Oregon Administrative Code

309-033-0270 Provision of Care, Custody and Treatment of Persons under Civil Commitment (1) Persons under civil commitment have the rights provided under ORS 426.385, ORS 430.205 through 430.210, and this rule, including: (a) A person under civil commitment’s right to fresh air. …

309-033-0280 Procedures for Persons under Civil Commitment and on Outpatient Commitment or Trial Visit (1) Outpatient commitment. At the time of the civil commitment hearing the director may place a person under civil commitment on an outpatient commitment if adequate treatment s…

309-033-0282 Establishing and Monitoring Conditions of Placement (1) The conditions of placement serve as the objective and legal civil commitment service goals documented as part of an electronic medical or health record.The conditions of placement shall be established prior to …

309-033-0290 Placement of Persons under Civil Commitment (1) Placement authority. The Authority, pursuant to ORS 426.060, delegates the responsibility for the placement of a person under civil commitment to the director of the county of commitment: (a) The director, in consultati…

309-033-0300 Transfers Between Classes of Facilities (1) Transfers between classes of facilities. The director may transfer a person under civil commitment from one class of facility to another in the same class or in a less restrictive class as provided by ORS 426.060. However, …

309-033-0310 Recertification for Continued Civil Commitment. (1) Recertification for continued civil commitment of persons placed in a state hospital: (a) After consulting with the director of the person’s county of residence, the superintendent shall issue a recertification to: …

309-033-0320 Revocation of Conditional Release, Outpatient Commitment or Trial Visit (1) Conditional release. A caregiver appointed by the court to care for a person under civil commitment while on conditional release is responsible for reporting to the court any violation of the…

309-033-0330 Discharge of Civil Commitment for Persons under Civil Commitment and Placed in the Community (1) Only the director of county of placement may discharge. Only the director of the county of placement may change the civil commitment status of a person under civil commit…

309-033-0400 Statement of Purpose and Statutory Authority (1) Purpose. These rules prescribe standards and procedures relating to the care, custody, and treatment of persons under civil commitment and persons alleged to have a mental illness. (2) Statutory authority. These rules …

309-033-0420 Transportation and Transfer of Persons in Custody or On Diversion (1) Notification of court. The director shall immediately inform the court of a transfer and the location of the person and of the time the person is admitted to a new hospital or nonhospital facility.…

309-033-0425 Provider Requirements for the Transportation and Transfer of Minors in Custody or by Consent of Legal Guardian (1) Providers must be contracted to provide secure non-emergent medical transport (NEMT) services. (2) Transportation of minor individuals (under the age 18…

309-033-0430 Transportation of a Person under Civil Commitment to a State Hospital, Community Hospital or Nonhospital Facility (1) Transportation of a person under civil commitment to a state hospital, community hospital or nonhospital facility. The director of the county of comm…

309-033-0432 Standards for the Approval of a Secure Transport Provider to Transport a Person in Custody or On Diversion to an Approved Holding Hospital or Nonhospital Facility (1) A secure transport provider must be approved by the Division under this rule in order to transport a…

309-033-0435 Client Rights with Regards to a Secure Transport Provider (1) A secure transport provider shall maintain written policies and procedures with regard to client rights. The policies and procedures must assure that a client has the right to be treated with consideration…

309-033-0437 Mechanical Restraint by a Secure Transport Provider (1) A mechanical restraint may be used by secure transport providers in emergency situations to prevent a person from inflicting immediate and serious harm to self or others, or property. A mechanical restraint shal…

309-033-0500 Statement of Purpose and Statutory Authority (1) Purpose. These rules prescribe standards for the approval of facilities that provide involuntary care, custody and treatment to persons in protective custody, in custody and on diversion. (2) Statutory authority. These…

309-033-0520 Classes of Facility that Provide Care, Custody or Treatment to Persons under Civil Commitment or to Persons in Custody or on Diversion. (1) Division to assign classification. The Division shall assign a classification to a facility approved to serve a person under ci…

309-033-0530 Approval of Hospitals and Nonhospital Facilities to Provide Services to Persons under Civil Commitment and to Person in Custody and on Diversion This section establishes rules for approval of hospital and nonhospital facilities which provide service to a person under…

309-033-0540 Administrative Requirements for Hospitals and Nonhospital Facilities Approved to Provide Services to Persons in Custody. (1) Written policies. Each hospital or nonhospital facility shall have written policies concerning the care, custody, and treatment of persons in …

309-033-0550 Standards for the Approval of Hospitals Detaining Persons in Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility. (1) Approved hospitals. Only hospitals approved by the Division under this rule may detain a person pending transport pursu…

309-033-0600 Statement of Purpose and Statutory Authority (1) Purpose. These rules prescribe requirements, standards, and procedures for obtaining informed consent from a person alleged to have a mental illness and be in need of treatment or a person under civil commitment. (2) S…

309-033-0620 Obtaining Informed Consent to Treatment from a Person and the Administration of Significant Procedures Without the Informed Consent of a Person under Civil Commitment. (1) Basic rule for obtaining informed consent to treatment from a person. A person or a guardian, o…

309-033-0625 Administration of Medication and Treatment without the Informed Consent of a Person in Custody (1) Hospitals or Nonhospital Facilities Authorized. Only a Licensed Independent Practitioner (LIP) at a hospital or nonhospital facility approved under OAR 309-033-0500 thr…

309-033-0630 Administration of Significant Procedures in Emergencies Without the Informed Consent of a Person under Civil Commitment (1) Hospitals or nonhospital facilities authorized. The following facilities that serve persons under civil commitment and which administer signifi…

309-033-0640 Involuntary Administration of Significant Procedures to a Person under Civil Commitment with Good Cause (1) Hospitals or nonhospital facilities authorized. Only the following facilities that serve persons under civil commitment shall involuntarily administer signific…

309-033-0700 Purpose and Scope (1) This section establishes rules pursuant to ORS 426.072, 426.236, 426.228, 426.232, 426.233 and 426.234, 426.385 for certification of hospitals and facilities which provide care, custody, and treatment to persons under civil commitment and to per…

309-033-0720 Application, Training and Minimum Staffing Requirements (1) Only the following facilities shall be certified pursuant to this rule and the procedures found OAR 309-008-0100 to 309-008-1600 to use seclusion or restraint: (a) Community hospitals licensed by the Public …

309-033-0725 Medical Services (1) A Licensed Independent Practitioner (LIP) must be available 24 hours per day, seven days per week to provide medical supervision of the services provided. (a) In accordance with state law, those LIPs authorized to order seclusion or restraint pur…

309-033-0727 Structural and Physical Requirements (1) The hospital or other facility which provides care, custody, and treatment for persons with mental illness or persons alleged to have a mental illness have available at least one room which meets the following requirements: (a…

309-033-0730 Seclusion and Restraint Procedures (1) Certified facilities shall not use seclusion and restraint except in an emergency and only then subject to the conditions and limitations of these rules. (2) General procedures: (a) Only a Licensed Independent Practitioner (LIP)…

309-033-0732 Time Limits (1) The maximum time limit for each restraint or seclusion order — before consideration of a renewal, and up to a maximum of 24 hours — is as follows: (a) 4 hours for adults 18 years of age or older; (b) 2 hours for children and adolescents 9 to 17 years …

309-033-0733 Documentation (1) No later than the end of their work shifts, the persons who obtained authorization and carried out the use of restraint shall document in the person's chart including but not necessarily limited to the following: (a) The specific behavior(s) which r…

309-033-0735 Quarterly Reports (1) Every facility certified under these rules must report to the Division and to the Council within 30 days of each quarter’s end, the following information: (a) The number of seclusion and the number of restraint incidents; and (b) The number of p…

309-033-0811 Declaration for Mental Health Treatment (DMHT) Standards and Processes (1) A DMHT communicates a person’s preferred mental health treatments, services, and supports so that, in the event a court or two capacity evaluators determine the person is incapable to make inf…

309-033-0815 Diversion from Commitment (1) 14-Day Diversion from Commitment. The CMHP director may offer a person a diversion at any time prior to the conclusion of a civil commitment hearing for an initial period of up to 14 calendar days. (a) If the CMHP director and a LIP have…

309-033-0900 Statement of Purpose and Statutory Authority (1) Purpose. These rules prescribe standards and procedures relating to the investigation and examination of a person alleged to be a person with mental illness during the involuntary civil commitment process, including tr…

309-033-0920 Certification of Mental Health Investigators (1) Investigation only by a certified investigator. Only a person certified by the Division shall conduct an investigation of a person alleged to be a person with mental illness as required by ORS 426.070(3)(c) and 426.074…

309-033-0930 Investigation of Persons Alleged to Have a Mental Illness (1) Upon receipt of a Notice of Mental Illness (NMI) the Community Mental Health Program (CMHP) must conduct an investigation of the person to determine probable cause for mental disorder. The person conductin…

309-033-0940 The Investigation Report (1) The investigator shall include in a report to the court, if relevant or available, evidence and the source of that evidence in the following areas: (a) Evidence which describes the present illness and the course of events which led to the…

309-033-0950 Certification of Mental Health Examiners (1) Psychiatrists exempt from certification. A psychiatrist may serve as an examiner as provided by ORS 426.110. Division certification is not necessary for psychiatrists serving as mental health examiners. (2) Qualifications …

309-033-0960 Mental Health Examiner’s Report to the Court (1) Examiner assessment of evidence. The examiner shall provide in a report to the court the examiner’s opinion whether the evidence supports or contradicts: (a) The allegation that the person has a mental disorder; (b) Th…

309-035-0100 Purpose and Scope (1) These rules prescribe standards by which the Behavioral Health Division (Division) of the Oregon Health Authority (Authority) licenses community based residential treatment facilities and community based residential treatment homes for adults wi…

309-035-0105 Definitions As used in these rules, the following definitions apply: (1) "Abuse" means abuse as defined in ORS 430.735. (2) "Activities of Daily Living (ADL)" means those personal and functional activities required by a resident for continued well-being, that are ess…

309-035-0110 Required Home-like Qualities (1) A program, except for a SRTF, must have all of the following qualities: (a) The setting is integrated in and supports the resident’s same degree of access to the greater community as individuals’ not receiving HCBS including opportuni…

309-035-0115 Licensing (1) The Division shall license a program that meets the definition of an RTF or RTH and demonstrates compliance with these and all applicable laws and rules. No person or governmental unit acting individually or jointly with any other person or governmental…

309-035-0120 Contracts and Rates (1) A provider receiving Medicaid reimbursement for services provided, must enroll with OHA’s Medicaid Provider Enrollment program or enter into a contract with the local CMHP, statewide coordinated care organizations, the Division, or other Divis…

309-035-0125 Administrative Management (1) The licensee must ensure that the program and setting are maintained and operated in compliance with these rules and all other applicable federal, state, and local laws and regulations. (2) The licensee must employ a program administrato…

309-035-0130 Records (1) Records must be maintained to document the legal operation of the program, personnel practices, and resident services and supports provided. All records must be properly obtained, accurately prepared, safely stored, and readily available or electronically…

309-035-0135 Staffing (1) The provider must maintain a written job description for each staff position that specifies the position’s qualifications and job duties: (a) A direct care staff person must be: (A) At least 18 years of age; (B) Be capable of implementing the setting’s e…

309-035-0140 Setting Requirements (1) The provider must ensure that the setting requirements are met for the occupancy classification designated by the Oregon Building Code and the Oregon Fire Code prior to initial licensure. When a change in setting use results in a new building…