309-033-0420 Transportation and Transfer of Persons in Custody or On Diversion (1) Notification of court. The director shall immediately inform the court of a transfer and the location of the person and of the time the person is admitted to a new hospital or nonhospital facility. (2) Transfer of persons in custody or on diversion. The director may transfer a person who is in custody or on diversion only when: (a) The director believes there is a facility approved in accordance with OAR 309-033-0530available that can provide necessary care or treatment which is sufficient to meet the emergency psychiatric needs of the person; (b) The director has obtained the consent required by OAR 309-033-0420(3) and 309-033-0420(4). (3) Consent by treating Licensed Independent Practitioner (LIP) and receiving LIP or director for transfer between hospitals. If the transfer is from a hospital to another hospital or to a nonhospital facility, the director shall obtain the consent of the treating LIP and of the receiving LIP or the director of the nonhospital facility prior to transferring the person: (a) The treating LIP shall give consent by documenting in the person’s clinical record an order over the LIP’s signature within 24 hours of giving verbal or written consent; (b) The receiving LIP at a hospital or the administrator of a nonhospital facility shall accept the transfer verbally and shall document the acceptance in the clinical record of the person. (4) Consent by treating LIP for transfer from nonhospital facility to hospital. If the transfer is from a nonhospital facility to a hospital, the director shall obtain the consent of the receiving LIP prior to transferring the person: (a) The receiving LIP shall give consent by documenting in the person’s clinical record an order over the LIP’s signature within 24 hours of giving consent to the director to admit the person to the hospital; (b) The director shall provide the nonhospital facility written approval of the transfer within 24 hours of giving verbal or written approval of the transfer; (c) The administrator of the nonhospital facility shall document the director’s verbal approval and retain written approval of the transfer in the person’s clinical record. (5) Consent by administrator for transfer between nonhospital facilities. If the transfer is from one nonhospital facility to another nonhospital facility, the director shall obtain the verbal or written consent of the administrator of the receiving nonhospital facility prior to transferring the person: (a) The administrator of the receiving nonhospital facility shall consent to the transfer by documenting in the person’s clinical record the consent within 24 hours of giving verbal or written consent; (b) The director shall provide the sending nonhospital facility written approval of the transfer within 24 hours of giving verbal or written approval of the transfer; (c) The administrator of the sending nonhospital facility shall document the director’s verbal or written approval and retain written approval of the transfer in the person’s clinical record. (6) Notice to person to be transferred. Except in cases of emergency, 24 hours before the transfer is to take place, the director shall provide a notice to the person to be transferred which includes: (a) Transfer date and time; (b) A statement that the person may use the grievance procedure and a brief description of how to initiate a grievance; and (c) Justification for the transfer. Statutory/Other Authority: ORS 413.042, 426.060 & 426.235 Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 MHD 7-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-205-0030