Oregon Revised Statutes

Or. Rev. Stat. § 441.605 (2026)

Legislative declaration of rights intended for residents

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      441.605 Legislative declaration of rights intended for residents. It is the intent of the Legislative Assembly that facilities guarantee at a minimum that each resident has the right to be:

      (1) Fully informed of all resident rights and all facility rules governing resident conduct and responsibilities.

      (2) Fully informed which services are available and of any additional charges not covered by the daily rates or by Medicare or Medicaid.

      (3) Informed by a physician of the medical condition of the resident unless medically contraindicated in the medical record, and given the opportunity to participate in planning medical treatment and to refuse experimental research.

      (4) Transferred or discharged only for medical reasons, or for the welfare of the resident or of other residents of the facility, or for nonpayment and to be given reasonable advance notice to insure orderly transfer or discharge.

      (5) Encouraged and assisted while in the facility to exercise rights as a citizen, and to voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of restraint, interference, coercion, discrimination or reprisal.

      (6) Allowed either to manage personal finances or be given a quarterly report of account if the facility has been delegated in writing to carry out this responsibility.

      (7) Free from mental and physical abuse and assured that no chemical or physical restraints will be used except on order of a physician.

      (8) Assured that medical and personal records are kept confidential and unless the resident transferred, or examination of the records is required by the third party payment contractor, are not released outside the facility. However, nothing in this subsection is intended to prevent a resident from authorizing access to the resident’s medical and personal records by another person.

      (9) Treated with respect and dignity and assured complete privacy during treatment and when receiving personal care.

      (10) Assured that the resident will not be required to perform services for the facility that are not for therapeutic purposes as identified in the plan of care for the resident.

      (11) Allowed to associate and communicate privately with persons of the resident’s choice and send and receive personal mail unopened unless medically contraindicated by the attending physician in the medical record of the resident.

      (12) Allowed to participate in activities of social, religious and community groups at the discretion of the resident unless medically contraindicated.

      (13) Able to keep and use personal clothing and possessions as space permits unless to do so infringes on other residents’ rights and unless medically contraindicated and upon the resident’s request and the facility management’s consent have access to a private locker, chest or chest drawer that is provided by the resident or the facility that is large enough to accommodate jewelry and small personal property and that can be locked by the resident although both the resident and the facility management may have keys.

      (14) Provided, if married, with privacy for visits by the resident’s spouse. If both spouses are residents in the facility, they are permitted to share a room.

      (15) Not required to sign a contract or waiver that waives the resident’s right to collect payment for lost or stolen articles. [1979 c.261 §4; 1981 c.326 §1; 1987 c.397 §1]

Notes of Decisions
Cited in 3 cases, 1984–2006 · leading case: McQuary v. Bel Air Convalescent Home, Inc., 684 P.2d 21 (Or. Ct. App. 1984).
McQuary v. Bel Air Convalescent Home, Inc., 684 P.2d 21 (Or. Ct. App. 1984). · cites it 4× “ORS 441.605. 4 The Health Division is charged with protecting patients’ rights under the act, ORS 441.”
G. L. v. Kaiser Found. Hospitals, Inc., 757 P.2d 1347 (Or. 1988). “ORS 441.605(7) gives the residents of long-term care facilities the right to be free from mental and physical abuse.”
Love v. Polk Cnty. Fire Dist., 149 P.3d 199 (Or. Ct. App. 2006). “035, it was an unlawful employment practice for an employer to “discharge, demote, suspend or in any manner discriminate or retaliate against an employe” in the terms and conditions of the employee’s employment “for the reason that the employe has in good faith reported possible…”
— Or. Rev. Stat. § 441.605(4) — 1 case
McQuary v. Bel Air Convalescent Home, Inc., 684 P.2d 21 (Or. Ct. App. 1984). “ORS 441.605. 4 The Health Division is charged with protecting patients’ rights under the act, ORS 441.”
— Or. Rev. Stat. § 441.605(7) — 3 cases
G. L. v. Kaiser Found. Hospitals, Inc., 757 P.2d 1347 (Or. 1988). “ORS 441.605(7) gives the residents of long-term care facilities the right to be free from mental and physical abuse.”
McQuary v. Bel Air Convalescent Home, Inc., 684 P.2d 21 (Or. Ct. App. 1984). “ORS 441.605. 4 The Health Division is charged with protecting patients’ rights under the act, ORS 441.”
Love v. Polk Cnty. Fire Dist., 149 P.3d 199 (Or. Ct. App. 2006). “035, it was an unlawful employment practice for an employer to “discharge, demote, suspend or in any manner discriminate or retaliate against an employe” in the terms and conditions of the employee’s employment “for the reason that the employe has in good faith reported possible…”
— Or. Rev. Stat. § 441.605(9) — 1 case
McQuary v. Bel Air Convalescent Home, Inc., 684 P.2d 21 (Or. Ct. App. 1984). “ORS 441.605. 4 The Health Division is charged with protecting patients’ rights under the act, ORS 441.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.