This rule will begin being implemented January 1, 2017. The
requirements in this rule must be in place no later than June 30, 2020.
Individual program rules may require compliance to this rule earlier than June
When the condition under
(1)(d) may not be met due to a threat to the health and safety
of an individual or others, an individually-based limitation process, as
described in this rule, must apply in any residential or non-residential
When a condition under
(2)(d) to (2)(j) may not be met due to a threat to the health
and safety of an individual or others in a provider owned, controlled, or
operated residential setting, an individually-based limitation process, as
described in this rule, must apply.
An individually-based limitation must be
supported by a specific assessed need and documented in the person-centered
service plan by completing and signing a program approved form documenting the
consent to the appropriate individually-based limitation. The form identifies
and documents, at minimum, all of the following requirements:
(a) The specific and individualized assessed
need justifying the individually-based limitation.
(b) The positive interventions and supports
used prior to any individually-based limitation.
(c) Less intrusive methods that have been
tried but did not work.
(d) A clear
description of the limitation that is directly proportionate to the specific
collection and review of data to measure the ongoing effectiveness of the
Established time limits for periodic reviews of the individually-based
limitation to determine if the limitation should be terminated or remains
necessary. The individually-based limitation must be reviewed at least
(g) The informed consent
of the individual or, as applicable, the legal representative of the
individual, including any discrepancy between the wishes of the individual and
the consent of the legal representative.
(h) An assurance that the interventions and
support do not cause harm to the individual.
(i) For restraints, there is a physician or
other qualified practitioner order for the use of restraint. Individual
licensing authorities may adopt stricter criteria regarding the use of
are responsible for:
(a) Maintaining a copy of
the completed and signed form documenting the consent to the appropriate
limitation. The form must be signed by the individual, or, if applicable, the
legal representative of the individual.
(b) Regular collection and review of data to
measure the ongoing effectiveness of and the continued need for the
Requesting a review of the individually-based limitation when a new
individually-based limitation is indicated, or change or removal of an
individually-based limitation is needed.
Or. Admin. R.
23-2015,f. 12-15-15, cert. ef.
45-2016, f. 12-22-16, cert. ef.
15-2017, f. 6-26-17, cert. ef.
28-2018, amend filed 07/31/2018, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS