OAR 309-035-0195
Individually-Based Limitations
(1)
When the program qualities described below create a threat to the health and safety of an individual or others, a provider may seek to apply an individually-based limitation through the process described in this rule. The program qualities subject to a potential individually-based limitation include the individual’s right to:(a)
The freedom and support to access food at any time;(b)
Have visitors of the individual’s choosing at any time;(c)
Have a unit entrance door that is lockable by the individual with only appropriate staff having access;(d)
Choose a roommate when sharing a unit;(e)
Furnish and decorate the individual’s unit as agreed to in the Residency Agreement;(f)
The freedom and support to control the individual’s schedule and activities; and(g)
Privacy in the individual’s unit.(2)
A provider may apply an individually-based limitation only if:(a)
The program quality threatens the health or safety of the individual or others;(b)
The individually-based limitation is supported by a specific assessed need;(c)
The individual or representative consents;(d)
The limitation is directly proportionate to the specific assessed need; and(e)
The individually-based limitation will not cause harm to the individual.(3)
The provider shall demonstrate and document that the individually-based limitation meets the requirements of section (2) of this rule and the measures described below in the person-centered service plan. The provider shall submit and sign a program-created form that includes the following:(a)
The specific and individualized assessed need justifying the individually-based limitation;(b)
The positive interventions and supports used prior to consideration of any individually-based limitation;(c)
Documentation that the provider or other entities have tried other less intrusive methods, but those methods did not work;(d)
A clear description of the limitation that is directly proportionate to the specific assessed need;(e)
Regular collection and review of data to measure the ongoing effectiveness of the individually-based limitation;(f)
Established time limits for periodic reviews of the individually-based limitation to determine if the limitation should be terminated or remains necessary;(g)
The informed consent of the individual or representative including any discrepancy between the wishes of the individual and the consent of the legal representative; and(h)
An assurance that the interventions and support do not cause harm to the individual.(4)
The provider shall:(a)
Maintain a copy of the completed and signed form documenting the consent to the individually-based limitation described in section (4) of this rule. The form shall be signed by the individual or representative;(b)
Regularly collect and review the ongoing effectiveness of and the continued need for the individually-based limitation; and(c)
Request review of the individually-based limitation by the person-centered service plan coordinator when a new individually-based limitation is indicated or change or removal of an individually-based limitation is needed but no less than annually.(5)
The qualities described in section (2)(b)-(g) do not apply to an individual receiving services at a SRTF, including but not limited to, an individual receiving crisis-respite services in a secure residential setting. A provider does not need to seek an individually-based limitation to comply with these rules.(6)
The qualities described in sections (2)(d) and (g) do not apply to an individual receiving crisis-respite services, and a provider does not need to seek an individually-based limitation to comply with these rules.
Source:
Rule 309-035-0195 — Individually-Based Limitations, https://secure.sos.state.or.us/oard/view.action?ruleNumber=309-035-0195.