justicedao/ipfs_state_laws huggingface dataset:
291-124-0090 Reporting and Evaluation Health Services shall prepare a report each quarter listing the deaths which have occurred in Department of Corrections facilities, including the age of the deceased, cause of death, and disposition of remains. This report shall be submitted to the President of the Senate and the Speaker of the House of Representatives according to ORS 179.509 by the 30th of the month following the end of the quarter. 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 16-2010, f. & cert. ef. 11-19-10
291-124-0110 Medication for Opioid Use Disorder (1) Health Services may provide a form of medication for opioid use disorder (MOUD) to an AIC diagnosed with opioid use disorder. (2) Health Services may continue MOUD for an AIC who has been recently admitted to DOC and who has a release date within six to thirteen months. A review committee established under this rule may consider whether to continue a form of MOUD for an AIC with a release date longer than thirteen months. (3) Health Services may operate a program in which a form of MOUD may be continued or induced for an AIC who has a release date within thirteen months. As a part of that program, a review committee established under this rule, consisting of the Chief of Medicine, the Chief of Psychiatry, and the Behavioral Health Services Administrator or their designees, may consider whether to approve a form of MOUD for continuation or induction for an AIC with a release date longer than thirteen months. 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 17-2024, adopt filed 08/13/2024, effective 08/13/2024
291-124-0200 Doula Services Health Services shall operate a doula program for pregnant and postpartum adults in custody at Coffee Creek Correctional Facility. Doula services are available to an adult in custody who is pregnant, or who has been pregnant or has given birth in the preceding 12 months. Doula services include those set forth in ORS 421.173(4) including, but not limited to, one-on-one patient visits and assistance, preparation of the birth plan, on-site support at the birth, education, and group work. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 421.173 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 421.173 History: DOC 17-2024, adopt filed 08/13/2024, effective 08/13/2024 DOC 11-2024, temporary adopt filed 06/13/2024, effective 06/13/2024 through 12/09/2024
291-124-1000 Purpose and Policy (1) Purpose: The purpose of these rules OAR 291-124-1000 through -1040 is to establish standards for the Department of Corrections to certify employees that provide mental health services to AICs in DOC facilities as qualified mental health professionals or qualified mental health associates. (2) Policy: It is the policy of the Department of Corrections that employees providing mental health services to AICs meet the standards established in these rules and be certified accordingly by the department. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 History: DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 19-2011, f. & cert. ef. 10-11-11 DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11
291-124-1010 Definitions for Rules OAR 291-124-1000 through 291-124-1050 (1) Behavioral Health Services Administrator: The person responsible for the overall organization and delivery of mental health services to AICs. (2) Behavioral Health Services (BHS): A Health Services unit with primary responsibility for the assessment and treatment of AICs with mental illness and developmental disabilities. (3) Case Management: Delivery of mental health services to AICs. Case management activities include: (a) Identifying, screening and evaluating AICs to determine their eligibility for services; (b) Implementing individualized service plans, assistance in applying for financial benefits; (c) Coordinating release planning services with other agencies and resources, (d) Participating in case staffing; (e) Providing emotional support and counseling; (f) Crisis intervention for immediate safety concerns; and (g) Daily structure, support, supervision, and skills training; (4) Clinical Director: The person responsible to monitor clinical operations statewide who reports to the Behavioral Health Services Administrator. The clinical director must have a minimum of eight years of experience providing mental health services, a Master’s degree, two years of post-graduate clinical supervision and licensure in the State of Oregon. (5) Clinical Supervisor: The Behavioral Health Services program manager that supervises mental health treatment services provided by mental health specialists to AICs. The clinical supervisor must meet the requirements of a qualified mental health professional and have a minimum of five years of experience providing mental health services, with at least one year that includes supervision of staff. (6) Crisis: An urgent or emergency situation that occurs when an AIC’s stability or functioning is disrupted and there is an immediate need to resolve the situation to prevent serious deterioration or self injury. (7) Diagnosis: A diagnosis consistent with the current “Diagnostic and Statistical Manual of Mental Disorders (DSM)” published by the American Psychiatric Association. (8) Mental Health Assessment: A process in which an AIC’s need for mental health services is determined through an evaluation of the AIC’s strengths, goals, needs, and current level of functioning. (9) Mental Status Examination: An overall assessment of an AIC’s mental functioning and cognitive abilities. (10) Mental Health Specialist: A Behavioral Health Services employee responsible for the delivery of mental health services to AICs. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 History: DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 19-2011, f. & cert. ef. 10-11-11 DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11
291-124-1020 Credentialing and Certification Process (1) The clinical director is responsible for credentialing employees hired as mental health specialists. (2) A mental health specialist must meet the requirements established in OAR 291-124-1030 as a qualified mental health associate (QMHA) or qualified mental health professional (QMHP). (3) The clinical director shall review the employee’s education, experience and competencies to determine if the employee can be certified as meeting the professional standards of a qualified mental health associate or qualified mental health professional. (4) Personnel Documentation: A copy of transcripts, academic degrees, licenses, certifications, and a verification form used to record the credentialing and certification information shall be retained in the employee’s personnel file. (5) The employee will be provided with a position description that includes a description of duties that a qualified mental health associate or qualified mental health professional are certified to provide. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 History: DOC 19-2011, f. & cert. ef. 10-11-11 DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11
291-124-1030 Qualified Mental Health Associate and Qualified Mental Health Professional Standards (1) A qualified mental health associate (QMHA) must meet the following minimum qualifications: (a) Bachelor's degree in a behavioral sciences field; or (b) A combination of at least three years relevant work, education, training or experience; and (c) Demonstrate the competency necessary to communicate effectively; understand mental health assessment, treatment and service terminology and apply these concepts; provide psychosocial skills development; implement interventions as assigned on an individual plan of care; and provide behavior management and case management duties. (2) A qualified mental health professional (QMHP) is a licensed medical practitioner or any other person who holds any of the following educational degrees and meets the following minimum qualifications: (a) Graduate degree in psychology; (b) Bachelor's degree in nursing and licensed by the State of Oregon; (c) Graduate degree in social work; (d) Graduate degree in a behavioral science field; (e) Graduate degree in recreational, music, or art therapy (f) Bachelor's degree in occupational therapy and licensed by the State of Oregon; and (g) Whose education and experience demonstrate the competency to identify precipitating events; gather histories of mental and physical disabilities, alcohol and drug use, past mental health services and criminal justice contacts; assess family, social and work relationships; conduct a mental status examination; document a multiaxial DSM diagnosis; write and supervise an individual plan of care; conduct a mental health assessment and provide individual, family or group therapy within the scope of their training. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 History: DOC 19-2011, f. & cert. ef. 10-11-11 DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11
291-124-1040 Supervision of Qualified Mental Health Associates and Qualified Mental Health Professionals (1) A qualified mental health associate shall deliver mental health services to AICs under the direct supervision of a qualified mental health professional. (2) A qualified mental health professional shall deliver mental health services to AICs under the direct supervision of a clinical supervisor. (3) Clinical Supervisor: A clinical supervisor shall demonstrate the competency to oversee and evaluate the mental health treatment services provided by qualified mental health professionals and qualified mental health associates. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 History: DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 19-2011, f. & cert. ef. 10-11-11 DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11
291-124-1050 Variances (1) The Behavioral Health Services Administrator has the authority to grant a variance to the criteria used to determine the status of a qualified mental health professional or a clinical supervisor. (2) The clinical director must document the reason for the variance and propose a timeline for the duration of the variance. (3) Signed documentation from the Behavioral Health Services Administrator indicating support of the proposed variance shall be retained in the employee’s personnel file. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333 History: DOC 19-2011, f. & cert. ef. 10-11-11 DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11
291-127-0400 Authority, Purpose and Policy (1) The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) The purpose of these rules is to establish department policy and procedures regarding adult in custody visitation, and the administration of visitation programming in the Department of Corrections facilities. (3) Policy: (a) Visiting is an integral component of facility management, adult in custody habilitation, and community safety. Visiting can improve public safety, encourage responsible familial relationships, and reduce the risk of future criminal behavior. (b) Within the inherent limitations of resources and the need for facility security, safety, health, and good order, it is the policy of the Department of Corrections to permit, promote, facilitate, and encourage approved visitation of adults in custody with their families, friends, and others in the Department of Corrections facilities in accordance with these rules. (c) When authorized, visitation in a Department of Corrections facility is permitted neither as a matter of right nor as a privilege of the adult in custody or the adult in custody’s visitor; rather, visitation in Department of Corrections facilities is permitted by the department when it furthers the adult in custody’s correctional planning and the department’s correctional goals and mission and is consistent with the safe, secure and orderly management and operation of the facility. (d) The department encourages productive relationships between families and adults in custody and sees adult in custody visitation as a positive means to strengthen ties and increase the likelihood of success upon release. (e) The department intends that its rule prescribing eligibility criteria for prospective visitors set forth in OAR 291-127-0415(2)(i) apply retroactively to all persons who have submitted or will submit a visiting application prior to, on, and after the effective date of the rule. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 9-2021, amend filed 06/04/2021, effective 06/04/2021 DOC 3-2021, temporary amend filed 04/01/2021, effective 04/01/2021 through 09/27/2021 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0410 Eligibility of Adults in Custody (1) All adults in custody, except those adults in custody on intake status or as specifically provided in these rules, are eligible to apply for visits while confined in a Department of Corrections facility. (2) Adults in Custody Convicted of Sexual Crimes Involving Minor Children: (a) Adults in custody who have a current or prior conviction for a sexual crime involving a minor child are ineligible to visit with any minor child, other than their own child or grandchild. Adults in custody who have a current or prior conviction or who have a documented history of a sex crime involving a minor member of their immediate family are ineligible to visit with any minor child, including their own child or grandchild. (b) An adult in custody who is eligible to visit with their own child or grandchild must provide the department with a birth certificate and other such documentation as may be necessary for employees to confirm that the child is the adult in custody’s child or grandchild in order to receive approval to visit with the child or grandchild. (3) Restriction to Basic Visiting: An adult in custody who has been found in violation of the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105), including attempt or conspiracy to commit a violation of the department’s rules, may have their visits restricted to basic visiting as a sanction in the final order in accordance with the rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0425 Adult in Custody Visitor List Maintenance (1) A visitor shall be removed from an adult in custody's approved visiting list upon written request by either the adult in custody or the approved visitor. (a) Once removed, the visitor may not request an administrative review of this decision and the visitor shall not be eligible to be placed on the adult in custody's visiting list or on any other adult in custody's approved visiting list at the same correctional facility for a minimum of 90 days. (b) If a visitor is removed from a visiting list prior to visiting the adult in custody, the visitor will not be subject to the 90-day waiting period to apply to visit another adult in custody. (2) If a visitor has not visited the adult in custody within the previous two years, the visitor will be automatically removed from the adult in custody’s visiting list and the adult in custody will be notified. (a) In such an event, the visitor must submit a new application to be added to the list. (b) A criminal record check will be conducted every two years on all visitors remaining on the adult in custody’s list. If deemed ineligible per these rules, the visitor will be removed from the adult in custody’s visiting list and the adult in custody notified. (3) Visitors are responsible for notifying the department in writing of a change of address or a name change. In the case of a name change, the visitor must provide verification of the name change (for example, marriage certificate). (4) Adults in custody who are returned to a Department of Corrections facility following an escape or a period of parole or post-prison supervision in the community shall have all visitors automatically removed. A new visiting application (CD 50D) must be submitted for each prospective visitor to be added to the list. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0430 Visiting Points System (1) The number of visits approved in any calendar month for adults in custody in a Department of Corrections facility shall be limited in accordance with the following point value system: (2) Each adult in custody who is permitted visiting (privileged or basic) shall be allocated visiting points each calendar month in accordance with their incentive level as outlined in the department’s rules on Performance Recognition and Award System (OAR 291-077). (3) Visiting points shall not be deducted for a child under the age of 3 years old, as long as the child is held during the visiting session. Visiting points shall not be deducted for visitors aged 65 years and older. (4) On weekdays, one point shall be deducted for each visitor per visiting session. (5) On weekends and holidays, two points shall be deducted for each visitor per visiting session, except in those Department of Corrections facilities with weekend visiting only, in which case one point shall be deducted for each visitor per visiting session. (6) Visitation periods when points are not deducted may be permitted at the discretion of the functional unit manager or designee. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0435 Visiting for Adults in Custody Assigned to General Population (1) The time, length, and place of visits shall be posted at the visiting desk and visiting room of each Department of Corrections facility. (2) Visitors will be accommodated on a first-come, first-served basis unless a different process is approved by the functional unit manager. (3) Visiting hours normally occur five days per week, including state holidays, except at minimum-security facilities. Due to physical plant design, work environment, or employee level, facilities may limit or expand number of days, length, and time of visits at the discretion of the functional unit manager. (4) Due to physical plant design, facilities may limit the number of visitors to no more than three or four persons at one time at the discretion of the functional unit manager or designee. Children under the age of three shall not be counted as part of the maximum number of visitors. Those with minor children exceeding these limitations may appeal to the functional unit manager or designee for approval in advance of the visiting. (5) Adults in custody assigned to general population in a Department of Corrections facility may be permitted only one visiting session per visitor per day on weekends and holidays. Department of Corrections facilities shall take into consideration hours the visitors have traveled and any other extraneous situations that may warrant permitting two visiting sessions per day on weekends and holidays at the discretion of the functional unit manager or designee. (6) An adult in custody assigned to general population in a Department of Corrections facility whose visits are restricted to basic visiting shall be permitted the following: (a) No more than eight visiting sessions per month. (b) Only two visitors per visit shall be allowed. A third person may be permitted if they are under three years of age and is held. Exceptions may be specifically authorized by the functional unit manager or designee. (c) Duration of visits shall be established by the functional unit manager or designee and shall be a minimum of one hour, depending on space availability. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0445 Special Visits (1) Adults in custody confined in a Department of Corrections facility may be afforded additional visitation opportunities at the discretion of the functional unit manager or designee. (2) Adults in custody may request a special visit as defined in this rule. (a) Adult in custody requests for special visits shall be made in writing to the functional unit manager or designee and received at least 30 days prior to the date of the requested special visit. The 30-day requirement may be waived if emergency or unusual circumstances exist. (b) Special visits shall be restricted to basic visiting if a criminal background check cannot be made. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0450 Professional Visits (1) Professional visits shall be approved in advance by the functional unit manager or designee. Such visits should be made by appointment during regular visiting hours or hours designated for professional visits by the facility. (2) Persons approved for these types of visits with an adult in custody must present credentials or identification at the facility visiting desk or reception area sufficient to identify themselves. (3) These types of visits are not subject to a point deduction. (4) Professional visitors may be permitted to bring necessary documents or paperwork into the visiting area for exchange with the adult in custody with prior approval of facility employees. (5) Computers, tape recorders, and other electronic devices may be permitted upon the approval of the functional unit manager or designee. All articles shall be searched for contraband. (6) These types of visits shall be permitted with only one adult in custody at a time, except as otherwise authorized in advance by the functional unit manager or designee. (7) Professional visits will not be approved for individuals who have applied and been approved or denied through the visitation application process for the adult in custody with whom they are seeking a professional visit. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019