justicedao/ipfs_state_laws huggingface dataset:
309-120-0260 Superintendent’s Review (1) The results of any hearing held to place an adult in custody in a state mental hospital for administrative commitment will be reviewed and approved by the Superintendent/designee of the Oregon State Hospital. (2) The Superintendent/designee of the Oregon State Hospital shall review the “Findings-of-Fact, Conclusions, and Recommendation” of the hearings officer, in terms of the following factors: (a) Was there substantial compliance with this rule; (b) Was the decision based on substantial information; and (c) Was the decision proportionate to the information and consistent with the provisions of this rule. (3) Within three (3) days of the receipt of the hearings officer’s report, the Superintendent/designee of the Oregon State Hospital shall enter an “order,” which may: (a) Affirm the recommendation; (b) Modify the recommendation; (c) Reverse the recommendation; or (d) Reopen the hearing for the introduction and consideration of additional evidence. (4) When the Superintendent/designee of the Oregon State Hospital takes action to modify or reverse, he or she must state the reason(s) in writing and immediately notify the adult in custody, hearings officer, and Administrator for Counseling and Treatment Services. (5) When the Superintendent/designee of the Oregon State Hospital reopens the hearing under this rule, the hearings officer shall, pursuant to these rules, conduct the reopened hearing and prepare an amended hearing record within three (3) days of the reopened hearing. The Superintendent/designee of the Oregon State Hospital shall review the hearing officer’s recommendation and enter an amended “order,” which may affirm, modify, or reverse the hearing officer’s recommendation. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 29-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06
309-120-0265 Extension of Transfer (1) If the Oregon Health Authority determines that the administrative commitment must exceed 180 days in order to stabilize the adult in custody, the administrative commitment must be renewed in a subsequent administrative commitment hearing held in accordance with these rules. (2) Notwithstanding this rule, an administrative commitment may not continue beyond the term of incarceration to which the adult in custody was sentenced. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 30-2023, minor correction filed 07/11/2023, effective 07/11/2023 MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06
309-120-0270 Handling of Adult in custody Money and Personal Property (1) When an adult in custody is transferred to a state mental hospital, the Department of Corrections shall send a check for the balance of the adult in custody's account to the business office of the state mental hospital. (2) The adult in custody's personal property will be transferred from the Department of Corrections facility in accordance with standards and limitations set by the state mental hospital to which the adult in custody is transferred. (3) When the adult in custody is returned to a Department of Corrections facility, the adult in custody's money and personal property, as allowed by the Department of Corrections Rules for Personal Property (Adult in custody) (OAR 291-117) and Trust Accounts (Adult in custody) (OAR 291-158), will be returned with the adult in custody. All property not allowed under the Department of Corrections rules for Personal Property (Adult in custody) shall be handled, controlled and disposed of in accordance with Oregon Health Authority rules (309-108-0000 through 309-108-0020). Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 31-2023, minor correction filed 07/11/2023, effective 07/11/2023 Renumbered from 309-120-0030, MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06 MHD 1-2000, f. & cert. cert. ef. 1-24-00 MHD 3-1995, f. & cert. ef. 4-13-95 MHD 8-1983, f. & ef. 4-1-83, Renumbered from 309-023-0010(5) MHD 1-1983(Temp), f. & cert. ef. 1-5-83 MHD 1-1981, f. & cert. ef. 6-5-81 MHD 3-1980, f. & cert. ef. 4-1-80 MHD 12-1979(Temp), f. & cert. ef. 11-21-79 MHD 5-1979, f. & cert. ef. 8-14-79 MHD 43, f. & cert. ef. 11-5-76
309-120-0275 Visiting Privileges (1) When an adult in custody is transferred to a state mental hospital, the Department of Corrections facility shall provide a copy of the adult in custody's approved list of visitors. (2) All visitors shall be approved according to the state mental hospital’s procedure. (3) When an adult in custody is returned to a Department of Corrections facility, any new names added to the list will be subject to review and approval according to the Department of Corrections Rule on Visiting (Adult in custody) (OAR 291-127) before admission of new visitors will be allowed. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 32-2023, minor correction filed 07/11/2023, effective 07/11/2023 Renumbered from 309-120-0035, MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06 MHD 1-2000, f. & cert. ef. 1-24-00 MHD 3-1995, f. & cert. ef. 4-13-95 MHD 8-1983, f. & cert. ef. 4-1-83, Renumbered from 309-023-0010(5) MHD 1-1983(Temp), f. & cert. ef. 1-5-83 MHD 1-1981, f. & cert. ef. 6-5-81 MHD 3-1980, f. & cert. ef. 4-1-80 MHD 12-1979(Temp), f. & cert. ef. 11-21-79 MHD 5-1979, f. & cert. ef. 8-14-79 MHD 43, f. & cert. ef. 11-5-76
309-120-0280 Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips When an adult in custody is administratively transferred to a state mental hospital, no short-term transitional leaves, emergency leaves, or supervised trips shall be approved by the state mental hospital without approval of the functional unit manager of the Department of Corrections facility. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 33-2023, minor correction filed 07/11/2023, effective 07/11/2023 Renumbered from 309-120-0040, MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06 MHD 1-2000, f. & cert. ef. 1-24-00 MHD 8-1983, f. & cert. ef. 4-1-83, Renumbered from 309-023-0010(6) MHD 1-1983(Temp), f. & cert. ef. 1-5-83 MHD 1-1981, f. & cert. ef. 6-5-81 MHD 3-1980, f. & cert. ef. 4-1-80 MHD 12-1979(Temp), f. & cert. ef. 11-21-79 MHD 5-1979, f. & cert. ef. 8-14-79 MHD 43, f. & cert. ef. 11-5-76
309-120-0285 Releases from a State Mental Hospital An adult in custody who is transferred to a state mental hospital may be discharged and transferred back to a Department of Corrections facility for one of the following reasons: (1) Completion of treatment; (2) He/she could receive mental health services within the Department of Corrections, and there was a mutually agreed upon continuity of care plan developed by the state mental hospital and the Administrator of the Department of Corrections Counseling and Treatment Services Unit/designee; or (3) He/she does not meet the requirements to continue treatment at a state mental hospital. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 34-2023, minor correction filed 07/11/2023, effective 07/11/2023 Renumbered from 309-120-0045, MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06 MHD 1-2000, f. & cert. ef. 1-24-00 MHD 3-1995, f. & cert. ef. 4-13-95 MHD 8-1983, f. & cert. ef. 4-1-83, Renumbered from 309-023-0010(7) MHD 1-1983(Temp), f. & cert. ef. 1-5-83 MHD 1-1981, f. & cert. ef. 6-5-81 MHD 3-1980, f. & cert. ef. 4-1-80 MHD 12-1979(Temp), f. & cert. ef. 11-21-79 MHD 5-1979, f. & cert. ef. 8-14-79 MHD 43, f. & cert. ef. 11-5-76
309-120-0290 Reporting of Unusual Incidents Reporting of unusual incidents involving adults in custody administratively transferred to a state mental hospital shall be handled in accordance with the Department of Corrections policy on Unusual Incident Reporting Process. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 35-2023, minor correction filed 07/11/2023, effective 07/11/2023 Renumbered from 309-120-0050, MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06 MHD 1-2000, f. & cert. ef. 1-24-00 MHD 3-1995, f. & cert. ef. 4-13-95 MHD 8-1983, f. & cert. ef. 4-1-83, Renumbered from 309-023-0010(8) MHD 1-1983(Temp), f. & cert. ef. 1-5-83 MHD 1-1981, f. & cert. ef. 6-5-81 MHD 3-1980, f. & cert. ef. 4-1-80 MHD 12-1979(Temp), f. & cert. ef. 11-21-79 MHD 5-1979, f. & cert. ef. 8-14-79 MHD 43, f. & cert. ef. 11-5-76
309-120-0295 Confidentiality and Sharing of Information (1) Department of Corrections records and other adult in custody information shall not be available to adults in custody or persons not employed by, nor under contract to, the Oregon Health Authority. (2) Authority records and information will be handled in accordance with ORS 179.495, 179.505, 192.515, 192.517, and 42 CFR Part 2 relating to confidentiality of medical treatment records. Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042 Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508 History: BHS 36-2023, minor correction filed 07/11/2023, effective 07/11/2023 Renumbered from 309-120-0055, MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06 MHD 1-2000, f. & cert. ef. 1-24-00 MHD 3-1995, f. & cert. ef. 4-13-95 MHD 8-1983, f. & cert. ef. 4-1-83, Renumbered from 309-023-0010(9) MHD 1-1983(Temp), f. & cert. ef. 1-5-83 MHD 1-1981, f. & cert. ef. 6-5-81 MHD 3-1980, f. & cert. ef. 4-1-80 MHD 12-1979(Temp), f. & cert. ef. 11-21-79 MHD 5-1979, f. & cert. ef. 8-14-79 MHD 43, f. & cert. ef. 11-5-76
325-001-0001 Notice To Interested Persons Before adopting, amending, or repealing any permanent rule, the Patient Safety Commission will give notice of its intended action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule; (2) By providing a copy of the notice to persons on the Patient Safety Commission’s distribution list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; (3) By providing a copy of the notice to legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and (4) By providing a copy of the notice to: (a) The Hospital Association of Oregon; (b) The Oregon Health Care Association; (c) Oregon State Pharmacy Association; (d) Oregon Medical Association; (e) The Oregon Board of Pharmacy; (f) Oregon Nurses Association; (g) The Oregon Ambulatory Surgery Center Association; (h) Affected health care facilities and pharmacies; and (5) By putting a copy of proposed rules on the Commission website. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 183.341(4) History: PSC 1-2024, amend filed 02/07/2024, effective 02/07/2024 PSC 2-2015, f. & cert. ef. 7-10-15 PSC 1-2008, f. & cert. ef. 4-14-08 Reverted to PSC 3-2005, f. & cert. ef. 9-26-05 PSC 5-2007(Temp), f. & cert. ef. 10-19-07 thru 4-11-08 PSC 3-2005, f. & cert. ef. 9-26-05
325-001-0005 Model Rules of Procedure The Patient Safety Commission adopts, in their entirety, the current Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 183.341 History: PSC 2-2015, f. & cert. ef. 7-10-15 PSC 1-2005, f. & cert. ef. 6-8-05
325-005-0015 Biennial Budget The Oregon Patient Safety Commission (OPSC) hereby establishes the OPSC 2025-2027 biennial budget of $4,347,510 covering the period July 1, 2025, through June 30, 2027. The OPSC Executive Director will amend budgeted accounts as necessary within the approved budget of $4,347,510 for the effective operation of the agency. OPSC will not exceed the approved 2025-2027 biennium budget without amending this rule, notifying interested parties, and holding a public hearing as required by ORS 182.462. Copies of the budget are available by email at info@oregonpatientsafety.org and are posted on the OPSC website. Statutory/Other Authority: ORS 442.820-442.851 Statutes/Other Implemented: ORS 182.462 History: PSC 1-2025, amend filed 05/16/2025, effective 05/16/2025 PSC 1-2023, amend filed 05/17/2023, effective 07/01/2023 PSC 1-2022, amend filed 12/16/2022, effective 12/19/2022 PSC 1-2021, amend filed 06/03/2021, effective 07/01/2021 PSC 1-2019, amend filed 05/21/2019, effective 06/30/2019 PSC 3-2017, f. & cert. ef. 8-1-17 PSC 2-2017, f. 5-19-17, cert. ef. 6-30-17 PSC 1-2017, f. 2-28-17, cert. ef. 3-1-17 PSC 1-2016, f. & cert. ef. 1-29-16 PSC 2-2015, f. & cert. ef. 7-10-15 PSC 1-2015, f. & cert. ef. 3-17-15 PSC 1-2014, f. 3-18-14, cert. ef. 3-21-14 PSC 2-2013, f. & cert. ef. 7-3-13 PSC 1-2013, f. & cert. ef. 4-25-13 PSC 1-2012, f. 3-27-12, cert. ef. 4-1-12 PSC 1-2011, f. & cert. ef. 7-1-11 PSC 1-2009, f. & cert. ef. 6-26-09 PSC 4-2007, f. & cert. ef. 7-2-07 PSC 1-2006, f. & cert. ef. 2-6-06
325-011-0002 Participation in the Oregon Patient Safety Reporting Program (1) Participation in the Oregon Patient Safety Reporting Program is voluntary. (2) The following entities are eligible to participate: (a) Hospitals as defined in ORS 442.015; (b) Long term care facilities as defined in ORS 442.015; (c) Pharmacies licensed under ORS chapter 689; (d) Ambulatory surgical centers as defined in ORS 442.015; (e) Outpatient renal dialysis facilities as defined in ORS 442.015; (f) Freestanding birthing centers as defined in ORS 442.015; (g) Independent professional health care societies or associations; and (h) Extended stay centers licensed under ORS 441.026. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0005 Reporting Patient Safety Data (1) The Oregon Patient Safety Commission (OPSC) will provide Participants with the means to submit Patient Safety Reports. (2) Participants must use the format specified by OPSC when reporting Patient Safety Data. (3) If a Participant submits Patient Safety Data that does not meet established reporting requirements, OPSC may request additional information or choose not to accept submission. (4) If a Participant believes OPSC should immediately issue an alert based on a specific Adverse Event, the Participant should provide an initial report to the Commission. The Participant and Commission will work together to identify information to include in the alert. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0010 Reporting of Less Serious Adverse Events or Close Calls In addition to Serious Adverse Events, Participants are also encouraged to report less serious adverse events and close calls. Participants should do so when they believe other organizations will benefit from the information or when they believe such events present the potential for significant harm. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0015 Auditing and oversight of the Oregon Patient Safety Reporting Program The Oregon Patient Safety Commission (OPSC) Board of Directors will establish auditing and oversight procedures for the Oregon Patient Safety Reporting Program, including a process to: (1) Evaluate the effectiveness of the Oregon Patient Safety Reporting Program in advancing the mission of OPSC described in ORS 442.820 (2), including: (a) Operating the Oregon Patient Safety Reporting Program; (b) Sharing system-level improvement techniques to reduce systems’ errors; and (c) Sharing evidence-based prevention practices to improve patient safety; (2) Review the list of objective and definable adverse events and OPSC’s definition of active participation, including: (a) Determining a regular cadence at which the OPSC Board of Directors will do this review; and (b) Defining criteria to evaluate if changes are needed; and (3) Obtain certification by the Public Health Officer that OPSC is administering the Oregon Patient Safety Reporting Program consistent with the mission described in ORS 442.820 (2) and the requirements of 442.831 (1). Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0020 Public Health Officer Certification (1) At least annually, the Oregon Patient Safety Commission (OPSC) will request that the Public Health Officer certify that OPSC is administering the patient safety reporting program consistent with the mission described in ORS 442.820 (2) and the requirements of ORS 442.831 (1). OPSC will request that the Public Health Officer: (a) Develop independent and objective standards for their evaluation; and (b) Use those standards to certify the Oregon Patient Safety Reporting Program. (2) OPSC will provide information to the Public Health Officer to assist the Public Health Officer in completing the certification processes listed in (1) of this rule, consistent with OAR 325-011-0035. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0025 Patient Notification of Serious Adverse Events (1) After a Serious Adverse Event occurs, a Participant must notify each affected patient or the patient's personal representative. Notification must be timely and should be consistent with the Participant's internal communication and disclosure policies. (2) The Oregon Patient Safety Commission (OPSC) encourages Participants to notify each affected patient or the patient's personal representative of less serious adverse events. (3) As provided in ORS 442.837(4), notification provided under this subsection may not be construed as an admission of liability in a civil action. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0030 Waivers The Oregon Patient Safety Commission (OPSC) may waive any provision of these rules if the waiver will not adversely affect OPSC’s mission described in ORS 442.820. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 2-2025, amend filed 05/16/2025, effective 05/16/2025 PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0035 Protection of Patient Safety Data (1) The Oregon Patient Safety Commission (OPSC) is subject to all the confidentiality provisions set forth in ORS 442.820, 442.831, 442.837, and 442.846. (2) OPSC will maintain the confidentiality of all Patient Safety Data that identifies or could be reasonably used to identify a Participant or an individual who is receiving or has received health care from the Participant. (3) Before it takes receipt of any confidential Patient Safety Data, OPSC will have in place appropriate safeguards and security measures to ensure the technical integrity and physical safety of such data. (4) Pursuant to ORS 442.820(4), meetings or portions of meetings where the Oregon Patient Safety Commission Board of Directors, or subcommittees or advisory committees consider information that identifies a Participant or patient are not subject to the Oregon Public Meetings Law, 192.610 to 192.690. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0040 Commission’s Use of Patient Safety Data (1) The Oregon Patient Safety Commission (OPSC) may create ad hoc committees to advise OPSC on best practices in patient safety, including but not limited to learning from and sharing Patient Safety Data. (2) At least quarterly, OPSC will provide Participants with patient safety information derived from Patient Safety Data. (3) At least annually, OPSC will publish a report to the public summarizing Patient Safety Data for the preceding calendar year. (4) OPSC will work with representatives of organizations participating in the Oregon Patient Safety Reporting Program and with other interested parties to develop recommendations for continued improvements in the collection and use of Patient Safety Data. (5) OPSC, within its resource limitations, will provide technical assistance to Participants, including but not limited to recommendations or advice regarding patient safety systems and practices, and use of the Oregon Patient Safety Reporting Program. (6) OPSC may initiate other projects using patient safety data when consistent with its mission and in accordance with existing confidentiality protections. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024
325-011-0045 Commitment to Adverse Event Reporting (1) Eligible entities reporting adverse events in the Oregon Patient Safety Reporting Portal pursuant to a completed commitment agreement as described in this section are entitled to the benefits set forth in these rules and ORS 442.844 and 442.846 . (2) Eligible entities may request access to the Oregon Patient Safety Reporting Program Portal by completing Oregon Patient Safety Commission (OPSC)’s commitment agreement. The commitment agreement must include the : (a) N ame of a designated contact person ; and (b) Signature of either: (A) a facility representative in a quality oversight role who is authorized to commit the eligible entity to comply with the terms of the commitment agreement; or (B) an executive or designee who is authorized to sign on behalf of the facility. (3) In committing to report adverse events in the Oregon Patient Safety Reporting Portal, an eligible entity shall affirm its commitment to sharing Patient Safety Data with OPSC and at least once per quarter submitting patient safety data related to an adverse event or close call. (4) Eligible entities with access to the Oregon Patient Safety Reporting Portal are responsible for informing OPSC of any changes to the entity’s designated contact person. (5) OPSC will make a determination regarding access to the Oregon Patient Safety Reporting Portal and notify the eligible entity of that decision within 30 calendar days of receipt of the commitment agreement. (6) Term of Commitment Agreement: (a) Commitment agreements shall expire on a term as established by the OPSC Board of Directors. If the eligible entity does not sign a new commitment agreement by the expiration date, OPSC shall process the existing commitment agreement as withdrawn pursuant to OAR 325-011-0050(2). (b) Eligible entities with an active Oregon Patient Safety Commission Participation Agreement as of May 16, 2025, shall complete a commitment agreement as described in this rule by a date established by the OPSC Board of Directors. (c) The commitment agreement described in this rule shall remain in effect until the eligible entity withdraws from the commitment agreement as described in OAR 325-011-0050, or until the commitment agreement expires as described in subsection (a) of this section. Statutory/Other Authority: ORS 442.820 & 442.831 Statutes/Other Implemented: ORS 442.819-442.851 History: PSC 2-2025, amend filed 05/16/2025, effective 05/16/2025 PSC 1-2024, adopt filed 02/07/2024, effective 02/07/2024