Oregon Administrative Code

415-057-0090 Treatment Services (1) The program will provide to each client clinically appropriate services based on best practices for prison-based Alcohol and Other Drugs programs that facilitate desired service outcomes as identified by the individual, and family, when applica…

415-057-0100 Clinical Supervision Persons providing services to program clients in accordance with this rule will receive supervision by a qualified Clinical Supervisor, as defined in these rules, related to the development, implementation and outcome of services. (1) The objecti…

415-057-0110 Program Staff (1)(a) Program staff will at the time of hire: (b) Have documented competence in the following essential job functions in an Alcohol and Other Drugs program including: (A) Conducting comprehensive diagnostic Alcohol and Other Drugs assessment, developin…

415-057-0120 Clinical Supervisor (1) The program will have an identified clinical supervisor who has: (a) A Bachelor's degree in social services and four years of paid full-time experience in direct Alcohol and Other Drugs counseling; or (b) A Master's degree in social services a…

415-057-0130 Program Manager (1) The program will have a program manager who: (a) Oversees the day to day program operations; (b) Is responsible for compliance with the requirements of these rules; and (c) Is located at the site specific to the letter of approval or license. (2) …

415-057-0140 Use of Volunteers Volunteers may provide only non-clinical services unless the individual has the required credentials to provide a clinical service. A Program utilizing volunteers will have the following: (1) A written policy regarding volunteers that includes: (a) …

415-057-0150 Co-occurring Substance Related and Mental Health Disorders (COD) (1)(a) In addition to the general standards for prison-based Alcohol and Other Drugs treatment programs under OAR 415-057-0000 through 415-057-0140, programs approved and designated to primarily provide…

415-065-0005 Purpose, Intent and Scope (1) These rules establish a consolidated, statewide health professionals’ services program for licensees of participating health licensing boards, as required by ORS 676.190, who are unable to practice with professional skill and safety due …

415-065-0010 Definitions (1) “Assessment” or “Evaluation” means the process an independent third-party evaluator uses to diagnose the licensee and to recommend treatment options for the licensee. (2) “Authority” means the Oregon Health Authority. (3) “Board” means a health profes…

415-065-0020 Audits (1) The Division shall arrange for an independent third-party to audit the program and to ensure compliance with the program guidelines. (2) The Division shall report the results of the audit to the Legislative Assembly, the Governor, and the boards. (3) The D…

415-065-0030 Administration Fee (1) Each board that participates in the program shall pay the Division a fee for participating in the program. (2) The Division shall calculate the total fee based on all the program costs, including but not limited to, Division personnel costs and…

415-065-0035 Board Referrals (1) A board that refers a licensee to the program must make the referral in writing. The referral must include: (a) A copy of a report from an independent third-party evaluator who diagnosed the licensee with a substance use disorder, a mental disorde…

415-065-0040 Self-Referrals (1) A licensee may only self-refer to the program if the licensee’s board has adopted a rule permitting self-referrals. (2) Provisional Enrollment. To be provisionally enrolled in the program, a self-referred licensee must: (a) Sign a written consent a…

415-065-0045 Licensee Responsibilities (1) Board-referred licensees must: (a) Comply continuously with his or her monitoring agreement, including any amendments to the agreement required by the licensee’s board or the program, for at least two years or longer, as specified by the…

415-065-0050 Unique Identification Number (1) The program shall assign a unique licensee identification number to each licensee enrolled in the program: (a) If the program is operated by a contractor, the contractor and the Division shall use the same number and shall include the…

415-065-0055 Program Requirements The contractor shall: (1) Inform the licensee about the program services, requirements, benefits, risks, and confidentiality limitations and ensure that the licensee has signed a consent for services. The consent for services explains: (a) Inform…

415-065-0060 Reports of Substantial Noncompliance Unless otherwise prohibited by law, a report of substantial noncompliance to a licensee’s board must include: (1) A description of the noncompliance; (2) A copy of the report from the independent third-party evaluator who diagnose…

415-065-0070 Monitoring Agreements Each monitoring agreement developed by the program and entered into by a licensee must require the licensee to: (1) Participate in the program for at least two years or longer, as specified by board rule or order; (2) Participate in the recommen…

415-065-0075 Toxicology Testing (1) Unless a licensee is diagnosed solely with a mental disorder and an independent third-party evaluator has not recommended toxicology testing, the program must ensure that a licensee receives: (a) A baseline toxicology test within fifteen busine…

415-065-0080 Confidentiality The program may not use or disclose any information that individually identifies a licensee except in accordance with 42 CFR § Part 2 and any other applicable federal or state laws Statutory/Other Authority: ORS 413.042 & 676.190 Statutes/Other Implem…

416-001-0000 Notice Rule for Rule Making Prior to adoption, amendment, or repeal of a permanent rule, the Oregon Youth Authority (OYA) must give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin at least 21 days prior to the rule’s ef…

416-001-0005 Model Rules of Procedure Under the provisions of ORS 183.341, the Oregon Youth Authority adopts the 2024 Attorney General's Uniform and Model Rules of Procedure. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 183.335 & ORS 183.341 History: OY…

416-001-0015 Mailing List Fees (1) Any individual, organization representing more than ten individuals, or agency may request to be included on the OYA’s mailing list for notification of any proposed adoption, amendment, or repeal of any OYA rule. The subscription fee to be on th…

416-001-0020 Copies of OYA Permanent and Temporary Rules, and Fees Individuals or organizations requesting copies of the OYA's permanent or temporary rules that are not on the OYA's mailing list will be required to prepay to the agency a fee of $.50 per page in accordance with th…

416-020-0000 Purpose These rules establish procedures for the Oregon Youth Authority’s (OYA) internal grievance review and appeal system for youth in custody, in OYA’s physical or legal custody. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, 420…

416-020-0010 Definitions (1) Emergency: Any condition or situation where there is a substantial risk of imminent abuse, or threat to life, health, or safety, or where time frame considerations necessitate an immediate response or remedial action. (2) Facility: Any youth correctio…

416-020-0020 Grievance Rights (1) All youth in custody have a right to review any action or decision within OYA’s jurisdiction that affects them, and initiate a grievance, without being subjected to reprisal. (2) A youth in custody may not grieve the following: (a) Issues for whi…

416-020-0040 Grievance Review Process (1) If a youth in custody is unable to resolve an issue through informal communication, the youth in custody may seek to resolve the issue by submitting a written grievance using OYA’s approved youth in custody grievance form, in accordance w…

416-020-0045 Grievance Limits (1) Except as provided in section (2) below, a youth in custody may not submit more than two new grievances in any one week or six in any calendar month. A week is defined as Sunday through Saturday. (a) New grievances submitted in excess of two grie…

416-020-0050 Appeal to the Director (1) If the youth in custody is dissatisfied with the decision of the subsequent grievance review, the youth in custody, or representative, may request an appeal to the OYA director, or designee. (a) A request for appeal must be submitted within…

416-040-0005 Purpose These rules institute guidelines for acceptable use of electronic networks by youth in custody within OYA close-custody facilities. A youth in custody is a person in the legal and physical custody of the OYA, or a person in the legal custody of the Department…

416-040-0010 Network Access (1) Youth in custody electronic network access must be limited to educational or employment-seeking purposes, including classroom activities, job development, and community transitional activities. (2) The facility superintendent, camp director, or des…

416-040-0015 Written Authorization (1) A youth in custody must receive written authorization from an OYA manager prior to accessing an electronic network. (2) OYA staff must notify youth in custody, in writing, of general acceptable use of electronic networks and any potential co…

416-040-0020 Internet Use (1) Electronic mail (a) The facility superintendent, camp director, or designee may provide access to an electronic mail account to a youth in custody for specific educational or employment-seeking projects or activities as determined appropriate by the …

416-050-0000 Purpose (1) These rules describe the process by which the Oregon Youth Authority (OYA) may pay the cost of funeral, burial, or cremation expenses for a youth in custody who dies while in OYA legal custody. (2) These rules apply only to youth in custody who are commit…

416-050-0010 Allowable Expenses (1) All other resources for payment of these expenses, including parents or guardians, must be explored before approval is given for the OYA to make payments. (2) The maximum amount the OYA will pay for these expenses will be determined by the OYA …

416-060-0005 Purpose and Policy (1) Purpose These rules govern general media relations for the Oregon Youth Authority (OYA) including responding to information requests and granting access by Media Representatives to OYA Facilities, Substitute Care Placements staff, and Youth in …

416-060-0010 Definitions (1) Accredited News Media Organization: (a) A newspaper that qualifies as a general circulation newspaper in the community in which it is published. A newspaper is one of general circulation if it circulates among the general public and if it publishes ne…

416-060-0015 Media Identification of Youth in Custody Identifying information about Youth in Custody may be used in accordance with these rules and after all appropriate parties have given written permission. (1) Photographs (a) Identifiable photographs of Youth in Custody younge…

416-060-0020 Media Access to Facilities (1) Media requests for access Media Representatives who desire to visit a Facility must contact the OYA Communications Office. Requests to visit a Facility must be made at least 24 hours in advance of the desired appointment time. (2) Media…

416-060-0025 Media Facility Visitation Requirements (1) Media Representatives must identify themselves with a valid form of government-issued photo identification before they will be permitted to enter a Facility. (2) Media Representatives are subject to the same Facility entranc…

416-060-0030 Media Access to Youth in Custody in Facilities (1) Media Representatives who desire contact with a Youth in Custody may seek such contact by contacting the OYA Communications Office. In all cases, Youth in Custody participation is voluntary. (2) Interviews with Youth…

416-060-0035 Media Access to Youth in Custody in Substitute Care (1) Media Representatives who desire contact with a Youth in Custody may seek such contact by contacting the OYA Communications Office. In all cases, Youth in Custody participation is voluntary. (2) Interviews with …

416-060-0040 Access to Youth in Custody or OYA Facilities by Unaffiliated Persons (1) Unaffiliated Persons may be granted a tour of a Facility or program in accordance with OAR 416-420-0020 (Tours). (2) OYA may, at its sole discretion, grant Unaffiliated Persons access to Facilit…

416-070-0010 Definitions (1) Clinical Supervision: Oversight by a qualified person of mental health services and supports provided according to this rule, including ongoing evaluation and improvement of the effectiveness of those services and supports. (2) Diagnosis: A diagnosis …

416-070-0020 Initial Credentialing and Certification Process (1) The Supervising Clinical Psychologist or designee is responsible for credentialing employees hired as OYA Treatment Services Supervisors, QMHPs, and QMHAs. (2) Treatment Services Supervisors, QMHPs, and QMHAs must m…

416-070-0030 Qualified Mental Health Associate (QMHA), Qualified Mental Health Professional (QMHP) and Treatment Services Supervisor Standards (1) A person must meet the following minimum qualifications to be certified to work as a QMHA in an OYA facility: (a) Bachelor's degree i…

416-070-0040 Clinical Supervision of QMHA and QMHP Employees (1) A QMHA or QMHP must deliver services under the direct supervision of: (a) A Treatment Services Supervisor; or (b) The Supervising Clinical Psychologist; or (c) A person designated by the Supervising Clinical Psychol…

416-070-0050 QMHA, QMHP, and Treatment Services Supervisor Recertification, Certification Expiration, and Suspension (1) A practitioner who has a current Oregon clinical mental health license must maintain the license in good standing, and provide OYA with a current copy of the l…

416-070-0060 Variances (1) The Supervising Clinical Psychologist may grant a variance to the criteria used to determine the certification status of a QMHA, QMHP, Treatment Services Supervisor if the Supervising Clinical Psychologist documents the reason for the variance and the p…