Or. Admin. Code § 309-035-0195

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-035-0195 - Individually-Based Limitations

This rule becomes effective on July 1, 2016, and enforceable as described in OAR 309-035-0115(17).

(1) When the program qualities described below create a threat to the health and safety of an individual or others, a provider may seek to apply an individually-based limitation through the process described in this rule. The program qualities subject to a potential individually-based limitation include the individual's right to:

(a) The freedom and support to access food at any time;

(b) Have visitors of the individual's choosing at any time;

(c) Have a unit entrance door that is lockable by the individual with only appropriate staff having access;

(d) Choose a roommate when sharing a unit;

(e) Furnish and decorate the individual's unit as agreed to in the Residency Agreement;

(f) The freedom and support to control the individual's schedule and activities; and

(g) Privacy in the individual's unit.

(2) A provider may apply an individually-based limitation only if:

(a) The program quality threatens the health or safety of the individual or others;

(b) The individually-based limitation is supported by a specific assessed need;

(c) The individual or the individual's legal representative consents, or the limitation is mandated by the individuals supervisory entity;

(d) The limitation is directly proportionate to the specific assessed need; and

(e) The individually-based limitation will not cause harm to the individual.

(3) The provider shall demonstrate and document that the individually-based limitation meets the requirements of section (2) of this rule and the measures described below in the person-centered service plan. The provider shall submit and sign a program-created form that includes the following:

(a) The specific and individualized assessed need justifying the individually-based limitation;

(b) The positive interventions and supports used prior to consideration of any individually-based limitation;

(c) Documentation that the provider or other entities have tried other less intrusive methods, but those methods did not work;

(d) A clear description of the limitation that is directly proportionate to the specific assessed need;

(e) Regular collection and review of data to measure the ongoing effectiveness of the individually-based limitation;

(f) Established time limits for periodic reviews of the individually-based limitation to determine if the limitation should be terminated or remains necessary;

(g) The informed consent of the individual or the individual's legal representative, or the authorization of the individual's supervisory entity, including any discrepancy between the wishes of the individual and the consent of the individual's legal representative, and the supervisory entity; and

(h) An assurance that the interventions and support do not cause harm to the individual.

(4) The provider shall:

(a) Maintain a copy of the completed and signed form documenting the consent to the individually-based limitation described in section (4) of this rule. The form shall be signed by the individual, the individual's legal representative, or supervisory entity;

(b) Regularly collect and review the ongoing effectiveness of and the continued need for the individually-based limitation; and

(c) Request review of the individually-based limitation by the person-centered service plan coordinator when a new individually-based limitation is indicated or change or removal of an individually-based limitation is needed but no less than annually.

(5) The qualities described in section (1)(b)-(e) also apply to individual receiving services at a SRTF but may be limited or modified. A provider must seek an individually-based limitation to comply with these rules.

(6) The qualities described in sections (2)(d) and (g) do not apply to an individual receiving crisis-respite services, and a provider does not need to seek an individually-based limitation to comply with these rules.

(7) The qualities described in section (1)of this rule also apply to an individual receiving services under a court, OHA, CMHP, or PSRB order under ORS chapters 161 or 426, but may be modified or restricted by a supervisory entity. A provider must seek an individually-based limitation for rights modified or restricted by the supervisory entity, which may be implemented without the authorization of the individual.

Or. Admin. Code § 309-035-0195

MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 5-2017, f. & cert. ef. 6/8/2017; BHS 41-2023, temporary amend filed 10/12/2023, effective 10/15/2023 through 4/11/2024; BHS 6-2024, amend filed 04/11/2024, effective 4/11/2024

Statutory/Other Authority: ORS 413.042 & 443.450

Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991