2013 ORS § 441.131¹
Appointment of designees
  • qualifications
  • duties

(1) The appointments of designees shall be made in consultation with a local screening committee that may consist of but not be limited to persons representing:

(a) The area agency on aging.

(b) The local office of the Department of Human Services.

(c) The local health department.

(d) Senior citizens groups in the area.

(e) Residential facilities in the area.

(f) Local elected officials.

(g) The community mental health program director or local mental health authority.

(h) The community developmental disabilities program director.

(i) Representatives from the Oregon Health Authority.

(2) To be appointed as a designee, a person must complete six days of initial training and attend quarterly training sessions that are approved by the Long Term Care Ombudsman and that shall be coordinated and funded by the Department of Human Services and the Oregon Health Authority, subject to the availability of funds. Local screening committees shall be appointed by and serve at the pleasure of the ombudsman.

(3) Designees must sign a contract with the state that outlines the scope of their duties. In districts where a designee is an employee or agent of a local entity, a three-party contract shall be executed. Violation of the contract is cause for the termination of the appointment. A directory of all designees shall be maintained in the office of the Long Term Care Ombudsman.

(4) The qualifications of designees shall include experience with residential facilities or residents or potential residents of residential facilities, and the ability to communicate well, to understand laws, rules and regulations, and to be assertive, yet objective.

(5) Applicants who have experience in either social service, mental health, developmental disability services, gerontology, nursing or paralegal work shall be given preference in the appointment of designees.

(6) The contract shall include statements that the purpose of the Long Term Care Ombudsman Program is to:

(a) Promote rapport and trust between the residents and staff of the residential facilities and Long Term Care Ombudsman;

(b) Assist residents with participating more actively in determining the delivery of services at the facilities;

(c) Serve as an educational resource;

(d) Receive, resolve or relay concerns to the Long Term Care Ombudsman or the appropriate agency; and

(e) Ensure equitable resolution of problems.

(7) The duties of the designees are to:

(a) Visit each assigned residential facility on a regular basis:

(A) Upon arrival and departure, inform a specified staff member.

(B) Review, with a specified staff member, any problems or concerns that need to be considered.

(C) Visit individual residents and resident councils.

(b) Maintain liaison with appropriate agencies and the Long Term Care Ombudsman.

(c) Report, in writing, monthly to the Long Term Care Ombudsman.

(d) Keep residents and staff informed of the Long Term Care Ombudsman Program.

(e) Periodically review the patients bill of rights prescribed in ORS 441.605 (Legislative declaration of rights intended for residents), 441.610 (Nursing home patients bill of rights) and 441.612 (Additional rights) with residents, families, guardians, administrators and staff of residential facilities.

(f) Perform other related duties as specified. [1981 c.534 §10; 1985 c.153 §4; 2013 c.717 §9]

Note: The amendments to 441.131 (Appointment of designees) by section 9, chapter 717, Oregon Laws 2013, become operative July 1, 2014. See section 19, chapter 717, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the users convenience.

441.131 (Appointment of designees). (1) The appointments of designees shall be made in consultation with a local screening committee which may consist of but not be limited to persons representing:

(a) The area agency on aging.

(b) The local office of the Department of Human Services.

(c) The local health department.

(d) Senior citizens groups in the area.

(e) Long term care facilities in the area.

(f) Local elected officials.

(2) To be appointed as a designee, a person must complete six days of initial training and attend quarterly training sessions which are approved by the Long Term Care Ombudsman and which shall be coordinated and funded by the Department of Human Services subject to the availability of funds therefor. Local screening committees shall be appointed by and serve at the pleasure of the ombudsman.

(3) Designees must sign a contract with the state which outlines the scope of their duties. In districts where a designee is an employee or agent of a local entity, a three-party contract shall be executed. Violation of the contract is cause for the termination of the appointment. A directory of all designees shall be maintained in the office of the Long Term Care Ombudsman.

(4) The qualifications of designees shall include experience with long term care facilities or residents thereof or potential residents including the ability to communicate well, to understand laws, rules and regulations, and to be assertive, yet objective.

(5) Experience in either social service, gerontology, nursing or paralegal work shall be preferred.

(6) The contract shall include statements that the purpose of the Long Term Care Ombudsman Program is to:

(a) Promote rapport and trust between the residents, staff of the nursing home and nursing home ombudsman program;

(b) Assist nursing home residents with participating more actively in determining the delivery of services in long term care facilities;

(c) Serve as an educational resource;

(d) Receive, resolve or relay concerns to the Long Term Care Ombudsman or the appropriate agency; and

(e) Assure equitable resolution of problems.

(7) The duties of the designees are to:

(a) Visit each assigned long term care facility on a regular basis:

(A) Upon arrival and departure, inform a specified staff member.

(B) Review, with a specified staff member, any problems or concerns which need to be considered.

(C) Visit individual residents and resident councils.

(b) Maintain liaison with appropriate agencies and the Long Term Care Ombudsman.

(c) Report, in writing, monthly to the Long Term Care Ombudsman.

(d) Keep residents and long term care staff informed of the Long Term Care Ombudsman Program.

(e) Periodically review the Patients Bill of Rights with residents, families, guardians, administrators and staff.

(f) Perform other related duties as specified.