Senior and Disability Services

ORS 410.598
Training and testing for home care workers and personal support workers

  • rules


(1)

The Department of Human Services, acting on behalf of and subject to the approval of the Home Care Commission, shall adopt by rule minimum training standards for home care workers and personal support workers and shall establish procedures for testing home care workers and personal support workers on their mastery of the skills and knowledge to be acquired through the training.

(2)

The department shall provide training on the mandatory training topics established under this subsection and on any other training that the department or the commission deems appropriate for the professionalization of home care workers and personal support workers. The training provided pursuant to this section may include, but is not limited to, training on the following topics:

(a)

Safety and emergency measures.

(b)

Understanding the requirements for providers paid with Medicaid funds.

(c)

Providing person-centered care.

(d)

Understanding how to support the physical and emotional needs of the individual who is receiving care.

(e)

Managing medications.

(f)

Providing personal care and assistance with activities of daily living.

(3)

The training provided in accordance with this section must be geographically accessible in all areas of this state and culturally appropriate for workers of all language abilities.

(4)

In developing the training provided under this section, the department shall:

(a)

Consider the needs of each worker type, including workers who are relatives of the individuals receiving care, workers who provide respite care, experienced workers and new workers; and

(b)

Strive to align the training with the training requirements for care providers in other long term care settings.

(5)

The department shall consult with the Developmental Disabilities and Mental Health Committee, unions representing home care workers and personal support workers and other stakeholders in the adoption of rules to carry out the provisions of this section. [2018 c.75 §2]
Note: The amendments to 410.598 (Training and testing for home care workers and personal support workers) by section 6, chapter 680, Oregon Laws 2019, become operative January 1, 2021. See section 7, chapter 680, Oregon Laws 2019. The text that is operative on and after January 1, 2021, is set forth for the user’s convenience.
410.598 (Training and testing for home care workers and personal support workers). (1) The Department of Human Services, acting on behalf of and subject to the approval of the Home Care Commission, shall adopt by rule minimum training standards for home care workers and personal support workers and shall establish procedures for testing home care workers and personal support workers on their mastery of the skills and knowledge to be acquired through the training. The training standards must require a minimum number of hours of orientation and assessment of competency before a home care worker or personal support worker is permitted to provide home care services to a client. The minimum number of hours may be greater for home care workers who will be providing enhanced care and services, such as medication management.

(2)

The department shall provide training on the mandatory training topics established under this subsection and on any other training that the department or the commission deems appropriate for the professionalization of home care workers and personal support workers. The training provided pursuant to this section may include, but is not limited to, training on the following topics:

(a)

Safety and emergency measures.

(b)

Understanding the requirements for providers paid with Medicaid funds.

(c)

Providing person-centered care.

(d)

Understanding how to support the physical and emotional needs of the individual who is receiving care.

(e)

Managing medications.

(f)

Providing personal care and assistance with activities of daily living.

(3)

The training provided in accordance with this section must be geographically accessible in all areas of this state and culturally appropriate for workers of all language abilities.

(4)

In developing the training provided under this section, the department shall:

(a)

Consider the needs of each worker type, including workers who are relatives of the individuals receiving care, workers who provide respite care, experienced workers and new workers; and

(b)

Strive to align the training with the training requirements for care providers in other long term care settings.

(5)

The department shall consult with the Developmental Disabilities and Mental Health Committee, unions representing home care workers and personal support workers and other stakeholders in the adoption of rules to carry out the provisions of this section.
Note: Section 2, chapter 680, Oregon Laws 2019, provides:
Sec. 2. (1) The Department of Human Services shall develop recommendations for methods to assess and monitor home care services, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625), provided by home care workers, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625). The recommendations may include electronic monitoring of home care workers or on-site monitoring by case managers or services coordinators of home care workers providing care in their clients’ homes. The department shall avoid any recommendations regarding assessment and monitoring that might lead to the state being deemed the legal employer of home care workers.

(2)

No later than February 1, 2021, the department shall report its recommendations to the Legislative Assembly in the manner provided in ORS 192.245 (Form of report to legislature). [2019 c.680 §2]
Note: Sections 3 and 33, chapter 75, Oregon Laws 2018, provide:
Sec. 3. The Home Care Commission, in cooperation with the Department of Human Services, shall maximize all sources of federal funding that is available to pay for the training described in section 2 of this 2018 Act [410.598 (Training and testing for home care workers and personal support workers)]. [2018 c.75 §3]
Sec. 33. Section 3 of this 2018 Act is repealed on December 31, 2020. [2018 c.75 §33]
Chapter 410

Notes of Decisions

Agency rules making placement of handicapped and elderly persons factor of their primary service needs and providing for different residential facilities to accommodate persons with different needs were consistent with provisions of this chapter in effect at time petitioner, who was mentally retarded, was refused placement at facility which primarily served elderly. Dempsey v. Senior Services Division, 92 Or App 163, 758 P2d 367 (1988)


Source

Last accessed
Jun. 26, 2021