Or. Admin. R. 411-325-0020

Current through Register Vol. 63, No. 9, September 1, 2024

Section 411-325-0020 - Definitions and Acronyms

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.

Or. Admin. R. 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