Bill Text: OR HB2460 | 2011 | Regular Session | Engrossed
Bill Title: Relating to providers of residential treatment to individuals with alcohol or drug dependence; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2460 Detail]
Download: Oregon-2011-HB2460-Engrossed.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1361
A-Engrossed
House Bill 2460
Ordered by the House February 24
Including House Amendments dated February 24
Sponsored by Representative GELSER (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Exempts alcohol or drug treatment providers from
requirement to report elder abuse and from criminal records check
requirement. - } { + Makes criminal records check requirement
of alcohol and drug treatment providers nonmandatory. Specifies
that peer support specialist and alcohol and drug treatment
provider may request maintenance of criminal records check and
disclosure of criminal records check to authorized persons. + }
Repeals sunset on exemption of alcohol or drug treatment
providers from disqualification based on criminal conviction.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to providers of residential treatment to individuals
with alcohol or drug dependence; creating new provisions;
amending ORS 443.004; repealing section 15, chapter 93, Oregon
Laws 2010; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 443.004, as amended by sections 12 and 13,
chapter 93, Oregon Laws 2010, is amended to read:
443.004. { + (1) As used in this section:
(a) 'Adult foster home' has the meaning given that term in ORS
443.705.
(b) 'Home care worker' has the meaning given that term in ORS
410.600.
(c) 'Home health agency' has the meaning given that term in ORS
443.005.
(d) 'In-home care agency' has the meaning given that term in
ORS 443.305.
(e) 'Peer support specialist' means a person who:
(A) Is providing peer support services as defined by the Oregon
Health Authority by rule;
(B) Is under the supervision of a qualified clinical
supervisor;
(C) Has completed training required by the authority; and
(D) Is currently receiving or has formerly received mental
health services, or is in recovery from a substance use disorder
and meets the abstinence requirements for staff providing
services in alcohol or other drug treatment programs.
(f) 'Residential facility' has the meaning given that term in
ORS 443.400.
(g) 'Residential treatment facility' has the meaning given that
term in ORS 443.400.
(h) 'Residential treatment home' has the meaning given that
term in ORS 443.400. + }
{ - (1) - } { + (2) + } The Department of Human Services or
the Oregon Health Authority shall complete a criminal records
check under ORS 181.534 on:
(a) An employee of a residential facility, adult foster home,
in-home care agency or home health agency;
(b) Any individual who is paid directly or indirectly with
public funds who has or will have contact with a recipient of
home health, in-home care or support services or a resident of an
adult foster home or a residential facility; and
(c) A home care worker registering with the Home Care
Commission or renewing a registration with the Home Care
Commission.
{ + (3) Notwithstanding subsection (2) of this section, the
department or authority may complete a criminal records check
under ORS 181.534 on an employee of a residential treatment
facility or a residential treatment home that is licensed under
ORS 443.415 to provide for individuals with alcohol or drug
dependence. + }
{ - (2) - } { + (4) + } Public funds may not be used to
support, in whole or in part, the employment in any capacity
having contact with a recipient of home health, in-home care or
support services or a resident of a residential facility or an
adult foster home, of an individual who has been convicted:
(a) Of a crime described in ORS 163.095, 163.115, 163.118,
163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187,
163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266,
163.275, 163.465, 163.467, 163.535, 163.537, 163.689, 163.700,
164.055, 164.057, 164.098, 164.125 (5)(c) or (d), 164.215,
164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415, 165.022,
165.032, 165.800, 165.803, 167.012, 167.017, 167.054 or 167.057;
(b) Of a crime listed in ORS 181.594;
(c) In the last 10 years, of a crime involving the delivery or
manufacture of a controlled substance;
(d) Of an attempt, conspiracy or solicitation to commit a crime
described in paragraphs (a) to (c) of this subsection; or
(e) Of a crime in another jurisdiction that is substantially
equivalent, as defined by rule, to a crime described in
paragraphs (a) to (d) of this subsection.
{ - (3) - } { + (5) + } Subsection { - (2) - } { +
(4) + } of this section does not apply to { + :
(a) + } A peer support specialist { - . - } { + ; or
(b) An employee of a residential treatment facility or a
residential treatment home that is licensed under ORS 443.415 to
provide for individuals with alcohol or drug dependence.
(6) Upon the request of an individual described in subsection
(5) of this section, the department or authority shall maintain a
record of the results of any fitness determination made under ORS
181.534 (11) and (12). The department or authority may disclose
the record to any person authorized by the individual to receive
the information. + }
{ - (4) - } { + (7) + } If the department or authority has
a record of substantiated abuse committed by an employee or
potential employee of a home health agency, in-home care agency,
adult foster home or residential facility, regardless of whether
criminal charges were filed, the department or authority shall
notify, in writing, the employer and the employee or potential
employee.
{ - (5) As used in this section: - }
{ - (a) 'Adult foster home' has the meaning given that term
in ORS 443.705. - }
{ - (b) 'Home care worker' has the meaning given that term in
ORS 410.600. - }
{ - (c) 'Home health agency' has the meaning given that term
in ORS 443.005. - }
{ - (d) 'In-home care agency' has the meaning given that term
in ORS 443.305. - }
{ - (e) 'Peer support specialist' means a person who: - }
{ - (A) Is providing peer support services as defined by the
authority by rule; - }
{ - (B) Is under the supervision of a qualified clinical
supervisor; - }
{ - (C) Has completed training required by the authority;
and - }
{ - (D) Is currently receiving or has formerly received
mental health services, or is in recovery from a substance use
disorder and meets the abstinence requirements for staff
providing services in alcohol or other drug treatment
programs. - }
{ - (f) 'Residential facility' has the meaning given that
term in ORS 443.400. - }
SECTION 2. { + Section 15, chapter 93, Oregon Laws 2010, is
repealed. + }
SECTION 3. { + (1) If this 2011 Act does not become effective
until after July 1, 2011, section 2 of this 2011 Act (repealing
section 15, chapter 93, Oregon Laws 2010) is repealed.
(2) If this 2011 Act does not become effective until after July
1, 2011, this 2011 Act shall be operative retroactively to July
1, 2011. + }
SECTION 4. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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