Aging and People with Disabilities and Developmental Disabilities - Chapter 411
Division 32524-HOUR RESIDENTIAL PROGRAMS AND CENTERS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
Definitions and abbreviations
In addition to the following definitions, OAR 411-317-0000 provides general definitions of words and terms commonly used in OAR Chapter 411 Section 325. If a word or term is otherwise defined in OAR 411-317-0000, the definition in that rule applies.
(1) "24-Hour Housing Program" means a separate method of providing home and community services in a 24-hour residential setting by a provider certified and approved under Chapter 411, Division 323 OAR.
(2) "24 Hour Residential Center" means a residential home, condo or duplex licensed by the Department under ORS 443.410 where home and community services are provided to individuals with an intellectual or developmental disability. A 24-hour residential facility is considered a residential facility owned, controlled or operated by the service provider.
(3) "Dwelling" means "24-hour residence" as defined in this rule.
(4) "Applicant" means an individual, agency, corporation, or government entity that applies for a license to provide residential and social services in a 24-hour residence.
(5) "CDDP" stands for "Community Developmental Disability Program".
(6) "Certificate" means a document issued to a provider by the Department that certifies that the provider qualifies under the rules set out in Chapter 411, Division 323 of the OAR to receive state funds to provide services in an approved 24-hour residence.
(7) "Denial" means the Department's refusal to issue a certificate, endorsement, or license to operate a 24-hour residential program or 24-hour residential facility because the Department has determined that the service provider or home does not comply with these regulations or the regulations in OAR Chapter 411, Division 323.
(8) "Duplex" means "24-hour residential facility" as defined in this rule.
(9) "Educational Alternate" means a person who represents a parent of a child in protecting the rights of the child in the public education decision-making process:
(a) When the child's parent cannot be identified or located after reasonable efforts.
(b) When there are reasonable grounds to believe that the child is disabled and in the care of the state.
(c) At the request of a parent of a child or young adult student.
(10) "Recommendation" means an authorization to provide services in a 24-hour residential facility. Approval is issued by the Department to a certified service provider that meets the eligibility criteria set out in these rules and regulations in Chapter 411, Division 323 of the OAR.
(11) "Executive Director" means the person appointed by the board of directors or the owner of the business responsible for operating the 24-hour housing program and providing services in the 24-hour residential premises.
(12) "Home" means "24-hour residence" as defined in this rule.
(13) "Forced confinement of a child" means the confinement of a child alone in a room from which the child is prevented in any way from leaving. Involuntary seclusion of a child does not include an age-appropriate break if the break is in a place from which the child cannot leave.
(14) "ISP" stands for "Individual Support Plan".
(15) "License" means a document issued by the applicant's Department that meets the requirements of these Bylaws and the rules of Chapter 411, Division 323 of the OAR.
(16) "Licensee" means the person or organization to whom the certificate, endorsement and license have been granted.
(17) "Modified diet" means a change or limitation in the texture or consistency of food or drink, for example, no hard foods, thickened liquids, mechanically soft, finely chopped, pureed, or just bread soaked in milk.
(18) "Nursing Services" means the provision of one-on-one advice, plans, or interventions by a home nurse based on a nursing process as defined by the Oregon Board of Nursing. Nursing services are different from administrative nursing services.
(19) "OCCS" means "Customer and Community Services Office".
(20) „ODDS” oznacza Oregon Department of Human Services, Office of Developmental Disabilities Services.
(21) "Oregon Core Power" means:
(a) A list of the skills and knowledge required of newly hired personnel in the areas of health, safety, rights, values and personal respect, and the service provider's mission.
(b) related timeframes within which newly recruited personnel must demonstrate competence.
(22) „OSIPM” oznacza „Oregon Supplemental Income Program-Medical”.
(23) A "program supervisor" is a trained member of staff of the program provider who is designated by the Executive Director or his designee to approve the continued use of restraints on a child in accordance with OAR 411-325-0355.
(24) "Prone immobilization" means immobilization in which a person is held face down on the floor or other surface.
(25) "Reportable Injury" means any type of injury to a child resulting from the use of a restraint, including, but not limited to, carpet burn, fracture, sprain, contusion, pain, soft tissue damage, puncture, scratch, concussion, skin abrasions, dizziness , loss of consciousness, blindness, blurred vision or death.
(26) "Restraint" means to physically restrict a person's actions or movements by restraining, applying pressure or other means.
(27) "Revocation" means an action taken by the Department to revoke a certificate, endorsement, or license to operate a 24-hour residential program or 24-hour residential facility after the Department determines that the service provider or home does not comply with one or more of these regulations or OAR, Chapter 411, Section 323.
(28) 'Serious bodily injury' means any significant physical harm to a child or other person ascertained by qualified medical personnel, whether caused by self-inflicted injury or by another person.
(29) 'Special diets' means specially prepared foods or specific types of foods that are tailored to a person's health condition or diagnosis and support an evidence-based treatment regimen. Examples of special diets include, but are not limited to, low-calorie, high-fiber, diabetic, low-salt, lactose-free, or low-fat diets. Special diets do not include diets where extra or extra food is offered without a doctor's recommendation but cannot be eaten, such as giving prunes every morning for breakfast or including fresh fruit at every meal.
(30) "Prone immobilization" means immobilization in which a person is held face up on the floor or other surface.
(31) "Suspension" means the immediate temporary revocation of authorization to operate a 24-hour residential program or 24-hour residential facility upon the Department's determination that a service provider or home is not in compliance with one or more of these rules or the rules in OAR Chapter 411, Division 323.
(32) "These Regulations" means the regulations contained in the OAR, Chapter 411, Section 325.
Statutory/other authority:ORS 409.050, 427.104, 441.715, 443.450 i 443.455
Statutes/Other Implemented:ORS 409.010, 418.519-418.529, 427.007, 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.4 50, 443.455, 443.880, 443.881 i 443.991
APD 19-2022, amendment submitted on April 13, 2022, effective from April 15, 2022
APD 46-2021, interim change filed 10/19/2021, valid from 10/20/2021 to 4/17/2022
APD 13-2019, amendment submitted on February 14, 2019, effective February 15, 2019
APD 5-2017, f. 2-21-17, cert. ef. 2-28-17
APD 32-2016(Temperature), k. 8-30-16, cert. ef. 9-1-16 from 2-27-17
APD 34-2015(Temperatura), f. 12-31-15, cert. ef. 1-1-16 do 6-28-16
APD 42-2014, k. 12-26-14, cert. ef. 12-28-14
SPD 58-2013, k. 12-27-13, cert. ef. 12-28-13
SPD 23-2013(Temp), f. & ef. certificate 7-1-13 to 12-28-13
Reverted to SPD 5-2010, f. 6-29-10, cert. effect 7-1-10
SPD 19-2011(Temp), f. & ef. certificate 7-1-11 to 12-28-11
SPD 5-2010, f. 6-29-10, cert. ef. 7-1-10
SPD 25-2009(Temp), k. 12-31-09, cert. ef. 1-1-10 do 6-30-10
SPD 25-2004, k. 7-30-04, cert. ef. 8-1-04
SPD 25-2003, k. 12-29-03, cert. ef. 1-1-04
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Oregon Administrative Rules Compilation (OAR) is the official compilation of rules and regulations, having the force of law in the U.S. state of Oregon. It is the regulatory and administrative corollary to Oregon Revised Statutes, and is published pursuant to ORS 183.360(3).On which website do you look for all administrative rules in Oregon? ›
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