Oregon Administrative Code

858-030-0010 Fee Refunds Fees are nonrefundable, except that overpayment of fees or fees submitted as part of application before required will be refunded. Statutory/Other Authority: ORS 675.110 & 675.115 Statutes/Other Implemented: ORS 675.110 & 675.115 History: OBP 3-2026, adop…

858-040-0015 Basic Requirements (1) Licensees must earn at least 40 continuing education credits during the period between license renewals. Continuing education credit must be reported as follows: (a) Licensees must submit a Renewal Notice and Reporting Affidavit to the Board of…

858-040-0025 Continuing Education Reporting (1) Before a license will be renewed under ORS 675.110, a licensee must submit a Renewal Notice and Reporting Affidavit. (2) A copy of the Renewal Notice and Reporting Affidavit is available on the Board’s website. (3) Renewal Notice an…

858-040-0026 Continuing Education Random Audit (1) The Board will conduct a random audit of continuing education compliance each year. Audited licensees will be notified by letter and given 60 days to respond. Submissions must be postmarked by the stated due date to be considered…

858-040-0035 Programs Which Qualify for Continuing Education Credit Policy. Acceptable continuing education must be a learning activity which contributes directly to the professional competence of the licensee. (1) Program Prerequisites. Continuing Education programs shall qualif…

858-040-0036 Programs Which Do Not Qualify for Continuing Education Credit (1) Marketing; investments; and practice building strategies. (2) Yoga; therapeutic massage; (3) Non-Clinical administrative staff meetings; (4) Word processing computer skills; (5) Therapies which are not…

858-040-0055 Credit Hours Granted (1) Credit shall be given for actual hours attended. (2) Credit shall be given for no more than 20 hours of continuing education for home study and study group hours combined in each reporting period. This limitation is temporarily suspended for …

858-040-0065 Evidence of Completion (1) Evidence of completion must be retained by the licensee for a minimum of two years after the reporting period. (2) Responsibility for documenting the acceptability of the program and the validity of credit rests with the licensee. (3) The f…

858-040-0070 Failure to Comply (1) A Renewal Notice and Reporting Affidavit shall be deemed timely if it is postmarked by the stated due date of the reporting year. Burden of proof of mailing is on the licensee. (2) A licensee whose Renewal Notice and Reporting Affidavit is not p…

859-001-0005 Notice Prior to the adoption, amendment or repeal of any rule, the Psychiatric Security Review Board shall give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule; …

859-001-0010 Cost of Administrative Rules Copies of administrative rules are available electronically at no charge on the Secretary of State’s website: http://sos.oregon.gov/archives/pages/oregon_administrative_rules.aspx. PSRB staff can also email copies of proposed administrati…

859-010-0005 Definitions (1) "Administrative Hearing" means a meeting of the Board where a quorum is present and a matter is reviewed (e.g. an outpatient supervisor request for modification to a client's conditional release plan). The Board shall consider information in the writt…

859-020-0005 Membership The Adult Panel of the PSRB, as stated in ORS 161.385, consists of 5 members with the experience and terms as defined in the statute. The Adult Panel includes a psychiatrist, a psychologist, a member with substantial experience in the processes of parole a…

859-020-0010 Chairperson of the Adult Panel (1) Selection: The Board will select one or more of its members as chairperson or as co-chairpersons to serve for a one year term. The chair person(s) may be re-elected for subsequent terms. (2) Duties: (a) The duties of the Adult Panel…

859-020-0015 Executive Director; Powers and Duties The executive director will officially represent the Board and will perform other duties including but not limited to: (1) Supervising work operations of the Board's staff, including taking corrective action regarding employees; …

859-030-0005 PSRB Adult Panel Responsibilities Purpose: The Board's Adult Panel monitors the psychiatric and physical health and treatment of all persons placed under its jurisdiction and performs other duties as assigned by the Legislature. The Board will have as its primary con…

859-030-0010 Jurisdiction of Persons under the PSRB/Length of Jurisdiction (1) In accordance with ORS 161.325, the Board will take jurisdiction over persons adjudged by the court to be guilty except for insanity and who present a substantial danger to others. (2) The period of ju…

859-030-0015 Victim's Rights (1) The Board shall make reasonable efforts to notify victims identified in a jurisdictional order or victims who have requested to be notified of any of the following regarding a person under the Board’s jurisdiction: (a) Any order; (b) Hearings; (b)…

859-030-0020 Diversity, Equity, and Inclusion The PSRB will engage in rulemaking and hearing processes consistent with the priorities of the Governor and the policies implemented by the Oregon Office of Diversity, Equity, and Inclusion/Affirmative Action. Statutory/Other Authorit…

859-040-0005 Administrative Meetings (1) The Adult Panel of the Board will hold administrative meetings to consider matters relating to Board policy and administration. Generally, these administrative meetings are held on a quarterly basis unless there is business that warrants m…

859-040-0010 Quorum and Decisions The presence of at least three members of the Board—in person or by remote means—constitutes a quorum: Three concurring votes (affirmative or negative) are required for the Board’s Adult Panel to make a decision. Statutory/Other Authority: ORS 16…

859-040-0015 Public Meetings Law All meetings of the PSRB are open to the public in accordance with the Public Meetings Law; the deliberations of the Board are not open to the public. For the purposes of this rule, the term “public” does not include employees of the PSRB. Statuto…

859-040-0020 Records Written minutes will be kept of Board action taken at administrative meetings and adopted at the subsequent administrative meeting. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.345 & 161.346 History: PSRB 2-2016, f. & cert. ef. 3-17-…

859-040-0025 Public Participation (1) The Adult Panel of the Board will allocate a public comment period during its Administrative meetings. The Adult Panel Chairperson or Acting Chairperson may set a time limit for participants electing to speak during that period. (2) The publi…

859-045-0005 Written Records (1) Pursuant to Oregon public records law, Board orders and information releasable to the public within the Public Records Law will be made available upon request within a reasonable time. (2) All requests will be made in writing and final determinati…

859-045-0010 Public Records Use and Disclosure; Confidentiality (1) Definitions: In addition to the definitions in OAR 859-010-0005, the following terms apply to this rule: (a) “Authorization” means written permission form from a patient or patient’s representative giving the Boa…

859-050-0001 Hearings (1) PSRB Hearings are open to the public, except Board deliberations. (2) The Board, Board staff, or the security staff at the hearings’ location may limit physical items or persons permitted inside the hearings room to ensure safety and hearing decorum. Thi…

859-050-0005 Notice Written notice of hearings will be given to those indicated in ORS 161.346(5) and 161.326. (1) Those given notice under ORS 161.346(5) and 161.326 include the: (a) Person about whom the hearing is being conducted; (b) Attorney representing the person under PSR…

859-050-0010 Scheduling of Hearings (1) The scheduling of hearings will be driven by the statutory timelines found in ORS Chapter 161. (2) Hospital requests for conditional release hearings will generally be prioritized over other types of hearings. (3) Frequent docketing changes…

859-050-0015 Time of Hearings Hearings will be held within the following time frames: (1) Initial hearing under ORS 161.341(6)(a). After a person has been placed under the Board's jurisdiction and committed to a state hospital designated by the Oregon Health Authority—90 days fro…

859-050-0020 Chairperson Conducting Hearing During Board hearings, the Chairperson or acting Chairperson will preside. The Chairperson will designate the order of presentation and questioning. The Chairperson will also determine the scope of questioning and may set time limits an…

859-050-0025 Patient’s Right to Review Record; Exceptions Patients will receive written notice of hearings and directly, or through their attorneys, a statement of their rights in accordance with ORS 161.346. All exhibits to be considered by the Board will be disclosed to the pat…

859-050-0030 Evidence Considered; Admissibility The Board will consider all material, relevant, and reliable evidence available to it. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs will be admissible, including, …

859-050-0035 Motion Practice Any party bringing a motion before the Board will submit it to the Board and the opposing party one week prior to the scheduled hearing date. This rule does not apply to requests for set-overs for good cause, or to requests for continuation. Statutory…

859-050-0040 Objections (1) Evidentiary objections: The Chairperson or acting Chairperson will rule on questions of evidence. Hearsay evidence will not be excluded unless the Chairperson or acting Chairperson determines the evidence is not material, relevant or reliable. (a) In d…

859-050-0045 Witnesses and Documents; Subpoena Witnesses or documents may be subpoenaed as provided in ORS 161.395 upon request of any party to the hearing or on the Board's own motion, upon a proper showing of the general relevance and reasonable scope of the documentary or phys…

859-050-0050 Testimony Given on Oath The Board will take testimony of a witness upon oath or affirmation of the witness administered by the Chairperson or acting Chairperson at the hearing. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.346 & ORS 161.3…

859-050-0055 Burdens (1) The standard of proof on all issues at hearings of the Board will be the preponderance of the evidence. (2) The party with the burden of proof will also have the burden of going forward with the evidence (call and examine witnesses, propose conditions of …

859-050-0060 Deliberations Board deliberations are confidential and not open to the public. For purposes of this rule, “the public” does not include PSRB employees. PSRB staff may attend Board deliberations. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 1…

859-050-0065 Continuance of Hearing Upon the request of any party or on its own motion, the Board may, for good cause, continue a hearing for a reasonable period, up to 60 days to obtain additional information, psychiatric reports or testimony or to accommodate a witness’s schedu…

859-050-0070 Cancellation of Hearing (1) The requestor of a hearing may request cancellation of that hearing. The request should be in writing and state the basis for the cancellation request. (2) If a patient/outpatient requests cancellation of a hearing after notices for that h…

859-050-0075 Use of Restraints (1) The Board prefers to have patients appear at hearings without physical restraints. If, in the judgment of the patient's physician, the patient might need restraining, the Board prefers to have staff attending the hearing with the patient rather …

859-050-0080 Board Decisions (1) The Board will provide findings and notify the parties and other interested individuals and organizations, as appropriate. (2) The board may issue its decisions orally on the record at the hearing, and will do so unless the Board has reason to del…

859-050-0083 Split Votes at Hearings (1) When three members cannot agree during deliberations about a hearing outcome, the hearing may be continued for no longer than 60 days. The recording of the hearing and the exhibits will be reviewed by the remaining member(s) and a decision…

859-050-0085 Notification of Right to Appeal (1) At the conclusion of a Board hearing, the Board Chair or acting Chair will provide the person and his or her attorney with written notification advising of the right to appeal on an adverse decision within 60 days from the date an …

859-050-0090 Patient/Outpatient Appearing Pro Se (1) When a patient/outpatient waives the right to be represented by an attorney, the Board will take written or oral testimony and decide whether the patient/outpatient is capable of understanding the proceedings. (2) After conside…

859-050-0095 Examination of Person Under Jurisdiction of the Board (1) The Board may appoint a psychiatrist, psychiatric mental health nurse practitioner, or licensed psychologist to examine the person and submit a jurisdictional report to the Board, including an opinion as to th…

859-050-0100 Appearance at Hearings by Remote Means (1) Participation via telephone, other two-way electronic communication device, or simultaneous electronic transmission (collectively hereafter, “by remote means”) is permitted at PSRB Hearings. (a) All participants appearing by…

859-050-0105 Protocol for Media at Hearings (1) Public Access Coverage Defined. As used in this rule: (a) “Public access coverage” means coverage by means of any public access coverage equipment. (b) “Public access coverage equipment” means any of the following in the possession …

859-050-0110 Records of Hearings All Board hearings, except Board deliberations, will be recorded by electronic means which can be transcribed. All documents considered will be included in the file and kept as part of the record: (1) Audio recordings capable of being transcribed …