Or. Admin. Code § 411-088-0040

Current through Register Vol. 63, No. 11, November 1, 2024
Section 411-088-0040 - Involuntary Transfer Prohibited
(1) The facility shall not involuntarily transfer a resident for medical or welfare reasons under OAR 411-088-0020(1)(a) through (f) if the risk of physical or emotional trauma significantly outweighs the risk to the resident and/or to other residents if no transfer were to occur.
(2) The facility shall not involuntarily transfer a resident for any other reasons under OAR 411-088-0020 if the transfer presents a substantial risk of morbidity or mortality to the resident.
(3) The facility shall not transfer, discharge or evict a resident from a facility based in whole or in part on a resident's actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status as defined in OAR 411-085-0005.

Or. Admin. Code § 411-088-0040

SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90; SSD 8-1993, f. & cert. ef. 10-1-93; APD 18-2024, temporary amend filed 03/29/2024, effective 4/1/2024 through 9/27/2024; APD 57-2024, amend filed 09/23/2024, effective 9/25/2024

Statutory/Other Authority: ORS 410.070, 441.122, 441.373 & 441.615

Statutes/Other Implemented: ORS 441.055, 441.112, 441.600 & 441.615