OAR 411-004-0040: 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, 2020. Individual program rules may require compliance to this rule earlier than June 30, 2020. (1) When the condition under OAR 411-004-0020(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(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 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) For restraints, there is a physician or other qualified practitioner order for the use of restraint. Individual licensing authorities may adopt stricter criteria regarding the use of restraints. (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. (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.