Or. Admin. Code § 411-323-0060 - Policies and Procedures
(1)
HEALTH. An agency must have and implement policies and procedures that maintain
and protect the health of individuals.
(2) INDIVIDUAL AND FAMILY INVOLVEMENT. An
agency must have and implement a written policy that addresses opportunities
for all of the following:
(a) Participation of
individuals in decisions regarding the agency's operations.
(b) Interaction of families, guardians, legal
and designated representatives, and significant others with
individuals.
(c) For individuals,
families, guardians, legal and designated representatives, and significant
others:
(A) Participation on the board of
directors or on committees; or
(B)
Review of the agency's policies directly affecting the individuals receiving
services from the agency.
(3) CONFIDENTIALITY OF RECORDS. An agency
must have and implement written policies and procedures that ensure all records
for individuals are kept confidential except as otherwise provided by
applicable state and federal rule or laws.
(a)
For the purpose of disclosure from individual medical records under this rule,
an agency is considered a "public provider" as defined in ORS
179.505.
(b) Access to records by the Department does
not require authorization by an individual or their legal or designated
representative or family.
(c) For
the purpose of disclosure of non-medical individual records, all or portions of
the information contained in the non-medical individual records may be exempt
from public inspection under the personal privacy information exemption to the
public records law set forth in ORS
192.355.
(4) PROFESSIONAL BEHAVIOR SERVICES. An agency
with an endorsement to deliver professional behavior services must have and
implement written policies and procedures to assure professional behavior
services are delivered by a qualified behavior professional in accordance with
OAR chapter 411, division 304.
(5)
BEHAVIOR SUPPORTS. An agency must have and implement written policies and
procedures for the delivery of behavior supports that prohibits abusive
practices and assures behavior supports are consistent with positive behavior
theory and practice.
(a) The agency must
inform each individual, and as applicable their legal or designated
representative, of the behavior support policies and procedures at the time of
entry and as changes occur.
(b) A
decision to alter an individual's behavior must be made by the individual or
their legal or designated representative.
(6) EMERGENCY PHYSICAL RESTRAINT. An agency
must have and implement written policies and procedures to assure that the use
of any emergency physical restraint is reviewed by an agency's executive
director, or as applicable their designee, within two hours of the emergency
physical restraint.
(7) DIRECT
NURSING SERVICES. An agency with an endorsement to deliver direct nursing
services must have and implement written policies and procedures to assure
direct nursing services are delivered by a qualified registered or licensed
professional nurse in accordance with OAR chapter 411, division 380.
(8) HANDLING AND MANAGING INDIVIDUALS' MONEY.
An agency must have and implement written policies and procedures for the
handling and management of money for the individuals. Such policies and
procedures must provide for all of the following:
(a) Financial planning and management of the
funds for an individual.
(b)
Safeguarding the funds for an individual.
(c) Individuals receiving and spending their
own money.
(d) Taking into account
the interests and preferences of the individual.
(e) Reimbursement for money or property that
are missing due to the theft or mismanagement on the part of any staff or
volunteers of the agency, or of any funds within the custody of the agency that
are missing due to theft or mismanagement. Reimbursement must be made to the
individual within 10 business days from the verification that funds are
missing.
(9) COMPLAINTS.
An agency must have and implement written policies and procedures for
individual complaints in accordance with OAR
411-318-0015.
(a) Complaints by or on behalf of individuals
must be addressed in accordance with OAR
411-318-0015.
(b) Upon an individual's entry and request
and annually thereafter, the policy and procedures for complaints must be
explained and provided to an individual and their legal or designated
representative (as applicable).
(10) INDIVIDUAL RIGHTS. An agency must have
and implement written policies and procedures that individual's rights
described in OAR 411-318-0010 are protected and
able to be exercised.
(11) AGENCY
DOCUMENTATION REQUIREMENTS. An agency must have and implement policies and
procedures that address agency documentation requirements. Documentation must
be:
(a) Prepared at the time or immediately
following the event being recorded.
(b) Accurate and contain no willful
falsifications.
(c) Legible, dated,
and signed by the person making the entry.
(d) Maintained for no less than seven
years.
(12) An agency
must have and implement policies and procedures to describe who, by role, may
enter into agreements to deliver program services to an individual as required
by OAR 411-323-0065(4).
(13) An agency must have and implement
policies and procedures to address the temporary unavailability of an executive
director.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & SB 1548 (2022 OR Law, Ch. 91)
Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.215, 430.610, 430.662 & SB 1548 (2022 OR Law, Ch. 91)
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