justicedao/ipfs_state_laws huggingface dataset:
291-124-0010 Definitions (1) Adult in Custody (AIC): Any person under the supervision of Department of Corrections who is not on parole, probation, or post-prison supervision status. (2) Department of Corrections Facility: Any institution, facility or employee office, including the grounds, operated by the Department of Corrections. (3 Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections; any person employed under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department-sanctioned special assignment to provide services or support to department programs within any Department of Corrections facility. (4) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs. (5) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director or an administrator and has responsibility for the delivery of services or coordination of programs. In a correctional setting the superintendent is the functional unit manager. (6) Healthcare Provider: Any professional who is licensed or certified to provide health care services, including physicians and hospitals (and the various entities/forms in which they do business), and public, quasi-public and private organizations and entities that contract with direct service providers to furnish health care services, such as insurance companies and managed care organizations. (7) Health Services Eyeglasses Review Committee: A committee normally of the local management group, Medical Services manager or designee, or a combination management representatives and the individual involved in the eyeglass program at the institution. (8) Treating Provider: Any Health Services employee who by licensure is authorized to prescribe treatment, including but not limited to, physicians, dentists, nurse practitioners, optometrists and physician assistants. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018 DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018 DOC 16-2010, f. & cert. ef. 11-19-10 DOC 16-1998, f. & cert. ef. 7-1-98 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90
291-124-0016 Delivery of AIC Healthcare (1) The Health Services Assistant Director is responsible for directing AIC healthcare services in the Department of Corrections. These activities include: (a) Developing standards for the organization, coordination and delivery of AIC healthcare; (b) Ensuring the organization and delivery of AIC healthcare meets established standards; and (c) Ensuring the operation of all areas of AIC healthcare, including medical, dental, mental health care and pharmacy services comply with appropriate professional standards, statutory requirements, and administrative rules and policies of the department. (2) The Health Services Chief of Medicine is responsible for professional oversight of clinical healthcare providers. (a) The Health Services Chief of Medicine has authority for all decisions requiring medical judgment and directly affecting outcomes of clinical practice. (b) The Health Services Chief of Medicine shall appoint a chief medical officer to provide oversight for professional clinical services to AICs for each Department of Corrections facility. (3) The Pharmacy and Stores administrator is responsible for the overall organization and delivery of Pharmacy services. (4) The Behavioral Health Services administrator is responsible for the overall organization and delivery of mental health services to AICs. (5) The Chief Psychiatrist shall have clinical oversight of the professional services of behavioral health prescribers. (6) The Medical Services Administrator is responsible for the overall organization and delivery of institutional clinical care. (7) The administrator for Business Operations is responsible for the overall organization and coordination of business functions, including fiscal management and organizational development. (8) The Dental Program director, a licensed dentist, is responsible for the overall organization, delivery, and professional oversight of dental services. (9) Health Services administration shall appoint a Medical Services manager to organize and coordinate delivery of healthcare services to AICs for each Department of Corrections facility. (10) AICs are prohibited from performing any healthcare duties reserved for licensed or certified health professionals. AICs may be assigned to assist other AICs with activities of daily living as are commonly done in the community by family or friends. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018 DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018 DOC 16-2010, f. & cert. ef. 11-19-10
291-124-0017 Professional Credentials (1) Treating providers who provide medical, dental, mental healthcare or pharmacy services to AICs shall be appropriately licensed to practice in their respective professions. Specialists providing healthcare, mental healthcare or dental services shall be board certified in the specialty field or recognized as specialists in the medical community. (2) All other employees of Health Services requiring licensure, registration or certification shall be licensed, registered, or certified to practice as stipulated by the regulatory agency of their respective discipline. (3) Employees providing health services shall practice within the scope defined by statute and administrative rule of the respective regulatory professional licensing or certification board. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 16-2010, f. & cert. ef. 11-19-10
291-124-0020 Facilities and Equipment for Provision of Health Care (1) Space, Equipment and Supplies: (a) Sufficient space, equipment, and supplies will be available to provide the level of healthcare designated at each state operated correctional facility. (b) Health Services administrators are responsible for evaluation of the adequacy of space allocated, review of major equipment purchases, and the system for distribution of healthcare services and supplies within their individual scope of authority. (2) Level of Service at Each Facility: (a) The assigned Medical Service Manager is responsible for coordinating AIC access to healthcare services either at the site, in the community, or at another correctional facility. (b) Healthcare services at correctional facilities shall at a minimum include instruction and supervision of self-care, ambulatory care, emergency care, and referrals for specialty services. (c) Inpatient infirmary beds, on site dental clinics, optometry clinics and mental health treatment are not available at each correctional facility. AICs needing these services may be transferred to the most appropriate correctional facility to receive the needed service. (d) AICs with complex medical conditions who cannot be referred to providers in the immediate community may be transported to a correctional facility in another geographic area to receive medically necessary care and treatment. (e) At correctional facilities with patients occupying inpatient infirmary beds, healthcare staff shall be on duty 24 hours per day with a physician on call 24 hours per day. At correctional facilities without 24 hour on duty coverage, a registered nurse and a treating provider shall be designated and on call to provide 24 hours per day coverage. (f) Health Services staff will make provisions for hospital access and specialty care as necessary for the healthcare of the AIC. (g) Each health services program shall have a written plan and maintain readiness to provide basic emergency healthcare services to anyone in emergency situations. This plan shall be in accordance with the emergency response plan for the facility. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 16-2010, f. & cert. ef. 11-19-10 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90
291-124-0035 Emergency Services (1) Health Services employees will be trained to respond to health emergency situations involving AICs, employees, visitors, and others on the facility’s premises or worksites. (2) Health Services will work with the Department Emergency Response Command Structure in declared emergencies. (3) Each facility Medical Services manager shall assure that healthcare employees are trained and prepared to provide emergency medical assistance. (4) Emergency medical care exceeding the scope or capacity of the facility or staff will be supplemented by emergency medical response agencies in the community. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 16-2010, f. & cert. ef. 11-19-10 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90
291-124-0047 Refractive Eye Examinations and Eyeglasses (1) Eye Examinations: Health Services shall approve a refractive eye examination at least once every two years. Health Services may authorize refractive eye examinations or eyeglass purchases on a different schedule or frequency on a case-by-case basis. In making any variation or authorization, Health Services may consider the AIC’s release date, past optical information, current visual acuity, and the AIC’s effort and compliance with a correctional case management plan. (2) Eyeglasses: Health Services shall authorize and provide one pair of eyeglasses when clinically indicated, at state expense, at least once every two years. (a) AICs are responsible for routine or daily maintenance of eyeglasses provided under this rule. Health Services will provide for necessary repairs or replacement of eyeglasses. In the event an AIC misuses, alters, abuses, damages (ordinary wear and tear excepted,) or destroys a pair of eyeglasses provided under this rule, Health Services may require the AIC to incur debt or pre-pay to provide for necessary repairs or replacement. Any decision pursuant to this subsection shall be made after consulting with Behavioral Health Services, and the institution or statewide ADA coordinator, where appropriate, prior to declining to pay for a repair or replacement. (b) An AIC may purchase additional elective care under OAR 291-124-0085, including, eyeglasses, eyewear, eyewear accessories, or optional features for eyeglasses provided under this rule. (3) Contact Lenses: Health Services does not provide contact lens examinations. AICs may purchase contact lenses and lens solution as elective care under OAR 291-124-0085. (4) All healthcare provided under this rule remains subject to OAR 291-124-0041, including clinical review. 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
291-124-0048 Audiogram Examinations and Hearing Aids (1) Audiogram Examination: Health Services, after conducting a medical evaluation to identify possible medically or surgically correctable causes of the reported hearing loss, shall refer an AIC who reports subjective hearing loss for an audiogram evaluation. Health Services shall authorize an audiogram examination and hearing aid or hearing aids for an AIC who reports subjective hearing loss that meets the requirements of Level 3 Care or Treatment under OAR 291-124-0041. (2) Hearing Aids: Health Services shall authorize and provide a monoaural hearing aid or binaural hearing aids, when clinically indicated, at least once every five years. (a) Health Services will provide an authorized hearing aid within sixty (60) days of that determination (subject to the availability and scheduling of any outside vendors or suppliers.) Necessary repairs or recalibration of a hearing will occur within sixty (60) days of delivery to an audiologist for repair or recalibration (subject to the availability and scheduling of any outside vendors or suppliers). (b) Any AIC provided hearing aids will receive at least one follow-up appointment with an audiologist within six (6) months of receiving their hearing aids (subject to audiologist availability and scheduling), and as many subsequent as are necessary to ensure the hearing aids are properly balanced. (c) An AIC with an authorized hearing aid shall have annual evaluations to ensure the hearing aids remain effective. If there is a threshold shift of 10dB or more across any tested frequency, the AIC will be referred to an audiologist. (d) Health Services shall authorize and provide the repair or replacement of a hearing aid provided under this rule, as clinically indicated and appropriate. If an AIC’s hearing aids are sent out for repairs, if practicable, the AIC will be provided with any available hearing aid substitutes, and referred to institution ADA Coordinator to ensure the AIC has necessary accommodations for effective communication. (e) Health Services shall authorize and provide for replacement batteries at state expense and at no cost to the adult in custody, on a schedule that is consistent with ordinary use of the hearing aid. (f) Health Services may decline to provide a hearing aid, repair, replacement, or battery under this rule, in the event an AIC misuses, alters, abuses, damages (ordinary wear and tear excepted,) or intentionally destroys another previously issued or approved hearing aid or hearing aid battery. Any decision pursuant to this subsection shall be made after consulting with Behavioral Health Services, and the institution or statewide ADA coordinator, where appropriate, prior to declining to pay for a repair or replacement. (3) All healthcare provided under this rule remains subject to OAR 291-124-0041, including clinical review. 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
291-124-0055 Health Education (1) Each facility health services program shall provide AIC health education, including information on self-care. (2) AICs with chronic diseases will be provided with information designed to increase their ability to monitor and manage their health status. (3) Material provided by community health education groups, public health departments, or developed by other correctional facilities may be used with appropriate citation. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 16-2010, f. & cert. ef. 11-19-10 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90
291-124-0060 Transfer, Travel, or Release Arrangements (1) Transfers Between Oregon Department of Corrections Facilities: (a) Information about an AIC's health status shall be provided to Office of Population Management to consider for institution assignments and continuity of care of AICs. (b) Health Services staff shall provide instructions to the Transport Unit regarding any AIC that requires medication or medical care during transport or any other special precautions that are recommended during transport. (c) The AIC's healthcare record shall be transferred in a confidential manner to the health services program responsible for health care at the receiving facility simultaneously with the AIC. (2) Coordination of medical and mental healthcare for release: (a) Prior to release, the facility Medical Services manager or Behavioral Health Services manager shall identify AICs with severe medical or severe mental health conditions that will require ongoing treatment in the community. (b) Designated staff may assist with referrals to agencies, programs or providers in the community to facilitate continuity of care and ongoing treatment of AICs with severe medical or mental health conditions. (c) The department is not responsible for medical evaluations or diagnostic workups that are required for admission to treatment facilities in the community. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: OL 433, ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 16-2010, f. & cert. ef. 11-19-10 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90
291-124-0065 Communicable Disease Control (1) The department shall have a communicable disease screening program. (2) Management of communicable diseases shall be in accordance with Oregon Health Division recommendations and department administrative rules and policies. (3) Standard precautions shall be made known and available to correctional employees working in department facilities to prevent transmission of communicable diseases. Health service employees shall provide specific instructions if additional precautions are necessary for a particular AIC. (4) Communicable disease control precautions as required by OR-OSHA or recommended by the Oregon Health Division shall be followed. (5) Information about communicable disease prevention shall be provided to AICs as part of health education. (6) Immunization and preventative treatment shall be made available to AICs as medically indicated. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 16-2010, f. & cert. ef. 11-19-10 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90
291-124-0070 Management of Pharmaceuticals (1) Pharmacy services shall be provided under the professional direction of registered pharmacists. (2) A central pharmacy(ies) shall be established in accordance with the Oregon Board of Pharmacy regulation for the appropriate and secure purchase, packaging, labeling and distribution of medications needed for AIC healthcare. (3) Medications shall be made available for the treatment of AIC patients; (a) Upon prescription by appropriately licensed staff or (b) From non-prescription stock made available for such purposes. (4) An organized and regulated system shall be in place in each institution for the secure receipt, storage, accounting and distribution of prescription and non-prescription medications. (5) Medications shall be administered by appropriately trained healthcare personnel in accordance with professional standards and the laws and regulations governing drug administration. (6) Psychotropic medications shall be prescribed only when clinically indicated and as one facet of a treatment program in accordance with the department’s rule on Informed Consent to Treatment with Psychotropic Medication (OAR 291-064) (7) AICs may be allowed to administer their own medication: (a) As part of a self-care program; (b) When the medication is on an approved self medication list; (c) When in the opinion of the health services professional, the AIC is appropriately able to manage his/her own medication; and (d) In conformance with institutional security practice. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 16-2010, f. & cert. ef. 11-19-10 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90
291-124-0075 Healthcare Records (1) A healthcare record shall be established for each AIC received at a DOC facility. (2) AIC healthcare records shall be maintained separately from the AIC's custody file. (3) The healthcare record shall be transferred at the time an AIC is transferred to another Department of Corrections facility. (4) Personally identifiable confidential health Information contained in the healthcare record may be released to other parties only according to ORS 179.495 through 179.505 and other Oregon statutes relevant to medical confidentiality. (5) Inactive healthcare records shall be retained in accordance with the authorized retention schedules established in accordance with OAR 166-030. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.495-505, 423.020, 423.030 & 423.075 History: DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 16-2010, f. & cert. ef. 11-19-10 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90
291-124-0080 Patient Rights (1) Medical Research: The use of AICs for medical, psychiatric, or psychological experimentation or research is prohibited as stipulated in ORS 421.085. (2) Informed Consent: (a) The AIC's written informed consent or refusal shall be obtained prior to a healthcare procedure that is invasive or with major adverse health risks or prior to beginning non-emergent mental health or medication services. (A) Examples of such healthcare procedures include: incision and drainage; skin removal, including biopsy; cauterization; contraception methods/prescription; all major and minor surgical procedures; immunizations; psychotropic/neuroleptic medication; articular and bursa injections; other procedures in which there is a probability of major adverse risks; and all invasive dental procedures. (B) An AIC may change their informed consent or refusal. (b) Informed consent shall include providing the AIC with information about: (A) The nature, purpose, and benefits of the procedure or treatment; (B) The risks, if any, of the procedure or treatment; and (C) Any alternative procedures or methods of treatment that is available; and (D) Supplemental written information may be incorporated as part of the informed consent process. (c) Informed consent is not required in: (A) A medical emergency if the AIC is unable to give or to refuse consent and there is an immediate threat to the life of, or irreversible bodily harm to, the AIC; (B) A medical or psychiatric emergency if the AIC does not have the mental capacity to make an informed decision; (C) Where there is a court order to provide the medical treatment or procedures; (D) Informed consent given by the legal guardian; and (E) Certain public health matters. (3) Confidentiality: (a) The AIC's healthcare record, which includes medical, dental, and mental health information obtained by Health Services employees, is confidential and shall not be released except as provided in ORS 179.495 through 179.509, and other Oregon statutes. (b) Health Services employees shall communicate to correctional employees pertinent information that has a direct impact on the safety and security of the facility or is relevant to the AIC's ability to function. (4) AICs may use the AIC grievance system as outlined in OAR 291-109 for health related issues. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018 DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018 DOC 16-2010, f. & cert. ef. 11-19-10 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90