OAR 411-054-0038
Individually-Based Limitations

This rule will begin being implemented January 1, 2017. The requirements in this rule must be in place no later than June 30, 2019.
(1) When the condition under OAR 411-004-0020 (Home and Community-Based Services and Settings)(1)(d) may not be met due to a threat to the health and safety of an individual or others, an individually-based limitation process, as described in this rule, must apply in any residential or non-residential setting.
(2) When a condition under OAR 411-004-0020 (Home and Community-Based Services and Settings)(2)(d) to (2)(j) may not be met due to a threat to the health and safety of an individual or others, in a provider owned, controlled, or operated residential setting, an individually-based limitation process, as described in this rule, must apply.
(3) An individually-based limitation must be supported by a specific assessed need and documented in the person-centered service plan by completing and signing a program approved form documenting the consent to the appropriate individually-based limitation. The form identifies and documents, at a minimum, all of the following requirements:
(a) The specific and individualized assessed need justifying the individually-based limitation.
(b) The positive interventions and supports used prior to any individually-based limitation.
(c) Less intrusive methods that have been tried but 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. The individually-based limitation must be reviewed at least annually.
(g) The informed consent of the individual or, as applicable, the legal representative of the individual, including any discrepancy between the wishes of the individual and the consent of the legal representative.
(h) An assurance that the interventions and support do not cause harm to the individual.
(i) If using a restraint, a facility must meet the requirements of OAR 411-054-0060 (Restraints and Supportive Devices).
(4) Providers are responsible for:
(a) Maintaining a copy of the completed and signed form documenting the consent to the appropriate limitation. The form must be signed by the individual, or, if applicable, the legal representative of the individual prior to the implementation being implemented.
(b) Regular collection and review of data to measure the ongoing effectiveness of and the continued need for the individually-based limitation.
(c) Requesting a review of the individually-based limitation when a new individually-based limitation is indicated, or change or removal of an individually-based limitation is needed.

Source: Rule 411-054-0038 — Individually-Based Limitations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-054-0038.

411‑054‑0000
Purpose 411‑054‑0005
Definitions 411‑054‑0010
Licensing Standard 411‑054‑0012
Requirements for New Construction or Initial Licensure 411‑054‑0013
Application for Initial Licensure and License Renewal 411‑054‑0016
New Applicant Qualifications 411‑054‑0019
Change of Ownership or Management 411‑054‑0025
Facility Administration 411‑054‑0026
Notice to Potential Residents 411‑054‑0027
Resident Rights and Protections 411‑054‑0028
Abuse Reporting and Investigation 411‑054‑0030
Resident Services 411‑054‑0034
Resident Move-In and Evaluation 411‑054‑0036
Service Plan — General 411‑054‑0038
Individually-Based Limitations 411‑054‑0040
Change of Condition and Monitoring 411‑054‑0045
Resident Health Services 411‑054‑0050
Infection Prevention and Control 411‑054‑0055
Medications and Treatments 411‑054‑0060
Restraints and Supportive Devices 411‑054‑0065
Administrator Qualifications and Requirements 411‑054‑0070
Staffing Requirements and Training 411‑054‑0080
Involuntary Move-out Criteria 411‑054‑0085
Refunds and Financial Management 411‑054‑0090
Fire and Life Safety 411‑054‑0093
Emergency and Disaster Planning 411‑054‑0100
Exceptions and Waivers 411‑054‑0105
Inspections and Investigations 411‑054‑0106
Regulatory Framework 411‑054‑0110
Conditions 411‑054‑0120
Civil Penalties 411‑054‑0130
Non-Renewal, Denial, Suspension or Revocation of License 411‑054‑0133
Temporary Manager 411‑054‑0135
Criminal Penalties 411‑054‑0140
Additional Authority 411‑054‑0200
Residential Care Facility Building Requirements 411‑054‑0300
Assisted Living Facility Building Requirements 411‑054‑0320
Quality Measurement Program and Council
Last Updated

Jun. 8, 2021

Rule 411-054-0038’s source at or​.us