Oregon Administrative Code

309-022-0170 Emergency Safety Interventions Providers of ITS services shall: (1) Adopt policies and procedures for emergency safety interventions as part of a crisis prevention and intervention policy. The policy shall be consistent with the provider’s trauma-informed services po…

309-022-0175 Restraint and Seclusion (1) Providers shall meet the following general conditions of personal restraint and seclusion: (a) Personal restraint and seclusion shall be used only in an emergency safety situation to prevent immediate injury to an individual who is in dang…

309-022-0180 Transfer and Continuity of Care (1) Providers shall meet the following requirements for planned transfer: (a) Decisions to transfer individuals shall be documented in a transfer summary. The documentation shall include the reason for the transfer; (b) Planned transfe…

309-022-0185 Quality Assessment and Performance Improvement (1) Each provider shall develop and implement a structured and ongoing process to assess, monitor, and improve the quality and effectiveness of services provided to individuals and their families, including: (a) A qualit…

309-022-0190 Grievances and Appeals (1) Any individual receiving services or the parent or guardian of the individual may file a grievance with the provider, the individual’s managed care plan, or the Division. (2) Medicaid grievances and appeals shall adhere to procedures set fo…

309-022-0192 Variance (1) Requirements and standards for requesting and granting variances or exceptions are found in OAR 309-008-1600 and OAR 415-012-0090. (2) Granting a variance for one request does not set a precedent that must l be followed by the Division when evaluating su…

309-022-0195 Licensure as a Children’s Emergency Safety Intervention Specialist (CESIS) To obtain a license as a CESIS, an agency that is certified by the Division to provide intensive mental health treatment services for individuals less than 21 years of age shall make an applic…

309-022-0200 CESIS Scope of Licensure (1) A licensed CESIS is authorized to: (a) Order the least restrictive intervention, including seclusion and personal restraint that is most likely to be effective in resolving an emergency safety situation if the treatment team physician is …

309-022-0205 CESIS License Applications (1) Application for licensure as a CESIS shall be made to the Division and be on forms prescribed by the Division. (2) Application for licensure shall be accompanied by a formal written request from a provider that is certified by the Divis…

309-022-0210 Issuance of a License (1) The Division shall issue a license within 30 days of the submission of a completed application. The license shall state the name of the licensee, the provider and expiration date. (2) The license shall be placed in the licensee’s personnel f…

309-022-0215 Renewal and Expiration of License (1) A license issued under these rules is subject to renewal every 2 years. (a) All licenses will expire on September 30th. The issuance date of the licensee’s first license will determine if the license expires on an odd or even yea…

309-022-0220 Complaints (1) Any person who believes these rules have been violated may file a compliant with the Division. (2) The Division shall establish a protocol for investigation of complaints and make that information available to anyone who files a complaint or has a comp…

309-022-0225 Denial, Suspension, Revocation or Non-renewal of License (1) The Division may deny, suspend, revoke or refuse to issue or to renew any license issued under these rules upon proof that the applicant for licensure or the licensee: (a) Has been convicted of one or more …

309-022-0230 Appeal Process (1) An appeal of a denial, suspension, probation or revocation of a license may be requested in writing to the Division from a provider of intensive mental health treatment services for children less than 21 years of age on behalf of their employee or …

309-023-0100 Purpose and Scope These rules prescribe standards of care and other requirements relating to psychiatric emergency services delivered in an emergency department at a licensed hospital or licensed hospital satellite. Statutory/Other Authority: ORS 413.042 Statutes/Oth…

309-023-0110 Definitions In addition to the definitions in OAR chapter 309 division 033 the following definitions apply to these rules: (1) “Behavioral Health” means mental health, mental illness, substance use disorders, and gambling disorders. (2) “Behavioral Health Assessment”…

309-023-0120 PES Facility Requirements (1) For purposes of these rules, psychiatric emergency services shall be delivered in an emergency department through a hospital or hospital satellite licensed in accordance with OAR chapter 333 division 500. (2) The PES facility shall compl…

309-023-0130 Services (1) Psychiatric emergency services may include up to 23 hours of triage and assessment, observation and supervision, crisis stabilization, crisis intervention, crisis counseling, case management, medication management, safety planning, lethal means counselin…

309-023-0140 Seclusion and Restraint (1) The facility shall be certified as a Class 1 facility pursuant to OAR 309-033-0520. A Class 1 facility is a facility that is approved under applicable administrative rules to be locked to prevent a patient from leaving the facility, to use…

309-023-0150 Involuntary Detainment & Informed Consent (1) For individuals who are in custody, under a civil commitment, hospital hold or on diversion, the PES facility must comply with the administrative rules in OAR chapter 309, division 33 which govern the administration, stan…

309-023-0160 Staffing Requirements (1) An adequate number of clinical staff and on-site peer support specialists shall be available and specifically trained in psychiatric emergency services. (2) A licensed psychiatrist shall be available to meet with patients as needed at any ti…

309-023-0170 Staff Training (1) The facility shall have policies and procedures for ongoing educational programs to instruct staff regarding best practices in psychiatric emergency services. (2) A staff training curriculum shall include, but is not limited to: (a) Criteria for th…

309-023-0180 Quality Assessment and Improvement and Patient Outcomes (1) Facilities must comply with the quality assessment and improvement requirements set forth in OAR 309-032-0870 (10). (2) In addition to the quality assessment requirements in section (1) facilities shall main…

309-027-0010 Purpose and Scope (1) Oregon Administrative Rules (OAR) 309-027-0010 through 309-027-0060 implement Senate Bill (SB) 561 from Oregon’s 2015 Regular Session, and SB 485 and SB 918 from Oregon’s 2019 Regular Session. (2) These administrative rules: (a) Identify Local M…

309-027-0020 Definitions (1) “Authority” means the Oregon Health Authority (OHA). (2) “Authority’s Plan” means the Authority’s Youth Suicide Communication and Postvention Plan developed to implement SB 561 codified as ORS 418.735. (3) “Communication Protocol” means the plan ident…

309-027-0030 Communication Protocol (1) Each LMHA, in collaboration with tribes and community partners, shall identify local pathways for information-sharing and shall establish a Communication Protocol to communicate across and within the LMHA and community partners, including t…

309-027-0040 Response Protocol (1) Each LMHA, in collaboration with community partners, shall develop a Response Protocol identifying tribes, community partners, programs, individuals and others within the community that may be notified of a suspected youth suicide or mobilized t…

309-027-0050 Technical Assistance As part of the Authority’s plan for communication and response coordination among LMHAs and community partners, the Authority shall provide technical assistance for developing and updating protocols, including Coordinator assistance through: (1) …

309-027-0060 Reporting To Coordinator (1) Each LMHA shall designate a Designated Reporter assigned to timely report suspected youth suicides and postvention activities to the Coordinator. Each LMHA shall provide the name and all contact information (including email address and ph…

309-031-0010 Forensic Psychiatric Services (1) Purpose. This rule prescribes procedures for state institutions serving persons committed to the Division by a court of criminal jurisdiction and persons ordered to a state institution by the Psychiatric Security Review Board or Oreg…

309-032-0301 Purpose and Scope These rules prescribe the standards for community-based programs that serve individuals with a serious mental illness experiencing homelessness under the Projects for Assistance in Transition from Homelessness (PATH) program. Statutory/Other Authori…

309-032-0311 Definitions (1) “Co-Occurring Disorders” (COD) means the existence of at least one diagnosis of a substance use disorder and one diagnosis of a serious mental illness. (2) “Community Mental Health Program” (CMHP) means an entity that is responsible for planning and d…

309-032-0321 Eligible Services (1) Effective outreach to engage people in the following array of services: (a) Identification of individuals in need; (b) Screening for symptoms of serious mental illness; (c) Development of rapport with the individual; (d) Offering support while a…

309-032-0331 Staff Qualifications and Training Standards (1) Staff delivering case management and outreach services to individuals shall have demonstrated ability to: (a) Identify individuals who appear to be seriously mentally ill; (b) Identify service goals and objectives and i…

309-032-0341 Rights of Eligible Individuals (1) In addition to all applicable statutory and constitutional rights, every eligible individual receiving services has the right to: (a) Choose from available services and supports; (b) Be treated with dignity and respect; (c) Have all…

309-032-0351 Enrollment and Record Requirements (1) An individual’s eligibility shall be determined and documented at the earliest possible date. (2) A record shall be maintained for each enrolled individual receiving services under this rule. The record shall contain the followi…

309-032-0850 Purpose These rules prescribe standards and procedures for regional acute care psychiatric services for adults. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.630 & 430.640 History: MHS 8-2017, f. & cert. ef. 6-23-17 MHS 22-2016,…

309-032-0860 Definitions As used in these rules: (1) “Adult” means an individual age 18 years or older. (2) “Certificate” means the document issued by the Division that identifies and declares certification of a provider pursuant to OAR 309-008-0100 to 309-008-1600. A letter acco…

309-032-0870 Standards for Approval of Regional Acute Care Psychiatric Service (1) The facility in which a regional acute care psychiatric service is provided shall maintain state certificates and licenses as required by Oregon law for the health, safety, and welfare of the indiv…

309-032-0890 Variances (1) The Division may grant variances to a regional acute care psychiatric service if implementation of the proposed alternative services, methods, concepts, or procedures would result in services or systems that meet or exceed the standards in these rules. …

309-033-0200 Statement of Purpose and Statutory Authority (1) Purpose. These rules prescribe general standards and procedures relating to the involuntary civil commitment of persons with mental illness as defined in ORS 426.005. (2) Statutory authority. These rules are authorized…

309-033-0210 Definitions (1) “Administrator” means the director or chief executive over behavioral health services in a community hospital or the person in charge of treatment and rehabilitation programs at nonhospital facilities. Whenever “administrator” appears it means the adm…

309-033-0220 General Standards (1) Goals. The goals of the Division in implementing these civil commitment standards are: (a) To promote the well-being of persons alleged to have a mental illness and those who are a person with mental illness during involuntary care, custody and …

309-033-0222 Need for Treatment Considerations (1) When a certified mental health investigator is making a hearing recommendation, or a certified mental health examiner is making a commitment recommendation, they must consider whether the person is a person with mental illness an…

309-033-0225 Variances (1) Criteria for a variance. Variances to rules in Oregon Administrative Rules Chapter 309, Division 33 may be granted to a Community Mental Health Program (CMHP), provider, or facility if there is a lack of resources to implement the standards required in …

309-033-0230 Custody (1) Custody by a Licensed Independent Practitioner (LIP) pursuant to ORS 426.231. A LIP taking a person into custody pursuant to ORS 426.231 at a hospital approved under OAR 309-033-0550 shall detain the person for no more than 12 hours. During the initial 12…

309-033-0240 Initiation of the Civil Commitment Process (1) Initiation. The civil commitment process is initiated when a Notice of Mental Illness (NMI) is filed with the circuit court. The NMI shall be filed with the circuit court as directed below: (a) Public petition. When an N…

309-033-0250 Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention (1) Criteria for placement into custody. (a) Persons who are a danger to self or others, whether prior to being placed unde…

309-033-0260 Diversion from Commitment Hearing (1) Notice to court by director. The director and a Licensed Independent Practitioner (LIP) may certify a person for diversion at any time up to three judicial days after the person has been taken into custody, unless otherwise appro…

309-033-0265 The Authority’s Denial of Payment for Services to Persons in Custody or on Diversion (1) The Authority denial. The Authority shall deny part or all payment for services for a person in custody or on a diversion only when the Authority determines that there is insuffi…