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Nursing Manual
Rights of Individuals
with Developmental Disabilities
The nurse shall be familiar with, and honor, the individual's Bill of Rights
described in the following administrative rules:
MHDDSD 24-hour Residential Rule
MHDDSD Employment and Alternatives to Employment Rule
MHDDSD Supported Living Rule
MHDDSD Adult Foster Home Rule
MHDDSD Semi-independent Living Rule
For complaints concerning violation
of the individual's rights, the nurse has a responsibility to immediately
report the issue to the program's director and the county case manager (as
called for in the above administrative rules).
Mandatory Reporting of Abuse
Oregon law requires that suspected
or actual abuse of individuals with developmental disabilities be reported.
Nurses are "mandatory reporters." This means that a nurse who comes
in contact with, or has reasonable cause to believe that an individual has
suffered abuse must report it to the protective services unit or the county
or local law enforcement agency. The nurse shall be familiar with the definitions
of abuse, and requirements of mandatory abuse. Abuse of adults with developmental
disabilities is defined as:
- Any death caused by other than
accidental or natural causes or under unusual circumstances.
- Any physical injury caused by
other than accidental means, or that appears to be at variance with the
explanation given of the injury.
- Willful infliction of physical
pain or injury.
- Sexual harassment or exploitation.
- Failure to act or neglect that
causes or has significant potential to cause physical injury, through negligent
omission, treatment, or maltreatment of a person, including but not limited
to the failure by a service provider or staff to provide adequate food,
clothing, shelter, medical care, supervision, or through condoning or permitting
abuse by another person.
- Verbal mistreatment by subjecting
a person to the use of derogatory names, phrases, profanity, ridicule,
harassment, coercion or intimidation and threatening injury or withholding
of services or supports, including implied or direct threat of termination
of services.
- Placing restrictions on an individual's
freedom of movement by seclusion in a locked room under any condition,
restriction to an area of the residence or from access to ordinarily accessible
areas of the residence, unless agreed upon in the ISP.
- Using restraints without written
physician's order, or unless an individual's actions present an imminent
danger to himself/herself or others, and in such circumstances until other
appropriate action is taken by medical, emergency or police personnel or
unless arranged for and agreed to on the ISP.
- Financial exploitation. Inappropriately
expending an individual's personal funds or commingling a person's funds
with program and/or another individual's funds.
If you believe abuse of any child
has occurred you are a mandatory
reporter and you must call your local DHS
Child Welfare Office or law enforcement agency.
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