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Committee carries over restraint and seclusion bill after technical fixes; sponsors to add medical-oversight language
Summary
Senate Bill 1113, which would change rules on restraint, seclusion and investigation of abuse and neglect, was carried over to allow a dash-3 amendment to incorporate missing technical language about chemical restraints and state-authorized medical oversight.
The Senate Committee on Human Services carried over Senate Bill 1113 to its April 8 meeting so sponsors can incorporate technical corrections and additional language requested by stakeholders.
Committee staff described SB 1113 as a broad revision of statutes governing prohibited and allowable use of restraint and involuntary seclusion. The posted amendment removes education-program provisions and refines definitions of secure-transport providers, actions constituting abuse and neglect in child-caring settings, and the department’s investigative processes; earlier draft language had also included civil-penalty provisions that were later removed.
Committee members and staff explained two technical issues that will be addressed in a forthcoming Dash 3 amendment. First, the bill must explicitly exclude from the definition of ‘‘chemical restraint’’ situations where a licensed medical professional prescribes medication within the scope of practice to treat an underlying medical condition and the medication is administered as prescribed. Staff said two sentences implementing that clarification dropped from an earlier draft and will be restored.
Second, federal Medicaid rules that require a physician or other licensed medical professional to order restraint or seclusion in Medicaid-funded psychiatric residential treatment settings need to align with Oregon’s certified-emergency-safety-intervention (CSIS) framework. Committee staff said a reference to CSIS was unintentionally omitted and will be added to ensure state-authorized monitoring and assessment personnel are included where federal rules permit state delegation.
The chair noted the policy stakes after a recent fatality related to seclusion at a state hospital and emphasized the importance of careful technical drafting. The committee will continue to refine language with input from providers and managed-care organizations; advocates including Trillium submitted technical comments that staff found helpful. SB 1113 was carried over for further amendment and may be scheduled for return or referral after the dash-3 amendments are posted.
