justicedao/ipfs_state_laws huggingface dataset:
309-118-0010 Policy Statement (1) It is the policy of OSH that the care and treatment of its patients be administered in a manner that preserves their civil and legal rights. OSH will maintain a process for patients and their representatives to resolve informal complaints or grievances concerning the patient’s care, treatment and rights. It is OSH’s policy to encourage all personnel to alert treatment staff concerning any patient’s or their representative’s informal complaint, grievance, or request for review. (2) OSH recognizes the responsibility and authority of other state and federal agencies to receive and review complaints from patients or their representatives. No patient or representative shall be subjected to reprisal by OSH or OSH staff for contacting or seeking review of an informal complaint or grievance under these rules or outside of OSH. (3) A patient or patient’s representative who files an informal complaint or grievance may pursue other remedies, including, but not limited to, filing a grievance directly with the state agency that has licensure survey responsibility over OSH. (4) If the grievance involves an allegation of abuse, the Grievance Committee shall refer the allegation immediately to the agency responsible for investigating patient abuse pursuant to ORS 430.745 and OAR 943-045-0000. (5) Nothing in this section modifies an individual’s mandatory abuse reporting obligations. (6) Nothing in these rules is intended to affect the right of a patient to seek independent redress of grievances by access to state or federal courts. Statutory/Other Authority: ORS 179.040, 413.042, 179.321 & 179.360 Statutes/Other Implemented: ORS 426.385, 179.321 & 179.360 History: BHS 39-2023, minor correction filed 09/20/2023, effective 09/20/2023 BHS 25-2022, amend filed 12/20/2022, effective 12/20/2022 BHS 10-2022, temporary amend filed 06/28/2022, effective 06/28/2022 through 12/24/2022 BHS 4-2021, amend filed 02/17/2021, effective 02/17/2021 MHD 15-1982, f. 7-9-82, ef. 7-23-82
309-118-0015 Issues Ineligible for Grievance or Review Process Notwithstanding the definition of a grievance in OAR 309-118-0005, a patient’s or their representative’s compliant shall not be processed through the grievance or review procedures set forth in these rules if: (1) There is a contested case hearing or other separate process recognized by statute or administrative rule that affords notice and opportunity to be heard before an impartial decision-maker concerning that issue, including but not limited to institutional reimbursement orders, OSH informed consent decisions, and judicial determinations of continued mental illness or cognitive disability; (2) The issue is something that OSH does not have the authority to change, including but not limited to state or federal laws, court orders and actions or decisions by other agencies, including but not limited to commitment and discharge; (3) The patient has previously submitted a grievance or review request on the issue that resulted in a written response, and nothing has occurred that changes the previous response; (4) Grieving an issue on behalf of another patient; (5) Statements that do not allege a grievance; or (6) Disagreements about a treating practitioner’s medical diagnosis of the patient. Statutory/Other Authority: ORS 179.040, 413.042, 179.321 & 179.360 Statutes/Other Implemented: ORS 426.385, 179.321 & 179.360 History: BHS 25-2022, amend filed 12/20/2022, effective 12/20/2022 BHS 10-2022, temporary amend filed 06/28/2022, effective 06/28/2022 through 12/24/2022 BHS 4-2021, amend filed 02/17/2021, effective 02/17/2021 Reverted to MHD 15-1982, f. 7-9-82, ef. 7-23-82 MHS 14-2007(Temp), f. 11-30-07, cert. ef. 12-1-07 thru 5-29-08 MHD 15-1982, f. 7-9-82, ef. 7-23-82
309-118-0030 Representatives (1) A patient has the right to have a representative, as defined in OAR 309-118-0005, to assist them in the grievance and review process. A patient shall not act as a representative for another patient in the grievance process. (2) If the patient and the representative disagree about submitting the grievance or request for review, the patient’s grievance or review request will be addressed as provided in these rules, except where the representative is the patient’s legal guardian or health care representative and has legal authority to make decisions on behalf of the patient. Statutory/Other Authority: ORS 179.040, 413.042, 179.321 & 179.360 Statutes/Other Implemented: ORS 426.385, 179.321 & 179.360 History: BHS 25-2022, amend filed 12/20/2022, effective 12/20/2022 BHS 10-2022, temporary amend filed 06/28/2022, effective 06/28/2022 through 12/24/2022 BHS 4-2021, amend filed 02/17/2021, effective 02/17/2021 MHD 15-1982, f. 7-9-82, ef. 7-23-82
309-118-0035 Responsibilities of OSH Staff in Grievance and Review Process (1) Treatment staff and Ombuds shall be notified in writing of the rules and policies related to the grievance and review process. (2) Treatment staff shall assist the patient or their representative with the grievance and review process upon request. (a) Treatment staff and Ombuds responsible for administering the grievance or review process shall do so with the intent of achieving a fair resolution. (b) Treatment staff who assist patients or their representatives in using the grievance or review process shall not be disciplined or otherwise subjected to reprisal for those actions, provided that such individuals act in good faith and for the purpose of protecting the rights of the patient. (3) All OSH staff shall cooperate with the Grievance Committee, Ombuds, OSH Office of Legal Affairs, and OHA Director in the resolution of grievances or in the review process. Statutory/Other Authority: ORS 179.040, 413.042, 179.321 & 179.360 Statutes/Other Implemented: ORS 426.385, 179.321 & 179.360 History: BHS 25-2022, amend filed 12/20/2022, effective 12/20/2022 BHS 10-2022, temporary amend filed 06/28/2022, effective 06/28/2022 through 12/24/2022 BHS 4-2021, amend filed 02/17/2021, effective 02/17/2021 MHD 15-1982, f. 7-9-82, ef. 7-23-82
309-118-0046 Grievance Committee (1) If any member of the Grievance Committee is the subject of the patient’s or their representative’s grievance, then that member shall recuse themselves from the decision-making process on that grievance. If recusal will lead to fewer than two members on the Grievance Committee, then another treatment staff member or Ombuds will be assigned to that Grievance Committee. (2) Prior to serving on a Grievance Committee, all members or potential members shall participate and successfully complete OSH-approved grievance training and review the current grievance policy. (3) For grievances related to race, religion, national origin, gender identity, sexual orientation, tribal affiliation, cultural practices, immigration status, and limited English proficiency, the Grievance Committee shall consult with the hospital’s Liaison to the Office of Equity and Inclusion, the Ombud’s office or OSH’s Office of Legal Affairs before issuing a written response. Statutory/Other Authority: ORS 179.040, 413.042, 179.321 & 179.360 Statutes/Other Implemented: ORS 426.385, 179.321 & 179.360 History: BHS 25-2022, adopt filed 12/20/2022, effective 12/20/2022 BHS 10-2022, temporary adopt filed 06/28/2022, effective 06/28/2022 through 12/24/2022
309-118-0050 Posting of Grievance and Review Process Upon admission, OSH shall inform patients both orally and in writing, of the rights, policies, and processes set forth in these rules. A clear and simple statement of the grievance and review processes shall be prominently posted in areas frequented by patients, including each OSH unit, suite and cottage. Copies of the OSH Grievance Form, OSH Review Form, and OHA Review Forms shall be accessible and available to patients and their representatives. Statutory/Other Authority: ORS 179.040, 413.042, 179.321 & 179.360 Statutes/Other Implemented: ORS 426.385, 179.321 & 179.360 History: BHS 25-2022, amend filed 12/20/2022, effective 12/20/2022 BHS 10-2022, temporary amend filed 06/28/2022, effective 06/28/2022 through 12/24/2022 BHS 4-2021, amend filed 02/17/2021, effective 02/17/2021 MHD 15-1982, f. 7-9-82, ef. 7-23-82
309-120-0070 Purpose These rules prescribe procedures by which offenders in Oregon Youth Authority (OYA) close custody facilities may be transferred to a state mental hospital or a facility designated by the Addictions and Mental Health Division for evaluation and treatment. Statutory/Other Authority: ORS 179.040, 179.473, 420.500 & 420.505 Statutes/Other Implemented: ORS 179.040, 179.473, 420.500 & 420.505 History: MHD 9-2005, f. 12-28-05, cert. ef. 1-1-06 MHD 8-2005(Temp), f. & cert. ef. 7-15-05 thru 1-7-06
309-120-0075 Definitions As used in these rules: (1) “Close custody facility” means any of the secure facilities operated by the OYA, including, but not limited to, youth correctional facilities, work/study camps, and transition camps. (2) “Facility designated by the Oregon Health Authority (Authority)” means a hospital or secure non-hospital facility designated by the Authority to provide evaluation and treatment services for offenders under the age of 18. (3) “Hearing Officer” means an independent decision maker designated to conduct an administrative commitment hearing for an offender. (4) “Mentally ill offender” means an offender who, because of a mental disorder or a severe emotional disorder, is one or more of the following: (a) Dangerous to self or others; (b) Is unable to provide for basic personal needs and is not receiving such psychiatric care as is necessary for health or safety; or (c) An offender, who unless treated, will continue, with a reasonable medical probability, to physically or mentally deteriorate so that the offender will become a person described under either or both subparagraph (4)(a) or (4)(b) of this rule. (5) “Offender” means a person placed in OYA close custody facility, including adults in the legal custody of the Department of Corrections (DOC). (6) “State Mental Hospital” as defined in ORS 426.010. Except as otherwise ordered by the Authority pursuant to ORS 179.325, the Oregon State Hospitals in Salem, Marion County, and Portland, Multnomah County, and the Blue Mountain Recovery Center in Pendleton, Umatilla County, will be used as state hospitals for the care and treatment of mentally ill offenders age 18 and over who are transferred by the OYA pursuant to these rules. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486, 179.495-179.508 & 420.500-420.525 History: BHS 17-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 9-2005, f. 12-28-05, cert. ef. 1-1-06 MHD 8-2005(Temp), f. & cert. ef. 7-15-05 thru 1-7-06
309-120-0200 Purpose Purpose. These rules prescribe procedures by which adults in custody of Department of Corrections facilities may be transferred to a state mental hospital listed in ORS 426.010. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 18-2023, minor correction filed 07/11/2023, effective 07/11/2023 Renumbered from 309-120-0000, MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06 MHD 7-2005(Temp), f. & cert. ef. 7-7-05 thru 1-3-06 MHD 1-2000, f. & cert. ef. 1-24-00 MHD 3-1995, f. & cert. ef. 4-13-95 MHD 8-1983, f. & cert. ef. 4-1-83, Renumbered from 309-023-0010(1), (2) MHD 1-1983(Temp), f. & cert. ef. 1-5-83 MHD 1-1981, f. & cert. ef. 6-5-81 MHD 3-1980, f. & cert. ef. 4-1-80 MHD 12-1979(Temp), f. & cert. ef. 11-21-79 MHD 5-1979, f. & cert. ef. 8-14-79 MHD 43, f. & cert. ef. 11-5-76
309-120-0205 Definitions As used in these rules: (1) "Department of Corrections Facility" means any institution, facility or staff office, including the grounds, operated by the Department of Corrections. (2) "Adult in custody" means any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status. (3) "Mentally Ill Adult in Custody" means an adult in custody who, because of a mental disorder, is one or more of the following: (a) Dangerous to self or others. (b) Unable to provide for basic personal needs and is not receiving such care as is necessary for health or safety. (c) An adult in custody who: (A) Is chronically mentally ill, as defined in ORS 426.495; (B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the Oregon Health Authority under ORS 426.060; (C) Is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or inpatient placements referred to in subparagraph (3)(c)(B) of this rule; and (D) Unless treated, will continue, to a reasonable medical probability, to physically or mentally deteriorate so that the adult in custody will become a person described under either or both subparagraph (3)(c)(A) or (3)(c)(B) of this rule. (4) “State Mental Hospital” as defined in ORS 426.010. Except as otherwise ordered by the Oregon Health Authority pursuant to 179.325, the Oregon State Hospital in Salem, Marion County, and in Junction City, Lane County, shall be used as the state hospital for the care and treatment of mentally ill persons who are assigned to the care of such institutions by the Authority or who have previously been committed to such institutions. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 19-2023, minor correction filed 07/11/2023, effective 07/11/2023 Renumbered from 309-120-0005, MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06 MHD 7-2005(Temp), f. & cert. ef. 7-7-05 thru 1-3-06 MHD 1-2000, f. & cert. ef. 1-24-00 MHD 3-1995, f. & cert. ef. 4-13-95 MHD 8-1983, f. & ef. 4-1-83, Renumbered from 309-023-0010(3) MHD 1-1983(Temp), f. & cert. ef. 1-5-83 MHD 1-1981, f. & cert. ef. 6-5-81 MHD 3-1980, f. & cert. ef. 4-1-80 MHD 12-1979(Temp), f. & cert. ef. 11-21-79 MHD 5-1979, f. & cert. ef. 8-14-79 MHD 43, f. & cert. ef. 11-5-76
309-120-0210 Administrative Transfers (Mentally Ill Adults in Custody) (1) The Administrator of the Department of Corrections Counseling and Treatment Services Unit/designee may request the Superintendent/designee of a state mental hospital listed in ORS 426.010 to accept a transfer of a mentally ill adult in custody to a state mental hospital pursuant to these rules. (2) An adult in custody may be transferred to a state mental hospital for stabilization and evaluation for mental health treatment for a period not to exceed 30 days unless the transfer is extended pursuant to a hearing conducted in accordance with these rules. (3) If space is available and the Superintendent/designee of the state mental hospital approves, the adult in custody shall be transferred. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 20-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06
309-120-0220 Representation (1) In all cases, the adult in custody is entitled to: (a) Speak in his or her own behalf; and (b) Be present at all stages of the hearings process, except when the hearings officer finds that to have the adult in custody present would present an immediate threat to facility security or safety of its staff or others. The reason(s) for the finding shall be part of the record. (2) Assistance by a qualified and independent person approved by the hearings officer will be ordered upon a finding that assistance is necessary based upon the adult in custody’s financial inability to provide an assistant, language barriers, or competence and capacity of the adult in custody to prepare a defense, to understand the proceedings, or to understand the rights available to him or her. An adult in custody who is subject to an administrative commitment hearing may not receive assistance from another adult in custody. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 22-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06
309-120-0225 Notice of Hearing (1) The adult in custody shall be given written notice that an administrative commitment to a state mental hospital listed in ORS 426.010, a hospital or facility designated by the Oregon Health Authority, or an extension of the transfer is being considered by the Department of Corrections and the Authority. (2) The notice will be provided by the hearings officer. Such notice must be provided far enough in advance of the hearing to permit the adult in custody to prepare for the hearing, but in no case shall notice be provided less than 24 hours prior to the hearing. The hearing shall take place no later than five (5) days from the date of service of the notice. (3) The notice shall include a copy of this rule. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 23-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06
309-120-0230 Investigation (1) The adult in custody may request that an investigation be conducted. If an investigation is ordered, a designee of the hearings officer shall conduct the investigation. No person shall serve as an investigator who has participated in any previous way in the process. (2) An investigation shall be conducted upon the adult in custody’s request, if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure or the adult in custody to provide with his or her own resources. (3) The hearings officer may order an investigation on his or her own motion. (4) The hearings officer shall allow the adult in custody access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety and security of the facility, its staff or others, or to the orderly operation of the facility. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 24-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06
309-120-0235 Documents/Reports (1) An adult in custody may present documents or reports during the hearing, subject to the exclusion and restrictions provided in these rules. (2) The reporting employee or other agents of the Department of Corrections or Oregon Health Authority who are knowledgeable may submit to the hearings officer documents or reports in advance of the hearing that are being relied upon for the administrative commitment or extension of the transfer. Such evidence must be disclosed to the adult in custody during the hearing. (3) The hearings officer may exclude documents or other evidence upon finding that such evidence would not assist in the resolution of the proceeding, or that such evidence would present an undue risk to the safety, security, and orderly operation of the facility. The reason(s) for exclusion shall be made part of the record. (4) Notwithstanding subsection (2) of this rule, the hearings officer may classify documents or other evidence as confidential, and not disclose such evidence to the adult in custody, upon finding that disclosure of psychiatric or psychological information would constitute a danger to another individual, compromise the privacy of a confidential source, or would constitute an immediate and grave detriment to the treatment of the individual, if medically contraindicated by the treating physician or a licensed health care professional in the written account of the adult in custody. The reason(s) for classifying documents or other evidence as confidential shall be made part of the record. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 25-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06
309-120-0245 Postponement (1) A hearing may be postponed by the hearings officer for good cause and for reasonable periods of time. (2) Good cause includes, but is not limited to: (a) Illness or unavailability of the adult in custody; (b) Gathering of additional evidence; or (c) Gathering of additional documentation. (3) The reason(s) for the postponement shall be made part of the record. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 27-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06
309-120-0250 Findings (1) No Justification: The hearings officer may find that the evidence does not support placement in a state mental hospital listed in ORS 426.010 or a hospital or facility designated by the Oregon Health Authority, in which case the hearings officer will recommend that the adult in custody return to his or her former status with all rights and privileges of that status. The hearing record shall be processed with final action subject to review by the Superintendent/designee of the Oregon State Hospital. The findings must be on the merits. Technical or clerical errors in the writing or processing of the transfer request, or both, shall not be grounds for a no justification finding, unless there is substantial prejudice to the adult in custody. (2) Justification: The hearings officer may find the evidence supports the adult in custody’s placement in a state mental hospital listed in ORS 426.010 or a hospital or facility designated by the Oregon Health Authority, in which case the hearings officer will so inform the adult in custody and recommend that the adult in custody’s administrative commitment exceed 30 days. The hearing record shall be processed with final action subject to review by the Superintendent/designee of the Oregon State Hospital. An adult in custody’s administrative commitment to a state mental hospital shall not exceed 180 days unless the commitment is renewed in a subsequent administrative hearing in accordance with these rules. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 28-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06
309-120-0255 Hearing Record (1) Upon completion of a hearing, the hearings officer shall prepare and cause to be delivered to the Superintendent/designee of the Oregon State Hospital a hearing record within three (3) days from the date of the hearing. (2) The record of the formal hearing shall include: (a) Examination reports; (b) Notice of hearing and rights; (c) Recording of hearing; (d) Supporting material(s); and (e) “Findings-of-Facts, Conclusions, and Recommendation” of the hearings officer. (3) The hearings officer will retain the recording and forward to the Superintendent/designee of the Oregon State Hospital items (2)(a), (2)(b), (2)(d), and (2)(e) of this rule. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06