1. (1) INDIVIDUAL RIGHTS.

   1. (a) A provider agency must have and implement written policies and procedures protecting the individual rights described in OAR 411-318-0010 and encourage and assist individuals to understand and exercise their rights.
   2. (b) Upon entry and request and annually thereafter, the individual rights described in OAR 411-318-0010 must be provided to an individual and their legal or designated representative.

2. (2) INDIVIDUALLY-BASED LIMITATIONS.

   1. (a) A provider may not place any limitations on an individual's right to freedom from restraint without an individually-based limitation, except in accordance with the standards for developmental disabilities services set forth in ORS 443.739, OAR chapter 411, or the relevant Title XIX Medicaid-funding authority.
   2. (b) When an individual's freedom from restraint may not be met due to a threat to the health and safety of the individual or others, an individually-based limitation must be authorized and documented in the individual's ISP in accordance with OAR 411-415-0070.

   3. (c) A provider is responsible for all of the following:

      1. (A) Maintaining a copy of the completed and signed form documenting an individual's consent to the appropriate individually-based limitation. The form must be signed by the individual, or the individual's legal representative, if applicable.
      2. (B) Regular collection and review of data to measure the ongoing effectiveness of, and the continued need for, the individually-based limitation.
      3. (C) Requesting a review of the individually-based limitation when a change or removal of the individually-based limitation is needed.

Statutory/Other Authority

409.050, 427.007, 427.104 & 430.662

Statutes/Other Implemented

427.154, 430.610, 430.662 & 430.670

History

APD 33-2017, amend filed 12/29/2017, effective 01/01/2018
APD 22-2016, f. & cert. ef. 6-29-16
APD 31-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13
SPD 1-2012, f. & cert. ef. 1-6-12
Reverted to SPD 14-2011, f. & cert. ef. 7-1-11
SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
SPD 14-2011, f. & cert. ef. 7-1-11
Renumbered from 309-047-0050, SPD 23-2003, f. 12-22-03, cert. ef. 12-28-03
MHD 1-1997, f. & cert. ef. 1-31-97
MHD 13-1990, f. & cert. ef. 12-7-90
MHD 7-1990(Temp), f. & cert. ef. 6-12-90
MHD 9-1983, f. & ef. 6-7-83
MHD 26-1982(Temp), f. & ef. 12-3-82