justicedao/ipfs_state_laws huggingface dataset:
309-032-0341 Rights of Eligible Individuals (1) In addition to all applicable statutory and constitutional rights, every eligible individual receiving services has the right to: (a) Choose from available services and supports; (b) Be treated with dignity and respect; (c) Have all services explained, including expected outcomes and possible risks; (d) Confidentiality and the right to consent to disclosure in accordance with ORS 107.154, 179.505, 192.515 and 42 CFR Part 2 and 45 CFR Part 205.50; (e) Give informed consent to services in writing prior to the start of services, except in a medical emergency or as otherwise permitted by law; (f) Inspect their Individual Service Record in accordance with ORS 179.505; (g) Not participate in experimentation; (h) Receive medications specific to the individual’s diagnosed clinical needs; (i) Receive prior notice of service conclusion or transfer, unless the circumstances necessitating service conclusion or transfer pose a threat to health or safety; (j) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation; (k) Have religious freedom; (l) Be informed at the start of services and periodically thereafter of the rights guaranteed by these rules; (m) Be informed of the policies and procedures, service agreements and fees applicable to the services provided, and to have a custodial parent, guardian or representative assist with understanding any information presented; (n) Have family involvement in service planning and delivery; (o) Make a declaration for mental health treatment, when legally an adult; (p) File grievances, including appealing decisions resulting from the grievance; and (q) Exercise all rights described in this rule without any form of reprisal or punishment. (2) The provider will give to the individual and if applicable, to the guardian, a document that describes the preceding individual rights. (a) Information given to the individual must be in written form or, upon request, in an alternative format or language appropriate to the individual’s need; (b) The rights and how to exercise them will be explained and (c) Individual rights will be posted in writing in a common area. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.610 – 430.695 History: MHS 2-2012, f. & cert. ef. 2-9-12 MHS 9-2011(Temp), f. & cert. ef. 11-22-11 thru 5-18-12 MHS 7-2011, f. & cert. ef. 9-26-11
309-032-0351 Enrollment and Record Requirements (1) An individual’s eligibility shall be determined and documented at the earliest possible date. (2) A record shall be maintained for each enrolled individual receiving services under this rule. The record shall contain the following: (a) An enrollment form which includes: (A) The individual’s name and PATH enrollment date; (B) A list or description of the criteria determining the individual’s PATH eligibility; and (C) The individual’s PATH services discharge date. (b) A plan defining the enrolled individual’s goals and service objectives including one or more of the following: (A) Accessing community mental health services for the eligible individual, which includes reviewing the plan not less than once every three months; (B) Accessing and coordinating needed services for the eligible individual, as detailed in these rules. (C) Accessing income and income support services, including housing assistance, food stamps, and supplemental security income; and (D) Referral to other appropriate services. (c) Progress notes that provide an on-going account of contacts with enrolled individual, a description of services delivered, and progress toward the enrolled individual’s service plan goals; and (d) A termination summary describing reasons for the enrolled individual no longer being involved in service. (3) A record shall be maintained for individuals served but not yet enrolled under the provisions of these rules. The record shall contain: (a) A description of the potentially eligible individual, which may include but not be limited to: (A) A physical description of the individual; (B) The location where the individual was served; and (C) A description of the individual’s personal belongings. (b) A preliminary assessment of the potentially eligible individual’s needs based on available information; and (c) A record of where and when contacts with the potentially eligible individual were made and the outcome of those contacts. (4) Records shall be confidential in accordance with ORS 179.505, 45 CFR Part 2 and OAR 309-032-1535 pertaining to individuals’ records. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.610 – 430.695 History: MHS 2-2012, f. & cert. ef. 2-9-12 MHS 9-2011(Temp), f. & cert. ef. 11-22-11 thru 5-18-12 MHS 7-2011, f. & cert. ef. 9-26-11
309-032-0850 Purpose These rules prescribe standards and procedures for regional acute care psychiatric services for adults. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.630 & 430.640 History: MHS 8-2017, f. & cert. ef. 6-23-17 MHS 22-2016, f. & cert. ef. 12-1-16 MHD 8-1994, f. & cert. ef. 11-28-94
309-032-0890 Variances (1) The Division may grant variances to a regional acute care psychiatric service if implementation of the proposed alternative services, methods, concepts, or procedures would result in services or systems that meet or exceed the standards in these rules. (2) Application for a variance to these or other applicable rules shall be obtained pursuant to the process governed by OAR 309-008-1600. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.630 & 430.640 History: MHS 8-2017, f. & cert. ef. 6-23-17 MHS 22-2016, f. & cert. ef. 12-1-16 MHD 8-1994, f. & cert. ef. 11-28-94
309-033-0200 Statement of Purpose and Statutory Authority (1) Purpose. These rules prescribe general standards and procedures relating to the involuntary civil commitment of persons with mental illness as defined in ORS 426.005. (2) Statutory authority. These rules are authorized by ORS 426.005 through 426.395 and carry out the provisions of 426.005 through 426.395. These rules replace OAR 309-033-0100 through 309-033-0170, which were in effect from September 2, 1992 through August 31, 1994. Statutory/Other Authority: ORS 413.042 & ORS 426.005 - 426.395 Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0000
309-033-0225 Variances (1) Criteria for a variance. Variances to rules in Oregon Administrative Rules Chapter 309, Division 33 may be granted to a Community Mental Health Program (CMHP), provider, or facility if there is a lack of resources to implement the standards required in this rule or if implementation of the proposed alternative services, methods, concepts, or procedures would result in services or systems that meet or exceed the standards in these rules and is pursuant to relevant Oregon Revised Statutes. (2) Variance application. The CMHP, provider, or facility requesting a variance shall submit, in writing, an application to the Division which contains the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) The alternative practice, service, method, concept or procedure proposed; (d) A plan and timetable for compliance with the section of the rule from which the variance is sought; and (e) Signed documentation from the council indicating its position on the proposed variance. (3) Division review. The Division or designee of the Division shall approve or deny the request for a variance. (4) Notification. The Division shall notify the CMHP, provider, or facility of the decision. This notice shall be given to the CMHP, provider, or facility, with a copy to the council, within 30 days of the receipt of the request by the Division. (5) Appeal application. Appeal of the denial of a variance request shall be made in writing to the Division, whose decision shall be final. (6) Written approval. The CMHP, provider, or facility may implement a variance only after written approval from the Division. The Intergovernmental Agreement shall be amended to the extent that the variance changes a term in that agreement. (7) Duration of variance. A variance shall be initially approved, at maximum, for a period not to exceed two years, though may be shorter depending on the Division’s decision. Variances shall be reviewed by the Division at least every two years for continued need. Statutory/Other Authority: ORS 413.042 & 426.060-426.500 Statutes/Other Implemented: ORS 426.005-426.395 History: BHS 9-2023, adopt filed 04/04/2023, effective 04/07/2023
309-033-0265 The Authority’s Denial of Payment for Services to Persons in Custody or on Diversion (1) The Authority denial. The Authority shall deny part or all payment for services for a person in custody or on a diversion only when the Authority determines that there is insufficient evidence to reasonably support the belief that the person in custody demonstrated: (a) Living with a mental disorder; and (b) Dangerousness to self or others as evidenced by thoughts, plans, means, actions, history of dangerousness or other indicators of imminent dangerousness which Division believes are within accepted community standards of professional knowledge. (2) The Authority consultation with Licensed Independent Practitioner (LIP). When making a determination under this rule which is primarily based on accepted community standards of professional knowledge, the Authority shall consult with a LIP. (3) Information payer must submit. When making a request for denial of payment, the payer responsible for the services provided to the person in custody or on diversion under ORS 426.241 shall submit the following to the Authority: (a) A statement requesting the Authority review the appropriateness of the hold or diversion for the purpose of approving denial of part or all payment for services rendered; (b) An explanation of why the payer believes the services provided to the person in custody or on diversion do not meet criteria described in ORS 426.232, 426.233 or 426.237; (c) Any documentation which supports the payer’s belief that the services provided to the person in custody or on diversion were inappropriate. (4) Clinical records to be submitted. At the request of the Authority, as provided by ORS 426.241(5)(b), the following shall submit clinical records and other documents requested relating to the services in question to the Division: (a) A hospital or a nonhospital facility approved under OAR 309-033-0530; (b) A LIP or person providing services to the person in custody or on diversion. Statutory/Other Authority: 413.042, 426.005, 426.060, 426.110(2), 426.232 & 426.236 Statutes/Other Implemented: 426.241 History: BHS 7-2024, adopt filed 04/30/2024, effective 05/28/2024
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 commitment who is placed in a community hospital or other community facility: (a) The director shall discharge a person from civil commitment when: (A) Release from treating facility. The director believes the person under civil commitment is no longer a person with mental illness as defined in ORS 426.005, and the person is to be released from the treating facility. (B) Transfer to voluntary status. The director believes it is in the best interest of the person to transfer to voluntary status, but the person is to remain at the treating facility. (b) The director shall discharge a person from civil commitment by notifying the last committing court and the court of residence, pursuant to the provisions of ORS 426.300. (2) Persons required to notify director prior to discharge. The following persons shall notify the director of the county of commitment 48 hours before discharging a person from a hospital, nonhospital or residential facility, or outpatient treatment: (a) If the person under civil commitment is in a state hospital, the superintendent or designee shall notify the director; (b) If the person under civil commitment is in a hospital serving as a regional acute care hospital or a private hospital, the treating Licensed Independent Practitioner shall notify the director; (c) If the person under civil commitment is placed in a nonhospital or residential facility, the administrator of the facility shall notify the director; (d) If the person is placed with an outpatient treatment provider or program, the administrator of the program where the person is receiving outpatient treatment shall notify the director. (3) Procedures for discharge. The director shall give written notice to the person under civil commitment within thirty days after the civil commitment was discharged. The notice shall state the date the civil commitment expired or was discharged. A copy of the notice shall be kept in the person’s clinical record. Statutory/Other Authority: ORS 413.042 & 426.300 Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 BHS 17-2022, temporary amend filed 10/14/2022, effective 10/14/2022 through 04/11/2023 MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0140
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 are authorized by ORS 426.005 through 426.395 and carry out the provisions of ORS 426.005 through 426.395. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 MHD 7-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-205-0000
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 shall only be used for health and safety reasons. Mechanical restraint that results in injury to the person requires immediate written notification to the Division. (2) Checking a person in a mechanical restraint: (a) The provider shall monitor the client’s need for adequate circulation; (b) Staff shall document that the client was checked and appropriate attention paid to the person’s needs. (3) A Secure transport provider shall have adequately trained employees who are transporting a person in custody or on diversion; (a) The employee shall participate in four hours of training annually, in supportive interaction, redirection, de-escalation and the management of aggressive behavior, and the proper application of mechanical restraint and standards for the proper use of mechanical restraint; (b) The employee shall not use threats, intimidation, coercion, or the display of defensive tools such as batons, mace, or weapons as behavioral interventions or to compel compliance; (c) Annual training curriculum shall include: Job duties and responsibilities, a review of provider’s policies and procedures, universal precautions and infection control guidelines, and mandatory abuse reporting for children and adults; (d) The employee shall maintain current certification in first aid and cardiopulmonary resuscitation; (e) Within 90 days of the date of hire, the employee shall complete certification in a nationally recognized safe driving course and complete all activities required to maintain certification. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 24-2022, amend filed 12/20/2022, effective 12/20/2022 MHD 10-2000, f. & cert. ef. 7-21-00 MHD 3-2000(Temp), f. 1-25-00, cert. ef. 1-25-00 thru 7-22-00
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 rules are authorized by ORS 426.395, and 426.005 through 426.395 and carry out the provisions of ORS 426.005 through 426.395. Statutory/Other Authority: ORS 413.042 & 426.060 - 426.500 Statutes/Other Implemented: ORS 426.005 - 426.395 History: MHD 8-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-210-0000
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 civil commitment pursuant to ORS 426.130, or a person in custody pursuant to ORS 426.232, 426.233, or on diversion pursuant to 426.237. (2) Class 1. A Class 1 facility is: (a) A facility that is approved under applicable administrative rules to be locked to prevent a person from leaving the facility, to use seclusion and restraint, and to involuntarily administer psychiatric medication, including a hospital, regional acute psychiatric care facility or other nonhospital facility approved under OAR 309-033-0530; (b) A state hospital or a residential facility operated by a state hospital on a state hospital campus; or (c) A facility which, in the opinion of the Division, restricts the liberty of a person to substantially the same degree as other facilities in this class. (3) Class 2. A Class 2 facility is a facility that is approved under applicable administrative rules to be locked to prevent a person from leaving the facility. This class of facility includes: (a) A secure residential facility that is approved under OAR 309-035-0100 through 309-035-0190 and that is approved by the Division to be locked to prevent a person from leaving the facility; (b) A facility which, in the opinion of the Division, restricts the liberty of a person to substantially the same degree as other facilities in this class. (4) Class 3. A Class 3 facility is a residential facility that is approved under OAR 309-035-0100 through 0309-035-0190 that is not otherwise included in another class of facility. A Class 3 facility shall not lock its doors to prevent a person from leaving the facility. Statutory/Other Authority: ORS 413.042 & 426.238 Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 BHS 12-2021, amend filed 06/16/2021, effective 06/16/2021 BHS 13-2020, temporary amend filed 10/21/2020, effective 10/21/2020 through 04/18/2021 MHD 8-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-210-0030
309-033-0600 Temporary rule language in effect until 06/29/2026. 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) Statutory authority. These rules are authorized by ORS 426.385 and carry out the provisions of 426.005 through 426.395. Statutory/Other Authority: ORS 413.042, 426.385 & HB 2005 (2025) Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 30-2025, temporary amend filed 12/29/2025, effective 01/01/2026 through 06/29/2026 BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 MHD 9-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-215-0000
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 through 309-033-0560 may administer medication and treatment without the informed consent of a person in custody. (2) Grounds for the administration of medication and treatment without informed consent. As provided by ORS 426.072(2)(c), a LIP shall administer medication and treatment to a person in custody without obtaining prior informed consent, only in the following circumstances: (a) If an emergency exists as described in OAR 309-033-0210; or (b) If the LIP, in consultation with another LIP or qualified mental health professional, the person is unable to give informed consent as described in OAR 309-033-0620. (3) Procedures and limitations for the administration of medication or treatment without consent. When administering medication or treatment without the informed consent of a person in custody, the LIP shall: (a) Administer medication and treatment in accordance with medical standards in the community; (b) Not administer electro-shock therapy or unduly hazardous treatment as set forth in ORS 426.072; (c) Document in the person’s clinical record the specific nature of each emergency and the procedure that was used to deal with the emergency, or if the person is unable to give consent, document that fact in the person’s clinical record; (d) If the person is a minor or has a guardian, make a reasonable effort to contact the legal guardian prior to the administration of medication or treatment, but if efforts to contact the guardian are not successful, the LIP may only administer medication or treatment in an emergency and shall notify the legal guardian as soon as possible, otherwise the LIP shall not administer medication until consent is obtained from the guardian; (e) Review the medication and treatment with the treatment team within a reasonable period of time after the medicine or treatment is administered without consent and, if applicable, administer medication or treatment designed to correct the behavior creating the emergency; (f) Not continue to administer medication or treatment after the emergency has subsided or the person has regained the ability to consent to treatment, without obtaining the person’s informed consent; and (g) Immediately proceed as provided in OAR 309-033-0600 through 309-033-0650 if the person who was in custody is under civil commitment and the LIP believes the person remains unable to give consent and it is necessary to continue involuntary administration of medication or treatment; the LIP may only continue the administration of medication or treatment under the provisions of 309-033-0625 for seven days pending a decision under 309-033-0640. Statutory/Other Authority: ORS 413.042, 426.072, 426.231 & 426.236 Statutes/Other Implemented: ORS 426.005 – 426.395 History: BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 MHS 5-2007, f. & cert. ef. 5-25-07