justicedao/ipfs_state_laws huggingface dataset:
415-057-0020 Program Approval and Variances (1) In order to receive a Letter of Approval or license from the Division, a program will meet the standards of OAR 415-012-0000 to 415-012-0090 and any other administrative rules applicable to the program. (2) Requirements and standards for requesting and granting variances or exceptions to these rules for programs are found in OAR 415-012-0090. (3) The denial, revocation, or suspension of a letter of approval or license for the program may be based on any of the grounds set forth in OAR 415-012-0060. (4) In addition to the grounds set forth in OAR 415-012-0060, the Assistant Director may deny, revoke, refuse to renew, or suspend a letter of approval or license when he or she determines that the issuance or continuation of the letter of approval or license would be inconsistent with the public interest. In determining the public interest, the assistant Director will consider the following factors, or any one of them, which apply to the applicant, licensee, or any person holding a 5 percent or greater financial interest in the program or which apply to the medical director, program manager, clinical supervisor, or program staff: (a) Any convictions under any federal or state law relating to any controlled substance or related to such person’s involvement in the administration of a state-or federally-funded public assistance or treatment program; (b) Furnishing of false or fraudulent material in any application for a letter of approval; or (c) Any other factors relevant to, and consistent with, the public health or safety. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: Reverted to ADS 2-2010, f. & cert. ef. 5-6-10 ADS 4-2016(Temp), f. & cert. ef. 8-10-16 thru 2-5-17 ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0050 Admission Policies and Procedures (1) The program will have a written policy and procedure that describes criteria to admit clients to the program. The policy and procedure will be made available to clients, program staff, and the community. The written procedure will include: (a) Criteria for accepting or refusing admission based on the DOC individual Oregon Corrections Plan and DSM-IV criteria; (b) Documentation that all admissions have been found appropriate for services according to the DOC individual Oregon Corrections Plan and DSM-IV criteria; and (c) Guidelines for making referrals for individuals not admitted to the program. (2) The program will give orientation materials to the client upon arrival to the program and document client receipt of orientation materials in the permanent client record. Written program orientation materials include: (a) The program's philosophical approach to treatment; (b) A description of the treatment services; (c) Information on clients' rights and responsibilities, including confidentiality; and (d) Information on the rules governing clients' behavior and those infractions that may result in removal from the program or other actions. At a minimum, the rules will state the consequence of using Alcohol and Other Drugs, absences from appointments, and failure to participate in the planned treatment activities. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0060 Comprehensive Diagnostic Assessment (1) Written Procedure: The program will develop and implement a written procedure for assessing each client’s treatment needs that includes collection and assessing data obtained through interview, observation, testing, and review of previous treatment or other written records. (2) Assessment: The diagnostic assessment will be documented in the permanent client record. The assessment will include: (a) Clinical formulation of presenting problems; the six dimensions of the ASAM PPC 2-R; important biological, psychological and social factors; medical and trauma history; clinical events and course of substance use or mental illness including onset, duration and severity of presenting concerns; consumer or family expectations for recovery; justification for treatment services and prognosis; current medication regime; and data to support a DSM Five-axis Diagnosis; (b) A Criminal Risk Factor Assessment and the individual Oregon Corrections Plan; (c) Documentation of the client’s self-identified cultural background, including level of acculturation, knowledge of own culture, primary language, spiritual or religious interests, and cultural attitude about Alcohol and Other Drugs use; (d) The date of the assessment; (e) The signature, signature date, and credentials of the program staff member completing the assessment; and (f) If Alcohol and Other Drugs treatment is not appropriate or contraindicated, include a written statement justifying the determination. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0070 Treatment Planning and Documentation of Treatment Progress (1) An individualized treatment plan will be developed and placed in the client record no later than 14 days from placement in the program. The treatment plan will include: (a) The primary client-centered problems and strengths as determined by the client, the DOC individual Oregon Corrections Plan and the comprehensive diagnostic assessment; (b) Individualized treatment objectives that were developed in collaboration with the client; (c) Applicable service and support delivery details including frequency and duration of each service; (d) Documentation of participation of any supportive person involved in the development of the treatment plan or client’s refusal to include any supportive person; (e) The date and signature of the client; and (f) The signature of the program staff with credentials and date of the signature. (2) At a minimum of once every seven days, program staff will document in the permanent record a comprehensive summary of the client’s progress toward achieving the individualized treatment objectives in the client’s treatment plan and any current obstacles to recovery and include documentation of any participation of the supportive person in treatment services or activities, and their input of client’s progress toward individualized treatment objectives. (3) The individual treatment plan will be reviewed and modified with the client, assigned program staff and any supportive person every 30 days, or more often as clinically appropriate. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0080 Continuing Care Planning (1) Continuing care planning will begin no less than 45 days prior to the client’s anticipated discharge from the program. Continuing care planning will include: (a) At least one continuing care staffing, in person or by telephone, between the client, treatment program representatives, DOC institution transition representatives, a post-prison community corrections representative, community-based continuing care representatives, and any supportive person (s); (b) Referrals to continuing care community-based Alcohol and Other Drugs and mental health treatment providers; and (c) Documentation that contact was made with the community continuing care services provider to schedule an appointment within seven days of the client’s anticipated release from the program. (2) No less than 14 days prior to the client’s anticipated discharge from the program, a comprehensive treatment summary will be written and placed in the permanent client record. Copies of the document will be sent to the DOC institution transition staff, continuing care provider and to the community corrections representative. The summary will include: (a) A copy of a valid Consent To Release Information form; (b) A copy of the comprehensive diagnostic assessment and latest treatment plan; (c) A summary of the client’s treatment history, progress in meeting individualized treatment objectives and any unresolved problem areas client is continuing to address from the treatment plan; (d) A current level of care assessment that is consistent with the six dimensions of the ASAM PPC 2-R adult level of care index and includes documentation of any co-occurring substance related and mental health disorders (COD); (e) The criminogenic risk level as indicated in the DOC individual Oregon Corrections Plan; (f) The legal status of the client; (g) The client’s current stage of change and recommendations on how best to engage the client; (h) Any client responsivity factors that should be considered in treatment planning and community-based continuing care provider staff assignments; (i) A relapse prevention plan; and (j) Recommendations for an initial community-based treatment plan. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0090 Treatment Services (1) The program will provide to each client clinically appropriate services based on best practices for prison-based Alcohol and Other Drugs programs that facilitate desired service outcomes as identified by the individual, and family, when applicable, and address the objectives identified in the treatment plan. (2) Treatment services provided for clients in prison-based Alcohol and Other Drugs treatment programs will be evidence-based and at a minimum include: (a) Cognitive behavioral interventions; (b) Motivational interventions; (c) Relapse prevention; (d) Gender specific services; (e) Cultural relevance; (f) Healthy relationship education related to parenting, family, significant others, employers, and the community; (g) Services that address special needs such as trauma, domestic violence, sexual or physical abuse, and self sufficiency; and (h) Therapeutic community model for residential programs. (3) Each client admitted to the program will be assigned a primary counselor. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0100 Clinical Supervision Persons providing services to program clients in accordance with this rule will receive supervision by a qualified Clinical Supervisor, as defined in these rules, related to the development, implementation and outcome of services. (1) The objective of clinical supervision is to assist staff, interns, students and volunteers to increase their skills, improve quality of services to individuals, and supervise program staff, interns, students and volunteers’ compliance with program policies and procedures. (2) Clinical Supervision will be specified through a current written agreement, job description, or similar type of binding arrangement between the Clinical Supervisor and the program staff, intern, student or volunteer which describes the Clinical Supervisor's oversight responsibility, including documentation of supervision no less than two hours per month. The two hours will include one hour of face-to-face contact for each person supervised, or a proportional level of supervision for part-time staff. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0110 Program Staff (1)(a) Program staff will at the time of hire: (b) Have documented competence in the following essential job functions in an Alcohol and Other Drugs program including: (A) Conducting comprehensive diagnostic Alcohol and Other Drugs assessment, developing treatment plans, providing care coordination, providing individual and group counseling, and following documentation policy and procedures set forth in these rules; and (B) Except as provided in section (4) of this rule, hold a current certification or license in Alcohol and Other Drugs counseling or hold a current license as a health or allied provider issued by a state licensing body. (2) For program staff holding a certification or license in Alcohol and Other Drugs counseling, qualifications for the certificate or license must have included at least: (a) 750 hours of supervised experience in Alcohol and Other Drugs counseling; (b) 150 hours of alcohol and drug education and training; and (c) Successful completion of a written objective examination or portfolio review by the certifying body. (3) For program staff holding a health or allied provider license, such license or registration will have been issued by one of the following state bodies and the program staff person will possess documentation of at least 60 contact hours of academic or continuing professional education in the treatment of substance related disorders: (a) The Board of Medical Examiners; (b) The Board of Psychologist Examiners; (c) The Board of Licensed Social Workers; (d) The Board of Licensed Professional Counselors and Therapists; or (e) The Board of Nursing. (4) Program staff who do not hold a certificate or license that meets the standards identified in sections (2) or (3) of this rule will apply to a qualified credentialing organization or state licensing board within three months of the date of hire and achieve certification or licensure meeting the standards of sections (2) or (3) of this rule within 24 months of the application date. (5) Additional Training Requirements: (a) Within the first six months of hire, program staff will receive training on evidenced-based practices for clients with criminal behavior; and (b) At least 10 hours of professional development toward recertification credits every two years specific to offenders with substance related disorders. (6) Recovering program staff: Any program staff, clinical supervisor, program manager, student, intern or volunteer applying or hired to provide services who are recovering from substance related disorders must be able to demonstrate continuous sobriety under nonresidential, independent living conditions for the immediate past two years. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0120 Clinical Supervisor (1) The program will have an identified clinical supervisor who has: (a) A Bachelor's degree in social services and four years of paid full-time experience in direct Alcohol and Other Drugs counseling; or (b) A Master's degree in social services and two years of paid full-time experience in direct Alcohol and Other Drugs counseling; or (c) Holds a current certification or license in Alcohol and Other Drugs counseling; or (d) Holds a current license as a health or allied provider issued by a state licensing body; and (e) Has documented training or education in evidence-based treatment interventions for clients with criminal behavior. (2) For clinical supervisors holding a certification or license in Alcohol and Other Drugs counseling, qualifications for the certificate or license must have included at least: (a) 300 alcohol and drug education and training hours; (b) 4,000 hours of supervised experience in Alcohol and Other Drugs counseling; and (c) Successful completion of a written objective examination or portfolio review by the certifying body. (3) For clinical supervisors holding a health or allied provider license, such license or registration will have been issued by one of the following state bodies and the supervisor will possess documentation of at least 120 contact hours of academic or continuing professional education in the treatment of substance related disorders: (a) The Board of Medical Examiners; (b) The Board of Psychologist Examiners; (c) The Board of Licensed Social Workers; (d) The Board of Licensed Professional Counselors and Therapists; or (e) The Board of Nursing. (4) Any clinical supervisor will have knowledge and experience demonstrating competence in the performance of the following essential job functions for clients with criminal behavior including: (a) The process to accept clients into the program; (b) Conducting comprehensive diagnostic assessments in coordination with the DOC individual inmate Corrections Plan; (c) Providing individual, group, family, and other counseling; (d) Providing regular observation and monitoring of program staff and giving feedback to improve service delivery quality and program staff performance; (e) Coordinating development opportunities for program staff who conduct the comprehensive diagnostic assessment, developing the treatment plans, providing care coordination, and collaborating with community resources including self-help groups; and (f) Assuring the clinical integrity of all permanent client records assigned to program staff under their supervision, including timely entry of documentation, correctness of information, assuring appropriate clinical rationale for assessment, treatment plans, progress notes, and continuing care planning consistent with policies and procedures in these rules. (5) If the program's manager meets the qualifications of the Clinical Supervisor, the manager may be the clinical supervisor. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0130 Program Manager (1) The program will have a program manager who: (a) Oversees the day to day program operations; (b) Is responsible for compliance with the requirements of these rules; and (c) Is located at the site specific to the letter of approval or license. (2) The program manager will have knowledge and paid full-time experience demonstrating competence in the performance or oversight of the following essential job functions: (a) For contracted programs, planning, budgeting, and fiscal management; (b) Supervision of program staff; (c) Personnel management including employee performance assessment; (d) Data collection, program evaluation and quality assurance; and (e) Meeting reporting requirements. (3) The program manager will have paid full-time experience working with offenders for a minimum of three years that includes implementing evidence-based practices for clients with criminal behavior. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0140 Use of Volunteers Volunteers may provide only non-clinical services unless the individual has the required credentials to provide a clinical service. A Program utilizing volunteers will have the following: (1) A written policy regarding volunteers that includes: (a) Specific responsibilities and tasks of volunteers, based on their credentials; (b) Procedures and criteria used in selecting volunteers, including sobriety requirements for individuals recovering from substance related disorders consistent with DOC policy; (c) Specific accountability and reporting requirements of volunteers; and (d) Specific procedure for reviewing the performance of volunteers and providing direct feedback to them by a supervisor. (2) Volunteers will complete an orientation and training program specific to their responsibilities before they participate in program assignments. The orientation and training for volunteers will: (a) Include a thorough review of the program's philosophical approach to treatment; (b) Include information on clients’ rights including confidentiality regulations; (c) Explain procedures for reviewing performance and providing feedback to volunteers; (d) Explain procedure for discontinuing a volunteer's participation; and (e) Document each volunteer’s completion of orientation in program records. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-057-0150 Co-occurring Substance Related and Mental Health Disorders (COD) (1)(a) In addition to the general standards for prison-based Alcohol and Other Drugs treatment programs under OAR 415-057-0000 through 415-057-0140, programs approved and designated to primarily provide treatment services for people with COD will meet the following standards: (b) The program will develop written policies and procedures that include program philosophy, acceptance criteria, program content, and providing concurrent substance related treatment and mental health interventions documented in one integrated client record. (2) COD Program Content: The program for people with COD will include at a minimum an array of treatment options including: (a) Individual medication evaluation and treatment; (b) Motivational strategies; (c) Symptom and medication management; (d) Care coordination; (e) Wellness management; and (f) Relapse prevention. (3) COD Program Staffing Patterns: The program that provides services and activities to persons with COD will have at a minimum, one full-time QMHP on staff. Caseloads will average 12 clients for each program staff member. Additional masters level practitioners and QMHAs will be scheduled with the consideration of client mental health needs. (4) COD Program Staffing Qualifications: Staff demonstrate competency in the treatment of co-occurring mental health and substance related disorders. Competencies will include ability to evaluate: (a) If there is a chronic condition that creates risk or complicates treatment; (b) If there is cognitive, emotional or behavioral condition severe enough to warrant specific mental health treatment; (c) Ability of client to manage activities of daily living; and (d) Ability of the client to cope with emotional, behavioral and cognitive problems. (5) Additional Training Requirements: Of the 10 hours required in section 415-057-0130(4)(b), at least 8 hours of professional development toward recertification credits every two years specific to COD. (6) Program Clinical Supervision Staff Qualifications: Clinical Supervision and case consultation is provided on-site by individuals with both CADC and QMHP credentials. Statutory/Other Authority: ORS 413.042, 409.410 & 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10
415-065-0005 Purpose, Intent and Scope (1) These rules establish a consolidated, statewide health professionals’ services program for licensees of participating health licensing boards, as required by ORS 676.190, who are unable to practice with professional skill and safety due to substance use disorders, mental disorders, or both types of disorders. The program shall enroll licensees in the program, monitor enrolled licensees for compliance with monitoring agreements, report non-compliance to a licensee’s board, and perform other duties as required by 676.190 to 676.200. (2) The program may be operated by the Division or by a private contractor. Statutory/Other Authority: ORS 413.042 & ORS 676.190 Statutes/Other Implemented: ORS 676.185 - 676.200 History: ADS 2-2014, f. & cert. ef. 4-24-14 ADS 3-2010, f. & cert. ef. 7-1-10