(1) As used in this section: (a) Facility means a facility with a memory care endorsement under ORS 443.886. (b) Independent family council means a group of residents, family members of residents or legal representatives of residents that meets privately, either in person or virtually. (c) Resident means an individual residing in a facility. (2) A resident has the right to organize and participate in resident groups in a facility, including an independent family council. (3) At the time that a resident is admitted to a facility, the facility shall provide to the resident and the residents legal representative: (a) Written notice of the residents right to organize and participate in resident groups in the facility, including an independent family council; and (b) Information about how to contact and participate in any independent family council that has already been formed at the facility. (4) When an independent family council has been formed at a facility: (a) The facility shall provide adequate space in the entry area of the facility for the independent family council to display information about the independent family council. (b) The facility shall provide space within the facility for the independent family council to meet during mutually agreed-upon times. The space must reasonably allow for privacy. (c) If requested by the independent family council, the facility shall take reasonable steps to make residents and family members and legal representatives of residents aware, in a timely manner, of upcoming meetings of the independent family council. (d) Staff and visitors may attend independent family council meetings only at the invitation of the independent family council. All visitors, including family members and legal representatives of residents, must comply with any general facility policies and procedures that apply to visitors, such as sign-in and sign-out policies and nondiscrimination and anti-harassment policies. (e) The facility shall designate a staff person to be responsible for responding to, or coordinating a response to, any written requests or grievances that result from the independent family council. (f) The facility shall respond in a timely manner to any requests or grievances submitted by the independent family council concerning issues of resident care or life in the facility. The facility is not required to implement any requests submitted by the independent family council but shall, upon request, provide a response that describes the facilitys rationale for its decision. (5) An independent family council may not override the rights of a resident. (6) A facility may not: (a) Discriminate or retaliate against a resident based on the participation of the resident or the residents family member or legal representative in an independent family council. (b) Willfully interfere with the formation, maintenance or promotion of an independent family council. Note: 443.890 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. MISCELLANEOUS
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