Oregon Administrative Code

309-090-0040 Forensic Evaluator Training Program (1) The Authority will establish a course of training for persons desiring the issuance of a certificate. At a minimum the training will include a review of: (a) The Oregon statutes and case law applicable to the issues of competen…

309-090-0050 Confidentiality Except for the names of certified evaluators, all records provided to the Authority under these rules are confidential and privileged and may not be released or utilized for any purpose outside these rules. Any practitioner who in good faith complies …

309-090-0055 Certification Denial, Suspension, Revocation, Non-Recertification and Complaints Regarding Content of Written Evaluation Reports (1) An applicant may be denied certification, or an evaluator may be denied recertification for reasons including but not limited to: (a) …

309-090-0060 Complaints on Which the Authority Can Act (1) Any complaint regarding the content of forensic evaluation reports must be submitted in a form and manner prescribed by the Authority and it must provide sufficient detail as to why the evaluation report is cause for a co…

309-090-0065 Complaint Processing and Investigation (1) If a complaint is accepted, reviewed by the Authority, and found to warrant consideration by the forensic evaluation review panel, the evaluation report shall be forwarded to the panel for consideration and determination as …

309-090-0070 Contested Case Hearing If the Authority denies, revokes, non-renews, suspends, or imposes a condition on certification, the Authority shall provide notice of the applicant’s right to a hearing pursuant to the provisions of ORS Chapter 183. [ED. NOTE: To view attachme…

309-091-0000 Purpose and Scope (1) These rules establish and define the criteria which support the proper management and utilization of services provided by the Oregon state hospital system, by limiting admissions to those most severely symptomatic individuals whose treatment and…

309-091-0005 Definitions (1) “Authority” means the Oregon Health Authority. (2) “Chief Medical Officer” (CMO) means the physician designated by the superintendent of each state institution who is responsible for the administration of medical treatment, or his or her designee. (3)…

309-091-0010 Civilly Committed, Guardian and Health Care Representative Authorized Admission Criteria Each non-forensic individual admitted to a state hospital must meet the following criteria: (1) The individual must be age 18 or older; (2) The individual must be named in a curr…

309-091-0015 Determining Need for State Hospital Care (1) State hospital level of care is determined appropriate when: (a) the individual’s condition or symptoms have not improved in an acute care setting despite having received a comprehensive psychiatric and medical assessment,…

309-091-0025 Exclusion Criteria and Exceptions (1) State hospitals are intended to provide recovery-oriented intervention for individuals experiencing symptoms related to SPMI. (2) Admissions must not be based upon a primary diagnosis of the following related conditions: (a) An a…

309-091-0030 Discharge Planning (1) The responsible parties shall participate in discharge planning, throughout the patient’s hospitalization. (2) The state hospital will notify the responsible parties of each admission, campus transfer, and determination related to assessing dis…

309-091-0035 Discharge Criteria and Procedures for Civil Commit, or Guardian, or Health Care Representative (1) The state hospital, or designee, will periodically assess the individual’s continued need for state hospital level of care, and readiness to transition, based upon the …

309-091-0040 Forensic Admission Criteria and Procedures Forensic admissions will occur as prescribed ORS 161.327, 161.328, 161.365, 161.370. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 179.321, 426.010, 426.020 & 426.072 History: MHS 6-2012, f. 5-3-12, …

309-091-0045 Forensic Discharge Criteria and Procedures (1) Individuals admitted by court order after a finding of guilty except for insanity of a felony will be discharged when approved by the PSRB. (2) Individual admitted by court order after a finding of guilty except for insa…

309-091-0050 Other Forensic Discharges (1) For the purposes of this rule, discharge occurs when the state hospital moves the individual from the state hospital’s psychiatric care to either a community setting or other institutional setting, including but not limited to discharge …

309-102-0100 Purpose and Scope These rules prescribe the standards and procedures for handling incoming and outgoing mail for Oregon State Hospital patients. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.360 & 426.385 History: B…

309-102-0110 Definitions (1) “Contraband” means any controlled substance, drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, drug paraphernalia, weapons, unauthorized currency or prohibited items. (2) “Controlled Substance” means a drug or its immedia…

309-102-0120 Patient Rights Related to Mail and Packages (1) Except as limited in these rules, all patients at OSH must have the right to communicate freely by sending and receiving sealed mail. (2) All journalist mail, legal mail, official mail, or other mail may be sent or deli…

309-102-0130 Handling of Patients’ Journalist Mail, Legal Mail, Official Mail, Mail & Packages (1) When a patient receives an authorized package, OSH may open and search it for contraband, including but not limited to prohibited items, even if there is no reasonable cause to beli…

309-102-0140 Disposition of Mail Retained or Delivered To Patient (1) If a package or mail, including journalist, legal or official mail, is opened, OSH staff must not read or further inspect any unrestricted items, except if patient’s treatment plan contains a restriction for ce…

309-104-0000 Purpose and Statutory Authority (1) Purpose. These rules prescribe policy and procedures for the use of telephones by patients and residents in state institutions. (2) Statutory Authority. These rules are authorized by ORS 179.040 and 413.042 and carry out the provis…

309-104-0005 Definitions As used in these rules: (1) “Administrator” means the Assistant Director, Human Resources, and Administrator for Mental Health. (2) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority. (3) “Patient” means a person who…

309-104-0010 Policy (1) All patients and residents have the right to make and receive telephone calls except as provided in section (4) of this rule. (2) State institutions shall make available to patients and residents telephones which are accessible and ensure privacy. (3) Exce…

309-104-0015 Procedures (1) State institutions shall make known telephone availability and any restrictions to patients and residents on each living area. (2)(a) Any restrictions in telephone usage for individual patients or residents must be by order of the treating physician or…

309-104-0020 Notice To Patients, Residents, and Employees (1) Upon admission, state institutions shall inform patients and residents, orally and in writing, of the rights, policies, and procedures set forth in these rules. In addition, a clear and simple statement of the title an…

309-106-0000 Purpose and Statutory Authority These rules provide the policies and procedures concerning visitation of patients at Oregon State Hospital. Statutory/Other Authority: ORS 179.040, 413.042 & 179.360 Statutes/Other Implemented: ORS 179.321 & 426.385 History: BHS 30-202…

309-106-0005 Definitions As used in these rules: (1) “Accused Person” or “AP” means the OSH staff or visitor who is the respondent in an investigation for the alleged abuse of a patient under Chapter 419, division 120, of the Orgon Administrative Rules. (2) “Adult” means an indiv…

309-106-0010 Patients’ Rights to Visitation and Exceptions (1) The Division recognizes the needs of patients to have access to and maintain contact with family members and the community of which they are a part as well as the needs of family and community members to have access t…

309-106-0015 OSH Review of Visitor Applications (1) Except for provided in section (2) of this rule, the following individuals are automatically approved for visitation: (a) A patient’s attorney recognized by the court as representing the patient, or an agent of the attorney, suc…

309-106-0025 Visitation Requirements (1) Visitors must abide by all requirements set out in these rules. Failure to do so may result in the termination of the visit and limitations on future visits. (2) Visitors must abide by the following requirements for the safety and security…

309-106-0030 Visitor Security Inspection and Screening (1) Visitors must be processed through a security checkpoint to access the visitation area in the secure perimeter to protect the safety and security of the hospital. Security staff or direct care staff must screen all visito…

309-106-0035 Administrative Review (1) Within 60 days of a decision denying an application for visitation, a prospective visitor may challenge the decision by submitting a completed written request for Administrative Review to OSH Ombuds Office. The denial will be reviewed as fol…

309-108-0000 Purpose and Statutory Authority These rules prescribe the standards and procedures for the handling of patient’s personal, excess or storage property and the security inspection and search procedures for Oregon State Hospital patients. Statutory/Other Authority: ORS …

309-108-0005 Definitions As used in these rules: (1) “Chief Medical Officer” or “CMO” means the physician or designee appointed pursuant to ORS 426.020 who is responsible for the administration of medical treatment at each state institution and the supervision of physicians and p…

309-108-0010 Patient Personal Property (1) Patients shall have the right to possess and use on each unit reasonable amounts of personal property and unrestricted items. Patients shall not have the right to possess or use contraband or prohibited items. In addition to these rules,…

309-108-0015 Procedures for Property (1) All personal property that a patient brings into the hospital at the time of admission must be itemized in writing with an accompanying description, regardless of where or how the item is stored or otherwise disposed. (2) OSH staff shall e…

309-108-0025 Patient Searches (1) Patients may be subject to a security inspection (visual inspection, metal detection screening, and wanding), routine pat-downs, searches, no-contact searches, skin searches, or internal searches at any time for the purpose of maintaining the saf…

309-112-0000 Purpose and Statutory Authority (1) Purpose. These rules prescribe policies and procedures concerning the use of restraint or seclusion in the treatment and in the behavior management of patients in state institutions operated by the Division. In addition to these ge…

309-112-0005 Definitions (1) “Chief Medical Officer” means the physician designated by the superintendent of each state institution pursuant to ORS 179.360(1)(f) who is responsible for the administration of medical treatment at each state institution, or their designee. (2) “Divi…

309-112-0010 General Policies Concerning Use of Seclusion or Restraint (1) Seclusion or restraint may only be used on a patient to ensure the imminent physical safety of the patient or others. Neither seclusion nor restraint will be used as a means of coercion, discipline, conven…

309-112-0015 Use of Seclusion or Restraint (1) Initial Seclusion or Restraint Authorization: (a) The initial use of seclusion or restraint may be imposed on a patient by any trained OSH staff member when the patient poses an imminent risk of physical danger to the patient or othe…

309-112-0017 Use of Restraint as Part of Planned Treatment or Training Programs Subject to the provisions of these rules, restraint may be used as part of planned treatment program provided the informed consent of the patient is obtained or, if informed consent cannot be obtained…

309-112-0020 Use of Security Transportation The chief medical officer or designee may authorize the use of secure transportation for patients of a secure program when outside the security area. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.3…

309-112-0025 Use of Restraint for Acute Medical Conditions (1) During medical treatment for acute physical conditions, personal and physical restraint may be used to prevent a patient from injuring himself or herself. (2) Use of a restraint in the presence of a physician may be a…

309-112-0030 Seclusion or Restraint Review Committee (1) Each state institution must have a Seclusion or Restraint Review Committee, which may use a different name. (2) The purpose and duty of the Seclusion or Restraint Review Committee is to review and evaluate at least quarterl…

309-112-0031 Use of Isolation to Control the Spread of a Serious, Highly Infectious Disease (1) Subject to the provisions of this rule, the chief medical officer or designee may order a patient’s involuntary placement in isolation if: (a) The patient is suspected of or is diagnos…

309-112-0035 Notice to Patients and Employees (1) Upon admission, state institutions shall inform patients orally and in writing, of the rights, policies, and procedures set forth in these rules. In addition, a clear and simple statement of the title and number of these rules, th…

309-114-0000 Purpose Purpose. These rules prescribe standards and procedures to be observed by personnel of state institutions operated by the Division in obtaining informed consent to significant procedures, as defined by these rules, from patients of such state institutions. Th…

309-114-0005 Definitions As used in these rules: (1) "Authorized Representative" or "representative" means an individual who represents a party in a contested case hearing; the representative must be supervised by an attorney that is licensed by the Oregon State Bar. (2) "Chief M…