Bill Text: OR SB626 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to ombudsman to serve vulnerable adults in residential care.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2013-08-08 - Effective date, January 1, 2014. [SB626 Detail]
Download: Oregon-2013-SB626-Introduced.html
Bill Title: Relating to ombudsman to serve vulnerable adults in residential care.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2013-08-08 - Effective date, January 1, 2014. [SB626 Detail]
Download: Oregon-2013-SB626-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2232
Senate Bill 626
Sponsored by Senator MONNES ANDERSON; Senators DINGFELDER, KRUSE,
ROBLAN, Representatives GELSER, GORSEK
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Renames Long Term Care Ombudsman as Ombudsman for Vulnerable
Adults and renames office of Long Term Care Ombudsman as office
of Ombudsman for Vulnerable Adults. Expands duties of office to
address needs of residents of care facilities who have mental
illness or developmental disabilities. Expands scope of ombudsman
duties to include adult foster homes. Requires ombudsman to
appoint three chief deputy ombudsmen to serve each constituency.
Renames Long Term Care Advisory Committee as Residential
Facilities for Vulnerable Adults Advisory Committee and increases
committee membership.
Renames Long Term Care Ombudsman Account as Ombudsman for
Vulnerable Adults Account.
A BILL FOR AN ACT
Relating to ombudsman to serve vulnerable adults in residential
care; creating new provisions; amending ORS 124.090, 125.060,
125.320, 410.550, 441.100, 441.103, 441.107, 441.109, 441.113,
441.117, 441.121, 441.124, 441.127, 441.131, 441.133, 441.137,
441.142, 441.146, 441.153, 441.650, 441.671, 443.455, 443.738,
443.767, 443.825 and 476.030; and repealing ORS 441.147.
Be It Enacted by the People of the State of Oregon:
{ +
ESTABLISHMENT OF THE OFFICE OF OMBUDSMAN + }
{ +
FOR VULNERABLE ADULTS + }
SECTION 1. ORS 441.100 is amended to read:
441.100. { + As used in ORS 441.100 to 441.153: + }
{ - (1) 'Administrative action' means any action or decision
made by an owner, employee or agent of a long term care facility
or by a public agency that affects the services to residents. - }
{ - (2) 'Committee' means the Long Term Care Advisory
Committee. - }
{ - (3) - } { + (1) + } 'Designee' means an individual
appointed by the
{ - Long Term Care - } Ombudsman { + for Vulnerable
Adults + } to serve as a representative in order to carry out the
purpose of ORS 441.100 to 441.153.
{ - (4) 'Long term care facility' means any licensed skilled
nursing facility intermediate care facility, as defined in rules
adopted under ORS 442.015, adult foster homes with residents over
60 years of age and residential care facility as defined in ORS
443.400. - }
{ + (2) 'Residential facility for vulnerable adults' includes
a:
(a) Long term care facility;
(b) Residential facility as defined in ORS 443.400, excluding
secure residential treatment homes and facilities described in
ORS 443.465; and
(c) Licensed adult foster home as defined in ORS 443.705. + }
SECTION 2. ORS 441.103 is amended to read:
441.103. (1) The office of the { - Long Term Care - }
Ombudsman { + for Vulnerable Adults + } is established. The
{ - Long Term Care - } Ombudsman { + for Vulnerable
Adults + } shall function separately and independently from any
other state agency. The Governor shall appoint the { - Long
Term Care - } Ombudsman { + for Vulnerable Adults + } for a
four-year term from a list of three nominees nominated by the
{ - Long Term Care - } { + Residential Facilities for
Vulnerable Adults + } Advisory Committee established under ORS
441.137. { + The appointment of the Ombudsman for Vulnerable
Adults is subject to Senate confirmation under ORS 171.562 and
171.565. + } { - Vacancies - } { + A vacancy + } shall be
filled within 60 days in the same manner as { + an appointment
is made. + }
{ - appointments are made, subject to Senate confirmation under
ORS 171.562 and 171.565. - }
(2) The { - Long Term Care - } Ombudsman { + for Vulnerable
Adults + } may be removed for just cause, upon recommendation to
the Governor by the { - Long Term Care - } { + Residential
Facilities for Vulnerable Adults + } Advisory Committee.
(3) The { - Long Term Care - } Ombudsman { + for Vulnerable
Adults + } shall have background and experience in the following
areas:
(a) The { - field - } { + fields + } of aging { + , mental
health or developmental disabilities + };
(b) { + Physical or behavioral + } health care;
(c) Working with community programs;
(d) Strong understanding of long term care issues, both
regulatory and policy;
(e) Working with health care providers;
(f) Working with and involvement in volunteer programs; and
(g) Administrative and managerial experience.
{ + (4) The Ombudsman for Vulnerable Adults shall appoint
three chief deputy ombudsmen with relevant background and
experience as follows:
(a) One chief deputy ombudsman for residents who are seniors or
have physical disabilities;
(b) One chief deputy ombudsman for residents who have mental
illness; and
(c) One chief deputy ombudsman for residents who have
developmental disabilities. + }
SECTION 3. ORS 441.107 is amended to read:
441.107. The funding for the office of the { - Long Term
Care - } Ombudsman { + for Vulnerable Adults + } shall include
at least one percent of Title III(B) of the Older Americans Act
(Public Law 89-73) funding received by this state.
SECTION 4. ORS 441.109 is amended to read:
441.109. { + (1) + } The office of the { - Long Term
Care - } Ombudsman { + for Vulnerable Adults + } shall carry
out the following duties:
{ - (1) - } { + (a) + } Investigate and resolve complaints
made by or for residents of { - long term care - } { +
residential + } facilities { + for vulnerable adults + } about
administrative actions that may adversely affect their health,
safety, welfare or rights, including subpoenaing any person to
appear, give sworn testimony or to produce documentary or other
evidence that is reasonably material to any matter under
investigation.
{ - (2) - } { + (b) + } Undertake, participate in or
cooperate with persons and agencies in such conferences,
inquiries, meetings or studies as may lead to improvements in the
functioning of { - long term care - } { + residential + }
facilities { + for vulnerable adults + }.
{ - (3) - } { + (c) + } Monitor the development and
implementation of federal, state and local laws, regulations and
policies that relate to { - long term care - } { +
residential + } facilities { + for vulnerable adults + } in this
state.
{ - (4) - } { + (d) + } Provide information to public
agencies about the problems of residents of { - long term
care - } { + residential + } facilities { + for vulnerable
adults + }.
{ - (5) - } { + (e) + } Work closely with cooperative
associations and citizen groups in this state { + and the state
protection and advocacy system under ORS 192.517 + }.
{ - (6) - } { + (f) + } Widely publicize the { - Long
Term Care Ombudsman's - } service, purpose and mode of
operation { + of the office of the Ombudsman for Vulnerable
Adults + }.
{ - (7) - } { + (g) + } Collaborate with the { + Oregon
Health Authority, the + } Department of Human Services { + , + }
{ - and - } the Nursing Home Administrators Board { + and any
other appropriate licensing boards + } to establish a statewide
system to collect and analyze information on complaints and
conditions in { - long term care - } { + residential + }
facilities { + for vulnerable adults + } for the purpose of
publicizing improvements and resolving significant problems.
{ - (8) - } { + (h) + } Appoint designees to serve as local
representatives of the office in various districts of the state
and regularly monitor their functions.
{ - (9) - } { + (i) + } Specify qualifications and duties
of designees.
{ - (10) - } { + (j) + } Adopt rules necessary for carrying
out ORS 441.100 to 441.133, after consultation with the
{ + Residential Facilities for Vulnerable Adults Advisory + }
Committee.
{ - (11) - } { + (k) + } Provide periodically, or at least
twice annually, a report to the Governor, { + authority, + }
department and the Legislative Assembly.
{ - (12) - } { + (L) + } Prepare necessary reports with the
assistance of the { + authority and the + } department.
{ + (2) The Oregon Health Authority and the Department of
Human Services shall provide the office of the Ombudsman for
Vulnerable Adults with a list of the number of beds in each
residential facility for vulnerable adults for which the office
has responsibilities under this section.
(3) As used in this section, 'administrative action' means any
action or decision made by an owner, employee or agent of a
residential facility for vulnerable adults or by a public agency
that affects the services to residents of the facility. + }
SECTION 5. ORS 441.113 is amended to read:
441.113. The { - Long Term Care - } Ombudsman { + for
Vulnerable Adults + } shall establish procedures to maintain the
confidentiality of the records and files of residents of
{ - long term care - } { + residential + } facilities { + for
vulnerable adults + }. These procedures must meet the following
requirements:
(1) The { - ombudsman or - } { + office of the Ombudsman
for Vulnerable Adults or a + } designee { - shall - } { +
may + } not disclose, except to state agencies, the identity of
any resident unless the complainant or the resident, or the legal
representative of either, consents in writing to the disclosure
and specifies to whom the disclosure may be made.
(2) The identity of any complainant or resident on whose behalf
a complaint is made, or individual providing information on
behalf of the { + complainant or the + } resident { - or
complainant - } , shall be confidential. If the complaint becomes
the subject of judicial proceedings, the investigative
information held by the { - ombudsman - } { + office + } or
designee shall be disclosed for the purpose of the proceedings if
requested by the court.
SECTION 6. ORS 441.117 is amended to read:
441.117. (1) The { - Long Term Care - } Ombudsman { + for
Vulnerable Adults, the chief deputy ombudsmen + }and each
designee shall have the right of entry into { - long term
care - } { + residential + } facilities { + for vulnerable
adults + } at any time considered necessary and reasonable by the
{ - ombudsman - } { + ombudsman, chief deputy ombudsmen + } or
the designee for the purpose of:
(a) Investigating and resolving complaints { + made + } by
residents or { + made + } on their behalf;
(b) Interviewing residents, with their consent, in private;
(c) Offering the services of the ombudsman { + , chief deputy
ombudsmen + } or designee to any resident, in private;
(d) Interviewing employees or agents of the { - long term
care - } facility;
(e) Consulting regularly with the facility administration; and
(f) Providing services authorized by law or by rule.
(2) The { - Long Term Care - } ombudsman { + and the chief
deputy ombudsmen + } shall have access to any resident's records,
and to records of any public agency necessary to the duties of
the
{ - office - } { + ombudsman or chief deputy ombudsmen + },
including records on patient abuse complaints made pursuant to
ORS 441.630 to 441.680 { + , + }
{ - and - } 441.995 { + and 430.735 to 430.765 + }.
{ - Nothing contained in - } { + The provisions of + } ORS
192.553 to 192.581 { - is - } { + are not + } intended to
limit the access of the { - Long Term Care - } ombudsman
{ + or chief deputy ombudsmen + } to medical records of
residents of { - long term care - } { + residential + }
facilities { + for vulnerable adults + }. Designees may have
access to individual resident's records, including medical
records as authorized by the resident or resident's legal
representative, if needed to investigate a complaint.
(3) Entry and investigation authorized by this section shall be
done in a manner that does not disrupt significantly the
providing of nursing { + , residential + } or other personal
care { + or treatment + } to residents.
(4) The ombudsman { + or chief deputy ombudsman + } or the
designee must show identification to the person in charge of the
facility. The resident shall have the right to refuse to
communicate with the ombudsman { + , the chief deputy
ombudsman + } or { + the + } designee. The refusal shall be made
directly to the { - ombudsman - } { + office + } or
{ + the + } designee and not through an intermediary.
(5) The resident shall have the right to participate in
planning any course of action to be taken on behalf of the
resident by the { - ombudsman - } { + office + } or the
designee.
SECTION 7. ORS 441.121 is amended to read:
441.121. { + (1) + } Following an investigation, the Ombudsman
{ + for Vulnerable Adults, a chief deputy ombudsman + } or the
designee shall report opinions or recommendations to the party or
parties affected { - thereby - } and { + , if appropriate, + }
shall attempt to resolve the complaint { - , using, whenever
possible, - } { + using + } informal techniques of mediation,
conciliation and persuasion. Complaints of conditions adversely
affecting residents of { - long term care - } { +
residential + } facilities { + for vulnerable adults + }, or
{ - those - } { + complaints of conditions + } threatening the
safety or well-being of residents that cannot be resolved in the
manner described in this section, shall be referred to an
appropriate state agency.
{ + (2) + } Programs that promote the safety or emotional or
physical well-being of { - long term care - } residents
{ + of residential facilities for vulnerable adults + } shall be
promoted and publicized by the ombudsman { + , the chief deputy
ombudsmen + } and the designees.
SECTION 8. ORS 441.124 is amended to read:
441.124. (1) The { - Long Term Care Ombudsman - } { +
office of the Ombudsman for Vulnerable Adults + } shall prepare
and distribute to each { - long term care - }
{ + residential + } facility { + for vulnerable adults + } in
this state a written notice describing the procedures to follow
in making a complaint, including the address and telephone number
of the { - ombudsman - } { + office + } and local designee,
if any { + , and a poster describing the office of the Ombudsman
for Vulnerable Adults and providing contact information + }.
(2) The administrator of each { - long term care - } { +
residential + } facility { + for vulnerable adults + } shall
post the written notice { + and poster + } required by this
section in conspicuous places in the facility in accordance with
procedures provided by the { - ombudsman - } { + office + }
and shall give { - such - } { + the written + } notice to
{ - any - } { + each + } resident and legally appointed
guardian, if any.
SECTION 9. ORS 441.127 is amended to read:
441.127. (1) Any employee or agent of { - the long term
care - } { + a residential + } facility { + for vulnerable
adults + } acting in good faith in discussing { - patient - }
{ + resident + } care pursuant to ORS 441.117 shall have
immunity from any civil liability { - , - } that might
otherwise be incurred or imposed with respect to the making of
such report.
(2) Any employee or agent who makes a report pursuant to ORS
441.117 { - shall - } { + may + } not be subjected to any
retaliation by any official or other employee of a { - long
term care - } { + residential + } facility { + for vulnerable
adults + } solely for making a report, including but not limited
to restriction of otherwise lawful access to the facility or to
any resident { - thereof - } { + of the facility + }, or, if
an employee, to dismissal or harassment.
(3) The Ombudsman { + for Vulnerable Adults, the chief deputy
ombudsmen + } or the designee acting in good faith in discussing
{ - patient - } { + resident + } care pursuant to ORS 441.117
shall have immunity from any civil liability, that might
otherwise be incurred or imposed with respect to the discussion.
SECTION 10. ORS 441.131 is amended to read:
441.131. (1) The appointments of designees shall be made in
consultation with a local screening committee { - which - }
{ + that + } may consist of but not be limited to persons
representing:
(a) The area agency on aging.
(b) The local office of the Department of Human Services.
(c) The local health department.
(d) Senior citizens groups in the area.
(e) { - Long term care - } { + Residential + } facilities
{ + for vulnerable adults + } in the area.
(f) Local elected officials.
{ + (g) The community mental health program director or local
mental health authority.
(h) The community developmental disabilities program director.
(i) Representatives from the Oregon Health Authority. + }
(2) To be appointed as a designee, a person must complete six
days of initial training and attend quarterly training sessions
{ - which - } { + that + } are approved by the { - Long
Term Care - } Ombudsman { + for Vulnerable Adults + } and
{ - which - } { + that + } shall be coordinated and funded by
the Department of Human Services { + and the Oregon Health
Authority, + } subject to the availability of funds
{ - therefor - } . Local screening committees shall be appointed
by and serve at the pleasure of the Ombudsman { + for Vulnerable
Adults + }.
(3) Designees must sign a contract with the state
{ - which - } { + that + } outlines the scope of their duties.
In districts where a designee is an employee or agent of a local
entity, a three-party contract shall be executed. Violation of
the contract is cause for the termination of the appointment. A
directory of all designees shall be maintained in the office of
the { - Long Term Care - } Ombudsman { + for Vulnerable
Adults + }.
(4) The qualifications of designees shall include experience
with { - long term care - } { + residential + } facilities
{ + for vulnerable adults + } or residents { - thereof - } or
potential residents { + of these facilities, and + }
{ - including - } the ability to communicate well, to
understand laws, rules and regulations, and to be assertive, yet
objective.
(5) { + Applicants who have + } experience in either social
service, { + mental health, developmental disability
services, + } gerontology, nursing or paralegal work { - shall
be preferred - } { + shall be given preference in the
appointment of designees + }.
(6) The contract shall include statements that the purpose of
the { - Long Term Care Ombudsman Program - } { + office of
the Ombudsman for Vulnerable Adults + } is to:
(a) Promote rapport and trust between the residents { - , - }
{ + and + } staff of the { - nursing home and nursing home
ombudsman program - } { + residential facilities for vulnerable
adults and the office + };
(b) Assist { - nursing home - } residents with participating
more actively in determining the delivery of services { - in
long term care - } { + at the + } facilities;
(c) Serve as an educational resource;
(d) Receive, resolve or relay concerns to the { - Long Term
Care - } ombudsman { + or chief deputy ombudsmen + } or the
appropriate agency; and
(e) { - Assure - } { + Ensure + } equitable resolution of
problems.
(7) The duties of the designees are to:
(a) Visit each assigned { - long term care - }
{ + residential + } facility { + for vulnerable adults + } on
a regular basis:
(A) Upon arrival and departure, inform a specified staff
member.
(B) Review, with a specified staff member, any problems or
concerns { - which - } { + that + } need to be considered.
(C) Visit individual residents and resident councils.
(b) Maintain liaison with appropriate agencies and the
{ - Long Term Care Ombudsman - } { + office + }.
(c) Report, in writing, monthly to the { - Long Term Care
Ombudsman - } { + office + }.
(d) Keep residents and { - long term care - } staff informed
of the
{ - Long Term Care Ombudsman Program - } { + services
provided by the office + }.
(e) Periodically review the patients' bill of rights { +
prescribed in ORS 441.605, 441.610 and 441.612 + } with
residents, families, guardians, administrators and staff { + of
residential facilities for vulnerable adults + }.
(f) Perform other related duties as specified.
SECTION 11. ORS 441.133 is amended to read:
441.133. Nothing in ORS 441.100 to 441.153 shall affect the
right of residents of a { - long term care - } { +
residential + } facility { + for vulnerable adults + } to see
visitors of their choice.
SECTION 12. ORS 441.137 is amended to read:
441.137. (1) There is established a { - Long Term Care - }
{ + Residential Facilities for Vulnerable Adults + } Advisory
Committee of
{ - seven - } { + nine + } members to be appointed in the
following manner:
(a) One person appointed by the Speaker of the House of
Representatives;
(b) One person appointed by the President of the Senate;
(c) One person appointed by the House Minority Leader;
(d) One person appointed by the Senate Minority Leader;
(e) { - Two persons, from a - } { + One person appointed by
the Governor from each + } list of four names submitted by
{ - the organizations of - } { + organizations for + }
seniors, { + organizations for persons with mental illness and
the Oregon Council on Developmental Disabilities + }
{ - appointed by the Governor - } ; and
(f) { - One person - } { + Two persons + } appointed by the
Governor.
(2) Members described in subsection (1)(e) and (f) of this
section are subject to confirmation by the Senate under ORS
171.562 and 171.565.
(3) The term of office of each member is four years. Before the
expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term.
(4) The members of the committee must be { - citizens - }
{ + residents + } of this state who are broadly representative
to the extent possible of persons { - over 55 years of age - }
{ + residing in residential facilities for vulnerable
adults + }, including { - persons with disabilities and - }
members of racial and ethnic minorities, who have knowledge and
interest in the problems of { - the elderly - } { + persons
residing in residential facilities for vulnerable adults, + } and
{ + who + } are representative of all areas of { - the - }
{ + this + } state. At least five members shall be at least 60
years of age.
(5) A member of the committee may not have a financial or
fiduciary interest in { - long term care - } { +
residential + } facilities { + for vulnerable adults + } or
service providers, or involvement in the licensing or
certification of { - long term care - } { + residential + }
facilities { + for vulnerable adults + } or service providers.
{ + (6) The committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the
functions of such offices as the committee determines.
(7) A majority of the members of the committee constitutes a
quorum for the transaction of business. Decisions may be made by
a majority of the quorum.
(8) The committee shall meet at least once each month at a
place, day and hour determined by the committee. The committee
also shall meet at other times and places specified by the call
of the chairperson or of a majority of the members of the
committee. The committee shall confer each month with the
Ombudsman for Vulnerable Adults.
(9) A member of the committee is entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 13. ORS 441.142 is amended to read:
441.142. The { - Long Term Care - } { + Residential
Facilities for Vulnerable Adults + } Advisory Committee shall:
(1) Monitor the { - Long Term Care Ombudsman Program - }
{ + services provided by the office of the Ombudsman for
Vulnerable Adults + }.
(2) Advise the Governor and the Legislative Assembly on the
{ - Long Term Care Ombudsman Program - } { + services
provided by the office of the Ombudsman for Vulnerable
Adults + }.
(3) Nominate, after interviews and according to prescribed
criteria, three persons to fill the { - office of Long Term
Care - } Ombudsman { + for Vulnerable Adults position or to fill
a vacancy in the position + }.
SECTION 14. ORS 441.146 is amended to read:
441.146. (1) A { - long term care - } { + residential + }
facility { + for vulnerable adults + } that files a complaint
against a designee appointed under ORS 441.131 and objects to the
action of the { - Long Term Care - } { + office of the + }
Ombudsman { + for Vulnerable Adults + } in resolving the
complaint may appeal the { - ombudsman's - } { + office's + }
action to a panel of the { - Long Term Care - } { +
Residential Facilities for Vulnerable Adults + } Advisory
Committee.
(2) The committee on its own motion may review any action by
the { - ombudsman - } { + office + } appealable under this
section. The review shall provide an opportunity for written and
oral presentation by the { - long term care - }
{ + residential + } facility { + for vulnerable adults + } and
the { - ombudsman - } { + office + }. The committee shall
issue its findings and any instructions to the ombudsman in
written form consistent with the federal Older Americans Act { +
or other applicable federal law + }.
(3) If the committee disagrees with the action of the
{ - ombudsman - } { + office + }, the committee may refer the
resolution back to the ombudsman with instructions consistent
with the federal Older Americans Act { + or other applicable
federal law + } to conform the
{ - ombudsman's - } { + office's + } action in the matter to
the recommendations of the committee.
SECTION 15. ORS 441.153 is amended to read:
441.153. The { - Long Term Care - } Ombudsman { + for
Vulnerable Adults + } Account is established { + in the State
Treasury, + } separate and distinct from the General Fund. All
miscellaneous receipts, gifts and federal and other grants
received by the { - Long Term Care - } Ombudsman { + for
Vulnerable Adults + } shall be deposited into the { - Long Term
Care Ombudsman - } account and are continuously appropriated to
the { - Long Term Care Ombudsman - } { + office of the
Ombudsman for Vulnerable Adults + } for carrying out the
responsibilities of the
{ - Long Term Care Ombudsman - } { + office + }.
SECTION 16. ORS 443.455 is amended to read:
443.455. (1) { + Except as provided in subsection (5) of this
section, + } for purposes of imposing civil penalties,
residential facilities approved under ORS 443.400 to 443.455 are
subject to ORS 441.705 to 441.745.
(2) The Director of Human Services shall by rule prescribe a
schedule of penalties for residential care facilities,
residential training facilities and residential training homes
that are not in compliance with ORS 443.400 to 443.455.
(3) The Director of the Oregon Health Authority shall by rule
prescribe a schedule of penalties for residential treatment
facilities and residential treatment homes that are not in
compliance with ORS 443.400 to 443.455.
(4) If the department or authority investigates and makes a
finding of abuse arising from deliberate or other than accidental
action or inaction that is likely to cause a negative outcome by
a person with a duty of care toward a resident of a residential
facility and if the abuse resulted in the death, serious injury,
rape or sexual abuse of a resident, the department or authority
shall impose a civil penalty of not less than $2,500 for each
occurrence of substantiated abuse, not to exceed $15,000 in any
90-day period. As used in this subsection:
(a) 'Negative outcome' includes serious injury, rape, sexual
abuse or death.
(b) 'Rape' means rape in the first, second or third degree as
described in ORS 163.355, 163.365 and 163.375.
(c) 'Serious injury' means physical injury that creates a
substantial risk of death or that causes serious and protracted
disfigurement, protracted impairment of health or protracted loss
or impairment of the function of any bodily organ.
(d) 'Sexual abuse' means any form of nonconsensual sexual
contact, including but not limited to unwanted or inappropriate
touching, sodomy, sexual coercion, sexually explicit
photographing and sexual harassment.
{ + (5) Civil penalties recovered from a residential training
facility, residential training home, residential treatment
facility or residential treatment home shall be deposited in the
Ombudsman for Vulnerable Adults Account established in ORS
441.153. + }
SECTION 17. ORS 443.825 is amended to read:
443.825. All penalties recovered under ORS 443.790 to 443.815
shall be deposited { + :
(1) + } In the Quality Care Fund established in ORS 443.001
{ + if paid by an adult foster home providing residential care
to persons with physical disabilities.
(2) In the Ombudsman for Vulnerable Adults Account established
in ORS 441.153 if paid by an adult foster home providing care to
persons with mental illness or developmental disabilities + }.
{ +
CONFORMING AMENDMENTS + }
SECTION 18. ORS 124.090, as amended by section 12, chapter 70,
Oregon Laws 2012, is amended to read:
124.090. (1) Notwithstanding the provisions of ORS 192.410 to
192.505, the names of the public or private official or any other
person who made the complaint, the witnesses and the elderly
persons, and the reports and records compiled under the
provisions of ORS 124.050 to 124.095, are confidential and are
not accessible for public inspection.
(2) Notwithstanding subsection (1) of this section, the
Department of Human Services or the department's designee may, if
appropriate, make the names of the witnesses and the elderly
persons, and the reports and records compiled under ORS 124.050
to 124.095, available to:
(a) A law enforcement agency;
(b) A public agency that licenses or certifies residential
facilities or licenses or certifies the persons practicing in the
facilities;
(c) A public agency or private nonprofit agency or organization
providing protective services for the elderly person;
(d) The { - Long Term Care - } Ombudsman { + for Vulnerable
Adults + };
(e) A public agency that licenses or certifies a person that
has abused or is alleged to have abused an elderly person;
(f) A court pursuant to a court order or as provided in ORS
125.012; and
(g) An administrative law judge in an administrative proceeding
when necessary to provide protective services as defined in ORS
410.040 to an elderly person, when in the best interests of the
elderly person or when necessary to investigate, prevent or treat
abuse of an elderly person.
(3) Information made available under subsection (2) of this
section, and the recipient of the information, are otherwise
subject to the confidentiality provisions of ORS 124.050 to
124.095.
SECTION 19. ORS 125.060 is amended to read:
125.060. (1) The notices required by this section must be given
to all persons whose identities and addresses can be ascertained
in the exercise of reasonable diligence by the person required to
give the notice.
(2) Notice of the filing of a petition for the appointment of a
fiduciary or entry of other protective order must be given by the
petitioner to the following persons:
(a) The respondent, if the respondent has attained 14 years of
age.
(b) The spouse, parents and adult children of the respondent.
(c) If the respondent does not have a spouse, parent or adult
child, the person or persons most closely related to the
respondent.
(d) Any person who is cohabiting with the respondent and who is
interested in the affairs or welfare of the respondent.
(e) Any person who has been nominated as fiduciary or appointed
to act as fiduciary for the respondent by a court of any state,
any trustee for a trust established by or for the respondent, any
person appointed as a health care representative under the
provisions of ORS 127.505 to 127.660 and any person acting as
attorney-in-fact for the respondent under a power of attorney.
(f) If the respondent is a minor, the person who has exercised
principal responsibility for the care and custody of the
respondent during the 60-day period before the filing of the
petition.
(g) If the respondent is a minor and has no living parents, any
person nominated to act as fiduciary for the minor in a will or
other written instrument prepared by a parent of the minor.
(h) If the respondent is receiving moneys paid or payable by
the United States through the Department of Veterans Affairs, a
representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(i) If the respondent is receiving moneys paid or payable for
public assistance provided under ORS chapter 411 by the State of
Oregon through the Department of Human Services, a representative
of the department.
(j) If the respondent is receiving moneys paid or payable for
medical assistance provided under ORS chapter 414 by the State of
Oregon through the Oregon Health Authority, a representative of
the authority.
(k) If the respondent is committed to the legal and physical
custody of the Department of Corrections, the Attorney General
and the superintendent or other officer in charge of the facility
in which the respondent is confined.
(L) If the respondent is a foreign national, the consulate for
the respondent's country.
(m) Any other person that the court requires.
(3) Notice of a motion for the termination of the protective
proceedings, for removal of a fiduciary, for modification of the
powers or authority of a fiduciary, for approval of a fiduciary's
actions or for protective orders in addition to those sought in
the petition must be given by the person making the motion to the
following persons:
(a) The protected person, if the protected person has attained
14 years of age.
(b) Any person who has filed a request for notice in the
proceedings.
(c) Except for a fiduciary who is making a motion, any
fiduciary who has been appointed for the protected person.
(d) If the protected person is receiving moneys paid or payable
by the United States through the Department of Veterans Affairs,
a representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(e) If the protected person is committed to the legal and
physical custody of the Department of Corrections, the Attorney
General and the superintendent or other officer in charge of the
facility in which the protected person is confined.
(f) Any other person that the court requires.
(4) A request for notice under subsection (3)(b) of this
section must be in writing and include the name, address and
phone number of the person requesting notice. A copy of the
request must be mailed by the person making the request to the
petitioner or to the fiduciary if a fiduciary has been appointed.
The original request must be filed with the court. The person
filing the request must pay the fee specified by ORS 21.135.
(5) A person who files a request for notice in the proceedings
in the manner provided by subsection (4) of this section is
entitled to receive notice from the fiduciary of any motion
specified in subsection (3) of this section and of any other
matter to which a person listed in subsection (2) of this section
is entitled to receive notice under a specific provision of this
chapter.
(6) If the Department of Human Services is nominated as
guardian for the purpose of consenting to the adoption of a
minor, the notice provided for in this section must also be given
to the minor's brothers, sisters, aunts, uncles and grandparents.
(7) In addition to the requirements of subsection (2) of this
section, notice of the filing of a petition for the appointment
of a guardian for a person who is alleged to be incapacitated
must be given by the petitioner to the following persons:
(a) Any attorney who is representing the respondent in any
capacity.
(b) If the respondent is a resident of a nursing home or
residential facility, or if the person nominated to act as
fiduciary intends to place the respondent in a nursing home or
residential facility, the office of the { - Long Term Care - }
Ombudsman { + for Vulnerable Adults + }.
(c) If the respondent is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the person nominated to act as
fiduciary intends to place the respondent in such a facility, the
system described in ORS 192.517 (1).
(8) In addition to the requirements of subsection (3) of this
section, in a protective proceeding in which a guardian has been
appointed, notice of the motions specified in subsection (3) of
this section must be given by the person making the motion to the
following persons:
(a) Any attorney who represented the protected person at any
time during the protective proceeding.
(b) If the protected person is a resident of a nursing home or
residential facility, or if the motion seeks authority to place
the protected person in a nursing home or residential facility,
the office of the { - Long Term Care - } Ombudsman { + for
Vulnerable Adults + }.
(c) If the protected person is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the motion seeks authority to
place the protected person in such a facility, the system
described in ORS 192.517 (1).
(9) A respondent or protected person may not waive the notice
required under this section.
(10) The requirement that notice be served on an attorney for a
respondent or protected person under subsection (7)(a) or (8)(a)
of this section does not impose any responsibility on the
attorney receiving the notice to represent the respondent or
protected person in the protective proceeding.
SECTION 20. ORS 125.320 is amended to read:
125.320. (1) A guardian may not authorize the sterilization of
the protected person.
(2) A guardian may not use funds from the protected person's
estate for room and board that the guardian or guardian's spouse,
parent or child have furnished the protected person unless the
charge for the service is approved by order of the court before
the payment is made.
(3)(a) Before a guardian may place an adult protected person in
a mental health treatment facility, a nursing home or other
residential facility, the guardian must file a statement with the
court informing the court that the guardian intends to make the
placement.
(b) Notice of the statement of intent must be given in the
manner provided by ORS 125.065 to the persons specified in ORS
125.060 (3).
(c) In addition to the requirements of paragraph (b) of this
subsection, notice of the statement of intent must be given in
the manner provided by ORS 125.065 by the guardian to the
following persons:
(A) Any attorney who represented the protected person at any
time during the protective proceeding.
(B) If the protected person is a resident of a nursing home or
residential facility, or if the notice states the intention to
place the protected person in a nursing home or residential
facility, the office of the { - Long Term Care - }
Ombudsman { + for Vulnerable Adults + }.
(C) If the protected person is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the notice states the intention
to place the protected person in such a facility, the system
described in ORS 192.517 (1).
(d) In addition to the requirements of ORS 125.070 (1), the
notice given to the protected person must clearly indicate the
manner in which the protected person may object to the proposed
placement.
(e) The guardian may thereafter place the adult protected
person in a mental health treatment facility, a nursing home or
other residential facility without further court order. If an
objection is made in the manner provided by ORS 125.075, the
court shall schedule a hearing on the objection as soon as
practicable.
(f) The requirement that notice be served on an attorney for a
protected person under paragraph (c)(A) of this subsection does
not impose any responsibility on the attorney receiving the
notice to represent the protected person in the protective
proceeding.
SECTION 21. ORS 410.550 is amended to read:
410.550. (1) The Medicaid Long Term Care Quality and
Reimbursement Advisory Council is created, to consist of 12
members. Appointed members shall be residents of the State of
Oregon and representative of the geographic locations of all long
term care facilities and community-based care facilities in this
state. The members shall include:
(a) The { - Long Term Care - } Ombudsman { + for Vulnerable
Adults + }, who shall serve as a standing member of the council;
(b) A representative of the Governor's Commission on Senior
Services, to be appointed by the commission;
(c) A representative of the Oregon Disabilities Commission, to
be appointed by the commission;
(d) A representative of the Oregon Association of Area Agencies
on Aging and Disabilities, to be appointed by the Governor;
(e) A representative of a senior or disabilities advocacy
organization or an individual who advocates on behalf of seniors
or persons with disabilities, to be appointed by the Governor;
(f) A nursing home administrator licensed under ORS 678.710 to
678.820 who has practiced continuously in Oregon in long term
care for three years immediately preceding appointment, to be
appointed by the Speaker of the House of Representatives;
(g) Two consumers of { - long term care - } { +
residential + } facilities { + for vulnerable adults, as
defined in ORS 441.100, + } or community-based care facilities or
family members of such residents, to be appointed by the Speaker
of the House of Representatives;
(h) A director of nurses of an Oregon long term care facility
who has practiced in this state in long term care for three years
preceding appointment, to be appointed by the Speaker of the
House of Representatives;
(i) A representative of an assisted living facility or a
residential care facility, to be appointed by the President of
the Senate;
(j) A representative of an adult foster home, to be appointed
by the President of the Senate; and
(k) An in-home care agency provider, to be appointed by the
President of the Senate.
(2) The term of office for each member appointed under this
section shall be three years or until a successor has been
appointed and qualified.
(3) Members of the council shall receive no compensation for
their services but unpaid volunteers not otherwise compensated
shall be allowed actual and necessary travel expenses incurred in
the performance of their duties.
(4) The council shall:
(a) Elect a chairperson from among its members and elect or
appoint a secretary, each of whom shall hold office for one year
or until successors are elected;
(b) Hold an annual meeting and hold other meetings at such
times and places as the Department of Human Services or the
chairperson of the council may direct;
(c) Keep a record of its proceedings that is open to inspection
at all times; and
(d) Act in an advisory capacity to the department on matters
pertaining to quality of long term care facilities and
community-based care facilities and reimbursement for long term
care services and community-based care services.
SECTION 22. ORS 441.650 is amended to read:
441.650. (1) Upon receipt of the oral or written report
required under ORS 441.640, or of an abuse complaint, the area
agency on aging, the Department of Human Services or the law
enforcement agency shall cause an investigation to be commenced
as follows:
(a) Within two hours, if the complaint alleges that a
resident's health or safety is in imminent danger or that the
resident has recently died, been hospitalized or been treated in
an emergency room; or
(b) Prior to the end of the next working day, if the complaint
alleges that circumstances exist that could result in abuse and
that the circumstances could place a resident's health or safety
in imminent danger.
(2) If the law enforcement agency conducting the investigation
finds reasonable cause to believe that abuse has occurred, the
law enforcement agency shall notify in writing the local office
of the area agency or the department as appropriate. Except in
cases where the investigation is part of nursing facility
surveyor activity pursuant to federal law, the area agency or the
department shall complete an initial status report within two
working days of the start of the investigation that includes:
(a) A summary of the complaint that identifies each alleged
incident or problem;
(b) The status of the investigation;
(c) Whether an abuse complaint was initially filed at the
direction of the administration of the facility;
(d) A determination of whether protection of the resident is
needed and whether the facility must take action;
(e) The name and telephone number of the investigator; and
(f) The projected date that the investigation report will be
completed and a statement that the report will be available upon
request after the department issues a letter of determination.
(3) The initial status report described in subsection (2) of
this section shall be provided either in person or by mail to the
following individuals as soon as practicable, but no later than
two working days after its completion:
(a) The complainant, unless the complainant waives the
requirement;
(b) If the complaint involves a specific resident, the resident
or a person designated to receive information concerning the
resident;
(c) A representative of the { - Long Term Care - }
Ombudsman { + for Vulnerable Adults + }, upon request; and
(d) The long term care facility.
(4) The initial status report described in subsection (2) of
this section shall be available for public inspection.
(5) When copies of the initial status report described in
subsection (2) of this section are made available to individuals
listed in subsection (3) of this section, the names of the
resident involved, the complainant and any individuals
interviewed by the investigator shall be deleted from the copies.
(6) In investigating an abuse complaint, the investigator
shall:
(a) Make an unannounced visit to the facility, except as
provided by ORS 441.690, to determine the nature and cause of the
abuse of the resident;
(b) Interview all available witnesses identified by any source
as having personal knowledge relevant to the abuse complaint,
such interviews to be private unless the witness expressly
requests the interview not to be private;
(c) Make personal inspection of all physical circumstances that
are relevant and material and that are susceptible to objective
observation; and
(d) Write an investigation report that includes:
(A) The investigator's personal observations;
(B) A review of documents and records;
(C) A summary of all witness statements; and
(D) A statement of the factual basis for the findings for each
incident or problem alleged in the complaint.
(7) Within five working days of completion of the investigation
and not later than 60 days from completion of the initial status
report described in subsection (2) of this section, the
investigator shall provide the department with the written report
required by subsection (6) of this section. The department shall
make the investigation report available upon request after the
letter of determination is complete. When copies of the report
are made available, the names of the resident involved, the
complainant and any individuals interviewed by the investigator
shall be deleted from the copies.
SECTION 23. ORS 441.671, as amended by section 13, chapter 70,
Oregon Laws 2012, is amended to read:
441.671. (1) Notwithstanding the provisions of ORS 192.410 to
192.505, the names of complainants, witnesses and residents, and
the reports and records compiled under the provisions of ORS
441.630 to 441.680, are confidential and are not accessible for
public inspection.
(2) Notwithstanding subsection (1) of this section, the
Department of Human Services or the department's designee may, if
appropriate, make the names of witnesses and residents, and the
reports and records compiled under ORS 441.630 to 441.680,
available to:
(a) A law enforcement agency;
(b) A public agency that licenses or certifies long term care
facilities;
(c) A public agency that licenses or certifies the persons
practicing the healing arts in long term care facilities;
(d) The { - Long Term Care - } Ombudsman { + for Vulnerable
Adults + };
(e) A public agency that licenses or certifies a person that
has abused or is alleged to have abused a resident;
(f) A court pursuant to a court order or as provided in ORS
125.012; and
(g) An administrative law judge in an administrative proceeding
when necessary to provide protective services as defined in ORS
410.040 to a resident, when in the best interests of the resident
or when necessary to investigate, prevent or treat abuse of a
resident.
(3) Information made available under subsection (2) of this
section, and the recipient of the information, are otherwise
subject to the confidentiality provisions of ORS 441.630 to
441.680.
SECTION 24. ORS 443.738 is amended to read:
443.738. (1) Except as provided in subsection (3) of this
section, all providers, resident managers and substitute
caregivers for adult foster homes shall satisfactorily meet all
educational requirements established by the licensing agency.
After consultation with representatives of providers, educators,
residents' advocates and the { - Long Term Care - }
Ombudsman { + for Vulnerable Adults + }, the licensing agency
shall adopt by rule standards governing the educational
requirements. The rules shall require that a person may not
provide care to any resident prior to acquiring education or
supervised training designed to impart the basic knowledge and
skills necessary to maintain the health, safety and welfare of
the resident. Each provider shall document compliance with the
educational requirements for persons subject to the requirements.
(2) The rules required under subsection (1) of this section
shall include but need not be limited to the following:
(a) A requirement that, before being licensed, a provider
successfully completes training that satisfies a defined
curriculum, including demonstrations and practice in physical
caregiving, screening for care and service needs, appropriate
behavior toward residents with physical, cognitive and mental
disabilities and issues related to architectural accessibility;
(b) A requirement that a provider pass a test before being
licensed or becoming a resident manager. The test shall evaluate
the ability to understand and respond appropriately to emergency
situations, changes in medical conditions, physicians' orders and
professional instructions, nutritional needs, residents'
preferences and conflicts; and
(c) A requirement that, after being licensed, a provider or
resident manager successfully completes continuing education as
described in ORS 443.742.
(3) After consultation with representatives of providers,
educators, residents' advocates and the { - Long Term Care - }
Ombudsman { + for Vulnerable Adults + }, the licensing agency
may adopt by rule exceptions to the training requirements of
subsections (1) and (2) of this section for persons who are
appropriately licensed medical care professionals in Oregon or
who possess sufficient education, training or experience to
warrant an exception. The licensing agency may not make any
exceptions to the testing requirements.
(4) The licensing agency may permit a person who has not
completed the training or passed the test required in subsection
(2)(a) and (b) of this section to act as a resident manager until
the training and testing are completed or for 60 days, whichever
is shorter, if the licensing agency determines that an unexpected
and urgent staffing need exists. The licensed provider must
notify the licensing agency of the situation and demonstrate that
the provider is unable to find a qualified resident manager, that
the person has met the requirements for a substitute caregiver
for the adult foster home and that the provider will provide
adequate supervision.
(5) Providers shall serve three nutritionally balanced meals to
residents each day. A menu for the meals for the coming week
shall be prepared and posted weekly.
(6) Providers shall make available at least six hours of
activities each week which are of interest to the residents, not
including television or movies. The licensing agency shall make
information about resources for activities available to providers
upon request. Providers or substitute caregivers shall be
directly involved with residents on a daily basis.
(7) Providers shall give at least 30 days' written notice to
the residents, and to the legal representative, guardian or
conservator of any resident, before selling, leasing or
transferring the adult foster home business or the real property
on which the adult foster home is located. Providers shall inform
real estate licensees, prospective buyers, lessees and
transferees in all written communications that the license to
operate an adult foster home is not transferable and shall refer
them to the licensing agency for information about licensing.
(8) If a resident dies or leaves an adult foster home for
medical reasons and indicates in writing the intent to not
return, the provider may not charge the resident for more than 15
days or the time specified in the provider contract, whichever is
less, after the resident has left the adult foster home. The
provider has an affirmative duty to take reasonable actions to
mitigate the damages by accepting a new resident. However, if a
resident dies or leaves an adult foster home due to neglect or
abuse by the provider or due to conditions of imminent danger to
life, health or safety, the provider may not charge the resident
beyond the resident's last day in the home. The provider shall
refund any advance payments within 30 days after the resident
dies or leaves the adult foster home.
(9) Chemical and physical restraints may be used only after
considering all other alternatives and only when required to
treat a resident's medical symptoms or to maximize a resident's
physical functioning. Restraints may not be used for discipline
of a resident or for the convenience of the adult foster home.
Restraints may be used only as follows:
(a) Psychoactive medications may be used only pursuant to a
prescription that specifies the circumstances, dosage and
duration of use.
(b) Physical restraints may be used only pursuant to a
qualified practitioner's order that specifies the type,
circumstances and duration of use in accordance with rules
adopted by the licensing agency. The rules adopted by the
licensing agency relating to physical restraints shall include
standards for use and training.
(10) If the physical characteristics of the adult foster home
do not encourage contact between caregivers and residents and
among residents, the provider shall demonstrate how regular
positive contact will occur. Providers may not place residents
who are unable to walk without assistance in a basement,
split-level, second story or other area that does not have an
exit at ground level. Nonambulatory residents shall be given
first floor rooms.
(11)(a) The provider may not transfer or discharge a resident
from an adult foster home unless the transfer or discharge is
necessary for medical reasons, for the welfare of the resident or
for the welfare of other residents, or due to nonpayment. In such
cases, the provider shall give the resident written notice as
soon as possible under the circumstances.
(b) The provider shall give the resident and the resident's
legal representative, guardian or conservator written notice at
least 30 days prior to the proposed transfer or discharge, except
in a medical emergency including but not limited to a resident's
experiencing an increase in level of care needs or engaging in
behavior that poses an imminent danger to self or others. In such
cases, the provider shall give the resident written notice as
soon as possible under the circumstances.
(c) The resident has the right to an administrative hearing
prior to an involuntary transfer or discharge. If the resident is
being transferred or discharged for a medical emergency, or to
protect the welfare of the resident or other residents, as
defined by rule, the hearing must be held within seven days of
the transfer or discharge. The provider shall hold a space
available for the resident pending receipt of an administrative
order. ORS 441.605 (4) and the rules thereunder governing
transfer notices and hearings for residents of long term care
facilities shall apply to adult foster homes.
(12) The provider may not include any illegal or unenforceable
provision in a contract with a resident and may not ask or
require a resident to waive any of the resident's rights.
(13) Any lessor of a building in which an adult foster home is
located may not interfere with the admission, discharge or
transfer of any resident in the adult foster home unless the
lessor is a provider or coprovider on the license.
SECTION 25. ORS 443.767 is amended to read:
443.767. (1) When the licensing agency receives a complaint
that alleges that a resident of a licensed adult foster home has
been injured, abused or neglected, and that the resident's health
or safety is in imminent danger, or that the resident has died or
been hospitalized, the investigation shall begin immediately
after the complaint is received. If the investigator determines
that the complaint is substantiated, the licensing agency shall
take appropriate corrective action immediately.
(2) When the licensing agency receives a complaint that alleges
the existence of any circumstance that could result in injury,
abuse or neglect of a resident of a licensed adult foster home,
and that the circumstance could place the resident's health or
safety in imminent danger, the agency shall investigate the
complaint promptly. If the investigator determines that the
complaint is substantiated, the agency shall take appropriate
corrective action promptly.
(3) After public hearing, the licensing agency shall by rule
set standards for the procedure, content and time limits for the
initiation and completion of investigations of complaints. The
time limits shall be as short as possible and shall vary in
accordance with the severity of the circumstances alleged in the
complaint. In no event shall the investigation exceed a duration
of 60 days, unless there is an ongoing concurrent criminal
investigation, in which case the licensing agency may take a
reasonable amount of additional time in which to complete the
investigation.
(4) The licensing agency shall take no longer than 60 days from
the completion of the investigation report to take appropriate
corrective action in the case of any complaint that the
investigator determines to be substantiated.
(5)(a) The licensing agency shall mail a copy of the
investigation report within seven days of the completion of the
report to:
(A) The complainant, unless the complainant requests anonymity;
(B) The resident, and any person designated by the resident to
receive information concerning the resident;
(C) The facility; and
(D) The { - Long Term Care - } Ombudsman { + for Vulnerable
Adults + }.
(b) The copy of the report shall be accompanied by a notice
that informs the recipient of the right to submit additional
evidence.
(6) The complaint and the investigation report shall be
available to the public at the local office of the licensing
agency or the type B area agency on aging { + , as defined in ORS
410.040 + }, if appropriate. When the licensing agency or type B
area agency on aging concludes the investigation of a complaint,
the licensing agency or type B area agency on aging shall clearly
designate the outcome of the complaint investigation and make the
designation available to the public together with the complaint
and the investigation report.
(7) A copy of the report shall be forwarded to the licensing
agency whether or not the investigation report concludes that the
complaint is substantiated.
SECTION 26. ORS 476.030 is amended to read:
476.030. (1) The State Fire Marshal shall enforce all statutes,
and make rules relating to:
(a) The prevention of fires.
(b) The storage and use of combustibles and explosives.
(c) The maintenance and regulation of structural fire safety
features in occupied structures and overseeing the safety of and
directing the means and adequacy of exit in case of fire from
factories, asylums, hospitals, churches, schools, halls,
theaters, amphitheaters, all buildings, except private
residences, which are occupied for sleeping purposes, and all
other places where large numbers of persons work, live or
congregate from time to time for any purpose except that
structural changes shall not be required in buildings built,
occupied and maintained in conformity with state building code
regulations applicable at the time of construction.
(d) Standards for equipment used for fire protection purposes
within this state including standard thread for fire hose
couplings and hydrant fittings.
(2) The State Fire Marshal and deputies shall have such powers
and perform such other duties as are prescribed by law.
(3) If, in the opinion of the State Fire Marshal, a
governmental subdivision of the state has enacted adequate
regulations generally conforming to state and national standards
concerning fire prevention, fire safety measures and building
construction requirements for safety, and if the governmental
subdivision provides reasonable enforcement of its regulations,
the State Fire Marshal may exempt the area subject to such
regulation either partially or fully from the statutes, rules and
regulations administered by the State Fire Marshal. Prior to
adoption of any such exemption, the State Fire Marshal may
request from the Department of Public Safety Standards and
Training consideration of and recommendations regarding the
exemption. The exemption may extend for a two-year period, and
may be renewed from time to time, but may be canceled by the
State Fire Marshal following 30 days' written notice if the State
Fire Marshal finds that the governmental subdivision's
regulations or enforcement thereof are not reasonably sufficient.
The governmental subdivision shall furnish a copy of such
regulations to the State Fire Marshal and shall file with the
State Fire Marshal any amendment thereto within 30 days before
the effective date of such amendment. The State Fire Marshal
shall designate a person or division within such governmental
subdivision as an approved authority for exercising functions
relating to fire prevention, fire safety measures and building
construction. Upon request of a local official having enforcement
responsibility and a showing of unusual fire hazard or other
special circumstances, the State Fire Marshal shall make
investigation and appropriate recommendations.
(4) The State Fire Marshal may investigate or cause an
investigation to be made to determine the probable cause, origin
and circumstances of any fire and shall classify such findings as
the State Fire Marshal may find appropriate to promote fire
protection and prevention.
(5) The State Fire Marshal shall provide training in fire
safety inspection to the Department of Human Services, area
agencies, the Oregon Health Authority, community mental health
programs, developmental disabilities programs and designees of
the
{ - Long Term Care - } Ombudsman { + for Vulnerable
Adults + }. If an adult foster home has been inspected by the
Department of Human Services, the Oregon Health Authority, an
area agency, a community mental health program or a developmental
disabilities program and the agency conducting the inspection
reasonably believes that the adult foster home is not in
compliance with applicable fire safety rules, the agency
conducting the inspection may request the State Fire Marshal to
inspect or cause an inspection to be made. If a designee of the
{ - Long Term Care - } Ombudsman { + for Vulnerable
Adults + }, in the course of visiting an adult foster home,
believes that the adult foster home is not in compliance with
applicable fire safety rules, the designee shall report the
problem to the appropriate agency to request a fire safety
inspection by the office of the State Fire Marshal or by a
designated representative of the office of the State Fire
Marshal.
(6) Upon the request of the Department of Human Services, the
Oregon Health Authority, an area agency, a community mental
health program or a developmental disabilities program, the State
Fire Marshal shall inspect or cause an inspection to be made to
determine if the adult foster home is in compliance with rules
jointly adopted by the Department of Human Services and the State
Fire Marshal establishing fire safety standards for adult foster
homes.
(7) As used in subsections (5) and (6) of this section:
(a) 'Adult foster home' has the meaning given that term in ORS
443.705.
(b) 'Area agency' has the meaning given that term in ORS
410.040.
(c) 'Community mental health program' means a program
established under ORS 430.620 (1)(b).
(d) 'Developmental disabilities program' means a program
established under ORS 430.620 (1)(a).
SECTION 27. { + ORS 441.147 is repealed. + }
{ +
NAME CHANGE PROVISIONS + }
SECTION 28. { + (1)(a) The amendments to ORS 441.103 by
section 2 of this 2013 Act are intended to change the name of the
'Long Term Care Ombudsman' to the 'Ombudsman for Vulnerable
Adults ' and to change the name of the 'office of the Long Term
Care Ombudsman' to the 'office of the Ombudsman for Vulnerable
Adults. '
(b) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'Long Term Care Ombudsman,' wherever they occur in statutory
law, other words designating the 'Ombudsman for Vulnerable
Adults,' and the Legislative Counsel may substitute for words
designating the 'office of the Long Term Care Ombudsman, '
wherever they occur in statutory law, other words designating the
' office of the Ombudsman for Vulnerable Adults. '
(2)(a) The amendments to ORS 441.137 by section 12 of this 2013
Act are intended to change the name of the 'Long Term Care
Advisory Committee' to the 'Residential Facilities for Vulnerable
Adults Advisory Committee. '
(b) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'Long Term Care Advisory Committee,' wherever they occur in
statutory law, other words designating the 'Residential
Facilities for Vulnerable Adults Advisory Committee. '
(3)(a) The amendments to ORS 441.153 by section 15 of this 2013
Act are intended to change the name of the 'Long Term Care
Ombudsman Account' to the 'Ombudsman for Vulnerable Adults
Account. '
(b) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'Long Term Care Ombudsman Account,' wherever they occur in
statutory law, other words designating the 'Ombudsman for
Vulnerable Adults Account.' + }
{ +
CAPTIONS + }
SECTION 29. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
----------
