Or. Admin. Code § 411-068-0000 - Definitions Relating to Room and Board Facilities
(1) "Abuse" means "abuse" as defined in OAR
411-020-0002 (Adult Protective
Services).
(a) PHYSICAL ABUSE.
(A) Physical abuse includes:
(i) The use of physical force that may result
in bodily injury, physical pain, or impairment; or
(ii) Any physical injury to an adult caused
by other than accidental means.
(B) For purposes of these rules, conduct that
may be considered physical abuse includes, but is not limited to:
(i) Acts of violence, such as, striking (with
or without an object), hitting, beating, punching, shoving, shaking, kicking,
pinching, choking, or burning; or
(ii) The use of force-feeding or physical
punishment.
(C) Physical
abuse is presumed to cause physical injury, including pain, to adults in a coma
or adults otherwise incapable of expressing injury or pain.
(b) NEGLECT.
(A) For the purposes of these rules, neglect
means the active or passive failure to provide the basic care or services
necessary to maintain the health and safety of an adult, when that failure:
(i) Results in physical harm, significant
emotional harm, unreasonable discomfort, or serious loss of personal dignity to
the adult; or
(ii) Creates the risk
of serious harm to the adult.
(B) The expectation for care may exist
because of an assumed responsibility or a legal or contractual agreement,
including, but not limited to, where an individual has a fiduciary
responsibility to assure the continuation of necessary care or
services.
(C) An adult, who in good
faith, is voluntarily under treatment solely by spiritual means in accordance
with the tenets and practices of a recognized church or religious denomination
shall, for this reason alone, not be considered subjected to abuse by reason of
neglect as defined in these rules.
(c) ABANDONMENT. Abandonment includes
desertion or willful forsaking of an adult for any period of time by an
individual who has assumed responsibility for providing care, when that
desertion or forsaking results in harm or places the adult at risk of serious
harm.
(d) VERBAL OR EMOTIONAL
ABUSE.
(A) Verbal or emotional abuse includes
threatening significant physical harm, or threatening or causing significant
emotional harm to an adult using:
(i)
Derogatory or inappropriate names, insults, verbal assaults, profanity, or
ridicule; or
(ii) Harassment,
coercion, threats, intimidation, humiliation, mental cruelty, or inappropriate
sexual comments.
(B) For
the purposes of these rules:
(i) Conduct that
may be considered verbal or emotional abuse includes, but is not limited to,
the use of oral, written, or gestured communication that is directed to an
adult or within their hearing distance, regardless of their ability to
comprehend.
(ii) The emotional harm
that may result from verbal or emotional abuse includes, but is not limited to,
anguish, distress, fear, unreasonable emotional discomfort, loss of personal
dignity, or loss of autonomy.
(e) FINANCIAL EXPLOITATION. Financial
exploitation including:
(A) Wrongfully taking,
by means including, but not limited to, deceit, trickery, subterfuge, coercion,
harassment, duress, fraud, or undue influence, the assets, funds, property, or
medications belonging to or intended for the use of an adult;
(B) Alarming an adult by conveying a threat
to wrongfully take or appropriate money or property of the adult if the adult
reasonably believes the threat conveyed maybe carried out;
(C) Misappropriating or misusing any money
from any account held jointly or singly by an adult;
(D) Failing to use income or assets of an
adult for the benefit, support, and maintenance of the adult; or
(E) The taking, borrowing, or accepting of
assets, funds, property, or medications from an adult residing in a facility by
an employee of the facility, unless the adult and employee are related, and the
action described in this paragraph does not constitute a wrongful taking as
described in paragraph (A).
(f) SEXUAL ABUSE. Sexual abuse including:
(A) Sexual contact with a non-consenting
adult or with an adult considered incapable of consenting to a sexual act.
Consent, for purposes of this definition, means a voluntary agreement or
concurrence of wills. Mere failure to object does not, in and of itself,
constitute an expression of consent;
(B) Verbal or physical harassment of a sexual
nature, including, but not limited to severe, threatening, pervasive, or
inappropriate exposure of an adult to sexually explicit material or
language;
(C) Sexual exploitation
of an adult;
(D) Any sexual contact
between an employee of a facility and an adult residing in the facility unless
the two are spouses or domestic partners;
(E) Any sexual contact that is achieved
through force, trickery, threat, or coercion; or
(F) An act that constitutes a crime under ORS
163.375,
163.405,
163.411,
163.415,
163.425,
163.427,
163.465,
163.467, or
163.525 except for incest due to
marriage alone.
(g)
INVOLUNTARY SECLUSION. Involuntary seclusion of an adult for the convenience of
a caregiver or to discipline the adult.
(A)
Involuntary seclusion may include:
(i)
Confinement or restriction of an adult to their room or a specific area;
or
(ii) Placing restrictions on an
adult's ability to associate, interact, or communicate with other
individuals.
(B) In a
facility, emergency or short-term monitored separation from other residents may
be permitted if used for a limited period of time when:
(i) Used as part of the care plan after other
interventions have been attempted;
(ii) Used as a de-escalating intervention
until the facility evaluates the behavior and develops care plan interventions
to meet the resident's needs; or
(iii) The resident needs to be secluded from
certain areas of the facility when their presence in the specified areas poses
a risk to health or safety.
(h) WRONGFUL USE OF A PHYSICAL OR CHEMICAL
RESTRAINT OF AN ADULT.
(A) A wrongful use of a
physical or chemical restraint includes situations where:
(i) A licensed health professional has not
conducted a thorough assessment before implementing a licensed physician's
prescription for restraint;
(ii)
Less restrictive alternatives have not been evaluated before the use of the
restraint; or
(iii) The restraint
is used for convenience or discipline.
(B) Physical restraints may be permitted if
used when a resident's actions present an imminent danger to self or others and
only until immediate action is taken by medical, emergency, or police
personnel.
(2)
"Administration of Medication" means the act of placing a medication in, or on,
a tenant's body.
(3) "Aid to
Physical Functioning" means any special equipment utilized by the tenant such
as a hearing aid, cane, walker, etc., which maintains or enhances the tenant's
physical functioning.
(4)
"Applicant" means an individual, partnership, corporation, or other entity who
completes an application to own or operate a Room and Board Facility.
(5) "Application for Registration" means an
application form (APD 0926) provided by the Department to register room and
board facilities.
(6) "Assistance
with Activities of Daily Living" means those personal functional activities
required by an individual for continued well-being including, but not limited
to the following;
(a) Bathing and personal
hygiene;
(b) Dressing and
grooming;
(c) Eating;
(d) Mobility;
(e) Bowel and bladder management;
and
(f) Cognition.
(7) "Background Check" means a
criminal record check and abuse check as defined in OAR
407-007-0210. An approved
"Background Check" means a final determination, made by an authorized agency or
district that the subject individual is fit to:
(a) Hold a position, paid or
unpaid;
(b) Obtain or retain
credentials;
(c) Have direct access
to; or
(d) Otherwise provide
services necessary for the health, welfare, maintenance or protection of an
individual.
(9) "Care" means the performance of certain
tasks by an individual for the benefit of a tenant including supervision,
protection, assistance with activities of daily living, administration of
medication, nursing assistance, and management of money or other financial
resources.
(10) "Certificate of
Registration (Registration)" means a certificate issued by the Department to
applicants who have completed an application for registration and meet all
applicable requirements of ORS
443.480 to
443.500 and these
rules.
(11) "Compensation" means
payments or services provided by or on behalf of a person in exchange for other
services provided by another person.
(12) "Complaint" means an allegation of
abuse, a violation of these rules, or an expression of dissatisfaction relating
to a tenant or the condition of a Room and Board facility.
(13) " Department " means the Aging and
People with Disabilities program within the Oregon Department of Human
Services.
(14) "Facility" means a
room and board facility unless the specific context indicates
otherwise.
(15) "House Rules" means
written and posted procedures and standards for the daily operation of a room
and board facility and include any restrictions or limitations on the use of
the facility by tenants.
(16)
"Living Accommodations" means tenant facilities including a place to sleep and
common living areas.
(17) "Meals"
means the provision of food by the operator or other employee for the
consumption by tenants one or more times per day.
(18) "Operator" means an individual,
partnership, corporation, or other entity who owns or operates a room and board
facility.
(19) "Privately Arranged
Housing" means the voluntary sharing of living accommodations and common
expenses between two or more adults in a residence or apartment that does not
offer such accommodations to the general public.
(20) "Resident" is synonymous with "Tenant"
as defined in this rule.
(21)
"Residency Agreement" means an agreement or contract entered into by a tenant
and the operator which specifies the terms and conditions of residency in the
facility. The Residency Agreement identifies the policies of the home, services
to be provided, and the rights and responsibilities of the individual, and the
operator. The Residency Agreement provides the individual protection from
eviction substantially equivalent to landlord tenant laws.
(22) "Retirement Facility" means a facility
that:
(a) Is exempt from the requirement for
registration in OAR 411-068-0005; and
(b) Meets all of the following criteria:
(A) Offers to the general public for
compensation individual dwelling units that include a private bathroom and a
meal preparation and storage area;
(B) Represents itself to the public as a
retirement facility; and
(C) A
majority of the residents are 62 years of age or older.
(23) "Rights" means civil, legal
or human rights guaranteed by Federal and State law and afforded to all
persons.
(24) "Room and Board
Facility (RB)" means a facility that offers to the general public living
accommodations and meals for compensation to two or more adults who are elderly
or disabled, as defined in ORS
443.480, not related to the
operator by blood or marriage. For the purposes of these rules, a registered RB
facility does not include the following:
(a)
Any facility operated by an institution of higher education.
(b) Any private RB facility approved by an
institution of higher education which houses tenants, students or an employee
of the institution.
(c) Any private
or nonprofit retirement facility which does not fall under the generally
understood definition of an " RB facility," a "boarding house" or a "boarding
hotel" and where a majority of the tenants are retirees;
(d) Any privately arranged housing the
occupants of which may not be related by blood or marriage; and
(e) Any facility which is licensed or
registered under any other law of this state or city or county ordinance or
regulation.
(25)
"Self-administration of Medication" means the act of a resident placing a
medication in, or on, his/her own body.
(26) "Services" means living accommodations
and meals provided by the operator and non-care related tasks such as
housekeeping, laundry, transportation or recreation performed by an operator or
employee for the benefit of tenants.
(27) "Subject Individual (SI)" has the
meaning as given in OAR
407-007-0210, and means any
person 16 years of age or older, including:
(a) Any registered operator and registration
applicants;
(b) All persons
intending to work in, or currently working in an RB facility, including, but
not limited to, tenant managers, including trainees, and licensed healthcare
workers when employed by or contracted with the registrant or RB
facility.
(28) "Tenant"
means a person who is receiving living accommodations and meals in an RB
facility, for compensation who is elderly or disabled as defined in ORS
443.480, and who is not related
to the operator by blood or marriage.
(29) "Tenant Manager" means a person employed
by the operator who resides at the facility and who is responsible for the
day-to-day operation or management of the facility.
Notes
Statutory/Other Authority: ORS 410.070 & 443.485
Statutes/Other Implemented: ORS 443.480 & 443.500
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