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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 228
Sponsored by Senators MANNING JR, PATTERSON, Representative SMITH G; Senator GELSER BLOUIN, Rep-
resentatives GOMBERG, HUDSON, LIVELY, NOSSE (at the request of Jewel Nelson, Judith Smith) (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 as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act creates a right to form family councils at certain long term care facilities.
(Flesch Readability Score:67.5).
Establishes the right of a resident of a residential care facility to the formation of a family
council. Prohibits a residential care facility from willfully interfering with the formation, mainte-
nance or promotion of a family council or discriminating or retaliating against a resident based on
a family member’s or representative’s participation in a family council.
Imposes civil penalties, not to exceed $500 per day of violation.
A BILL FOR AN ACT
Relating to family councils in residential care facilities.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section:
(a) “Facility” means a residential care facility, as defined in ORS 443.400, including a
residential care facility with a memory care endorsement under ORS 443.886.
(b) “Family council” means a group of family members or representatives of two or more
residents that meets in private without facility staff.
(2) A resident of a facility has a right to the formation of a family council. If a family
council is formed, the facility shall:
(a) Provide the family council with a private meeting space;
(b) If requested by the family council, take reasonable steps to make family members and
representatives of residents aware of upcoming meetings in a timely manner;
(c) Allow family members and representatives of former residents to attend family
council meetings if invited by the family council;
(d) Provide a designated staff person who is approved by the family council and the fa-
cility and is responsible for providing assistance to the family council;
(e) Respond in writing within 14 business days to any written requests, concerns or rec-
ommendations submitted by the family council;
(f) Provide family members and representatives of newly admitted residents with the
contact information for the family council and the Long Term Care Ombudsman; and
(g) Provide adequate, accessible counter or bulletin board space in the facility to display
flyers, newsletters or other notices regarding the family council and the Long Term Care
Ombudsman.
(3) A facility may not:
(a) Willfully interfere with the formation, maintenance or promotion of a family council;
or
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1632 SB228
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(b) Discriminate or retaliate against a resident based on the participation of the
resident’s family member or representative in a family council.
(4) The Director of Human Services may impose a civil penalty for violation of the pro-
visions of this section, not to exceed $500 per day of violation. A facility shall be deemed to
have corrected the violation on the date that the facility submits documentation of the cor-
rection, subject to verification by the director. Civil penalties imposed under this section
shall be imposed in the manner provided by ORS 183.745.
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