In addition to the following definitions, OAR
411-317-0000 includes general
definitions for words and terms frequently used in OAR chapter 411, division
325. If a word or term is defined differently in OAR
411-317-0000, the definition in
this rule applies.
(1) "24-Hour
Residential Program" means the distinct method for the delivery of home and
community-based services in a 24-hour residential setting by a provider
certified and endorsed according to the rules in OAR chapter 411, division
323.
(2) "24-Hour Residential
Setting" means a residential home, apartment, or duplex, licensed by the
Department under ORS 443.410, where home and
community-based services are provided to individuals with intellectual or
developmental disabilities. A 24-hour residential setting is considered a
provider owned, controlled, or operated residential setting.
(3) "Apartment" means "24-hour residential
setting" as defined in this rule.
(4) "Applicant" means a person, agency,
corporation, or governmental unit, who applies for a license to deliver home
and community-based services in a 24-hour residential setting.
(5) "CDDP" means "Community Developmental
Disabilities Program".
(6)
"Certificate" means the document issued by the Department to a provider that
certifies the provider is eligible under the rules in OAR chapter 411, division
323 to receive state funds for the delivery of services through an endorsed
24-hour residential setting.
(7)
"Denial" means the refusal of the Department to issue a certificate,
endorsement, or license to operate a 24-hour residential program or 24-hour
residential setting because the Department has determined the provider or the
home is not in compliance with these rules or the rules in OAR chapter 411,
division 323.
(8) "Duplex" means
"24-hour residential setting" as defined in this rule.
(9) "Educational Surrogate" means the person
who acts in place of the parent of a child in safeguarding the rights of the
child in the public education decision-making process:
(a) When the parent of the child cannot be
identified or located after reasonable efforts.
(b) When there is reasonable cause to believe
the child has a disability and is a ward of the state.
(c) At the request of the parent of the child
or young adult student.
(10) "Endorsement" means the authorization to
deliver services in a 24-hour residential setting. An endorsement is issued by
the Department to a certified provider that has met the qualification criteria
outlined in these rules and the rules in OAR chapter 411, division
323.
(11) "Executive Director"
means the person designated by a board of directors or corporate owner
responsible for the operation of a 24-hour residential program and the delivery
of services in a 24-hour residential setting.
(12) "Home" means "24-hour residential
setting" as defined in this rule.
(13) "Involuntary Seclusion of a Child" means
the confinement of a child alone in a room or an enclosed space from which the
child is prevented from leaving by any means. Involuntary seclusion of a child
does not include age-appropriate time-out if the time-out is in a setting from
which the child is not prevented from leaving by any means.
(14) "ISP" means "Individual Support
Plan".
(15) "License" means a
document granted by the Department to an applicant who is in compliance with
the requirements of these rules and the rules in OAR chapter 411, division
323.
(16) "Licensee" means the
person or organization to whom a certificate, endorsement, and license is
granted.
(17) "Modified Diet" means
the texture or consistency of food or drink is altered or limited, such as no
hard foods, thickened fluids, mechanical soft, finely chopped, pureed, or bread
only soaked in milk.
(18) "Nursing
Services" means the provision of individual-specific advice, plans, or
interventions by a nurse at a home based on the nursing process as outlined by
the Oregon State Board of Nursing. Nursing services differ from administrative
nursing services.
(19) "OCCS" means
the "Office of Client and Community Services".
(20) "ODDS" means the Oregon Department of
Human Services, Office of Developmental Disabilities Services.
(21) "Oregon Core Competencies" means:
(a) The list of skills and knowledge required
for newly hired staff in the areas of health, safety, rights, values and
personal regard, and the mission of the provider.
(b) The associated timelines in which newly
hired staff must demonstrate the competencies.
(22) "OSIPM" means "Oregon Supplemental
Income Program-Medical".
(23)
"Program Supervisor" is a trained program provider staff member who is
designated by the Executive Director, or the Executive Director's designee, to
authorize the ongoing application of the restraint of a child according to OAR
411-325-0355.
(24) "Prone Restraint" means a restraint in
which an individual is held face down on the floor or other surface.
(25) "Reportable Injury" means any type of
injury to a child from the use of a restraint including, but not limited to, a
rug burn, fracture, sprain, bruising, pain, soft tissue injury, puncture,
scratch, concussion, abrasion, dizziness, loss of consciousness, loss of
vision, visual disturbance, or death.
(26) "Restraint" means the physical
restriction of an individual's actions or movements by holding the individual,
using pressure, or other means.
(27) "Revocation" means the action taken by
the Department to rescind a certificate, endorsement, or license to operate a
24-hour residential program or 24-hour residential setting after the Department
determines a provider or home is not in compliance with one or more of these
rules or the rules in OAR chapter 411, division 323.
(28) "Serious Bodily Injury" means any
significant impairment of the physical condition of a child or others, as
determined by qualified medical personnel, whether self-inflicted or inflicted
by someone else.
(29) "Special
Diets" means the specially prepared food or particular types of food specific
to the medical condition or diagnosis of an individual and in support of an
evidence-based treatment regimen. Examples of special diets include, but are
not limited to, low calorie, high fiber, diabetic, low salt, lactose free, or
low-fat diets. Special diets do not include a diet where extra or additional
food is offered without the order of a physician but may not be eaten, such as
offering prunes each morning at breakfast or including fresh fruit with each
meal.
(30) "Supine Restraint" means
a restraint in which an individual is held face up on the floor or other
surface.
(31) "Suspension" means an
immediate temporary withdrawal of the approval to operate a 24-hour residential
program or 24-hour residential setting after the Department determines a
provider or home is not in compliance with one or more of these rules or the
rules in OAR chapter 411, division 323.
(32) "These Rules" mean the rules in OAR
chapter 411, division 325.
Notes
Or. Admin. Code §
411-325-0020
SPD
25-2003, f. 12-29-03, cert. ef. 1-1-04; SPD 25-2004, f. 7-30-04, cert. ef.
8-1-04; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD
5-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 19-2011(Temp), f. & cert. ef.
7-1-11 thru 12-28-11; Reverted to SPD 5-2010, f. 6-29-10, cert. ef. 7-1-10 ;
SPD 1-2012, f. & cert. ef. 1-6-12; SPD 23-2013(Temp), f. & cert. ef.
7-1-13 thru 12-28-13; SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13; APD
24-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14;
APD
42-2014, f. 12-26-14, cert. ef.
12/28/2014; APD 34-2015(Temp), f. 12-31-15,
cert. ef. 1-1-16 thru 6-28-16;
APD
24-2016, f. & cert. ef.
6/29/2016; APD 32-2016(Temp), f.
8-30-16, cert. ef. 9-1-16 thru 2-27-17;
APD
5-2017, f. 2-21-17, cert. ef.
2/28/2017;
APD
13-2019, amend filed 02/14/2019, effective
2/15/2019; APD 46-2021, temporary
amend filed 10/19/2021, effective 10/20/2021 through 04/17/2022;
APD
19-2022, amend filed 04/13/2022, effective
4/15/2022;
APD
15-2023, temporary amend filed 08/29/2023, effective
9/1/2023 through 2/27/2024;
APD
7-2024, amend filed 02/26/2024, effective
2/26/2024
Statutory/Other Authority: ORS
409.050,
427.104,
441.715,
430.662,
443.450 &
443.455
Statutes/Other Implemented: ORS
409.010,
418.519-418.529,
427.007,
427.104,
430.215,
430.610,
430.662,
441.705-441.720,
441.740,
441.745,
443.384,
443.392,
443.400-443.445,
443.450,
443.455,
443.880,
443.881 &
443.991