Or. Admin. R. 309-040-0393 - Individually-Based Limitations

This rule becomes effective on July 1, 2016, and enforceable according to OAR 309-040-0315(7).

(1) When the home-like qualities described below create a threat to the health and safety of an individual or others, a provider may seek to apply individually-based limitation through the process described in this rule. A provider may not otherwise limit the following home-like qualities without a valid individually-based limitation:
(a) The freedom and support to access food at any time;
(b) Have visitors of the individual's choosing at any time;
(c) Have a unit entrance door that is lockable by the individual with only appropriate program staff having access;
(d) Choose a roommate when sharing a unit;
(e) Furnish and decorate the individual's unit as agreed to in the Residency Agreement;
(f) The freedom and support to control the individual's schedule and activities; and
(g) Privacy in the individual's unit.
(2) Minimum Requirements for Applying Individually-Based Limitation: A provider may only apply an individually-based limitation if:
(a) The quality threatens the health or safety of the individual or others;
(b) The individually-based limitation is supported by a specific assessed need;
(d) The individual consents;
(e) The limitation is directly proportionate to the specific assessed need; and
(f) The individually-based limitation will not cause harm to the individual.
(3) The provider shall demonstrate and document that the individually-based limitation meets the requirements of section (2) of this rule and that the conditions described below exist in the person-centered service plan. The provider shall submit and sign a provider-created form that includes the following:
(a) The specific and individualized assessed need justifying the individually-based limitation;
(b) The positive interventions and supports used prior to consideration of any individually-based limitation;
(c) Documentation that the provider or other entities have tried other less intrusive methods but did not work;
(d) A clear description of the limitation that is directly proportionate to the specific assessed need;
(e) Regular collection and review of data to measure the ongoing effectiveness of the individually-based limitation;
(f) Established time limits for periodic reviews of the individually-based limitation to determine if the limitation should be terminated or remains necessary;
(g) The informed consent of the individual, including any discrepancy between the wishes of the individual and the consent of the legal representative; and
(h) An assurance that the interventions and support do not cause harm to the individual.
(4) The provider shall:
(a) Maintain a copy of the completed and signed form documenting the consent to the individually-based limitation described in section (3) of this rule. The form shall be signed by the individual.
(b) Regularly collect and review the ongoing effectiveness of and the continued need for the individually-based limitation; and
(c) Request review of the individually-based limitation by the person-centered service plan coordinator when a new individually-based limitation is indicated, or change or removal of an individually-based limitation is needed, but no less than annually.
(5) The qualities and obligations described in sections (1)(b)-(g) do not apply to an individual receiving crisis-respite services, and a provider is not required to seek an individually-based limitation for such an individual to comply with these rules.


Or. Admin. R. 309-040-0393
MHS 9-2017, f. 6-29-17, cert. ef. 7/1/2017

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 443.705 - 443.825

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