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DEPARTMENT OF HUMAN SERVICES,

AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES




 

DIVISION 345
EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES

411-345-0010
Statement of Purpose
(1) These rules, OAR 411-345-0010 through
411-345-0270, effectuate Oregon’s Employment First policy under which the
employment of individuals with developmental disabilities in competitive integrated
employment is the highest priority over unemployment, segregated employment, or
other non-work day activities.
(2) For those who successfully
achieve the goal of competitive integrated employment, future service planning focuses
on maintaining employment or considering additional career or advancement opportunities.
(3) Employment services are
considered and provided using a person-centered approach based on informed choice
and consistent with the philosophy of self-determination.
(4) These rules prescribe
service standards and requirements for providing employment services and the qualifications
and eligibility requirements for employment services for adults with intellectual
or developmental disabilities. These rules also prescribe the standards and procedures
by which the Department endorses agency service providers to provide employment
services.
Stat. Auth.: ORS 409.050, 427.007 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0000, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 19-2011(Temp), f.
& cert. ef. 7-1-11 thru 12-28-11; SPD 1-2012, f. & cert. ef. 1-6-12; SPD
61-2013, f. 12-27-13, cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef.
7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0020
Definitions
Unless the context indicates otherwise,
the following definitions and the definitions in OAR 411-317-0000 apply to the rules
in OAR chapter 411, division 345:
(1) "Abuse" means "abuse
of an adult" as defined in OAR 407-045-0260.
(2) "ADL" means "activities
of daily living". ADL are basic personal everyday activities, such as eating, using
the restroom, grooming, dressing, bathing, and transferring.
(3) "Adult" means an individual
who is 18 years or older with an intellectual or developmental disability.
(4) "Agency Service Provider"
means a public or private community agency or organization that provides recognized
developmental disability services and is certified by the Department to provide
services under these rules and is endorsed under these rules or the rules in OAR
chapter 411, division 323.
(5) "Attendant Care" means
assistance with ADL, IADL, and health-related tasks through cueing, monitoring,
reassurance, redirection, set-up, hands-on, standby assistance, and reminding as
described in OAR 411-345-0025.
(6) "Brokerage" means "Brokerage"
as defined in OAR 411-340-0020.
(7) "Career Development Plan"
means the part of an ISP that identifies:
(a) The employment goals
and objectives for an individual;
(b) The services and supports
needed to achieve those goals;
(c) The people, agencies,
and providers assigned to assist the individual to attain those goals;
(d) The obstacles to the
individual working in an individualized job in an integrated employment setting;
and
(e) The services and supports
necessary to overcome those obstacles.
(8) "CDDP" means "Community
Developmental Disability Program" as defined in OAR 411-320-0020.
(9) "Choice" means the expression
of preference, opportunity for, and active role of an individual in decision-making
related to services received and from whom including, but not limited to, case management,
service providers, services, and service settings. Individuals are supported in
opportunities to make changes when so expressed. Choice may be communicated through
a variety of methods, including orally, through sign language, or by other communication
methods.
(10) "Collective Bargaining
Agreement" means the Collective Bargaining Agreement between the Home Care Commission
and the Service Employees International Union, Local 503, Oregon Public Employees
Union regarding wages, hours, rules, and working conditions.
(11) "Competitive Integrated
Employment" means work that is performed on a full-time or part-time basis (including
self-employment):
(a) For which an individual:
(A) Is compensated at a rate
that:
(i) Is not less than the
higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C.206(a)(1)) or the rate specified in the applicable state or local
minimum wage law; and
(ii) Is not less than the
customary rate paid by the employer for the same or similar work performed by other
employees who are not individuals with disabilities, and who are similarly situated
in similar occupations by the same employer and who have similar training, experience,
and skills; or
(iii) In the case of an individual
who is self-employed, yields an income that is comparable to the income received
by other individuals who are not individuals with disabilities, and who are self-employed
in similar occupations or on similar tasks and who have similar training, experience,
and skills; and
(B) Is eligible for the level
of benefits provided to other employees.
(b) That is at a location
where an employee interacts with other persons who are not individuals with disabilities
(not including supervisory personnel or individuals who are providing services to
such employee) to the same extent that individuals who are not individuals with
disabilities and who are in comparable positions interact with other persons and
that, as appropriate, presents opportunities for advancement that are similar to
those for other employees who are not individuals with disabilities and who have
similar positions; and(c) That, as appropriate, presents opportunities for advancement
that are similar to those for other employees who are not individuals with disabilities
and who have similar positions.
(12) "Customized Employment"
means competitive integrated employment for an individual with a disability that
is based on an individualized determination of the strengths, needs, and interests
of the individual, is designed to meet the specific abilities of the individual
and the business needs of the employer.
(13) "Department" means the
Department of Human Services.
(14) "Designated Representative"
means any adult, such as a parent, family member, guardian, advocate, or other person,
who is chosen by an individual or the legal representative of the individual, not
a paid provider for the individual, and authorized by the individual or the legal
representative of the individual to serve as the representative of the individual
or the legal representative of the individual in connection with the provision of
funded supports. An individual or the legal representative of the individual is
not required to appoint a designated representative.
(15) "Developmental Disability"
means "developmental disability" as defined in OAR 411-320-0020 and described in
411-320-0080.
(16) "Director" means the
Director of the Department of Human Services, Office of Developmental Disability
Services or Office of Licensing and Regulatory Oversight, or the designee of the
Director.
(17) "Discovery" is a comprehensive
and person-centered employment planning support service to better inform an individual
seeking an individualized job in a competitive integrated employment setting and
create a Discovery Profile. Discovery includes a series of work or volunteer related
activities to inform the individual and the job developer about the strengths, interests,
abilities, skills, experiences, and support needs of the individual, as well as
identify the conditions and settings in which the individual will be successful.
Discovery is also an opportunity for the individual to begin active pursuit of competitive
integrated employment.
(18) "Discovery Profile"
is a comprehensive and person-centered report produced as an outcome of discovery,
representing an individual and providing information to better inform employment
service planning and job development activities. The Discovery Profile includes
information about the strengths, interests, abilities, skills, experiences, and
support needs of the individual, as well as information about conditions and settings
for the success of the individual.
(19) "Employment Path Services"
means services to provide learning and work experiences, including volunteer opportunities,
for an individual to develop general, non-job-task-specific strengths, and skills
that contribute to employability in competitive integrated employment settings.
(20) "Employment Service"
means a service that has obtaining and maintaining competitive integrated employment
as the primary goal. Employment services include supported employment - individual
employment support (job coaching and job development), supported employment - small
group employment support, discovery, and employment path services. Employment services
do not include vocational assessments in sheltered workshops or facility-based settings.
(21) "Employment Professional"
means an employee of an agency service provider, an independent provider, or an
employee of an independent provider who has specific qualifications and training
to provide employment services under these rules, including supported employment
- individual employment support (job coaching and job development), supported employment
- small group employment support, discovery, and employment path services.
(22) "Endorsement" means
the authorization issued by the Department to a certified agency service provider
that has met the qualification criteria outlined in these rules and the rules in
OAR chapter 411, division 323.
(23) "Entry" means admission
to a Department-funded developmental disability service.
(24) "Evidence-Based Practices"
means well-defined best practices, which have been demonstrated to be effective
by multiple peer-reviewed research studies that are specific to the relevant population
or subset of that population.
(25) "Executive Director"
means the person designated by a board of directors or corporate owner of an agency
service provider who is responsible for the administration of agency provided employment
services, attendant care, and skills training.
(26) "Exit" means termination
or discontinuance of a Department-funded developmental disability service by an
agency service provider.
(27) "Facility-Based" means
a service that is operated at a fixed site owned, operated, or controlled by a service
provider where an individual has few or no opportunities to interact with people
who do not have a disability except for paid staff.
(28) "Functional Needs Assessment":
(a) Means the comprehensive
assessment or re-assessment that:
(A) Documents physical, mental,
and social functioning;
(B) Identifies risk factors
and support needs; and
(C) Determines the service
level.
(b) The functional needs
assessment may be the Adult Needs Assessment (ANA), Child Needs Assessment, Support
Needs Assessment Profile (SNAP), or Supports Intensity Scale (SIS).
(A) Effective December 31,
2014, the Department incorporates Version C of the ANA and CNA into these rules
by this reference.
(i) The ANA is maintained
by the Department at: http://www.dhs.state.or.us/spd/tools/dd/ANAadultInhome.xls.
(ii) The CNA is maintained
by the Department at: http://www.dhs.state.or.us/spd/tools/dd/CNAchildInhome.xls.
(B) The Department incorporates
the SNAP into these rules by this reference. The SNAP is maintained by the Department
at http://www.oregon.gov/dhs/dd/rebar/pages/assess-afc.aspx.
(C) The Department incorporates
the SIS into these rules by this reference.
(c) A printed copy of a blank
functional needs assessment may be obtained by calling (503) 945-6398 or writing
the Department of Human Services, Developmental Disabilities, ATTN: Rules Coordinator,
500 Summer Street NE, E-48, Salem, OR 97301.
(29) "IADL" means "instrumental
activities of daily living". IADL include activities other than ADL required to
continue independent living, such as:
(a) Meal planning and preparation;
(b) Budgeting;
(c) Shopping for food, clothing,
and other essential items;
(d) Performing essential
household chores;
(e) Communicating by phone
or other media; and
(f) Traveling around and
participating in the community.
(30) "Incident Report" means
the written report of any injury, accident, act of physical aggression, use of protective
physical intervention, or unusual incident involving an individual.
(31) "Independence" means
the extent to which an individual exerts control and choice over his or her own
life.
(32) "Independent Provider"
means a qualified person who is contracted or employed by an individual to provide
employment services based on the ISP for the individual.
(33) "Individual" means a
person with an intellectual or developmental disability applying for, or determined
eligible for, Department-funded services. Unless otherwise specified, references
to individual also include the legal or designated representative of the individual,
who has the ability to act for the individual and exercise the rights of the individual.
(34) "Integrated Employment
Setting" means employment at a location where an employee interacts with other persons
who are not individuals with disabilities (not including supervisory personnel or
individuals who are providing services to such employee) to the same extent that
individuals who are not individuals with disabilities and who are in comparable
positions interact with other persons; and that, as appropriate, presents opportunities
for advancement that are similar to those for other employees who are not individuals
with disabilities and who have similar positions.
(35) "Integration" as defined
in ORS 427.005 means:
(a) Use by individuals with
intellectual or developmental disabilities of the same community resources that
are used by and available to other people;
(b) Participation by individuals
with intellectual or developmental disabilities in the same community activities
in which people without disabilities participate, together with regular contact
with people without disabilities; and
(c) Residence by individuals
with intellectual or developmental disabilities in homes or in home-like settings
that are in proximity to community resources, together with regular contact with
people without disabilities in their community.
(36) "Intellectual Disability"
means "intellectual disability" as defined in OAR 411-320-0020 and described in
411-320-0080.
(37) "Involuntary Reduction"
means an agency service provider has made the decision to reduce services provided
to an individual without prior approval from the individual.
(38) "Involuntary Transfer"
means an agency service provider has made the decision to transfer an individual
to be served at another site without prior approval from the individual.
(39) "ISP" means "Individual
Support Plan". An ISP includes the written details of the supports, activities,
and resources required for an individual to achieve and maintain personal goals
and health and safety. The ISP is developed at least annually to reflect decisions
and agreements made during a person-centered process of planning and information
gathering. The ISP reflects services and supports that are important for the individual
to meet the needs of the individual identified through a functional needs assessment
as well as the preferences of the individual for service providers, delivery, and
frequency of services and supports. The ISP is the plan of care for Medicaid purposes
and reflects whether services are provided through a waiver, the Community First
Choice state plan, natural supports, or alternative resources. The ISP includes
the Career Development Plan.
(40) "ISP Team" means a team
composed of an individual receiving services and the legal or designated representative
of the individual (as applicable), services coordinator or personal agent, and others
chosen by the individual, such as service providers and family members.
(41) "Job Coaching" means
support for an individual to maintain an individual job in a competitive integrated
employment setting in the general workforce, including customized employment or
self-employment.
(42) "Job Development" means
support for an individual to obtain an individual job in a competitive integrated
employment setting in the general workforce, including customized employment or
self-employment.
(43) "Legal Representative"
means an attorney at law who has been retained by or for an individual, an individual
acting under the authority granted in a power of attorney, or a person or agency
authorized by a court to make decisions about services for an individual.
(44) "Mandatory Reporter"
means any public or private official as defined in OAR 407-045-0260 who, while acting
in an official capacity, comes in contact with an adult with an intellectual or
developmental disability and has reasonable cause to believe the adult has suffered
abuse, or comes in contact with any person whom the public or private official has
reasonable cause to believe abused the adult. Nothing contained in ORS 40.225 to
40.295 affects the duty to report imposed by this definition, except that a psychiatrist,
psychologist, clergy, or attorney is not required to report if the communication
is privileged under ORS 40.225 to 40.295.
(45) "OHP Plus" means only
the Medicaid benefit packages provided under OAR 410-120-1210(4)(a) and (b). This
excludes individuals receiving Title XXI benefits.
(46) "OIS" means "Oregon
Intervention System". OIS is the system of providing training of elements of positive
behavior support and non-aversive behavior intervention. OIS uses principles of
pro-active support and describes approved protective physical intervention techniques
used to maintain health and safety.
(47) "OSIPM" means "Oregon
Supplemental Income Program-Medical" as described in OAR 461-001-0030. OSIPM is
Oregon Medicaid insurance coverage for individuals who meet the eligibility criteria
described in OAR chapter 461.
(48) "Person-Centered Planning":
(a) Means a timely and formal
or informal process driven by an individual, includes people chosen by the individual,
ensures the individual directs the process to the maximum extent possible, and the
individual is enabled to make informed choices and decisions consistent with 42
CFR 441.540.
(b) Person-centered planning
includes gathering and organizing information to reflect what is important to and
for the individual and to help:
(A) Determine and describe
choices about personal goals, activities, services, service providers, service settings,
and lifestyle preferences;
(B) Design strategies and
networks of support to achieve goals and a preferred lifestyle using individual
strengths, relationships, and resources; and
(C) Identify, use, and strengthen
naturally occurring opportunities for support at home and in the community.
(c) The methods for gathering
information vary, but all are consistent with the cultural considerations, needs,
and preferences of the individual.
(49) "Personal Agent" means
"personal agent" as defined in OAR 411-340-0020.
(50) "Personal Support Worker"
means "personal support worker" as defined in OAR 411-375-0010.
(51) "PRN" means the administration
of medication to an individual on an 'as needed' basis (pro re nata).
(52) "Productivity" as defined
in ORS 427.005 means regular engagement in income producing work, preferable competitive
employment with supports and accommodations to the extent necessary, by an individual
that is measured through improvements in income level, employment status, or job
advancement, or engagement by an individual with an intellectual or developmental
disability in work contributing to a household or community.
(53) "Protection" means the
necessary actions offered to an individual as soon as possible to prevent subsequent
abuse or exploitation of the individual, to prevent self-destructive acts, or to
safeguard the person, property, and funds of an individual.
(54) "Protective Physical
Intervention" means any manual physical holding of, or contact with, an individual
that restricts freedom of movement.
(55) "Psychotropic Medication"
means a medication the prescribed intent of which is to affect or alter thought
processes, mood, or behavior including, but not limited to, anti-psychotic, antidepressant,
anxiolytic (anti-anxiety), and behavior medications. The classification of a medication
depends upon its stated, intended effect when prescribed.
(56) "Self-Determination"
means a philosophy and process by which an individual is empowered to gain control
over the selection of services and supports that meets the needs of the individual.
The basic principles of self-determination are:
(a) Freedom. The ability
for an individual, together with freely chosen family, friends, and professionals,
to plan for employment beyond the parameters of a predefined program;
(b) Authority. The ability
for an individual to declare a chosen employment path and to plan supports accordingly;
(c) Autonomy. Planning for
and accessing resources that support an individual to seek employment; and
(d) Responsibility. The acceptance
of a valued role of an individual in the community through employment, organizational
affiliations, personal development, and general caring for others in the community,
as well as accountability for spending public dollars in ways that are life-enhancing
for the individual.
(57) "Service Agreement":
(a) Is the written agreement
consistent with an ISP that describes at a minimum:
(A) Type of service to be
provided;
(B) Hours, rates, location
of services, and expected outcomes of services; and
(C) Any specific individual
health, safety, and emergency procedures that may be required, including action
to be taken if an individual is unable to provide for their own safety and the individual
is missing while in the community under the service of a contractor or provider
organization.
(b) For employed personal
support workers, the service agreement serves as the written job description.
(58) "Service Level" means
the amount of attendant care, hourly relief care, or skills training services determined
necessary by a functional needs assessment and made available to meet the identified
support needs of an individual.
(59) "Service Provider" means:
(a) An agency service provider
as defined by these rules;
(b) An independent provider,
as defined by these rules, qualified to provide services under these rules; or
(c) A personal support worker
as defined in OAR 411-375-0010, qualified to provide services under these rules.
(60) "Services Coordinator"
means "services coordinator" as defined in OAR 411-320-0020.
(61) "Sheltered Workshop"
means the service as defined under OAR 407-025-0010.
(62) "Skills Training" means
the activities described in OAR 411-345-0025 that are intended to maximize the independence
of an individual through training, coaching, and prompting the individual to accomplish
ADL, IADL, and health-related skills.
(63) "Staff" means paid employees
of service provider agencies responsible for providing supports or services to individuals
for which payment is made through the Department.
(64) "Support Services" means
"support services" as defined in OAR 411-340-0020.
(65) "Supported Employment
- Individual Employment Support" means job coaching or job development services
to obtain or maintain an individual job in a competitive integrated employment setting
in the general workforce, including customized employment or self-employment.
(66) "Supported Employment
- Small Group Employment Support" means services and training activities provided
in regular business, industry, and community settings for groups of two to eight
individuals with disabilities. Supported employment - small group employment support
is provided in a manner that promotes integration into the workplace and interaction
between participants and people without disabilities in those workplaces.
(67) "These Rules" mean the
rules in OAR chapter 411, division 345.
(68) "Transfer" means movement
of an individual from one site to another site administered or operated by the same
agency service provider.
(69) "Transition Plan" means
the ISP describing necessary services and supports for an individual upon entry
to a new service setting. The Transition Plan is approved by a services coordinator
or personal agent and includes a summary of the services necessary to facilitate
adjustment to the services offered, the supports necessary to ensure health and
safety, and the assessments and consultations necessary for further ISP development.
(70) "Unusual Incident" means
any incident involving an individual that includes serious illness or an accident,
death, injury or illness requiring inpatient or emergency hospitalization, a suicide
attempt, a fire requiring the services of a fire department, an act of physical
aggression, or any incident requiring an abuse investigation.
(71) "Variance" means the
temporary exception from a regulation or provision of these rules that may be granted
by the Department upon written application by an agency service provider.
(72) "Vocational Assessment"
means an assessment administered to provide employment related information essential
to the development of, or revision of, the employment related planning documents
for an individual.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 26-1982(Temp),
f. & ef. 12-3-82; MHD 9-1983, f. & ef. 6-7-83; MHD 7-1990(Temp), f. &
cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997, f. &
cert. ef. 1-31-97; Renumbered from 309-047-0005, SPD 23-2003, f. 12-22-03, cert.
ef. 12-28-03; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD
12-2010, f. 6-30-10, cert. ef. 7-1-10; SPD 14-2011, f. & cert. ef. 7-1-11; SPD
19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11; SPD 1-2012, f. & cert.
ef. 1-6-12; SPD 26-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SPD 61-2013,
f. 12-27-13, cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru
12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0025
Services Provided
(1) The delivery of employment services
provided under these rules presumes all individuals eligible for services are capable
of working in an integrated employment setting and earning minimum wage or better.
(2) Employment is the preferred
activity for individuals receiving services under these rules. Competitive integrated
employment is the highest priority over unemployment, segregated or sheltered employment,
supported employment - small group employment support, or non-work day activities.
(3) Consistent with the person-centered
approach to these services, individuals accessing employment services under these
rules must be encouraged, on an ongoing basis, to explore their interests, strengths,
and abilities relating to employment or career advancement.
(4) All employment services
have an optimal and expected outcome of sustained paid employment and work experience
leading to further career development and competitive integrated employment for
which an individual is compensated at or above minimum wage, with a goal of not
less than the customary wage and level of benefits paid by the employer for the
same or similar work performed by individuals without disabilities.
(5) Employment services are
provided under these rules in accordance with the State of Oregon Executive Order
No. 13-04 and OAR chapter 407, division 025.
(6) Employment services must
be evidence-based where evidence-based practices have been identified.
(7) Employment services must
be:
(a) Offered to eligible individuals
in accordance with OAR 411-345-0140;
(b) Provided to eligible
individuals under the authorization of an ISP in accordance with OAR 411-345-0160;
(c) Offered in accordance
with these rules when services are provided by a certified provider organization;
(d) Provided in a non-residential
setting, unless an individual is operating a home-based business;
(e) Provided in the most
integrated employment setting appropriate to the needs of an individual, and consistent
with the choice of the individual regarding services, providers, and goals; and
(f) Designed to:
(A) Increase independence,
integration, and productivity;
(B) Promote integration into
the workforce and workplace;
(C) Promote interaction with
people without disabilities; and
(D) Support successful employment
outcomes consistent with personal and career goals.
(8) Employment services do
not include:
(a) Services available to
an individual under Vocational Rehabilitation and Other Services, 29 U.S.C. §
701-7961, as amended;
(b) Services available to
an individual under the Individuals with Disabilities Education Act, 20 U.S.C §1400,
as amended; or
(c) Vocational assessments
in a sheltered workshop.
(9) Employment services include
the following:
(a) SUPPORTED EMPLOYMENT
— INDIVIDUAL EMPLOYMENT SUPPORT:
(A) JOB COACHING:
(i) Support to assist an
individual to maintain an individualized job in a competitive integrated employment
setting in the general workforce, including customized employment or self-employment.
Job coaching does not include support in volunteer work.
(ii) Individuals utilizing
this service for jobs obtained prior to December 28, 2014 are optimally compensated
at or above the minimum wage. Individuals utilizing this service for jobs obtained
after December 28, 2014, must be compensated at or above the minimum wage. Effective
July 1, 2015, all jobs that pay below minimum wage must be supported through another
employment service available under these rules, including all jobs obtained prior
to December 28, 2014.
(iii) Job coaching services
must be provided, at minimum, for the number of hours identified in an ISP.
(iv) Support to maintain
self-employment requires the following:
(I) Ongoing assistance, counseling,
and guidance after a business has been launched.
(II) This service cannot
be provided to defray the operational expenses of the business.
(III) The self-employment
must yield an income that is comparable to the income received by other individuals
who are not individuals with disabilities, and who are self-employed in similar
occupations or in similar tasks and who have similar training, experience, and skills.
(IV) Evidence of the self-employment
must be documented and reviewed by the service coordinator or personal agent on
an annual basis. Documentation may include, but is not limited to, tax records submitted
to the Internal Revenue Service and an annual business plan.
(B) JOB DEVELOPMENT:
(i) Support for an individual
to obtain an individual job in a competitive integrated employment setting in the
general workforce, including customized employment or self-employment.
(ii) The job developed must
provide compensation at or above the minimum wage but not less than the customary
wage and level of benefits paid by the employer for the same or similar work.
(iii) The job developed must
meet criteria established in a Career Development Plan.
(iv) Job development may
be authorized in the limited circumstances where the service is not available through
Vocational Rehabilitation and the Department has approved authorization.
(b) SUPPORTED EMPLOYMENT
- SMALL GROUP EMPLOYMENT SUPPORT:
(A) To provide services and
training activities in regular business, industry, and community settings.
(B) May be provided in groups
of two to eight individuals.
(C) Must be provided in a
manner that promotes integration into the work place and interaction with people
without disabilities in those work places.
(D) Does not include vocational
services provided in a provider owned, operated, or controlled setting, or a facility-based
work setting.
(E) This service does not
include support in volunteer work.
(F) Individuals utilizing
this service for jobs obtained prior to December 28, 2014, are optimally compensated
at or above the minimum wage. Individuals utilizing this service for jobs obtained
after December 28, 2014, must be compensated at or above the minimum wage. Effective
July 1, 2015, a job that pays below minimum wage must be supported through another
Employment Service available under these rules, including all jobs obtained prior
to December 28, 2014.
(c) DISCOVERY:
(A) A comprehensive and person-centered
employment planning support service to better inform an individual seeking competitive
integrated employment and develop a Discovery Profile. It includes a series of work
or volunteer related activities, completed in integrated employment settings, to
inform the individual and the job developer about the strength’s, interests,
abilities, skills, experiences, and support needs of the individual. Discovery includes
analyzing detailed information from novel and past experiences in order to identify
the conditions or integrated employment settings in which the individual shall be
most successful.
(B) May include job and task
analysis activities, assessment for use of assistive technology, job shadowing,
informational interviewing, employment preparation, resume development, and volunteerism
to identify transferable skills and job or career interests.
(C) Must be completed within
a three month period. A three month extension may be authorized if the individual
and the services coordinator or personal agent determines there is a legitimate
reason. Legitimate reasons may include, but are not limited to:
(i) The individual has a
medical event that delayed completing discovery;
(ii) The individual had a
medical event that significantly changed his or her strengths, interests, and abilities;
or
(iii) An opportunity to participate
in particular work trials or volunteer positions may only be scheduled outside of
the three month period.
(D) Must have an outcome
of a Discovery Profile. The Discovery Profile must meet requirements established
by the Department.
(E) Discovery should result
in a referral to vocational rehabilitation services.
(d) EMPLOYMENT PATH SERVICES:
(A) To provide learning and
work experiences, including volunteer work, where an individual may develop general,
non-job-task-specific strengths and skills that contribute to employability in competitive
integrated employment settings. Producing goods or services may be incidental to
this service but the primary purpose must be to develop general employment skills
that may be transferred to an individual integrated job.
(B) Are expected to occur
over a defined period of time with specific outcomes to be achieved, as determined
by the individual and his or her service and supports planning team through an ongoing
person-centered planning process.
(C) Requires that an individual
have an employment-related goal in his or her ISP. General habilitation activities
accessed through employment path services must be designed to support such employment
goals.
(D) Employment path services
are a facility-based service if delivered at a fixed site operated, owned, or controlled
by the service provider and where the supported individual has few or no opportunities
to interact with people who do not have a disability except for paid staff.
(10) Attendant care and skills
training must be:
(a) Provided to eligible
individuals under the authorization of an ISP; and
(b) Offered in accordance
with these rules, when services are provided by an agency service provider.
(11) Attendant care and skills
training do not include:
(a) Services available to
an individual under Vocational Rehabilitation and Other Rehabilitation Services,
29 U.S.C. § 701-7961, as amended; or
(b) Services available to
an individual under the Individuals with Disabilities Education Act, 20 U.S.C §1400,
as amended.
(12) Agency service providers
operating under these rules may provide one or more of the following services:
(a) ATTENDANT CARE SERVICES:
(A) ADL services that include,
but are not limited to:
(i) Basic personal hygiene
— providing or assisting with needs, such as bathing (tub, bed, bath, shower),
hair care, grooming, shaving, nail care, foot care, dressing, skin care, or oral
hygiene;
(ii) Toileting, bowel, and
bladder care — assisting to and from the bathroom, on and off toilet, commode,
bedpan, urinal, or other assistive device used for toileting, changing incontinence
supplies, following a toileting schedule, managing menses, cleansing an individual
or adjusting clothing related to toileting, emptying a catheter, drainage bag, or
assistive device, ostomy care, or bowel care;
(iii) Mobility, transfers,
and repositioning — assisting with ambulation or transfers with or without
assistive devices, turning an individual or adjusting padding for physical comfort
or pressure relief, or encouraging or assisting with range-of-motion exercises;
(iv) Nutrition - assisting
with adequate fluid intake or adequate nutrition, assisting with food intake (feeding),
monitoring to prevent choking or aspiration, assisting with adaptive utensils, cutting
food, and placing food, dishes, and utensils within reach for eating;
(v) Delegated nursing tasks
(vi) First aid and handling
emergencies — addressing medical incidents related to the conditions of an
individual, such as seizure, aspiration, constipation, or dehydration, or responding
to the call of the individual for help during an emergent situation or for unscheduled
needs requiring immediate response;
(vii) Assistance with necessary
medical appointments — help scheduling appointments, arranging medical transportation
services, accompaniment to appointments, follow up from appointments, or assistance
with mobility, transfers, or cognition in getting to and from appointments; and
(viii) Observation of the
status of an individual and reporting of significant changes to a physician, health
care provider, or other appropriate person;
(B) IADL services that include,
but are not limited to:
(i) Light housekeeping tasks
necessary to maintain an individual in a healthy and safe environment — cleaning
surfaces and floors, making the individual's bed, cleaning dishes, taking out the
garbage, dusting, and laundry;
(ii) Grocery and other shopping
necessary for the completion of other ADL and IADL tasks;
(iii) Meal preparation and
special diets;
(iv) Cognitive assistance
or emotional support provided to an individual due to an intellectual or developmental
disability — helping the individual cope with change and assisting the individual
with decision-making, reassurance, orientation, memory, or other cognitive functions;
(v) Medication and medical
equipment assisting with ordering, organizing, and administering medications (including
pills, drops, ointments, creams, injections, inhalers, and suppositories), monitoring
an individual for choking while taking medications, assisting with the administration
of medications, maintaining equipment, or monitoring for adequate medication supply;
(vi) Social support in the
community around socialization and participation in the community.
(I) Support with socialization
— assisting an individual in acquiring, retaining, and improving self-awareness
and self-control, social responsiveness, social amenities, and interpersonal skills;
(II) Support with community
participation — assisting an individual in acquiring, retaining, and improving
skills to use available community resources, facilities, or businesses; and
(III) Support with communication
— assisting an individual in acquiring, retaining, and improving expressive
and receptive skills in verbal and non-verbal language and the functional application
of acquired reading and writing skills.
(C) Assistance with ADLs,
IADLs, and health-related tasks may include cueing, monitoring, reassurance, redirection,
set-up, hands-on, or standby assistance. Assistance may be provided through human
assistance or the use of electronic devices or other assistive devices. Assistance
may also require verbal reminding to complete any of the IADL tasks described in
subsection (B) of this section.
(i) "Cueing" means giving
verbal, audio, or visual clues during an activity to help an individual complete
the activity without hands-on assistance.
(ii) "Hands-on" means a provider
physically performs all or parts of an activity because an individual is unable
to do so.
(iii) "Monitoring" means
a provider observes an individual to determine if assistance is needed.
(iv) "Reassurance" means
to offer an individual encouragement and support.
(v) "Redirection" means to
divert an individual to another more appropriate activity.
(vi) "Set-up" means the preparation,
cleaning, and maintenance of personal effects, supplies, assistive devices, or equipment
so that an individual may perform an activity.
(vii) "Stand-by" means a
provider is at the side of an individual ready to step in and take over the task
if the individual is unable to complete the task independently.
(b) SKILLS TRAINING. Skills
training is specifically tied to accomplishing ADL, IADL, and other health-related
tasks as identified by the functional needs assessment and ISP and is a means for
an individual to acquire, maintain, or enhance independence.
(A) Skills training may be
applied to the use and care of assistive devices and technologies.
(B) Skills training is authorized
when:
(i) The anticipated outcome
of the skills training, as documented in the ISP, is measurable;
(ii) Timelines for measuring
progress towards the anticipated outcome are established in the ISP; and
(iii) Progress towards the
anticipated outcome are measured and the measurements are evaluated by a services
coordinator or personal agent no less frequently than every six months, based on
the start date of the initiation of the skills training.
(C) When anticipated outcomes
are not achieved within the timeframe outline in the ISP, the services coordinator
or personal agent must reassess or redefine the use of skills training with the
individual for that particular goal.
(c) Attendant care and skills
training are facility-based services if delivered at a fixed site operated, owned,
or controlled by the service provider and where the supported individual has few
or no opportunities to interact with people who do not have a disability except
for paid staff.
Stat. Auth.: ORS 409.050 & 410.070
Stats. Implemented: ORS 430.610,
430.630, & 430.670
Hist.: SPD 14-2011, f. &
cert. ef. 7-1-11; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD
45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0027
Qualification for Services
(1) To receive employment services,
attendant care, or skills training, an individual must:
(a) Be an Oregon resident;
(b) Be determined eligible
for developmental disability services by the CDDP of the county of origin as described
in OAR 411-320-0080;
(c) Meet the level of care
as defined in OAR 411-320-0020; and
(d) Have services under these
rules authorized in an ISP by the CDDP or Brokerage providing case management services.
(2) To be eligible for employment
services, an individual must:
(a) Meet the criteria in
section (1) of this rule;
(b) Be eligible for OSIPM;
(c) Be legally eligible to
work in the United States; and
(d) Have an employment related
goal in their ISP.
(3) Employment services for
individuals under the age of 18 years must have Department approval.
(4) To be eligible for attendant
care or skills training, an individual must meet the criteria in section (1) of
this rule and must:
(a) Be eligible for OHP Plus;
(b) Have an assessed need
for attendant care based upon a functional needs assessment; and
(c) Have attendant care or
skills training identified as a service in their ISP.
(5) As of October 1, 2014,
an individual receiving medical benefits under OAR chapter 410, division 200 requesting
Medicaid coverage for services in a nonstandard living arrangement (see OAR 461-001-0000)
is subject to the requirements of the rules regarding transfer of assets (see OAR
461-140-0210 to 461-140-0300) in the same manner as if the individual was requesting
these services under OSIPM.
(a) This includes, but is
not limited to, the following assets:
(A) An annuity evaluated
according to OAR 461-145-0022;
(B) A transfer of property
when an individual retains a life estate evaluated according to OAR 461-145-0310;
(C) A loan evaluated according
to OAR 461-145-0330; or
(D) An irrevocable trust
evaluated according to OAR 461-145-0540.
(b) When an individual is
considered ineligible due to a disqualifying transfer of assets, the individual
must receive a notice meeting the requirements of OAR 461-175-0310 in the same manner
as if the individual was requesting services under OSIPM.
Stat. Auth.: ORS 409.050, 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: APD 27-2014(Temp),
f. & cert. ef. 7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0030
Service Provider Requirements
(1) Providers of employment services
must be:
(a) A provider certified
under OAR chapter 411, division 323;
(b) A provider certified
under OAR chapter 411, division 340; or
(c) A qualified independent
provider. Independent providers who are employed by the individual may only provide
Individual Employment support – Job Coaching.
(2) EMPLOYMENT SERVICE PROVIDER
REQUIREMENTS:
(a) EMPLOYMENT PROFESSIONALS.
All employment professionals who provide employment services must:
(A) Provide services designed
to support successful employment outcomes consistent with the personal and career
goals of an individual, including goals identified in the ISP and Career Development
Plan for the individual;
(B) Ensure all records are
confidential as described in OAR 411-323-0060;
(C) Perform the duties as
a mandatory reporter when appropriate and as required by law; and
(D) Have a service agreement
or job description with clearly stated job responsibilities. The service agreement
must be current, signed by the employment professional, and dated. The service agreement
must also include duties specific to the area of specialization, including job coach,
job developer, discovery provider, or employment path services provider.
(b) INDEPENDENT PROVIDERS.
All qualified independent providers must:
(A) Be at least 18 years
of age.
(B) Have approval to work
based on Department policy and a background check completed by the Department in
accordance with OAR 407-007-0200 to 407-007-0370. Additionally:
(i) A subject individual
as defined in OAR 407-007-0210 may be approved for one position to work with multiple
individuals statewide when the subject individual is working in the same employment
role; and
(ii) The Background Check
Request form must be completed by the subject individual to show intent to work
statewide;
(C) Not have been convicted
of any of the disqualifying crimes listed in OAR 407-007-0275, unless hired or contracted
with prior to July 28, 2009, remaining in the current position for which the independent
provider was hired.
(D) Be legally eligible to
work in the United States;
(E) Not be the spouse of
the supported individual;
(F) Hold a current, valid,
and unrestricted appropriate professional license or certification where services
and supervision requires specific professional education, training, and skill;
(G) Understand requirements
of maintaining confidentiality and safeguarding individual information;
(H) Not be on the list of
excluded or debarred providers maintained by the Office of Inspector General (http://exclusions.oig.hhs.gov/);
(I) If providing transportation,
have a valid license to drive and proof of insurance, as well as any other license
or certification that may be required under state and local law depending on the
nature and scope of the transportation service;
(J) Meet the required qualifications
for the employment service provided including those required for an employment professional;
and
(K) Sign a Medicaid provider
agreement and be enrolled as a Medicaid provider prior to delivery of any services.
(c) AGENCY SERVICE PROVIDERS.
(A) INSPECTIONS AND INVESTIGATIONS.
The agency service provider must allow inspections and investigations as described
in OAR 411-323-0040.
(B) AGENCY MANAGEMENT AND
PERSONNEL PRACTICES. The agency service provider must comply with the agency management
and personnel practices as described in OAR 411-323-0050.
(C) PERSONNEL FILES AND QUALIFICATION
RECORDS. The agency service provider must maintain written documentation of six
hours of pre-service training prior to staff providing services or supports to individuals,
including mandatory abuse reporting training, training to work with individuals
with developmental disabilities, and training on the support needs of the individual
to whom they will provide support;
(D) STAFFING REQUIREMENTS:
(i) Each agency service provider
must provide direct service staff appropriate to the number and level of individuals
served, to ensure individual rights, basic health, and safety are met;
(ii) Staff must have approval
to work based on current Department policy and procedures for background checks
in OAR 411-323-0050;
(iii) When individuals are
present at an agency site, the service provider must provide and document there
are staff trained in the following areas:
(I) At least one staff member
on duty with CPR certification at all times;
(II) At least one staff member
on duty with current First Aid certification at all times;
(III) At least one staff
member on duty with training to meet other specific medical needs as determined
through ISP processes; and
(IV) At least one staff member
on duty with training to meet other specific behavior intervention needs as determined
through ISP processes.
(3) EMPLOYMENT PROVIDER QUALIFICATIONS:
(a) EMPLOYMENT PROFESSIONAL.
Each employment professional must possess and demonstrate the following qualifications:
(A) Knowledge of developmental
disability services;
(B) Knowledge of the rules
governing employment services;
(C) Ability to provide skills
training for individuals to increase employability;
(D) Ability to support individuals
to maintain and be successful in employment; and
(E) Demonstrate by background,
education, references, skills, and abilities that the employment professional is
capable of safely and adequately performing the tasks to support the ISP and Career
Development Plan for an individual, with such demonstration confirmed in writing
by the individual, including:
(i) Ability and sufficient
education to follow oral and written instructions and keep any records required;
(ii) Responsibility, maturity,
and reputable character exercising sound judgment;
(iii) Ability to communicate
with the individual; and
(iv) Training of a nature
and type sufficient to ensure that the employment professional has knowledge of
emergency procedures specific to the individual receiving services.
(b) JOB DEVELOPERS. A provider
of job development services must also possess and demonstrate the following qualifications:
(A) Possess knowledge of
best practice methodologies for job development; and
(B) Be able to demonstrate
the core competencies of a job developer within one year of employment, including
those pertaining to skills assessment, job matching, job customization, job carving,
community building, mapping and networking, analyzing labor trends, identifying
patterns in job markets, identifying incentives for businesses, and mentoring job
seekers.
(c) JOB COACHES. A provider
of job coaching services must also possess and demonstrate the following qualifications:
(A) Knowledge of best practice
methodologies for job coaching; and
(B) Be able to demonstrate
the core competencies of a job coach within one year of employment, including skills
to recognize and adapt supports to individual learning styles and needs, conduct
task design and accommodations, train instructional and schedule procedures, and
collaborate with employee, employer, co-workers, and support team.
(d) DISCOVERY PROVIDER.
(A) A provider of discovery
services must also possess and demonstrate the following qualifications:
(i) Knowledge of best practice
methodologies for conducting discovery; and
(ii) Be able to demonstrate
the core competencies of a discovery provider within one year of employment, including
skills to facilitate the discovery process, apply person-centered planning techniques,
develop an employment portfolio, identify a job seekers' strengths, interests, and
talents, and integrate all pertinent information required by the Department into
a Discovery Profile.
(B) Effective July 1, 2015,
a discovery provider must be qualified as a vendor of Vocational Rehabilitation
job placement in order to provide the discovery service.
(e) EMPLOYMENT PATH SERVICE
PROVIDERS. A provider of employment path services must also possess and demonstrate
the following qualifications:
(A) Knowledge of best practice
methodologies for providing employment path services; and
(B) Be able to demonstrate
the core competencies of an employment path skills provider within one year of employment,
including skills to provide learning and work experiences to teach general, non-job-task-specific
strengths and skills.
(4) EMPLOYMENT PROVIDER TRAINING:
(a) Employment professional
employed by an agency service provider must complete the following training:
(A) A review of these rules;
(B) CPR and First Aid by
a recognized training agency within 90 calendar days of hire;
(C) Six hours of pre-service
training including:
(i) Mandatory abuse reporting
training;
(ii) Training to work with
individuals with developmental disabilities; and
(iii) Training on the employment
service and support needs of the individual to whom they will provide support.
(b) An agency service provider
must keep documentation of required training in the personnel files of the employment
professional.
(c) All employment specialists
must complete a competency based employment training as follows:
(A) Job coaches must complete
at least one Department approved training for job coaching within 90 days of providing
job coaching.
(B) Job developers must complete
at least one Department approved training for job developers within 90 days of providing
job development.
(C) Discovery providers must
complete at least one Department approved training for discovery before being authorized
to provide discovery.
(D) Employment path providers
must complete at least one Department approved training for employment path providers
within 90 days of providing employment path services.
(d) Effective July 1, 2016,
agency service providers must have at least one employee who has the Department
approved credentialing. Effective July 1, 2016, providers independently contracted
to provide an employment service must have the Department approved credentialing.
(5) DISQUALIFICATION. Employment
professionals must self-report any potentially disqualifying condition as described
in OAR 407-007-0280 and OAR 407-007-0290. The employment professionals must notify
the Department or the designee of the Department within 24 hours.
[ED. NOTE: Forms referenced are available
from the agency.]
Stat. Auth.: ORS 409.050
& 410.070
Stats. Implemented: ORS 430.610,
430.662 & 430.670
Hist.: MHD 26-1982(Temp),
f. & ef. 12-3-82; MHD 9-1983, f. & ef. 6-7-83; MHD 7-1990(Temp), f. &
cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997, f. &
cert. ef. 1-31-97; Renumbered from 309-047-0010, SPD 23-2003, f. 12-22-03, cert.
ef. 12-28-03; SPD 5-2011(Temp), f. & cert. ef. 2-7-11 thru 8-1-11; SPD 14-2011,
f. & cert. ef. 7-1-11; SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11;
SPD 1-2012, f. & cert. ef. 1-6-12; APD 27-2014(Temp), f. & cert. ef. 7-1-14
thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0050
Reciprocal Compliance for Agency Service Providers
(1) The Department may accept compliance
with other formally recognized standards as assurance of compliance with all or
part of these rules.
(2) An employment service
provider seeking an endorsement based on compliance with other standards must provide
the Department with a copy of the complete detailed report from the reviewing group.
Where there are differences between other standards and Oregon Administrative Rules,
the Oregon Administrative Rules shall take precedence.
Stat. Auth.: ORS 409.050 & 410.070
Stats. Implemented: ORS 430.610,
430.630 & 430.670
Hist.: MHD 13-1990, f. &
cert. ef. 12-7-90; Renumbered from 309-047-0018, SPD 23-2003, f. 12-22-03, cert.
ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 19-2011(Temp), f. &
cert. ef. 7-1-11 thru 12-28-11; SPD 1-2012, f. & cert. ef. 1-6-12; APD 27-2014(Temp),
f. & cert. ef. 7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0085
Reports and Recordkeeping
(1) For each individual supported, service
providers being paid for job development services must report activity at least
monthly to the services coordinator or personal agent for the individual.
(2) For each individual supported,
service providers being paid for discovery services must complete a Discovery Profile
and submit the Discovery Profile to the services coordinator or personal agent for
the individual.
(3) All documentation required
by these rules, unless stated otherwise, must:
(a) Be prepared at the time,
or immediately following the event being recorded;
(b) Be accurate and contain
no willful falsifications;
(c) Be legible, dated, and
signed by the person making the entry; and
(d) Be maintained for no
less than five years.
Stat. Auth.: ORS 409.050, 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: APD 27-2014(Temp),
f. & cert. ef. 7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0090
Variances for Agency Service Providers
(1) The Department may grant a variance
to these rules based upon a demonstration by the agency service provider that an
alternative method or different approach provides equal or greater program effectiveness
and does not adversely impact the welfare, health, safety, or rights of individuals
or violate state or federal laws.
(2) The agency service provider
requesting a variance must submit a written application to the CDDP that contains
the following:
(a) The section of the rule
from which the variance is sought;
(b) The reason for the proposed
variance;
(c) The alternative practice,
service, method, concept, or procedure proposed; and
(d) If the variance applies
to the services of an individual, evidence that the variance is consistent with
the currently authorized ISP for the individual.
(3) The CDDP must forward
the signed variance request form to the Department within 30 calendar days from
the receipt of the request indicating the position of the CDDP on the proposed variance.
(4) The request for a variance
is approved or denied by the Department. The decision of the Department is sent
to the agency service provider, the CDDP, and to all relevant Department programs
or offices within 30 calendar days from the receipt of the variance request.
(5) The agency service provider
may request an administrative review of the denial of a variance. The Department
must receive a written request for an administrative review within 10 business days
from the receipt of the denial. The agency service provider must send a copy of
the written request for an administrative review to the CDDP. The decision of the
Director is the final response from the Department.
(6) The duration of the variance
is determined by the Department.
(7) The agency service provider
may implement a variance only after written approval from the Department.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662 & 430.670
Hist.: MHD 26-1982(Temp),
f. & ef. 12-3-82; MHD 9-1983, f. & ef. 6-7-83; MHD 7-1990(Temp), f. &
cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997, f. &
cert. ef. 1-31-97; Renumbered from 309-047-0040, SPD 23-2003, f. 12-22-03, cert.
ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 1-2012, f. & cert.
ef. 1-6-12; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 45-2014,
f. 12-26-14, cert. ef. 12-28-14
411-345-0095
Service and Payment Limitations
(1) Effective service rates as authorized
in Department payment and reporting systems for individuals enrolled in employment,
attendant care, and skills training and paid to providers for delivering services,
as described in these rules, shall be based upon the Collective Bargaining Agreement
or the agency fee schedule published by the Department.
(2) Only one service may
be billed per individual per hour. Payments based on an outcome are not in conflict
with payments made based on direct service delivery.
(3) Employment services and
payment for employment service are limited to:
(a) An average of 25 hours
per week for any combination of job coaching, supported employment - small group
employment support, and employment path services; and
(b) 40 hours in any one week
for job coaching if job coaching is the only service utilized.
(4) Exceptions to the service
and payment limitations may be considered by the Department based upon applicable
Department policy.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: SPD 14-2011, f. &
cert. ef. 7-1-11; SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13; APD 27-2014(Temp),
f. & cert. ef. 7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0110
Individuals' Rights
(1) An agency service provider must
have and implement written policies and procedures that protect the rights of individuals
described in subsection (3) of this section and encourage and assist individuals
to understand and exercise these rights.
(2) Upon entry and request
and annually thereafter, the individual rights described in section (3) of this
rule must be provided to an individual and the legal or designated representative
of the individual.
(3) While receiving developmental
disability services, an individual has the right to:
(a) Be free and protected
from abuse or neglect and to report any incident of abuse or neglect without being
subject to retaliation;
(b) Be free from seclusion,
unauthorized training or treatment, protective physical intervention, chemical restraint,
or mechanical restraint and assured that medication is administered only for the
clinical needs of the individual as prescribed by a health care provider unless
an imminent risk of physical harm to the individual or others exists and only for
as long as the imminent risk continues;
(c) Individual choice to
consent to or refuse treatment unless incapable and then an alternative decision
maker must be allowed to consent to or refuse treatment for the individual;
(d) Informed, voluntary,
written consent prior to receiving services, except in a medical emergency or as
otherwise permitted by law;
(e) Informed, voluntary,
written consent prior to participating in any experimental programs;
(f) A humane service environment
that affords reasonable protection from harm, reasonable privacy in all matters
that do not constitute a documented health and safety risk to the individual, and
access and the ability to engage in private communications with any public or private
rights protection program, services coordinator, and others chosen by the individual
through personal visits, mail, telephone, or electronic means;
(g) Contact and visits with
legal and medical professionals, legal and designated representatives, family members,
friends, advocates, and others chosen by the individual, except where prohibited
by court order;
(h) Participate regularly
in the community and use community resources, including recreation, developmental
disability services, employment services, school, educational opportunities, and
health care resources;
(i) For individuals less
than 21 years of age, access to a free and appropriate public education, including
a procedure for school attendance or refusal to attend;
(j) Reasonable and lawful
compensation for performance of labor, except personal housekeeping duties;
(k) Manage his or her own
money and financial affairs unless the right has been taken away by court order
or other legal procedure;
(l) Keep and use personal
property, personal control and freedom regarding personal property, and a reasonable
amount of personal storage space;
(m) Adequate food, housing,
clothing, medical and health care, supportive services, and training;
(n) Seek a meaningful life
by choosing from available services, service settings, and providers consistent
with the support needs of the individual identified through a functional needs assessment
and enjoying the benefits of community involvement and community integration:
(A) Services must promote
independence and dignity and reflect the age and preferences of the individual;
and
(B) The services must be
provided in a setting and under conditions that are most cost effective and least
restrictive to the liberty of the individual, least intrusive to the individual,
and that provide for self-directed decision-making and control of personal affairs
appropriate to the preferences, age, and identified support needs of the individual;
(o) An individualized written
plan for services created through a person-centered planning process, services based
upon the plan, and periodic review and reassessment of service needs;
(p) Ongoing opportunity to
participate in the planning of services in a manner appropriate to the capabilities
of the individual, including the right to participate in the development and periodic
revision of the plan for services, the right to be provided with a reasonable explanation
of all service considerations through choice advising, and the right to invite others
chosen by the individual to participate in the plan for services;
(q) Request a change in the
plan for services and a reassessment of service needs;
(r) A timely decision upon
request for a change in the plan for services;
(s) Advance written notice
of any action that terminates, suspends, reduces, or denies a service or request
for service and notification of other available sources for necessary continued
services;
(t) A hearing to challenge
an action that terminates, suspends, reduces, or denies a service or request for
service;
(u) Exercise all rights set
forth in ORS 426.385 and 427.031 if the individual is committed to the Department;
(v) Be informed at the start
of services and annually thereafter of the rights guaranteed by this rule, the contact
information for the protection and advocacy system described in ORS 192.517(1),
the procedures for reporting abuse, and the procedures for filing complaints, reviews,
or requests for hearings if services have been or are proposed to be terminated,
suspended, reduced, or denied;
(w) Have these rights and
procedures prominently posted in a location readily accessible to individuals and
made available to representatives of the individual;
(x) Be encouraged and assisted
in exercising all legal, civil, and human rights accorded to other citizens of the
same age, except when limited by a court order;
(y) Be informed of and have
the opportunity to assert complaints as described in OAR 411-318-0015 with respect
to infringement of the rights described in this rule, including the right to have
such complaints considered in a fair, timely, and impartial complaint procedure
without any form of retaliation or punishment; and
(z) Freedom to exercise all
rights described in this rule without any form of reprisal or punishment.
(4) The rights described
in this rule are in addition to, and do not limit, all other statutory and constitutional
rights that are afforded all citizens including, but not limited to, the right to
exercise religious freedom, vote, marry, have or not have children, own and dispose
of property, and enter into contracts and execute documents unless specifically
prohibited by law.
(5) An individual who is
receiving developmental disability services has the right under ORS 430.212 and
OAR 411-320-0090 to be informed that a family member has contacted the Department
to determine the location of the individual and to be informed of the name and contact
information of the family member, if known.
(6) The rights described
in this rule may be asserted and exercised by an individual, the legal representative
of an individual, and any representative designated by an individual.
(7) A guardian is appointed
for an adult only as is necessary to promote and protect the well-being of the adult.
A guardianship for an adult must be designed to encourage the development of maximum
self-reliance and independence of the adult, and may be ordered only to the extent
necessitated by the actual mental and physical limitations of the adult. An adult
for whom a guardian has been appointed is not presumed to be incompetent. An adult
with a guardian retains all legal and civil rights provided by law, except those
that have been expressly limited by court order or specifically granted to the guardian
by the court. Rights retained by an adult include, but are not limited to, the right
to contact and retain counsel and to have access to personal records. (ORS 125.300).
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 26-1982(Temp),
f. & ef. 12-3-82; MHD 9-1983, f. & ef. 6-7-83; MHD 7-1990(Temp), f. &
cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997, f. &
cert. ef. 1-31-97; Renumbered from 309-047-0050, SPD 23-2003, f. 12-22-03, cert.
ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 19-2011(Temp), f. &
cert. ef. 7-1-11 thru 12-28-11; SPD 1-2012, f. & cert. ef. 1-6-12; SPD 61-2013,
f. 12-27-13, cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru
12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0130
Complaints, Notification of Planned Action,
and Hearings
(1) INDIVIDUAL COMPLAINTS.
(a) Complaints by or on behalf
of individuals must be addressed in accordance with OAR 411-318-0015.
(b) An agency service provider
must have and implement written policies and procedures for individual complaints
in accordance with OAR 411-318-0015.
(c) Upon entry and request
and annually thereafter, the policy and procedures for complaints must be explained
and provided to an individual and the legal or designated representative of the
individual (as applicable).
(2) NOTIFICATION OF PLANNED
ACTION. In the event that a developmental disability service is denied, reduced,
suspended, or terminated or voluntarily reduced, suspended, or terminated, a written
advance Notification of Planned Action (form SDS 0947) must be provided as described
in OAR 411-318-0020.
(3) HEARINGS.
(a) Hearings must be addressed
in accordance with ORS chapter 183 and OAR 411-318-0025.
(b) An individual may request
a hearing as provided in ORS chapter 183 and OAR 411-318-0025 for a denial, reduction,
suspension, or termination of a developmental disability service or OAR 411-318-0030
for an involuntary reduction, transfer, or exit.
(c) Upon entry and request
and annually thereafter, a notice of hearing rights and the policy and procedures
for hearings must be explained and provided to an individual and the legal or designated
representative of the individual (as applicable).
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0060, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 19-2011(Temp), f.
& cert. ef. 7-1-11 thru 12-28-11; SPD 1-2012, f. & cert. ef. 1-6-12; SPD
61-2013, f. 12-27-13, cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef.
7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0140
Entry, Exit, and Transfer Requirements
for Agency Service Providers
(1) NON-DISCRIMINATION. An individual
considered for Department-funded services may not be discriminated against because
of race, color, creed, age, disability, national origin, gender, religion, duration
of Oregon residence, method of payment, or other forms of discrimination under applicable
state or federal law.
(2) ENTRY. For individuals
who receive case management from a CDDP an entry ISP team meeting must be conducted
prior to the initiation of employment services, attendant care, or skill training
for an individual. This meeting shall be conducted as follows:
(a) Prior to or upon an entry
ISP team meeting, an agency service provider must acquire the following individual
information:
(A) A copy of the eligibility
determination document;
(B) A statement indicating
safety skills, including the ability of the individual to evacuate from a building
when warned by a signal device;
(C) A brief written history
of any relevant behavioral challenges, including supervision and support needs;
(D) Documentation of any
relevant physical limitations that may affect services;
(E) Copies of documents relating
to the guardianship, conservatorship, health care representation, power of attorney,
court orders, probation and parole information, or any other relevant legal restrictions
on the rights of the individual (if applicable); and
(F) A copy of the most recent
ISP (if applicable) and Career Development Plan (if applicable).
(b) The findings of the entry
meeting must be recorded in the file for the individual and include, at a minimum:
(A) The name of the individual;
(B) The date of the entry
meeting;
(C) The date determined to
be the date of entry;
(D) Documentation of the
participants included in the entry meeting;
(E) Documentation as required
by OAR 411-345-0190 and 411-345-0200;
(F) Documentation of the
pre-entry information required by subsection (a) of this section;
(G) The written Transition
Plan for no longer than 60 calendar days that includes all medical, behavior, and
safety supports needed by the individual;
(H) Documentation of the
type of services the individual is to receive; and
(I) Documentation of the
decision to serve the individual requesting services.
(3) VOLUNTARY TRANSFERS AND
EXITS.
(a) An agency service provider
must promptly notify a services coordinator or personal agent if an individual gives
notice of the intent to exit services or abruptly exits services.
(b) An agency service provider
must notify a services coordinator or personal agent prior to the voluntary transfer
or exit of an individual from services.
(c) Notification and authorization
of the voluntary transfer or exit of the individual must be documented in the record
for the individual.
(4) INVOLUNTARY REDUCTIONS,
TRANSFERS, AND EXITS.
(a) An agency service provider
must only reduce, transfer, or exit an individual involuntarily for one or more
of the following reasons:
(A) The behavior of the individual
poses an imminent risk of danger to self or others;
(B) The individual experiences
a medical emergency;
(C) The service needs of
the individual exceed the ability of the agency service provider;
(D) The individual fails
to pay for services; or
(E) The certification or
endorsement for the agency service provider described in OAR chapter 411, division
323 is suspended, revoked, not renewed, or voluntarily surrendered.
(b) NOTICE OF INVOLUNTARY
REDUCTION, TRANSFER, OR EXIT. An agency service provider must not reduce services,
transfer, or exit an individual involuntarily without 30 calendar days advance written
notice to the individual, the legal or designated representative of the individual
(as applicable), and the services coordinator or personal agent, except in the case
of a medical emergency or when an individual is engaging in behavior that poses
an imminent danger to self or others as described in subsection (c) of this section.
(A) The written notice must
be provided on the Notice of Involuntary Reduction, Transfer, or Exit form approved
by the Department and include:
(i) The reason for the reduction,
transfer, or exit; and
(ii) The right of the individual
to a hearing as described in subsection (d) of this section.
(B) A Notice of Involuntary
Reduction, Transfer, or Exit is not required when an individual requests the reduction,
transfer, or exit.
(c) An agency service provider
may give less than 30 calendar days advance written notice only in a medical emergency
or when an individual is engaging in behavior that poses an imminent danger to self
or others. The notice must be provided to the individual, the legal or designated
representative of the individual (as applicable), and the services coordinator or
personal agent immediately upon determination of the need for a reduction, transfer,
or exit.
(d) HEARING RIGHTS. An individual
must be given the opportunity for a hearing under ORS Chapter 183 and OAR 411-318-0030
to dispute an involuntary reduction, transfer, or exit. If an individual requests
a hearing, the individual must receive the same services until the hearing is resolved.
When an individual has been given less than 30 calendar days advance written notice
of a reduction, transfer, or exit as described in subsection (c) of this section
and the individual has requested a hearing, the agency service provider must reserve
service availability for the individual until receipt of the Final Order.
(5) EXIT MEETING.
(a) The ISP team for an individual
must meet before any decision is made to exit services. Findings of the exit meeting
must be recorded in the file for the individual and include, at a minimum:
(A) The name of the individual
considered for exit;
(B) The date of the exit
meeting;
(C) Documentation of the
participants included in the exit meeting;
(D) Documentation of the
circumstances leading to the proposed exit;
(E) Documentation of the
discussion of the strategies to prevent the exit of the individual from services
(unless the individual is requesting the exit);
(F) Documentation of the
decision regarding the exit of the individual, including verification of the voluntary
decision to exit or a copy of the Notice of Involuntary Reduction, Transfer, or
Exit; and
(G) Documentation of the
proposed plan for services after the exit.
(b) Requirements for an exit
meeting may be waived if an individual is immediately removed from services under
the following conditions:
(A) The individual requests
an immediate removal from services; or
(B) The individual is removed
by legal authority acting pursuant to civil or criminal proceedings.
(6) TRANSFER MEETING. An
ISP team must meet to discuss any proposed transfer of an individual from one site
to another site before any decision to transfer is made. Findings of the transfer
meeting must be recorded in the file for the individual and include, at a minimum:
(a) The name of the individual
considered for transfer;
(b) The date of the transfer
meeting;
(c) Documentation of the
participants included in the transfer meeting;
(d) Documentation of the
circumstances leading to the proposed transfer;
(e) Documentation of the
alternatives considered instead of transfer;
(f) Documentation of the
reasons any preferences of the individual, or as applicable the legal or designated
representative or family members of the individual, may not be honored;
(g) Documentation of the
decision regarding the, including verification of the voluntary decision to transfer
or exit or a copy of the Notice of Involuntary Reduction, Transfer, or Exit; and
(h) The written plan for
services after the transfer.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; MHD 2-2003(Temp), f. & cert. ef. 7-1-03 thru 12-27-03;
Renumbered from 309-047-0065, SPD 23-2003, f. 12-22-03, cert. ef. 12-28-03; SPD
14-2011, f. & cert. ef. 7-1-11; SPD 26-2013(Temp), f. & cert. ef. 7-1-13
thru 12-28-13; SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13; APD 27-2014(Temp),
f. & cert. ef. 7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0160
Individual Support Plan
(1) An individual has the right to participate
in his or her ISP meeting and must be afforded every opportunity to develop and
direct his or her ISP and Career Development Plan.
(2) In order to receive employment
services, an individual must have an employment related goal in his or her ISP and
Career Development Plan.
(3) All individuals utilizing
services under these rules must participate in career development planning as a
part of the annual ISP.
(4) A Career Development
Plan and informal vocational assessment must be developed and implemented with the
ISP as follows. The Career Development Plan must:
(a) Focus on the strengths
of the individual;
(b) Prioritize employment
in integrated settings;
(c) Be based on person-centered
planning principles;
(d) Include a current and
accurate vocational assessment; and
(e) Be completed with the
goal of maximizing the number of hours spent working consistent with the interests,
abilities, and choices of the individual.
(5) For services provided
by an agency service provider, the ISP and Career Development Plan must be implemented,
and a copy of the sections of the ISP and Career Development Plan for each individual
that are necessary to deliver the employment services must be available for the
employment service provider prior to the start of services and at least annually
or as changes occur.
(6) Agency service providers
must:
(a) Assign a staff member
to participate as a team member in the development of the ISP and Career Development
Plan when invited by the individual;
(b) Follow any required process
and format as described in this rule;
(c) Train staff to understand
the ISP, Career Development Plan, and supporting documents for each individual and
to provide individual services; and
(d) Comply with Department
rules and policies regarding the ISP and Career Development Plan.
(7) Agency service providers
must participate in a face-to-face meeting annually with the ISP team of an individual.
An exception is made when:
(a) The individual chooses
not to participate in the meeting or the legal representative of the individual
objects to the participation of the individual in the face-to face meeting. The
individual must receive a copy of the ISP and Career Development Plan related to
the necessary delivery of services; or
(b) The individual objects
to the participation of an agency service provider during the face-to-face meeting.
(8) In preparation for the
ISP meeting, the agency service provider must:
(a) Gather person-centered
information regarding preferences, interests, and desires of the individual supported;
(b) Review the current ISP
and Career Development Plan of the individual to determine the ongoing appropriateness
and adequacy of the services and supports identified in the ISP and Career Development
Plan; and
(c) Share all materials drafted
in preparation for the ISP meeting with the ISP team one week prior to the ISP meeting.
(9) The agency service provider
must receive a copy of the ISP and Career Development Plan, or at least portions
thereof, related to the necessary delivery of services.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0075, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 61-2013, f. 12-27-13,
cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14;
APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0170
Behavior Support for Agency Service Providers
For an agency service provider certified
by the Department to provide services under these rules and endorsed under the rules
in OAR chapter 411, division 323:
(1) The agency service provider
must have and implement a written policy for behavior support utilizing individualized
positive support techniques and prohibiting abusive practices.
(2) The agency service provider
must inform the individual, and as applicable the legal or designated representative
of the individual, of the behavior support policy and any applicable procedures
at the time of entry to services and as changes to the behavior policy occur.
(3) Prior to the development
of a Behavior Support Plan, the agency service provider must conduct a functional
behavioral assessment of the behavior, which must be based upon information provided
by one or more people who know the individual. The functional behavioral assessment
must include:
(a) A clear, measurable description
of the behavior that includes (as applicable) frequency, duration, and intensity
of the behavior;
(b) A clear description and
justification of the need to alter the behavior;
(c) An assessment of the
meaning of the behavior that includes the possibility that the behavior is one or
more of the following:
(A) An effort to communicate;
(B) The result of a medical
condition;
(C) The result of a psychiatric
condition; or
(D) The result of environmental
causes or other factors.
(d) A description of the
context in which the behavior occurs; and
(e) A description of what
currently maintains the behavior.
(4) A Behavior Support Plan
must include:
(a) An individualized summary
of the needs, preferences, and relationships of an individual;
(b) A summary of the functions
of the behavior as derived from the functional behavioral assessment;
(c) Strategies that are related
to the functions of the behavior and are expected to be effective in reducing problem
behaviors;
(d) Prevention strategies,
including environmental modifications and arrangements;
(e) Early warning signals
or predictors that may indicate a potential behavioral episode and a clearly defined
plan of response;
(f) A general crisis response
plan that is consistent with OIS;
(g) A plan to address post
crisis issues;
(h) A procedure for evaluating
the effectiveness of the Behavior Support Plan that includes a method of collecting
and reviewing data on frequency, duration, and intensity of the behavior;
(i) Specific instructions
for staff who provide support to follow regarding the implementation of the Behavior
Support Plan; and
(j) Positive behavior supports
that includes the least intrusive intervention possible.
(5) The agency service provider
must maintain the following additional documentation for implementation of Behavior
Support Plans:
(a) Written evidence that
the individual, the legal or designated representative of the individual (as applicable),
and the ISP team are aware of the development of the Behavior Support Plan and any
objections or concerns;
(b) Written evidence of the
ISP team decision for approval of the implementation of the Behavior Support Plan;
and
(c) Written evidence of all
informal and positive strategies used to develop an alternative behavior.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0080, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 61-2013, f. 12-27-13,
cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14;
APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0180
Protective Physical Intervention for Agency
Service Providers
For an agency service provider certified
by the Department to provide services under these rules and endorsed under the rules
in OAR chapter 411, division 323:
(1) The agency service provider
must only employ protective physical intervention techniques that are included in
the approved OIS curriculum or as approved by the OIS Steering Committee. Protective
physical intervention techniques must only be applied:
(a) When the health and safety
of the individual and others are at risk and the ISP team has authorized the procedures
in a documented ISP team decision that is included in the ISP and uses procedures
that are intended to lead to less restrictive intervention strategies;
(b) As an emergency measure
if absolutely necessary to protect the individual or others from immediate injury;
or
(c) As a health-related protection
ordered by a physician if absolutely necessary during the conduct of a specific
medical or surgical procedure, or for the protection of the individual during the
time that a medical condition exists.
(2) Staff supporting an individual
must be trained and certified in OIS when the individual has a history of behavior
requiring protective physical intervention and the ISP team has determined there
is probable cause for future application of protective physical intervention. Documentation
verifying current OIS certification of staff must be maintained in the personnel
file for the staff person and be available for review by the Department or the designee
of the Department.
(3) The service provider
must obtain the approval of the OIS Steering Committee for any modification of standard
OIS protective physical intervention techniques. The request for modification of
protective physical intervention techniques must be submitted to the OIS Steering
Committee and must be approved in writing by the OIS Steering Committee prior to
the implementation of the modification. Documentation of the approval must be maintained
in the record for the individual.
(4) Use of protective physical
intervention techniques in emergency situations that are not part of an approved
Behavior Support Plan must:
(a) Be reviewed by the executive
director of the agency service provider or the designee of the executive director
within one hour of application;
(b) Be used only until the
individual is no longer an immediate threat to self or others;
(c) Be documented as an incident
report and submitted to the services coordinator, personal agent, or other Department
designee (if applicable) and the legal representative of the individual (if applicable),
no later than one business day after the incident has occurred; and
(d) Prompt an ISP team meeting
if an emergency intervention is used more than three times in a six-month period.
(5) Any use of protective
physical intervention must be documented in an incident report, excluding circumstances
as described in section (8) of this rule. The incident report must include:
(a) The name of the individual
to whom the protective physical intervention was applied;
(b) The date, type, and length
of time the protective physical intervention was applied;
(c) A description of the
incident precipitating the need for the use of the protective physical intervention;
(d) Documentation of any
injury;
(e) The name and position
of the staff member applying the protective physical intervention;
(f) The name and position
of the staff witnessing the protective physical intervention;
(g) The name and position
of the person providing the initial review of the use of the protective physical
intervention; and
(h) Documentation of an administrative
review by the executive director of the agency service provider or the designee
of the executive director who is knowledgeable in OIS as evident by a job description
that reflects this responsibility, which includes the follow-up to be taken to prevent
a recurrence of the incident.
(6) The agency service provider
must forward a copy of the incident report within five business days of the incident
to the services coordinator or personal agent and the legal representative of the
individual (if applicable).
(a) The services coordinator,
personal agent, or the Department designee (if applicable) must receive a complete
copy of the incident report.
(b) A copy of an incident
report may not be provided to the legal representative or other agency service provider
of an individual when the report is part of an abuse or neglect investigation.
(c) A copy of an incident
report provided to the legal representative or other service provider of an individual
must have confidential information about other individuals removed or redacted as
required by federal and state privacy laws.
(7) All protective physical
interventions resulting in injuries must be documented in an incident report and
forwarded to the services coordinator, personal agent, or other Department designee
(if applicable), within one business day of the incident.
(8) The agency service provider
may substitute a behavior data summary in lieu of individual incident reports when:
(a) There is no injury to
the individual or others;
(b) There is a formal written
functional behavioral assessment and a written Behavior Support Plan;
(c) The Behavior Support
Plan defines and documents the parameters of the baseline level of behavior;
(d) The protective physical
intervention techniques and the behaviors for which the protective physical intervention
techniques are applied remain within the parameters outlined in the Behavior Support
Plan for the individual and the OIS curriculum;
(e) The behavior data collection
system for recording observation, intervention, and other support information critical
to the analysis of the efficacy of the Behavior Support Plan is also designed to
record items as required in section (5) of this rule; and
(f) There is written documentation
of an ISP team decision that a behavior data summary had been authorized for substitution
in lieu of incident reports.
(9) A copy of the behavior
data summary must be forwarded every 30 calendar days to the services coordinator,
personal agent, or other Department designee (if applicable) and the legal representative
of an individual (if applicable).
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0085, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 61-2013, f. 12-27-13,
cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14;
APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0190
Medical Services for Agency Service Providers
For an agency service provider certified
by the Department to provide services under these rules and endorsed under the rules
in OAR chapter 411, division 323:
(1) All medical records for
the individuals must be kept confidential as described in OAR 411-323-0060.
(2) The agency service provider
must have and implement written policies and procedures that describe the medical
management system, including medication administration, early detection and prevention
of infectious disease, self-administration of medication, drug disposal, emergency
medical procedures including the handling of bodily fluids, and confidentiality
of medical records.
(3) Individuals must receive
care that promotes their health and well-being as follows:
(a) The agency service provider
must observe the health and physical condition of an individual and take action
in a timely manner in response to identified changes in condition that may lead
to deterioration or harm;
(b) The agency service provider
must assist an individual with the use and maintenance of prosthetic devices as
necessary for the activities of the service;
(c) The agency service provider,
with the knowledge of the individual, must share information regarding medical conditions
with the residential contact (if applicable) and the services coordinator or personal
agent of the individual; and
(d) The agency service provider
must provide rest and lunch periods at least as required by applicable law unless
the needs of the individual dictate additional time.
(4) The agency service provider
must maintain records on each individual to aid physicians, health care providers,
and the agency service provider in understanding the medical history and current
treatment program for the individual. These records must be kept current and organized
in a manner that permits a staff and health care provider to easily follow the course
of treatment for the individual. Such documentation must include:
(a) A medical history obtained
prior to entry to services including where available:
(A) A copy of a record of
immunizations; and
(B) A list of known communicable
diseases and allergies.
(b) A record of the current
medical condition of the individual, including:
(A) A copy of all current
orders for medication administered and maintained at the site of the agency service
provider;
(B) A list of all current
medications; and
(C) A record of visits to
health care providers if facilitated or provided by the agency service provider.
(5) The administration of
medication at the service site must be avoided whenever possible. When medications,
treatments, equipment, or special diets must be administered or monitored for self-administration,
the agency service provider must:
(a) Obtain a copy of a written
order signed by a physician, designee of a physician, or health care provider prescribing
the medication, treatment, special diet, equipment, or other medical service; and
(b) Follow written orders.
(6) PRN orders are not accepted
for psychotropic medication.
(7) All medications administered
or monitored in the case of self-administration must be:
(a) Kept in their original
containers;
(b) Labeled by the dispensing
pharmacy, product manufacturer, or physician or health care provider, as specified
per the written order of a physician or health care provider;
(c) Kept in a secured locked
container and stored as indicated by the product manufacturer; and
(d) Recorded on an individualized
Medication Administration Record (MAR), including treatments and PRN orders.
(8) The MAR must include:
(a) The name of the individual;
(b) The brand or generic
name of the medication, including the prescribed dosage and frequency of administration
as contained on the order of the physician or health care provider and medication;
(c) For topical medications
and basic first aid treatments utilized without the order of a physician or health
care provider, a transcription of the printed instructions from the package or the
description of the basic first aid treatment provided;
(d) Times and dates of administration
or self-administration of the medication;
(e) The signature of the
staff administering the medication or monitoring the self-administration of the
medication;
(f) Method of administration;
(g) Documentation of any
known allergies or adverse reactions to a medication;
(h) Documentation and an
explanation of why a PRN medication was administered and the results of such administration;
and
(i) An explanation of any
medication administration irregularity with documentation of administrative review
by the executive director of the agency service provider or the designee of the
executive director.
(9) Safeguards to prevent
adverse medication reactions must be utilized to include:
(a) Maintaining information
about the effects and side-effects of each prescribed medication;
(b) Communicating any concerns
regarding any medication usage, effectiveness, or effects to the residential contact
(if applicable) and the services coordinator or personal agent; and
(c) Prohibiting the use of
the medications of one individual by another individual.
(10) The service site or
agency service provider may not keep unused, discontinued, outdated, or recalled
medication, or medication containers with worn, illegible, or missing labels. All
unused, discontinued, outdated, or recalled medication or medication containers
with worn, illegible, or missing labels must be promptly disposed of in a manner
consistent with federal statutes and designed to prevent illegal diversion of the
substances into the possession of people other than for whom the medication was
prescribed. The agency service provider must maintain a written record of all disposed
medications that includes:
(a) Date of disposal;
(b) A description of the
medication, including amount;
(c) The name of the individual
for whom the medication was prescribed;
(d) The reason for disposal;
(e) The method of disposal;
(f) Signature of staff disposing;
and
(g) For controlled medications,
the signature of a witness to the disposal.
(11) For any individual who
is self-administering medication while receiving services from an agency service
provider, the agency service provider must:
(a) Have documentation that
a training program was initiated with approval of the ISP team for the individual
or that training for the individual is unnecessary;
(b) If necessary, have a
training program that is consistent with the self-administration training program
in place at the residence of the individual;
(c) If necessary, have a
training program that provides for retraining when there is a change in dosage,
medication, or time of delivery;
(d) Have specific supports
identified and documented for the individual when training has been deemed unnecessary;
and
(e) Provide for an annual
review, at a minimum, as part of the ISP process, upon completion of the training
program or when training for the individual has been deemed necessary by the ISP
team.
(12) The agency service provider
must ensure that individuals able to self-administer medications keep the medications
secured, unavailable to any other person, and stored as recommended by the product
manufacturer.
(13) The agency service provider
must immediately contact the services coordinator or personal agent when the medical,
behavioral, or physical needs of an individual change to a point that the needs
of the individual may not be met by the agency service provider. The ISP team may
determine alternative service providers or may arrange other services if necessary.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0090, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 19-2011(Temp), f.
& cert. ef. 7-1-11 thru 12-28-11; SPD 1-2012, f. & cert. ef. 1-6-12; SPD
61-2013, f. 12-27-13, cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef.
7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0200
Individual Summary Sheets and Emergency
Information for Agency Service Providers
For an agency service provider certified
by the Department to provide services under these rules and endorsed under the rules
in OAR chapter 411, division 323:
(1) The agency service provider
must maintain a current one to two page summary sheet record at the primary place
of business of the agency service provider for each individual receiving services.
The record must include:
(a) The name of the individual
and his or her current address, telephone number, date of entry into services, date
of birth, gender, preferred hospital, medical prime and private insurance number
(if applicable), and guardianship status; and
(b) The name, address, and
telephone number of:
(A) The legal or designated
representative, family, and other significant person of the individual (as applicable);
(B) The primary care provider
and clinic preferred by the individual;
(C) The dentist preferred
by the individual;
(D) The services coordinator
or personal agent of the individual; and
(E) Other agencies and representatives
providing services and supports to the individual.
(2) An agency service provider
must maintain emergency information for each individual receiving supports and services
from the agency service provider in addition to an individual summary sheet identified
in section (1) of this rule. The emergency information must be kept current and
must include:
(a) The name of the individual;
(b) The name, address, and
telephone number of the agency service provider;
(c) The address and telephone
number of the residence where the individual lives;
(d) The physical description
of the individual, which may include a picture and the date the picture was taken,
and identification of:
(A) The race, gender, height,
weight range, hair, and eye color of the individual; and
(B) Any other identifying
characteristics that may assist in identifying the individual may the need arise,
such as marks or scars, tattoos, or body piercing.
(e) Information on the abilities
and characteristics of the individual, including:
(A) How the individual communicates;
(B) The language the individual
uses or understands;
(C) The ability of the individual
to know and take care of bodily functions; and
(D) Any additional information
that may assist a person not familiar with the individual to understand what the
individual may do for him or herself.
(f) The health support needs
of the individual, including:
(A) Diagnosis;
(B) Allergies or adverse
drug reactions;
(C) Health issues that a
person needs to know when taking care of the individual;
(D) Special dietary or nutritional
needs, such as requirements around the textures or consistency of foods and fluids;
(E) Food or fluid limitations
due to allergies, diagnosis, or medications the individual is taking that may be
an aspiration risk or other risk for the individual;
(F) Additional special requirements
the individual has related to eating or drinking, such as special positional needs
or a specific way foods or fluids are given to the individual;
(G) Physical limitations
that may affect the ability of the individual to communicate, respond to instructions,
or follow directions; and
(H) Specialized equipment
needed for mobility, positioning, or other health-related needs.
(g) The emotional and behavioral
support needs of the individual, including:
(A) Mental health or behavioral
diagnosis and the behaviors displayed by the individual; and
(B) Approaches to use when
dealing with the individual to minimize emotional and physical outbursts.
(h) Any court ordered or
legal representative authorized contacts or limitations;
(i) The supervision requirements
of the individual and why; and
(j) Any additional pertinent
information the agency service provider has that may assist in the care and support
of the individual in the event of a natural or man-made disaster.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0095, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 61-2013, f. 12-27-13,
cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14;
APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0230
Incident Reports and Emergency Notifications
by Agency Service Providers
For an agency service provider certified
by the Department to provide services under these rules and endorsed under the rules
in OAR chapter 411, division 323:
(1) A written incident report
describing any injury, accident, act of physical aggression, or unusual incident
involving an individual must be placed in the record for the individual. The incident
report must include:
(a) Conditions prior to,
or leading to, the incident;
(b) A description of the
incident;
(c) Staff response at the
time; and
(d) Follow-up to be taken
to prevent a recurrence of the injury, accident, physical aggression, or unusual
incident.
(2) Copies of incident reports
for all unusual incidents (as defined by OAR 411-345-0020) must be sent to the services
coordinator or personal agent within five business days of the unusual incident.
(3) The agency service provider
must immediately notify the CDDP or Brokerage of an incident or allegation of abuse
falling within the scope of OAR 407-045-0260.
(4) In the case of an unusual
incident requiring emergency response, the agency service provider must immediately
notify:
(a) The legal representative,
parent, next of kin, designated representative, and other significant person of
the individual (as applicable);
(b) The CDDP or Brokerage;
(c) The residential contact
of the individual; and
(d) Any other agency responsible
for the individual.
(5) In the case of an individual
who is missing or absent without supervision beyond the time frames established
by the ISP team, the agency service provider must immediately notify:
(a) The designated representative
of the individual (if applicable);
(b) The legal representative
of the individual or nearest responsible relative (as applicable);
(c) The residential contact
of the individual;
(d) The local police department;
and
(e) The CDDP or Brokerage.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0110, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10;
SPD 12-2010, f. 6-30-10, cert. ef. 7-1-10; SPD 14-2011, f. & cert. ef. 7-1-11;
SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert.
ef. 7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0240
Emergency Plan and Safety Review for Agency
Service Providers
For an agency service provider certified
by the Department to provide services under these rules and endorsed under the rules
in OAR chapter 411, division 323:
(1) An agency service provider
must develop, keep current, and implement a written emergency plan for the protection
of all individuals in the event of an emergency or disaster. The emergency plan
must:
(a) Be practiced at least
annually;
(b) Consider the needs of
the individuals being supported and address all natural and human-caused events
identified as a potential significant risk to the individuals, such as a pandemic
or an earthquake;
(c) Coordinate with each
residential provider or residential contact to address the possibility of emergency
or disaster resulting in the following:
(A) Extended utility outage;
(B) No running water;
(C) Inability to provide
food or supplies; and
(D) Staff unable to report
as scheduled.
(d) Include provisions for
evacuation and relocation that identifies:
(A) The duties of staff during
evacuation, transport, and housing of individuals;
(B) The requirement for staff
to notify the Department and the local CDDP and Brokerage offices of the plan to
evacuate or the evacuation of the facility, as soon as the emergency or disaster
reasonably allows;
(C) The method and source
of transportation;
(D) Planned relocation sites
that are reasonably anticipated to meet the needs of the individuals;
(E) A method that provides
a person unknown to the individual the ability to identify the individual by name
and to identify the name of the agency service provider for the individual; and
(F) A method for tracking
and reporting to the Department, local CDDP and Brokerage offices, or designee,
the physical location of each individual until a different entity resumes responsibility
for the individual.
(e) Address the needs of
the individual, including medical needs; and
(f) Be submitted to the Department
as a summary, per Department format, at least annually and upon revision and change
of ownership.
(2) An agency service provider
must post the following emergency telephone numbers in close proximity to all phones
used by staff:
(a) The telephone numbers
of the local fire, police department, and ambulance service, if not served by a
911 emergency service; and
(b) The telephone number
of the executive director of the agency service provider and additional people to
be contacted in the case of an emergency.
(3) If an individual regularly
accesses the community independently, the agency service provider must provide the
individual information about appropriate steps to take in an emergency, such as
emergency contact telephone numbers, contacting police or fire personnel, or other
strategies to obtain assistance.
(4) A documented safety review
must be conducted quarterly to ensure the service site is free of hazards. The agency
service provider must keep the quarterly safety review reports for five years and
must make them available upon request by the CDDP, Brokerage, or the Department.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0115, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 61-2013, f. 12-27-13,
cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14;
APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0250
Evacuation for Agency
Service Providers
For an agency service provider certified
by the Department to provide services under these rules and endorsed under the rules
in OAR chapter 411, division 323:
(1) The agency service provider
must train all individuals immediately upon entry to each service site to leave
the site in response to an alarm or other emergency signal.
(2) The agency service provider
must document the level of assistance needed by each individual to safely evacuate
and such documentation must be maintained in the entry records for the individual.
(3) The agency service provider
must provide, or assure provision of, necessary adaptations or accommodations to
ensure evacuation safety for individuals with sensory and physically impairments.
(4) Site-based agency service
providers must:
(a) Conduct unannounced evacuation
drills one per quarter each year when individuals are present, unless required more
often by the Oregon Occupational Safety and Health Division.
(A) Drills must occur at
different times of the day.
(B) Routes to leave the site
for the drill must vary based on the location of a simulated emergency.
(C) Any individual failing
to evacuate the service site unassisted within three minutes, or an amount of time
set by the local fire authority for the site, must be provided specialized training
and support in evacuation procedures.
(b) Make written documentation
at the time of each drill and keep the documentation for at least two years following
the drill. Documentation must include:
(A) The date and time of
the drill;
(B) The location of the simulated
emergency and route of evacuation;
(C) The last names of all
individuals and staff present in the service area at the time of the drill;
(D) The type of evacuation
assistance provided by staff to individuals that need more than three minutes to
evacuate as specified in the safety plan for the individuals;
(E) The amount of time required
by each individual to evacuate if the individual needs more than three minutes to
evacuate;
(F) The amount of time for
all individuals to evacuate exclusive of individuals with specialized support as
described in section (3)(c) of this rule; and
(G) The signature of the
staff conducting the drill.
(c) Develop a written safety
plan for individuals who are unable to evacuate the site within the required evacuation
time or who, with concurrence of the ISP team, request not to participate in evacuation
drills. The safety plan must include:
(A) Documentation of the
risk to the medical, physical condition, and behavioral status of the individual;
(B) Identification of how
the individual must evacuate the site, including level of support needed;
(C) The routes to be used
to evacuate the individual to a point of safety;
(D) Identification of assistive
devices required for evacuation;
(E) The frequency the plan
must be practiced and reviewed by the individual and staff;
(F) The alternative practices;
(G) Approval of the plan
by the legal representative of the individual, services coordinator or personal
agent, and the executive director of the agency service provider; and
(H) A plan to encourage future
participation in evacuation drills.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0120, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 61-2013, f. 12-27-13,
cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14;
APD 45-2014, f. 12-26-14, cert. ef. 12-28-14
411-345-0260
Physical Environment for Agency
Service Providers
For an agency service provider certified
by the Department to provide services under these rules and endorsed under the rules
in OAR chapter 411, division 323:
(1) All agency service providers
must ensure that the service site has no known health or safety hazards in its immediate
environment and that individuals are trained to avoid recognizable hazards.
(2) The agency service provider
must:
(a) Assure that at least
once every five years a health and safety inspection is conducted of owned, leased,
or rented buildings and property.
(A) The inspection must cover
all areas and buildings where services are delivered to individuals, administrative
offices, and storage areas.
(B) The inspection may be
performed by:
(i) Oregon Occupational Safety
and Health Division;
(ii) The workers compensation
insurance carrier of the agency service provider;
(iii) An appropriate expert,
such as a licensed safety engineer or consultant approved by the Department; or
(iv) The Oregon Public Health
Division, when necessary.
(C) The inspection must cover:
(i) Hazardous material handling
and storage;
(ii) Machinery and equipment
used by the agency service provider;
(iii) Safety equipment;
(iv) Physical environment;
and
(v) Food handling, when necessary.
(D) The documented results
of the inspection, including recommended modifications or changes, and documentation
of any resulting action taken must be kept by the agency service provider for five
years.
(b) Ensure buildings and
property at each owned, leased, or rented service site has annual fire and life
safety inspections performed by the local fire authority or a Deputy State Fire
Marshal. The documented results of the inspection, including documentation of recommended
modifications or changes, and documentation of any resulting action taken must be
kept by the agency service provider for five years.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0125, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 5-2011(Temp), f. & cert. ef. 2-7-11 thru 8-1-11; SPD
14-2011, f. & cert. ef. 7-1-11; SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13;
APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14,
cert. ef. 12-28-14
411-345-0270
Vehicles and Drivers for Agency
Service Providers
For an agency service provider certified
by the Department to provide services under these rules and endorsed under the rules
in OAR 411-323:
(1) An agency service provider
that owns or operates vehicles that transports individuals must:
(a) Maintain the vehicles
in safe operating condition;
(b) Comply with the laws
of the Driver and Motor Vehicle Services Division;
(c) Maintain insurance coverage;
and
(d) Carry a first-aid kit
in the vehicles.
(2) A driver operating vehicles
to transport individuals must meet all applicable requirements of the Driver and
Motor Vehicle Services Division.
Stat. Auth.: ORS 409.050 & 430.662
Stats. Implemented: ORS 430.610,
430.662, 430.670
Hist.: MHD 7-1990(Temp),
f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997,
f. & cert. ef. 1-31-97; Renumbered from 309-047-0130, SPD 23-2003, f. 12-22-03,
cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 61-2013, f. 12-27-13,
cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14;
APD 45-2014, f. 12-26-14, cert. ef. 12-28-14

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