2017 ORS 441.416¹
Residential Ombudsman and Public Guardianship Advisory Board
  • appointment
  • confirmation
  • term
  • qualifications

(1) There is established a Residential Ombudsman and Public Guardianship Advisory Board of 11 members to be appointed in the following manner:

(a) One person appointed by the Speaker of the House of Representatives;

(b) One person appointed by the President of the Senate;

(c) One person appointed by the House Minority Leader;

(d) One person appointed by the Senate Minority Leader;

(e) One person appointed by the Governor from each list of four names submitted by organizations for seniors, organizations for persons with mental illness and the Oregon Council on Developmental Disabilities; and

(f) Four persons appointed by the Governor, two of whom must have expertise in the provision of guardianship, conservatorship and other fiduciary services for persons with inadequate resources.

(2) Members described in subsection (1)(e) and (f) of this section are subject to confirmation by the Senate under ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation).

(3) The term of office of each member is four years. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

(4) The members of the board must be residents of this state who are broadly representative, to the extent possible, of persons residing in residential facilities as defined in ORS 443.380 (Definitions for ORS 443.380 to 443.394) or long term care facilities, including members of racial and ethnic minorities, who have knowledge and interest in the problems of persons residing in residential facilities, and who are representative of all areas of this state and the demographics of groups served by the Long Term Care Ombudsman.

(5) A member of the board may not have a financial or fiduciary interest in residential facilities as defined in ORS 443.380 (Definitions for ORS 443.380 to 443.394), long term care facilities or service providers, or involvement in the licensing or certification of residential facilities, long term care facilities or service providers.

(6) The board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the board determines.

(7) A majority of the members of the board constitutes a quorum for the transaction of business. Decisions may be made by a majority of the quorum.

(8) The board shall meet at least once each month at a place, day and hour determined by the board. The board also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the board. The board shall confer each month with the Long Term Care Ombudsman. All meetings are subject to ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690).

(9) A member of the board is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions). [Formerly 441.137; 2017 c.441 §20]

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital’s employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

1 Legislative Counsel Committee, CHAPTER 441—Health Care Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors441.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.