justicedao/ipfs_state_laws huggingface dataset:
291-210-0020 Definitions (1) Adult in Custody (AIC): Any person under the supervision of DOC who is not on parole, post-prison supervision, or probation. (2) Behavioral Health Services (BHS): A Department of Corrections Health Services unit with primary responsibility for the assessment and treatment of AICs with mental illness, developmental disabilities and substance use disorders. (3) Gender: The socially constructed roles, behaviors, activities, and attributes that a given society typically or historically assigns to men and women. (4) Gender dysphoria: A psychological condition characterized by significant emotional distress and impairment in life functioning, caused by incongruence between gender identity and sex assigned at birth. (5) Gender Identity: Distinct from sexual orientation and refers to a person’s internal, deeply felt sense of being male, female or something else. (6) Intersex: A medical condition in which a person is born with external genitalia, internal reproductive organs, chromosome patterns, or an endocrine system that does not fit typical definitions of male or female. (7) PREA Compliance Manager: A management staff person designated by the institution functional unit manager with sufficient time and authority to coordinate the facility’s efforts to comply with the federal PREA standards. (8) Transgender and Intersex Committee: A multi-disciplinary working group of DOC officials that reviews and determines appropriate housing assignments, recommends safety plans and provides support for AICs who identify as transgender or intersex. The committee will include at least one individual with knowledge of gender issues facing transgender and intersex AICs. (9) Transgender: A person who identifies with or expresses a gender identity that differs from their assigned sex at birth. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2019, amend filed 12/05/2019, effective 12/05/2019 DOC 10-2017, f. & cert. ef. 6-8-17 DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17 DOC 20-2014, f. & cert. ef. 10-13-14 DOC 15-2014(Temp), f. & cert. ef. 6-25-14 thru 12-22-14
291-210-0040 Facility and Housing Assignments (1) The Transgender and Intersex Committee will collect and review relevant information regarding AICs who identify as transgender or intersex and make appropriate facility and housing assignment decisions on a case-by-case basis. (2) The Transgender and Intersex Committee will notify staff at the receiving facility of facility and housing assignment decisions regarding the AIC prior to the AIC’s transfer. (3) When an AIC is assigned to a facility by the Transgender and Intersex Committee, designated facility staff will determine and assign the AIC to appropriate housing within the facility unless the AIC’s housing assignment has been specifically directed by the Transgender and Intersex Committee. (4) An AIC who identifies as transgender or intersex may not be transferred to another facility without the Transgender and Intersex Committee approval. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2019, amend filed 12/05/2019, effective 12/05/2019 DOC 10-2017, f. & cert. ef. 6-8-17 DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17
291-210-0050 Identification, Assessment, Review, and Management of AICs who Identify as Transgender or Intersex after Facility Assignment (1) Identification after Facility Assignment: If an AIC identifies as transgender or intersex after being assigned to a facility, staff shall notify Behavioral Health Services and the PREA Compliance Manager at the receiving facility. The PREA Compliance Manager will notify the Transgender and Intersex Committee and gather information for the Transgender and Intersex Committee’s review. (2) Appropriate and Professional Questioning: (a) The PREA Compliance Manager shall interview the AIC regarding the AIC’s assigned sex at birth, gender identity, gender expression, and security concerns, and submit information to the Transgender and Intersex Committee for its review. (b) Behavioral Health Services will assess the AIC for gender dysphoria and submit information to the Transgender and Intersex Committee for its review, upon approval from the AIC. (c) Staff shall interview the AIC in a private setting and in a professional manner to avoid subjecting the AIC to the risk of possible abuse or ridicule. (3) Unclothed Searches and Urinalysis Sample Collection: (a) After assignment and delivery to a permanent facility, unclothed searches of the AIC and urinalysis sample collection, for the purpose of drug screening, will ordinarily be conducted by male staff in facilities that are generally designated to house male AICs, and by female staff in facilities that are generally designated to house female AICs. (b) However, the AIC may request approval from the Transgender and Intersex Committee, via an AIC communication form, to have unclothed searches and urinalysis sample collection, for the purpose of drug screening, conducted by security staff of the other gender, subject to staff availability and circumstances. (c) If the AIC’s request is approved by the Transgender and Intersex Committee, security staff shall accommodate the AIC’s stated preference when staff availability and circumstances allow. (4) Department-Issued Clothing: (a) Female undergarments may be issued to and worn by the AIC when assigned to a designated male facility if assigned to the AIC by the PREA Compliance Manager. (b) Male undergarments may be issued to and worn by the AIC when assigned to a designated female facility if assigned to the AIC by the PREA Compliance Manager. (5) Shower and Hygiene: If requested, transgender and intersex AICs shall be given the opportunity to shower separately from other AICs. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2019, amend filed 12/05/2019, effective 12/05/2019 DOC 10-2017, f. & cert. ef. 6-8-17 DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17
309-001-0000 Model Rules of Procedure The Oregon Health Authority (Authority), Health Systems Division (Division), Addiction Services, chapter 309, shall comply with Authority rules in chapter 943 regarding Model Rules of Procedure, Notices of Rulemaking, adoption of Temporary Rules, and Delegation of Rulemaking Authority. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: BHS 7-2018, adopt filed 03/21/2018, effective 04/11/2018
309-008-0250 Required Certifications for Behavioral Health Treatment Services (1) A current certificate is required for each provider offering behavioral health treatment services by contract with the Division, by contract with a public body, or by receipt of other public funds except as provided in subsection (4) of this rule. A provider is considered to contract with a public body or receive public funds where: (a) The provider operates under an intergovernmental agreement, a direct contract with the Division, or a direct contract with one or more CCOs; (b) The provider receives funds administered by the Division or one or more CCOs; (c) The provider is a community hospital, regional acute care psychiatric facility, or nonhospital facility providing care, custody, and treatment for a committed person in custody, or a person on diversion pursuant to ORS 426.070 & 426.140; and (d) The provider is a CMHP operating under 309-014-0000. (2) A current certificate is required for each provider offering behavioral health treatment services by contract with the Division, by contract with a public body, or by receipt of other public funds. (3) An applicant or provider not described in subsection (1) or (2) of this rule offering behavioral health treatment services regulated by the service delivery rules listed in 309-008-0100(2), and reimbursable under group health coverage as set forth in ORS 743A.168, may seek certification pursuant to these rules in order to establish reimbursement eligibility. (4) A certificate under these rules is not required for the following types of providers regardless of whether public funds are received: (a) An individual behavioral health care practitioner otherwise licensed to render behavioral health care services in accordance with applicable statutes by the applicable licensing board; or (b) A behavioral health treatment services provider comprised exclusively of health care practitioners or behavioral health care practitioners otherwise licensed to render behavioral health care services in accordance with applicable statutes by the applicable licensing board; independent of payer or funding source. (5) Certificates are not a substitute for a required license, such as those required in ORS 443.410 and 443.725 for residential facilities. Statutory/Other Authority: ORS 161.390, 161.392, 179.040, 179.505, 413.042, 413.032-413.033, 426.072, 426.140, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870 & 743A.168 Statutes/Other Implemented: 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620, 430.637, 743.556, 813.021 & 813.260 History: MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 12-2016(Temp), f. & cert. ef. 7-29-16 thru 12-27-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
309-008-0500 Response to Application (1) Within 60 days upon receipt of application materials, the Division shall conduct a comprehensive audit of the application materials to determine compliance with these rules: (a) If the application is found to be complete and the materials demonstrate compliance with applicable administrative rules, the Division may contact the applicant to schedule a certification review; (b) If the application is not complete or does not demonstrate compliance, the Division shall provide written notice of the incomplete or noncompliant application describing any necessary amendment to the application. The applicant must submit an amended application to the Division within 14 calendar days of receipt of the Division’s notice. (2) The Division shall issue a written notice of intent to deny completed applications in accordance with ORS 183. (3) An application for certification may be denied when: (a) The applicant’s proposed behavioral health treatment services are not subject to the service delivery rules listed in OAR 309-008-0100(2) and, therefore, are not subject to certification under these rules; (b) The applicant fails to demonstrate the ability to sustain substantial compliance with applicable statutes, administrative rules, or other applicable regulations; (c) The applicant’s operation would threaten the health, welfare, or safety of one or more individuals or the public; or (d) The applicant submits an application within 180 days of a prior application denial or certificate revocation under these rules by the Division. (4) The Division may issue a notice of intent to deny a completed application when: (a) The applicant has previously had any certification or license suspended or revoked by the Division, the Authority, the Department of Human Services, or any other similar state agency outside of Oregon; (b) The applicant employs or contracts with any program staff for whom there is substantiated evidence of abuse, neglect, or mistreatment; (c) The applicant is listed on any current Medicaid exclusion list under OAR 410-120-1380; or (d) The applicant submits false or inaccurate information to the Division. (5) An applicant may withdraw an initial or renewal application at any time prior to the Division acting on the application unless the Division has determined that the applicant submitted false or misleading information in which case the Division may refuse to accept the withdrawal and may issue a notice of proposed denial in accordance with this rule. Statutory/Other Authority: ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870, ORS 743A.168 & 743.556 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637 History: BHS 11-2018, amend filed 05/10/2018, effective 05/10/2018 MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
309-008-0600 Appealing Denial of Application for Certification (1) When the Division has denied an application, the Division shall notify the applicant within 30 days of the denial determination in writing and provide the applicant the opportunity to request a hearing under ORS Chapter 183.411 to 500. Any request for a contested case hearing must be submitted in writing to the Division by the applicant according to the deadline set out in the notice of denial. (2) When the Division has issued a notice of intent to deny an application under these rules in addition to or in lieu of a hearing under ORS Chapter 183, an applicant may request in writing an informal conference with the Division as set forth in OAR 309-008-1200. Statutory/Other Authority: ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870, ORS 743A.168 & 743.556 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637 History: BHS 11-2018, amend filed 05/10/2018, effective 05/10/2018 MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
309-008-0900 Issuing Certificates (1) The Division shall issue an approved applicant a certificate to provide behavioral health treatment services. Every certificate shall: (a) Be signed by the Director; (b) Apply to all approved service delivery locations listed in the accompanying letter; (c) List the service delivery rules under which the applicant or provider is approved to provide services; (d) List the effective and expiration dates of the certificate; (e) List any conditions applied to the certificate; (f) List any variances approved by the Division; and (g) Be accompanied by a letter from the Division noting: (A) All service delivery locations approved under the certificate; and (B) Approved alternative practices related to variances listed on the certificate. (2) After conduct of the certification review, the Division shall issue initial certificates to new applicants that demonstrate substantial compliance with applicable administrative rules and statutes: (a) For up to one calendar year from the date of initial certification; and (b) Initial certifications may be issued with conditions pursuant to this rule. (3) After conduct of the certification review and the plan of correction process where applicable, the Division shall renew the certificate of an applicant with a current certification that demonstrates substantial compliance with applicable administrative rules or statutes: (a) For up to three calendar years from the date of renewal; and (b) Renewal certifications may be issued with conditions pursuant to these rules. Statutory/Other Authority: ORS 161.390, 161.392, 179.040, 179.505, 413.042, 413.032-413.033, 426.072, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870 & 743A.168 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620, 430.637, 813.021 & 813.260 History: MHS 4-2017, f. 5-23-17, cert. ef. 6-1-17 MHS 30-2016(Temp), f. 12-30-16, cert. ef. 1-1-17 thru 6-29-17 MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
309-008-1000 Modification to Certification (1) A provider with a current certificate seeking to open new service delivery locations, relocate current service delivery locations, or provide additional types of treatment services under different service delivery rules must submit a written request for Division approval prior to any such changes: (a) The Division must receive the written request for such changes at least 60 days prior to the desired effective date for any such changes; (b) The Division shall make reasonable efforts to make final determination for approval or disapproval of changes to the certificate within 45 days of receiving the written request. (2) A provider with a current certificate seeking to designate a new program director must submit a written request for Division approval prior to making such a designation: (a) The provider must include copies of relevant qualifications with its written request when designating a new program director; (b) The Division shall make every reasonable effort to review documents and make a final determination regarding whether the proposed program director meets applicable service delivery rule requirements and qualifications within 30 days of receipt of the provider’s written request. The Division shall provide written notice of its determination; (c) When an emergency requires a provider to designate a new program director prior to Division approval: (A) The provider must make every reasonable effort to expediently designate a new program director and must submit a request for the designation to the Division within 15 calendar days of the new designation and include copies of relevant qualifications of the new program director; and (B) The Division shall make every reasonable effort to expediently review the provider’s request for the designation and make a final determination whether the proposed program director meets applicable service delivery rule requirements. The Division shall provide written notice of its determination. Statutory/Other Authority: ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870, ORS 743A.168 & 743.556 Statutes/Other Implemented: 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637 History: BHS 11-2018, amend filed 05/10/2018, effective 05/10/2018 MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
309-008-1200 Informal Conference (1) When the Division issues an Order of Suspension, a notice of intent to revoke, notice of intent to deny an application or notice of refusal to renew the certificate to an applicant or provider pursuant to these rules, the Division shall offer the applicant or provider an opportunity for an informal conference. The applicant or provider shall make its request for an informal conference in writing within 14 calendar days of the issuance of the notice of intent and within 14 calendar days of an Order of Suspension. Upon receipt of a timely written request, the Division shall select a location and time for such a conference. (2) Following the conference, the Division may: (a) Withdraw or amend the notice of intent or suspension order; or (b) Choose not to withdraw the notice of intent or suspension order. (3) The Division shall provide written notice of its decision under section (2) of this rule within 14 calendar days of the informal conference. (4) Informal conferences regarding conditions are not described in this rule and instead are described in OAR 309-008-0905. Statutory/Other Authority: ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870 & ORS 743A.168 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637 History: BHS 11-2018, amend filed 05/10/2018, effective 05/10/2018 MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 MHS 4-2017, f. 5-23-17, cert. ef. 6-1-17 MHS 30-2016(Temp), f. 12-30-16, cert. ef. 1-1-17 thru 6-29-17 MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
309-008-1300 Hearings (1) An applicant or provider who issued a notice of intent to revoke, impose conditions, or refuse to renew its certificate under these rules shall be entitled to request a hearing in accordance with ORS Chapter 183. (2) When the Division orders the imposition of a condition or orders immediate suspension of a certificate under the provisions of this rule, the provider shall be entitled to request a hearing in accordance with ORS Chapter 183. Statutory/Other Authority: ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870 & 743A.168 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637 History: BHS 11-2018, amend filed 05/10/2018, effective 05/10/2018 MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 MHS 4-2017, f. 5-23-17, cert. ef. 6-1-17 MHS 30-2016(Temp), f. 12-30-16, cert. ef. 1-1-17 thru 6-29-17 MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
309-008-1400 Information to CCOs and Other Health Plans (1) Upon completion of the site review process and the issuance of a certificate, the Division will make copies of the following information available to Coordinated Care Organizations and other health plans for the purpose of credentialing a provider: (a) A current program description that reflects the type and scope of behavioral health treatment services provided by the provider; (b) Provider policies and procedures regarding the provider’s credentialing practices of individual clinicians; (c) Statements of provider’s liability insurance coverage; (d) An attestation from the Division verifying that the provider has passed a screening and meets the minimum requirements to be a Medicaid provider, where applicable; (e) Reports detailing the findings of the Division’s certification review of the provider; (f) The provider’s Medicaid Vendor Identification Number issued by the Division, where applicable; (g) Copies of the provider’s policies and procedures regarding seclusion and restraint practices; and (h) Copies of the provider’s Code of Conduct. Statutory/Other Authority: ORS 161.390, 161.392, 179.040, 179.505, 413.042, 413.032-413.033, 426.072, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870, 743A.168 & 743.556. Statutes/Other Implemented: 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620, 430.637, 813.021 & 813.260. History: MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16