significant number of persons with { - mental retardation - }
{ + intellectual disabilities + } or other developmental
disabilities currently reside in state-operated hospitals and
training centers or lack needed services simply because
appropriate community-based services, including residential
facilities, day programs, home care and other support, care and
training programs, do not exist. The Legislative Assembly
further finds that families are the major providers of support,
care, training and other services to their members with
{ - mental retardation - } { + intellectual disabilities + }
or other developmental disabilities who live at home, and many of
these families experience exceptionally high financial outlays
and extraordinary physical and emotional challenges due to the
unavailability of appropriate family support services. Such
services pertain to the needs of the person with a disability,
the needs of other family members related to their care-giving
and nurturing capacity, and specialized needs for environmental
accommodation to reduce dependency of the family member with
{ - mental retardation - } { + an intellectual disability + }
or another developmental disability. Therefore, the Department of
Human Services is directed to facilitate the development of
appropriate community-based services, including family support,
residential facilities, day programs, home care and other
necessary support, care and training programs, in an orderly and
systematic manner. The role of state-operated hospitals and
training centers in Oregon shall be as specialized back-up
facilities to a primary system of community-based services for
persons with { - mental retardation - } { + intellectual
disabilities + } or other developmental disabilities.
(2) In carrying out the directive in subsection (1) of this
section, the department shall develop a biennial plan in
conjunction with the budgeting process for review by each
Legislative Assembly. In developing this plan, the department
shall meet with and consider the input of representatives from
the following constituencies: Consumer organizations,
parent-family organizations, advocacy organizations, unions
representing workers in state-operated hospitals and training
centers, community provider organizations, state and local
education officials and community mental health departments or
programs. Such plans shall include, where appropriate:
(a) Proposals for the decrease in the number of persons with
{ - mental retardation - } { + intellectual disabilities + }
or other developmental disabilities to be served in
state-operated hospitals and training centers at a steady and
planned rate until such time that the Legislative Assembly shall
determine that each person served in programs or facilities
operated or supported by the department is being served according
to the best contemporary professional practices in the least
restrictive environment, with preference given to the
community-based setting over the institutional. However, no
person shall be moved from any facility until a comprehensive
assessment of the person's medical, treatment, training and
support service needs has been completed, the move determined to
be in the person's best interest and appropriate service
alternatives procured.
(b) Proposals for the orderly development of community-based
services, including family support, residential facilities, day
programs, home care and other necessary support, care and
training programs, to accommodate persons coming out of
state-operated hospitals and training centers and to serve
persons already in the community waiting for services. The
proposals shall include services developed for persons in the
community waiting for services that are at least equal in number
to those services developed for those coming out of
state-operated hospitals and training centers, and shall include
services for all persons who are leaving the public education
system, in order to further prevent unnecessary
institutionalization of persons with { - mental retardation - }
{ + intellectual disabilities + } or other developmental
disabilities. Funding for these services shall be commensurate
with individual need. These proposals may include provisions for
an array of both publicly and privately operated services and
shall include specific implementation plans requiring that new
services developed are designed to significantly increase the
independence, productivity and integration into the community of
persons with { - mental retardation or - } { + intellectual
disabilities or other + } developmental disabilities.
(c) Proposals for the location of community-based services for
persons with { - mental retardation - } { + intellectual
disabilities + } or other developmental disabilities in proximity
to family, friends, supportive services and home communities
whenever possible.
(3) In further carrying out the directive in subsection (1) of
this section, the department shall develop monitoring and
evaluation systems which ensure competent management, program
quality and cost-effectiveness of community-based services. Such
systems shall include, where appropriate:
(a) A comprehensive system of case management which assures an
orderly movement of persons with { - mental retardation - }
{ + intellectual disabilities + } or other developmental
disabilities from state-operated hospitals and training centers
to community-based services, and between community-based service
alternatives, and assures an effective system of service delivery
to persons with
{ - mental retardation - } { + intellectual disabilities + }
or other developmental disabilities living in the community,
based on individualized planning and close cooperation with
consumers, families and guardians.
(b) An annual progress assessment of every person with
{ - mental retardation - } { + an intellectual disability + }
or another developmental disability served in programs or
facilities operated or supported by the department. This
assessment shall measure the degree to which a family with a
member with { - mental retardation - } { + an intellectual
disability + } or another developmental disability demonstrates
enhanced care-giving and nurturing capacities, and the degree to
which the independence, productivity and integration into the
community of each person with { - mental retardation - } { +
an intellectual disability + } or another developmental
disability has been increased as a result of receiving such
services. The overall results of these assessments shall annually
be aggregated and analyzed for each program or facility operated
or supported by the department, and shall be made available for
public inspection and review by the Legislative Assembly.
(c) The development of specific standards for each component
within the array of services, for persons with { - mental
retardation - } { + intellectual disabilities + } or other
developmental disabilities, either operated or supported by the
department and assure the competent management, program quality
and cost-effectiveness of such services.
(4) Subject to available funds, the department shall ensure
that each family with a member with { - mental retardation - }
{ + an intellectual disability + } or another developmental
disability has access to family support services, and that each
person with
{ - mental retardation - } { + an intellectual disability + }
or { - a - } { + another + } developmental disability living
in the community, including those leaving the public education
system, has access to community-based services necessary to
enable the person to strive to achieve independence, productivity
and integration. Specific services proposed for the person shall
be identified in an individual habilitation plan or in a family
support service plan.
(5) Subject to available funds, the department shall determine
the content of individual habilitation plans and family support
service plans, and the process whereby such plans are developed
and updated.
(6) The department shall establish grievance procedures for
mediation of disputes concerning eligibility for or
appropriateness of services in individual cases.
SECTION 6. ORS 427.010 is amended to read:
427.010. (1) Except as otherwise ordered by the Department of
Human Services pursuant to ORS 179.325, the Eastern Oregon
Training Center in Pendleton, Umatilla County, shall be used for
the care, treatment and training of persons with { - mental
retardation - } { + intellectual disabilities + } who are
assigned to the care of the institution by the department
according to procedures defined in ORS 427.185 or who were
residents on October 3, 1979.
(2) Upon receipt of an application approved by the department
or its designee, pursuant to its rules, a person with
{ - mental retardation - } { + an intellectual disability + }
may be entitled to admission to the state training center for
emergency, respite or part-time care. Part-time care means
presence of the person at the facility less than 24 hours per day
and may include day or night care. Admission for emergency care
or respite care may not exceed 90 days. Admission for part-time
care may exceed 90 days. The fee schedule for such care, training
and treatment in the training center shall be established by the
department in the same manner as for other residents. The fees
shall be charged and collected by the department in the same
manner as charges are collected under ORS 179.610 to 179.770.
(3) The superintendent of the training center named in
subsection (1) of this section shall be a person the department
considers qualified to administer the training center. If the
superintendent of the training center is a physician licensed by
the Oregon Medical Board, the superintendent shall serve as chief
medical officer. If not a physician, the superintendent shall
designate a physician to serve as chief medical officer. The
designated chief medical officer may be an appointed state
employee in the unclassified service, a self-employed contractor
or an employee of a public or private entity that contracts with
the department to provide chief medical officer services. Unless
the designated chief medical officer is specifically appointed as
a state employee in the unclassified service, the designated
chief medical officer shall not be deemed a state employee for
purposes of any state statute, rule or policy.
(4)(a) Notwithstanding any other provision of law, the
designated chief medical officer may supervise physicians who are
employed by the training center or who provide services at the
training center pursuant to a contract.
(b) The designated chief medical officer may delegate all or
part of the authority to supervise other physicians at the
training center to a physician who is employed by the state, a
self-employed contractor or an employee of a public or private
entity that contracts with the department to provide physician
services.
SECTION 7. ORS 427.020 is amended to read:
427.020. (1) State training centers shall annually review the
plan of care for each resident and certify the resident's
eligibility and need for continued residential care and training
and shall present each certification with clear and convincing
justification for continued residential care and training to the
State Training Center Review Board for review and action pursuant
to this section. If the board does not approve of the
certification or, if the resident objects to continued
residential care and training, the resident shall be released
pursuant to ORS 427.300 or, if the Department of Human Services
considers release not to be in the best interest of the resident,
the superintendent of the state training center where the person
is a resident shall initiate commitment proceedings pursuant to
ORS 427.235 to
{ - 427.270, 427.280 and 427.285 - } { + 427.290 + }. The
board may require the physical presence of any resident during
the review. However, the board shall require the physical
presence of each resident at least once every three years of
residence in a state training center.
(2) The plan of care for each resident shall include, but not
be limited to, the following:
(a) Current diagnosis;
(b) Level of functioning;
(c) Current habilitation and health programs in which the
resident is participating;
(d) Statement as to continued eligibility and continued need
for residential care;
(e) Statement of long-term and short-term goals for the
resident; and
(f) Verification that the person has been advised of the
facility's statement of rights and the policies governing the
immediate living area of the person.
(3) The state training center shall notify the resident orally.
In addition, the resident, the resident's parent, guardian or
person entitled to custody shall be notified by certified mail of
the intent to certify the need for the resident's continued
commitment. The notification shall include the following:
(a) Time, place and location of the hearing of the State
Training Center Review Board;
(b) Explanation of the possible consequences of the
proceedings; and
(c) Explanation of the resident's right to appear before the
board on the resident's own behalf or to be represented at the
proceeding by the resident's parent, guardian, the person
entitled to custody or other person, including counsel, of the
resident's choosing.
(4) In the event the resident, because of severe disability, is
unable to receive and acknowledge the communication required by
subsection (3) of this section, that fact shall be documented in
the resident's record and conveyed to the board.
SECTION 8. ORS 427.061 is amended to read:
427.061. (1) If any { - mentally retarded - } person
{ + with an intellectual disability + } is admitted to and
detained in a state training center under ORS 427.255, the
Department of Human Services shall charge to and collect from
appropriate persons the costs in the same manner as it would for
other residents of the state training center under the provisions
of ORS 179.610 to 179.770.
(2) If any person is adjudged { - mentally retarded - } { +
to be in need of commitment for residential care, treatment and
training + } as provided by ORS 427.255, and the person receives
care, treatment and training in a state training center, the
person, or other persons or agencies legally responsible for the
support of the person, may be required to pay the cost of the
care of the person at the state training center, as provided by
ORS 179.610 to 179.770.
SECTION 9. ORS 427.104 is amended to read:
427.104. The Department of Human Services with funds
appropriated for that purpose by the legislature, shall establish
and operate a Developmental Disability Diagnosis and Evaluation
Service for people with { - mental retardation or - }
{ + intellectual disabilities or other + } developmental
disabilities. The Developmental Disability Diagnosis and
Evaluation Service shall provide all or part of diagnostic
evaluations, as defined in ORS 427.105, when complete evaluations
are not available through community developmental disabilities
programs, and the Developmental Disability Diagnosis and
Evaluation Service shall:
(1) Provide consultation and training to community
developmental disabilities programs in the development of local
diagnosis and evaluation services;
(2) Develop and periodically revise department standards and
procedures for diagnosis and evaluation services;
(3) Coordinate diagnostic evaluations statewide to minimize
duplication of tests and examinations;
(4) Approve applications for admission to { - the - } { + a
state + } training center;
(5) Provide necessary information to the State Training Center
Review Board when a decision of the Developmental Disability
Diagnosis and Evaluation Service regarding admission to
{ - the - } { + a + } state training center is appealed by
the person, the parents or legal guardian of the person;
(6) Provide consultation to appropriate agencies and
individuals regarding persons evaluated; and
(7) Process and coordinate all placements of residents from
{ - the - } state training { - center - } { + centers + }.
SECTION 10. ORS 427.180 is amended to read:
427.180. (1) A person shall be admitted to a state training
center only after:
(a) The person has either been committed to the Department of
Human Services as a { - mentally retarded - } person { + with
an intellectual disability + } under ORS 427.290, or an
application for admission has been filed either by the person or
by another in the manner set forth in ORS 427.185;
(b) The person has undergone a diagnostic evaluation as defined
in ORS 427.105 and the completed evaluation has been provided to
the Developmental Disability Diagnosis and Evaluation Service
established under ORS 427.104; and
(c) Either the Developmental Disability Diagnosis and
Evaluation Service or, upon appeal, the Director of Human
Services finds that the person meets the requirements set out in
subsection (2) of this section and approves the person for
admission.
(2) A person shall be approved for admission under subsection
(1)(c) of this section if the following conditions exist:
(a) The person { - is mentally retarded - } { + has an
intellectual disability + };
(b) Programs and services needed by the person are available in
a { + state + } training center and comparable services are not
available in community developmental disabilities programs or
other human service agencies;
(c) Admission to a state training center is the best available
plan and in the best interest of the person, family of the person
and the community; and
(d) Space is available or may become available within a
reasonable time in an appropriate unit of a state training
center.
SECTION 11. ORS 427.205 is amended to read:
427.205. (1) The Director of Human Services shall appoint a
State Training Center Review Board composed of three members. The
Arc of Oregon, the Fairview Parents Association and the Oregon
Council on Developmental Disabilities or their successor
organizations may each recommend three persons to the director.
The director may select one person from each list to serve as a
member of the board. Each board member shall have had at least
five years of involvement and active interest in programs for
persons with { - mental retardation - } { + intellectual
disabilities + }. A board member may not be an employee of the
Department of Human Services.
(2) The term of office of each member is two years. The
director may remove any member for misconduct or neglect of duty.
Replacement of board members shall be accomplished by the same
procedure as that used in subsection (1) of this section for
selection. The director shall request a new list of three persons
from the organization whose nominee for board member is to be
replaced.
(3) A member of the board not otherwise employed full-time by
the state shall be paid on a per diem basis an amount equal to
four percent of the gross monthly salary of a member of the State
Board of Parole and Post-Prison Supervision for each day during
which the member is engaged in the performance of official
duties, including necessary travel time. In addition, subject to
ORS 292.220 to 292.250 regulating travel and other expenses of
state officers and employees, the member shall be reimbursed for
actual and necessary travel and other expenses incurred by the
member in the performance of official duties.
(4) The board shall perform the following duties:
(a) Review decisions of the Developmental Disability Diagnosis
and Evaluation Service regarding admissions to { + state + }
training centers that have been appealed by the applicant or, if
a minor or incapacitated person, by the person applying on the
behalf of the minor or incapacitated person and advise the
director regarding the appropriateness for the admission.
(b) Review decisions of the department pursuant to ORS 427.300
(2) when the resident, parent of the resident, guardian or person
entitled to custody has appealed the decision and advised the
director regarding the appropriateness of the decision.
(c) Annually review state training center plans for continuing
residential care and training of residents pursuant to ORS
427.020.
(5) The board shall operate pursuant to rules adopted by the
department.
SECTION 12. ORS 427.215 is amended to read:
427.215. { - As used in - } { + For the purposes of + } ORS
427.061 and 427.235 to 427.290, { - unless the context requires
otherwise, ' mentally retarded person' applies only to a person
who, because of mental retardation, is or is alleged to be - }
{ + a person with an intellectual disability is in need of
commitment for residential care, treatment and training if the
person is + }either:
(1) Dangerous to self or others; or
(2) Unable to provide for { + the person's + } basic personal
needs and not receiving care as is necessary for the health,
safety or habilitation of the person.
SECTION 13. ORS 427.235 is amended to read:
427.235. (1) Any two persons may notify the { - judge of
the - } court having probate jurisdiction for the county or the
circuit court, if it is not the probate court but its
jurisdiction has been extended to include commitment of { - the
mentally retarded - } { + a person with an intellectual
disability + } under ORS 3.275, that a person within the county
{ - is a mentally retarded person - } { + has an intellectual
disability and is + } in need of commitment for residential care,
treatment and training. Such notice shall be in writing and sworn
to before an officer qualified to administer an oath and shall
set forth the facts sufficient to show the need for
investigation. The circuit court shall forward notice to the
community developmental disabilities program director in the
county if it finds the notice sufficient to show the need for
investigation. The director or the designee of the director shall
immediately investigate to determine whether the person { - is
in fact a mentally retarded person - } { + has an intellectual
disability and is in need of commitment for residential care,
treatment and training + }. However, if the petition for
commitment is from a state training center, the duties of the
community developmental disabilities program director under ORS
427.235 to { - 427.270, 427.280 and 427.285 - } { +
427.290 + } shall be the responsibility of the superintendent of
the state training center or the designee of the superintendent.
(2) Any person who acts in good faith shall not be held civilly
liable for making of the notification under subsection (1) of
this section.
(3) Any investigation conducted by the community developmental
disabilities program director or the designee of the director
under subsection (1) of this section shall commence with an
interview or examination of the { - allegedly mentally
retarded - } person { + alleged to have an intellectual
disability + }, where possible, in the home of the
{ - allegedly mentally retarded - } person or other place
familiar to the { - allegedly mentally retarded - } person.
Further investigation if warranted shall include a diagnostic
evaluation as defined in ORS 427.105 and may also include
interviews with the { - allegedly mentally retarded - }
person's relatives, neighbors, teachers and physician. The
investigation shall also determine if any alternatives to
commitment are available. The investigator shall also determine
and recommend to the court whether the person is incapacitated
and in need of a guardian or conservator.
(4) The investigation report shall be submitted to the court
within 30 days of receipt of notice from the court. A copy of the
investigation report and diagnostic evaluation, if any, shall
also be made available to the Developmental Disability Diagnosis
and Evaluation Service and to the { - allegedly mentally
retarded - } person { + alleged to have an intellectual
disability + } and, { - where the allegedly mentally
retarded - } { + if the + } person is a minor or incapacitated,
to the parents { + or guardian + } of the { - allegedly
mentally retarded - } person { - or guardian - } as soon as
possible after its completion but in any case prior to a hearing
held under ORS 427.245.
(5) Any person conducting an evaluation or investigation under
this section shall in no way be held civilly liable for
conducting the investigation or performing the diagnostic
evaluation.
(6) If requested by a person conducting an investigation under
this section, a physician who has examined the { - allegedly
mentally retarded - } person { + alleged to have an
intellectual disability + } may, with patient authorization or in
response to a court order, provide any relevant information the
physician has regarding the { - allegedly mentally retarded - }
person { + alleged to have an intellectual disability + }.
SECTION 14. ORS 427.245 is amended to read:
427.245. (1) If the court, following receipt of an
investigation report under ORS 427.235, concludes that there is
probable cause to believe that the subject of the investigation
{ - is in fact a mentally retarded person - } { + has an
intellectual disability and is in need of commitment for
residential care, treatment and training + }, it shall, through
the issuance of a citation as provided in subsection (2) of this
section, cause the person to be brought before it at such time
and place as it may direct for a hearing to determine whether the
person { - is mentally retarded - } { + has an intellectual
disability and is in need of commitment for residential care,
treatment and training + }. The person shall be given the
opportunity to appear at the hearing. If the person is detained
pursuant to ORS 427.255, the court shall hold the hearing within
seven judicial days.
(2) Upon a determination under subsection (1) of this section
that probable cause exists to believe that the person { - is in
fact a mentally retarded person - } { + has an intellectual
disability and is in need of commitment for residential care,
treatment and training + }, the { - judge - } { + court + }
shall cause a citation to issue to the person or, if the person
is a minor or incapacitated, to the parent or legal guardian of
the person. The citation shall state the specific reasons the
person is believed to { - be mentally retarded - } { + be in
need of commitment for residential care, treatment and
training + }. The citation shall also contain a notice of the
time and place of the commitment hearing, the right to legal
counsel, the right to have legal counsel appointed if the person
is unable to afford legal counsel, the right to have legal
counsel appointed immediately if so requested, the right to
subpoena witnesses in behalf of the person to testify at the
hearing, the right to cross-examine all witnesses and such other
information as the court may direct. The citation shall be served
on the person by the community developmental disabilities program
director or the designee of the director delivering a duly
certified copy of the original to the person prior to the
hearing. The person, the parents of the person or the legal
guardian of the person shall have the opportunity to consult with
legal counsel prior to being brought before the court. The
community developmental disabilities program director or the
designee of the director shall advise the person of the purpose
of the citation and the possible consequences of the proceeding.
SECTION 15. ORS 427.255 is amended to read:
427.255. (1) If the court finds that there is probable cause to
believe that { + the + } failure to take { - an allegedly
mentally retarded - } { + into custody pending an investigation
or hearing a + } person { - into custody pending an
investigation or hearing - } { + alleged to have an
intellectual disability and be in need of commitment for
residential care, treatment and training + } would pose an
imminent and serious danger to the person or to others, the
{ - judge - } { + court + } may issue a warrant of detention
to either the community developmental disabilities program
director or the sheriff of the county directing that the
{ - person - } { + director, the sheriff + } or the designee
of the { - person - } { + director or sheriff + } take the
{ - allegedly mentally retarded - } person into custody and
produce the { - mentally retarded - } person at the time and
place stated in the warrant. At the time the person is taken into
custody, the { - person taking the person into custody - }
{ + custodian + } shall advise the
{ - allegedly mentally retarded - } person or, if the
{ - allegedly mentally retarded - } person is incapacitated or
a minor, the parents or guardian of the { - allegedly mentally
retarded - } person of the person's right to counsel, to have
legal counsel appointed if the
{ - allegedly mentally retarded - } person is unable to afford
legal counsel, and, if requested, to have legal counsel appointed
immediately.
(2) A person taken into custody under subsection (1) of this
section shall be provided all care, custody, evaluation and
treatment required for the mental and physical health and safety
of the person and the director of the facility retaining custody
shall report any care, custody, evaluation or treatment provided
the person to the court as required by ORS 427.280. Any
diagnostic evaluation performed on such person shall be
consistent with Department of Human Services rules and ORS
427.105. Any prescription or administration of drugs shall be the
sole responsibility of the treating physician. The
{ - allegedly mentally retarded - } person shall have the right
to the least hazardous treatment procedures while in custody, and
the treating physician shall be notified immediately of the use
of any mechanical restraints on the person. A note of each use of
mechanical restraint and the reasons therefor shall be made a
part of the person's clinical record over the signature of the
treating physician.
SECTION 16. ORS 427.265 is amended to read:
427.265. (1) At the time { - the allegedly mentally
retarded - } { + that a + } person { + who is alleged to have
an intellectual disability and to be in need of commitment for
residential care, treatment and training + } is brought before
the court, the court shall advise the person of the reason for
being brought before the court, the nature of the proceedings and
the possible results of the proceedings. The court shall also
advise the { - allegedly mentally retarded - } person of the
right to subpoena witnesses and to suitable legal counsel
possessing skills and experience commensurate with the nature of
the allegations and complexity of the case during the
proceedings, and that if the person does not have funds with
which to retain suitable legal counsel, the court shall appoint
such legal counsel to represent the person. If the
{ - allegedly mentally retarded - } person does not request
legal counsel, the legal guardian, relative or friend may request
the assistance of legal counsel on behalf of the person.
(2) If no request for legal counsel is made, the court shall
appoint suitable legal counsel.
(3) If the person is unable to afford legal counsel, the court,
if the matter is before a county or justice court, or the public
defense services executive director, if the matter is before the
circuit court, shall determine and allow, as provided in ORS
135.055, the reasonable expenses of the person and compensation
for legal counsel. The expenses and compensation so allowed by a
county court shall be paid by the county of residence of the
{ - allegedly mentally retarded - } person. The expenses and
compensation determined by the public defense services executive
director shall be paid by the public defense services executive
director from funds available for the purpose. In all cases legal
counsel shall be present at the hearing and may examine all
witnesses offering testimony, and otherwise represent the person.
(4) { - If the allegedly mentally retarded person, the legal
counsel, parent, guardian, an examiner or the court requests, - }
The court may, for good cause, postpone the hearing for not more
than 72 hours { - in order - } to allow preparation for the
hearing { - . The court may, for good cause, - } { + and + }
order the continuation of detention authorized under ORS 427.255
{ - , - } during a postponement { + , if requested by the
person, the legal counsel, parent or guardian of the person, an
examiner or on the court's own motion + }.
SECTION 17. ORS 427.270 is amended to read:
427.270. (1) The examining facility conducting the diagnostic
evaluation shall make its report in writing to the court. Where
components of the diagnostic evaluation have been performed
within the previous year according to Department of Human
Services rules and ORS 427.105, and the records of the evaluation
are available to the examining facility pursuant to ORS 179.505
and department rules, the results of such evaluation may be
introduced in court in lieu of repetition of those components by
the examining facility. If the facility finds, and shows by its
report, that the person examined { - is a mentally retarded
person - } { + has an intellectual disability and is in need of
commitment for residential care, treatment and training + }, the
report shall include a recommendation as to the type of treatment
or training facility
{ - best calculated to habilitate - } { + most suitable
for + } the person. The report shall also advise the court
whether in the opinion of the examining facility the
{ - mentally retarded - } person and, if the
{ - mentally retarded - } person is a minor or incapacitated,
the parents or legal guardian of the { - mentally retarded - }
person would cooperate with voluntary treatment or training and
whether the person would benefit either from voluntary treatment
or training or from appointment of a legal guardian or
conservator.
(2) { - If the allegedly mentally retarded - } { + Upon
request by the + } person or the parent, legal guardian or legal
counsel of the
{ - allegedly mentally retarded - } person { - requests - }
, the { - judge - } { + court + } shall appoint an additional
physician or psychologist, or both, to examine the person and
make separate reports in writing to the court. However, the court
shall not appoint more than one additional physician and one
additional psychologist to examine the person.
SECTION 18. ORS 427.275 is amended to read:
427.275. (1) Any physician or psychologist employed by the
{ - judge - } { + court + } to make a diagnostic evaluation
of a person alleged to { - be mentally retarded - } { + have
an intellectual disability and to be in need of commitment for
residential care, treatment and training, + } shall be allowed a
fee as the court in its discretion determines reasonable for the
evaluation. The costs of the evaluation shall be paid by the
county of residence of the person or, if the person has no
residence within the state, by the county in which the person is
taken into custody. The county shall not be held responsible for
the costs of prior examinations or tests reported to the court,
or of diagnostic evaluations performed or arranged by the
community developmental disabilities program or Department of
Human Services.
(2) Witnesses subpoenaed to give testimony shall receive the
same fees as are paid in criminal cases and are subject to
compulsory attendance in the same manner as provided in ORS
136.567 to 136.603. The attendance of out-of-state witnesses may
be secured in the same manner as provided in ORS 136.623 to
136.637. The party who subpoenas the witness or requests the
court to subpoena the witness is responsible for payment of the
cost of the subpoena and payment for the attendance of the
witness at a hearing. When the witness has been subpoenaed on
behalf of { - an allegedly mentally retarded - } { + a + }
person who is represented by appointed counsel, the fees and
costs allowed for that witness shall be paid pursuant to ORS
135.055.
SECTION 19. ORS 427.280 is amended to read:
427.280. The { - court shall be fully advised by the - }
community developmental disabilities program director or,
{ - when the - } { + if a + } person has been detained under
ORS 427.255, { - by - } the director of the facility retaining
custody of { + a person alleged to be in need of commitment for
residential care, treatment and training shall fully advise the
court of + } all treatment known to have been administered to the
{ - allegedly mentally retarded - } person after a citation has
been issued to the person.
SECTION 20. ORS 427.285 is amended to read:
427.285. The investigator and other appropriate persons or
professionals as necessary shall appear at the hearing and
present the evidence. The { - allegedly mentally retarded - }
person { + alleged to have an intellectual disability and to be
in need of commitment for residential care, treatment and
training + }shall have the right to cross-examine all witnesses,
the investigator and the representative.
SECTION 21. ORS 427.290 is amended to read:
427.290. After hearing all of the evidence, and reviewing the
findings of the investigation and other examiners, the court
shall determine whether the person { - is mentally retarded - }
{ + has an intellectual disability + } and because of
{ - mental retardation - } { + the intellectual disability + }
is either dangerous to self or others or is unable to provide for
the personal needs of the person and is not receiving care as is
necessary for the health, safety or habilitation of the person.
If in the opinion of the court the person { - is not mentally
retarded - } { + in not in need of commitment for residential
care, treatment and training + }, the person shall be discharged
{ - forthwith - } . If in the opinion of the court the person
{ - is - } { + has + }, by clear and convincing evidence,
{ - mentally retarded - } { + an intellectual disability and
is in need of commitment for residential care, treatment and
training + }, the court may order as follows:
(1) If the { - mentally retarded - } person can give
informed consent and is willing and able to participate in
treatment and training on a voluntary basis, and the court finds
that the person will do so, the court shall order release of the
person and dismiss the case.
(2) If a relative, a friend or legal guardian of the
{ - mentally retarded - } person requests that the relative,
friend or legal guardian be allowed to care for the
{ - mentally retarded - } person for a period of one year in a
place satisfactory to the
{ - judge - } { + court + } and shows that the relative,
friend or legal guardian is able to care for the { - mentally
retarded - } person and that there are adequate financial
resources available for the care of the { - mentally
retarded - } person, the court may commit the
{ - mentally retarded - } person and order that the
{ - mentally retarded - } person be conditionally released and
placed in the care and custody of the relative, friend or legal
guardian. The order may be revoked and the { - mentally
retarded - } person committed to the Department of Human
Services for the balance of the year whenever, in the opinion of
the court, it is in the best interest of the
{ - mentally retarded - } person.
(3) If in the opinion of the court voluntary treatment and
training or conditional release is not in the best interest of
the
{ - mentally retarded - } person, the court may order the
commitment of the person to the department for care, treatment or
training. The commitment shall be for a period not to exceed one
year with provisions for continuing commitment pursuant to ORS
427.020.
(4) If in the opinion of the court the { - mentally
retarded - } person may be incapacitated, the court may appoint a
legal guardian or conservator pursuant to ORS chapter 125. The
appointment of a guardian or conservator shall be a separate
order from the order of commitment.
SECTION 22. ORS 427.295 is amended to read:
427.295. If a person { - determined by a court to be mentally
retarded appeals the determination or disposition based thereon,
and is determined to be financially eligible for appointed
counsel at state expense - } { + appeals a commitment order
issued under ORS 427.290 + }, the court, upon request of the
person or upon its own motion { + and upon finding that the
person is financially eligible for appointed counsel at state
expense + }, shall appoint suitable legal counsel to represent
the person. The compensation for legal counsel and costs and
expenses necessary to the appeal shall be determined and paid by
the public defense services executive director as provided in ORS
135.055 if the circuit court is the appellate court or as
provided in ORS 138.500 if the Court of Appeals or Supreme Court
is the appellate court. The compensation, costs and expenses so
allowed shall be paid as provided in ORS 138.500.
SECTION 23. ORS 427.300 is amended to read:
427.300. (1) The Department of Human Services may, at its
discretion, direct any { - court-committed mentally
retarded - } person { + with an intellectual disability who
has been committed under ORS 427.290 + } to the facility best
able to treat and train the person. The authority of the
department on such matters shall be final.
(2) At any time, for good cause and in the best interest of the
{ - mentally retarded - } person, the department may decide to
transfer a resident from one facility to another or discharge a
resident as no longer in need of residential care, treatment or
training in a state training center. Fifteen days prior to
department action, the department shall notify the resident and
the parent, guardian or person entitled to custody of the
resident by certified mail of its decision. The notice shall
indicate the right of the aforementioned parties to appeal this
decision to the State Training Center Review Board in writing
within 10 days after receipt of notice. Within 30 days from the
date the appeal is received by the department, the State Training
Center Review Board shall hold a hearing at which the department
and the person having filed the appeal shall present their case
and shall communicate its recommendation to the Director of Human
Services pursuant to ORS 427.205 (4)(b); and the director shall
communicate the decision of the director by certified mail to the
appealing party.
(3) The department, pursuant to its rules, may delegate to a
community developmental disabilities program director the
responsibility for assignment of { - mentally retarded - }
persons { + with intellectual disabilities + } to suitable
facilities or transfer between such facilities under conditions
which the department may define. Any voluntary client or resident
shall be released from the treating or training facility within
15 business days of the request of the client or resident for
release, unless commitment procedures are initiated under ORS
427.235.
SECTION 24. ORS 427.306 is amended to read:
427.306. (1) { - No - } { + A + } person, not incarcerated
upon a criminal charge, who has been alleged or adjudged { - a
mentally retarded person shall - } { + to have an intellectual
disability and to be in need of commitment for residential care,
treatment and training, may not + } be confined in any prison,
jail or other enclosure where those charged with a crime or a
violation of a municipal ordinance are incarcerated.
(2) { - No - } { + A + } person alleged or adjudged { - a
mentally retarded person, - } { + to have an intellectual
disability and to be in need of commitment for residential care,
treatment and training, who is + } not incarcerated on a criminal
charge, { - shall - } { + may not + } be confined without an
attendant in charge of the person. If { + the person is + } not
confined in a community hospital, the community developmental
disabilities program director or sheriff having the person in
custody shall select some suitable person to act as attendant in
quarters suitable for the comfortable, safe and humane
confinement of the person. The person shall be detained in the
least restrictive setting consistent with the person's emotional
and physical needs and the protection of others.
SECTION 25. ORS 427.330 is amended to read:
427.330. As used in ORS 427.330 to 427.345:
(1) 'Care provider' means an individual, family member or
entity that provides care.
(2)(a) 'Community housing' includes:
(A) Real property, including but not limited to buildings,
structures, improvements to real property and related equipment,
that is used or could be used to house and provide care for
individuals with { - mental retardation - } { + intellectual
disabilities + } or other developmental disabilities; and
(B) A single-family home or multiple-unit residential housing
that an individual with { - mental retardation - } { + an
intellectual disability + } or other developmental disability
shares with other inhabitants, including but not limited to
family members, care providers or friends.
(b) 'Community housing' does not include the Eastern Oregon
Training Center.
(3) 'Construct' means to build, install, assemble, expand,
alter, convert, replace or relocate. 'Construct' includes to
install equipment and to prepare a site.
{ - (4) 'Developmental disability' means a disability
attributable to mental retardation, cerebral palsy, epilepsy or
other neurological handicapping condition or severe physical
impairment that requires training similar to that required by
persons with mental retardation, and the disability: - }
{ - (a) Originates before the person attains the age of 22
years; - }
{ - (b) Has continued or can be expected to continue
indefinitely; and - }
{ - (c) Constitutes a substantial handicap to the ability of
the person to function in society. - }
{ - (5) - } { + (4) + } 'Equipment' means furnishings,
fixtures, appliances, special adaptive equipment or supplies that
are used or could be used to provide care in community housing.
{ - (6) - } { + (5) + } 'Family member' means an individual
who is related by blood or marriage to an individual with
{ - mental retardation - } { + an intellectual disability + }
or other developmental disability.
{ - (7) - } { + (6) + } 'Financial assistance' means a
grant or loan to pay expenses incurred to provide community
housing.
{ - (8) - } { + (7) + } 'Housing provider' means an
individual or entity that provides community housing.
SECTION 26. ORS 427.335 is amended to read:
427.335. (1) The Department of Human Services may, through
contract or otherwise, acquire, purchase, receive, hold,
exchange, operate, demolish, construct, lease, maintain, repair,
replace, improve and equip community housing for the purpose of
providing care to individuals with { - mental retardation - }
{ + intellectual disabilities + } or other developmental
disabilities.
(2) The department may dispose of community housing acquired
under subsection (1) of this section in a public or private sale,
upon such terms and conditions as the department considers
advisable to increase the quality and quantity of community
housing for individuals with { - mental retardation - } { +
intellectual disabilities + } or other developmental
disabilities. The department may include in any instrument
conveying fee title to community housing language that restricts
the use of the community housing to provide care for individuals
with { - mental retardation - } { + intellectual
disabilities + } or other developmental disabilities. Such
restriction is not a violation of ORS 93.270. Any instrument
conveying fee title to community housing under this subsection
shall provide that equipment in the community housing is a part
of and shall remain with the real property unless such equipment
was modified or designed specifically for an individual's use, in
which case such equipment shall follow the individual.
(3) The department may provide financial assistance to a
housing provider or a care provider that wishes to provide
community housing for individuals with { - mental
retardation - } { + intellectual disabilities + } or other
developmental disabilities under rules promulgated by the
department.
(4) The department may transfer its ownership of equipment to
care providers.
(5) When exercising the authority granted to the department
under this section, the department is not subject to ORS 276.900
to 276.915 or 279A.250 to 279A.290 or ORS chapters 270 and 273.
SECTION 27. ORS 430.010 is amended to read:
430.010. As used in ORS 430.010 to 430.050, 430.140 to 430.170,
430.265, 430.270 and 430.610 to 430.695:
(1) 'Authority' means the Oregon Health Authority.
(2) 'Department' means the Department of Human Services.
(3) 'Health facility' means a facility licensed as required by
ORS 441.015 or a facility accredited by the Joint Commission on
Accreditation of Hospitals, either of which provides full-day or
part-day acute treatment for alcoholism, drug addiction or mental
or emotional disturbance, and is licensed to admit persons
requiring 24-hour nursing care.
{ + (4) 'Mental retardation' is synonymous with 'intellectual
disability' as defined in ORS 427.005. + }
{ - (4) - } { + (5) + } 'Residential facility' or 'day or
partial hospitalization program' means a program or facility
providing an organized full-day or part-day program of treatment.
Such a program or facility shall be licensed, approved,
established, maintained, contracted with or operated by the
authority under:
(a) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(b) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(c) ORS 430.610 to 430.880 for mental or emotional
disturbances.
{ - (5) - } { + (6) + } 'Outpatient service' means:
(a) A program or service providing treatment by appointment and
by:
(A) Medical or osteopathic physicians licensed by the Oregon
Medical Board under ORS 677.010 to 677.450;
(B) Psychologists licensed by the State Board of Psychologist
Examiners under ORS 675.010 to 675.150;
(C) Nurse practitioners registered by the Oregon State Board of
Nursing under ORS 678.010 to 678.410;
(D) Regulated social workers authorized to practice regulated
social work by the State Board of Licensed Social Workers under
ORS 675.510 to 675.600; or
(E) Professional counselors or marriage and family therapists
licensed by the Oregon Board of Licensed Professional Counselors
and Therapists under ORS 675.715 to 675.835; or
(b) A program or service providing treatment by appointment
that is licensed, approved, established, maintained, contracted
with or operated by the authority under:
(A) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(B) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(C) ORS 430.610 to 430.880 for mental or emotional
disturbances.
SECTION 28. ORS 21.010 is amended to read:
21.010. (1) Except as provided in this section, the appellant
in an appeal or the petitioner in a judicial review in the
Supreme Court or the Court of Appeals shall pay a filing fee of
$154 in the manner prescribed by ORS 19.265. The respondent in
such case and any other person appearing in the appeal, upon
entering first appearance or filing first brief in the court,
shall pay to the State Court Administrator the sum of $154. The
party entitled to costs and disbursements on such appeal shall
recover from the opponent the amount so paid.
(2) Except as provided in this section, the appellant in an
appeal or the petitioner in a judicial review in the Supreme
Court or the Court of Appeals shall pay $154 for each additional
person named as an appellant or petitioner. The respondent in
such case, and any other person appearing in the appeal, shall
pay $154 to the State Court Administrator for each additional
person named as a respondent. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid. The Chief Justice by order may provide for
exemptions from the fees established by this subsection if
exemptions are needed for the equitable imposition of those fees.
(3) Filing and appearance fees may not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of persons determined to
be mentally ill under ORS 426.135 or persons determined to
{ - be mentally retarded - } { + have an intellectual
disability + } under ORS 427.295, or on judicial review of orders
of the Psychiatric Security Review Board under ORS 161.385 (9) or
orders of the State Board of Parole and Post-Prison Supervision.
(4) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(5) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
SECTION 29. ORS 21.010, as amended by section 30, chapter 659,
Oregon Laws 2009, and section 37f, chapter 885, Oregon Laws 2009,
is amended to read:
21.010. (1) Except as provided in this section, the appellant
in an appeal or the petitioner in a judicial review in the
Supreme Court or the Court of Appeals shall pay a filing fee of
$154 in the manner prescribed by ORS 19.265. The respondent in
such case and any other person appearing in the appeal, upon
entering first appearance or filing first brief in the court,
shall pay to the State Court Administrator the sum of $154. The
party entitled to costs and disbursements on such appeal shall
recover from the opponent the amount so paid.
(2) Filing and appearance fees may not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of persons determined to
be mentally ill under ORS 426.135 or persons determined to
{ - be mentally retarded - } { + have an intellectual
disability + } under ORS 427.295, or on judicial review of orders
of the Psychiatric Security Review Board under ORS 161.385 (9) or
orders of the State Board of Parole and Post-Prison Supervision.
(3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
SECTION 30. ORS 30.262 is amended to read:
30.262. (1) The following facilities and training homes are
public bodies for the purposes of ORS 30.260 to 30.300:
(a) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives more
than 50 percent of its funding from the state or a political
subdivision of the state for the purpose of providing residential
or vocational services to individuals with { - mental
retardation or - } { + intellectual or other + } developmental
disabilities.
(b) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives less
than 50 percent of its funding from the state or a political
subdivision of the state but that provides residential or
vocational services to individuals with { - mental retardation
or - } { + intellectual or other + } developmental
disabilities, more than half of whom are eligible for funding for
services by the Department of Human Services under criteria
established by the department.
(2) The provisions of this section apply only to a nonprofit
residential training facility, nonprofit residential training
home or nonprofit facility that provides services to individuals
with
{ - mental retardation or - } { + intellectual or other + }
developmental disabilities under a contract with:
(a) The Department of Human Services; or
(b) A community mental health and developmental disabilities
program established pursuant to ORS 430.620.
SECTION 31. ORS 132.090 is amended to read:
132.090. (1) Except as provided in subsections (2) and (3) of
this section, no person other than the district attorney or a
witness actually under examination shall be present during the
sittings of the grand jury.
(2) Upon a motion filed by the district attorney in the circuit
court, the circuit judge may appoint a reporter who shall attend
the sittings of the grand jury to take and report the testimony
in any matters pending before the grand jury, and may appoint a
parent, guardian or other appropriate person 18 years of age or
older to accompany any child 12 years of age or younger, or any
person with mental retardation, during an appearance before the
grand jury. The circuit judge, upon the district attorney's
showing to the court that it is necessary for the proper
examination of a witness appearing before the grand jury, may
appoint a guard, medical or other special attendant or nurse, who
shall be present in the grand jury room and shall attend such
sittings.
(3) The district attorney may designate an interpreter who is
certified under ORS 45.291 to interpret the testimony of
witnesses appearing before the grand jury. The district attorney
may designate a qualified interpreter, as defined in ORS 45.288,
if the circuit court determines that a certified interpreter is
not available and that the person designated by the district
attorney is a qualified interpreter as defined in ORS 45.288. An
interpreter designated under this subsection may be present in
the grand jury room and attend the sittings of the grand jury.
(4) No person other than members of the grand jury shall be
present when the grand jury is deliberating or voting upon a
matter before it.
(5) As used in this section, 'mental retardation' has the
meaning given that term in ORS { - 427.005 - } { +
430.010 + }. Mental retardation may be shown by attaching to the
motion of the district attorney:
(a) Documentary evidence of intellectual functioning; or
(b) The affidavit of a qualified person familiar with the
person with mental retardation. 'Qualified person' includes, but
is not limited to, a teacher, therapist or physician.
SECTION 32. Section 5, chapter 826, Oregon Laws 2009, as
amended by sections 18 and 18a, chapter 826, Oregon Laws 2009, is
amended to read:
{ + Sec. 5. + } Relief from certain prohibitions against
transporting, shipping, possessing or receiving firearm. (1) A
person barred from transporting, shipping, possessing or
receiving a firearm may file a petition with the Psychiatric
Security Review Board for relief from the bar if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(D) or (E);
(b) The person is barred from receiving a firearm under ORS
166.470 (1)(e) or (f); or
(c) The person is barred from possessing, receiving, shipping
or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as
the result of a state mental health determination.
(2) The petitioner shall serve a copy of the petition on:
(a) The Department of Human Services and the Oregon Health
Authority; and
(b) The district attorney in each county in which:
(A) The person was committed by a court to the Oregon Health
Authority, or adjudicated by a court as mentally ill, under ORS
426.130;
(B) The person was committed by a court to the Department of
Human Services, or adjudicated by a court as { - mentally
retarded - } { + in need of commitment for residential care,
treatment and training + }, under ORS 427.290;
(C) The person was found guilty except for insanity under ORS
161.295;
(D) The person was found responsible except for insanity under
ORS 419C.411; or
(E) The person was found by a court to lack fitness to proceed
under ORS 161.370.
(3) Following receipt of the petition, the board shall conduct
a contested case hearing, make written findings of fact and
conclusions of law on the issues before the board and issue a
final order.
(4) The state and any person or entity described in subsection
(2) of this section may appear and object to and present evidence
relevant to the relief sought by the petitioner.
(5) The board shall grant the relief requested in the petition
if the petitioner demonstrates, based on the petitioner's
reputation, the petitioner's record, the circumstances
surrounding the firearm disability and any other evidence in the
record, that the petitioner will not be likely to act in a manner
that is dangerous to public safety and that granting the relief
would not be contrary to the public interest.
(6) If the board grants the relief requested in the petition,
the board shall provide to the Department of State Police the
minimum information necessary, as defined in { - section 1 of
this 2009 Act - } { + ORS 181.740 + }, to enable the department
to:
(a) Maintain the information and transmit the information to
the federal government as required under federal law; and
(b) Maintain a record of the person's relief from the
disqualification to possess or receive a firearm under ORS
166.250 (1)(c)(D) or (E) or 166.470 (1)(e) or (f).
(7) The petitioner may petition for judicial review of a final
order of the board. The petition shall be filed in the circuit
court of a county described in subsection (2)(b) of this section.
The review shall be conducted de novo and without a jury.
(8) A petitioner may take an appeal from the circuit court to
the Court of Appeals. Review by the Court of Appeals shall be
conducted in accordance with ORS 183.500.
(9) A person may file a petition for relief under this section
no more than once every two years.
(10) The board shall adopt procedural rules to carry out the
provisions of this section.
(11) As used in this section, 'state mental health
determination' means:
(a) A finding by a court that a person lacks fitness to proceed
under ORS 161.370;
(b) A finding that a person is guilty except for insanity of a
crime under ORS 161.295 or responsible except for insanity of an
act under ORS 419C.411 or any determination by the Psychiatric
Security Review Board thereafter;
(c) A commitment by a court to the Oregon Health Authority, or
an adjudication by a court that a person is mentally ill, under
ORS 426.130; or
(d) A commitment by a court to the Department of Human
Services, or an adjudication by a court that a person is
{ - mentally retarded - } { + in need of commitment for
residential care, treatment and training + }, under ORS 427.290.
SECTION 33. ORS 179.478 is amended to read:
179.478. (1) If the person, a relative, guardian or friend, or
institution staff have probable cause to believe that an inmate
or youth offender is a person with { - mental retardation - }
{ + an intellectual disability + } to such a degree that the
inmate or youth offender cannot adjust to or benefit from the
Department of Corrections institution or youth correction
facility, the superintendent of the institution shall request
that a diagnostic assessment be performed by the Department of
Human Services or its designee. If there is probable cause to
believe that the inmate or youth offender is a person with
{ - mental retardation - } { + an intellectual disability + }
and otherwise eligible for admission to a state training center
pursuant to ORS 427.010 and other applicable statutes and rules
of the Department of Human Services, the person shall be entitled
to a commitment hearing.
(2) If the inmate or youth offender is by clear and convincing
evidence determined by the court to be a person with
{ - mental retardation - } { + an intellectual
disability + }, the person shall be committed and transferred to
a training center designated by the Department of Human Services
as soon as space in an appropriate unit is available, and any
sentence to a Department of Corrections institution or commitment
to the youth correction facility shall be terminated.
SECTION 34. ORS 179.485 is amended to read:
179.485. Persons transferred to a state institution for persons
with mental illness or { - mental retardation - } { +
intellectual disabilities + } under ORS 179.473, 179.478 and
420.505 shall be entitled to the same legal rights as any other
persons admitted to those institutions.
SECTION 35. ORS 179.701 is amended to read:
179.701. The cost-of-care rates for a person shall be
determined by the Department of Corrections, the Department of
Human Services or the Oregon Health Authority, as appropriate.
The rates established shall be reasonably related to current
costs of the institutions as described in ORS 179.321. Current
costs shall exclude costs of outpatient services as defined in
ORS 430.010
{ - (5) - } and any other costs not directly related to the
care for a person at a state institution.
SECTION 36. ORS 279A.050 is amended to read:
279A.050. (1)(a) Except as otherwise provided in the Public
Contracting Code, a contracting agency shall exercise all
procurement authority in accordance with the provisions of the
Public Contracting Code.
(b) When a contracting agency has authority under this section
to carry out functions described in this section, or has
authority to make procurements under a provision of law other
than the Public Contracting Code, the contracting agency is not
required to exercise that authority in accordance with the
provisions of the code if, under ORS 279A.025, the code does not
apply to the contract or contracting authority.
(2) Except as otherwise provided in the Public Contracting
Code, for state agencies the Director of the Oregon Department of
Administrative Services has all the authority to carry out the
provisions of the Public Contracting Code.
(3) Except as otherwise provided in the Public Contracting
Code, the Director of Transportation has all the authority to:
(a) Procure or supervise the procurement of all services and
personal services to construct, acquire, plan, design, maintain
and operate passenger terminal facilities and motor vehicle
parking facilities in connection with any public transportation
system in accordance with ORS 184.689 (5);
(b) Procure or supervise the procurement of all goods,
services, public improvements and personal services relating to
the operation, maintenance or construction of highways, bridges
and other transportation facilities that are subject to the
authority of the Department of Transportation; and
(c) Establish standards for, prescribe forms for and conduct
the prequalification of prospective bidders on public improvement
contracts related to the operation, maintenance or construction
of highways, bridges and other transportation facilities that are
subject to the authority of the Department of Transportation.
(4) Except as otherwise provided in the Public Contracting
Code, the Secretary of State has all the authority to procure or
supervise the procurement of goods, services and personal
services related to programs under the authority of the Secretary
of State.
(5) Except as otherwise provided in the Public Contracting
Code, the State Treasurer has all the authority to procure or
supervise the procurement of goods, services and personal
services related to programs under the authority of the State
Treasurer.
(6) The state agencies listed in this subsection have all the
authority to do the following in accordance with the Public
Contracting Code:
(a) The Department of Human Services to procure or supervise
the procurement of goods, services and personal services under
ORS 179.040 for the department's institutions and the procurement
of goods, services and personal services for the construction,
demolition, exchange, maintenance, operation and equipping of
housing for the purpose of providing care to individuals with
{ - mental retardation - } { + intellectual disabilities + }
or other developmental disabilities, subject to applicable
provisions of ORS 427.335;
(b) The Oregon Health Authority to procure or supervise the
procurement of goods, services and personal services under ORS
179.040 for the authority's institutions and the procurement of
goods, services and personal services for the construction,
demolition, exchange, maintenance, operation and equipping of
housing for persons with chronic mental illness, subject to
applicable provisions of ORS 426.504;
(c) The State Department of Fish and Wildlife to procure or
supervise the procurement of construction materials, equipment,
supplies, services and personal services for public improvements,
public works or ordinary construction described in ORS 279C.320
that is subject to the authority of the State Department of Fish
and Wildlife;
(d) The State Parks and Recreation Department to procure or
supervise the procurement of all goods, services, public
improvements and personal services relating to state parks;
(e) The Oregon Department of Aviation to procure or supervise
the procurement of construction materials, equipment, supplies,
services and personal services for public improvements, public
works or ordinary construction described in ORS 279C.320 that is
subject to the authority of the Oregon Department of Aviation;
(f) The Oregon Business Development Department to procure or
supervise the procurement of all goods, services, personal
services and public improvements related to its foreign trade
offices operating outside the state;
(g) The Housing and Community Services Department to procure or
supervise the procurement of goods, services and personal
services as provided in ORS 279A.025 (2)(o);
(h) The Department of Corrections to procure or supervise the
procurement of construction materials, equipment, supplies,
services and personal services for public improvements, public
works or ordinary construction described in ORS 279C.320 that is
subject to the authority of the Department of Corrections;
(i) The Department of Corrections, subject to any applicable
provisions of ORS 279A.120, 279A.125, 279A.145 and 283.110 to
283.395, to procure or supervise the procurement of goods,
services and personal services under ORS 179.040 for its
institutions;
(j) The Department of Veterans' Affairs to procure or supervise
the procurement of real estate broker and principal real estate
broker services related to programs under the department's
authority;
(k) The Oregon Military Department to procure or supervise the
procurement of construction materials, equipment, supplies,
services and personal services for public improvements, public
works or ordinary construction described in ORS 279C.320 that is
subject to the authority of the Oregon Military Department;
(L) The Department of Education, subject to any applicable
provisions of ORS 329.075, 329.085 and 329.485 and the federal No
Child Left Behind Act of 2001 (P.L. 107-110, 115 Stat. 1425), to
procure or supervise the procurement of goods, services, personal
services and information technology relating to student
assessment; and
(m) Any state agency to conduct a procurement when the agency
is specifically authorized by any provision of law other than the
Public Contracting Code to enter into a contract.
(7) Notwithstanding this section and ORS 279A.140 (1), the
Director of the Oregon Department of Administrative Services has
exclusive authority, unless the director delegates this
authority, to procure or supervise the procurement of all price
agreements on behalf of the state agencies identified in
subsection (6)(a) to (k) of this section under which more than
one state agency may order goods, services or personal services
and all state agency information technology contracts. This
subsection does not apply to contracts under which the contractor
delivers to the state agency information technology products or
services incidental to the performance of personal services
contracts described in ORS chapter 279C or construction contracts
described in ORS chapter 279C. A state agency identified in
subsection (3) or (6)(a) to (k) of this section may not establish
a price agreement or enter into a contract for goods, services or
personal services without the approval of the director if the
director has established a price agreement for the goods,
services or personal services.
SECTION 37. ORS 410.040 is amended to read:
410.040. As used in ORS 409.010, 410.040 to 410.320, 411.159
and 441.630:
(1) 'Appropriate living arrangement' means any arrangement for
an elderly person or a person with a disability in a residential
setting which is appropriate for the person considering, in order
of priority, the following criteria:
(a) The desires and goals of the person;
(b) The right of the person to live as independently as
possible, in the least restrictive environment; and
(c) The cost of the living arrangement compared to other types
of living arrangements, based on the criteria in paragraphs (a)
and (b) of this subsection.
(2) 'Area agency' means:
(a) An established or proposed type A or type B Area Agency on
Aging within a planning and service area designated under Section
305 of the Older Americans Act; or
(b) Any public or nonprofit private agency which is designated
as a type A or type B Area Agency on Aging under Section 305 of
the Older Americans Act.
(3) 'Area agency board' means the local policy-making board
which directs the actions of the area agency within state and
federal laws and regulations.
(4) 'Department' means the Department of Human Services.
(5) 'Elderly person' means a person who is served by a type A
area agency or type B area agency or by the department and who is
60 years of age or older.
(6) 'Local government' means a political subdivision of the
state whose authority is general or a combination of units of
general purpose local governments.
(7) 'Person with a disability' means a person with a physical
or mental disability:
(a) Who is eligible for Supplemental Security Income or for
general assistance; and
(b) Who meets one of the following criteria:
(A) Has { - mental retardation or - } a developmental
disability or is mentally or emotionally disturbed, and resides
in or needs placement in a residential program administered by
the department.
(B) Is an alcohol or drug abuser and resides in or needs
placement in a residential program administered by the
department.
(C) Has a physical or mental disability other than those
described in subparagraphs (A) and (B) of this paragraph.
(8) 'Preadmission screening' means a professional program
within the department or type B area agencies, with staff that
includes registered nurses and social workers, that assesses the
needs of clients and recommends appropriate placements in
residential programs administered by the department or type B
area agencies.
(9) 'Protective services' means a service to be provided by the
department directly or through type B area agencies, in response
to the need for protection from harm or neglect to elderly
persons and persons with disabilities.
(10) 'Title XIX' means long term care and health services
programs in Title XIX of the Social Security Act available to
elderly persons and persons with disabilities.
(11) 'Type A area agency' means an area agency:
(a) For which either the local government or the area agency
board does not agree to accept local administrative
responsibility for Title XIX; and
(b) That provides a service to elderly persons.
(12) 'Type B area agency' means an area agency:
(a) For which the local government agrees to accept local
administrative responsibility for Title XIX;
(b) That provides a service to elderly persons or to elderly
persons and persons with disabilities who require services
similar to those required by elderly persons; and
(c) That uses the term 'disabled services' or 'disability
services' in its title to communicate the fact that it provides
services to both populations described in paragraph (b) of this
subsection.
SECTION 38. ORS 410.060 is amended to read:
410.060. (1) It is the policy of the State of Oregon that
persons with disabilities served by the Department of Human
Services shall also receive necessary services, as appropriate
for their needs, from other state agencies.
(2) In carrying out the provisions in subsection (1) of this
section, the Department of Human Services shall negotiate
interagency agreements and coordinate services with the
Employment Department and the Department of Education for the
provision of appropriate services to clients of the Department of
Human Services who have disabilities.
(3)(a) Prior to approval of an appropriate living arrangement,
as defined in ORS 410.040, administered by the Department of
Human Services, all persons with disabilities shall be assessed
by preadmission screening to ensure the appropriateness of the
living arrangement.
(b) If a person with a disability is diagnosed as, or is
reasonably believed to be, a person with { - mental retardation
or - } a developmental disability, preadmission screening shall
include an assessment by the Developmental Disability Diagnosis
and Evaluation Service established under ORS 427.104.
(4) The Department of Human Services in coordination with the
Department of Education shall work with nursing homes that have
one or more residents under 18 years of age to develop a program
appropriate to the needs of those residents.
SECTION 39. ORS 430.212 is amended to read:
430.212. (1) The Department of Human Services shall establish a
process by rule that implements the reconnection of family
members with an individual with a developmental disability as
defined in ORS { - 427.330 - } { + 427.005 + }.
(2) The rules adopted under subsection (1) of this section
shall include a process that provides guidance for the release of
information about the individual to family members when:
(a) The individual is incapable of providing consent for the
release of information;
(b) The individual does not have a guardian or any
representative designated by the individual who is authorized to
release information; and
(c) The release of information is in the best interests of the
individual as determined by the department.
SECTION 40. ORS 480.225 is amended to read:
480.225. (1) A person is eligible for a certificate of
possession under ORS 480.235 if:
(a) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of a misdemeanor involving
violence, as defined in ORS 166.470, within the previous four
years. A person who has been so convicted is eligible under this
subsection following the expiration of seven years after the date
of final and unconditional discharge from all imprisonment,
probation and parole resulting from the conviction.
(b) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of, and is not under indictment
for, any felony.
(c) The person is not a fugitive from justice, has no
outstanding warrants for arrest and is not free on any form of
pretrial release for any offenses listed in paragraphs (a) and
(b) of this subsection.
(d) The person has not been determined to be mentally ill under
ORS 426.130 and 430.397 to 430.401 or { - mentally retarded - }
{ + to have an intellectual disability + } under ORS 427.290. A
person who previously has been so determined is eligible under
this subsection if, at the time of application for such a
certificate, the person produces a certified copy of a full
discharge from the proper state hospital. The Oregon Health
Authority shall provide the State Fire Marshal with direct
electronic access to the authority's database of information
identifying persons meeting the criteria of this section who were
committed or subject to an order under ORS 426.130. The State
Fire Marshal and the authority shall enter into an agreement
describing the access to information under this subsection.
(e) The person is at least 21 years of age.
(f) The person does not use a fictitious name or make a
material misrepresentation in application for such a certificate.
(g)(A) The person has not been convicted of, and is not under
indictment for, a criminal offense involving a controlled
substance as defined in ORS 475.005, other than the offense of
driving under the influence of intoxicants.
(B) Notwithstanding subparagraph (A) of this paragraph, a
person who has had a certificate denied or revoked due to
conviction of a criminal offense involving a controlled substance
is eligible under this section following the expiration of seven
years after the date of final and unconditional discharge from
all imprisonment, probation and parole resulting from the
conviction.
(h) The person has been discharged from the jurisdiction of the
juvenile court for more than four years for an act that, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470.
(i) The person is not the subject of a restraining order that
alleges the person's possession of explosives presents a credible
threat to another person.
(j) The person has passed an examination administered by the
State Fire Marshal that assesses the person's knowledge of safety
in the transportation and storage of explosives as required under
federal and state laws and regulations pertaining to explosives.
The State Fire Marshal shall examine each applicant prior to
issuance of a certificate of possession to the applicant. The
State Fire Marshal may by rule establish and collect an
examination fee in an amount necessary to cover the cost of
administering the examination.
(k) The person certifies on the application for a certificate
of possession that all explosives in the person's possession will
be used, stored and transported in accordance with federal, state
and local requirements.
(L) The person certifies that all explosives will be possessed,
used, stored and transported in accordance with federal, state
and local requirements.
(2) Subsection (1)(a) and (b) of this section does not apply to
a conviction or indictment that has been expunged from a person's
record under the laws of this state or equivalent laws of another
jurisdiction.
SECTION 41. ORS 680.205 is amended to read:
680.205. (1) A dental hygienist issued a permit to act as a
limited access permit dental hygienist under ORS 680.200 shall be
authorized to render all services within the scope of practice of
dental hygiene, as defined in ORS 679.010, without the
supervision of a dentist and as authorized by the limited access
permit to:
(a) Patients or residents of the following facilities or
programs who, due to age, infirmity or disability, are unable to
receive regular dental hygiene treatment:
(A) Nursing homes as defined in ORS 678.710;
(B) Adult foster homes as defined in ORS 443.705;
(C) Residential care facilities as defined in ORS 443.400;
(D) Adult congregate living facilities as defined in ORS
441.525;
(E) Mental health residential programs administered by the
Oregon Health Authority;
(F) Facilities for mentally ill persons, as those terms are
defined in ORS 426.005;
(G) Facilities for persons with { - mental retardation - }
{ + developmental disabilities + }, as those terms are defined
in ORS 427.005;
(H) Local correctional facilities and juvenile detention
facilities as those terms are defined in ORS 169.005, regional
correctional facilities as defined in ORS 169.620, youth
correction facilities as defined in ORS 420.005, youth care
centers as defined in ORS 420.855, and Department of Corrections
institutions as defined in ORS 421.005; or
(I) Public and nonprofit community health clinics.
(b) Adults who are homebound.
(c) Students or enrollees of nursery schools and day care
programs and their siblings under 18 years of age, Job Corps and
other similar employment training facilities, primary and
secondary schools, including private schools and public charter
schools, and persons entitled to benefits under the Women,
Infants and Children Program.
(d) Patients in hospitals, medical clinics, medical offices or
offices operated or staffed by nurse practitioners, physician
assistants or midwives.
(2) The Oregon Board of Dentistry may authorize the provision
of dental hygiene services by a limited access permit dental
hygienist at locations or to populations that are underserved or
lack access to dental hygiene services.
(3) At least once each calendar year, a dental hygienist issued
a permit to act as a limited access permit dental hygienist shall
refer each patient or resident to a dentist who is available to
treat the patient or resident.
(4) This section does not authorize a limited access permit
dental hygienist to administer local anesthesia or temporary
restorations except under the general supervision of a dentist
licensed under ORS chapter 679, or to administer nitrous oxide
except under the indirect supervision of a dentist licensed under
ORS chapter 679.
(5) A limited access permit dental hygienist may assess the
need for and appropriateness of sealants, apply sealants and
write prescriptions for all applications of fluoride in which
fluoride is applied or supplied to patients.
(6) A person granted a limited access permit under ORS 680.200
shall also procure all other permits or certificates required by
the board under ORS 679.250.
SECTION 42. { + Sections 1 to 3 of this 2011 Act and ORS
427.007 and 430.218 are added to and made a part of ORS chapter
427. + }
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