justicedao/ipfs_state_laws huggingface dataset:
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 with these rules, including providing sample evaluations for review in order to maintain certification, is not responsible for any failure by another individual or agency to maintain confidentiality, in regard to these rules. Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378-386, 161.360-370, 161.392, 419C.411 & 419C.520-529 History: BHS 14-2023, amend filed 05/31/2023, effective 06/01/2023 BHS 13-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12
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) The applicant for initial or recertification attempted to procure a certification through fraud, misrepresentation or deceit; (b) The applicant for initial or recertification submits to the Authority any notice, statement or other document required for certification which is false or untrue, or contains any material misstatement or omission of fact; (c) The applicant for initial or recertification has been convicted of a felony; or (d) The applicant for initial or recertification fails to meet the requirements for receiving certification or recertification. (2) An applicant’s certification may be revoked for any of the following reasons: (a) The evaluator fails to meet any of the applicable requirements of these rules; (b) The applicant loses his or her professional license for any reason; (c) The Authority accepts one or more complaints regarding the content of written reports; the forensic review panel reviews the complaints and determines that the deficiencies in the reports represent a substantial departure from the standards of practice established by these rules. Complaints regarding content are limited to standards set forth in OAR 309-090-0025. (3) The Authority may immediately suspend an evaluator’s certification in the event of a situation in which the Authority determines that immediate action is necessary, such as receipt of a serious complaint which has not yet been fully reviewed by the Authority. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378 - 386, 161.360-370, 161.392, 419C.411 & 419C.520-529 History: BHS 14-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14
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 complaint. (2) Complaints considered by the Authority must be limited to standards for content of written forensic evaluation reports as set forth in OAR 309-090-0025. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378 - 386, 161.360-370, 161.392, 419C.411 & 419C.520-529 History: BHS 15-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14
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 to whether or not the deficiencies represent a substantial departure from the standards of practice established by these rules. (2) If the Authority determines that there is substantial departure from the standards set forth in OAR 309-090-0025, the Authority in consultation with the forensic evaluation review panel shall provide written notice to the evaluator which may include recommended remediation steps provided by the review panel, denial of certification, or revocation of certification. (3) If a remediation plan is recommended by the review panel, an evaluator shall have 30 days from the date of notice to respond with a written plan for remediation. If the Authority approves the plan, the evaluator shall maintain Temporary Certification status for up to six months at which time the Authority shall l determine whether the issues raised have been adequately addressed. (a) If the issues raised have been adequately addressed, the Authority shall withdraw its notice and grant or restore Full Certification. (b) If the issues have not been adequately addressed, the Authority may proceed with denial or revocation of certification and shall provide notice of the applicant’s right to appeal, pursuant to the provisions of ORS Chapter 183. (4) If certification is denied or revoked and evaluator may request reconsideration by the Director of the Authority by submitting a written request within 15 business days of receiving notice. (5) Individuals making complaints on issues determined to be not covered by these rules may be referred to the appropriate licensing boards. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 161.360-370, 161.392, 419C.378-386, 419C.411 & 419C.520-529 History: BHS 16-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14
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 attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378 - 386, 161.360-370, 161.392, 419C.411 & 419C.520-529 History: BHS 17-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14
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 recovery needs cannot be met in a community treatment setting. (2) These rules apply to all individuals admitted into any state hospital setting, and address differences which occur due to each individual’s legal status. 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, cert. ef. 5-4-12 MHS 16-2011(Temp), f. 12-29-11, cert. ef. 1-1-12 thru 6-29-12
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 current civil commitment order, or the individual’s legal guardian or health care representative must have signed consent for admission; (3) There must be recent documentation by a Psychiatrist, Psychiatric Nurse Practitioner, Psychologist, Licensed Clinical Social Worker, or Physician’s Assistant that the individual is experiencing Serious and Persistent Mental Illness; and (4) The current symptoms must be of such severity that the resulting symptoms require extended placement in a 24-hour medically supervised psychiatric hospital. Severity is established by a determination of: (a) The degree of dangerousness to self; (b) The degree of dangerousness to others; and (c) The degree of the individual’s inability to meet his or her basic health and safety needs. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 179.321, 426.010, 426.020 & 426.072 History: BHS 8-2019, amend filed 06/24/2019, effective 06/24/2019 BHS 1-2019, temporary amend filed 01/04/2019, effective 01/04/2019 through 07/02/2019 MHS 6-2012, f. 5-3-12, cert. ef. 5-4-12 MHS 16-2011(Temp), f. 12-29-11, cert. ef. 1-1-12 thru 6-29-12
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 acute or existing medical or surgical condition which requires primary placement in a medical setting and which cannot be safely or adequately treated within a state hospital facility; (b) Delirium; (c) Neurodevelopmental Disorders; (d) Neurocognitive Disorders; (e) Substance Use or Substance Abuse Disorders; or (f) Personality Disorder, except Borderline and Schizotypal Personality Disorders, with psychotic symptoms. (3) Administrative transfers from the Oregon Department of Corrections of individuals for the purpose of treatment may occur in accordance with OAR 291-047-0021. Individuals civilly committed upon discharge from the Oregon Department of Correction must meet the admission criteria and the process defined in this rule. (4) Administrative transfers from the Oregon Youth Authority of individuals over the age of 18 for the purpose of stabilization and evaluation not exceeding 30 days may occur in accordance with OAR 416-425-020. (a) Individuals transferred for the purpose of stabilization and evaluation for a period of time exceeding 30 days may occur in accordance with OAR 416-425-020. (b) Individuals over the age of 18 who are civilly committed upon discharge from the Oregon Youth Authority must meet the admission criteria and the process defined in this rule. (5) Individuals ending jurisdiction of Department of Corrections, Oregon Youth Authority (if over 18 years of age), Psychiatric Security Review Board, and those committed to OSH under ORS 161.315, 161.365, or 161.370, may only be admitted according to the criteria and process outlined in this rule. (a) On rare occasions, individuals who are housed at OSH, may continue to stay at OSH, when civilly committed, without first being admitted to acute care. (6) Individuals, and guardians on behalf of a protected person, may make a request for admission, directly to the Superintendent of the Oregon State Hospital. (a) an individual, or guardian, will submit a written request, including any additional documentation supporting the request, to the Superintendent, or designee. (b) The Superintendent, or designee, will review the request. If the Superintendent, or designee, determines that the individual is in need of immediate care for mental illness, the individual may be admitted, independent of admission criteria and process defined in this rule. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 179.321, 426.010, 426.020 & 426.072 History: BHS 8-2019, amend filed 06/24/2019, effective 06/24/2019 BHS 1-2019, temporary amend filed 01/04/2019, effective 01/04/2019 through 07/02/2019 MHS 6-2012, f. 5-3-12, cert. ef. 5-4-12 MHS 16-2011(Temp), f. 12-29-11, cert. ef. 1-1-12 thru 6-29-12
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 discharge readiness. (3) The state hospital will make clinical recommendations for services needed to support the continuity of care to maintain the individual’s stability in the community. (4) The responsible party must arrange housing, treatment and other services assessed as needed to support the continuity of care necessary to maintain the individual’s stability in the community. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 179.321, 426.010, 426.020 & 426.072 History: BHS 8-2019, amend filed 06/24/2019, effective 06/24/2019 BHS 1-2019, temporary amend filed 01/04/2019, effective 01/04/2019 through 07/02/2019 MHS 6-2012, f. 5-3-12, cert. ef. 5-4-12 MHS 16-2011(Temp), f. 12-29-11, cert. ef. 1-1-12 thru 6-29-12
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 admission criteria established in these rules. (2) The state hospital retains the authority to solely determine when someone no longer needs state hospital level of care based on standardized criteria adopted by the hospital. (3) An individual determined ready to transition may later be determined not ready to transition, and removed from the ready to transition list. (4) Prior to an individual no longer needing state hospital level of care, the hospital will collaborate with the responsible party, to recommend services and supports for the patient. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 179.321, 426.010, 426.020 & 426.072 History: BHS 8-2019, amend filed 06/24/2019, effective 06/24/2019 BHS 1-2019, temporary amend filed 01/04/2019, effective 01/04/2019 through 07/02/2019 MHS 6-2012, f. 5-3-12, cert. ef. 5-4-12 MHS 16-2011(Temp), f. 12-29-11, cert. ef. 1-1-12 thru 6-29-12
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, cert. ef. 5-4-12 MHS 16-2011(Temp), f. 12-29-11, cert. ef. 1-1-12 thru 6-29-12
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 insanity of a misdemeanor will be discharged when approved by the Superintendent of the state hospital. (3) Individuals whose jurisdiction under the PSRB has ended as identified by the state hospital Legal Department shall be allowed to discharge of the final day of PSRB jurisdiction unless the hospital determines the need for civil commitment or some other legal hold. (4) The responsible party will assess individuals ending jurisdiction and when determined appropriate, arrange housing, treatment and other services assessed as needed to support the continuity of care necessary to maintain the individual’s stability in the community. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 179.321, 426.010, 426.020 & 426.072 History: BHS 8-2019, amend filed 06/24/2019, effective 06/24/2019 BHS 1-2019, temporary amend filed 01/04/2019, effective 01/04/2019 through 07/02/2019 MHS 6-2012, f. 5-3-12, cert. ef. 5-4-12 MHS 16-2011(Temp), f. 12-29-11, cert. ef. 1-1-12 thru 6-29-12
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 to a jail. (2) Individuals committed to the state hospital pursuant to ORS 161.370 shall be discharged from the state hospital upon any of the following: (a) The court orders that the individual be discharged from the state hospital or that the underlying criminal charges be dismissed; (b) When the ORS 161.370 or 161.365 evaluation report identifies that the patient is fit to proceed (“able”) or that there is no substantial probability that the patient will gain or regain fitness to proceed (“never able”) when the patient has reached the maximum commitment time under ORS 161.370, 161.371 or 161.365. (3) The state hospital shall send notice of the evaluation finding to the court pursuant to ORS 161.370 or 161.365. (4) Individuals who are committed under ORS 161.370 shall be discharged within a period of time that is reasonable for making a determination concerning whether or not and when the defendant may gain or regain capacity. However, regardless of the number of charges with which the defendant is accused, in no event shall the defendant be committed for longer than permitted by ORS 161.371 or pursuant to a court’s order, whichever is shorter. Statutory/Other Authority: ORS 161.370 & ORS 413.042 Statutes/Other Implemented: ORS 161.370, HB 2308 (2017), ORS 179.321, ORS 426.010, ORS 426.020, ORS 179.360 & SB432 (2011) History: BHS 7-2023, amend filed 03/08/2023, effective 03/27/2023 BHS 19-2022, temporary amend filed 11/10/2022, effective 11/10/2022 through 05/08/2023 BHS 8-2019, amend filed 06/24/2019, effective 06/24/2019 BHS 1-2019, temporary amend filed 01/04/2019, effective 01/04/2019 through 07/02/2019 BHS 14-2018, amend filed 06/27/2018, effective 07/10/2018 MHS 1-2018, temporary amend filed 02/02/2018, effective 02/02/2018 through 07/31/2018 MHS 3-2016, f. & cert. ef. 4-28-16 Reverted to MHS 6-2012, f. 5-3-12, cert. ef. 5-4-12 MHS 7-2015(Temp), f. & cert. ef. 10-28-15 thru 4-22-16 MHS 6-2012, f. 5-3-12, cert. ef. 5-4-12 MHS 16-2011(Temp), f. 12-29-11, cert. ef. 1-1-12 thru 6-29-12
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: BHS 4-2024, amend filed 03/20/2024, effective 03/20/2024 BHS 40-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024 BHS 29-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 11-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHS 1-2012, f. & cert. ef. 2-9-12 MHS 8-2011(Temp), f. & cert. ef. 10-27-11 thru 4-20-12 MHS 5-2011, f. & cert. ef. 8-3-11
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 certain mail. (2) Any item retained from a patient’s mail, journalist, legal, or official mail, or package must be clearly marked to identify, at minimum, the date of the inspection and retention, the patient’s name, the name and address of the sender, a description of the held or disposed items, and both the printed name and the signature of the OSH staff member conducting the process. The item must then be handled as provided in these rules and OAR chapter 309, division 108. (3) When any item is confiscated by a law enforcement agency, each part of the process must be documented in the patient’s chart with, at minimum, the date of inspection and confiscation, the patient’s name, the name and address of the sender, a description of the confiscated item or items, and both the printed name and the signature of the OSH staff member who witnessed the law enforcement’s confiscation. (4) All documentation related to any held item must be in writing and kept in the patient’s chart. OSH security staff must also retain written documentation related to any held item. Patient must receive a legible copy of each document, unless OSH has good cause to believe that providing a copy of the documentation would: (a) Increase the risk to the safety or security of OSH; or (b) Impact an ongoing criminal investigation or proceeding. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.360 & 426.385 History: BHS 27-2024, amend filed 11/13/2024, effective 01/19/2025 BHS 21-2024, temporary amend filed 07/24/2024, effective 07/24/2024 through 01/19/2025 BHS 4-2024, amend filed 03/20/2024, effective 03/20/2024 BHS 40-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024 BHS 29-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 11-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHS 1-2012, f. & cert. ef. 2-9-12 MHS 8-2011(Temp), f. & cert. ef. 10-27-11 thru 4-20-12 MHS 5-2011, f. & cert. ef. 8-3-11
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 provisions of 426.385 and 427.031. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 179.040 & 413.042 History: MHD 28-1982, f. 12-28-82, ef. 1-28-83
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 is receiving care and treatment in a state institution for the mentally ill. (4) “Qualified Mental Retardation Professional” means a person who meets the professional requirements prescribed by 42 CFR 442.401 or as amended. (5) “Resident” means a person who is receiving care, treatment, and training in a state institution for the mentally retarded. (6) “State Institution” means Dammasch State Hospital in Wilsonville, Oregon State Hospital in Salem, Fairview Training Center in Salem, and Eastern Oregon Hospital and Training Center in Pendleton. (7) “Superintendent” means the executive head of a state institution listed in section (6) of this rule. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 179.040 & 413.042 History: MHD 28-1982, f. 12-28-82, ef. 1-28-83