Bill Text: OR SB22 | 2013 | Regular Session | Enrolled
Bill Title: Relating to services to individuals with developmental disabilities; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-04-12 - Effective date, April 11, 2013. [SB22 Detail]
Download: Oregon-2013-SB22-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 22
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Human Services)
CHAPTER ................
AN ACT
Relating to services to individuals with developmental
disabilities; creating new provisions; amending ORS 113.085,
116.253, 118.525, 132.090, 162.135, 179.010, 179.321, 179.325,
179.331, 179.360, 179.370, 179.375, 179.380, 179.385, 179.390,
179.405, 179.450, 179.460, 179.473, 179.478, 179.479, 179.490,
179.492, 179.505, 179.509, 179.610, 179.620, 179.640, 179.653,
179.655, 179.660, 179.701, 179.711, 179.731, 314.840, 314.865,
410.060, 412.094, 426.330, 427.005, 427.007, 427.104, 427.105,
427.215, 427.235, 427.290, 427.293, 427.300, 427.306, 427.330,
427.345, 427.400, 428.205, 428.210, 428.220, 428.230, 428.240,
428.260, 428.270, 428.320, 430.010, 430.021, 430.205, 430.210,
430.215, 430.216, 430.620, 430.662, 430.672 and 547.045;
repealing ORS 427.010, 427.020, 427.031, 427.041, 427.051,
427.061, 427.108, 427.112, 427.175, 427.180, 427.185, 427.190,
427.195 and 427.205; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Facility' means any of the following that are licensed or
certified by the Department of Human Services or that contract
with the department for the provision of services:
(A) A health care facility as defined in ORS 442.015;
(B) A domiciliary care facility as defined in ORS 443.205;
(C) A residential facility as defined in ORS 443.400; or
(D) An adult foster home as defined in ORS 443.705.
(b) 'Person' means an individual who has a developmental
disability as defined in ORS 427.005 and receives services from a
program or facility.
(c) 'Program' means a community developmental disabilities
program as described in ORS 430.662 and agencies with which the
department or the program contracts to provide services.
(d) 'Service' means a community-based service described in ORS
427.007.
(2) While receiving developmental disability services, every
person shall have the right to:
(a) Be free from abuse or neglect and to report any incident of
abuse or neglect without being subject to retaliation.
(b) Be free from seclusion or personal, chemical or mechanical
restraints unless an imminent risk of physical harm to the person
Enrolled Senate Bill 22 (SB 22-B) Page 1
or others exists and only for as long as the imminent risk
continues.
(c) Not receive services without informed voluntary written
consent except in a medical emergency or as otherwise permitted
by law.
(d) Not participate in experimentation without informed
voluntary written consent.
(e) A humane environment that affords reasonable privacy and
the ability to engage in private communications with people of
the individual's choosing through personal visits, mail,
telephone or electronic means.
(f) Visit with family members, friends, advocates and legal and
medical professionals.
(g) Participate regularly in the community and use community
resources.
(h) Not be required to perform labor, except personal
housekeeping duties, without reasonable and lawful compensation.
(i) Seek a meaningful life by choosing from available services
and enjoying the benefits of community involvement and community
integration in a manner that is least restrictive to the person's
liberty considering the person's preferences and age.
(j) An individualized written service plan, services based upon
that plan and periodic review and reassessment of service needs.
(k) Ongoing participation in the planning of services,
including the right to participate in the development and
periodic revision of the plan for services, the right to be
provided with an explanation of all service considerations in a
manner that ensures meaningful individual participation and the
right to invite others of the person's choosing to participate in
the plan for services.
(L) Not be involuntarily terminated or transferred from
services without prior notice, notification of available sources
of necessary continued services and exercise of a grievance
procedure.
(m) Be informed at the start of services and annually
thereafter of the rights guaranteed by this section, the contact
information for the protection and advocacy system described in
ORS 192.517 (1), and the procedures for filing grievances,
hearings or appeals if services have been or are proposed to be
reduced, eliminated or changed.
(n) Be encouraged and assisted in exercising all legal rights.
(o) Assert grievances with respect to infringement of the
rights described in this section, including the right to have
such grievances considered in a fair, timely and impartial
grievance procedure without any form of retaliation or
punishment.
(p) Manage the person's own money and financial affairs unless
that right has been taken away by court order or other legal
procedure.
(q) Keep and use personal property and have a reasonable amount
of personal storage space.
(3) The rights described in this section are in addition to,
and do not limit, all other statutory and constitutional rights
that are afforded all citizens including, but not limited to, the
right to exercise religious freedom, vote, marry, have or not
have children, own and dispose of property, enter into contracts
and execute documents.
(4) A person who is receiving developmental disability services
has the right under ORS 430.212 to be informed and to have the
person's guardian and any representative designated by the person
Enrolled Senate Bill 22 (SB 22-B) Page 2
be informed that a family member has contacted the department to
determine the location of the person, and to be informed of the
name and contact information, if known, of the family member.
(5) The rights described in this section may be asserted and
exercised by the person, the person's guardian and any
representative designated by the person.
(6) Nothing in this section may be construed to alter any legal
rights and responsibilities between parent and child.
(7) The department shall adopt rules concerning the rights
described in this section that are consistent with the directives
set forth in ORS 427.007. + }
SECTION 2. { + The Department of Human Services shall promote
dispute resolution procedures for persons receiving developmental
disability services from the department, including but not
limited to grievance procedures, contested case hearings and
mediation. An individual who files a grievance may also use other
dispute resolution procedures. + }
SECTION 3. 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 430.664 to persons with intellectual disabilities or other
developmental disabilities.
(4) 'Developmental disability' means an 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.
(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 - }
{ + a facility + }.
(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 - }
{ + that + } the Department of Human Services approves to
provide necessary services to persons with intellectual
disabilities or other developmental disabilities.
Enrolled Senate Bill 22 (SB 22-B) Page 3
(7) 'Incapacitated' means a person is unable, without
assistance, to properly manage or take care of personal
affairs { + , including but not limited to financial and medical
decision-making, + } or is incapable, without assistance, of
self-care.
(8) 'Independence' means the extent to which persons with
intellectual disabilities or other developmental disabilities
exert control and choice over their own lives.
(9) 'Integration' means:
(a) Use by persons with 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 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 is 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.
(11) 'Intellectual functioning' means functioning as assessed
by one or more of the individually administered general
intelligence tests developed for the purpose.
(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 { + regular + } engagement in
income-producing work { + , preferable competitive employment
with supports and accommodations to the extent necessary, + } by
a person with an intellectual disability or another developmental
disability which is measured through improvements in income
level, employment status or job advancement or engagement by a
person with an intellectual disability or 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. - }
{ + (15) 'Service coordination' means person-centered
planning, case management, procuring, coordinating and monitoring
of services under an individualized support plan to establish
desired outcomes, determine needs and identify resources for a
person with developmental disabilities and advocating for the
person. + }
Enrolled Senate Bill 22 (SB 22-B) Page 4
(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 any facility that is
an intermediate care facility for the mentally retarded as
defined in 42 U.S.C. 1396d(d). - }
{ - (18) - } { + (17) + } '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 - } { + person's + } specified
needs in the areas of physical, emotional, intellectual and
social growth.
{ - (19) - } { + (18) + } 'Treatment' means the provision
of specific physical, mental, social interventions and therapies
{ - which - } { + that + } halt, control or reverse processes
that cause, aggravate or complicate malfunctions or dysfunctions.
SECTION 4. ORS 427.007 is amended to read:
427.007. { - (1) The Legislative Assembly finds and declares
that a significant number of persons with 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 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 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 intellectual disabilities or other developmental
disabilities. - }
{ + (1)(a) Individuals with intellectual and other
developmental disabilities and society as a whole benefit when
the individuals exercise choice and self-determination, living
and working in the most integrated community settings appropriate
to their needs, with supportive services that are designed and
implemented consistent with the choice of the individuals
regarding services, providers, goals and activities. Individuals
with developmental disabilities, together with their families and
advocates, must play a major role in the planning, designing,
funding, operation and monitoring of community services. These
services should be ultimately focused on the outcomes of
independence, integration and productivity.
Enrolled Senate Bill 22 (SB 22-B) Page 5
(b) The employment of individuals with developmental
disabilities in fully integrated work settings is the highest
priority over unemployment, segregated employment, facility-based
employment or day habilitation.
(c) Support for families with children who have developmental
disabilities must be based upon principles of choice and
self-determination, with families receiving the support they need
to support their children at home. If a child with a
developmental disability cannot remain safely at home even with
supportive services, the child should live in a family-like
setting with the ability to remain closely connected to the
child's family.
(d) Therefore, the Department of Human Services is directed to
facilitate, provide or contract for 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. + }
(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, - } { + personal support workers and adult foster home
providers, + } community provider organizations, state and local
education officials and community { - mental health departments
or - } { + developmental disabilities + } programs. Such plans
shall include, where appropriate:
{ - (a) Proposals for the decrease in the number of persons
with 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) - } { + (a) + } 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 - } { + eligible for and needing
developmental disability services + } 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
Enrolled Senate Bill 22 (SB 22-B) Page 6
institutionalization of persons with 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 intellectual
disabilities or other developmental disabilities.
{ - (c) - } { + (b) + } Proposals for the location of
community-based services for persons with 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 - } { + that + } 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 - } { + service coordination that ensures + } an
orderly movement of persons with 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 - } { + ensures + } an
effective system of service delivery to persons with 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 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 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 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) - } { + (b) + } { - The development of - }
Specific standards for each component within the array of
services { - , - } for persons with intellectual disabilities
or other developmental disabilities, either operated or supported
by the department { - and assure - } { + , that ensure + } 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 an intellectual disability or
another developmental disability has access to family support
services, and that each person with an intellectual disability or
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.
Enrolled Senate Bill 22 (SB 22-B) Page 7
Specific services proposed for the person shall be identified in
an individual { - habilitation - } { + support + } plan or in
a family support service plan.
(5) Subject to available funds, the department shall determine
the content of individual { - habilitation - }
{ + support + } 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 5. 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 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) Contract with each community developmental
disabilities program to determine the eligibility of individuals
to receive developmental disability services; + }
{ - (1) - } { + (2) + } Provide consultation and training
to community developmental disabilities programs in { - the
development of local diagnosis and evaluation services - } { +
determining eligibility for developmental disability
services + };
{ - (2) - } { + (3) + } Develop and periodically revise
{ - department standards and procedures for diagnosis and
evaluation - } { + rules for determining eligibility for
developmental disability + } services;
{ - (3) - } { + (4) + } Coordinate diagnostic evaluations
statewide to minimize duplication of tests and examinations; { +
and + }
{ - (4) Approve applications for admission to 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 a state training center is appealed by the person, the parents
or legal guardian of the person; - }
{ - (6) - } { + (5) + } Provide consultation to appropriate
agencies and individuals regarding persons evaluated { + to
receive developmental disability services. + } { - ; and - }
{ - (7) Process and coordinate all placements of residents
from state training centers. - }
SECTION 6. ORS 427.105 is amended to read:
427.105. (1) Pursuant to rules of the Department of Human
Services, a diagnostic evaluation { - shall - } { + conducted
to determine eligibility for developmental disability services
may + } include, but { + is + } not { - be - } limited to,
the following:
(a) A social history;
(b) A psychological evaluation, including an appropriate
individual test of intellectual capacity, an academic achievement
test, a social development assessment and an adaptive behavior
assessment; { + and + }
Enrolled Senate Bill 22 (SB 22-B) Page 8
(c) A medical evaluation including { + , if practicable, + }
prenatal, natal, early postnatal and other past and family
history { + . + } { - , a complete physical examination
including tests of visual function, and any specialized
examinations necessary; - }
{ - (d) A speech and hearing screening; and - }
{ - (e) A dental screening. - }
(2) The diagnostic evaluation shall also attempt to determine
the existence of { - related conditions such as - } { + a
developmental disability, such as an intellectual disability, + }
epilepsy, cerebral palsy { - , - } { + or + } autism { + , + }
and specific learning disorders and to outline the most
appropriate services for the treatment and training of the
person, whether those services are immediately available or not.
(3) A facility approved by the department to conduct diagnostic
evaluations may contract with qualified persons to perform
components of the evaluation.
SECTION 7. ORS 427.215 is amended to read:
427.215. For the purposes of ORS { - 427.061 and - } 427.235
to 427.290, 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 8. ORS 427.235 is amended to read:
427.235. (1) Any two persons may notify 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 a person with an intellectual disability
under ORS 3.275, that a person within the county 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 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 427.290 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 person alleged to have an
intellectual disability, where possible, in the home of the
person or other place familiar to the person. Further
investigation if warranted shall include a diagnostic evaluation
as { - defined - } { + described + } in ORS 427.105 and may
also include interviews with the person's relatives, neighbors,
Enrolled Senate Bill 22 (SB 22-B) Page 9
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 - } { + Department of Human
Services + } and to the person alleged to have an intellectual
disability and, if the person is a minor or incapacitated, to the
parents or guardian of the person 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 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 person alleged to have an
intellectual disability.
SECTION 9. 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 has an intellectual disability
and because of 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 in need of commitment for
residential care, treatment and training, the person shall be
discharged. If in the opinion of the court the person has, by
clear and convincing evidence, an intellectual disability and is
in need of commitment for residential care, treatment and
training, the court may order as follows:
(1) If the 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 person
requests that the relative, friend or legal guardian be allowed
to care for the person for a period of one year in a place
satisfactory to the court and shows that the relative, friend or
legal guardian is able to care for the person and that there are
adequate financial resources available for the care of the
person, the court may commit the person and order that the 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 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 person.
(3) If in the opinion of the court voluntary treatment and
training or conditional release is not in the best interest of
the 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
Enrolled Senate Bill 22 (SB 22-B) Page 10
continuing commitment pursuant to ORS { - 427.020 - } { +
427.235 to 427.290 + }.
(4) If in the opinion of the court the 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 10. ORS 427.293 is amended to read:
427.293. (1) In any proceeding conducted under ORS 427.235 to
427.290, the court may not disclose any part of the record,
including any report submitted to the court under ORS
427.270 { + , + } to any person except:
(a) The court shall, pursuant to rules adopted by the
Department of State Police, transmit the minimum information
necessary, as defined in ORS 181.740, to the Department of State
Police for persons described in ORS 181.740 (1)(c) to enable the
department to maintain the information and transmit the
information to the federal government as required under federal
law;
(b) On request of the person subject to the proceeding;
(c) On request of the person's legal representative or the
attorney for the person or the state; or
(d) Pursuant to court order.
(2) In any proceeding described in subsection (1) of this
section that is before the Supreme Court or the Court of Appeals,
the limitations on disclosure imposed by this section apply to
the appellate court record and to the trial court record while it
is in the appellate court's custody. The appellate court may
disclose information from the trial or appellate court record in
a decision, as defined in ORS 19.450, provided that the court
uses initials, an alias or some other convention for protecting
against public disclosure the identity of the person who is
alleged to have { - mental retardation - } { + an
intellectual disability + }.
SECTION 11. ORS 427.300 is amended to read:
427.300. (1) The Department of Human Services may, at its
discretion, direct any 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) { + (a) + } At any time, for good cause and in the best
interest of the person, the department may decide to transfer
{ - a resident - } { + the person + } from one facility to
another or discharge { - a resident - } { + the person + } 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. - }
Enrolled Senate Bill 22 (SB 22-B) Page 11
{ + (b) At least 30 days prior to the transfer or discharge,
the department shall notify, by regular mail, the person and the
parent, guardian or other individual entitled to custody of the
person of the decision to transfer or discharge. The notice must
inform the person of the right to appeal the department's
decision to transfer or discharge. In the case of a medical
emergency, the department is not required to give 30 days' notice
but shall give the notice as soon as possible under the
circumstances. The department shall define 'medical emergency' by
rule, including but not limited to an increase in the level of
needed care or the person engaging in a behavior that poses an
imminent danger to self or others.
(c) Except in a medical emergency, the person has the right to
an administrative hearing prior to an involuntary transfer or
discharge. ORS 441.605 (4) and the department's rules governing
transfer notices and hearings for residents of long term care
facilities apply to a transfer or discharge under this section.
If the person is being transferred or discharged for a medical
emergency, the hearing must be held no later than seven days
after the transfer or discharge. The department shall maintain a
space in the facility for the person pending the administrative
order. + }
(3) The department, pursuant to its rules, may delegate to a
community developmental disabilities program director the
responsibility for assignment of persons with intellectual
disabilities to suitable facilities or transfer between such
facilities under conditions { - which - } { + that + } 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 12. ORS 427.306 is amended to read:
427.306. (1) A person, not incarcerated upon a criminal charge,
who has been alleged or adjudged 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) A person alleged or adjudged 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, may not be confined without an attendant in charge of the
person. If the person is not confined in a { - community - }
hospital { + or a facility + }, the community developmental
disabilities program director or sheriff having the person in
custody shall select some suitable { - person - } { +
individual + } 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 13. 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) - } { + (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
Enrolled Senate Bill 22 (SB 22-B) Page 12
provide care for individuals with intellectual disabilities or
other developmental disabilities; and
{ - (B) - } { + (b) + } A single-family home or
multiple-unit residential housing that an individual with 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) 'Equipment' means furnishings, fixtures, appliances,
special adaptive equipment or supplies that are used or could be
used to provide care in community housing.
(5) 'Family member' means an individual who is related by blood
or marriage to an individual with an intellectual disability or
other developmental disability.
(6) 'Financial assistance' means a grant or loan to pay
expenses incurred to provide community housing.
(7) 'Housing provider' means an individual or entity that
provides community housing.
SECTION 14. ORS 427.345 is amended to read:
427.345. { + (1) As used in this section, 'state training
center' means any facility that is an intermediate care facility
for the mentally retarded as defined in 42 U.S.C. 1396d(d). + }
{ - (1) - } { + (2) + } When the Department of Human
Services sells any surplus real property owned by the department
and used as a state training center, the sale price shall equal
or exceed the fair market value of the property.
{ - (2) - } { + (3) + } The proceeds from the sale of any
real property owned by the department and used as a state
training center shall be applied under the provisions of ORS
427.340 (2).
SECTION 15. ORS 427.400 is amended to read:
427.400. As used in this section and ORS 427.402 and 427.410:
(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:
Enrolled Senate Bill 22 (SB 22-B) Page 13
(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) - } { +
section 1 (2)(i), (j) and (k) of this 2013 Act + } 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
Enrolled Senate Bill 22 (SB 22-B) Page 14
(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 ORS 427.402 and 427.410.
SECTION 16. ORS 428.205 is amended to read:
428.205. It is declared to be the policy and intent of the
Legislative Assembly that whenever a person physically present in
the State of Oregon is in need of institutionalization by reason
of mental illness or { - mental retardation - } { + in need
of residential care, treatment or training by reason of an
intellectual disability + }, the person shall be eligible for
care and treatment in an institution { + or facility + } of the
State of Oregon irrespective of the residence of the person,
settlement or citizenship qualifications.
SECTION 17. ORS 428.210 is amended to read:
428.210. As used in ORS 428.210 to 428.270:
(1) 'Authority' means the Oregon Health Authority.
(2) 'Department' means the Department of Human Services.
{ + (3) 'Facility' has the meaning given that term in ORS
427.005. + }
{ - (3) - } { + (4) + } 'Foreign hospital' means an
institution in any other state { - which - } { + that + }
corresponds to { - the institutions defined in subsection (8)
of this section - } { + a state hospital + }.
{ - (4) - } { + (5) + } 'Nonresident' means any person who
is not a resident of this state { - as defined in subsection
(7) of this section - } .
{ - (5) - } { + (6) + } 'Other state' includes all the
states, territories, possessions, commonwealths and agencies of
the United States and the District of Columbia, with the
exception of the State of Oregon.
{ - (6) - } { + (7) + } 'Patient' means any person who has
been committed by a court of competent jurisdiction { + to a
facility pursuant to ORS 427.235 to 427.290 or + } to a state
hospital, except a person committed to a state hospital pursuant
to ORS { - 136.150 (1969 Replacement Part), 136.160 (1969
Replacement Part), - } 161.341 or 161.370.
{ - (7) - } { + (8) + } 'Resident of this state' means a
person who { - has lived in this state continuously for a
period of one year - } { + resides in this state + } and who
has not acquired legal residence in any other state { - by
living continuously therein for at least one year subsequent to
the residence of the person in this state - } . However, a
service man or woman on active duty in the Armed Forces of the
United States who was domiciled in Oregon upon entry into active
duty and who has acquired no other domicile shall be entitled to
have his or her { - children - } { + child + } considered a
Enrolled Senate Bill 22 (SB 22-B) Page 15
resident of this state so long as no other domicile is acquired
by the service man or woman.
{ - (8) - } { + (9) + } 'State hospital' means any
institution listed in ORS 426.010 { - or 427.010 - } .
SECTION 18. ORS 428.220 is amended to read:
428.220. (1) In determining whether or not any person committed
by a court of competent jurisdiction to a state
hospital { + , + } { - or - } foreign hospital { + or
facility + } is a resident of this state:
(a) The time spent in a state hospital or foreign hospital or
on parole { - therefrom - } { + from a state hospital or
foreign hospital, or in a facility + } shall not be counted in
determining the residence of such person in this or any other
state.
(b) The residence of such person at the time of commitment
shall remain the residence of the person for the duration of the
commitment of the person.
(2) The Department of Human Services may give written
authorization for the admission to { - the Eastern Oregon
Training Center - } { + a facility + } whenever:
(a) The residence of any person cannot be established after
reasonable and diligent investigation and effort.
(b) The peculiar circumstances of a case, in the judgment of
the department, provide a sufficient reason for the suspension of
the residence requirement provided by ORS 428.210 { - (7) - }
{ + (8) + }.
(3) The Oregon Health Authority may give written authorization
for the admission to the Blue Mountain Recovery Center or the
Oregon State Hospital whenever:
(a) The residence of any person cannot be established after
reasonable and diligent investigation and effort.
(b) The peculiar circumstances of a case, in the judgment of
the authority, provide a sufficient reason for the suspension of
the residence requirement provided by ORS 428.210 { - (7) - }
{ + (8) + }.
SECTION 19. ORS 428.230 is amended to read:
428.230. (1) Except as provided in ORS 428.205, 428.220 and
428.330, the Department of Human Services and the Oregon Health
Authority shall return nonresident patients to any other state in
which they may have legal residence.
(2) The department may give written authorization for the
return to { - the Eastern Oregon Training Center - } { + a
facility + } of a resident of Oregon who has been committed by a
court of competent jurisdiction to a foreign hospital.
(3) The { - superintendent of the Eastern Oregon Training
Center - } { + facility + } shall admit and care for any person
eligible for admission pursuant to subsection (2) of this section
or ORS 428.220 (2) upon receipt of a certified copy of the
commitment papers and the written authorization of the
department.
(4) The authority may give written authorization for the return
to the Blue Mountain Recovery Center or the Oregon State Hospital
of a resident of Oregon who has been committed by a court of
competent jurisdiction to a foreign hospital.
(5) The superintendent of the Blue Mountain Recovery Center or
the Oregon State Hospital shall admit and care for any person
eligible for admission pursuant to subsection (4) of this section
or ORS 428.220 (3) upon receipt of a certified copy of the
commitment papers and the written authorization of the authority.
SECTION 20. ORS 428.240 is amended to read:
Enrolled Senate Bill 22 (SB 22-B) Page 16
428.240. (1) For the purpose of facilitating the return of
nonresident patients, the Department of Human Services may enter
into a reciprocal agreement with any other state for the mutual
exchange of persons committed by a court of competent
jurisdiction to { - the Eastern Oregon Training Center - }
{ + a facility pursuant to ORS 427.235 to 427.290 + } or
{ + to + } a foreign hospital, whose legal residence is in the
other's jurisdiction.
(2) For the purpose of facilitating the return of nonresident
patients, the Oregon Health Authority may enter into a reciprocal
agreement with any other state for the mutual exchange of persons
committed by a court of competent jurisdiction to the Blue
Mountain Recovery Center, the Oregon State Hospital or a foreign
hospital, whose legal residence is in the other's jurisdiction.
(3) In such agreements, the department or authority may:
(a) Only for purposes of mutual exchange with the other state,
vary the period of residence required by ORS 428.210
{ - (7) - } { + (8) + }.
(b) Provide for the arbitration of disputes arising out of the
mutual exchange of such persons between this state and any other
state.
SECTION 21. ORS 428.260 is amended to read:
428.260. (1) For the purpose of carrying out the provisions of
ORS 428.210 to 428.270, the Department of Human Services or the
Oregon Health Authority may employ all help necessary in
arranging for and transporting nonresident patients.
(2) The cost and expense of providing such assistance and all
expenses incurred in effecting the transportation of such
patients shall be paid from funds appropriated for that purpose
upon vouchers approved by the department, the authority or the
superintendent of { - the Eastern Oregon Training Center, - }
the Blue Mountain Recovery Center or the Oregon State Hospital.
SECTION 22. ORS 428.270 is amended to read:
428.270. (1) Any person, except an officer, agent or employee
of a common carrier acting in the line of duty, who brings or in
any way aids in bringing into this state any patient without the
written authorization of the Department of Human Services or the
Oregon Health Authority, shall be liable to this state for all
expenses incurred in the care of such patient and in the
transportation of such patient to the other state where the
patient legally resides.
(2) Hospitals { - and sanitariums - } , other than state
hospitals, that care for and treat persons with mental illness
{ - or mental retardation - } shall be responsible for the
return of those persons to their places of residence or domicile
outside the state if they are brought into this state for
treatment and care and are discharged from such institutions
without being fully recovered.
(3) Failure to comply with the provisions of subsection (2) of
this section shall render the person operating the hospital
{ - or sanitarium - } liable to reimburse the state for all
expenses incurred in the care, maintenance and return of the
persons with mental illness { - or mental retardation - } to
their places of residence or domicile outside the state.
SECTION 23. ORS 428.320 is amended to read:
428.320. (1) When the person who is the subject of the { +
Interstate + } Compact { + on Mental Health + } is being
transported to or from { - the Eastern Oregon Training
Center - } { + a facility + }, the Department of Human Services
shall carry out the duties of compact administrator, may
Enrolled Senate Bill 22 (SB 22-B) Page 17
{ - promulgate - } { + adopt + } rules { - and
regulations - } to carry out more effectively the terms of the
compact, and may enter into supplementary agreements with
appropriate officials of other states pursuant to Articles VII
and XI of the compact. The power of termination of the compact
formerly vested in the Board of Control under ORS 428.310 is
vested in the department.
(2) When the person who is the subject of the compact is being
transported to or from the Blue Mountain Recovery Center or the
Oregon State Hospital, the Oregon Health Authority shall carry
out the duties of compact administrator, may { - promulgate - }
{ + adopt + } rules { - and regulations - } to carry out more
effectively the terms of the compact, and may enter into
supplementary agreements with appropriate officials of other
states pursuant to Articles VII and XI of the compact. The power
of termination of the compact formerly vested in the Board of
Control under ORS 428.310 is vested in the authority.
SECTION 24. ORS 430.010 is amended to read:
430.010. As used in { - ORS 430.010 to 430.050, 430.140,
430.160, 430.165, 430.265 and 430.610 to 430.695 - } { + this
chapter + }:
{ - (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. - }
{ - (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. - }
{ - (6) - } { + (1) + } '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
Enrolled Senate Bill 22 (SB 22-B) Page 18
(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.
{ + (2) 'Residential facility' 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. + }
SECTION 25. ORS 430.021 is amended to read:
430.021. Subject to ORS 417.300 and 417.305:
(1) The Department of Human Services shall { + directly or
through contracts with private entities, counties under ORS
430.620 or other public entities + }:
(a) Direct, promote, correlate and coordinate all the
activities, duties and direct services for persons with
developmental disabilities.
(b) Promote, correlate and coordinate the developmental
disabilities activities of all governmental organizations
throughout the state in which there is any direct contact with
developmental disabilities programs.
(c) Establish, coordinate, assist and direct a community
developmental disabilities program in cooperation with local
government units and integrate such a program with the state
developmental disabilities program.
(d) Promote public education in this state concerning
developmental disabilities and act as the liaison center for work
with all interested public and private groups and agencies in the
field of developmental disabilities services.
(2) The Oregon Health Authority shall { + directly or by
contract with private or public entities + }:
(a) Direct, promote, correlate and coordinate all the
activities, duties and direct services for persons with mental or
emotional disturbances, alcoholism or drug dependence.
(b) Promote, correlate and coordinate the mental health
activities of all governmental organizations throughout the state
in which there is any direct contact with mental health programs.
(c) Establish, coordinate, assist and direct a community mental
health program in cooperation with local government units and
integrate such a program with the state mental health program.
(d) Promote public education in this state concerning mental
health and act as the liaison center for work with all interested
public and private groups and agencies in the field of mental
health services.
(3) The department and the authority shall develop cooperative
programs with interested private groups throughout the state to
effect better community awareness and action in the fields of
mental health and developmental disabilities, and encourage and
Enrolled Senate Bill 22 (SB 22-B) Page 19
assist in all necessary ways community general hospitals to
establish psychiatric services.
(4) To the greatest extent possible, the least costly settings
for treatment, outpatient services and residential facilities
shall be widely available and utilized except when
contraindicated because of individual health care needs. State
agencies that purchase treatment for mental or emotional
disturbances shall develop criteria consistent with this policy.
In reviewing applications for certificates of need, the Director
of the Oregon Health Authority shall take this policy into
account.
(5) The department and the authority shall accept the custody
of persons committed to its care by the courts of this state.
(6) The authority shall adopt rules to require a facility and a
nonhospital facility as those terms are defined in ORS 426.005,
and a provider that employs a person described in ORS 426.415, if
subject to authority rules regarding the use of restraint or
seclusion during the course of mental health treatment of a child
or adult, to report to the authority each calendar quarter the
number of incidents involving the use of restraint or seclusion.
The aggregate data shall be made available to the public.
SECTION 26. ORS 430.205 is amended to read:
430.205. As used in this section and ORS 430.210:
(1) 'Facility' means any of the following that are licensed or
certified by { - the Department of Human Services or - } the
Oregon Health Authority or that contract with the
{ - department or - } authority for the provision of services:
(a) A health care facility as defined in ORS 442.015;
(b) A domiciliary care facility as defined in ORS 443.205;
(c) A residential facility as defined in ORS 443.400; or
(d) An adult foster home as defined in ORS 443.705.
(2) 'Person' means an individual who has a mental illness
{ - or developmental disability - } and receives services from
a program or facility.
(3) 'Program' means a community mental health program { - or
a community developmental disabilities program as described in
ORS 430.610 to 430.695 - } and agencies with which the program
contracts to provide services.
(4) 'Services' means mental health services { - or
developmental disabilities services - } provided under ORS
430.630
{ - or 430.664 - } .
SECTION 27. ORS 430.210 is amended to read:
430.210. (1) While receiving services, every person shall have
the right to:
(a) Choose from available services those which are appropriate,
consistent with the plan developed in accordance with paragraphs
(b) and (c) of this subsection and provided in a setting and
under conditions that are least restrictive to the person's
liberty, that are least intrusive to the person and that provide
for the greatest degree of independence.
(b) An individualized written service plan, services based upon
that plan and periodic review and reassessment of service needs.
(c) Ongoing participation in planning of services in a manner
appropriate to the person's capabilities, including the right to
participate in the development and periodic revision of the plan
described in paragraph (b) of this subsection, and the right to
be provided with a reasonable explanation of all service
considerations.
Enrolled Senate Bill 22 (SB 22-B) Page 20
(d) Not receive services without informed voluntary written
consent except in a medical emergency or as otherwise permitted
by law.
(e) Not participate in experimentation without informed
voluntary written consent.
(f) Receive medication only for the person's individual
clinical needs.
(g) Not be involuntarily terminated or transferred from
services without prior notice, notification of available sources
of necessary continued services and exercise of a grievance
procedure.
(h) A humane service environment that affords reasonable
protection from harm, reasonable privacy and daily access to
fresh air and the outdoors, except that such access may be
limited when it would create significant risk of harm to the
person or others.
(i) Be free from abuse or neglect and to report any incident of
abuse without being subject to retaliation.
(j) Religious freedom.
(k) Not be required to perform labor, except personal
housekeeping duties, without reasonable and lawful compensation.
(L) Visit with family members, friends, advocates and legal and
medical professionals.
{ - (m) Exercise all rights set forth in ORS 427.031 if the
individual is committed to the Department of Human Services. - }
{ - (n) - } { + (m) + } Exercise all rights set forth in
ORS 426.385 if the individual is committed to the Oregon Health
Authority.
{ - (o) - } { + (n) + } Be informed at the start of
services and periodically thereafter of the rights guaranteed by
this section and the procedures for reporting abuse, and to have
these rights and procedures, including the name, address and
telephone number of the system described in ORS 192.517 (1),
prominently posted in a location readily accessible to the person
and made available to the person's guardian and any
representative designated by the person.
{ - (p) - } { + (o) + } Assert grievances with respect to
infringement of the rights described in this section, including
the right to have such grievances considered in a fair, timely
and impartial grievance procedure.
{ - (q) - } { + (p) + } Have access to and communicate
privately with any public or private rights protection program or
rights advocate.
{ - (r) - } { + (q) + } Exercise all rights described in
this section without any form of reprisal or punishment.
{ - (2) An individual who is receiving developmental
disability services under ORS 430.664 has the right to be
informed and have the individual's guardian and any
representative designated by the individual be informed that a
family member has contacted the Department of Human Services to
determine the location of the individual, and to be informed of
the name and contact information, if known, of the family
member. - }
{ - (3) - } { + (2) + } The rights described in this
section are in addition to, and do not limit, all other statutory
and constitutional rights { - which - } { + that + } are
afforded all citizens including, but not limited to, the right to
vote, marry, have or not have children, own and dispose of
property, enter into contracts and execute documents.
Enrolled Senate Bill 22 (SB 22-B) Page 21
{ - (4) - } { + (3) + } The rights described in this
section may be asserted and exercised by the person, the person's
guardian and any representative designated by the person.
{ - (5) - } { + (4) + } Nothing in this section may be
construed to alter any legal rights and responsibilities between
parent and child.
SECTION 28. ORS 430.215 is amended to read:
430.215. (1) The Department of Human Services shall be
responsible for planning, policy development, administration and
delivery of services to children with developmental disabilities
and their families. Services to children with developmental
disabilities may include, but are not limited to, case
management, family support, crisis and diversion services,
intensive in-home services, and residential and foster care
services. { + The department may deliver the services directly
or through contracts with private entities, counties under ORS
430.620 or other public entities. + }
(2) The Oregon Health Authority shall be responsible for
psychiatric residential and day treatment services for children
with mental or emotional disturbances.
SECTION 29. ORS 430.216 is amended to read:
430.216. (1) The Department of Human Services shall report to
each odd-numbered year regular session of the Legislative
Assembly:
(a) On the safety of individuals receiving developmental
disability services including, but not limited to:
(A) The average turnover of direct care workers in service
settings.
(B) A summary of the training provided by the department or its
contractors to direct care workers in service settings.
(C) A summary of the core competencies required of direct care
workers in service settings by the state for licensing or
certification.
(D) A summary of the average wages of direct care workers in
service settings, presented by type of services provided.
(E) The number of complaints of abuse filed as required by ORS
430.765 and received by the department under ORS 430.743,
reported by type of allegation.
(F) The number of direct care workers in service settings who
were subject to criminal or civil action involving an individual
with a developmental disability.
(G) The number of deaths, serious injuries, sexual assaults and
rapes alleged to have occurred in service settings.
(b) A schedule of all license fees and civil penalties
established by the department by rule pursuant to ORS 441.995,
443.455 and 443.790.
(2) The department shall provide the report described in
subsection (1)(a) of this section to the appropriate legislative
committees, the Oregon Council on Developmental Disabilities and
to the agency designated to administer the state protection and
advocacy system under ORS 192.517.
(3) As used in this section, 'service settings' means any of
the following that provide developmental disability services:
(a) An adult foster home as defined in ORS 443.705;
(b) A residential facility as defined in ORS 443.400;
(c) A location where home health services, as defined in ORS
443.005, are received by a resident;
(d) A location where in-home care services, as defined in ORS
443.305, are received by a resident; { + and + }
Enrolled Senate Bill 22 (SB 22-B) Page 22
{ - (e) An institution under the control of the department
under ORS 179.321; and - }
(f) A domiciliary care facility as defined in ORS 443.205.
SECTION 30. ORS 430.620 is amended to read:
430.620. (1) The county court or board of county commissioners,
or its representatives designated by it for the purpose, of any
county, on behalf of the county, may:
(a) { - In conformity with - } { + By contract with and
subject to + } the rules of the Department of Human Services,
establish and operate, or contract with a public agency or
private corporation for, a community developmental disabilities
program.
(b) In conformity with the rules of the Oregon Health
Authority, establish and operate, or contract with a public
agency or private corporation for, a community mental health
program.
(c) Cooperate, coordinate or act jointly with any other county
or counties or any appropriate officer or agency of such counties
in establishing and operating or contracting for a community
mental health program or community developmental disabilities
program to service all such counties in conformity with the
regulations of the department or the authority.
(d) Expend county moneys for the purposes referred to in
paragraph (a), (b) or (c) of this subsection.
(e) Accept and use or expend property or moneys from any public
or private source made available for the purposes referred to in
paragraph (a), (b) or (c) of this subsection.
(2) All officers and agencies of a county, upon request, shall
cooperate insofar as possible with the county court or board of
county commissioners, or its designated representatives, in
conducting programs and carrying on and coordinating activities
under subsection (1) of this section.
SECTION 31. ORS 430.662 is amended to read:
430.662. (1) The Department of Human Services, in carrying out
the legislative policy declared in ORS 430.610, subject to the
availability of funds, shall:
(a) { + Regulate and + } assist Oregon counties and groups of
Oregon counties in the establishment and financing of community
developmental disabilities programs operated or contracted for by
one or more counties.
(b) If a county declines to operate or contract for a community
developmental disabilities program, contract with another public
agency or private corporation to provide the program. The county
must be provided with an opportunity to review and comment.
(c) { - In an emergency situation - } When no community
developmental disabilities program is operating within a county,
operate the program or service { - on a temporary basis - } .
(d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community
developmental disabilities program in the same manner in which
the department contracts with a county court or board of county
commissioners.
(e) If { - a county agrees - } { + necessary to carry out
the legislative policy declared in ORS 430.610 + }, contract with
a public agency or private corporation { + , in cooperation with
the county, + } for { + some or + } all developmental
disabilities services.
(f) Approve or disapprove the biennial plan and budget
information for the establishment and operation of each community
Enrolled Senate Bill 22 (SB 22-B) Page 23
developmental disabilities program. Subsequent amendments to or
modifications of an approved plan or budget information involving
more than 10 percent of the state funds provided for services
under ORS 430.664 may not be placed in effect without prior
approval of the department. However, an amendment or modification
affecting 10 percent or less of state funds for services under
ORS 430.664 within the portion of the program for persons with
developmental disabilities may be made without department
approval.
(g) Make all necessary and proper rules to { - govern - }
{ + regulate + } the establishment and operation of community
developmental disabilities programs.
(2) The enumeration of duties and functions in subsection (1)
of this section may not be deemed exclusive or construed as a
limitation on the powers and authority vested in the department
by other provisions of law.
SECTION 32. ORS 430.672 is amended to read:
430.672. (1) { - Except for community mental health programs
or community developmental disabilities programs operated by the
county, - } A county may impose only standards, requirements and
conditions for mental health or developmental disabilities
programs that are substantially similar to the standards,
requirements and conditions established for such programs by the
Department of Human Services or the Oregon Health Authority.
(2) When a county contracts with a public agency or private
corporation for a community mental health program or community
developmental disabilities program, the county shall include in
the contract only terms that are substantially similar to model
contract terms developed by the authority under ORS 430.640 or
the department under ORS 430.662. The county may not add
contractual requirements, including qualifications for contractor
selection, that are nonessential to the services provided under
ORS 430.630 or 430.664. The county may add contract requirements
that the county considers necessary to ensure the siting and
maintenance of facilities of the community mental health program
or community developmental disabilities program.
(3) { - The provisions of - } Subsections (1) and (2) of
this section apply only insofar as funds are provided by the
department to the county for community developmental disabilities
programs or by the authority to the county for community mental
health programs { + and do not apply to programs operated by
counties without funding from the department or the
authority + }.
SECTION 33. ORS 113.085 is amended to read:
113.085. (1) Except as provided in subsection (2) of this
section, upon the filing of the petition, if there is no will or
there is a will and it has been proved, the court shall appoint a
qualified person it finds suitable as personal representative,
giving preference in the following order:
(a) The executor named in the will.
(b) The surviving spouse of the decedent or the nominee of the
surviving spouse of the decedent.
(c) The nearest of kin of the decedent or the nominee of the
nearest of kin of the decedent.
(d) The Director of Human Services or the Director of the
Oregon Health Authority, or an attorney approved under ORS
113.086, if the decedent received public assistance as defined in
ORS 411.010 or received care at an institution described in ORS
179.321 (1) { - or (2) - } and it appears that the assistance
Enrolled Senate Bill 22 (SB 22-B) Page 24
or the cost of care may be recovered from the estate of the
decedent.
(e) The Department of Veterans' Affairs, if the decedent was a
protected person under ORS 406.050 (8), and the department has
joined in the petition for such appointment.
(f) Any other person.
(2) Except as provided in subsection (3) of this section, the
court shall appoint the Department of State Lands as personal
representative if it appears that the decedent died wholly
intestate and without known heirs. The Attorney General shall
represent the Department of State Lands in the administration of
the estate. Any funds received by the Department of State Lands
in the capacity of personal representative may be deposited in
accounts, separate and distinct from the General Fund,
established with the State Treasurer. Interest earned by such
account shall be credited to that account.
(3) The court may appoint a person other than the Department of
State Lands to administer the estate of a decedent who died
wholly intestate and without known heirs if the person filing a
petition under ORS 113.035 attaches written authorization from an
estate administrator of the Department of State Lands appointed
under ORS 113.235 approving the filing of the petition by the
person. Except as provided by rule adopted by the Director of the
Department of State Lands, an estate administrator may consent to
the appointment of another person to act as personal
representative only if it appears after investigation that the
estate is insolvent.
SECTION 34. ORS 116.253 is amended to read:
116.253. (1) Within 10 years after the death of a decedent
whose estate escheated in whole or in part to the state, or
within eight years after the entry of a judgment or order
escheating property of an estate to the state, a claim may be
made for the property escheated, or the proceeds thereof, by or
on behalf of a person not having actual knowledge of the escheat
or by or on behalf of a person who at the time of the escheat was
unable to prove entitlement to the escheated property.
(2) The claim shall be made by a petition filed with the
Director of the Department of State Lands. The claim is
considered a contested case as provided in ORS 183.310 and there
is the right of judicial review as provided in ORS 183.480. The
petition must include a declaration under penalty of perjury in
the form required by ORCP 1 E and shall state:
(a) The age and place of residence of the claimant by whom or
on whose behalf the petition is filed;
(b) That the claimant lawfully is entitled to the property or
proceeds, briefly describing the property or proceeds;
(c) That at the time the property escheated to the state the
claimant had no knowledge or notice thereof or was unable to
prove entitlement to the escheated property and has subsequently
acquired new evidence of that entitlement;
(d) That the claimant claims the property or proceeds as an
heir or devisee or as the personal representative of the estate
of an heir or devisee, setting forth the relationship, if any, of
the claimant to the decedent who at the time of death was the
owner;
(e) That 10 years have not elapsed since the death of the
decedent, or that eight years have not elapsed since the entry of
the judgment or order escheating the property to the state; and
(f) If the petition is not filed by the claimant, the status of
the petitioner.
Enrolled Senate Bill 22 (SB 22-B) Page 25
(3) If it is determined that the claimant is entitled to the
property or the proceeds thereof, the Director of the Department
of State Lands shall deliver the property to the petitioner,
subject to and charged with any tax on the property and the costs
and expenses of the state in connection therewith.
(4) If the person whose property escheated or reverted to the
state was at any time { - an inmate - } { + a patient + } of
a state institution in Oregon for persons with mental illness
{ - or mental retardation - } { + or of the Eastern Oregon
Training Center + }, the reasonable unpaid cost of the care and
maintenance of the person while a ward of the institution,
regardless of when the cost was incurred, may be deducted from,
or, if necessary, be offset in full against, the amount of the
escheated property. The reasonable unpaid cost of care and
maintenance shall be determined { - by: - }
{ - (a) The Department of Human Services for patients of the
Eastern Oregon Training Center; and - }
{ - (b) the Oregon Health Authority for patients of the Blue
Mountain Recovery Center and the Oregon State Hospital. - } { +
in accordance with ORS 179.701. + }
(5) For the purposes of this section, the death of the decedent
is presumed to have occurred on the date shown in the decedent's
death certificate or in any other similar document issued by the
jurisdiction in which the death occurred or issued by an agency
of the federal government.
SECTION 35. 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 - } { + an intellectual
disability + }, 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' - }
{ + ' intellectual disability' + } has the meaning given that
term in ORS
Enrolled Senate Bill 22 (SB 22-B) Page 26
{ - 430.010 - } { + 427.005 + }. { - Mental retardation - }
{ + Intellectual disability + } 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 - } { + an intellectual
disability + }. ' Qualified person' includes, but is not limited
to, a teacher, therapist or physician.
SECTION 36. ORS 162.135 is amended to read:
162.135. As used in ORS 162.135 to 162.205, unless the context
requires otherwise:
(1)(a) 'Contraband' means:
(A) Controlled substances as defined in ORS 475.005;
(B) Drug paraphernalia as defined in ORS 475.525;
(C) Except as otherwise provided in paragraph (b) of this
subsection, currency possessed by or in the control of an inmate
confined in a correctional facility; or
(D) Any article or thing which a person confined in a
correctional facility, youth correction facility or state
hospital is prohibited by statute, rule or order from obtaining
or possessing, and whose use would endanger the safety or
security of such institution or any person therein.
(b) 'Contraband' does not include authorized currency possessed
by an inmate in a work release facility.
(2) 'Correctional facility' means any place used for the
confinement of persons charged with or convicted of a crime or
otherwise confined under a court order and includes but is not
limited to a youth correction facility. 'Correctional facility '
applies to a state hospital or a secure intensive community
inpatient facility only as to persons detained therein charged
with or convicted of a crime, or detained therein after having
been found guilty except for insanity of a crime under ORS
161.290 to 161.370.
(3) 'Currency' means paper money and coins that are within the
correctional institution.
(4) 'Custody' means the imposition of actual or constructive
restraint by a peace officer pursuant to an arrest or court
order, but does not include detention in a correctional facility,
youth correction facility or a state hospital.
(5) 'Escape' means the unlawful departure of a person from
custody or a correctional facility. 'Escape' includes the
unauthorized departure or absence from this state or failure to
return to this state by a person who is under the jurisdiction of
the Psychiatric Security Review Board or under the jurisdiction
of the Oregon Health Authority under ORS 161.315 to 161.351. '
Escape' does not include failure to comply with provisions of a
conditional release in ORS 135.245.
(6) 'Youth correction facility' means:
(a) A youth correction facility as defined in ORS 420.005; and
(b) A detention facility as defined in ORS 419A.004.
(7) 'State hospital' means the Oregon State Hospital, Blue
Mountain Recovery Center { - , Eastern Oregon Training
Center - } and any other hospital established by law for similar
purposes.
(8) 'Unauthorized departure' means the unauthorized departure
of a person confined by court order in a youth correction
facility or a state hospital that, because of the nature of the
court order, is not a correctional facility as defined in this
section, or the failure to return to custody after any form of
Enrolled Senate Bill 22 (SB 22-B) Page 27
temporary release or transitional leave from a correctional
facility.
SECTION 37. ORS 179.010 is amended to read:
179.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Institution' means the institutions designated in ORS
179.321.
(2) 'Agency' means:
(a) The Department of Corrections when the institution is a
Department of Corrections institution, as defined in ORS 421.005;
{ + or + }
(b) The Department of Human Services when the institution is
the { + facility formerly used as the + } Eastern Oregon
Training Center; or
(c) The Oregon Health Authority when the institution is the
Blue Mountain Recovery Center or an Oregon State Hospital campus.
SECTION 38. ORS 179.321 is amended to read:
179.321. { - (1) The Department of Human Services shall
operate, control, manage and supervise the Eastern Oregon
Training Center. - }
{ - (2) - } { + (1) + } The Oregon Health Authority shall
operate, control, manage and supervise the Blue Mountain Recovery
Center and the Oregon State Hospital campuses.
{ - (3) - } { + (2) + } The Department of Corrections shall
operate, control, manage and supervise those institutions defined
as Department of Corrections institutions in ORS 421.005.
SECTION 39. ORS 179.325 is amended to read:
179.325. (1) The Department of Human Services may order the
change, in all or part, of the purpose and use of any state
institution being used as an institution for the care and
treatment of persons with { - mental retardation - } { +
developmental disabilities + } in order to care for persons
committed to its custody whenever the department determines that
a change in purpose and use will better enable this state to meet
its responsibilities to persons with { - mental retardation - }
{ + developmental disabilities + }. In determining whether to
order the change, the department shall consider changes in the
number and source of the admissions of persons with mental
retardation.
(2) The Oregon Health Authority may order the change, in all or
part, of the purpose and use of any state institution being used
as an institution for the care and treatment of persons with
mental illness in order to care for persons committed to its
custody whenever the authority determines that a change in
purpose and use will better enable this state to meet its
responsibilities to persons with mental illness. In determining
whether to order the change, the authority shall consider changes
in the number and source of the admissions of persons with mental
illness.
SECTION 40. ORS 179.331 is amended to read:
179.331. (1) The superintendents shall be appointed and,
whenever the public service requires such action, may be removed,
suspended or discharged, as follows:
{ - (a) The superintendent of the Eastern Oregon Training
Center, by the Director of Human Services. - }
{ - (b) - } { + (a) + } The superintendents of the Blue
Mountain Recovery Center and the Oregon State Hospital, by the
Director of the Oregon Health Authority.
Enrolled Senate Bill 22 (SB 22-B) Page 28
{ - (c) - } { + (b) + } The superintendents of Department
of Corrections institutions as defined in ORS 421.005, by the
Director of the Department of Corrections.
(2) For purposes of the State Personnel Relations Law, the
superintendents are assigned to the unclassified service.
SECTION 41. ORS 179.360 is amended to read:
179.360. (1) Each superintendent shall:
(a) Have custody of the residents of the institution under
jurisdiction of the superintendent.
(b) Direct the care, custody and training of the residents
unless otherwise directed by law or by rule.
(c) Adopt sanitary measures for the health and comfort of the
residents.
(d) Promote the mental, moral and physical welfare and
development of the residents.
(e) Enjoy the other powers and privileges and perform the other
duties that are prescribed by law or by rule or that naturally
attach themselves to the position of superintendent.
(f) Designate a physician licensed by the Oregon Medical Board
to serve as chief medical officer { - as provided in ORS
427.010 - } , who will be directly responsible to the
superintendent for administration of the medical treatment
programs at the institution and assume such other
responsibilities as are assigned by the superintendent.
(2) The Director of the Department of Corrections { - , the
Director of Human Services - } and the Director of the Oregon
Health Authority shall prescribe for their respective
institutions:
(a) The duties of the superintendents where the duties are not
prescribed by law.
(b) The additional duties, beyond those prescribed by law, that
each agency director considers necessary for the good of the
public service.
SECTION 42. ORS 179.370 is amended to read:
179.370. The Director of the Department of Corrections { - ,
the Director of Human Services - } or the Director of the Oregon
Health Authority may require that a superintendent reside in
state-provided housing at the institution under the jurisdiction
of the superintendent. The rental shall be determined pursuant to
ORS 182.425.
SECTION 43. ORS 179.375 is amended to read:
179.375. (1) The Department of Corrections { - , the
Department of Human Services - } and the Oregon Health Authority
shall ensure that adequate chaplaincy services, including but not
limited to Protestant and Roman Catholic, are available at their
respective institutions.
(2) Chaplains serving the various institutions shall, with
respect to the inmates or patients at such institutions:
(a) Provide for and attend to their spiritual needs.
(b) Visit them for the purpose of giving religious and moral
instruction.
(c) Participate in the rehabilitation programs affecting them.
SECTION 44. ORS 179.380 is amended to read:
179.380. (1) The Department of Corrections { - , the
Department of Human Services - } and the Oregon Health Authority
shall authorize the employment of all necessary physicians,
attendants, nurses, engineers, messengers, clerks, guards, cooks,
waiters and other officers and employees not specifically
authorized by law and necessary to the successful maintenance of
their respective institutions. The amounts expended for the
Enrolled Senate Bill 22 (SB 22-B) Page 29
services of such officers and employees shall not exceed the
amounts provided therefor in the biennial appropriations for the
institution.
(2) The agencies shall designate in their respective rules
which employees shall be officers, and shall require all officers
to take and subscribe to an oath of office and, if the
circumstances require it, to furnish bonds.
SECTION 45. ORS 179.385 is amended to read:
179.385. The Department of Corrections { - , the Department of
Human Services - } and the Oregon Health Authority,
respectively, may establish scholarship programs to provide
assistance in securing qualified personnel at state institutions
governed by them. Scholarships authorized by this section shall
be granted in accordance with rules and regulations adopted
respectively by the agencies.
SECTION 46. ORS 179.390 is amended to read:
179.390. (1) The superintendent of an institution within the
jurisdiction of the Department of Corrections shall, subject to
the approval of the Director of the Department of Corrections,
appoint in the manner provided by law all assistants, officers
and other employees at the institution under the jurisdiction of
the superintendent. The superintendent may suspend or remove an
assistant, officer or other employee in the manner provided by
law, reporting all acts of suspension or removal to the Director
of the Department of Corrections for approval or disapproval.
(2) The Director of the Department of Corrections { - , the
Director of Human Services - } and the Director of the Oregon
Health Authority shall:
(a) Fix the salaries of assistants, officers and employees
where their salary is not fixed by law.
(b) Suspend or discharge any subordinate of a superintendent
when public service requires such action, except when suspending
or discharging the subordinate violates the State Personnel
Relations Law.
{ - (3) The Director of Human Services or a designee at a
facility under jurisdiction of the Department of Human Services
shall, as provided by law, appoint, suspend or discharge an
employee of the department. The Director of Human Services may
designate up to three employees at each facility to act in the
name of the director in accordance with ORS 240.400. - }
{ - (4) - } { + (3) + } The Director of the Oregon Health
Authority or a designee at a facility under jurisdiction of the
Oregon Health Authority shall, as provided by law, appoint,
suspend or discharge an employee of the authority. The director
may designate up to three employees at each facility to act in
the name of the director in accordance with ORS 240.400.
{ - (5) - } { + (4) + } In addition to or in lieu of
employing physicians, the Director of the Department of
Corrections or the designee thereof may contract for the personal
services of physicians licensed to practice medicine by the
Oregon Medical Board to serve as medical advisors for the Oregon
Health Authority. Advisors under such contracts shall be directly
responsible for administration of medical treatment programs at
penal and correctional institutions, as defined in ORS 421.005.
SECTION 47. ORS 179.405 is amended to read:
179.405. { - No - } { + A + } Department of Corrections
{ - institutions, - } { + institution or a + } youth
correction { - facilities - } { + facility + } as defined in
ORS 420.005 { - and institutions listed in ORS 427.010
Enrolled Senate Bill 22 (SB 22-B) Page 30
shall - } { + may not + } employ persons regularly as teachers
who are not licensed.
SECTION 48. ORS 179.450 is amended to read:
179.450. The Department of Corrections { - , the Department of
Human Services - } and the Oregon Health Authority may direct
the employment of able-bodied persons at the agencies' respective
institutions, in the performance of useful work upon land owned
by the state if it does not compete with free labor. Work may not
be performed upon any such land except by consent and approval of
the agency of the state having management of the land.
SECTION 49. ORS 179.460 is amended to read:
179.460. (1) In order to encourage industry and thereby
increase productiveness in the institutions, the Department of
Corrections { - , the Department of Human Services - } and the
Oregon Health Authority shall prescribe rules and regulations for
the sale and exchange of surplus products of each.
(2) The funds derived from the sale of the surplus products
shall be paid into the State Treasury and become a part of a fund
to be known as the State Institutional Betterment Fund, which
fund shall be expended by the agencies, respectively, for the
benefit of the institutions in proportion to the amount earned by
each.
(3) The provisions of this section apply to the school operated
under ORS 346.010.
SECTION 50. ORS 179.473 is amended to read:
179.473. (1) Whenever the health and welfare of the person and
the efficient administration of the institution require the
transfer of an inmate of a Department of Corrections institution
or a youth offender in a youth correction facility to another
institution { + or facility + }:
(a) The Department of Corrections or the Oregon Youth
Authority, with the consent of the Department of Human Services,
may transfer a person at any institution under its jurisdiction
to
{ - an institution for persons with mental retardation, - }
{ + a residential facility for persons with intellectual
disabilities + } or, with the consent of the Oregon Health and
Science University, to the Oregon Health and Science University.
(b) The Department of Corrections may transfer an inmate of a
Department of Corrections institution to a state { - mental - }
hospital listed in ORS 426.010 for evaluation and treatment
pursuant to rules adopted jointly by the Department of
Corrections and the Oregon Health Authority.
(c) The Oregon Youth Authority may transfer a youth offender or
other person confined in a youth correction facility to a
hospital or facility designated by the Oregon Health Authority
for evaluation and treatment pursuant to rules adopted jointly by
the Oregon Youth Authority and the Oregon Health Authority.
(d) Except as provided in subsection (2) of this section, the
Department of Corrections or the Oregon Youth Authority may make
a transfer of a person from any institution under the
jurisdiction of the department or the Oregon Youth Authority to
any other institution under the jurisdiction of the department or
authority.
(2) A youth offender in a youth correction facility may not be
transferred to a Department of Corrections institution under
subsection (1) of this section. A youth offender in a youth
correction facility who has been transferred to another
institution may not be transferred from such other institution to
a Department of Corrections institution.
Enrolled Senate Bill 22 (SB 22-B) Page 31
(3) The rules adopted under subsection (1)(b) and (c) of this
section must:
(a) Provide the inmate or youth offender with the rights to
which persons are entitled under ORS 179.485.
(b) Provide that a transfer of an inmate or a youth offender to
the Oregon Health Authority for stabilization and evaluation for
treatment may not exceed 30 days unless the transfer is extended
pursuant to a hearing required by paragraph (c) of this
subsection.
(c) Provide for an administrative commitment hearing if:
(A) The Oregon Health Authority determines that administrative
commitment for treatment for a mental illness is necessary or
advisable or that the authority needs more than 30 days to
stabilize or evaluate the inmate or youth offender for treatment;
and
(B) The inmate or youth offender does not consent to the
administrative commitment or an extension of the transfer.
(d) Provide for, at a minimum, all of the following for the
administrative commitment hearing process:
(A) Written notice to the inmate or youth offender that an
administrative commitment to a state { - mental - } hospital
listed in ORS 426.010 or a hospital or facility designated by the
Oregon Health Authority or an extension of the transfer is being
considered. The notice required by this subparagraph must be
provided far enough in advance of the hearing to permit the
inmate or youth offender to prepare for the hearing.
(B) Disclosure to the inmate or youth offender, at the hearing,
of the evidence that is being relied upon for the administrative
commitment or the extension of the transfer.
(C) An opportunity, at the hearing, for the inmate or youth
offender to be heard in person and to present documentary
evidence.
(D) An opportunity, at the hearing, for the inmate or youth
offender to present the testimony of witnesses and to confront
and cross-examine witnesses called by the state. The opportunity
required by this subparagraph may be denied upon a finding by the
decision maker of good cause for not permitting the inmate or
youth offender to present the testimony of witnesses or confront
or cross-examine witnesses called by the state.
(E) An independent decision maker for the hearing.
(F) A written statement by the decision maker of the evidence
relied upon by the decision maker and the reasons for
administratively committing the inmate or youth offender or
extending the transfer.
(G) A qualified and independent assistant for the inmate or
youth offender to be provided by the state if the inmate or youth
offender is financially unable to provide one.
(H) Effective and timely notice of the procedures required by
subparagraphs (A) to (G) of this paragraph.
(e) Provide that an inmate or a youth offender may not be
administratively committed involuntarily unless the independent
decision maker finds by clear and convincing evidence that the
inmate or youth offender is a mentally ill person as defined in
ORS 426.005.
(f) Provide that the duration of an administrative commitment
pursuant to an administrative commitment hearing be no more than
180 days unless the administrative commitment is renewed in a
subsequent administrative commitment hearing. Notwithstanding
this paragraph, an administrative commitment may not continue
beyond the term of incarceration to which the inmate was
Enrolled Senate Bill 22 (SB 22-B) Page 32
sentenced or beyond the period of time that the youth offender
may be placed in a youth correction facility.
SECTION 51. ORS 179.478 is amended to read:
179.478. (1) If { - the person - } { + an inmate or youth
offender + }, a relative, guardian or friend { + of an inmate or
youth offender + }, or institution staff have probable cause to
believe that an inmate or youth offender is a person with 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 - } { + evaluation described in ORS 427.105 + }
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 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 - } { + is in need of
commitment for residential care, treatment and training pursuant
to ORS 427.235 to 427.290 + }, the { - person - } { + inmate
or youth offender + } 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 an
intellectual disability { + and is in need of commitment for
residential care, treatment and training + }, the person shall be
committed { + to the Department of Human Services + } and
transferred to a
{ - training center - } { + facility + } designated by the
department { - of Human Services - } as soon as space in an
appropriate { - unit - } { + facility + } is available, and
any sentence to a Department of Corrections institution or
commitment to the youth correction facility shall be terminated.
SECTION 52. ORS 179.479 is amended to read:
179.479. (1) The superintendent or other chief executive
officer of an institution described in ORS 179.321 may, when
authorized by regulation or direction of the Department of
Corrections { - , the Department of Human Services - } or the
Oregon Health Authority, convey an inmate to a physician, clinic
or hospital, including the Oregon Health and Science University,
for medical, surgical or dental treatment when such treatment
cannot satisfactorily be provided at the institution. An inmate
conveyed for treatment pursuant to this section shall be kept in
the custody of the institution from which the inmate is conveyed.
(2) The Department of Corrections { - , the Department of
Human Services - } and the Oregon Health Authority shall
prescribe rules and regulations governing conveyances authorized
by this section.
SECTION 53. ORS 179.490 is amended to read:
179.490. In the case of a necessary or emergency operation
{ - , - } requiring the services of a specialist, and where the
relatives or guardians, in the judgment of the Department of
Corrections { - , the Department of Human Services - } or the
Oregon Health Authority, are unable to pay a part or the whole
cost of the operation { - , - } the agencies may have the
operation performed, the cost of the operation to be payable from
the funds of the institution concerned.
SECTION 54. ORS 179.492 is amended to read:
179.492. (1) The Department of Corrections, the Department of
Human Services or the Oregon Health Authority shall dispense as
written a prescription for a brand-name mental health drug
Enrolled Senate Bill 22 (SB 22-B) Page 33
prescribed for a person while the person is in the custody of an
institution described in ORS 179.321 { + or who has been
committed pursuant to ORS 427.235 to 427.290, + } if the
prescription specifies ' dispense as written' or contains the
notation 'D.A.W.' or other words of similar meaning.
(2) If, at the time of commitment to the custody of an
institution described in ORS 179.321 { + or to the custody of
the Department of Human Services under ORS 427.290 + }, a person
has a prescription for a specified brand-name mental health drug
and the prescription specifies 'dispense as written' or contains
the notation 'D.A.W.' or other words of similar meaning, the
Department of Corrections, the Department of Human Services or
the Oregon Health Authority shall ensure that the person is
prescribed the specified brand-name drug until a licensed health
professional with prescriptive privileges evaluates the person
and becomes responsible for the treatment of the person.
SECTION 55. ORS 179.505 is amended to read:
179.505. (1) As used in this section:
(a) 'Disclosure' means the release of, transfer of, provision
of access to or divulgence in any other manner of information
outside the health care services provider holding the
information.
(b) 'Health care services provider' means:
(A) Medical personnel or other staff employed by or under
contract with a public provider to provide health care or
maintain written accounts of health care provided to individuals;
or
(B) Units, programs or services designated, operated or
maintained by a public provider to provide health care or
maintain written accounts of health care provided to individuals.
(c) 'Individually identifiable health information' means any
health information that is:
(A) Created or received by a health care services provider; and
(B) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(i) The past, present or future physical or mental health or
condition of an individual;
(ii) The provision of health care to an individual; or
(iii) The past, present or future payment for the provision of
health care to an individual.
(d) 'Personal representative' includes but is not limited to:
(A) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
(B) A person appointed as a health care representative under
ORS 127.505 to 127.660 or a representative under ORS 127.700 to
127.737 to make health care decisions or mental health treatment
decisions; and
(C) A person appointed as a personal representative under ORS
chapter 113.
(e) 'Psychotherapy notes' means notes recorded in any medium:
(A) By a mental health professional, in the performance of the
official duties of the mental health professional;
(B) Documenting or analyzing the contents of conversation
during a counseling session; and
(C) That are maintained separately from the rest of the
individual's record.
(f) 'Psychotherapy notes' does not mean notes documenting:
Enrolled Senate Bill 22 (SB 22-B) Page 34
(A) Medication prescription and monitoring;
(B) Counseling session start and stop times;
(C) Modalities and frequencies of treatment furnished;
(D) Results of clinical tests; or
(E) Any summary of the following items:
(i) Diagnosis;
(ii) Functional status;
(iii) Treatment plan;
(iv) Symptoms;
(v) Prognosis; or
(vi) Progress to date.
(g) 'Public provider' means:
(A) The Blue Mountain Recovery Center { - , the Eastern Oregon
Training Center - } and the Oregon State Hospital campuses;
(B) Department of Corrections institutions as defined in ORS
421.005;
(C) A contractor of the Department of Corrections { - , the
Department of Human Services - } or the Oregon Health Authority
that provides health care to individuals residing in a state
institution operated by the agencies;
(D) A community mental health program or community
developmental disabilities program as described in ORS 430.610 to
430.695 and the public and private entities with which it
contracts to provide mental health or developmental disabilities
programs or services;
(E) A program or service provided under ORS 431.250, 431.375 to
431.385 or 431.416;
(F) A program or service established or maintained under ORS
430.630 or 430.664;
(G) A program or facility providing an organized full-day or
part-day program of treatment that is licensed, approved,
established, maintained or operated by or contracted with the
Oregon Health Authority for alcoholism, drug addiction or mental
or emotional disturbance;
(H) A program or service providing treatment by appointment
that is licensed, approved, established, maintained or operated
by or contracted with the authority for alcoholism, drug
addiction or mental or emotional disturbance; or
(I) The impaired health professional program established under
ORS 676.190.
(h) 'Written account' means records containing only
individually identifiable health information.
(2) Except as provided in subsections (3), (4), (6), (7), (8),
(9), (11), (12), (14), (15), (16) and (17) of this section or
unless otherwise permitted or required by state or federal law or
by order of the court, written accounts of the individuals served
by any health care services provider maintained in or by the
health care services provider by the officers or employees
thereof who are authorized to maintain written accounts within
the official scope of their duties are not subject to access and
may not be disclosed. This subsection applies to written accounts
maintained in or by facilities of the Department of Corrections
only to the extent that the written accounts concern the medical,
dental or psychiatric treatment as patients of those under the
jurisdiction of the Department of Corrections.
(3) If the individual or a personal representative of the
individual provides an authorization, the content of any written
account referred to in subsection (2) of this section must be
disclosed accordingly, if the authorization is in writing and is
Enrolled Senate Bill 22 (SB 22-B) Page 35
signed and dated by the individual or the personal representative
of the individual and sets forth with specificity the following:
(a) Name of the health care services provider authorized to
make the disclosure, except when the authorization is provided by
recipients of or applicants for public assistance to a
governmental entity for purposes of determining eligibility for
benefits or investigating for fraud;
(b) Name or title of the persons or organizations to which the
information is to be disclosed or that information may be
disclosed to the public;
(c) Name of the individual;
(d) Extent or nature of the information to be disclosed; and
(e) Statement that the authorization is subject to revocation
at any time except to the extent that action has been taken in
reliance thereon, and a specification of the date, event or
condition upon which it expires without express revocation.
However, a revocation of an authorization is not valid with
respect to inspection or records necessary to validate
expenditures by or on behalf of governmental entities.
(4) The content of any written account referred to in
subsection (2) of this section may be disclosed without an
authorization:
(a) To any person to the extent necessary to meet a medical
emergency.
(b) At the discretion of the responsible officer of the health
care services provider, which in the case of any Oregon Health
Authority facility or community mental health program is the
Director of the Oregon Health Authority, to persons engaged in
scientific research, program evaluation, peer review and fiscal
audits. However, individual identities may not be disclosed to
such persons, except when the disclosure is essential to the
research, evaluation, review or audit and is consistent with
state and federal law.
(c) To governmental agencies when necessary to secure
compensation for services rendered in the treatment of the
individual.
(5) When an individual's identity is disclosed under subsection
(4) of this section, a health care services provider shall
prepare, and include in the permanent records of the health care
services provider, a written statement indicating the reasons for
the disclosure, the written accounts disclosed and the recipients
of the disclosure.
(6) The content of any written account referred to in
subsection (2) of this section and held by a health care services
provider currently engaged in the treatment of an individual may
be disclosed to officers or employees of that provider, its
agents or cooperating health care services providers who are
currently acting within the official scope of their duties to
evaluate treatment programs, to diagnose or treat or to assist in
diagnosing or treating an individual when the written account is
to be used in the course of diagnosing or treating the
individual. Nothing in this subsection prevents the transfer of
written accounts referred to in subsection (2) of this section
among health care services providers, the Department of Human
Services, the Department of Corrections, the Oregon Health
Authority or a local correctional facility when the transfer is
necessary or beneficial to the treatment of an individual.
(7) When an action, suit, claim, arbitration or proceeding is
brought under ORS 34.105 to 34.240 or 34.310 to 34.730 and
involves a claim of constitutionally inadequate medical care,
Enrolled Senate Bill 22 (SB 22-B) Page 36
diagnosis or treatment, or is brought under ORS 30.260 to 30.300
and involves the Department of Corrections or an institution
operated by the department, nothing in this section prohibits the
disclosure of any written account referred to in subsection (2)
of this section to the Department of Justice, Oregon Department
of Administrative Services, or their agents, upon request, or the
subsequent disclosure to a court, administrative hearings
officer, arbitrator or other administrative decision maker.
(8)(a) When an action, suit, claim, arbitration or proceeding
involves the Department of Human Services, the Oregon Health
Authority or an institution operated by the { - department
or - } authority, nothing in this section prohibits the
disclosure of any written account referred to in subsection (2)
of this section to the Department of Justice, Oregon Department
of Administrative Services, or their agents.
(b) Disclosure of information in an action, suit, claim,
nonlabor arbitration or proceeding is limited by the relevancy
restrictions of ORS 40.010 to 40.585, 183.710 to 183.725, 183.745
and 183.750 and ORS chapter 183. Only written accounts of a
plaintiff, claimant or petitioner shall be disclosed under this
paragraph.
(c) Disclosure of information as part of a labor arbitration or
proceeding to support a personnel action taken against staff is
limited to written accounts directly relating to alleged action
or inaction by staff for which the personnel action was imposed.
(9)(a) The copy of any written account referred to in
subsection (2) of this section, upon written request of the
individual or a personal representative of the individual, shall
be disclosed to the individual or the personal representative of
the individual within a reasonable time not to exceed five
working days. The individual or the personal representative of
the individual shall have the right to timely access to any
written accounts.
(b) If the disclosure of psychiatric or psychological
information contained in the written account would constitute an
immediate and grave detriment to the treatment of the individual,
disclosure may be denied, if medically contraindicated by the
treating physician or a licensed health care professional in the
written account of the individual.
(c) The Department of Corrections may withhold psychiatric or
psychological information if:
(A) The information relates to an individual other than the
individual seeking it.
(B) Disclosure of the information would constitute a danger to
another individual.
(C) Disclosure of the information would compromise the privacy
of a confidential source.
(d) However, a written statement of the denial under paragraph
(c) of this subsection and the reasons therefor must be entered
in the written account.
(10) A health care services provider may require a person
requesting disclosure of the contents of a written account under
this section to reimburse the provider for the reasonable costs
incurred in searching files, abstracting if requested and copying
if requested. However, an individual or a personal representative
of the individual may not be denied access to written accounts
concerning the individual because of inability to pay.
(11) A written account referred to in subsection (2) of this
section may not be used to initiate or substantiate any criminal,
civil, administrative, legislative or other proceedings conducted
Enrolled Senate Bill 22 (SB 22-B) Page 37
by federal, state or local authorities against the individual or
to conduct any investigations of the individual. If the
individual, as a party to an action, suit or other judicial
proceeding, voluntarily produces evidence regarding an issue to
which a written account referred to in subsection (2) of this
section would be relevant, the contents of that written account
may be disclosed for use in the proceeding.
(12) Information obtained in the course of diagnosis,
evaluation or treatment of an individual that, in the
professional judgment of the health care services provider,
indicates a clear and immediate danger to others or to society
may be reported to the appropriate authority. A decision not to
disclose information under this subsection does not subject the
provider to any civil liability. Nothing in this subsection may
be construed to alter the provisions of ORS 146.750, 146.760,
419B.010, 419B.015, 419B.020, 419B.025, 419B.030, 419B.035,
419B.040 and 419B.045.
(13) The prohibitions of this section apply to written accounts
concerning any individual who has been treated by any health care
services provider irrespective of whether or when the individual
ceases to receive treatment.
(14) Persons other than the individual or the personal
representative of the individual who are granted access under
this section to the contents of a written account referred to in
subsection (2) of this section may not disclose the contents of
the written account to any other person except in accordance with
the provisions of this section.
(15) Nothing in this section prevents the Department of Human
Services or the Oregon Health Authority from disclosing the
contents of written accounts in its possession to individuals or
agencies with whom children in its custody are placed.
(16) The system described in ORS 192.517 (1) shall have access
to records, as defined in ORS 192.515, as provided in ORS
192.517.
(17)(a) Except as provided in paragraph (b) of this subsection,
a health care services provider must obtain an authorization from
an individual or a personal representative of the individual to
disclose psychotherapy notes.
(b) A health care services provider may use or disclose
psychotherapy notes without obtaining an authorization from the
individual or a personal representative of the individual to
carry out the following treatment, payment and health care
operations:
(A) Use by the originator of the psychotherapy notes for
treatment;
(B) Disclosure by the health care services provider for its own
training program in which students, trainees or practitioners in
mental health learn under supervision to practice or improve
their skills in group, joint, family or individual counseling; or
(C) Disclosure by the health care services provider to defend
itself in a legal action or other proceeding brought by the
individual or a personal representative of the individual.
(c) An authorization for the disclosure of psychotherapy notes
may not be combined with an authorization for a disclosure of any
other individually identifiable health information, but may be
combined with another authorization for a disclosure of
psychotherapy notes.
SECTION 56. ORS 179.509 is amended to read:
179.509. (1) The superintendent of each state institution shall
submit quarterly reports on the number of deaths, including the
Enrolled Senate Bill 22 (SB 22-B) Page 38
ages of the deceased, the causes of death and the disposition of
the remains, within the institution to the Department of
Corrections { - , the Department of Human Services - } or the
Oregon Health Authority, as the case may be, having jurisdiction
over the institution.
(2) The agencies shall compile the reports described in
subsection (1) of this section and submit them quarterly to the
offices of the President of the Senate and of the Speaker of the
House of Representatives.
SECTION 57. ORS 179.610 is amended to read:
179.610. As used in ORS 179.610 to 179.770, unless the context
requires otherwise:
(1) 'Authorized representative' means an individual or entity
appointed under authority of ORS chapter 125, as guardian or
conservator of a person, who has the ability to control the
person's finances, and any other individual or entity holding
funds or receiving benefits or income on behalf of any person.
(2) 'Care' means all services rendered { + to a patient + } by
the state institutions as described in ORS 179.321 or by the
{ - Department of Corrections, Department of Human Services or
Oregon Health Authority on behalf of those institutions - } { +
Eastern Oregon Training Center + }. These services include, but
are not limited to, such items as medical care, room, board,
administrative costs and other costs not otherwise excluded by
law.
(3) 'Decedent's estate' has the meaning given 'estate' in ORS
111.005 (15).
(4) 'Person,' 'person in a state institution' or 'person at a
state institution,' or any similar phrase, means an individual
who is or has been at a state institution described in ORS
179.321 { + or in the Eastern Oregon Training Center + }.
(5) 'Personal estate' means all income and benefits as well as
all assets, including all personal and real property of a living
person, and includes assets held by the person's authorized
representative and all other assets held by any other individual
or entity holding funds or receiving benefits or income on behalf
of any person.
SECTION 58. ORS 179.620 is amended to read:
179.620. (1) A person and the personal estate of the person, or
a decedent's estate, is liable for the full cost of care. Full
cost of care is established according to ORS 179.701.
(2) While the person is liable for the full cost of care, the
maximum amount a person is required to pay toward the full cost
of care shall be determined according to the person's ability to
pay. Ability to pay is determined as provided in ORS 179.640.
(3) Upon the death of a person, the decedent's estate shall be
liable for any unpaid cost of care. The liability of the
decedent's estate is limited to the cost of care incurred on or
after July 24, 1979. The decedent's estate shall not include
assets placed in trust for the person by other persons.
Collection of any amount from a decedent's estate shall be
pursuant to ORS 179.740.
(4) Regardless of subsection (1) of this section and ORS
179.610 (5), assets held in trust by a trustee for a person are
subject to laws generally applicable to trusts.
(5) Notwithstanding subsections (1) and (3) of this section,
the Department of Corrections, the Department of Human Services
and the Oregon Health Authority may not collect the cost of care
from:
Enrolled Senate Bill 22 (SB 22-B) Page 39
(a) Any assets received by or owing to a person and the
personal estate of the person, or the decedent's estate, as
compensation from the state for injury, death or, if the
collection is being made by the Department of Corrections, the
false imprisonment of the person that occurred when the person
was in a state institution listed in ORS 179.321 { + or in the
Eastern Oregon Training Center + } and for which the state admits
liability or is found liable through adjudication; and
(b) Any real or personal property of the personal estate of the
person, or the decedent's estate, that the person or an
authorized representative of the person can demonstrate was
purchased solely with assets referred to in paragraph (a) of this
subsection or partially with such assets, to the extent such
assets were used in the purchase.
SECTION 59. ORS 179.640 is amended to read:
179.640. (1)(a) The Department of Corrections { - , the
Department of Human Services - } and the Oregon Health Authority
shall establish rules for determining ability to pay for persons
in their respective institutions. The rules adopted by each
agency shall require, in addition to other relevant factors,
consideration of the personal estate, the person's need for funds
for personal support after release, and the availability of
third-party benefits such as, but not limited to, Medicare or
private insurance. Each agency may also consider the probable
length of stay at the state institution. Nothing in this section
requires the Department of Corrections to investigate a person's
ability to pay or to issue an ability-to-pay order.
(b) When adopting rules under paragraph (a) of this subsection,
the Department of Corrections shall consider the person's needs
for funds to pay for the support of the person's children and to
pay any monetary obligations imposed on the person as a result of
the person's conviction.
(2) In determining a person's ability to pay, none of the
agencies may consider as part of the personal estate of the
person or the decedent's estate:
(a) Any assets received by or owing to the person and the
personal estate of the person, or the decedent's estate, as
compensation from the state for injury, death or, if the
collection is being made by the Department of Corrections, the
false imprisonment of the person that occurred when the person
was in a state institution listed in ORS 179.321 and for which
the state admits liability or is found liable through
adjudication; and
(b) Any real or personal property that the person or an
authorized representative of the person can demonstrate was
purchased solely with assets referred to in paragraph (a) of this
subsection or partially with such assets, to the extent such
assets were used in the purchase.
(3) A person and the authorized representative of the person,
if any, shall provide all financial information requested by the
agency that is necessary to determine the person's ability to
pay. To determine ability to pay, the agency may use any
information available to the agency, including information
provided by the Department of Revenue from personal income tax
returns pursuant to ORS 314.840, and elderly rental assistance
claims. Upon request, the Department of Revenue shall release
copies of tax returns to the agency. When the person or the
person's authorized representative fails to provide evidence to
demonstrate an inability to pay full cost of care, the agency may
Enrolled Senate Bill 22 (SB 22-B) Page 40
determine the person has the ability to pay the full cost of
care.
(4) The agency shall provide actual notice to the person and
any authorized representative, if known to the agency, of its
determination by issuing an ability-to-pay order. The order shall
state the person's full liability and the person's determined
ability to pay. Actual notice means receipt by the person and the
authorized representative of notice. The notice shall include a
copy of the ability-to-pay order, a description of the person's
appeal rights and the date upon which appeal rights terminate and
state the address where a request for hearing may be mailed or
delivered. At any time, the agency may reissue an ability-to-pay
order to notify an authorized representative as provided by ORS
179.653 (4).
(5) At any time during the person's stay at the state
institution or within 36 months from the date the person is
released, if the agency receives new financial information that
shows a change in the person's financial circumstances, the
agency shall consider the changed circumstances and issue a new
ability-to-pay order.
(6) Orders issued after the person is released may not require
the person to make payments toward the cost of care for more than
36 consecutive months following release. However, the agency may
collect beyond the 36-month period any payments that became due
but were not paid within the 36 months following release. Any
remaining balance of full cost of care shall be collected as
provided in ORS 179.740.
(7) Notwithstanding ORS 183.315 (5), if a person or authorized
representative disagrees with any ability-to-pay order issued
pursuant to this section, the person or authorized representative
may request a contested case hearing. To the extent practical,
the hearing will be held at a location convenient to the person
or the authorized representative. The request must be postmarked
within 60 days from the date of the mailing of the ability-to-pay
order. If the person or the authorized representative makes a
timely request for a contested case hearing, the hearing and any
appeal of the final hearing order shall be governed by ORS
183.413 to 183.497. If the person or the authorized
representative fails to make a timely request for a contested
case hearing, the ability-to-pay order shall be final and not
subject to judicial review, except as subsequently modified by
the agency as provided in subsection (5) of this section.
(8) On appeal, regardless of other information presented,
payment of the full cost of care may be ordered if the person or
the authorized representative refuses to produce financial
information that the Hearings Officer or administrative law judge
determines is relevant and must be produced.
SECTION 60. ORS 179.653 is amended to read:
179.653. (1) If any person or authorized representative refuses
to pay for the cost of care as ordered by the Department of
Corrections { - , the Department of Human Services - } or the
Oregon Health Authority under ORS 179.640, the amount unpaid plus
interest shall be a lien in favor of the State of Oregon. The
lien shall arise as each payment is due under the order and shall
continue until the liability with interest is satisfied. The lien
shall be upon the title to and interest in the real and personal
property of the personal estate.
(2) Prior to the filing of a distraint warrant as provided in
ORS 179.655 (2), the lien shall only be valid against:
(a) Property of the person;
Enrolled Senate Bill 22 (SB 22-B) Page 41
(b) Assets held by any authorized representative bound by the
ability-to-pay order; and
(c) Assets subject to lien held by any person or entity having
actual knowledge of the ability-to-pay order or the lien.
(3) Regardless of any other provision of law or statute that
provides a procedure for establishing obligations, including the
claim and payment provisions of ORS chapter 125, an authorized
representative who has received notice and had an opportunity to
request a contested case hearing shall comply with an
ability-to-pay order upon demand by the agency. The agency may
issue the demand any time after the order becomes final.
(4) An authorized representative who has not had an opportunity
to request a contested case hearing, either because the
authorized representative was not appointed at the time the
ability-to-pay order became final, or was not given notice of the
ability-to-pay order as required by ORS 179.640 (4), shall not be
bound by the order of the agency. To bind the authorized
representative, the ability-to-pay order must be reissued and
notice provided to the authorized representative pursuant to ORS
179.640 (4). The authorized representative shall have the same
appeal rights as if the order had originally been issued to the
authorized representative. After the order becomes final, the
authorized representative shall be bound as provided in
subsection (3) of this section. The agency may not issue an
execution of a lien or foreclose against property held by or in
the control of the authorized representative until the authorized
representative is bound by the order of the agency.
(5) An authorized representative who is a trustee shall only be
bound to the extent that the final order specifically finds that
the trust assets of a trust fund are subject to claim by the
agency.
(6) If the authorized representative does not comply with the
demand, the agency may file with the probate court a motion to
require the authorized representative to comply. If the
authorized representative is a conservator or guardian appointed
under ORS chapter 125, the motion shall be filed in that
proceeding. The motion shall be accompanied by an affidavit
stating that the order is final, that demand has been made on the
authorized representative and that the order has not been
complied with.
(7) The authorized representative may object to the motion only
on grounds that the order is not final, that the order is not
binding on the authorized representative as provided in this
section or that all required payments have been made. The
objection must be by affidavit.
(8) If the authorized representative objects by affidavit, the
court shall hear the motion. If the court determines that the
ability-to-pay order is final and binding on the authorized
representative and that all required payments have not been made,
the court shall order the authorized representative to comply
with the ability-to-pay order.
(9) If the authorized representative fails to object by
affidavit within 15 days of the filing of the motion, the court
shall order the authorized representative to comply with the
order. An authorized representative who willfully fails or
refuses to comply may be found in contempt of court and may be
held personally responsible.
(10) Nothing in this section shall affect the requirement that
the agency issue a new order in accordance with ORS 179.640 (5)
if financial circumstances have changed.
Enrolled Senate Bill 22 (SB 22-B) Page 42
SECTION 61. ORS 179.655 is amended to read:
179.655. (1) If any amount due the Department of Corrections
{ - , the Department of Human Services - } or the Oregon Health
Authority for the cost of care of a person is not paid within 30
days after it becomes due, and no provision is made to secure the
payment by bond, deposit or otherwise, pursuant to rules adopted
by the appropriate agency, the agency may issue a distraint
warrant directed to any county of the state.
(2) After the receipt of the distraint warrant, the clerk of
the county shall enter in the County Clerk Lien Record the name
of the person, the amount for which the distraint warrant is
issued and the date the distraint warrant is recorded. The amount
of the distraint warrant shall become a lien upon the title to
and interest in any property owned or later acquired by the
debtor against whom it is issued, and it may be enforced by the
agency in the same manner as a judgment of the circuit court.
(3) In the event that an ability-to-pay order issued under ORS
179.640 (4) or (5) becomes final, and supersedes a previous final
ability-to-pay order on which a distraint warrant had been
issued, the agency shall issue a new distraint warrant
superseding the previous distraint warrant, and the lien shall
conform to the new order.
(4) The agency may direct a copy of the distraint warrant to
the sheriff of any county of the state commanding the sheriff to
levy upon and sell the real and personal property of the taxpayer
found within that county, for the payment of the amount due, with
interest, collection charge and the sheriff's fee. The sheriff
shall return the distraint warrant to the agency and pay to it
the money collected not less than 60 days from the date the copy
of the distraint warrant was directed to the sheriff.
(5) The agency may issue the directive provided in subsection
(4) of this section to any agent of the agency. In executing the
distraint warrant, the agent shall have the same powers conferred
by law upon sheriffs. However, the agent is not entitled to any
fee or compensation in excess of actual expenses incurred in the
performance of this duty.
SECTION 62. ORS 179.660 is amended to read:
179.660. If the Department of Corrections { - , the Department
of Human Services - } or the Oregon Health Authority believes a
person at one of its state institutions needs a guardian or
conservator, or both, and one has not been appointed, the agency
may request that the district attorney institute proper
proceedings for this appointment in the court having probate
jurisdiction. The county of which the person is a resident, or
was a resident at the time of admittance, shall be the basis for
determining the appropriate district attorney to be contacted.
SECTION 63. ORS 179.701 is amended to read:
179.701. { + (1) + } The cost-of-care rates for a person
{ + who is or was in a state institution described in ORS
179.321 + } 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 and any other costs
not directly related to the care for a person at a state
institution.
{ + (2) The cost-of-care rates for a person who was a
resident of the Eastern Oregon Training Center shall be
determined by the Department of Human Services. The rates
Enrolled Senate Bill 22 (SB 22-B) Page 43
established shall be reasonably related to the costs to operate,
control, manage and supervise the state training center at the
time of the person's residency. The department must exclude costs
of outpatient services as defined in ORS 430.010 and any other
costs not directly related to the care of the person at the state
training center. + }
SECTION 64. ORS 179.711 is amended to read:
179.711. (1) Remittance of amounts due for care of persons at
state institutions as provided in ORS 179.610 to 179.770 shall be
made to the Department of Corrections { - , the Department of
Human Services - } or the Oregon Health Authority, as
appropriate.
(2) The agency shall refund any unearned payment for the care
of a person at a state institution where payment has been made in
advance and the person dies or is discharged before the end of
the period for which payment was made. Any refund shall be paid
to the person, to the authorized representative of the person or
to the decedent's estate if the person has died. All claims for
refunds approved by the agency shall be paid as provided in ORS
293.295 to 293.462. Any amounts necessary for payment of refunds
are appropriated from the money collected by that agency under
the provisions of ORS 179.610 to 179.770.
SECTION 65. ORS 179.731 is amended to read:
179.731. If the Department of Corrections { - , the Department
of Human Services - } or the Oregon Health Authority determines
that collection of the amount payable under ORS 179.610 to
179.770 for the cost of care of a person would be detrimental to
the best interests of the person or the agency, the agency may
waive the collection of part or all of the amount otherwise
payable.
SECTION 66. ORS 314.840, as amended by section 11, chapter 107,
Oregon Laws 2012, is amended to read:
314.840. (1) The Department of Revenue may:
(a) Furnish any taxpayer, representative authorized to
represent the taxpayer under ORS 305.230 or person designated by
the taxpayer under ORS 305.193, upon request of the taxpayer,
representative or designee, with a copy of the taxpayer's income
tax return filed with the department for any year, or with a copy
of any report filed by the taxpayer in connection with the
return, or with any other information the department considers
necessary.
(b) Publish lists of taxpayers who are entitled to unclaimed
tax refunds.
(c) Publish statistics so classified as to prevent the
identification of income or any particulars contained in any
report or return.
(d) Disclose a taxpayer's name, address, telephone number,
refund amount, amount due, Social Security number, employer
identification number or other taxpayer identification number to
the extent necessary in connection with collection activities or
the processing and mailing of correspondence or of forms for any
report, return or claim required in the administration of ORS
310.630 to 310.706, any local tax under ORS 305.620, or any law
imposing a tax upon or measured by net income.
(2) The department also may disclose and give access to
information described in ORS 314.835 to:
(a) The Governor of the State of Oregon or the authorized
representative of the Governor { - : - }
{ - (A) - } with respect to an individual who is designated
as being under consideration for appointment or reappointment to
Enrolled Senate Bill 22 (SB 22-B) Page 44
an office or for employment in the office of the Governor. The
information disclosed shall be confined to whether the
individual:
{ - (i) - } { + (A) + } Has filed returns with respect to
the taxes imposed by ORS chapter 316 for those of not more than
the three immediately preceding years for which the individual
was required to file an Oregon individual income tax return.
{ - (ii) - } { + (B) + } Has failed to pay any tax within
30 days from the date of mailing of a deficiency notice or
otherwise respond to a deficiency notice within 30 days of its
mailing.
{ - (iii) - } { + (C) + } Has been assessed any penalty
under the Oregon personal income tax laws and the nature of the
penalty.
{ - (iv) - } { + (D) + } Has been or is under investigation
for possible criminal offenses under the Oregon personal income
tax laws. Information disclosed pursuant to this paragraph shall
be used only for the purpose of making the appointment,
reappointment or decision to employ or not to employ the
individual in the office of the Governor.
{ - (B) - } { + (b) + } { - For use by - } An officer or
employee of the Oregon Department of Administrative Services duly
authorized or employed to prepare revenue estimates, or a person
contracting with the Oregon Department of Administrative Services
to prepare revenue estimates, in the preparation of revenue
estimates required for the Governor's budget under ORS 291.201 to
291.226, or required for submission to the Emergency Board or the
Joint Interim Committee on Ways and Means, or if the Legislative
Assembly is in session, to the Joint Committee on Ways and Means,
and to the Legislative Revenue Officer or Legislative Fiscal
Officer under ORS 291.342, 291.348 and 291.445. The Department of
Revenue shall disclose and give access to the information
described in ORS 314.835 for the purposes of this
{ - subparagraph - } { + paragraph + } only if:
{ - (i) - } { + (A) + } The request for information is made
in writing, specifies the purposes for which the request is made
and is signed by an authorized representative of the Oregon
Department of Administrative Services. The form for request for
information shall be prescribed by the Oregon Department of
Administrative Services and approved by the Director of the
Department of Revenue.
{ - (ii) - } { + (B) + } The officer, employee or person
receiving the information does not remove from the premises of
the Department of Revenue any materials that would reveal the
identity of a personal or corporate taxpayer.
{ - (b) - } { + (c) + } The Commissioner of Internal
Revenue or authorized representative, for tax administration and
compliance purposes only.
{ - (c) - } { + (d) + } For tax administration and
compliance purposes, the proper officer or authorized
representative of any of the following entities that has or is
governed by a provision of law that meets the requirements of any
applicable provision of the Internal Revenue Code as to
confidentiality:
(A) A state;
(B) A city, county or other political subdivision of a state;
(C) The District of Columbia; or
(D) An association established exclusively to provide services
to federal, state or local taxing authorities.
Enrolled Senate Bill 22 (SB 22-B) Page 45
{ - (d) - } { + (e) + } The Multistate Tax Commission or
its authorized representatives, for tax administration and
compliance purposes only. The Multistate Tax Commission may make
the information available to the Commissioner of Internal Revenue
or the proper officer or authorized representative of any
governmental entity described in and meeting the qualifications
of paragraph { - (c) - } { + (d) + } of this subsection.
{ - (e) - } { + (f) + } The Attorney General, assistants
and employees in the Department of Justice, or other legal
representative of the State of Oregon, to the extent the
department deems disclosure or access necessary for the
performance of the duties of advising or representing the
department pursuant to ORS 180.010 to 180.240 and the tax laws of
this state.
{ - (f) - } { + (g) + } Employees of the State of Oregon,
other than of the Department of Revenue or Department of Justice,
to the extent the department deems disclosure or access necessary
for such employees to perform their duties under contracts or
agreements between the department and any other department,
agency or subdivision of the State of Oregon, in the department's
administration of the tax laws.
{ - (g) - } { + (h) + } Other persons, partnerships,
corporations and other legal entities, and their employees, to
the extent the department deems disclosure or access necessary
for the performance of such others' duties under contracts or
agreements between the department and such legal entities, in the
department's administration of the tax laws.
{ - (h) - } { + (i) + } The Legislative Revenue Officer or
authorized representatives upon compliance with ORS 173.850. Such
officer or representative shall not remove from the premises of
the department any materials that would reveal the identity of
any taxpayer or any other person.
{ - (i) - } { + (j) + } The Department of Consumer and
Business Services, to the extent the department requires such
information to determine whether it is appropriate to adjust
those workers' compensation benefits the amount of which is based
pursuant to ORS chapter 656 on the amount of wages or earned
income received by an individual.
{ - (j) - } { + (k) + } Any agency of the State of Oregon,
or any person, or any officer or employee of such agency or
person to whom disclosure or access is given by state law and not
otherwise referred to in this section, including but not limited
to the Secretary of State as Auditor of Public Accounts under
section 2, Article VI of the Oregon Constitution; the Department
of Human Services pursuant to ORS 314.860 and 412.094; the
Division of Child Support of the Department of Justice and
district attorney regarding cases for which they are providing
support enforcement services under ORS 25.080; the State Board of
Tax Practitioners, pursuant to ORS 673.710; and the Oregon Board
of Accountancy, pursuant to ORS 673.415.
{ - (k) - } { + (L) + } The Director of the Department of
Consumer and Business Services to determine that a person
complies with ORS chapter 656 and the Director of the Employment
Department to determine that a person complies with ORS chapter
657, the following employer information:
(A) Identification numbers.
(B) Names and addresses.
(C) Inception date as employer.
(D) Nature of business.
(E) Entity changes.
Enrolled Senate Bill 22 (SB 22-B) Page 46
(F) Date of last payroll.
{ - (L) The Director of Human Services to determine that a
person has the ability to pay for care that includes services
provided by the Eastern Oregon Training Center or the Department
of Human Services to collect any unpaid cost of care as provided
by ORS chapter 179. - }
(m) The Director of the Oregon Health Authority to determine
that a person has the ability to pay for care that includes
services provided by the Blue Mountain Recovery Center or the
Oregon State Hospital or the Oregon Health Authority to collect
any unpaid cost of care as provided by ORS chapter 179.
(n) Employees of the Employment Department to the extent the
Department of Revenue deems disclosure or access to information
on a combined tax report filed under ORS 316.168 is necessary to
performance of their duties in administering the tax imposed by
ORS chapter 657.
(o) The State Fire Marshal to assist the State Fire Marshal in
carrying out duties, functions and powers under ORS 453.307 to
453.414, the employer or agent name, address, telephone number
and standard industrial classification, if available.
(p) Employees of the Department of State Lands for the purposes
of identifying, locating and publishing lists of taxpayers
entitled to unclaimed refunds as required by the provisions of
chapter 694, Oregon Laws 1993. The information shall be limited
to the taxpayer's name, address and the refund amount.
(q) In addition to the disclosure allowed under ORS 305.225,
state or local law enforcement agencies to assist in the
investigation or prosecution of the following criminal
activities:
(A) Mail theft of a check, in which case the information that
may be disclosed shall be limited to the stolen document, the
name, address and taxpayer identification number of the payee,
the amount of the check and the date printed on the check.
(B) The counterfeiting, forging or altering of a check
submitted by a taxpayer to the Department of Revenue or issued by
the Department of Revenue to a taxpayer, in which case the
information that may be disclosed shall be limited to the
counterfeit, forged or altered document, the name, address and
taxpayer identification number of the payee, the amount of the
check, the date printed on the check and the altered name and
address.
(r) The United States Postal Inspection Service or a federal
law enforcement agency, including but not limited to the United
States Department of Justice, to assist in the investigation of
the following criminal activities:
(A) Mail theft of a check, in which case the information that
may be disclosed shall be limited to the stolen document, the
name, address and taxpayer identification number of the payee,
the amount of the check and the date printed on the check.
(B) The counterfeiting, forging or altering of a check
submitted by a taxpayer to the Department of Revenue or issued by
the Department of Revenue to a taxpayer, in which case the
information that may be disclosed shall be limited to the
counterfeit, forged or altered document, the name, address and
taxpayer identification number of the payee, the amount of the
check, the date printed on the check and the altered name and
address.
(s) The United States Financial Management Service, for
purposes of facilitating the offsets described in ORS 305.612.
Enrolled Senate Bill 22 (SB 22-B) Page 47
(t) A municipal corporation of this state for purposes of
assisting the municipal corporation in the administration of a
tax of the municipal corporation that is imposed on or measured
by income, wages or net earnings from self-employment. Any
disclosure under this paragraph may be made only pursuant to a
written agreement between the Department of Revenue and the
municipal corporation that ensures the confidentiality of the
information disclosed.
(u) A consumer reporting agency, to the extent necessary to
carry out the purposes of ORS 314.843.
(v) The Public Employees Retirement Board, to the extent
necessary to carry out the purposes of ORS 238.372 to 238.384,
and to any public employer, to the extent necessary to carry out
the purposes of ORS 237.637 (2).
(3)(a) Each officer or employee of the department and each
person described or referred to in subsection (2)(a), { - (e)
to (k) - } { + (b), (f) to (L) + } or (n) to (q) of this section
to whom disclosure or access to the tax information is given
under subsection (2) of this section or any other provision of
state law, prior to beginning employment or the performance of
duties involving such disclosure or access, shall be advised in
writing of the provisions of ORS 314.835 and 314.991, relating to
penalties for the violation of ORS 314.835, and shall as a
condition of employment or performance of duties execute a
certificate for the department, in a form prescribed by the
department, stating in substance that the person has read these
provisions of law, that the person has had them explained and
that the person is aware of the penalties for the violation of
ORS 314.835.
(b) The disclosure authorized in subsection (2)(r) of this
section shall be made only after a written agreement has been
entered into between the Department of Revenue and the person
described in subsection (2)(r) of this section to whom disclosure
or access to the tax information is given, providing that:
(A) Any information described in ORS 314.835 that is received
by the person pursuant to subsection (2)(r) of this section is
confidential information that may not be disclosed, except to the
extent necessary to investigate or prosecute the criminal
activities described in subsection (2)(r) of this section;
(B) The information shall be protected as confidential under
applicable federal and state laws; and
(C) The United States Postal Inspection Service or the federal
law enforcement agency shall give notice to the Department of
Revenue of any request received under the federal Freedom of
Information Act, 5 U.S.C. 552, or other federal law relating to
the disclosure of information.
(4) The Department of Revenue may recover the costs of
furnishing the information described in subsection { - (2)(k)
to (m) - } { + (2)(L), (m) + } and (o) to (q) of this section
from the respective agencies.
SECTION 67. 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
Enrolled Senate Bill 22 (SB 22-B) Page 48
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 a developmental
disability, preadmission screening shall include { - an
assessment by the Developmental Disability Diagnosis and
Evaluation Service established under ORS 427.104 - } { + a
diagnostic evaluation as described in ORS 427.105 + }.
(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 68. ORS 426.330 is amended to read:
426.330. (1) The special funds authorized for the use of the
superintendents of the Oregon State Hospital { - , - } { +
and + } the Blue Mountain Recovery Center { - and the Eastern
Oregon Training Center - } to better enable them promptly to meet
the advances and expenses necessary in the matter of transferring
patients to the state hospitals are continued in existence. The
superintendents shall present their claims monthly with vouchers
that show the expenditures from the special funds during the
preceding month to { - : - }
{ - (a) - } the Oregon Health Authority for the transfer of
patients to the Oregon State Hospital or the Blue Mountain
Recovery Center { + . + } { - ; and - }
{ - (b) The Department of Human Services for the transfer of
patients to the Eastern Oregon Training Center. - }
(2) Against the funds appropriated to cover the cost of
transporting patients, the State Treasurer shall pay { - : - }
{ - (a) - } the claims of the superintendents of the Oregon
State Hospital and the Blue Mountain Recovery Center that have
been approved by the Oregon Health Authority { + . + } { - ;
and - }
{ - (b) The claims of the superintendent of the Eastern
Oregon Training Center that have been approved by the Department
of Human Services. - }
SECTION 69. ORS 547.045 is amended to read:
547.045. (1) Whenever any diking or drainage district is sought
to be created and organized or is created and organized in the
manner provided by law, within the boundaries of which are
located any lands belonging to the state that have been acquired
or used by or for any state institution described in ORS 179.321
{ - , - } { + or used for the Eastern Oregon State Training
Center, + } the Director of Human Services { + , the Department
of Corrections + } or the Director of the Oregon Health Authority
may sign any petition or objections thereto for the organization
of such district and exercise on behalf of the state with respect
to the district and the land therein belonging to the state, all
the rights and privileges of a landowner within the district.
(2) Whenever any such district or proposed district includes
any lands belonging to any public body as defined in ORS 174.109,
the presiding officer of such public body, or other member of the
governing body of such public body, when thereto authorized by a
resolution of the governing body thereof, may sign such petition
or objection thereto on behalf of the public body, and exercise
Enrolled Senate Bill 22 (SB 22-B) Page 49
with respect to the district and the land therein belonging to
the public body, all the rights and privileges of a landowner in
the district, including the right to be a supervisor of the
district.
(3) Lands belonging to a public body as defined in ORS 174.109
shall be subject to the same burdens and liabilities and entitled
to the same benefits as lands in the district belonging to
private individuals. The Department of Human Services { + , the
Department of Corrections + } or the Oregon Health Authority may
pay from any appropriations made for the operation and
maintenance of any institution, the lands of which have been
included in any diking or drainage district, any charges billed
to the
{ - department - } { + departments + } or { + the authority
on + } any assessments levied against such lands by the diking or
drainage district.
SECTION 70. ORS 118.525 is amended to read:
118.525. (1) It shall be unlawful for the Department of Revenue
or any of its officers or employees to divulge or make known in
any manner any particulars disclosed in any return or supporting
data required under this chapter. Except for executors or
beneficiaries and their authorized representatives, it shall be
unlawful for any person or entity who has acquired information
pursuant to subsections (3) and (4) of this section to divulge or
make known such information for any purpose other than that
specified in the provisions of law authorizing the use or
disclosure. No subpoena or judicial order shall be issued
compelling the department, or its officers or employees, or
persons described in subsections (3) and (4) of this section, to
divulge or make known any particulars disclosed in any such
return or supporting data except where the liability for estate
taxes is to be adjudicated by the Oregon Tax Court. Nothing in
this section shall prohibit the publication of statistics so
classified as to prevent the identification of particulars in any
return or supporting data covered by this section.
(2) As used in this section:
(a) 'Officer,' 'employee' or 'person' includes an authorized
representative of the officer, employee or person, or former
officer, employee or person, or an authorized representative of
such former officer, employee or person.
(b) 'Particulars' includes, but is not limited to, a taxpayer's
name, address, telephone number, Social Security number and the
amount of refund claimed by or granted to a taxpayer.
(3) Notwithstanding subsection (1) of this section, the
department may permit, for tax purposes only, the Commissioner of
Internal Revenue or authorized representatives, or an officer or
employee of any state or the District of Columbia which has a
provision of law which meets the requirements of any applicable
provision of the Internal Revenue Code as to confidentiality to
inspect any return or supporting data referred to in subsection
(1) of this section. The department may disclose to the executor
or beneficiary of any estate, or an authorized representative
thereof, any information or particulars otherwise made
confidential by this section, if the department determines that
the executor or beneficiary has a material interest which will be
affected by such information or particulars.
(4) The department may disclose a taxpayer's name, address,
telephone number, Social Security number, refund amount or tax
due to the extent necessary in connection with collection
activities or the processing or mailing of returns,
Enrolled Senate Bill 22 (SB 22-B) Page 50
correspondence or forms with respect to the tax imposed under
this chapter.
(5) The department also may disclose and give access to
information described in subsection (1) of this section to those
persons, agencies or entities, described in ORS 314.840
{ - (2)(e), (f), (g) and (h) - } { + (2)(f), (g), (h) and
(i) + } to the extent authorized by said paragraphs; and to any
agency of the State of Oregon or any person, or any officer or
employee of such agency or person to whom disclosure or access is
given by state law and not otherwise referred to in this section,
including but not limited to the Secretary of State and the
officers and employees thereof, for the uses and purposes
described in ORS 297.060.
(6) Each officer or employee of the department and each person
described or referred to in subsection (5) of this section to
whom disclosure or access to tax information is given, prior to
beginning employment or the performance of duties involving such
disclosure or access, shall be advised in writing of the
provisions of subsection (1) of this section and ORS 118.990 (3),
and shall as a condition of employment or performance of duties
execute a certificate for the department, stating in substance
that the person has read these provisions of law, that the person
has had them explained and that the person is aware of the
penalties for the violation of subsection (1) of this section.
SECTION 71. ORS 314.865 is amended to read:
314.865. A person granted access to information described in
ORS 314.835 under ORS 314.840 { - (2)(a)(B) - }
{ + (2)(b) + } for the purpose of preparing revenue estimates
shall not knowingly or intentionally use the information
disclosed or the information to which access is given for any
purpose if the effect of the use is private pecuniary benefit for
the person or for a member of the person's household.
SECTION 72. ORS 412.094 is amended to read:
412.094. (1) All state, county and city agencies, officers and
employees shall cooperate in the location of parents who have
abandoned or deserted, or are failing to support, children
receiving or applying to receive public assistance and shall on
request supply the Department of Human Services, the Division of
Child Support of the Department of Justice or the district
attorney of any county in the state with all information on hand
relative to the location, income and property of such parents,
including information disclosed to the Division of Child Support
under ORS 314.840 { - (2)(j) - } { + (2)(k) + }. The granting
of aid to the applicant shall not be delayed or contingent upon
receipt of the answer to such requests by the Department of Human
Services, the Division of Child Support or the district attorney.
The Department of Human Services shall use such information only
for the purposes of administration of public assistance to such
children, and the district attorney and the Division of Child
Support shall use such information only for the purpose of
enforcing the liability of such parents to support such children,
and neither shall use the information or disclose it for any
other purpose. Any person who violates this prohibition against
disclosure, upon conviction, is punishable as provided in ORS
314.991 (2).
(2) The Department of Human Services shall cooperate with the
Division of Child Support or the district attorney prosecuting or
considering the prosecution of such parent for nonsupport and
shall report to the Division of Child Support or the district
attorney all information contained in the case record which
Enrolled Senate Bill 22 (SB 22-B) Page 51
concerns the question of nonsupport and the suitability of
prosecution as a method of obtaining support for the child in
each case.
SECTION 73. { + ORS 427.010, 427.020, 427.031, 427.041,
427.051, 427.061, 427.108, 427.112, 427.175, 427.180, 427.185,
427.190, 427.195 and 427.205 are repealed. + }
SECTION 74. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Passed by Senate February 14, 2013
Repassed by Senate April 8, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House April 3, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 22 (SB 22-B) Page 52
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 22 (SB 22-B) Page 53
