OAR 411-345-0110
Individuals’ Rights and Individually-Based Limitations

(1) INDIVIDUAL RIGHTS.
(a) A provider agency must have and implement written policies and procedures protecting the individual rights described in OAR 411-318-0010 (Individual Rights) and encourage and assist individuals to understand and exercise their rights.
(b) Upon entry and request and annually thereafter, the individual rights described in OAR 411-318-0010 (Individual Rights) must be provided to an individual and their legal or designated representative.
(2) INDIVIDUALLY-BASED LIMITATIONS.
(a) A provider may not place any limitations on an individual’s right to freedom from restraint without an individually-based limitation, except in accordance with the standards for developmental disabilities services set forth in ORS 443.739 (Rights of residents), OAR chapter 411, or the relevant Title XIX Medicaid-funding authority.
(b) When an individual’s freedom from restraint may not be met due to a threat to the health and safety of the individual or others, an individually-based limitation must be authorized and documented in the individual’s ISP in accordance with OAR 411-415-0070 (Service Planning).
(c) A provider is responsible for all of the following:
(A) Maintaining a copy of the completed and signed form documenting an individual’s consent to the appropriate individually-based limitation. The form must be signed by the individual, or the individual’s legal representative, if applicable.
(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 change or removal of the individually-based limitation is needed.

Source: Rule 411-345-0110 — Individuals’ Rights and Individually-Based Limitations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-345-0110.

Last Updated

Jun. 8, 2021

Rule 411-345-0110’s source at or​.us