309-033-0530 Approval of Hospitals and Nonhospital Facilities to Provide Services to Persons under Civil Commitment and to Person in Custody and on Diversion This section establishes rules for approval of hospital and nonhospital facilities which provide service to a person under civil commitment or to a person in custody or on diversion. (1) Approved hospitals and other facilities. Only hospitals and nonhospital facilities, approved by the Division under this rule, shall provide care and treatment services for persons under civil commitment or for persons in custody or on diversion. (2) Application for approval. Approval of hospitals or nonhospital facilities shall be accomplished by submission of a letter of application pursuant to OAR 309-008-0400. If approved, a certificate pursuant to OAR 309-008-0500 will be issued to the hospital or nonhospital facility to provide such services. This approval shall be reviewed on a biennial basis subject to application of the hospital or other facility and/or review by the Division. (3) Requirements for approval. In undertaking review of the hospital or nonhospital facility for approval, the Division shall be satisfied that the hospital or nonhospital facility meets one of the following requirements: (a) Approval to provide seclusion and restraint to persons under civil commitment and to persons in custody and on diversion. The Division shall approve, without further requirement, hospitals and nonhospital facilities currently approved under OAR 309-033-0700 through 309-033-0740; (b) Requirements for facilities not approved to provide seclusion and restraint. The Division shall approve a nonhospital facility to serve persons under civil commitment and persons in custody and on diversion if the nonhospital facility is certified as a secure residential facility under Division rules and the nonhospital facility has the following: (A) Written policies and procedures in place which assure that: (i) The facility shall not admit a person who may require seclusion or physical restraint. (ii) A person who develops the need for seclusion and restraint is immediately removed to a hospital or nonhospital facility approved under OAR 309-033-0700 through 309-033-0740. (iii) Each person admitted to the facility has a Licensed Independent Practitioner (LIP) who is responsible for treating the person during the person’s stay at the facility and who examines the person within 24 hours of the person’s admission to the facility. (iv) A staff person shall provide direct care for consumers only when that staff person is trained in the curriculum approved by the LIP. The staff shall receive the training within the last six months prior to providing direct consumer care. (v) A staff person shall participate in the training approved by the LIP quarterly. (B) A LIP, who is employed by the facility or has a contract with the facility, to provide medical oversight of admission policies and procedures, and staff training; (C) A staff training curriculum which is approved by the LIP and includes: (i) Criteria for the admission of a person who can safely be served by the nonhospital facility; (ii) Recognition of indicators of violence or assault and criteria for the transfer of person to a more secure facility; (iii) Indicators of medical problems, identification of medication side effects, and indicators of medical problems and medical crisis; and (iv) Management of aggressive behavior and de-escalation techniques. (D) At least two qualified mental health associates who are available on-site 24 hours-a-day, seven days-a-week; (E) Alarmed doors and windows which have been approved by the Division; (F) A written agreement with a law enforcement agency to respond to emergencies that provides: (i) Emergency response time within 15 minutes of the nonhospital facility’s request; (ii) Agreement by the law enforcement agency to retake a person who elopes and to return the person to the nonhospital facility or remove the person to a hospital or nonhospital facility approved under OAR 309-033-0700 through 309-033-0740, as directed by the administrator of the nonhospital facility. (G) Documentation of fire marshal approval to operate as a secure facility. (3) Data reporting. Hospital and nonhospital facilities, including CMHPs and facilities operating as regional acute care psychiatric facilities, approved to provide services to individuals placed under civil commitment for care, custody, and treatment shall complete, within 24 hours of hospital admission or discharge, the appropriate reporting requirements related to the care, custody, and treatment for persons under civil commitment as indicated in: (a) The County Financial Assistance Agreement (CFAA): (b) OAR 309-032-0870; and (c) Any additional contract, agreement, or licensing requirement(s) necessary to maintain in order to continue providing for the care, custody, and treatment of persons under civil commitment. Statutory/Other Authority: ORS 413.042, 426.228, 426.232, 426.233 & 426.236 Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 7-2024, amend filed 04/30/2024, effective 05/28/2024 BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 MHS 28-2016, f. & cert. ef. 12-29-16 MHD 8-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-210-0040